WAS Authorization to Send HEALTH WELLNESS SERVICES FOB 642302 I Hm n, WA 9916472302 509-33375? - anusugfaas-zoqz SEP "2 2011' WASHINGTON . \l mm mm {Ilu'l'lfiul' milidla) I authorize WSU HWS to send in records tu: mo mm. mm ORPROVEER mom mum mx :5 cl w, sun. 0R HOLD mm NEE T0 PICK UP AT THE RECEPTION DESK le mly use or disclose following beam: r-re infolmnlinu um apply): All health CHI: infvm'rmon in my medical "cold Emlh care information in my medical record relating k) the folluwlng mammal ondili n' ,gflaallh we mfomlafian in my medial record date(s): fig 4 log 34 'j Other. please specify Discuss my lam)de . I that mi: rcleiu: will become email/c on line duly I :ign it. Tllis and 1] 01161012): El when Lll: following even: on a 90 days from the date s|gned IS in a financial 0! an employer arm: paimvt {orpurpmes um" {hm pal/Lilli") 1 my tanctl this nl any time by nofifying the mom holds: in miling. I release rile clinic/gravid" ml ils stall {ram all legnl :qpansibimy um my a! ise irnm Ihi: A copy mile Healln and Wellness Sen/inn PriVMy anice In: been affernd me. am mm. cur: intormtiun is disclosed. an perm" nl- nl'gnnixntlon mac il may reliisclare il. Privacy laws nuy no lnnger pram: ll. Ynu nut mind In Sign Ibis Raf-iqu in sign me nullmrimliun will no: ndvu'scly alien your ability In receive mm. can xcrvicu nr for services. '1 i: only circumstannewhelx reiml to Sign means ywu will not .emive healfll em, serviu'. is mull are solely purpax: ofmoviding henllh informalinn ln sumenne else ml the :ulflxullzullon ir ta make . K, Specific Consent for Release of Sensitive Medical Information Yuu ma Ilse nr 1mm. me infurmnfion regarding liming, diugnnsis, and lmlmen: for (chm/m" lhazapply): HJV virus) Sexually diseases disorders/menu! heallil Drug and/m alumni use Sigma": FOR OFFICE USE ONLY: Copy mulled enmenlr: Cnpy Cnpy gun to nnunnl . Cnny held fm pick up CHECKED 59022014 STATE UNIVERSITY 29 August 2014 Vla us Mall and Email (-- Pullman, WA 99153 Dear -, On 20 Augusr 2014, the srare Unlversity Conducr Board was convened ro hear charges rhar you had vlolared provisions of rhe Unlvelsily's Standards of Cwlductfm sradarus. The hearing was originally scheduled for so July 2014 but, at your requesr, was posrponed uncll 20 August 2014, You were presenr ar rhe hearing, along with your advisor, Ms. Mel Morgan from the omce of rhe Dean of srudenrs. You were charged with vlolallng the Iollawmg slandards: WAC sumo-211 Alcnhul. Use, possession, manufacture, or dls|rib|l|i0n of alcoholrcbeverages (excepr as expressly permmed by regulauons). or public inroxrcauon are prahrbued Alcohohc beverages may nol, ln any crrcumsrance, be used by, possessed by, or disrnbured In any person under |wemy-one years or age. WAC sad--26.204 Abuse of self or orhers. physical abuse, rhrears, and/or orher Conduct rhrearens or endangers rhe heahh or salery of any person, lncluding ones sell WAC some-224 Reckless endangemlenL Engagmg ln condud mat creares an unreasonable or harm anmher person or properry. WAC sod-25409 Violarion of pulicy, rule, or regulafidn. Vrolauon of any university polrcy, rule, or regularlon eleoromcally on rhe web sue or hard copy. wsu's Excrumm Polrcy :15, Pull'cy I'mhl'bnmg Sl'xlml Harnaalnerll, and 5mm} WAC sm-zs-zzn Discriminarion. Discriminanun on rhe basls of race. color. rellgruu, anceslry, neuronal or erhmc ungin, age, gender, manual sracus, veteran slams, sexual onenrarlon, gender rdenury, or menral, sensory drsablluy is with federal and srare laws. WAC 504-26-221 Sexual miscanducl. (1) Sexual miscondutt any sexual activfly wilh anomcr ls unwamed and nonconsensual. Sexual misconducl rncludes come: as well as voyeunsrn. (2) Consem ro sexual acnvuy requires Lhal, ar are one of lhe arr, rhere are acrual words or conducr demunslraung lreely glven agreemenr ro sexual or passivaly is our consenr. Even rr words or conduer alone seem in imply consem, sexual achvily is nonconsensual when Force or ls rhreaaened or used In procure comp 'ance wilh lhe sexual acuviry; or The person ls unconscious or unable lo communrcare or her unwi mgness so engage ln sexual adivity, or The person lacks the memdl capanry or (he hme or lhe sexual acnvuy to be able ro undersland Lha nanrre or consequences or lhe acl, whether ehar incapacrry ls produced by rllness, defect, rhe mrluence or alcohol or anorher subslance, or some orher WAC 504-25422 Harassmenr. Conducr by any means rhar rs severe, pervasrve, or and rs or such a narure ehar would cause a reasonable person In rhe posluon subscamial emouonal and undermine or her abl ry work, srudy, or participate or her regular lrle acuurues or parucrpare rhe or she 250 student Sen/lees alluding PO Box 641064 Pullman, WA 9916440654 50973354532 Fax 509-335-4814 landards@wsu.edu - standards wsu edu university, and actually does cause the victim substantial emotional distress and undermines the victim's ability to work, study, or participate in the victim's regular lite activities or participate in the activities oi Lhe university. The Conduct Board recorded your plea of Responsible for violating WAC 5044267212 (Alcohol) but Not Responsiblz for each of the other Vlalafions charged. At the hearing, the Conduct Board heard sworn testimony irorn Ms Kimberly Anderson, Director oi WSU's otiice ior Equal Opportunity, and irom you. Based on these testimonies, along with the contents oi the file compiled by the otiice oi Student Standards and Accountability, the Conduct Board made the tollowing iinds oi iact: On the evening oi Friday, 25 January 2014, the complainant was consuming alcohol and playing drinking games with hiends in the residence hall. You jnmed them some time otter 10:30 pm. Wimessos told investigators irorn 050 and the oi Student Standards and Accountability that the complainant was "highly intoxicated due to his having consumed a large amount oi alcohol, including most oi a bottle at Fireball cinnamon whiskey, which was as a 'standard and some amount oi vodka, which he also consumed 'sh'aighi from the bottle!" These witnesses also told investigators that the complainant was slurnng his speech, having balancing and was unable to ioim clear sentences. The complainant reported to invesngators that his level oi intoxication on a scale irorn one to ten was a ten. Witnesses gave similar ratings at the complainants level oi imoxicatlont You, however, rated the complainants level oi intoxication as about a iive out oi ten. You told investigators that you were so intoxicated ttiatyou stumbled and "walked against a wall"; that you had consumed a large amount oi altohoL that your level oi intoxication was an eight out oi ten and that you leit the drinking game at one point wentto the rest room, and vomited iour times. Witnesses, however, said that although they knew you had consumed alcohol, you did not appear intoxicated. The complainants memory oi what had taken place that night was, at best, spotty. A lack oi clear memories is in keeping with having been severely intoxicated. On the other hand, you told investigators that, notwithstanding your reported level oi lntoxicarion, you had a "clear memory" oi everything that happened that night At some point, you led the complainant to your room; the two oi you had sexual contact while in the shower together and again on your tied. Witnesses told investigators that, knowing the level oi the complainant's intoxication and being concerned tor his well being, they knocked on your door and asked to see him. rou them entry although when the door was ajaz, they did see the complainant standing naked in the morn. Alone point, you ieit the complainant alone in your room and two oi the witnesses loiocked on the door and attempted to contact the complainant. Hearing the knock, you ran back to your room tolling them, "Don't ruin this tor me." The complainant told investigators that aitet sexual contact he wanted to leave your room but that you kept urging him to wait. While you were briefly absent irotn your room, the complainant leit your room and went into another snidents room where he hid in her closet. You came looking tor him and told a witness that the oomplainant had leit his Cougar Card in your room. The witness said she would come to get it iot him, but you told her that the tomplainantneedcd to retrieve his personally. As it turned out, the complainant did not leave his card in your room (ire, you lied to the witness). The Board reviewed your testimony at the hearing, along with the statements that you and others (including the complainant) provided to the Office iot Equal Opportunity and the lattice of Student Standade and Accoumability; we also rEviewed statements reported by residence hall staff who were contacted by witnesses shortly aiter the incident. We determined that your testimony was contradicted by witnesses who, although lriends of the complainant, told essentially the same story as did the complainant when they were interviewed separately. Your statements and testimony, on the other hand, were inconsistent with wimesses' statements. For example, you denied that the complainant showed signs of being sennusly intoxicated (which, given the amount at alcohol he had consumed and his slurred speech, etc. seemed self serving on your part). You said you were highly intoxicated, yet no one else saw signs that you had consumed much alcohol. Finally, the manner in which you told your story--adding strange details that yuu had not shared with the OEoimade your testimony less credible to us. Based on a preponderance of the evidence, the Conduct Board found you for each of the violations charged. The members of the Conduct Board judged your behavior toward the complainant to be egregious violations of the university's Standards Students. You not only engaged in sexual conduct with someane whom you knew, or should have known, was not competent to consent to your advances, but you purposeiully isolated him irom his iriends who were concerned about his well-being. When his friends tried to intervene, you begged them not to "ruin this for rne"--all the while not caring about the consequences ior this young man. Your behavior demonstrated to us that you are a danger to other students. Therefore, the Conduct Board assigns the following sanctions: 1. You are expelled from Washington State University (including its urban Campuses and the WSU "Global Campus") 2. Because you have been found to be a danger to other students, you are bespassecl trom Washington State University until 1 January 2020. Trespass means that your privilege to be on campus, including branch and urban campuses, has been revoked by the University. ii you are found on campus in violation oi this sanction, you may be subject to arrest and prosecution (or Criminal Trespass under RCW 9A.52.070 or 9A.52.080. If you have a legitimate business need to he on the Washington State University campus, you must be escorted by an Official with Washington Slate University, and arrangements must be made prior to entering campus. This means you must make arrangements with either the Dean of Students (509 335--5757) or wsu Police (509 assassin) before coming on wsu property for any reason, 3. Your Cougar Card privileges are rescinded. Any cash balance on your card will be refunded by cheque after all university debts are satistied. 4. Your Washington State University email account is cancelled. These sanctions will take eiicct at the occurrence of either a iinal order issued by an appeal board (should you dedde to appeal) or at the expiration oi the time for filing an appeal. You have the right to appeal the decision in this case and/or the sanctions, li you choose to appeal, you must do so in writing (stating the grounds and arguments) to the oi Student Standards and Accountability, within twenty-one days oi the date oi this letter. it you choose not to appeal, this decision becomes final. The following are grounds ior appeal: Whether the university conduct board hearing was conducted iairly in light oi the charges and iniormation presented, and in conformity with prescribed precedures giving the complaining party a reasonable oppormnity to prepare and to present iniormation that the standards oi conduct for students were violated, and glving the accused student a reasonable opportunity to prepare and to present a response to those allegations. Deviations lrom designated procedures are not a basis ior sustaining an appeal unless significant prejudice results, -4 Whether the decision reached regarding the accused student was based an substantial lnfurmatiun, that is, whether there were tat-ts in the case that, it believed by the fact finder, were sufficient establish Lha a violation of the standards of condud tar students occurred Whether the imposed were appropriate tor the violation of the standards of cmdutl for students which the student was found to have cemmitted. New lnfonnalion, sufficient o alter a decision, or other relevant taets nat brought out in the original hearing, because sueh intormation and/or facts were not known to the person appealing at the time or the original student eenduet beard hearing. you choose to appeal the decisions or the sanctions of the university Conduct Board, the burden of proof shifts from the University to you, The appeal process is a review by the University Appeals Board of the record of the hearing plus the letter of appeal, including any written argument(s) submitted by you, and new evidence if that is the ground tor appeal. it is not a new hearing, You can submit your appeal at Sincerely. Lisa 1. Chair, university Conduct Board cc Adam Jussel, Director, Office of Student Standards and Accountability Washington State University Authorization for Release of Student Records STUDENT INFORMATION NAME To WHOM INFORMATION Is To BE RELEASED PRINT Name Address ID Number Phone Phone Fax Number Wm INEQRMATION IS TO BE RELEASED: 'r Fleas: release ihc information: ix Conduct/Disciplinary a Student Advising Records a Semester Grade report {or (Semester/Year) wsu Transcript i$aroo fee payabl: tn the wsu rogish-ar's omco) Verificaan or Emollrnent Cancellation other as specified: manna I hereby authorize Washington State University to release the records indicated abave from my Washington Siam University Academic me, I understand that the irironnsiiori will be used ior proiossionai purposes. This release will be valid ior 90 days, and i understand that i may revokl: it at any iimo by wriucn notice. A photocogy of this authorization may be led with the same authority as ihc original.q' 9/ Date ConductJronLDesk From: Jussel, Adam Sent: Friday, August 29, 2014 11:13 AM Tu: Subject: WSU Conduct Board Decision Attachments: - Decision letter_Redacted.pdf The Office of Students Standards and Accountability has been informed ofthe University Conduct Board's decision in a case brought before the Conduct Board on 20 August 1014. I am notifying you of that decision. Attached please find a redacted version of the Conduct Boa rd's decision letter. The sanctions listed in the letter take effect at the occurrence of either a final order issued bv an appeal board (should you decide to appeal) Dr at the expiration (lithe time for filing an appeal. The complainantand the respondent have the appeal the decision. liyou choose to appeal, you must do so in writing (stating the grounds and arguments) to the office of Student Standards and Accountabiliw, within twenty-one days of the date of this letter. If the respondent appeals, you will be notified of the appeal, provided the opportunity to review the appeal request, and be allowed to explain your views of the matter to the Appeals Board in writing. The following are grounds for appeal: (3) Whether the university conduct board hearing was conducted fairly in light ofthe charges and information presented, and in conformity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present information that the standards of conduct for students were violated, and giving the accused student a reasonable opportunity to prepare and to present a response to those allegations, Deviations from designated procedures are not a basis for sustaining an appeal unless significant prejudice results. lb) Whetherthe decision reached regarding the accused student was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the standards of conduct for students occurred. whether the sanctionfsl imposed were appropriate for the violation of the standards of conduct for students which the student was found to have committed. (all New information, sufficient to alter a decision, or other relevant facts not brought out in the original hearing, because such information and/or facts were not known to the person appealing at the time ofthe original student conduct board hearing. lfyou choose to appeal the declsions or the sanctions of the Conduct Board, the burden of to you. The appeal process is a review by the University Appeals Board ofthc'reoord ofthe hearing plus the lettarofappeal, any written argumends) by you, and any new evidence ifthat isthe ground for appeal. it is not a new hearing. You can submit your appeal at lfyou have questions concerning the decision of the Board, the nature ofthc sanctions, orthe appeal process, please contact me at the number listed below. Sincerely, c: n: 1x9 Adam Jussel Director, Office of Student Standards 81 Accountability Washington State University 509/335?9745 WAs'l lN S'lA'tl 29 August 2014 Via us Mail and Email (-- Dear-- 21] August 2014, the Washington State University Conduct Board was convened to hear charges that you had violated provisions or the University's standards of conduct [or Students. The hearing was originally scheduled for 30 July 2014 but, at your request, was postponed until 20 August 2014. Ycu were present at the hearing, along with your advisor, Ms. Mel Morgan inn-n the oilice of tlte Dean oi Students. You were charged with violating the tollowing standards- WAC sumo-212 Alcnhol. Use, possession, manutacture, or dis i oi alcoholic beverages (except as expressly permitted by university regulations), or public intoxication are prohibited. Alcoholic beverages may not, in any circumstance, be used by, possessed by, or distributed to any person under years of age WAC some-2m Abuse or selt or others. Physical abuse, threats, intimidation, and/or other conduct which threatens or endangers the health or saiety otany person, including one's seli, WAC SDI-16424 endangerment. Engaging in conduct that creates an unreasonable risk oi harm to another person or property. WAC some-209 Violation ot university policy, rule, or regulation. violation oi any university policy, rule, or regulation published electronically on the university web site or in hard copy, Specifically, WSLI's Executive Policy 115, ['01le Prohibiting Discrimination, srittnl and Sunni Misconduct. WAC suds-2m Discrimination, Discrimination an the basis or race, color, ieligion, ancestry, national or ethnic origin, age, gender, marital status, veteran status, sexual orientation, gender identity, or mental, physical, sensory disability is prohibited in contormity with tederal and state laws. WAC sot-2mm Sexual misconduct. (1) Sexual misconduct is any sexual activity another that is unwanted and nonconsensual. Sexual misconduct includes physical contact as well as voyeurism, t2) Consent to sexual activity requires that, at the time at the act, there are actual words or conduct demonstrating irecly given agreement to sexual lence or passivity is not consent. Even it words or conduct alone seem to imply consent, sexual is nonconsensual when: Force or blackmail is threatened or used to procure compliance the sexual activity; or The person is unconscious or physically unable to communicate his or her unwillingness to engage in sexual activity; Dr The person lacks the mental capacity at the time oi the sexual activny o be able to undetstand the nature or consequences oi the act, whether that incapacity is produced by illness, detect, the influence at alcohol or another substance, or some other caus i WAC sums-222 Harassment, Conduct by any means that is severe, pervasive, or pe eat, and is or such a nature that it would cause a reasonable person in the victim's position substantial emotional distress and undermine his or her ability to work, study, or participate in his or her regular lite activities or participate in the activities at the 250 Lighly Student Sewtces Building - PO Box 341034 . Pullman, WA 99164-1064 1. (t sue-3354532 Fax 509-335-4814 - - wstt.edu ii t. university, and actually does cause the victim substantial emotional distress and undermines the vlc im's ability to work, shady, or participate in the victim's regular lite activities or participate in the activities oi the university. The Conduct Board recorded your plea oi tor violating WAC 50446412 (Alcohol) but Not Responsible for each oi the other violations charged. Al the hearing, the Conduct Board heard swam testimony from Ms Kimberly Anderson, Director of WSU's cities tor Equal Oppummity, and irorn yau, based on these testimonies, along with the contents oi the tile compiled by the (tides oi Student Standards and Accountability. the Conduct Board made the iotlowing finds of fact: on the evening Idnuary 2014, the oomplainant wru consuming alcohol and playing drintting games with iriends in the residence hall. th joined them some are alter 10:30 pin. immessea told investigators irorn CEO and the oi Student Standards and Accountability that the complainant was "highly intoxicde due to his having consumed a large amount oi alcohob including most oi a bottle oi Fireball cinnamon whiskey, which was described as a'slandnid filth,' and some amount oi vodka, which he also oonsurned 'straight irorn the bottle!" These witnesses also told investigators that the oomplainant was slotting his speech having diliiculty balancing and was unable to ionn clear sentences. The complainant reported to investigators that his level oi intoximh'on on a scale irorn one to tea was a ten. Witnesses gave similar ratings oi the complainant's level oi intoxioation. You, however, rated the complainants level oi intorrcation as about a live out oi ten. You told investigators that you were so that you stumbled and "walked against a wall",- that you had consumed a large amount or alcohol, that your level oi ln oxicafion was an eight out oi ten and that you tell the drinking game at one point, went to the rest room, and vomited tour times. Witnesses, however, said that although they knew you had consumed alcohol, you did not appear litimticnied. The oamplainants memory oi what had taken place that night was, at best, spotty. A lack oi clear memories is in keeping with having been sevnely intoxicated. On the other hand, you told investigators that, notwithstanding your reported level oi intoxication you had a "clear mernory~ nf everything that happened that night. At some point, you led the complainant to your room; the two oi you had sexual contact while in the shower together and again on your beat. Witnesses told investigators that knowing the level oi the complainant's and being concerned [at his well being, they knocked on your door and asked to see him You refused them entry although, when the door was alar, they did see the complainant standing naked in the room. At one point, you left fite'complainant alone inymli mum and two of the witnesses an the dam and attempted tocontaet the complainant. Hearing the knack, you ran back to your room telling them, "Don' ruin this ior me," The complainant told investigators that ailer sexual contact he wanted to leave your room but that you trapt urging trim to wait, while you were brleily absent from your room, the complainant leit your room and went into another student's room where he hid tnher closet. You came looking ior him and told a witness that the oornplainant had leit his Cougar Card in your roomi The witness said she would oome to get it for him, outyou told her that the complainautnreded to retrieve his sard personally. As it turned out, the complainant did not leave his card in your room the, you lied to the witness). The Conduct Board reviewed your testimony at the hearing along with the statements that you and cttrers (including the complainant) provided to the ior Equal Opporhrnity and the oiStudent Standards and Accountability; we also reviewed statements reported by residence hall statt who were contacted by witnesses shortly aiter the incident, We determined that your testimony was contradicted by witnesses who, although triends ot the complainant, told essentially the same story as did the complainant when they were interviewed separalely, Your statements and testimony, on the other hand, were 09-32750 inconsistent with wimesses' statements. For example. you denied that the complainant showed signs ot being seriously intoxicated (which, given the amount at alcohol he had consumed and his slurred speech, etc. seemed selt serving on your part). You said you were highly intoxicated, yet no one else saw signs that you had consumed much alcohol. Finally, the manner in which you told your story--adding strange details that you had not shared with the OED--made your testimony less credible to us. based on a preponderance or the evidence, the Conduct board round you Responsible tor each at the violations charged. The members or the Conduct board judged your behavior toward the complainant to be egregious violations ot the university's Standards Students. You not only engaged in sexual conduct with someone whom you knew, or should have known, was not competent to consent to your advances, but you purposeiully isolated him trom his triends who were concerned about his well-being. What his triends tried to intervene, you begged them not to "win this tor the while not caring about the consequences for this young man Your behavior demonstrated to us that you are a danger to other students. Theretore, the Conduct board assigns the tollowing sanctions; 1. You are expelled from Washington State University (including its urban campuses and the WSU "Global Campus") 2. Because you have been found to be a danger to other students, you are trespaased {mm Washington State University until 1 January 2020. Trespass means that your privilege to be on campus, including branch and urban campuses, has been revoked by the University it you are round on campus in violation of this sanction, you may be subject to arrest and prosecution for Criminal Trespass under RCW 9A52.070 at If you have a legitimate business need to he on the Washington State University campus, you must be escorted by an Official with Washington State University, and arrangements must be made prior to entering campus. This means you must make arrangements with either the Dean at Students (509 335-5757) or wall Police (509 335-3545) before coming on wsu property for any reason. 3. You: Cougar Card privileges are rescinded. Any cash balance on your card will be retunded by cheque atter all university debts are satisfied. 4. Your Washington State University email account is cancelled, These sanctions will take effect at the occurrence at either a tinal order issued by an appeal board (should you decide to appeal) or at the expiration oi the time tor tiling an appeal. You have the right to appeal the decision in this case and/or the sanctions. It you choose to appeal, you must do so in writing (stating the grounds and arguments) to the Otiice at Student Standards and Accountability, within twenty-one days of the date of this letter. If you choose not to appeal, this decision becomes final. The tollowiog are grounds iot appeal: Whelhel' ill: university conduct board hearing was conducted fairly in light of the charges and information presented. and in contormity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present iniorrnation that the standards at oonduct tor students were violated, and giving the acnrsed student a reasonable opportunity to prepare and represent a response to those allegations. Deviations designated procedures are nota basis for sustaining an appeal unless significant prejudice results. 09822' - 4 Whether the decision reached regarding the accused student was based on substantial information, that is, whether "law were tacls tit tlte case that, ti believed by the that finder, were sultictent to establish that a vtolattun of the standards of tonducl tot students omitted, Whether the sanctisnts) imposed were appropriate tor the vtelahon or the oi conduct to. students which the studerfl was tonnrt o have committed, New inforntatimt, sumctent I0 alter a decision, or other relevant laets not out in the unginal heating, because such intunnation and/or tarts were not known the persun appealing at the time of the orlgmal snrdent mnduct baatd hearlng. It you choase to appeal the decisions or the sanctions oi the Universin Conduct Board, the butden oi proot shitts [mm the University to you. The appeal process is a review by the University Appeals Board at the record at the hearing plus the letter of appeal, including any written argumentts) submitted by you, and new evidence it that is the ground for appeal. it is not a new hearing, You can submit your appeal at Sincerely, Lisa 1. Chair, University Conduct Board Cc Adam Iussel, Director, Office of S udenl Standards and Accountability Qfiflff'iiti ront.Desk Jussel, Adam Frida' Auiu5129 2014 11 00 AM Subject: WSU Conduu Hoard Decision Atfachmenls: 201408291058Vpdi Please find the conduct board's decision attached hereto. Best, Adam Jussel Director, Student Standards and Accountability Washington State University 1 Lighlv 260 adam 'ussel@wsu.edu 509-335-9745 cnnduct.w5u.edu VVASI Sim llx'l'li' fl 29 August 2014 Via US Mail and Enial Pullman, WA 99163 On 20 Augus| 2014, lhe Washington Slate Candnci Board was cnnveneal lo hear charges ihal you had violaled provisions of lhe Univcl'sily's The hearing was originally scheduled for 30 July 2014 but, ai your reqllesl, was puslponed until 20 August 2014. You were present an the hearing, along wiih your advisor, Ms. Mel Mur-gan lronr lhe Olfice oi ihe Dean of snideuls. You were charged wilh vialaling lhe followmg slandards: WAC slime-212 Use, manufacture, or oi alcoholic beverages (excepl as expressly perrnilleel by universiiy regulalions), or publ rnloxrcailon are plchibilcd, Alcahollr beverages may nul, in any circumstance, be used by, possessed by, or dis ribuieci lo any person under rwenry-one years oi age. WAC 50445-204 Abuse oi self 0! Mineral Physical abuse, (Meals, mlimldafion, and/or other conduct which lhrealens or endangers lhe heallh or salary afany persan, including one's sell, WAC an-zs-m Reckless endanger-uni. Engaging in conducl ihal creales an unreasonable risk oi harm in nnolher person or properly WAC sums-209 Vlolalion of univeraily policy, rule, or regulalion. violalion of any llnivcrsily policy, rule, or regularion published elecirnnically on line unrversily web sire or in hard copy, Specifically, wsus Palicy ills, Pullcy mini/ding Sexual min Sm'lml WAC slums-220 Diacriminalimr. Discriminaeion an lhe basis or race, color, religion, aneerlry, nalronal or ellinic origin, age, gender, marrial slams, veleran scams, sexual urienealion, gender ar menial, physical, sensory disabiluy is ln will. lederal and slale laws, WAC sol-za-zzl Sexual misconduct. (1) Sexual miscondud is any sexual aelrviey wiih another that is unwanled and nonconsensual, Sexual misconducl includes physical coniacl as well as voyeurism. (2) Consenl lo sexual acliviiy requires that, an lhe lime or lhe aci, ihere are actual words or demonslraling ireer given is sexual or passivlly is not conseni Even ii wards or condud alone seem in imply conseni, sexual acriviiy is noncunaensual when la) Force or blackmail is ihrealened or used lo procure compliance wilh lhe sexual ac|ivl|y; or The per-sen is unconscious or physically unable |o conrrnunicale his or her unwillingness to engage in sexual acliyriy; ul' The person lacks lhe menial capacriy ak ihe lime oi ille sexual aciiviry lo be able lo undarsland lhe naiure or consequences of lhe aci, whelher lhai incapaciiy is produced by illness, dereci, ihe nuiuence ufalcuhol or analhe. subslance, or some alher cause, . WAC BDd-Zevflz Harassmenl. Cunducl by any means "is: is severe, pervasive, rir persisrcni, and is oi such a naiure lhal ii would cause a reasonable per-son in rhe viclim-s posuron sulrslanlial emanonal and undermine his or her lo wark, snidy, nr parlieipaie in his or her regular liic or par rsipaie in lhe aclivrues nf ihe 260 Lighly Sludenl Sewlces Building - PO Box 641064 Pullman, WA 991644054 ff. f) '3 509335-4532 Fax 50973354814- landards@wsu.ed wsu.edu .2 university, and actually does cause the victim substantial emotional distress and undermines the vicihn'd ability to work, study, or participate in the victim's regular Iii: activities or participate in the activities at the university. The Conduct Board recorded your plea ofResyalliibl: for violating WAC 504-26412 (Alcohol) but Nat tor each or the other violations charged, At the hearing, the Conduct Board heard sworn testimony trorn Ms Kimberly Andexsun, Director nf WSU's Office (or Equal Opportunity, and irom you. Based on these testimonies, along with the contents of the tile compiled by the oriioe ot student Standards and Accountability, the Conduct Board made the following finds of fact: 0n the evening ot Friday, 25 January 2014, the complainant (M -) was consuming alcohol and playing drinking games with {heads in the residence hall. You joined them some me after 10:30 pm. Wimesses told investigators (mm CEO and the Office at Student Standards and Accountability that the complainant was "highly intoxicated due to his having consumed at large amount ot alcohol, including most ot a bottle at Fireball cinnamon whiskey, which was described as a 'sland'nrd i-iith,' and some amount at vodka, which he also consumed 'siraighl irorn the battle." 'fliexe witnesses also told investigators that the complainant was slurring his speech, having dithculty balancing and was unable to tonn clearsentences. The complainant reported to investigators that his level ot intoxication on a scale from one to ten was a ten. Witnesses gave similar ratings at the complainant's level oi intoxication. You, howeverr rated the complainant's level of intoxication as about a live out at ten. You told investigators that you were so intoxicated that you stumbled and "walked against a wall"; thatyou had consumed a large amount ot ialwhol, that your level at intoxication was an zighi out ot ten and that you lett the drinking game at one point, went to the restroom, and vomited (our times. Witnesses, however, said that although they knew you had consumed alcohol, you did not appear intmtioated. lhe oomplainanrs manory otwhai had taken place that night was, at best, spotty. A lack otclesr memories is in keeping with having been severely intoxicated. On the other hand, you told investigators mall, notwithstanding your reported level of intoxication, you had a "clear memory" ot everything that happened that night. At some point, you led the complainant your roam; the two otyon had sexual contact while in the shower together and again on your bed. Witnesses told investigators that, knowing the level oi the oomplainants intoxication and being concerned tor his well being, they knocked on your door and asked to see him. You rrhised them entry although, when the door was ajar, they did see the oomplainant standing naked in the room, At one point, you leit ihe'wmpluimntalan: in your room and two ot the witnesses imocked on the door and attempted to contact the complainant. Hearing the knock you ran balk to your room telling them, "Dun'! ruin this tar me," The complainant told investigators that atter sexual contact he wanted to leave your room but that you kept urging him to wait. While you were briefly absenttrom your room, are oompiainant ictt your room and went into another smdeut's room where he hid in her closet. You came looking tor him and told a witness that the complainant had tell his Couyr Card in your room. The witness said she would come to get it tor hira, butyou told her that the complainant needed to retrieve his card personally. As it turned out, the complainant did not leave his card in your room (to. you lied to the witness). The ConduclBoaxd reviewed your testimony at the hearing, along with the statements that you and others (including the complainant) provided to the Office for Equal Opportunity and the otrice at Student Standards and Accountability; we also reviewed statements reported by residence hall staff who were contacted by witnesses shortly after the incident. We determined that your testimony was contradicted by witnesses who, although h-iends ot the complainant, told essentially the same story as did the complainant when they were interviewed separately your statements and testimony, on the other hand, were .5 inconsistent with witnesses' statements. Far example, you denied that the complainant showed signs of being seriously intoxicated (which, given the amount at alcohol he had consumed and his slurred speech, etc. seemed selt serving on your part). You said you were highly intoxicated, yet no one else saw signs that you had consumed much alcohol. Finally, the manner in which you told your story-- adding strange details that you had not shared with the OED--made your testimony less credible to us, Based on a preponderance of the evidence, the Conduct Board iound you Responsible tor each at the violations charged. The members oi the Conduct Board judged your behavior toward the complainant to be egregious violations oi the university's Standards of Conduct for Students. You not only engaged in sexual conduct with someone whom you knew, or should have known was not competent to consent to your advances, but you purposetully isolated him from his triends who were concerned about his wellrbeing, When his iriends tried to intervene, you begged them not to "ruin this tor the while not caring about tie consequences tor this young man. your behavior demonstrated to us that you are a danger to other students, Therefore, the Conduct Board assigns the iollowing sanctions: You are expelled tram Washington State University (including its urban campuses and the wsu "Global Campus.") 2. Because you have been tound to be a danger to other students, you are trespassed irom Washington State University until 1 January 2020' Trespass means that your privilege to be on campus, including branch and urban campuses, has been revoked by the University. ltyou are iound on campus in violation oi this sanction, you may be subject to arrest and prosecution tor Criminal 'h'espass under RCW 9A52.07U or 9A.52.utio. it you have a legitimate business need to be on the Washington State University campus, you must be escorted by an with Washington State University, and arrangements must be made prior to entering campus, This means you must make arrangements with either the Dean oi Students (509 535-6757) or wsu Police (509 33543545) before coming on wsu property tor any reason. 3, Your Cougar Card privileges are rescinded. Any cash balance on your card will be retunded by cheque attcr all university debts are satisfied. 4. Your Washington Sfabe University email account is cancelled' These sanclinns will take died at the occurrence of either a final order issued by an appeal board (should you decide to appeal) or at the expiration oi the time for filing an appeal. You have the right to appeal the decision in this case and/or the sanctions, If you choose to appeal, you must do so in writing (stating the grounds and arguments) to the oitice of Student Standards and Accountability, within twenty-one days of the date oi this letter. it you choose not to appeal, this decision becomes final, The tollowing are grounds tor appeal: Whether the university conduct board hearing was oonducted iairly in light ot the charges and intonnation presented, and in contormity with prescribed procedures giving the complaining party areasonabie opportunity to prepare and to present intormation thatthe standards oiconduettor students were violated and giving the accused student a reasonable opportunity to prepare and to presenta response to those allegation: Deviations troin designated prooedures are nota basis ior sustaining an appeal unless significant prejudice results. 00922i9 Whether the clecisian reached iegarding the accused was based on tniottn an, that is, whether there were [acts tn the ease that, it believed by the fact linder, wete sttiitctent to establish that a violation at the standards at conduct torstutienis occurred, Whether the sanctionts) imposed were appropriate for the violation ot the standards of conduct for students which the student was found to have committed. New iniormation, sumcient to alter a decision, or other relevant facts not brought out in the uriglnal hearing, because such intorrnation and/or (ads were not known to the person appealing ai the time ot ihc original student conduct board heartng. lt you choose to appeal the decisions or the sanctions of the University Conduct Board, the burden ct proot shifts [tom the University to you. The appeal process is a review by the University Appeals Board of the record or the hearing plus the letter at appeal, including any written argument(s) submitted by you, and new evnlence iI that is the ground tor appeal. it is not a new hearing. You can submit your appeal at stanriattistustaunt/appeal. Sincerely, Lisa J, McIntyre Chair, University Conduct Board C: Adam Jussei, Directnr, Office of Student Standards and Accountability @Mi't'l'w Sl'A'l gumw 29 August 2014 via us Matt and Email Dea- On 20 August 2014, the Washington State University Conduct board was convened to hear charges that you had violated provisions oi the University's Slandavds ofCoiltiurlfol' Students. The hearing was originally scheduled ior sn July 2014 but, at your request, was postponed until 20 August 2014. You were present at the hearing, along with your advisor, Ms. Mel Morgan tram the cities of the Dean 01 Students. You were charged wi|h Violating the tollowing standards: WAC 504-26-212 Alcnhol. Use, possession, manutacture, or distribution oi alcoholic beverages texcept as expressly permitted by university regulations), or public intoxication are prohibited. Alcoholic beverages may not, in any circumstance, be used by, possessed by, or distributed to any person under years oi age WAC sumo-2M Abuse oi seli or others. Physical abuse, threats, intimidation, and/or other conduct which threatens or endangers the health or saiety oi any person, including une's seli. WAC 504-25-224 ttectrless endangerment. Engaging in conduct that creates an unreasonable oi harm to another person or property. WAC 504-25-an Violation oi university policy, rule, or regulation. violation oi any university policy, rule, or regulation published electronically on the university web site or in hard copy. wsu's Exttimvc Policy tis, policy Prohibiting Scxiiol Hamssineiit, and Sunni Misconduct. WAC sumo-m Discrimination. Discrimination on the basis oi race, color, religion, ancestry, national or ethnic origin, age, gender, marital status, veteran status, sexual orientation, gender identity, or mental, physical, sensory disability is prohibited in coniormity with iederal and state laws. WAC suit-25421 Sexual misconduct, (1) Sexual misconduct is any sexual activity with another that is unwanted and Sexual misconduct includes physical contact as well as voyeurism (2) Consent to sexual activity requires that, at the time oi the act, there are actual words or conduct demonstrating treely given agreement to sexual or passivity is not consent. Even it words or conduct alone seem to imply consent, sexual activity is noncunsensual when: Force or blackmail is threatened or used to procure compliance with the sexual activity; or The person is unconscious or physically unable to communicate his or her unwillingness to engage in sexual activity, or The person lacks the mental capacity at the time oi the sexual act ity to be able to understand the nature or consequences oi the act, whether that incapacity is produced by illness, detect, the influence at alcohol or another substance, or some other cause. . WAC sat-16422 Harassment. Conduct by any means that is severe, pervasive, or persistent, and is oi such a nature that it would cause a reasonable person the victim's position substantial emotional distress and undermine his or her ability to wurk, study, or participate in his or her regular lite activities or participate in the activities oi the 260 student Services Building - PO Box 641064 . Pullman, WA 99164-1054 50943514532 Fax 509-335-4514 gdu standards wsuodu university, and actually does cause the victim substantial emotional distress and undermines victim's ability to work, study, or participate in the victim's regular lite activities or parricipate in the activities at the university. The Clmducl Board recorded your plea of Responsible for Violating WAC 504-26-212 (Alcohol) but Nut Responsible tor each oi the other violations charged, At the hearing, the Conduct Board heard sworn testimony trom Ms Kimberly Anderson, Director of wsus Office for Equal Opportunity, and from you. Based on these testimonies, along with the contents oi the tile oompiled by the Office oi student Standards and Accountability, the Conduct Board made the fallowing iincts oi fact: On the evening at induy, 25 January 2014, the oomplainant ms consuming alcohol and playing drinking games with triends in the residence hall. You joined them some time alter luau pm. Witnesses told investigators trorn GED and the Oil-ice oi Student Standards and Accountability that the complainantwae "highly intoxicated due tohis having consumed a large amount oi alcohol, including most ot a bottle at Fireball cinnamon whiskey, which was described as a 'siand'axd only and some amount at vodka, which he alao consumed 'straight item the bottle." these witnesses also told investigators that the complainant was slurring his speech, having diirtculty balancing and was unable to form clear sentences, The complainant reported to investigators that his level oi intoxication on a scale from one to ten was a ten Witnesses We similar ratings oi the complainants level ot intoxication. You, however, rated the oomplainant'a level oi intoxication as about a iive out oi ten. You told investigators that you were so intoxicated that you stumbled and ~walked againsta wall"; that you had consumed a large amount oi alcohol, that your level oi intoxication was an eight out oi ten and that you leit drinlcing game atone point, went to the restroom and vomited tour times. Witnesses, however, said thatalthough they knew you had consumed alcohol, you did not appear intoxicated. The complainants memory at what had taken place that night was, at best spotty. Alack utetear memories is in keeping with having been severely intoxicated, On the other hand, you told investigators that, notwithstanding your reported level oi intoxication, you had a "dear memory' ot everything that happened that night. Al some point you led the complainant to your room; the two ct you had sandal contact while in the shower together and again onyour bed. Witnesses told invesfiphaxs that, knowing the level ot the complainant's ituoxican'on and being oonrerned tor his well being they knocked on your door and asked to see him. You reinsed them entry although when the door was aiar, they did see the complainant standing naked in the room. At one point, you leit the complainant alone in your room and two oi the witnesses knocked on the door and attempted to oontact the complainant. Hearing the knock, you ran back to your room telling them, "Don't mill this tot me." The complainant told investigators that alter sexual contact he wanted to leave your room but that you kept urging him to wait While you were brieily absent horn your room, the complainant lett your room and wentinto another students room where he hid inner closet. Ynu name looking tor him and told a witness that the oomplainant had lelthis Cougar Card in your room. The wink-s said she would come to getit torhim, but you told her that the complainant needed to retrieve his card personally. As it turned out the complainant did not leave his card in your room (ie, you lied to the witness). The Conduct Board reviewed your testimony at the hearing along with the statements that you and others (including the complainant) provided to the Oilice tor Equal Opportunity and the office of Student Standards and Accountability; we also reviewed statements reported by residence hall staff who were contacted by witnesses shortly otter the incident. We determined that your testimony was contradicted by witnesses who, although iriends oi the complainant told essentially the same stmy as did the complainant when they were interviewed separately. Your statements and testimony, on the other hand, were I 3 inconsistent with witnesses statements. For example, you denied that the complainant showed signs of being seriously intoxicated (which given the amount of alcohol he had consumed and his slurred speech, etc. seemed selt serving on your part). You said you were highly intoxicated, yet no one else saw signs that you had consumed much alcohol Finally, the manner in which you told your story--adding strange details that you had not shared with the CEO--made your testimony less credible to us. Based on a preponderanioe oi the evidence, the Conduct Board faund you Responsiblc for each of the violations charged. The members oi the Conduct Board judged your behavior toward the complainant to be egregious violations of the university's SM/idmds 17f Condiictfor Students, You not only engaged in sexual conduct with someone whom you knew, or should have known, was not competent to consent to your advances, but you purposeiully isolated him irom his friends who were concerned about his well-being. When his itiends tried to intervene, you begged them not to "ruin this for meuall the while not caring about the consequences for this young man. You: behavior demonstrated to us that you are a danger to other students. Thereiore, the Conduct Board assigns the iollowing sanctions: 1. You are expelled irom Washington State University (including its urban campuses and the wsu "Global Campus") 2. Because you have been found to be a danger to other students, you are trespassed from Washington State University until 1 January 2020. Trespass means that your privilege to be on campus, including branch and urban campuses, has been revoked by the University. If you are iound on campus in violation of this sanction, you may be subject to arrest and prosecution for Criminal Trespass under RCW 9A.52.070 or 9Ar52.abo. it you have a legitimate business need to be on the Washington State University campus, you must be escorted by an otticial with Washington State University, and arrangements must be made prior to entering campus. This means you must make arrangements with either the Dean of Students (509 335-5757) or wsu Police (509 335-3543) betore coming on wsu property tor any reason. 3. Your Cougar Card privileges are rescinded. Arty cash balance on your card will be reiunded by cheque attet all university debts are satistied. 4. Your Washington State University email account is cancelled. These sanctions will take effect at the occurrence of either a final order issued by an appeal board (should you decide to appeal) or at the expiration of the time tor tiling an appeal. You have the right to appeal the decision in this case and/or the sanctions. it you choose to appeal, you must do so in writing (stating the grounds and arguments) to the Office oi Student Standards and Accountability, within twenty-one days at the date at this letter. it you choose not to appeal, this decision becomes final, The tollowing are grounds tor appeal: Whether the university conduct board hearing was conducted tairly in light of the charges and intormation presented, and in contormity with prescribed procedures giving the complaining party a reasonable opportunity to prepare and to present iniormation that the standards oi conduct tor students were violated and giving the accused student a reasonable opportunity to prepare and to present a response to those allegations, Deviations from designated procedures are not a basis tor sustaining an appeal unlfis prejudice results. 00-32" Whether the decision reached regarding ihe accused student was based on substaniiai ihat is, wheiher there were [ads in the use tlmt, it believed by lhe iaci tinder, were sufficient in establish that a violaiion ot ihe standards oI conduct for studenis occurred. Wheihor the sanctian(s) imposed were appropriate ior the violation oi ihe sianriards nt conduct tor snidenis which the student was tound is have (51) New iniorrnalion, suilicieni to alter a riecision, or other relevant tacts not brought am in the original hearing, because such inionnation and/or tacis were not known to the person appealing at the time at ihe original student conduc buaxd hearing, it you choose o appeal the decisions or the sanctions of ihe University Conduct Board, the burden of proot shiits trorn the University to you. The appeal process is a review by the University Appeals Board oi the record of the hearing plus the leiter of appeal, including any written argumentis) submitled by you, and new evidence it ihat is the ground tor appeal. it is not a new hearing, You can submit your appeal at Sincerely, Lisa J. McIntyre Chair, univeisity Conduct Board cc Adam Jussel, Director, Office of Student Standards and Accountability 9fi3?' CONDUCT BOARD HEARING 20 AUGUST 2014 These records are protected by the Family Educational Rights and Privacy Act (FERPA) (20 U.S. Ci 1232g: 34 CFR Part 99). Records are provided under the exception to the Act found in Section 9931. These records must be maintained confidentially and may not be redisclosed. They must be destroyed when your legitimate educational interest no longer exists. Please return this file to the Office of Student Standards and Accountability. 00%214 UNIVERSITY CONDUCT BOARD HEARING CHECKLIST Name anczused -- \Vaslungmn Smut Umvexsny, omce of sunlen. Standards and ALLuumabIlIry Dam and Tune or 20 Augusv 20H 5 30pm Inzauon or I kanns. anch 134 7 Office of lhe otSludcms lmmducnon oI complamnlu, olhun p1:sem,lmd Board members Board Members - Actust LIled-"ym . 5mm" Concem Fneuhy Mumn Fatally Mann Icvlews purpos: or hmung and ofcomlucr places: swam Chm: Aewews pInccdutc or due Snnlunl - Hearings mcoxded - Conduct sums we WSU/Complainnm Wimesm - \vaesses on: a me K'm "damn - Accuscd and [hen 0m: 2" hme - Band membus my ask qucsnuns nl any me If has quesuons, he 0| she can \vnln mm question that will help elm. whelhe. ls I w' - chucfi um \vIInL'bEus and accusud mum ulml ConducI Bomd has no 4/ c" mm" ("film qucsuons - Noufiwuon oi dmslon by mall \thIn 10 calcndaz days . Bonzd [mull unless appcalxs 21 days I nducl 0mm wads lhe 211(ng Vlulauuns and Board asks accuscd to respond 0 l. on: n: follm WAC Am Reiparni 11: Not Re-pnnlibl: 504725.212 Alcalml 504720204 Abuse or selfand others Sammie. Reckless 50425209 Vlolauon or pthy, mle, or xegulzuon 504725.220 sm'zaezzl 504726122 Ionduc: slnles case. [y Swear ln {or .he In (one al a me) . Idcnufy {at me xccozd Ind accuscd smdenr mswear In: Accused snidenl accuud gxoup smles use Swen In Accused student's group's wnnecses (out urnc) 5- H7 mum/I we WM 9 onducr officers summauon, my make 6' \ccuscd summauon Addtus 52nd lcnu In com fiumd chau dJscusscs of process - to send dccluon lenee, .n appenl fill/"WW . All mq" Bond "when [m dehbmuon [In] lulu/wiggml .4111"!!qu flux: pm" We [ml/L ul/m/t 1mm, ammo/"g pm 1mm Delibernfinn in cloied union Ruponsibl: No: Responsibk grim supporting DDKIEImmauon I): "unused, sancuuns hue: aO>> 3E. rim flaw 30> mam F. mxuaw 85 5:8 DU 9 Bow ma cowsgfil 29923 rcmo m; cm 9.inqu 2 292m Mmcomeam 18.. :6 9 Esau m5 uczou mzm: mm; N. cmmAN: Conduct.Front.Desk rromz -- Sent: Monday, Augusk 18, 2014 11:44 AM Tn: Jussel, Adam Attachments: phmo photo 2.PNG: phmu ATTODUOSIXE photo "we; Adam, here are more textsto verify my story as to what happened on the night in quesliun' I'll be sending another email in a moment in regards to text messages the complainant suggests I sent. 000% 11:44 AM .23% Messages (2) - Contact Did you go to on Friday? I don't have - Oh is it t? The one with the blonde lady I managed to sprain my knee on Saturday You just missed a quiz too "mo LTD 11:44 AM .23% SW Messages (2) - Contact Did you go to on Friday? ldon't have- Oh is it The one with the blonde lady I managed to sprain my knee on Saturday You just missed a quiz too @0993) UNIVERSITY CONDUCT BOARD HEARING CHECKLIST -- Convener. State University, Office oi and Accoumxbilily Date. Tune 20 August 2014 at 5:30pm London of Planing Freud! 134 Office of she Dean oi Students oreomplninanl, odlm psesens, and Board membexs. Bonsd Membess - Accused ssudensidsnsifies himself/herself. Lisa Chak - (sansetlfl pseully Duv- Mums. Facul Dchaix slew-laws purpos: onlse hudng ofconduct process at: mended fl ,7 7 - Conducl olfices states use Wimcsses - Umvezsity/complimzm one :11 me Kim Andaman - Accused wnnesses, and usen accused, one as lime - Baud membess my questions ns sny dine - IE has qucsfions, he she cm wsdse answes to quesdon slim will Bond chair delta-nine whethell lewznr - Request seeused remaln unsil the Conduct Hoaxd has no {muses quesn'ons Nodlienion of decision . by mail wulsin 10 eslendns days - Hoald dedsien is final unless appenlis filed within 21 days DConduCt omdes sesds she slleged vlolauons Bound asks neeused Lo sespand . WAC Acts DI MisConduck Responxible Not Responsible i' 50446-212 Alcohol 50426-204 Abuse of self and olhcu sous-m Reelsless 504-25409 Violm'on afunivcxsity policy. rule, or segulnlon sums-220 and 504-26221 Sexual lVIlscl-lnduct 50425222 1 WW DConducL officer ewes csse. DSwess in. wslnesses for (he (one ss lime) - Identify dsemselves for the ses sud nndidennfi, accused snidenl D5wess In: Accused smdens or accused group smes csse USwux In: Accused student's ox (one a a lime) 5-10 we. Respondem Winesses Wm DConducs offlcu's sums-sen, my Dneensed smdent's smmen'on UBoaxd elssis discusses semaindes ofprus - Addless in send decision Inter, will ducl-ibe tight to nppesl Dayan am; m-qfim, universe/1419 - All dismissed an:sz fat delibemiun l/mr rise rerun/WW dud/gm: in Illa/lb: DAdjo-sm bunng poxdon we Ind/r. w/la/e 1mm, and Hal/mg bus the my? Dellbenm'nnis- closed scssinn Reayonsiblc No: Responsible DDelemil-lntlon or rm sinuning sesponsilsillsy. to h: imposed. List uncfions here: Jussel, Adam From: Jussel, Adam 5 Sent: Monday, August 11, 2014 PM T0: -- Subject: wsu Conduct Board Hearing Anachmenls: 201408111357pdf Attached is a notice of your conduct board hearing 01120 August 2014 beginning at 5:30 pm Please note that the language in all: chargss (Attachment A) The Standards of Osnduct for Studean wens amended this summcreffecliv: earlyluna. The land had previously sent you had the new Ianguag: listed in the charges. However, because the alkged incident occurred in We at: uslag alle old velslon om: Standards of Conduct. w: have not addsd anyaddin'onal charges, just changod daa language to the old version of the Standards of Comma that was la January 2014. Plus: let me know ll you have any questions. Bast, Adamjussel Director, Studan Standards and Accountability Washington State University adamsuasemmuoda I 509.335.9745 Icondummsuxdu (D STAT fig UNIVERSITY arm 0! Student Standards and Acinnulamlliy ll Augnsi 2014 By use Min and Emmi Ms. 11E:Norict of Conduct Bound Hearing Deni- This lenee is your emeinl nollee ehni you hnve a hearing heinee Illc University Conduct Board beginning at 5:30 pen, on 20 August 2014 in French 134 -- the been orliee. will CnuLilillc nniil [he Conduct Bond munbnl's are satisfied with their leview oreelevinlinieimneion, You being charged with violating lhe listed in Attachment A. The behavior and ineielenis that will b: befnrc |he Conduct Bonn nee dcsci'ibnd the Waishinglon Slate Univeisny orliee fox Eqnnl onpnininicy (0E0) dnled Bjuly 2014. You liav: also received copy er |his inemoennelnni. The behavior :lndi'ncidcms in th: 0E0 lnveuignlive ii line, Coihzumtc violations of (he Wnshingtun snee University Sundaxds of Conduct Eur seidnns, lryon nil in nppene in Lhe hearing it may proceed in your absence and decision will he made on responsibility and ifappmpi'mte. The information being i-cvizwcd in the Conduct Emmi hearing includes llie following. 1. Documents submitted by yourself, irnnv. Documenls suhmhtul by wsu' ornee (>fStudclir Slaudnxd: and mcluding the 0120 investigative mnmci'alldunL 3. 'X'imess statcnicnls. irnny. The following individuals :u'c cnnenilv planning on testifying the Cunduct 50ml 1. Kim Anderson, Director Director Aileen-en wiil pun/id: 1mm Even/lie My #15, fill: my J'lwliilmi'lg Danni/nan", sim/ Helm/mt. uudifix infolmau'on during juinl with SSA eegniding {he above in vile ii will he witnesses 01 mniennl lo (11: Blind other than those listed Above>> 1 will pwvidc you with nnliee ornnd access (hatinfolimuon an inn Lhan cloxe oi business two days before the hearing You may have called on your behalf. If you hnve winleesee, you must inlenn my mm of their telephone nunlhm, nnel ptovidc tlieh'wxilten eniemenls, if they lnve no! nh'cldy plovided one, in our olfice no later (him clnse of business two days berm the hearing. You: must submiterth svnveinenle in for rile Boilzd [0 review, Witnesses will not be allowed to spank (a the Board unless lhey enlenieln heroin lhe healing You me for inlneniing your witnesses of the Lime, date and leennon or lhe heaving, in Bax ammo" 5094354512 Fax: 5094354814 - ilannemewsuedu (xi You will be asked to provide information to the Board. Under the Standards of Conduct, you have the right to remain silent when charged with any act that may be a violation of criminal law, but if you choose to do so at the Board hearing, you give up your opportunity to explain your version of the events. An advisor of your choice may accompany you to this hearing. If you do not have one and would like to be in contact with one, please call Mel Morgan in the Dean of Students Of?ce at 509?335?5757. The advisor may provide advice and consultation to you in advance of the scheduled hearing. Your advisor may not address the Conduct Board, conduct of?cer, or any witnesses during the conduct hearing. If you are found responsible for violating the Standards of Conduct, the Board has the authority to impose sanctions, which may include suspension or expulsion from the University. You are responsible for reviewing and understanding all of the Standards of Conduct, including the provisions discussing the Conduct Board hearing process, which are described in WAC 50426-4033 and available online at standards.wsu.edu. In order to prepare for the hearing you may wish to review the contents of your student conduct ?le. Please call 509635-4532 to arrange a time to do so. Please contact me if you have questions. Sincerely, Adam] 1 Director, ice of Student Standards 8: Accountability Enclosures Int-A. ilk? am Standards Being Charged WAC 504?215-212 Alcohol. Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by university regulations), or public intoxication are prohibited. Alcoholic beverages may not, in any circumstance, be used by, possessed by, or distributed to any person under twenty?one years of age. WAC 50446-204 Abuse of self and others. Physical abuse, threats, intimidation, andf or other conduct which threatens or endangers the health or safety of any person, including one?s self. WAC 504-26-224 Reckless Endangerment. Engaging in conduct that creates an unreasonable risk of harm to another person or property. WAC 504-26?209 Violation of university policy, rule, or regulation. Violation of any university policy, rule or regulation published electronically on the university website or in hard copy. Speci?ed! Emailing Pofigy #15, Puffy Pmbz'bifz'ig Dominance?, Sexual Harassment, and extra! a'rraadm'r. WAC 504-26-220 Discrimination. Discrimination on the basis of race, color, religion, ancestry, national or ethnic origin, age, gender, marital status, veteran status, sexual orientation, gender identity, or mental, physical, or sensory disability is prohibited in conformity with federal and state law. WAC 504-265-221 Sexual misconduct. (1) Sexual misconduct is any sexual activity with another that is unwanted and nonconsensual. Sexual misconduct includes physical contact as well as voyeurism. (2) Consent to sexual activity requirss that, at the time of the act, there are actual words or conduct demonstrating freely given agreement to sexual or passivity is not consent. Even if words or conduct alone seem to imply consent, sexual activity is nonconsensual when: Force or blackmail is threatened or used to procure compliance with the sexual activity; or The person is unconscious or physically unable to communicate his or her unwillingness to engage in sexual activity; or The person laclts the mental capacity at the time of the sexual activity to be able to understand the nature or consequences of the act, whether that incapacity is produced by illness, defect, the in?uence of alcohol or another substance, or some other cause. (3) A person commits voyeurism if, for the purpose of arousing or gratifying the sexual desire of any person, he or she knowingly views, photographs, or ?lms another person, without that person's knowledge and consent, while the person being viewed, photographed, or filmed is in a place where he or she has a reasonable exp ectation of privacy. WAC 504-26?222 Harassment. Conduct by any means that is severe, pervasive, or persistent, and is of such a nature that it would cause a reasonable person in the victim's position substantial emotional distress and undermine his or her ability to work, study, or participate in his or her regular life activities or participate in the activities of the university, and actually does cause the victim substantial emotional distress and undermines the victim's ability to work, study, or participate in the victim's regular life activities or participate in the activities of the university. Per WAC 50446-301, if you are found responsible for violating any of the above-listed Standards as a result of causing injury to another, and if you are found to have intentionally selected the victim based on your perception of the victim?s gender, that ?nding is an aggravating factor in determining the sanction for the conduct. assess WASHINGTON STATE UNIVERSITY write or Student Standards and Accountability ByU-S-mem-- RE: Notice of ConducL Board Healing Dem- -, This lettei- is yout ofl'lcial notice that you httve a hearing hetote the Univetsity Conduct Bontd beginning at 5:30 pen. on 20 August 2014 in Fteneh 134 -- the Dean nmedents Office, and will col'lLinue until the Conduct Boned membtis ti-e satisfied with theit review afrelcvant You tie being chung with violating the Standards listed in Attaahment A The hehnviot and incidents that will be before the Conduct Booed nte in the Washington State. tlnivetsity Office for Equnl Opportunity (0150) memeiendutn deted 23 july 2014. You have like copy of this The behavior and incident.- desenhed in the CEO invzsu'gndve memomndum, if ttue, constitute violations of the Washington State Univetsity of Conduet fol' Students. If you {all to appem' st the heating. it nny proceed in yDul absence and dedsion will be made on responsibility md if The l'nfmmadon being twicwed in Conduct Bond hugging includes the following; 1. Docummts submitted by youxself, if any. 2 Documents submitted by Office omedcnt and including the CEO investigative 3. Wltness statements, if my. The following individuals see tun-entiy planning on testifying befozc the Conduct Board: 1s Kim Anderson, Director of OEO Dimch Anderson will provide testimony regarding Ext/Milt: Ply/[g #15, t/u Pally th'bili/Ig Dllm'rm'uariw, Jamal Hymn-mill, mm' and lnfol'maLlol-t teceived during OEO's joint investigation with the incidents desetihed abovc in die mashed documents. lr tleete will he additional witnesses or edditionel ninethl ptesented to the Bond othet than those listed above, I will ptovide yuu with notice cfand access to that no htee- than dose uf business two deys hetote mt: hearing. Yon may have witnesses called on yout behelt. If you hive witnesses, you inustinronn my office ottheh- names, nddtesses, and telephone end ptovide theit weltten sniements, if they hm not elmdy ptovided am, to out ufflc: no intet than close or business two before the heating, Your witnesses must submit mitten statemenm in advance fox dteBmld to xeviciv, Witnesses will not be ullowcd to Speak to the Board unless they provide a statement heroie the heating, You see tesponsihle tot lntotining yout witnesses of the time, date and letndon of the heettng. PO Box 541054, Pullman, WA 991544 list 0 0 5.) it I You will be asked to provide information to the Board. Under the Standards of Conduct, you have the right to remain silent when charged with any act that may be a violation of criminal law, but if you choose to do so at the Board hearing, you give up your opportunity to explain your version of the events. An advisor of your choice may accompany you to this hearing. If you do not have one and would like to be in contact with one, please call Mel Morgan in the Dean of Students Of?ce at 509?335-5757. The advisor may-provide advice and consultation to you in advance of the scheduled hearing. Your advisor may not address the Conduct Board, conduct of?cer, or any witnesses during the conduct hearing. If you are found responsible for violating the Standards of Conduct, the Board has the authority to impose sanctions, which may include suspension or expulsion from the University. You are responsible for reviewing and understanding all of the Standards of Conduct, including the provisions discussing the Conduct Board hearing process, which are described in WAC 504?216-403 and available online at In order to prepare for the hearing you may wish to review the contents of your student conduct ?le. Please call 509635?4532 to arrange a time to do so. Please contact me if you have questions. Sincerely, 4t Adam I 1 Director, ice of Snident Standards 8: Accountability Enclosures ~13 23-39 12:23 . ?an? Attachment A Standards Being Charged WAC 504?26?212 Alcohol. Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by university regulations), or public intoxication are prohibited. Alcoholic beverages may not, in any cucumstance, be used by, possessed by, or distributed to any person under twentyuone years of age. WAC 504??26?204 Abuse of self and others. Physical abuse, threats, intimidation, and/ or other conduct which threatens or endangers the health or safety of any person, including one?s self. WAC 504?26?224 Reckless Endangerment. Engaging in conduct that creates an unreasonable risk of harm to another person or property. WAC 504-126?209 Violation of university policy, rule, or regulation. Violation of any university policy, rule or regulation published electronically on the university website or in hard copy. Spei?iul! Examine 75, the PaZz'gy Dira?za'mimtz?aa, exact! armament, and Semen! Mirroadzm?. WAC 504?26-220 Discrimination. Discrimination on the basis of race, color, religion, ancestry, national or ethnic origin, age, gender, marital status, veteran status, sexual orientation, gender identity, or mental, physical, or sensory disability is prohibited in conformity with federal and state law. WAC 504-126-221 Sexual miscionduct. (1) Sexual misconduct is any sexual activity with another that is unwanted and nonconsensual. Sexual misconduct includes physical contact as well as voyeurism. (2) Consent to sexual activity requires that, at the time of the act, there are actual words or conduct demonstrating freely given agreement to sexual activity?silence or passivity is not consent. Even if words or conduct alone seem to imply consent, sexual activity is nonconsensual when: Force or blackmail is threatened or used to procure compliance midi the sexual activity; or The person is unconscious or physically unable to conununicate his or her unwillingness to engage in sexual activity; or The person lacks the mental capacity at the time of the sexual activity to be able to understand the nature or consequences of the act, whether that incapacity is produced by illness, defect, the influence of alcohol or another substance, or some other cause. (3) A person commits voyeurism if, for the purpose of arousing or gratifying the sexual desire of any person, he or she lmowingly views, photographs, or films another person, without that person's knowledge and consent, while the person being viewed, photographed, or filmed is in a place where he or she has a reasonable expectation of privacy. WAC 50426?222 Harassment. Conduct by any means that is severe, pervasive, or persistent, and is of such a nature that it?would cause a reasonable person in the victim's position substantial emotional distress and undermine his or her ability to work, study, or participate in his or her regular life activities or participate in the activities of the university, and actually does cause the victim substantial emotional distress and undermines the victinfs ability to work, study, or participate in the victim's regular life activities or participate in the activities of the university. Per WAC 50426-301, if you are found responsible for violating any of the above?listed Standards as a result of causing injury to another, and if you are found to have intentionally selected the victim based on your perception of the victim?s gender, that ?nding is an aggravating factor in determining the sanction for the conduct. Jussel. Adam From: Adam Flida ,Jul 254 2014 5257 PM Subject: RE: Request for continuance Ye; You can access a redacted copy of your conduct file by comam'ng my office at 509/355-4532 to an appuimment to review it. Please know um it takes us a few days to redact the file, so early notice would be helpful. Adamescl Diredar, Sum and/1 mummy Washington State Univcxsity 509--335~9745 \conducrwsuedu From: sent: Fnday, July 25, 2014 1 To: Ju5se}, Adam Subject: E: Request for continuance AM Thank you for the update, Adam. I was wondering if I could receive access to my conduct file? Thank you, -- Sent using OWA for iPhcne Sent rub Subiect: RE: continuance Your mquesr for continuance has been gmnted by the Board Chair. Your hearing will be held on 20 August zou begiunhzg at 5:30 pm. Mm}; 154' Please In me lmowif you have any questions or concerns. Adam Jusscl 1 new, SW 5mm MA Whlfiy Washington 5m University adumfusse @wsu'edu 5094359745 From: Sent: Thursday, July 24, 2014 3:00 PM To: Jusse}, Adam Subject: Request for continuance To whom it may concern, I would like to request a continuanoe for the conduct board hearing curreme scheduled for July 30th at 5:30 PM I am requesting this because my wisdom teeth wexe removed today(July 3 nu. 24th) and clue to the recovery time, i ,.ould not be able to attend the hearing ix. persons While the school has agreed to let me participate via phone, I would prefer to attend in person as the investigation leading to the hearing was both long and confusing--not only to me, but those investigating it. I would feel more comfortable being able to defend myself and present my case in person. I would also like to request that the hearing take place during week or Welcome(week of August 18th) but would gladly accept any continuance allowing me to physically be present. As I stated before, because my of surgery and recovery lime, there is no way that I can physically be present for my board hearing. Presenting myself in person to the board feels important to me because those on it can see my honest reactions, and it would also allow me to be accompanied by an advisor provided from the school. Thank you for your consideration,-- Sent using OWA for iPhone 2 @0039" Jussel, Adam From: Jussel. Adam Sent: Frida Jul 25 2014 10:35 AM Subject: RE: Request for continuance Your request for continuance has been glanced bythe Board Chair. Your hearing will be held on 20 August 2014 beginning a! 5:30 pm in Freud: 134. Please me knowlf you have any questions orconcems. Adm Jussel Dom, 5m Slander/ti MA Washington Sm University adun.1use@wsn.cdu 509-335-9745 [conductwsuedu From: Sent: Thursday, July 24, 2014 To: Jussel, Adam Subject: Request for continuance To whom it may concern, I would like to request a continuance for the conduct board hearing currently scheduled for July 30th at 5:30 PM. I am requesting this because my wisdom teeth were removed today(July 24th) and due to the recovery time, I would not be able to attend the hearing in person, While the school has agreed to let me participate via phone, I would prefer to attend in person as the investigation leading to the hearing was both long and confusing-not only to me, but those investigating it. I would feel more comfortable being able to defend myself and present my case in person. I would also like to request that the hearing take place during week or welcomc(week ofAugust 18th) but would gladly accept any continuance allowing me to physically be present. As I stated before, because my of surgery and recovery time, there is no way that I can physically be present for my board hearing, Presenting myself in person to the board feels important to me because those on it can see my honest reactions, and it would also allow me to be accompanied by an advisor provided from the school. Thank you for your consideration,-- Sent using OWA for iPhone 1 Jussell Adam Fm . Jussel, Adam 5 Sent: Sunday, My 27, 2014 2:13 PM Tu: Subject: RE: Board Meeting 1m: for your information, the Board will be hearing mattar on 20 August 2014, not 30 July 2014. Please let me knowif you have anyquestlonsn Director, Student Standards and Aocounmbifily Washington State Univelsiry 509435-9745 Iconductmsuxdu umonginnl Message-Conduct.Front.Deslr From: Anderson, Kimberly Sent: Wednesda Jul 23, 2014 4:47 PM To: Cc: Jussel. Adam Subject: wsu Office for Equal Opportunity 2014-018 Attachments: Pullman - Student RP.pdf; EP 15 2014,pdf', 20140723163338213Vpdf Dear Ms. -: Attached is a Copy ofthis office's investigaflve memorandum to Mr. Adam ussel, Director, Office of Student Standards and Accountability (SSA), in the matter involving you. All student names, including your own, were redacted to protect student privacy. Student A also will receive a copy of this memorandum. I anticipate that someone from SSA will Contact you regarding any additional steps SSA may take in this matter. Please know that the provisions ofwhich you were informed in the notification letter from this office dated January 31, 2014, remain effective. You are prohibited from engaging in any form of retaliation against Student A or any other person participating in, or Whom you believe has participated in this investigation. As we have informed all participants in this investigation, you should not attempt to influence potential witnesses or alter or destroy any records related to the events referenced in this memorandum; your discussing this memorandum or this investigation with Student A or other witnesses could be construed as attempting to influence witnesses. Please also find the attached list of resources that may be available to you. Please Contact me if you have any questions. Kimberly D. Anderson, Director Office for Equal Opportunity Title IX Coordinator Washington State University Phone: 509--335-8288 Fax: 5093356483 1 000111154 uctfrout?esk From: Anderson, Kimberly Sent: Wednesday. July 23, 2014 4:47 PM To: - .. - Cc: iussel, Adam 8 Subject: WSU Office for Equal Opportunity 2014?018 Attachments: Pullman Student CP 20140723163338213.pdf Dear Mr. E: Attached is a copy of this of?ce?s investigative memorandum to Mr. Adam Jussel, Director, Of?ce of Student Standards and Accountability (SSA), in the matter involving you. All student names, including your own, were redacted to protect student privacy. The other student involved will also receive a copy of this memorandum. I anticipate that someone from SSA will contact you regarding any additional steps SSA may take regarding this matter. Please also ?nd the attached list of resources that may be available to you. Please contact me if you have any questions. I Kimberly D. Anderson, Director Of?ce for Equal Opportunity Title IX Coordinator Washington State University Phone: 509?335-8288 Fax: 509-335-5483 l?L (?.233 ?3:3 Ema. ?if? a; Conduct.Fronl. Desk Frum: Sent: Wednesday, July 23, 2014 5:05 PM To: Jussel, Adam Subject: Board Meeting Dear Mr. Jussel, Thank you for Iemng me know the time ofthe Board meeting. I just want to let you knuw that 1 do not wish to participate any further in the investigation. ljust want to move past what happened and focus on staning fresh this fall semester. Ijust have one question though, is there anyway the university can get t! to where -5 Can't contact me or be around me after the investigation? Thank your GM "(2.961 From: Sam: Wednesday, July 23, 2014 .12 PM To: Jussel, Adam a Subject: RE: wsu Conduct Board Hearing WASHINGTON STATE 'BmeEoi Student Standards and Acmunlability 231u1y2014 RE: Nndc: of Conduct Boatd Hearing Dm-- This leites is yout- omeial notice that you have a beating beiote the Univeisity Conduct Boazd beginning at 5:30 p.m. nit 30 July 2014 in Punch 13-: -- the Deni. oiSiudents Office, and will eonbnue until the Coitdutt Boaiti membets al-e satisfied with ilieii ieyiew ntieieyant inrotmntion. The bdtayiot and ineidenia thatwiil be eonsideled by the Conduet Bend ate desetibed in the Washington State Unlyeisity Office for Equal Oppot-tunaty (0E0) memoiandum dated 23 July 2014' You have also assayed a copy of this Based on the DEC memeianduni, you are being chaxged with violating the Standards of Conduct listed in Attachment A Ifyou rail to appear at the be g, it may pmoeed in you absenee and a deeision will be made on eesponsibility and eaneiions, if appnopiiate. The information being ieyiewed in the Conduct Board heating includes the following 1, Documents submitted by youaseif, if any. 2. Documents submitted by Office omedmt Standaids and Accountability, including the OED investigative memorandum, 3. Witness statements, if my. Thi: following individuals are planning on testifying befoxe the Conduct Bond: 1. Klin Andeison, Director of CEO. ytoyide testimony xegatding mm Examine Pally) #15, Ill: Polig thlrill/ig and Julia/Mammal!) and intonnstion received dining 0120's joint invesljgadan with SSA XEgarding the incidents desetihed above in the attached documents it thesewill be additional witnesses at additional ptesented to the Bond odiei- than those listed above, I will piovide you with notice of and toms to thatinfotmation no latet than dose of business two days befoxc the hearing. You may have Witnesses called on your bchalf. Iiyoti have witnesses, you must inionn my officc of their names, addresses, and telephone numbess, and pmvide Lheji' weitten statements, if they have not alsendy provided one, to out- osrioe no latee than dose or business two days hetot-e the heating. Youi must submit written statuaan in advance fox the Board to zeview. Witnesses will not be allow=d to speak to the Board unless they provide a statement befolic the hearing You its responsible for infoming your witnesses of the limb, date and location of die hurling. PO Box 641054, Pullman, WA 99154-1064 505-335-4532 - Fax: 50973354314 - ttandatds(R)wsuedti - Standaldstuiadu a: r; You will be asked to provide information to the Board. Under the Standards of Conduct, you have the right to remain silent when charged with any act that may be a violation of criminal law, but if you choose to do so at the Board hearing, you give up your opportunity to explain your version of the events. An advisor of your choice may accompany you to this hearing. If you do not have one and would like to be in contact with one, please call Mel Morgan in the Dean of Students Of?ce at 509-335?5757. The advisor may provide advice and consultation to you in advance of the scheduled hearing. Your advisor may not address the Conduct Board, conduct of?cer, or any witnesses during the conduct hearing. If you are found responsible for violating the Standards of Conduct, the Board has the authority to impose sanctions, which may include suspension or expulsion fit-om the University. You are responsible for reviewing and understanding all of the Standards of Conduct, including the provisions discussing the Conduct Board hearing process, which are described in WAC 504?26-403 and available online at standards.wsu.edu. - In order to prepare for the hearing you may wish to review the contents of your student conduct ?le. Please call 509?335?4532 to arrange a time to do so. Please contact me if you have questions. Sincerely, lice of Student Standards 6: Accountability Enclosures 17:? rm ?u 79F: Attachment A Standards Being Charged WAC 504-26-212 Alcohol. Use, possession, manufacture, or distribution of alcoholic beverages (except as expressly permitted by university regulations), or public intoxication are prohibited. Alcoholic beverages may not, in any circumstance, be used by, possessed by, or distributed to any person under twenty?one years of age. WAC 504426-204 Abuse of self and others. Physical abuse, threats, intimidation, and/ or other conduct which threatens or endangers the health or safety of any person, including one?s self. WAC 504-26?224 Reckless Endangerment. Engaging in conduct that creates an unreasonable risk of harm to another person or property. WAC 50446-209 Violation of university policy, rule, or regulation. Violation of any university policy, rule or regulation published electronically on the university website or in hard copy. Spenj?z?mz?! Executive Partly #15, the Pat'z'gy Prohibiting Duciim'tm?z'ozz, mm! argument, mad exact! z'u'ozza?za'z?. WAC 504?26?220 Discrimination and discriminatory harassment. Discrimination or discriminatory harassment on the basis of race; sex/ gender; sexual orientation; gender identity/ expression; religion; age; color; creed; national or ethnic origin; physical, mental, or sensory disability (including disability requiring the use of a trained service animal); marital status; genetic information; and/ or status as an honorably discharged veteran or member of the military; and as de?ned in Washington State University's Executive Policy 15, which prohibits discrimination, sexual harassment, and sexual misconduct. WAC 504-26~221 Sexual misconduct. (1) Sexual misconduct is an egregious form of sex discrimination/sexual harassment. A number of acts may be regarded as sexual misconduct including, but not limited to, nonconsensual sexual Contact (including sexual intercourse) and sexual exploitation. Sexual misconduct includes sexual assault and other sexual violence. (2) Consent. Consent to any sexual activity must be clear, knowing, and voluntary. Anything less is equivalent to a Clear, knowing, and voluntary consent to sexual activity requires that, at the tithe of the act, actual words or conduct demonstrate clear permission regarding willingness to engage in sexual activity and the conditions of such activity. Silence or passivity is not consent. Even if words or conduct alone seem to imply consent, sexual activity is nonconsensual when: Force or coercion is threatened or used to pro cure compliance with the sexual activity. Force is the use of physical violence, physical force, threat, or intimidation to overcome resistance or gain consent to sexual activity. Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to obtain consent from another. When an individual makes it clear through words or actions that he or she does not want to engage in sexual contact, wants to stop, or does not want to go past a certain point of sexual interaction, continued pressure beyond that point may be coercive. Other examples of coercion may include using blackmail or extortion to overcome resistance or gain consent to sexual activity. The person is asleep, unconscious, or physically unable to communicate his or her unwillingness to engage in sexual activity; or The person lacks the mental capacity at the time of the sexual activity to be able to understand the nature or consequences of the act, whether that incapacity is produced by illness, defect, the in?uence of alcohol or another substance, or some other cause. When alcohol or drugs are involved, a person is considered incapacitated or unable to give valid consent if she or he cannot fully understand the details of the sexual interaction who, what, when, where, why, and how), and/ or he or she lacks the capacity to reasonably understand the situation and to make rational, reasonable decisions. (3) Nonconsensual sexual contact is any intentional sexual touching, however slight, with any object or body part, by one person against another person's intimate parts (or clothing covering any of those areas), or by causing another person to touch his or her own or another person's intimate body parts without consent and/ or by force. Sexual contact also can include any intentional bodily contact in a sexual manner with another person's nonintirnate body parts. It also includes nonconsensual sexual intercourse. (4) Sexual exploitation occurs when a person takes nonconsensual or abusive sexual advantage of another for his her own advantage or bene?t, or to bene?t or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses explained above. Examples of sexual exploitation may include, but are not limited to: Causing or attempting to cause the incapacitation of another person to gain sexual advantage over such other person; Invading another person's sexual privacy; Prostituting another person; Engaging in voyeurism. A person commits voyeurism if, for the purpose of arousing or gratifying the sexual desire of any person, he or she knowingly views, photographs, records, or ?lms another person, without that person's knowledge and consent, while the person being viewed, photographed, recorded, or filmed is in a place where he or she has a reasonable expectation of privacy; I Knowingly or recklessly exposing another person to a sigrnficant risk of sexually transmitted disease or infection; Exposing one's intimate parts in nonconsensual circumstances; Sexually based stalking and/ or bullying. (5) Use of alcohol or other thugs is not a valid defense to a violation of this policy. WAC 504?26-222 Harassment (other than sexual harassment or discriminatoiy harassment). Harassment is conduct by any means that is severe, persistent, or pervasive, and is of such a nature that it would cause a reasonable person in the victim's position substantial emotional distress and undermine his or her ability to work, study, or participate in his or her regular life activities or participate in the activities of the university, and/ or actually does cause the victim substantial emotional distress and undermines the victim's ability to work, study, or participate in the victim's regular life activities or participate in the activities of the university. Per WAC 504~26~301, if you are found responsible for violating any of the above-listed Standards as a result of causing injury to another, and if you are found to have intentionally selected the victim based on your perception of the victim?s gender, that ?nding is an aggravating factor in determining the sanction for the conduct. ill it if: ti 2? WASHINGTON STATE Office of Student Standards and Accountability RE: Notice of Conduct Board Hearing The University Conduct Board (the Board) is convening for a hearing on 30 july 2014 at 5:30 pm. relating to the incidents described in the OED investigation memorandum dated 23 July 2014. You have received a copy of this memorandum he purpose of this hearing is to examine information Presented, determine whether the accused student is responsible for violating the Standards of Conduct for Students, and to impose educational sanctions, if appropriate. If you have any questions about the hearing process, please contact me at 509?335?4532. You have the right to attend the hearing and provide niformation. If you choose to attend the hearing, you Will not be required to interact with or be in the same room as the accused student. Please let me know if you would like our of?ce to make arrangements for you to be in a different room and/ or participate via conference call. You may make a statement to the Board, and you and the accused student will be able to submit questions to the Board Chair. The Chair/Conduct Of?cer will review those questions and will ask the questions he/she deems appropriate. As previously stated, you will not be required to speak to the accused student at any time. You may also have an adviser accompany you during this process. Advisors are not permitted to participate in the process, but can be present to advise complainants and accused students. If you would like to attend the hearing, please notify me by no later than close of business two days before the scheduled hearing. If you choose not to attend the hearing, you may still provide a statement to the Board in advance of the hearing. If you wish to do so, please submit that statement no later than close of business two days before the scheduled hearing. You can email this statement to me at adain.jussel@wsu.edu or you may deliver it to my of?ce in Lighty 260. You may have witnesses called on your behalf. If you have Witnesses, please provide me with their names, addresses, and telephone numbers. Witnesses are required to submit written statements in advance of the hearing for the Board to review. Wimesses will not be allowed to speak to the Board unless they provide a written statement to my of?ce, no later than close of business two days before the scheduled hearing. You or your Wimesses may email these statements to me at adamjussel?lwsuedu or you may deliver them to my of?ce in Lighty 260. We ask that you inform your witnesses of the time, date and location of the hearing. PO Box 641064, Pullman, WA 99154-1064 5096354532 9 Fax: 509335-4814 a standards?wsuedu Va": N- use?:- . 2 . To prepare for the Conduct Board hearing, or to prepare your statement, you may also review the conduct ?le. To schedule a time to do so, please contact our of?ce at 509635?4532. Please know that WSU prohibits retaliation against anyone who participates in the inves?gative and disciplinary processes mentioned above. Any Student who retaliates against you for reporting an incident will be subject to investigation and related penalties. Retaliation will be regarded as independent grounds for investigation. If you have any questions or concerns, please don?t hesitate to contact me. Thank you for your help in this matter. Sincetely, m? Adam Jussel 509?335?4532 adam.jussel@wsu.edu Director, Of?ce of Student Standards and Accountability Washington State University maintain; MEMORANDUM To: Adam B. lussel, Director, Student Standards and Accountability From: Kimberly D. Anderson, Director Office for Equal Opportunity Date: July 23, 20M Subject: investigation, re: CEO-- The Washington State University (WSU) Office for Equal Opportunity (GEO), with the Oifice of Student Standards and Accountability (SSA), commenced an investigation in response to information received from the WSU Department of Residence tiie regarding the alleged conduct of B), a female WSU undergraduate student Allegedly, Student B, a male WSU undergraduate student, to unwanted, nonconsensual sexual Contact in the early morning hours of January 26, 2014. These allegations implicated the WSU Policy Prohibiting Discrimination, Sexual Harassment, and Sexual Misconduct, Executive Policy #15 (EP 15), and relevant provisions of the WSU Standards of Conduct for Students, and warranted this investigation. This memorandum summarizes OEO's investigation, provides findings of fact, states a conclusion as to whether EP 15 was violated, and makes a recommendation to SSA regarding further disciplinary proceedings. Investigators interviewed StudentA, Student B, and the following individuals: _(Student C), a WSU undergraduate student who interacted with Student A and Student before and after the alleged incident; 2. --(Student D), a WSU undergraduate student who interacted with Student A and Student after the alleged incident; and 3. --(Student E), a WSU undergraduate student who interacted with Student A and Student before and after the alleged incident. OEO contacted --(Student a wsu undergraduate student; however, she declined to participate in the investigation. with Atlmuilxhniion 225, no rm mum, Pullman, WA 991544072 snusswm m, Swansea) Momma" - oen.w3u.edu Final Memorandum to A. Jussel, Page 2 July 23, 2014 Investigators reviewed the following documents: 1. Screenshots of text messages exchanged between Student and her friend on January 26, 2014, which were provided by Student 2. Screenshot of Facebook message sent from Student 8 to Student A on January 26, 2014, which was provided by Student and 3. A WSU Department of Residence Life incident report regarding the alleged incident. Analysis Student A said that beginning at approximately 9:00-10:00 pm. on the evening of January 25, 2014, he consumed alcohol and played drinking games with friends, including Student C, Student E, and Student F, in a residence hall room. Student said she joined the group at approximately 10:30?1 1 :30 pm. Both Student A and Student said that they played drinking games with the group for several hours. Student A, Student and Student said Student A and Student remained with the group until approximately 12:00 am. Student said she had stayed with the group playing drinking games until approximately 1 :30 am, which was inconsistent with the statements of Student A and the other witnesses. Student A, Student C, and Student stated that Student A was highly intoxicated due to his having consumed a large amount of alcohol, including most of a bottle of Fireball cinnamon whiskey, which was described as a "standard fifth,? and some amount of vodka, which he also consumed "straight from the bottle.? Student and Student stated that Student A had slurred speech, difficulty balancing, and could not form clear sentences. Student A said he did not have a clear memory of the events of that evening. Student A said that leading up to and during the time the sexual contact occurred, his levei of intoxication on a scale from one to ten was a ten; Student said Student A was at a nine. Student 8 said that she ?stumbled? and ?walked against the wall" leading up to the time sexual contact occurred. She said she consumed a large amount of alcohol and that her level of intoxication was an eight. Student 8 said she played the drinking game "rage cage" with the group and during the first round she consumed 14 to 15 cups which she estimated to be the equivalent of approximately seven shots of a vodka and Hawaiian punch mixture. She said that Student A had three or four cups during the first round. She said that between rounds she consumed two shots of tequila and two or three ?swigs? of Fireball. She said Student A was taking "shorter sips? and was taking bigger drinks." She said that during the second round, Student A's friends were giving her "more cups.? She said she took three additional shots of Jack Daniel?s whiskey, then left the group at approximately 1:30 am. to go to the restroom. She said she vomited in the restroom four times for a total of approximately five minutes. She said she had a clear memory of the events of that evening. siesta i i Fina! Memorandum to A. Jussel, Page 3 luly 23, 2014 Student C, Student D, and Student all stated that, although they knew Student had consumed some alcohol, she did not appear to be intoxicated. Student C, Student and Student described Student at a low level of intoxication and not exhibiting signs of intoxication. Student said Student joined the group while they were playing the drinking game ?beer pong." She said Student was not drinking at that time but she did see her drink during "rage cage.? She said that Student A and Student were not interacting during the game but Student moved next to Student A after and began touching his arms. She said she did not see any indication at that point that Student A was interested in Student B. After Student A and Student left the group, they both ended up in Student B?s residence hall room. Student A said he did not remember how he got to Student B?s room, but he did remember her kissing him and asking if he had a condom. Student said Student A approached her in the hall outside her door and began kissing her. She said she told StudentA, "If you want to have sex tonight you should find a condom.? Student A and Student agreed that Student A had left Student to find a condom. Student said she saw Student A and Student talking at the end of the hall before Student A came back to the group and asked for a condom. Student said that she and others attempted to persuade Student A that he should not engage in sexual activities with Student because of his level of intoxication. Student A and Student agreed that after Student A returned to Student B?s room, sexual contact occurred. Student described-this as including-her performing "oral sex" on Student A, Student A performing "oral sex? on her, attempting vaginal intercourse, and Student resuming "oral sex? on Student A. Student said that Student A and Student moved into the shower, located in her room, where they again attempted vaginal intercourse and Student again performed "oral sex? on Student A. Student A said he did not remember the details of the sexual activity but he "knew sex happened.? He said he only remembered that he had been on top of her and that she had performed ?oral sex" on him. He said he remembered seeing a bag of condoms in Student A's room and that after performing "oral sex? on him, she told him, ?Let?s go to the shower.? He said he recalled Student A performing oral sex on him in the shower and he thought he ejaculated in the shower. Student A said he wanted to leave because he was "really uncomfortable? but Student 8 told him to wait. Student said that while Student A and Student were in Student B?s room, she and Student attempted to check on Student A by knocking on Student B?s door and asking to see him. Student said that Student was persistent in attempting to keep Student A from talking with her, however, she stated that Student A did respond and she saw him naked. She said that she knew he lacked the capability to understand what was happening because she knew that he would not have allowed her to see him naked. Student A and Student agreed that Student A had asked Student to find his bottle of Fireball whiskey and she left him alone in her room to look for the bottle. Student A said he had asked her to look for it because he. "just wanted her gone.? Student said that while Student A was out of the room, she and Student knocked on the door and {ii ii i? "a .. i i Final Memorandum to A. lussel, Page 4 July 23, 2014 attempted to contact Student A. Student and Student said that as soon as Student heard her knocking, Student ran back toward her room. Student said that Student said, ?Don?t ruin this for me.? Student A said that after the sexual contact had occurred he "realiz[ed] [it was] bad and [he] wanted out.? He said he "kept trying to leave? but Student asked him to wait. He said he felt uncomfortable, and he told Student he had to leave to find?his friends. Student A said he left Student B?s room and "ended up? in Student C?s room and told her what had happened; he said he did not remember if he walked alone to Student C's room or if Student had found him and escorted him. Student A and Student said Student visited Student C?s room and requested to see Student A. Student A said he hid in the closet and Student told Student he was not in her room. Student A said that while he was hiding in the closet, Student sent him text messages asking questions about a class and sent him a Facebook message that said, miss you.? Student said that Student went to her room and told her that Student A had left his cougar card in her room. Student told her that she would retrieve it for him. Student said that, on the way to Student B?s room, Student told Student B, "You could get in trouble; this could be considered rape.? She said that Student did not appear to react, and said something to the effect of, just want to hang out with [Student Student said that Student was unable to locate Student A?s cougar card, and Student found out later that Student A had his cougar card the entire time. When speaking with investigators prior to her interview, Student indicated that she wished to file a counter complaint against Student A. She alleged that she had been very intoxicated at the time of the sexual contact and that Student A had not been as intoxicated as she was. Student B?s statements about her level of intoxication and Student A?s level of intoxication were not consistent with Student A?s, or any of the other witnesses? statements. Following her interview with investigators, Student submitted a record ofr'text messages which she exchanged with a friend on the night of the alleged incident. (see attached). Student sent a text message at 1:10 am, in which she stated that she was drunk, at 1:30 am. she sent a message informing her friend that she had vomited, and at 3:00 am. she sent a message informing her friend that she ?slept with a guy and he went to another girls room," and that she gave her "first blowjob.? The text messages from Student to her friend contain unintelligible phrases and severai misspelled words. The content and format of the messages support Student B?s assertion that she was intoxicated on the night of the alleged incident. However, it is not clear how the timing of the text messages corresponds to the timing of the events of that evening. Based on the foregoing and the totality of the evidence documented by the investigation, using a standard of "more likely than not,? OEO finds: 1. Student A and Student were both WSU undergraduate students at the time of the incident. yr ?23) a 2.51:. 3' Emmi;- Finai Memorandum to A. Jussel, Page 5 July 23, 2014 Student A?s statements to investigators were spontaneous, internally consistent, generally consistent with the statements of witnesses, and did not appear rehearsed. For these reasons, 0E0 found Student A?s statements credible. Student B?s statements to investigators were self-serving, at times contradictory, and were inconsistent with the statements of several witnesses. For these reasons, OEO found Student B?s statements to be less credible than those of Student A. . On the evening of January 25, 2014, Student A consumed alcohol and played drinking games with friends in a residence hall room. Student later joined the group and also consumed alcohol and played drinking games. Student A consumed a large amount of Fireball whiskey, approximately one? fifth of a gallon and an indeterminate amount of vodka on the evening of January 25, 2014. As a result of his having consumed this alcohol, Student A lacked a clear memory and was unable to provide a clear timeline of events. Consistent with witness statements, Student A had difficulty maintaining balance, slurred his speech, and was unable to form clear sentences. Student had consumed some alcohol on the evening of January 25, 2014 and was intoxicated. Student said she had a clear memory of the events of that evening; Witnesses stated that she was walking normally, did not'slur'her words, and did not display other behavior which could have indicated that she had been intoxicated. Student B?s statements about the amount of alcohol she consumed, while supported, in part by the record of text messages she submitted, were inconsistent with the statements of Student C, Student D, and Student E. OEO found insufficient information to determine the amount of alcohol consumed by Student B. . At agproximately 12:00 am, Student left the residence hall room and walked down the hall; Student A also left the room shortly; thereafter. . Student A and Student went to Student B?s residence hall room where kissing, oral sexual contact, and attempted vaginal intercourse occurred. 10.Based on findings five through seven above, OEO finds that Student A was 11 much more intoxicated than Student at the time sexual contact occurred. .Student attempted to isolate Student A several times throughout the night, including: when Student and Student knocked on her door to say goodnight but Student would only crack the door open; (2) when Student and Student knocked on Student B?s door while Student A was alone in her room and Student said, ?Stop, you?re gonna ruin it"; and (3) when Student A left Student B?s room, was hiding in Student C?s room and sought out Student A in Student C?s room. Further Student also sent Student A a Facebook message at 2:53 am. that read, "i miss you," while he was hiding in Student C?s closet and told Student that his cougar card was in her room Final Memorandum to A. lussel, Page 6 July 23, 2014 even though Student A had possession of his cougar card throughout the night. 12.5tudent A was severely intoxicated at the time sexual contact. As a resuit of his intoxication, he lacked the ability to understand the nature or consequences of his actions, and was therefore incapable of consenting to sexual activity. i3.Student knew, or should have known, of Student A?s level of intoxication and his inability to understand the nature or consequences of his actions at the time of the sexual contact with Student A. 14. Student B?s assertion that she was more intoxicated than Student A at the time sexual contact occurred was self?serving and inconsistent with witness accounts. OEO finds that more likely than not, Student was not too intoxicated to understand the nature and consequences of her actions, nor too intoxicated to consent to sexual contact. 15.5tudent subjected Student A to conduct on the basis of his sex and/or gender; Student B?s conduct made Student A feel "uncomfortable," and ?violated,? and was sufficiently severe, persistent, or pervasive to create a hostile or offensive educational or living environment for Student A Based on the totality of the investigation and the foregoing findings, OEO finds that Student B's conduct toward Student A violated EP 15. Therefore, OEO refers this matter to to take action as appropriate, pursuant to the WSU Standards of Conduct for Students. findings, conclusion, and recommendation in this matter are based on EP 15, and interpretations of 15. Nothing in this report is based upon, or intended to be understood as a statement or interpretation of law. 6 ?123? 1'35 M. tum-3:. an) new .- 1 Final Memorandum to A. iussei, Page A1 luly 23, 2014 Summary of Interviews Student A Student A said that on the evening of January 25, 2014, he was drinking alcohol with friends in a residence hall room. He said he had eaten dinner at around 6:00 pm. and began consuming alcohol at approximately 10:00 pm. He said he consumed a large amount of Fireball cinnamon whiskey and some amount of vodka as well. He said he was "all over the place? that night. He said he had been "walking the hallways" visiting with others, many of whom were socializing and drinking alcohol as well. Student A said that over the course of the night, he consumed Fireball straight from the bottle, and ultimately drank the entire bottle, which was a "standard fifth." He said he also drank vodka straight from the bottle but he does not remember how much. Student A said that he encountered Student at approximately 12:00 am, two hours after he had begun drinking. He said that at that time, his level of intoxication on a scale from one to ten was at a ten. He said his memory of the night was blurry and that he did not remember the events leading up to his interaction with Student B. He said he remembered tripping while he was in Student B?s room, and he remembered being in her room but not how he ?ended up? there. Student A said that while he was in Student B?s room, she began kissing him and asked if he had a condom. He said he went back to the room where he had been drinking and asked if anyone had a condom. He said he did not recall if he had obtained a condom at that time. Student A said that while he was in Student B?s room, he "kept asking for [his] Fireball,? because he "just wanted her gone.? He said Student offered him vodka, which she had in her room, instead. He said that he continued to ask for his ?Fireball,? and Student eventually left the room to find it. He said that while Student was gone, Student and Student came to the door to check on him but Student cameback, pushed them out the door, and said ??we're fine.?r Student A said that when his friends were at the door, he was unclothed. He said he thought Student had removed his shirt, but does not recall how the rest of his clothes had been removed. He said that, at approximately 12:00 am, Student 8 had not found the bottle of Fireball, so he consumed the vodka she had given him. Student A said, "From whatl remember, there was sex.? He said he remembered ?snap shots" of what occurred. He said he remembered being on Student B's bed, that ?she gave me oral sex and i gave her oral stimulation." He said that he was on top of Student B, and he remembered that Student had a bag of condoms. He said he could not remember if he had obtained the condoms earlier or if they used condoms that Student had. He said that "after everything happened? Student told him ?Let?s go to the shower.? He said Student took him to the shower and ?performed oral sex on [him]? in the shower and he thought he had ejaculated in the shower. He said that ?53. Final Memorandum to A. iussei, Page A2 luiy 23, 2014 that point he was "really uncomfortable,? and "wanted to leave? but Student kept saying Wait,? and that she needed to wash her hair. Student A said that, after the shower, he ended up in Student C?s room, but wasn?t sure whether he had walked there on his own, or if Student had found him. He said that while in Student C?s room, he hid from Student B. He said Student came to Student C?s door and asked for him but he hid in the closet. Student A said Student told Student that Student A needed to return to her room to retrieve his cougar card and Student said that she would retrieve it and Student told Student C, "?No [Student has to come get it.? He said Student did go with Student to retrieve his card. Student A said that his memory was clearer during the time he was hiding in the closet; he estimated that his level of intoxication at that time was approximately a seven on a scale of one to ten. He said that at some time after Student left and while he was still hiding from her, she sent him text messages asking questions about a class they both had. He said he deleted those text messages. He also said that the Student sent him a Facebook message at 2:53 am. that said miss you,? and he provided a copy to investigators (see attached). Student A said that Student told him that, when they were walking to retrieve his cougar card, she told Student B, ?"You can get in trouble. He doesn?t want to,? to which Student said, ??Too late, we already had sex.? Student A said he did not think Student drank any vodka when he did, and he did not kn'ow if she had'b?een drinking that evening. He said he remembered that at some point during the sexual contact, Student told him, "?I?ve always wanted to do this.? Student A said that if he had been sober he would ?absolutely not" have engaged in sexual contact with Student B, in part because he had never had sexual contact before this incident. He said he felt ?violated? and ?uncomfortable? following the incident. Student Student said that on January 25, 2014, she had stayed home sick from work but she felt better later that evening. She said that at around 11:30 pm, she went to the floor lounge of her residence hall and saw a group of residents playing a card game. She said she played the game with them for about 30 to 40 minutes and went back to her room to change because she was cold. She said that, during that time, the group of residents moved to a resident?s room, and Student A had joined them. Student said that, at approximately 12:15 am, in the middle of playing beer pong, she went to her room to get a bottle of tequila. She said that the Resident Advisor came in a few times to remind them of quiet hours. She said they decided they did not want to play beer pong any more so they pulled the desks together and played "rage," another drinking game, which used 20 to 25 solo cups containing vodka and Hawaiian punch. Student said the point of "rage" is to make other people drink. ii i i Final Memorandum to A. lussel, Page A1 23, 2014 Summary of Interviews Student A Student A said that on the evening of January 25, 2014, he was drinking alcohol with friends in a residence hall room. He said he had eaten dinner at around 6:00 pm. and began consuming alcohol at approximately 10:00 pm. He said he consumed a large amount of Fireball cinnamon whiskey and some amount of vodka as well. He said he was ?all over the place? that night. He said he had been "walking the hallways? visiting with others, many of whom were socializing and drinking alcohol as well. Student A said that over the course of the night, he consumed Fireball straight from the bottle, and ultimately drank the entire bottle, which was a ?standard fifth.? He said he also drank vodka straight from the bottle but he does not remember how much. Student A said that he encountered Student at approximately 12:00 two hours after he had begun drinking. He said that at that time, his level of intoxication on a scale from one to ten was at a ten. He said his memory of the night was blurry and that he did not remember the events leading up to his interaction with Student 8. He said he remembered tripping while he was in Student B?s room, and he remembered being in her room but not how he ?ended up? there. Student A said that while he was in Student B?s room, she began kissing him and asked if he had'a condom. He said he went back to the rOOm where he had been drinking and asked if anyone had a condom. He said he did not recall if he had obtained a condom at that time. Student A said that while he was in Student B?s room, he "kept asking for [his] Fireball,? because he ?just wanted her gone.? He said Student offered him vodka, which she had in her room, instead. He said that he continued to ask for his "Fireball," and Student eventually left the room to find it. He said that while Student 8 was gone, Student and Student came to the door to check on him but Student 13 came back, pushed them out the door, and said ??we?re fine.? Student A said that when his friends were at the door, he was unclothed. He said he thought Student 8 had removed his shirt, but does not recall how the rest of his clothes had been removed. He said that, at approximately 12:00 Student 8 had not found the bottle of Fireball, so he consumed the vodka she had given him. Student A said, "From what I remember, there was sex.? He said he remembered "snap shots" of what occurred. He said he remembered being on Student B?s bed, that "she gave me oral sex and I gave her oral stimulation.? He said that he was on top of Student 8, and he remembered that Student 8 had a bag of condoms. He said he could not remember if he had obtained the condoms earlier or if they used condoms that Student 8 had. He said that "after everything happened? Student 13 told him "Let?s go to the shower." He said Student took him to the shower and "performed oral sex on in the shower and he thought he had ejaculated in the shower. He said that at ii ii Ti. i} Final Memorandum to A. iussel, Page A2 luiy 23, 203 4 that point he was "really uncomfortable,? and ?wanted to leave? but Student kept saying Wait,? and that she needed to wash her hair. Student A said that, after the shower, he ended up in Student C's room, but wasn't sure whether he had walked there on his own, or if Student had found him. He said that while in Student C?s room, he hid from Student B. He said Student came to Student C?s door and asked for him but he hid in the closet. Student A said Student told Student that Student A needed to return to her room to retrieve his cougar card and Student said that she would retrieve it and Student told Student C, "'No [Student has to come get it.? He said Student did go with Student 8 to retrieve his card. Student A said that his memory was clearer during the time he was hiding in the closet; he estimated that his level of intoxication at that time was approximately a seven on a scale of one to ten. He said that at some time after Student left and while he was still hiding from her, she sent him text messages asking questions about a class they both had. He said he deleted those text messages. He also said that the Student sent him a Facebook message at 2:53 am. that said miss you,? and he provided a copy to investigators (see?attached). Student A said that Student told him that, when they were walking to retrieve his cougar card, she told Student B, ??You can get in trouble. He doesn?t want to,? to which Student 8 late, we already had sex.? Student A said he did not think Student drank any vodka when he did, and'he did not know if she had been drinking that evening. He said he remembered that at some point during the sexual contact, Student told him, ?We always wanted to do this.? Student A said that if he had been sober he would "absolutely not" have engaged in sexual contact with Student 8, in part because he had never had sexual contact before this incident. He said he felt "violated" and ?uncomfortable? following the incident. Student 8 Student said that on January 25, 2014, she had stayed home sick from work but she felt better later that evening. She said that at around 11:30 she went to the floor lounge of her residence hall and saw a group of residents playing a card game. She said she played the game with them for about 30 to 40 minutes and went back to her room to change because she was cold. She said that, during that time, the group of residents moved to a resident?s room, and Student A had joined them. Student 8 said that, at approximately 12:15 am, in the middle of playing beer pong, she went to her room to get a bottle of tequila. She said that the Resident Advisor came in a few times to remind them of quiet hours. She said they decided they did not want to play beer pong any more so they pulled the desks together and played ?rage,? another drinking game, which used 20 to 25 solo cups containing vodka and Hawaiian punch. Student 8 said the point of ?rage? is to make other people drink. ii ii ii Final Memorandum to A. iussel, Page A3 July 23, 2014 Student said she thought Student A had not consumed alcohol prior to playing ?rage,? but that if he had, it was "maybe a shot or two of Fireball.? She said the bottle of Fireball was "pretty full? at the beginning of the night. She said that, between the first and second rounds, she consumed 14 to 15 cups of the vodka and Hawaiian punch mixture. She estimated that this was the equivalent of approximately seven shots of the mixture. She said Student A consumed three or four cups during the first round. She said, kept losing sol drank the most.? Student said that, in between rounds, she drank two more shots of tequila and two to three ?swigs? of Fireball. She said Student A was taking "shorter shots? and she was taking "bigger drinks.? She said that, during the second round, Student A?s friends started giving her more cups to drink. She said she also took three shots of lack Daniel?s whiskey and left the room at around 1:30 am. to vomit in the restroom. She said she was gone for about five minutes and vomited four times. Student 8 said that, as she returned to the room, she stumbled and was ?walking against the wall." She said she saw Student A in the hallway and he asked where she was going. She said she told him she got something on her shirt and she was going to change. She said Student A began kissing her, as she leaned against her door for approximately one minute. She said she told him that if he wanted to have sex that night he should get a condom. She said he walked down the hallway ?really fast? and returned with two condoms. - Student told investigators she said she had a clear memory of the evening. Investigators asked Student 8 what her level of intoxication was at that point in the evening, on a scale from one to ten. She said that she was at an eight because she could not walk and she was slurring her words. She said Student A's level of intoxication was at approximately a four or five. She said he was ?a little bit past tipsy.? She said she tried to clear a path to her bed and she fell and twisted her knee as she was getting off her bed. Student said she had expected Student A to return after about five minutes. She said he knocked on her door and she let him in. She said they went to her bed and he fell as he was trying to take his clothes off. She said he pushed her on the bed and took her clothes off. She said they were kissing and he pushed her down. She said, "i was too drunk for anything.? She said she put her robe on and'went into the hall to look for the bottle of Fireball. She said Student A attempted vaginal intercourse but that was not working so she offered to perform oral sex on him, which she did on the bed. She said that she suggested they attempt vaginal intercourse again with another condom in the shower. She said that did not work either so she "just gave him another blow job.? Student said that they had been in the shower, located in her residence hall room, for approximately two minutes, when someone knocked on her door and Student A told her to answer it and she did. She said it was Student and two or three friends. Student said she was in her robe and had a towel around her hair because she had just been in the shower. She said they asked if Student A was in her room, and she-told Final Memorandum to A. iussel, Page A4 July 23, 2014 them that he was and that they were busy. She said Student A walked out to greet them while he was still naked. She said he said, "?Hey guys what's going on?? and they said, ?Don?t worry, we didn?t see anything.? She said that after Student and her friends left, she and Student A got back in the shower. She said that is when they attempted vaginal intercourse again for a few minutes. She said Student A took off the condom and she performed oral sex again for approximately 20 minutes. Student said she and Student A got out of the shower and grabbed towels. She said they both drank Fireball whiskey and vodka for approximately ten minutes. She said they lay on the bed and were talking and making out, and then Student A wanted to find his friends, and left. Student 8 said that after Student A had left, she went to activate her cougar card at a kiosk on a lower level of the residence hall, but she could not read the screen due to the level of her intoxication. Student said she went upstairs, saw Student C, and asked her where Student A went. She said Student said, W[Student went to bed. [Student 13] it?s time to go to bed. It?s 3:00 am.? She said she pulled out her phone and said, "No. it?s 2:50 am.? then went back to her room and lay down. She said that about 20 to 30 minutes later another student knocked on her door and said, ??[Student is worried about his Fireball.? She said she was "too tired? and did not ask ?why,? but gave it to the other student and went to bed. Student said that the next morning, at around 8:00 she went to the lounge to get ice for her knee and she saw that the bottle of Fireball was sitting in the lounge with less whiskey in it then she remembered. She said that, mid-afternoon on Sunday, she went to the lounge and saw Student A, Student C, and the resident who lived in the room where they had all been drinking. She said they were discussing how the night had gone. She said she saw Student A on that Sunday, Monday, and Tuesday and ?everything seemed fine.? She said that she saw someone had written, "?Pray for [Student [Student was taken advantage of,? on a whiteboard and she erased it. She said that Student had seen the same statement written on another whiteboard and she said, ??That?s rude?? and also erased it. Student 8 said she thinks she had been "a lot? more intoxicated than Student A on the night of the alleged incident. She said she has never thrown up before that night. She said, drank that night. I?m being punished.? Investigators understood these statements by Student as her raising a complaint against Student A. (These allegations are addressed in the analysis and findings section of this memo). Student Student said that on the night of the alleged incident, she had been hanging out with eight or nine people, including Student A. She said that starting at around 9:00 she and the others were drinking, playing games, and hanging out. She said that she i Final Memorandum to A. lussei, Page AS July 23, 2014 had not been drinking very much but Student A was ?very drunk.? She said she has consumed alcohol with him previously and he was "way beyond normal? that night. Student said she saw Student A drink "almost a whole fifth of Fireball.? She said they played the drinking games "beer pong? and "rage cage.? She said that Student entered the room while they were playing beer pong. She said Student had approached Student A and was touching his arms. She said Student was not drinking during the beer pong game. Investigators asked Student to estimate both Student A?s and Student B?s level of intoxication on a scale from one to ten. Student said that, at that point, Student A was at a seven or eight and Student was at a zero. She said Student A was slurring his speech, laughing, could not form sentences, was loud, had "heavy eyes,? and was swaying when trying to stand still. She said she did not know if Student had consumed alcohol earlier in the evening but based on how she was acting she "didn?t seem? to be intoxicated. Student said that, at around 10:00 p.rn., they switched to playing rage cage. She said she believes Student was drinking at that point. She said that Student A and Student were not interacting with each other during the game. She said that after the game Student started standing next to Student A. She said that, at that time, Student A?s level of intoxication was at a nine and Student B?s level of intoxication was at a two or three. Student said she saw Student A and Student at the end of the hall talking. She said Student A came back to the room and asked, "?Does anyone have a condom?? She said everyone in the room you don?t want to do this.? She said Student A laughed and then left. She said that she and a few other students knocked on Student B?s door and said, "We just wanted to say goodnight? and Student opened the door a crack and said, Night.? She said she asked, ?Can we say goodnight to [Student Al?? and Student said, ??[Student your friends say goodnight,? then closed the door. She said she knocked on the door again and said, "We?d really like to see [Student and she could see him behind Student B. She said he was "fully naked? and that is how she knew he was past the point of being able to understand what was happening. She said, "He would never let me see him like that.? Student said three or four minutes later Student came out looking for the Fireball and went to the end of the hallway. She said she knocked on Student B?s door ?to get [Student and Student heard her and ran back. She said Student went back in the room. Student said she knew Student A and Student were having sex because she could hear them in the shower. She said she heard Student say, ?"You like that?? She said it was "too awkward.? 4.: he Final Memorandum to A. jussei, Page A6 luiy 23, 2014 Student said that, about 15 minutes later, Student A came to her room and said that he and Student had sex and he had told Student that he needed to check on his friends. She said she did not remember exactly what Student A said but she understood from his body language that he was upset. She said that she understood from what he was saying that ?he couldn?t believe he?d just did it.? She said he told her something to the effect of, ?i realized what] was doing so said I needed to go see my friends.? Student said Student knocked on her door and Student A hid in her closet. She said Student asked, ?is [Student in here?? and she said, ?No. He?s not.? She said Student said, ?i heard his voice,? and she replied, "Not him.? She said Student asked to see Student A and she said, ?Not here? then closed the door. She said that, at that time, Student A?s level of intoxication was at a nine and Student B?s level of intoxication was at a two. Student said Student knocked again and said, ??Tell [Student that he left his cougar card,??r and she told Student B, "I?ll come get it,? and followed Student to Student B?s room. She said that, as they walked down the hall, she told Student B, "You need to leave him alone; this could be considered rape; you need to stop.? She said Student had ?no reaction? and said, just want to hang out with [Student She said Student then told her ?it?s not in here.? She said she found out later that Student A had his cougar card the whole time. Student said, "He was so unaware of what was happening and she was so persistent about getting him back to her room.? She said, "She knew how drunk he was; everyone did; you could just see it on him.? Meow Student said he arrived at the residence hall ?really late? and his roommate brought him to Student B?s room. He said there were seven people in the hall outside her door including Student C. He Said he was trying to listen to what was going on inside the room. He said he left and went to the lounge for approximately one hour, then to Student C?s room with Student C?s boyfriend. He said that Student A was in Student C?s room and was talking about what had happened. Student said Student A said, generally, that he had had sex with Student B. He said Student A said something to the effect of should not have done that.W Student said that it was his understanding that Student A had regretted it. investigators asked Student to estimate Student A?s level of intoxication on a scale from one to ten when he encountered Student A in Student C?s room. He said that, at that time, Student A was at a six or seven and was "fairly fine.? He said Student A was not stumbling or slurring his words but he knew Student A had been drinking. He said Student A acts a "certain way? when drinking. He said Student A is more outgoing and expressive. eeuitt Final Memorandum to A. lussel, Page iuly 23, 2014 Student said that he was later in the lounge when Student A walked in and asked him if he knew what happened. He said he responded that he did know and "joked about it for a sec.? lnvestigators asked him to clarify what he meant by ?joked? and he said he had said, ?Damn [Student and StudentA had responded, ?Yeah.? He said it was "like, oh man, I screwed up.? He said that he had understood that Student A "didn?t like her at all.? Student said that after Student A left the lounge, Student 8 came in. He said he did not recall what she said but said, think said a few words to her.? He said she came in with her bathrobe on and sat down. He said, ?She was not intoxicated.? He said she was moving around ?fairly well? and "she seemed like I usually see her.? He said that he knew she had been drinking ?a little bit" based on what others had told him. Student said that, later, Student told him more about what had happened. Student reiterated to investigators what Student had told him, which was consistent with what Student told investigators. Student Student said that, on the night of the alleged incident, he was "like the only one on the floor who was sober.? He said that he had been with the group of friends, including Student A, who were playing drinking games at around 9-9:30 pm. He said Student A drank a fifth of Fireball and he had commented that Student A'had been drinking "a lot." He said he left the group shortly after Student 8 arrived, which was at approximately 10:30 ?1 'l :30 pm. Student said he did not see Student A or Student again until around 12:00 am. when he saw several residents standing outside Student B?s door listening to something. He said one resident said, ?"Oh my god. [Student 8] and [Student are about to do it.? He said someone knocked on the door ?trying to get it to stop.? He said they all knew Student A would not have wanted to engage in sexual activity with Student because he did not like her and he knew Student A was ?really drunk.? Student said Student came out of the room and walked down the hall. He said he told Student A, "You don?t want to do this; come out.? He said Student A said something to the effect of it?s too late.? He said that, at that point, Student 8 came running down the hallway and said, ??Stop, you?re gonna ruin it.? He said that Student and another resident pushed their way into the room and saw Student A naked. He said they came back out and the door closed. Student said Student A was "heavily slurring his speech? and was "stumbling and swaying.? Student said Student "did not seem intoxicated.? He said she was "walking like a normal person.? 5:08 PM active 34m ago I miss you Sent h'om mob'le ikfifi'fifig' r?m . You-feehng okay? I If 1 Jam :25. mats - . . . ['fldk-Iifyyou're upprinotEhBu?t?': whatwelrd and me?sed - Sounds like a good-time. - $532 26?, 226%, 8:23 ?afv?i- Yeah. Soirryabo?ut my. ?x . comments "earliie._r.__ wag literally-Stillhasle?p?zaid? I. :cextimg. .f ?goEmir: ikthe "Same page lol' {lilt's 6am Em Up 4.. 4 4.11 a: Lara. waking} me-up 'lol" I 5? in someone else's H. hSorry. g) - fr I'm tiredstiu. Andpassing out again . @We?playedazrageisx 27% if .31 '25 . Gk ?in?amma- . 353.? ?1.222%: "23$ 2'81? AM I You feeling okay? 2914,: ?2?in If. 4AM INVESTIGATOR: Anderson, Kimberly From: -- Sent: Tuesday' )uJy 15, 2014 3:23 PM TD: Andewson, Kimbefl Sum-m as; Sounds good. Thanks for the information, coNFmEmlAuw no any allachmem htrutuamthe properly alumsender. we malgua'sare pnwlaaed Wmmunlcahons mlendefl men", an, benefit, mamman al [he ahuvn mm :12 nouns Xmenued reuprent mum "mined maxany rewew, mm", dmvihutmn. nrrhetakini may om: mm in rufizuzl nnme cements UHMS "ansrn'usmn is many pmmbued, and :95qu legav l'ram'hty an yum pm 1. yau have mm m; e--mnd :rmr, Mensa nnh'ly the sender \mmedmc'y by yemymg by lelzphone why in 509439-7057, From' Anderson, K'mberly [mai'ta'andevsqufle I will Contact the student today regarding our investigation and memorandum Regards. Kimberly D. Anderson, Director Office for Equa' Oppov {unity This Coordinator State University Phone: 509--335--8288 Fax: 5093356483 eoM/s From: Sent: Tuesday, JUN 15, 2014 238 PM Anderson, Kimberry Subject-- Dear Ms. Anderson, wrung on belmf a- who rs subject ofan 0E0 mvestigatlun. She hasn'tyet received OED's memorandum renewing Invesngation and she Is concerned aboutstarting the next semester wmrauuznowmg what rs (ha memorandum Are you awe to Ewe me an estimate a. a when you expemo send ouHhe memorandum? Thanksfor any mformauon you can prov'der Very truly yours, coNmenAmv Tm; and any Herexo are me (onhdenl'm! plupuly a! (he sender, and [he mmeriab are gamma minded salary For lhevecelph hmsm, andmlarmahan arm: mended ruigient'mdkimd nbave yuu mm mm: [mended reuplenl. you are hereby named Um any capwug, lhemkmzahny mhcramnn mum an the mutant: :Vectmnit inmde and mz-(rault hall Mammy an your pm. rryou have receiucu tmzc-mnfl An error, muse by mbumifl, at 50533977102 3! 503-333-7037. a 0 fi 3M, Jussel. Adam From: Anderson, Kimberly Sent: Friday, May 02, 2014 212 PM To: .lussel, Adam Subject: FW: wsu Office for Equal Opportunity 20144118 From: Sent: Fridayl May 02, 2014 11:14 AM To: Anderson, Kimberly Subject: RE: WSU Office for Equal Opportunity 2014-018 Kimberly' I wanted to let you lcnow that I am fine to receive the memo Whenever it is ready, My finals next week are retakes of previous exams and i don't see the memo, either direction it goes, being a distraction from my studies. I do appreciate that you try to work around our schedules for finals. Thank iou) Sent using OWA for iPhone From Anderson, Kimberly Sent: Tuesday, February 11, 2014 9:13:39 AM To-- Cc: Jussel, Adam Subject: WSU Office for Equal Opportunity 20147018 Hello Msi -, I understand from Mr. Adam Jussel, Director of the Office of Student Standards and Accountability (copied), that you are considering filing a counter complaint regarding the interaction discussed in my letter to you dated January 31, 2014, I'd like to schedule atime for you to speak with me and Mr. JuSSel as soon as possible, At that time, we can discuss your counter complaint and response to the underlying allegations. You are welcome to bring an advisor with you to this meeting. Are you available to meet at 8:00 am, 3:00 or 4:00 pm, on Thursday, February 13, 2014? if none of these times will work, please give me a call and we can find another time that will. i have included in the attachments the WSU Policy Prohibiting Discrimination, Sexual Harassment, and Sexual Misconduct (Executive Policy 15), and a list of resources that may be available to you. Please don't hesitate to contact me if you have any questions, Regards, Kimberly D. Anderson Interim Director- Office for Equal Opportunity Title IX Coordinator Washington State University Phone: 509635-8288 Fax: 509-335-5483 . 'v n: i3 3'3. #5 Draft Memorandum to A. Jussel: . .ge A1 - July XX, 2014 fig} ll WI OEO Draft for Legal Review i 674] Summary of interviews Student A Student A said that on the evening of January 25, 2014, he was drinking alcohol with friends in a residence hall room. He said he had dinner at around 6:00 pm. and began consuming alcohol at approximately 10:00 pm He said he consumed a large amount of Fireball cinnamon whiskey and some amount of vodka as well. He said he was ?all over the place? that night. He said he had been "walking the hallways? visiting with others, many of whom were socializing and drinking alcohol as well. Student A said that over the course of the night he was consuming Fireball whiskey? straight from the bottle, and ultimately drank the entire bottle, which was a ?standard fifth.? He said he also drank vodka straight from the bottleybut he does not remember how much. Student A said that he encountered Student at approximately 12:00 am, two hours after he had begun drinking. He said that at that time,his level of intoxication on a scale from one to ten was at a ten. He said his memory of the night was blurry and that he did not remember the events leading up to his interaction with Student 8. He said he remembered tripping while he was in Student B?s room, and he remembered being in her room but not how he ?ended up? there. Student A said that while he was in Student 8?s room, she began kissing him and asked if he had a condom. He said he went back to the room where he had been drinking and asked if anyone had a condom. He said he did not recall if he had obtained a condom at that time. Student A said that while he was in Student B?s room, he ?kept asking for [his] fireball,? because he "just wanted her gone.? He said Student offered him vodka, which she had in her room, instead. He said that he continued to ask for his ?Fireball,? and Student eventually left the room to find it. He said that while Student 8 was gone, Student and Student came to the door to check on him but Student 8 came back, a??d?pushed them out the door and said "?we?re fine.? Student A said that when his friends were at the door;, he was unclothed. He said he thought Student 8 had removed his shirt, but does not recall how the rest of his clothes were removed. Student A said, "PeOple kept checking on me.? He said that, at approximately 12:00 am, Student had not found the bottle of Fireballyso he consumed the vodka she had given him. Student A said, ?From what I remember, there was sex.? He said he remembered ?snap shots? of what occurred. He said he remembered being on Student B?s bed and performing oral sex on her. He said that Student 8 was on top of himgand he remembered that Student had a bag of condoms. He said he could not remember if he had obtained the condoms earlier or if they used condoms that the Respondent had. Attier Draft Memorandum to A. lussei: . age A2 juiy XX, 2014 He said that "after even/thing happened; Student told him "let?s go to the shower.? He said Student performed oral sex on him in the shower; and he thought he had ejaculated in the shower. He said that at that pointghe was ?really and "wanted to leave,? but Student kept saying Waig?? and that she needed to wash her hair. gs. .. a. so.? We *5 ?ikg?? x" l, awe)? Student A said that, after the shower, he ended up; in Student C?s room, but wasn?tsure whether he had walked there on his own, or ifit'hgyt had found him. He said that while in Student C?s room, he hid from HH??"?said Student came to Student C?s door and asked for him, but he hid in the closet. He said Student told Student that Student A needed to come to her room to get his cougar cardyand Student said that she would get it. He said Student told Student C, ?No, [Student has to come get it.? He said Student went with Student to retrieve his card. Student A said that his memory was more clear during the time he was hiding in the closet; he estimated that his level of intoxication at that time,- was approximately a seven on a scale of one to ten. He said that at some time after Student left and While he was still hiding from her, she sent him Facebook messages which he did not respond to. Student A said that Student told him that when she was with Student B,she told her, "?You can get in trouble. He doesn?t want tog: to which Student said, ??Too late, we already had sexwow-e? Student A said he does not think Student drank any vodka when he did, and he did not know if she had been drinking that evening. He said he remembered that at some point 5 Student 8 told him, "I've always wanted to do this.? Student A said that if he had been sober he would ?absolutely not? have engaged in sexual contact with Student B, in part because he had never had sexual contact before this incident. He said he felt "violated" and ?uncomfortable? following the incident. Student Student said that on January 25, 2014, she had stayed home sick from workgbut she felt better later that evening. She said that at around 11:30 went to the lounge and saw a group of residents playing a card game. She said she played the game with them for about 30 to 40 minutes and went back to her room to change because she was coid. She said that, during that time, the group of residents moved to a resident?s room, and Student A had joined them. Student said that, at approximately 12:15 am, in the middle of playing beer pong, she went to her room to get a bottle of tequila. She said that the Resident Advisor came in a few times to remind them of quiet hours. She said they decided they did not want to play beer pong any more?so they puiied the desks together and played ?rage,? which consisted of 20 to 2.5 solo cups containing vodka and Hawaiian punch. Student said she thought Student A had not consumed alcohol prior to playing ?rage,? but that if he had it was ?maybe a shot or two of Fireball.? She said the bottle iatiae Draft Memorandum to A. Jusseli? . age A3 july XX, 2014 of Fireball was "pretty full? at the beginning of the night. Student 8 said the point of ?rage? is to make other people drink. She said that, between the first and second rounds, she consumed 14 to l5 cups, which she estimated to be approximately seven shots total. She said Student A consumed three or four cups during the first round. She said, kept losing so I drank the most.? Student said that, in between rounds, she had two more shots of tequila and two to three ??swigs? of Fireball. She said Student A was taking ?shorter shots: and she was taking "bigger drinks.? She said that, during the second round, Student A?s friends started giving her more cups to drink. She said she also began taking shots of Jack Daniel?s whiskey and left the room at around 1:30 am. to vomit in the restroom. She said she was gone for about five minutes and vomited four times. Student 8 said that, as she returned to the room, she stumbled and was "walking against the wall.? She said she saw Student A in the hallway and he asked where she was going. She said she told him she got something on her shirt and she was going to change. She said Student A began kissing her, as she leaned against her door for approximately one minute. She said she told him that if he wanted to have sex that night, he should get a condom. She said he walked down the hallway ?really fast? and returned with two condoms. Investigators asked Student what hers and Student A?s levels of intoxication were at that point in the evening, on a scale from one to ten. She said Student A was at approximately a four or five. She said he was ?a little bit past tipsy.? She said that she was at an eight because she could not walk, and she was slurring her words. She said she tried to clear a path to her bed and she fell and twisted her knee as she was getting off her bed. She said she had a clear memory of the evening. Student said she had expected Student A to come right back,and he was gone for about five minutes. She said he knocked,and she let him in. She said they went to her be and he fell as he was trying to take his clothes off. She said he pushed her on the bed and took her clothes off. She said they were kissing; and he pushed her down. She said, "i was too drunk for anything.? She said she put her robe on and went into the hall to look for the Fireball whiskey. She said Student A attempted vaginal intercourse but that was not working so she offered to perform oral sex, which she did on the bed. She said that she suggested they attempt vaginal intercourse again with another condom in the shower. She said that did not work either}so she ?just gave him another blow job.? fir-r?) Student said that, while they wentito the shower, which was located within Student B?s residence hall room, someone knocked on her door, and Student A told her to answer it. She said it was Studentdiwi and two or three fri'ehas. -.:said She was in her robe and had a towel around her hair because she had just beefi? the shower. She said they asked if Student A was in her roomfand Student A walked out to greet them while he was still naked. She said he said, "?Hey guys what's going on?? and they said, "?Don?t worry, we didn?t see anything.? amiss Draft Memorandum to A. lussel: . age A4 July XX, 2014 Stud ent~B.said ~s-he minuteswhen she .tLeard--aukn-o-clcathendoer. She said that after they lefgshe and Student A got back in the shower. She said that is when they attempted vaginal intercourse again for a few minutes. She said Student Atook off the condom,and she performed oral sex again for approximately 20 minutes. 1 Student said she and Student A got out of the shower and grabbed towels. She said they both drank Fireball whiskey and vodka for approximately ten minutes. She said they lay on the bed and were talking and making out, and then Student A wanted to find his left. Student said that after Student A had left, she went to activate her cougar card at a kiosk, but she could not read the screen due to E-Eiife level of h?e'i: intoxication. Student said she went upstairs, saw Student C, and asked her where Student A went. She said Student said, ??[Student went to bed. [Student 8] it?s time to go to bed. It?s 3:00 am.? She said she pulled out her phone and said, "No. it?s 2:50 am.? then went back to her room and lay down. She said that about 2030 minutes later another student knocked on her door and said, "?[Student is worried about his fireball.? She said she was "too tired? and did not ask why but gave it tokth??f Student to bed. Student said that the next morning, at around 8:00 am. she went to the loungfgig get ice for her knee,and she saw that the bottle of Fireball had less whiskey in it then; she remembered. She said she said that, mid?afternoon on Sunday, she went to the lounge and saw Student A, :EStudent and the resident who lived in the room where they had all been drinking. She said they were discussing how the night had gone. She said she saw Student A on that Sunday, Monday, and Tuesday and "everything seemed fine.? She said that she saw someone had written, ?Pray for Jay. Jay was taken advantage of,? on a whiteboard gand she erased it. She said that Student cashed seen . the same statement written on another whiteb.oard,and said, ?That?s rude? and also erased it. Sine-set; Student 8 said she thinks she was "a lot? more intoxicated than Student A. She said she has never thrown up before that night. She said, drank that night. I?m being punished Investigators understood these statements by Student 8 as her raising a complaint against Student A. (These allegations are addressed in the analysis and findings section of this memo). Student said that on the night of the alleged incident she had been hanging outwith eight or nine people, including Student A. She said she and the others were drinking, playing games, hanging out, and talking starting at around 9:00 pm. She said that she had not been drinking very much, but Student A was "very drunk." She said she has consumed alcohol with him previouslyiand he was "way beyond normal? that night. seats? Draft Memorandum to A. Jussei,i . age A5 July XX, 2014 Student said she saw Student A drink "almost a whole fifth of Fireball.? She said they played the drinking games ?beer pong? and "rage cage.? She said that Student came into the room while they were playing beer pong. She said Student went over to Student A and was touching his arms. She said she had met Student before and that Student was not drinking during the beer pong game. Investigators asked Student to estimate both Student A?s and Student B?s level of intoxication on a scale from one to ten. Student said that, at that point, Student A was at a seven or eight and Student was at a zero. She said Student A was slurring his speech, laughing, could not form sentences, was loud, had "heavy eyes,? and was swaying when trying to stand still. She said she did not know if Student had consumed alcohol earlier in the evening but based on how she was acting she "didn?t seem? to be intoxicated. Student said that, at around 10:00 they switched to playing rage cage. She said she believes Student was drinking at that point. She said that Student A and Student were not interacting with each other during the game. She said that after the game 3, Student started standing next to Student A. She said that, at that time, Student A?s level of intoxication was at a nine and Student B?s level of intoxication was at a two or three. Student said she saw Student A and Student at the end of the hall talking. She said Student A came back to the room and asked, "?Does anyone have a condom?? She said everyone in the room said, "?[Student you don?t want to do this.? She said Student A laughed and then left. She said that she and a few other students knocked on Student B?s door and said, ?We just wanted to say goodnight; and Student Opened the door a crack and said, Night.? She said she asked, "Can we say goodnight to [Student and Student said, "?[Student your friends say goodnight,? then closed the door. She said she knocked on the door again and said, ?We?d really like to see [Student A and she could see him behind Student B. She said he was ?fully naked? and that is how she knew he was past the point of being able to understand what was happening. She said, "He would never let me see him like that.? Student said three or four minutes later, Student came out looking for the Fireball and went to the end of the hallway. She said she knocked on Student B?s door ?to'get [Student A and Student heard her and ran back. She said Student went back in the room. Student said she knew Student A and Student were having sex because she could hear them in the shower. She said she heard Student 8 say, ??You like that?? Sh-e-said.. itwwae?teeawkwa-rd-AL Student said that, about 15 minutes later, Student A came to her room and said that he and Student had sex and he had told Student that he needed to check on his friends. She said she did not remember exactly what Student A said [but she understood from his body language that he was upset. She said that she understood from what he i Draft Memorandum to A. Jussei, age A6 juiy XX, 2014 was saying that ?he couldn?t believe he?d just did it.? She said he told her something to the effect of, reaiized what I was doinggso said needed to go see my friends.? Student said Student knocked on her door, and Student A hid in her closet. She said Student asked, ?ls [Student in here?? and she said, "No. He?s not.? She said Student said, heard his voice,? and she replied, "Not him.? She said Student asked to see Student A, and she said, "Not here? then closed the door. She said that, at that time, Student A?s level of intoxication was at a nine,and Student B?s level of intoxication was at a two. Student said Student knocked again and said, "?Tell [Student that he left his cougar card,? and she told Student B, ?I?ll come get it," and followed Student 8 to her room. She said that, as they walked down the hall, she told Student 8, ?You need to leave him alone; this could be considered tape; you need to stop.? She said Student had "no reaction? and said, just want to hang out with [Student She said Student [3 then told her ??It?s not in here.? She said she found out later that StudentA had his cougar card the whole time. Student said, ?He was so unaware of what was happening and she was so persistent about getting him back to her room.? She said, ?She knew how drunk he was; everyone did; you could just see it on him.? Student 1 3 Student said he arrived at the residence hall ?really late; and his roommate brought him to Student B?s room. He said there were seven people in the hall outsidebe?ijdoor including Student C. He said he was trying to listen to what was going on inside the room. He said he ieft and went to the lounge for approximately one hour, then to Student C?s room with Student C?s boyfriend. He said that Student A was in Student C?s room and was talking about what had happened. Student said Student A said, generally, that he had sex with Student 8. He said Student A said something to the effect of should not have done that.? Student said that it was his understanding that Student A had regretted it. Investigators asked Student to estimate Student A?s level of intoxication on a scale from one to ten when he encountered Student A in Student C?s room. He said that, at that time, Student A was at a six or seven and was "fairly fine.? He said Student A was not stumbling or slurring his words,but he knew he had been drinking. He said Student A acts a ?certain way? when drinking. He said Student A is more outgoing and expressive. Student said that he was later in the lounge when Student A walked in and asked him if he knew what happened. He said he responded that he did know and "joked about it for a sec.? Investigators asked him to clarify what he meant by ?joked? and he said he had said, ?Damn [Student and Student A had responded, ??Yeah.? He said it was ii ii- it Draft Memorandum to A. jussei: . age luiy XX, 2014 ?like, oh man, I screwed up.? He said that he had understood that Student A ?didn?t like her at all. {ii amigxgi?igis Student said that after Student A left the lounge, Student came in. He said he did not recall what she said but sdielr, think I said a few words to her.? He said she came in with her bathrobe on and sat down. He said, "She was not intoxicated.? He said she was moving around ?fairly well? and ?she seemed like 1 usually see her.? He said that he knew she had been drinking "a little bit? based on what others had told him. Student said that, later, Student told him more about what had happened. Student gee-itetatedete investigators what Student had told him, which was consistent with art?what Student told investigators. Student Student said that, on the night of the alleged incident, he was ?like the only one on the floor who was sober.? He said that he had been with the group of friends, including Student A, who were playing drinking games at around 9-9:30 pm. He said Student A drank a fifth of Fireball and he had commented that Student A had been drinking ?a lot.? He said he left shortly after Student 8 arrived, which was at approximately 10:30 - 11:30 pm. Student said he did not see Student A or Student again until around 12:00 am. when he saw several residents standing outside Student B?s door listening to something. He said one resident said, ??Oh my god. [Student and [Student are about to do it.? He said someone knocked on the door ?trying to get it to stop.? He said they all knew Student A would not have wanted to engage in sexual activity with Student 8 becauseh-ddid not like hegand he knew Student A was ?really drunk.? agitate" Student said Student 8 came out of the room and walked down the hall. He said he told Student A, ?You don?t want to do this; come out.? He said Student A said something to the effect of it?s too late.? He said that, at that point, Student 8 came running down the hallway and said, ?Stop, you?re gonna ruin it.? He said that Student and another resident pushed their way into the room and saw Student A naked. He said they came back out and the door closed. Student said Student A was ?heavily slurring his speech? and was ?stumbling and swaying." Student said Student 8 ?did not seem intoxicated.? He said she was ?walking like a normal person.? ?5 rave. Ln a" -. From: Anderson, Kimberiy Sent: Wednesda A n|23 2014 6:49 AM To: Cc: Subject: Fwd. Texts pm 1 Attachments: photo LPNs: photo 35m; photo photo Kimberly D. Anderson. Director Ofiice for Equal Oppollunity Tnle IX Coordinator Washington Sta'e University 5096358288 Begin forwmded message: Frum: Date: Apl'ilZS, 2014 at 2'2 "wS AM PDT To: Kimberly Anderson Qfidenonmfih Subje Texts part 1 Kimberly, here are some texts I sent from the night in question, Januauy 26th. I cannot get me last photo in the same email, so Iwfll send a second one shonly with the last text Sent from my iPad 101 a a :35 393$?: E?E?ifi?m 33 939$? graft. 1: 93}; 2-5feeling okay? I . 4 K. r. aim"; 1* 3? )5 .J 533:? I I IgIlclk '11? you're LIE {gr-notBut Ql l: 'what'vyelrd and messadf' - jMIup-beafutiful nlg?tg? .. M. Sounds like: I I i 3321'; Hill 'l ?ll-Iii Lg! 19151;. a . 1 I. mm 933, A: $5699 comm ants earlier-.6 l-Was literally still asleepand I "l gaming. - - 32:25 . Okay thenwe're both on the sa'r?ebage t's SAM thanks for waking - -. 3.95-3- F-lP'b' Wm?wag-:31:nw'mxiyiyszua??. r1?, --. #3 =46 'ltI?Is than up?lol . -, -. wail-m .. .. kg for waking .a I I insteone elsa?s .hou'Sef-F Can?t talk{Ilim tired still.Aan:{ passing. .- f, . fwd-e .liStem i9, YOH I ;.pl?yed?i?ag??fl @94? .9 I - g- A .9151LEP?@WR@??mr?gxarwv .. - - - . Fran-a; Anderson, Kimbev'y Sent: Wednesda A ril 23. 2014 6:45 AM Tu: cc- Subject Fwd: Texts pan 2 Attachments: phumPNG Kimberly D. Anderson, Damm- Office for Equal Opportunity Ti [13 IX Com'dhmlor Washington State University 50943578288 Begin forwarded message: From Date: April 23, 2014 at2122 1 AM PDT To: Kimhaxly Anderson Subject: Texts pan 2 Sam from my iPad lo} f?r?eu feelan okay?) :3 a! (a 2* A 5.. 32% jag $3.52 at "a i 1' :55, .2114. 3 91" .. {Swede 4'th vb -. .1 a 3 .MH wry; It ?Par. 1. 2 I .. :73 eff-tkli? tub?ii a? Magi XYeehn Berry about my comments eerlleh was literally stilt eeleep and X, atexting. 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Semass cu (Sufism) 2119mm 5mm Serums (5mm) "mum" . Wm Sun "my. eanFomerrzanupoijow 3 ?rat? 33.4. 4'15: . AM: la? a! 1 Adam 8 From: Anderson, Kimberly Sent: Wednesday, January 29, 2014 11:58 AM To: -. 5:2 Cc: Jussel, Adam 8 Subject: WSU Office for Equal Opportunity Categories: Today I recently learned about concerns you discussed with your Resident Advisor and I?d like you to loiovv about some resources available to you on campus and in the community (please see below). I?d also like you to know about the WSU processes in place to respond to the concerns you have raised, which may implicate the Policy Prohibiting: Discrimination and Sexual Harassment (Executive Policy 15), and relevant provisions of the Standards of Conduct for Students. Please see below for information about those processes. If you are willing, I?d like to schedule a time for you to talk with me and Mr. Adam Jussel, Director of the WSU Of?ce of Student Standards and Accountability (copied on this email), so we can discuss resources that may be available to you, and can coordinate an appropriate university response to your concerns. If you are willing to speak with us, I?d appreciate it if you would give me a call at 509-335?211101? respond to this email. Please do not hesitate to contact me if you have any questions or concerns, or if I can assist you in accessing any resources. Regards. Kimberly D. Anderson Interim Director Of?ce for Equal Opportunity Title IX Coordinator Washington State University Phone: 509-335-8288 Fax: 509?335?5483 unvwoeowsuedu The following resources are available on campus and in the local community: In most instances, care providers from the following resources can talk with you con?dentially about your concerns: WSU Health and Wellness Services (HWS): HWS offers a range of health services for students. You may contact this of?ce at 509-335-3575. For additional information, visit hd?ihs .f WSU Counseling and Testing Services: WSU Counseling and Testing Services provides con?dential and private counseling and can provide information about referrals and options, including helping you to access services related to academics, housing, transportation, and medication referrals. You may contact this of?ce at 50943354511. or additional information, visit counselwsuedu. Alternatives to Violence of the Palouse (ATVP): ATVP provides supportive services to all victims and survivors of domestic violence, sexual assault, and stalking. Services are confidential, free of charge and without discrimination. You may contact this organization twenty four hours a day, seven days a Week at 509-332-43 57 (HELP), and on campus at 509? 432?9971. For additional information, visit The following WSU offices can talk with you about your concerns and will share information only on a need-to-loiow basis, but cannot guarantee con?dentiality, as a matter of law: Dean of Students: The Dean of Students? Office can assist you in coordinating resources and support, such as changes in classes or your schedule. This of?ce also can help you resolve housing issues, notify faculty if you will be leaving campus for a short time, and assist you with other challenges you may encounter. You may contact the of?ce at 509?335-5757. For additional information, visit deanofstudents.wsuedu. Office for Equal Opportunity (0E0): This office works closely with the WSU Office of Student Standards and Accountability (OS SA) on student conduct cases involving discrimination, sexual harassment, and sexual misconduct. 0E0 conducts preliminary investigations, makes ?ndings of fact, determines Whether EP 15 was violated, and makes reconunendations to OSSA about further disciplinary actions. 0130 also can provide you contact information to file a complaint with state and/or federal agencies. You may contact OEO at 509~ 335-8288. For information about processes, visit oeo.wsu.edu. OSSA: OSSA works closely with 0130 on student conduct cases involving discrimination, sexual harassment, and sexual misconduct. OS SA participates in preliminary investigative meetings and addresses any disciplinary action, as approPriate, after the preliminary investigation is complete. OS SA administrates the student conduct system, and addresses potential violations of Standards of Conduct for Students. You may contact OSSA at 509-335-4532. For information about processes and the Standards of Conduct, visit Additional Resources: Student Legal Services: student government, Associated Students of WSU, has a Student Legal Services of?ce that may be available for consultation or referral to a local attorney. You may Contact this office at 509?335-9539. Additionally, please be advised that processes under Executive Policy 15 and the Standards of Conduct for Students are separate from any criminal process and can be pursued simultaneously. If you wish to ?le criminal charges or pursue a no contact order, you may contact the police. Also, at your request, we may assist you in reporting to one of the following agencies: WSU Police Department 509-335-8549 City of Pullman Police Department 509-334-0802 I Please be advised that student conduct process includes support and protection for individuals who have alleged a violation of WSU policies, including, but not limited to, the option to consult an advisor during the process, and the option to determine the extent to which that individual will participate in the process. Also, WSU policy prohibits retaliation against anyone who participates in the investigative and disciplinary processes mentioned above. Retaliation will be regarded as independent grounds for investigation, separate from any allegations of discrimination, sexual harassment, or sexual misconduct (51:35) @0004? '5 1'7] - H30 \maM drop 4. . . 5 '33 OD rP. m, \fM 1\ Ia'r "r has>> hofifreneczi film-N (wan- v'y" mom? WM '53 x'vvflimv 550'}: (J Mp1 wcsami MM 0.: 3mm" 7 mew} mm, (Lam 0(5) Arc>> Wme? 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Cm {210330, .1 (221%) ., .. .. .. 2&3 Wizmuw?wra II . . .. . 23mm . . .. ., . . . OX . a: 3: M. ?285 .. my Tqmuhm.__., Oi?mlma? Wu ??opmma, Ja Q?kCi? . .. 1. '0 . fin ME) %0 (ET) 3 :7 056% Wm] We, "Int 9/78?) 765306311 kc mam, keg; (Mum Sway) "761) mm. 61/1 dfl3(., "36:5 06900? W2: Welgmu Awm gawk ma, 99%! 36> Wen weva 2a: may; wmk" \mwgc exo ma. aw ("Ma \kabmv pg mm, M's'efisfi \'vDCfi' (EXCY @013)! M65 3n) [230" oEAfierfimm . I W1 - 3cm, cm, m& . 81". WAT 0Z2) (mi WM, mew?>> wmefi QM rm} 49W mfg/K. ,7 I 4 cwx-wagvza/aey > \mm mam, Kvfiomcbgiilw/g Wm: 0'5) VYLLI dm'dhe'vxd(Magma Magma" Qfl'z'x'e ("mule/r3) 06% . .z.\mao (Mzfi' brazfls. mm! 00% 530'40 @2 mg ., 027(7/wf5i SMGES .. mm?' {wk Claw . f? want? lew?s? mime-3r - Wi?g?r in) I 0 .m Records. Da Bryan From: Sent' 1' Subject Kimberly Anderson Inierim Director Office foi Equal Oppofluuity Washington Siaie University 50943543288 Begin forwarded message: Andersen, Kimberly Monday. February 17, 2014 2:22 PM Records, Daniel Bryan Fwd: CRMJ snideni miner Landon From "Andeison; Kimberly" Dal To: Subject: Fw Kimberly D. Andelson Interim Dimmer "17 2014 at4:21'13 PM CST RMJ student travel to London Office for Equal Opportunity Title IX Coordinator Washington State Univeisity 509-335~8288 Begin forwarded message. You may want to wrisult the Office of the Attorney General to discuss ihe legal implications in this matter. 509-3145726336 . I can only comment on the process for addressing conoems under the WSU Policy Prohibiting Discriminalian Sexual Harassmem and Sexual Misconduct As I discussed wminy office, ihe wsu Offiw for Equal Opportunity, is die gates allegaiions which implicate EP 15. Assuming that were conducting an investigation inio student conduct 1 000051 implicating EP 15, we would also work with the ornce of Student Standards and Accountability (OSSA) who would detennine whether the Standards of Conduct for Students (the Code) were violated. We are an impartial investigative office and do not thaw conclusions about violations of policy until the investigation is complete. Were we to find that a student had violated EP is, we would refer the matter to ossn to determine whether additional ptocesses are appropriate under the Code. If after the process is complete, an OSSA Conduct Officer or the Student Conduct Board aviclation of the Code, they may then consider imposing apptopn'ate educational sanctions. The university occasionally orchestrate: interim measures for the protection of both patties during an ongoing investigation; these may include changing residence hall assignments so the parties are not required to interact etc. But these are not sanctions, and are not intended to unduly burden either student's educational pursuits. I cannot comment on your arrangements with sludents regarding study abroad (tips, but can only suggest you review the parameters of your agreement with the student regarding how you will address allegations of misconduct. I would also suggest that you not consistently with your response to other situations where a student has disclosed that they are involved in an investigation or conduct process, I cannot comment on your policies related to alcohol use prior to or during the trip. Please let me know if you have any additional questions. Regnds. Kimberly D. Anderson luten'm Dilector Office for Equal Opportunity Title IX Coordinator Washington State University 509-335-8283 On Feb r4, 2014, at 1:53 PM.-- Wl'oie: Hi Kim: and I have been discussing the London study abroad she is leading over Spring Break. As you know, there is a student who will he palticipating in this (tip who is cunently a respondent in a student conduct complaint and who has previously received an alcohol--treated sanction (the student has informed me otthese complaints ditectly). we mm to be sure that it is appropriate to allow the participate in the London trlpi Obviously. will do all that she can to ensure the students are safe and obey local laws (for instance the drinking age is only 18 in England, I believe), but Ihey are (young) adults and (hale is only so much supervision that can be provided. So . . . could you let and I know if your oflfice deems it appropriate to allow is student to parliupate in the London [rip despite he: plevious and curlent conduct incidents? All I need is an e--mail saying it is OK (ar not), and we will rely on yum- judgement. Thanks, Mess/Jr, :painenc Affi me Faculiy. Washington State lnslimle for Criminal Justice Research ("isle wsugdu) Washingmn srais University Pullman. WA 99 [64 (509) 3354031 The times they are dark darkness covers the earth But (his world's filled with the newly oqud's work Hold tightm your promise, stay righteous, stay strong For the days of miracles will came along This is your sword, (his is yaur shizld This is the power aflove revealed Carry with you wharever you go And give all the love chatyau have in your soul Bruce Springsieen, This Is vnursword {2014i Records, Daniel Bryan Frum: Anderson, Kimberly Sent: Thursday, February 13, 2014 5:10 PM To: Records, Daniel Bryan Subject: Fwd: Student Inquiry Attachments: Kimberly D. Anderson interim Director Office for Equal Opportunity State suaraasaazxa Begin forwarded massage: Date: February 13, 2014 605:48 PM PST Anderson, Klmberl > WA yew--slur 1509733573180 wene 000845 Record Da Bryan From: Anderson, Kimberly Sent: Thursday February 13, 2014 1:23 PM To: Records. Daniel Bryan Subject FW - Case Anaehrnenrsr _canvo wru-- From ussei, Adam 5 Sent: Thursday, February 13, 2014 1:20 PM To: Andersnn, Kimberiy Subject: FW -Case FYI. Adam Iussel Dimm; erlml Star/ridea/IdAtMm/tabifity Washington University i mmn'gsei@wsnedui 509733579745 'conduct.\vsu.cdn From -- Sent: Thursday, February 13, 2014 12:57 PM To: Jmei Adam Subject: - Case Hey Adam, Here are addiriunai e-mails in regards to the .case. i'm not really sure inhese factor, but Drew mid me no! limit that may or may nut be related. Washingan sure University Deparrmem of Residence Lire Residemiai Education Director - Nanhside Hall 509-335-0077 "What lies hehinfl us and What Has hefove us are tiny manel's as compared to what lies within us." -Ralnh Walda Emerson Live Easy, Live Social, le2 close: LIVE DNI sray on campus another year! livean.wsu,edu Jussel, Adam From: Anderson, Klmberly Sent: Tuesday, February 11, 2014 3:42 PM To: -- Cc: Jussel, Adam Subject: RE: wsu Office for Equal Opportunity 2014-018 Hello We will plan to see you on Thursday at 4:00 Please come to the OED office. Regards. Kimberly D. Anderson Interim Director Oflice for Equal Opportunity Title IX Coordinator Washington State Phone: 509-335-8288 Fax: 509-335-5483 ww oeo.w. wrote: Hello Ms. - I understand from Mr. Adam Jussel, Director of the Office of Student Standards and Accountability (copied), that you are considering filing a counter complaint regarding the interaction discussed in my letter to you dated January 31, 2014. I'd like to Schedule a fime for you to speak with me and Mr. Jussel as seen as possible. At that time, we can discuss your countez complaint and response to the underlying allegations. You are welcome to bring an advisor with you to this meeting. 097M- Are you available to meet at 8:00 am, 3:00 p.111, or 4:00 pm. on Thursday, February 13, 2014? If none of these times will work, please give me a call and we can ?nd another time that will. Ihave included in the attachments the WSU Policy Prohibiting Discrimination, Sexual Harassment, and Sexual Misconduct (Executive Policy 15), and a list of resources that may be available to you. Please don?t hesitate to contact me if you have any questions. Regards. Kimberly D. Anderson Interim Director Of?ce for Equal Opportunity Title IX Coordinator Washington State University Phone: 509-335-8288 Fax: 509?335?5433 woeowsuedu <13? 15 2014 2.pdf?> Resourcespdf> Anderso her]! From: Jussel, Adam Sent: Monday, February 10 - Subject: Fwd- - and Kim. Can we discuss today? Thanks. Adam egin forvlm'ded massage: Date: rua I 14 .02 PM PST Tn: "Jussel, Adam Hi Adam, I talked to_ this morning and she said the best way to reach vuu would be through email was wondering if had anymore information in regards to a ofthe invesitgation or as to when lwill be comacted lorthe initial interview with ago and yourself. Also, when would be the best tlme ta me a countercomplaint? Th ank you, -- (wsu ID- 00004?>> Jussel. Adam From: -- Sent: Sunda February 09, 2014 10:49 PM To: Subject: @0064". =5 m; 0mm] haw" v' CHIN- 'zxx 1 . 1W um 1'12>> . .M you. who!" flux-Hm mwm991119Wk'rnmr' "Lime31?, mar WM v.3>>wa 'C'w (0M \1 33414" Wis 7 1w lam-j rim Ln 9 990541 fl; MU Anderson, Kimberly From: -- Sent: Friday, February 0 2014 12:13 PM To: Anderson, Kimberly Subject: FW. Change in class section Sen Frlda Februa 07, 2014 10:33 AM Tn Subject. Change In Class section Melynda Kim lam is nu longeranmlled ln_. She has dropped that course and reenruHed 'ln the _sectlon through wsu Global Campus effective 2/6/14, She is aware that she cannot attend the Unrcampu-D class/classroom. The department and instructor are also aware that she is nut allowed to be urgent at that Pullman class/classroom Karen Fischer Assistant Dean of Students Office af the Dean ofStudents French Buildl'ng, Ruum 134 Washington state University Pullman, WA 99154-1013 509 335 6665 000638 Anderson. Kimberly From: -- Sent: Thursday, February 06,2011! 9:42 AM To: Anderson, Kimberly; Jussei, Adam 3 -- Just a heads up to you both. For any university processes mat-- needs tn be engaged in, 1 will serve as he: advisor in those processes. I've reached out her indicate as such, but wanted you both to know that so we can be consistent with referrals for her, if needed. Thank you. Mel Melissa Morgan [Assistant Dean of Students Washington State University mm; Administraan 134 5093355757 I mfi.morgan@wsusedu my 1mm spiritualimvsuedu Cc>> Cougsl Anderson. Kimberly From: Anderson, Krmbeny Sent: Wednesday, February 05. 2014 1:04 PM To: Jussel, Adam a Subject: RE: - My schedule is open the rest of today. Feel free to call anytime, Thanks! - Kim From: Jussel, Adam Sent: Wednesday, February 05, 2014 12:51 PM Ta: Anderson, Kimberly Subject: Fwd: Klm, When vau have a moment, will vuu let me know when you can chat regarding this? Thanks. Adam Begin forwarded message: ebruarv s, 201A atS .50 PM EST Jussal, Adam Sublet - Adam, I'm notswe if/how you wuuld like (hls Information, bu_ continueslospeak my staff membels about the situation. They have Informed her that they have to report up and summanzed the context Ifyou need additlonal infurmatian, do not hesitatetoask. Thanks. Wash ngzon Stale Unlversily Department of Residence me Residentla] Education Direcmr - Norlhside Hall 509-335-0077 'Wllat hes behind us and what lles before us are tiny matters as compared to what Hes within us." Ralph Waldo Emerson Live Easy, Live Social, Live Close: UVE Stay on campus anather year! 1 WHEN Iiveon.wsu.edu ?ne (3 AW .19.. Anderson, Kimberly From: 58M: 5 Has a 2014 11'41 AM To: Subject: Conversations pulled me aside and told me that she wanted to talk with me. During our conversation Friday night (1/31) with--told merhatshe was moved because she is being allegedly accused bisexual assault or harassment (I cannot remember the speciflcwurd she used). told her that would have to report up and not out. she told me that while she was moving out she used the elevator with--a iriend oi his, and the kid that is also involved in the incident said the kid said hi to her, she couldn't understand why a guy who says she "raped" him would say hi. The second tonversalion i had with --was Monday evening. She sat down with me tn write her statement She ended up the night and create a timeline. Here is what I recall from the timeline:11:30ish played cards Against Humanities with a few other from her flannAfterward' they went to another room and began to start drinking. The residEnt(s) of the room were not there the whole night. she said other people were alreadythere when she arrived, They played a game called Rage and some boys kept pinking herto drink including-she recalled about 15th drinks that night went to the community bathroom to puke and got some on her shirt. when she went to go change met her in the hallway and began to start kissing her in the hallway She said that ithe wanted to have sex that he needed to get a condom. while-wentto get a condom,_ cleaned off her bed and sprained her knee. Once they were done. eit and had a iriend come back to grab his Firebzii was hen out to bed by a friend, @00034 Anderson. Kimberly me: Se To Subject: 4, 2014 8. 7 AM $00033 WASHINGTON STATE UNIVERSITY EXECUTIVE POLICY MANUAL Executive Policy #15 Revision Approved January 16, 2014 Policy Prohibiting Discrimination, Sexual Harassment, and Sexual Misconduct POLICY Purpose Discrimination in all its forms, including discriminatory harassment, sexual harassment, and sexual misconduct (including sexual assault and other sexual violence), destroys mutual respect and a trusting environment, can bring substantial personal harm to individuals, and violates individual rights. Such behaviors are prohibited and are not tolerated at WSU. This policy expresses WSU's commitment to maintain an environment free of all forms of discrimination. This policy applies to all students, faculty, staff, and others having an association with the University, including but not limited to such personnel at all campuses and WSU employment sites. Definitions of terms follow below. In some cases, certain definitions from the Standards of Conduct for Students are incorporated into this policy and apply to all persons subject to this policy, notwithstanding the applicability of the student conduct procedure. WSU is also committed to the principles of free inquiry and free expression; vigorous discussion and debate are fundamental to the University. This policy is not intended to stifle teaching methods or freedom of expression. Discrimination, as prohibited in this policy, is conduct that is neither legally protected as an expression of free speech, nor the proper exercise of academic freedom. Discrimination compromises the integrity of the University, its tradition of intellectual freedom, the trust and respect expected in the University community, and the rights of individuals. Discrimination Prohibited This policy prohibits discrimination on the basis of the following protected classes and/or characteristics: Race; Sexlgender; Sexual orientation; Gender identity/expression; Religion; Age; Color; Creed; National or ethnic origin; Physical, mental or sensory disability, including disability requiring the use of a trained service animal; Marital status; Genetic information; and/or Status as an honorably discharged veteran or member of the military. Page i of 10 WASHINGTON STATE UNIVERSITY EXECUTIVE POLICY MANUAL Executive Policy #15 Revision Approved January 16, 2014 Policy Prohibiting Discrimination, Sexual Harassment, and Sexual Misconduct Discriminatory harassment, a form of discrimination, is also prohibited. (See also "Sexual Harassment Prohibited" below.) Discriminatory harassment is improper conduct toward a particular individual, individuals, or groups on the basis of one or more of the protected statuses indicated above, that is sufficiently severe or pervasive that it has the purpose or effect of: 0 Creating an intimidating, hostile, or offensive environment; or 0 Unreasonany interfering with the work, academic performance, living environment, personal security, or participation in any WSU activity. Examples of behaviors that may constitute discrimination include, but are not limited to: Denying someone an employment or educational opportunity or benefit because of their gender, race, or disability; Treating individuals differently because of their national origin or age (for example, giving them less advantageous working conditions); Following a practice or policy that disproportionately impacts women or members of the military; or Name calling,jokes, or other verbal or physical behavior towards a person based on their religion, sexual orientation, or perceived sexual orientation. Sexual Harassment Prohibited Sexual harassment is a form of discrimination based on sex and/or gender and is prohibited by this policy. Sexual harassment encompasses unwelcome verbal or physical conduct of a sexual nature. Sexual misconduct, which includes sexual assault and other sexual violence, is a form of sexual harassment and also is prohibited by this policy (see below). Sexual harassment also encompasses gender?based harassment," which means harassment of a non?sexual nature that occurs because of a person's sex and/or gender. It includes harassment based on the person?s nonconformity with sex and/or gender stereotypes. Quid pro quo sexual harassment occurs when: 0 Submission to such conduct is made either explicitly or implicitly a term or condition of any individual's employment or education; or 0 Submission to or rejection of such behavior by an individual is used as the basis for employment or educational decisions affecting the individual. Sexual harassment creates a hostile environment when behavior is sufficiently severe and pervasive to interfere with an individual?s work or educational performance, or creates an intimidating, hostile, or offensive work or educational environment. Page 2 of 10 a? (3233 $1733 -. - WASHINGTON STATE UNIVERSITY EXECUTIVE POLICY MANUAL Executive Policy #15 Revision Approved January 16, 2014 Policy Prohibiting Discrimination, Sexual Harassment, and Sexual Misconduct Examples of behaviors that may constitute sexual harassment include, but are not limited to, the following: 0 Physical assault; Direct or implied threats that submission to sexual advances will be a condition of employment, work status, promotion, grades, work references, or letters of recommendation; Sexual behavior that is unwelcome. Such behavior may include, but is not limited to, the following: 0 Comments of a sexual nature; 0 Sexually explicit statements, questions,jokes, or anecdotes; 0 Unnecessary or undesirable physical contact; 0 Unwanted, offensive, and/or uninvited comments about another's physical appearance; 0 Display of pictures with sexual content; 0 Persistent, unwanted attempts to change a professional relationship to an amorous relationship; 0 Subtle propositions for sexual activity or direct propositions of a sexual nature; 0 Uninvited letters, e?mails, telephone calls, or other correspondence referring to or depicting sexualactivities; and/or - 0 Any of the above carried out via the Internet or social media ("cyber harassment"). Other offenses that may constitute sexual harassment when based on sex and/or gender include, but are not limited to: 0 Threatening or causing physical harm, extreme verbal abuse, or other conduct, which threatens or endangers the health or safety of any person; Intimidation, which is defined as implied threats or acts that cause a reasonable fear of harm in another; Hazing, as defined in WAC 504?26?206; Bullying or workplace violence, as defined in BPPM 50.30; Domestic violence and dating violence; Stalking, as defined in WAC 504?26?223. Page 3 of 10 WASHINGTON STATE UNIVERSITY EXECUTIVE POLICY MANUAL Executive Policy #15 Revision Approved January 16, 2014 Policy Prohibiting Discrimination, Sexual Harassment, and Sexual Misconduct Sexual Misconduct Prohibited Sexual misconduct is a form of sexual harassment and is prohibited by this policy. The definition of sexual misconduct in WAC 504?26?221 is used for purposes of this policy. Sexual misconduct includes sexual assault and other sexual violence. Reporting WSU strongly encourages reporting of all forms of discrimination, sexual harassment, and sexual misconduct. WSU takes such reports very seriously. Anyone who believes they are a victim of any violation of this policy, or any third party who witnesses or becomes aware of a violation, is to take one or more of the following actions, as apprOpriate. NOTE: All WSU employees have additional obligations (see "Employee Reporting ReSponsibilities" below). Report the incident to the Office for Equal Opportunity or to a Title IX Co-Coordinator, who reports the incident to the Office for Equal Opportunity. The list of Title IX Co? Coordinators is available from the CEO website at: Report the incident to Human Resource Services (regarding alleged misconduct by employees), which reports the incident to the Office for Equal Opportunity. Report the incident to the Office of Student Standards and Accountability (regarding alleged misconduct by students), which reports the incident to the Office for Equal Opportunity. - Report the incident to an employee with supervisory or advisory responsibility, who reports the incident to the Office for Equal Opportunity. For incidents on urban campuses, online campuses, or Extension facilities, report the incident to the designated Title IX Liaison for that area, who reports the incident to the Office for Equal Opportunity. The list of area Title IX Liaisons is available from the OED website at: After an incident is reported, WSU takes appropriate steps to stop the discriminatory behavior, prevent its recurrence, and remedy its effects. These steps include a prompt, effective, and impartial investigation. (See "Investigation Procedures" below.) The Office for Equal Opportunity, generally within one working day of its receipt of a complaint, provides written materials to the complainant summarizing relevant policies, procedures, and available resources. Such materials include a contact person for questions or comments regarding this policy and the complaint procedures. Page 4 of 10 WASHINGTON STATE UNIVERSITY EXECUTIVE POLICY MANUAL Executive Policy #15 Revision Approved January id, 2014 Policy Prohibiting Discrimination, Sexual Harassment, and Sexual Misconduct Reporting Criminal Behavior WSU encourages students and others to report incidents of sexual misconduct, sexual assault, or other crimes or potential crimes to police. process under this policy is separate from the criminal process and can be pursued simultaneously. (See ?Investigation Procedures" below.) Confidential Consulting Anyone who believes they are a victim of any violation of this policy is encouraged to consult with a licensed health care provider, or counselor (see "Resources" below). By law, such professionals are able to assist victims confidentially and are exempt from legal obligations to report incidents for investigation, with some exceptions (for example, child abuse, elder abuse, certain threats of harm). Employee Reporting Responsibilities Incidents Involving Sexual Harassment or Sexual Misconduct All WSU employees who have information regarding an incident or situation involving sexual harassment or sexual misconduct are required to report the incident to the Office for Equal Opportunity or to one of the designated Title 1X Co?Coordinators. The list of area Title IX Co- Coordinators is available from the 0130 website at: The only exceptions to this requirement are those employees who arestatutorily barred from reporting (for example, mental health care and health care providers who are acting in their capacities as mental health care or health care providers). Incidents of Discrimination That Do Not Involve Sexual Harassment or Sexual Misconduct WSU employees with supervisory responsibility must report all incidents of discrimination and harassment to the Office for Equal Opportunity, inciuding incidents that do not involve sexual harassment or sexual misconduct. All other WSU employees are strongly encouraged to report incidents of discrimination and harassment that do not involve sexual harassment or sexual misconduct. Interim Measures In some cases, WSU employees with supervisory responsibility must take immediate action to end offending conduct and protect the well-being of the complainant. Supervisors must take such interim measures in consultation with HRS and the WSU Division of the Attorney General's Office. (See also "Investigation Procedures a interim Measures" below.) Page 5 of 10 ?339 $33.5 <35 r33 23:; OD WASHINGTON STATE UNIVERSITY EXECUTIVE POLICY MANUAL Executive Policy #15 Revision Approved January 16, 2014 Policy Prohibiting Discrimination, Sexual Harassment, and Sexual Misconduct Other Reporting In addition, all employees should: Consider reporting incidents to police if suspicion exists that a crime was committed. For concerns about confidentiality laws (for example, FERPA), consult with the WSU Division of the Attorney General?s Office; Report alleged incidents to a higher level supervisor and/or Human Resource Services; and Encourage reporting individuals to consult with the Office for Equal Opportunity. Sexual Harassment and Discrimination Awareness Training All WSU employees are required to complete sexual harassment and discrimination awareness training. Individual units may require additional training. Retaliation Prohibited This policy prohibits retaliation. Retaliation includes any act that would dissuade a reasonable person from making or supporting a complaint, or participating in an investigation, under this policy. It includes any action or threat of action that could negatively affect another?s employment, education, reputation, or other interest. Retaliation is a separate and distinct violation of this policy. Retaliatory acts should be reported immediately to the Office for Equal Opportunity and are handled effectively, and equitably. Investigation Procedures The Office for Equal Opportunity conducts prompt, fair, effective, and impartial investigations of incidents of alleged discrimination, sexual harassment, and sexual misconduct.? For complete information regarding investigative procedures, consult the Office for Equal Opportunity?s Procedural Guidelines for Responding to Allegations of Violation of the WSU Policy Prohibiting Discrimination and Sexual Harassment. To view the guidelines, select the Complaint Procedures link at: Investigations under this policy are subject to the following: - Confidentiality. WSU takes confidentiality seriously, but limitations exist. Investigative information is shared with others on a need-to-know basis, including with investigators, witnesses, the accused individual, and relevant WSU officials, or as required or permitted by law. In some cases, the investigation file may be subject to requests for public records; WSU redacts identifying or other information when legally permissible. When a complainant requests confidentiality, WSU reSpects that request to the extent possible while meeting its legal obligations. Page 6 of 10 asasar WASHINGTON STATE UNIVERSITY EXECUTIVE POLICY MANUAL Executive Policy #15 Revision Approved January 16, 2014 Policy Prohibiting Discrimination, Sexual Harassment, and Sexual Misconduct Con?ict of Interest. An investigator does not participate in an investigation in which he or she has a conflict of interest. A conflict of interest means the existence of an interest that could reasonably affect or appear to affect the impartiality of the investigator. - Criminal Complaints. Under this policy, a complainant has the right to file a criminal complaint with the police. The criminal process can be pursued simultaneously. WSU does not wait for the conclusion of a criminal case to investigate possible violations of this policy. In some cases, a temporary suspension of WSU's investigation may be necessary when requested by law enforcement. However, WSU's investigation resumes once WSU is notified by law enforcement that it may proceed. An outcome reached in a criminal process does not necessarily determine the outcome of WSU's process. - Interim Measures. WSU takes apprOpriate interim steps before a final resolution to support and protect the complainant, as needed. Such steps may be taken regardless of whether complainant wishes to pursue the complaint. WSU may impose a "no-contact" order, which typically includes a directive that the parties refrain from having contact with one another. Other interim measures include, but are not limited to, alter mg the academic, WSU housing, and/or WSU employment arrangements of the parties. When taking such steps, WSU seeks to minimize unnecessary or unreasonable burdens on either party; however, every reasonable effort is made to allow the complainant to continue in his or her academic, WSU housing, and/or WSU employment arrangements. Violations of such protective measures may lead to disciplinary action. Participation of Parties. When appropriate, WSU seeks the consent of the complainant to proceed with an investigation but informs each complainant that alleged violations of this policy may be investigated regardless of consent. If any party or witness declines to participate in an investigation, WSU continues the investigation to the extent possible. WSU, as an employer, expects all employees to participate and cooperate with all investigations. 0 Investigation Process. The complainant and the respondent are given the opportunity to provide information and evidence to the investigator, including names of witnesses. The parties are also given the opportunity to provide oral and written statements. Except in extraordinary circumstances, both parties are given written notice of the outcome of the investigation, an Opportunity to respond, and an Opportunity to appeal. For cases in which the reSpondent/accused is a student, the opportunity to appeal is provided through the student conduct process. For other cases, the Opportunity to appeal is provided through the Office for Equal Opportunity?s procedural guidelines. a Standard of Proof. WSU uses a "preponderance of the evidence? legal standard to evaluate allegations of violations of this policy, which means it is "more likely than not? that the behavior or incident in the complaint occurred. Timefrarnes. The Office for Equal Opportunity seeks to complete all investigations after receipt of a complaint. An investigation of sexual assault, sexual misconduct, or domestic violence is completed within 60 calendar days unless there is good cause to extend that time frame. Page 7 of 10 WASHINGTON STATE UNIVERSITY EXECUTIVE POLICY MANUAL Executive Policy #15 Revision Approved January 16, 2014 Policy Prohibiting Discrimination, Sexual Harassment, and Sexual Misconduct Enforcement and Disciplinary Sanctions The University vigorously enforces this policy. Persons determined to have violated this policy are subject to sanctions imposed using the due process protections of applicable University policies and handbooks the WS Faculty Manual, the Administrative Professional Handbook, WAC 357-40 (civil service employees), applicable collective bargaining agreements, or the WS Standards of Students, WAC 504?26). The chosen sanction is to be adequately and appropriately severe to prevent future offenses. The sanctions that are imposed, or other actions taken, are reported to the Office for Equal Opportunity by the administrator who imposes the sanctions. Malicious or Frivolous Allegations Prohibited The University disciplines members of the University community who knowingly make false or frivolous allegations of discrimination, sexual harassment, or sexual misconduct. No complaint is considered malicious or frivolous solely because it cannot be corroborated. Office for Equal Opportunity French Administration, Room 225 Pullman, WA 99164-1022 509?335?8288 RESOURCES Other resources may also help in the resolution of reports of discriminatory or sexual harassment behaviors. WSU Title IX Coordinator, Co-Coordinators, and Liaisons: WSU Title IX Coordinator: WSU Title IX Co-Coordinators and Liaisons: Kimberly Anderson For the list of current Title IX C0?Coordinators Lead Coordinator and and campus Liaisons, see the OEO website: Interim Director of Of?ce for Equal Opportunity French Ad 225 anderson34@wsu.edu 509-335-8288 Internal, Local, State, and Federal Resources: WSU Pullman-Employee Assistance Program Washington Department of Personnel Washington Building, Room 660 Employee Assistance Program Pullman, WA 99164-2302 (For employees at all WSU locations): 509-335-1744 1-877-313?4455 (toll free) Page 8 of 10 Mil-Hid WASHINGTON STATE UNIVERSITY EXECUTIVE POLICY MANUAL Executive Policy #15 Revision Approved January 16, 2014 Policy Prohibiting Discrimination, Sexual Harassment, and Sexual Misconduct Internal, Local, State, and Federal Resources (cont): WSU PullmanmCouuseling and Testing Services 280 Li ghty Student Services Pullman, WA 99164?1065 509?335-451 http://counselwsueduf WSU Tri-Citiesu-Counseling Services Tri-Citics West Building 269 Richland, WA 99354 509-372-7153 WSU Pullman-uHealth and Wellness Services Washington Building Pullman, WA 99164-2302 509-335?3575 hws@wsu.edu Human Resource Services French Administration, Room 139 Pullman, WA 991644014 509?335-4521 WSU Police Public Safety Building Pullman, WA 99164??300 509-335?8548 For Emergencies: Dial 911 Alternatives to Violence of the Palouse, Inc. WSU Spokane?Counselin Services Academic Center 145C Spokane, WA 99210-1495 509?358?7740 scvering@wsu.edu WSU Vancouver Counseling Services Student Services Center, rooms 111 113 Vancouver, WA, USA 98686-9600 360-546-9238 Health and Wellness Services (For students at all WSU locations) 24 Hour Consulting Nurse: 509? 335-3575 Regional Human Resource Services Spokane: 509-358-7740 Tri-Cities: 509-372?7302 Vancouver: 360-546-9587 University Ombudsman Wilson-Short Hall, Room 2 Pullman, WA 99164-4002 509-335?1195 (Serving all campuses) 24 hour crisis line: 1-877-334-2887 or 208-883-HELP or 509-332-HELP. Collect crisis calls accepted. Pullman, WA Of?ce 1125 NW Nye, Suite A PO Box 37 Pullman, WA 99163 509-332-0552; Fax: 509-332-3314 Home@aWp.org Page 9 of 10 Ci?? 633? a "i we WASHINGTON STATE UNIVERSITY EXECUTIVE POLICY MANUAL Executive Policy #15 Revision Approved January 16, 2014 Policy Prohibiting Discrimination, Sexual Harassment, and Sexual Misconduct Internal, Local, State, and Federal Resources (cont): US. Dept. of Education, Office for Civil Rights US. Equal Employment Opportunity Commission Federal Office Building Federal Office Building, 915 Second Ave Room 3310 909 First Ave Suite 400 Seattle, WA 98174-1099 Seattle, WA 98104?1061 Washington State Human Rights Commission Olympia Headquarters Office Seattle District Of?ce Spokane District Of?ce 711 South Capitol Way, #402 Melbourne Towor #921 Rock Point Plaza 111 PO Box 42490 1511 Third Ave. 1330 North Washington St, Suite 2460 Olympia, WA 98504-2490 Seattle, WA 98101-1626 Spokane WA 99201 360-753-6770 206-464-6500 509668?3 196 Page The following resources are available on campus and in the local community: In most instances, care providers from the following resources can talk with you confidentially discuss your situation with you: WSU Health and Wellness Services (HWS): HWS offers a range of health services for students. You may contact this office at 509-335-3575. For additional information, visit hws.wsu.edu. WSU Counseling and Testing Services: WSU Counseling and Testing Services provides confidential and private counseling and can provide information about referrals and options, including helping you to access services related to academics, housing, transportation, and medication referrals. You may contact this office at 509-335? 451 i. For additional information, visit counsel.vvsu.edu. The following WSU offices will share information about your situation with others only on a need-to-know basis, but cannot guarantee confidentiality, as a matter of law: Dean of Students: The Dean of Students? Office can assist you in coordinating resources and support, such as changes in classes or your schedule. This office also can help you resolve housing issues, notify faculty if you will be leaving campus for a short time, and assist you with other challenges you may encounter. You may contact the office at 509-335-5 757. For additional information, visit Office of Student Standards and Accountability (OSSA): OSSA works closely with OEO on student conduct cases involving discrimination, sexual harassment, and sexual misconduct. OSSA participates in preliminary investigative meetings and addresses any disciplinary action, as appropriate, after the preliminary investigation is complete. OSSA also administrates the student conduct system, including conduct officer and conduct board hearings, and may impose sanctions on students if they are found to have violated Standards of Conduct for Students. You may contact OSSA at 509-335? 4532. For information about processes and the Standards of Conduct, visit standards.vvsu.edu. 0E0: This office works closely with OSSA on student conduct cases involving discrimination, sexual harassment, and sexual misconduct. OEO conducts preliminary investigations, makes findings of fact, determines whether the WSU Policy Prohibiting Discrimination and Sexual Harassment was violated, and makes recommendations to OSSA about further disciplinary actions. OEO also can provide you contact information to file a complaint with state andior federal agencies. You may contact OEO at 509? 335-8288. For information about processes, visit oeo.wsu.edu. Student Legal Services: student government, Associated Students of WSU, has a Student Legal Services office that may be available for consultation or referral to a local attorney. You may contact this office at 509-335-9539. Kimberiy Interim Director twice far Equei Opportunity Washington State University 509733578188 Begin forwavded message: Fvom Date anuary 31, 2014 at 1 102 PM PST To: "Anderson, Kimberiy" (andersun34 wsu.edu> Cc-- Jusseh Adam (adam. usselesu.edu> subject: Re: WSU office for Equal Opportunity 20147018 Thank you tn. the letter expiaining everything. ijust wanted you to let you both know that the cempiainant made me aware early iasi week that we have a ciess together. i have nutyetseen him in the butieityeu bath sneuld forfuture reference Sent from myiPhone Onlan 31, 2014, at 5:53 PM, "Anderson, Kimberiy" wrote: Dear - Please see the attached letter. Someone from my office will contact you soon to schedule an interview. Regards. Kimberly D. Anderson Interim Director Office for Equal Opportunity Title IX Coordinator Washington State University Phone: 509635?8288 Fax: 509?335-5483 <20140131174123607.pdf> 15 2014.pdf> Resources WSU Pullman.pdf> Records, Daniel Bryan From: Andevson, Kimberly Sent Monday, February 03, 2014 3:25 AM To: Records, Danie] Bryan Subject: FW: wsu Office for Equal Oppaimniiy 20147013 From: Anderson, Kimberly Sent: Frlday, January 31, 2014 7:24 PM To: Huskey, Melynda Subject: Re: wsu Office for Equal Opportunity 2014-013 Supul Thank you" -Kim Kimberly D. Anderson Intu'im Director Office for Equal Opponuniiy Washington State Univcxsity 5096358288 On Jan 31, 2014, ai 7:16 PM, "Husksy, Melyn Wmte: We'll waik on it on Monday! Thanks, Kimberly M, Sent fi'om my iPad On Jan 31, 2014, at 6:22 PM, "Anderson, Kimberly" Begin forwarded message: Fram: "Anderson, Kimberly" "Huslmy, Melyndu" "Fmire, Juhn" Subject: FW: wsu Office for Equal Opportunity 2014-018 From: Anderson, Kimberly Sen Friday, January 31, 2014 5:53 PM sse 1 Subject: WSU Office for Equal Opportunity 201401 8 Dear Ms. - Please see (be attached letter. Sameone from my office will mntact you soon to schedule an iumiew. Regards. Kimberly D. Anderson Interim Dixectox Office for Equal Opportunity TiLle IX Coordinatol Washington State University Phone; 509-335--3288 Fax: 5093355483 Rssoumes WSU Pullman.pdf> 000018 WASHINGTON 7 Ianuary 31, 2014 via Electronic Mail Ms. -- Washington State University Dear Ms. - This message is official notice to you that the Washington State University (WSU) Office for Equal Opportunity (0E0) investigation in response to information this office received today, fromahe Complainant), a male WSU undergraduate student. Specifically, the Complainant alleged that on or about the night of January 25, 2014, you subiected him to unwanted, non-consensual sexual it is my understanding that the Complainant does not want you to contact him further. Do not attemut to contact the Complainant or anvone involved in the alleqed incident directly through a third party or through any other means. University Policy and Progess These allegations implicate the WSU Policy Prohibiting Discrimination and Sexual Harassment, Executive Policy #15 (EP 15, see attached copy), and warrant this 's role in this matter is solely that of neutral finder of fact, We of Student Standards and Accountability (OSSA) who will determine whether provisions of the WSU Standards of Conduct for Students are implicated. 0E0 will make every effort to carry out a prompt and effective investigation. It you know of any witnesses you believe 0E0 should interview, please provide us witnesses 0E0 determines may have relevant information. Also, please provide this office all records and documents in your possession or control that are relevant to this matter. Fiend! Administration 225, to Box 541022, Pullman. WA gnu-mu 50%33543288 - Fax. 509-335 5453 - oeoeleumu - ed" Notification Letter to- Page 2 January 31,201>> We are aware that you may need to interact with some potential witnesses in the performance of your educational and other activities at WSU. ljowever you hould not attempt to influence pot tne ses or alter or destroy any records re ateg to the events 1) ng nves gated. WSU expecc you to cooperate in all phases of the investigation and ensuing actions. You are prohibited from engaging in any form of retaliation against the Complainant or any other person participating in, or whom you believe will participate in the investigation. Any adverse action against the inberests of any such individuals, which is found to be retaliatory, will comprise a separate and distinct violation of EP 15, as well as other WSU policies, including the Standards of Conduct for Students. You should regard the interests of anyone who cooperates in OEO's investigation as broadly defined, including their personal and professional reputations. After the investigation is complete, 0E0 will issue an investigative memorandum with factual findings, a conclusion with respect to whether EP 15 was violated, and a recommendation to OSSA as to whether further proceedings are warranted. OSSA will provide this memorandum to the University Conduct Board if the matter proceeds. A copy of this memorandum will also be provided to you and the Complainant with student names redacted to protect student privacy. [would like to schedule a time for you to speak with me and Mr. Adam Jussel, Director of OSSA (copied on this email), as soon as possible; will Contact you soon to schedule a time. i encourage you to provide a written response to these allegations; however, a written response is not mandatory. Please see the attached list of resources that may be available to you. Please contact me if you have any questions. Sincerely, f/ ,y 7w 9 '1 Kimberly D. Anderson Interim Director Enc: List of Resources EP 15 00001? Jussel, Adam Fro -- Sent: Thursda ,Januar 30 2014 12' 4 PM To: Jussel, Adam Cc: Subject: Categories: roday Hi all, i met with _around 11:00, but was limited in being able to answer her questionswith the details that she was seeking. Hertwo primary questions were "Why/What is this situation?" and "Timeline?". We discussed that this must be frustrating ior her but that at this time I could notgive her any more detail on the "Why" otherthan that we received a report which allegesthat she may he in violation ofthe code ofconduct. (l did reiterate the language about interirn move several times). told herthatthe report was still being reviewed and once that is iinisned an investigation may begin. lThere was no discussion of what those circumstances might be.) did update her that she will not be trespassed from Southside dining so thatshe can continue herernployrrlent With them. I also clarified thatshe could return to- hall to collect her mail with an advance appointmentwith an RED, she had one other housing issue thatwe also resolved la card not working->, dollars that would he nonrefundable. Any insight on this one? Thanks all, Associate Director, Residence Life 1 Jussel, Adam Wednesday, Janllavy 29, 2014 12.54 PM Andoison, Kimberly; Huskey, Melynda Fwd: 2 updates See the and of lhis message for info regarding -. Any thaughts? Adam Begin forwarded message: Dat anuary 29, 2010 at 12 8 PM PST ussel, Adam (adzm. ussel wsu,edu> subjunz updates Hi Adam, Also, there is an incident recur-that came inthis morning regarding a sexual assauh in Olympia hall in was reported Monday nightto us and then Melynda, but the incident repnlt needed some revisions before submissiom hence it's delayed anival.) We are going to temporarily relucate the accused Student since both are residean ofthe same noon Matthew, lhe RED, will be meeting with her sometime later today to deliver our relocation letter. To our knowledge, the accused slijdent does not \hat she has been accused. Our plan is to give her Very little about the allegation itself but to inform her that we have received a of her involvement in an instance of sexual misconduct. Do you have any concerns with us sharing that brief plate of lnlormztian alung with the move notice? What a week Thank Assoclale Director, Residence Life Washington State University p0 Box 641724 Pullman, WA 9915471724 (509i 3353775 Milli?" Live Easy, Live Sociai, Live Ciose: Live Stay on campus another year: iiveonmsmedu Anderson, From Jussel, Adam Se . Wednesday, January 29, 2014 10:50 AM Tn: Huskey, Melynda; Anderson, Kimberly Subjetl: RE Title lX report Here is the lR On Ianuary 2.7, 2014 was talking with residents of Resi ence hall when she heard a story from the past Saturday night (lanuary 25, 207 4) drinkin with floor mates and decided to to the hallway. Floor mates- nd noticed was missing and went to look for as them rid found and realized tha as extremely intoxicated and as not tied to ge_to leave room; however, came to the door and pushe away stating, "DonAaanauqt ruin this ame back to oor tot to convince me again, an ns door With a condom on his penis. i told - an to leave and told -"You could get in trouble He doesn itaneutt know whatAzefianqs going on. This could be rape."- tried to leave om stating that he needed to his friends, but-would not let him leave. Eventually ei't the room and went to rooin-eangwent to find him. Whei-told that was not in there ried to lu back into her room by saying that she could hear him i room and he needed to Come back to room to get his cougar card-told -tha alread had his cougar card and that she was going to bed. The next morning Mammary 26, before, 2014) oke feeling coniused and not remembering the night id mention that he ett at had been bothering him via texting and Facebook and had blocked her phone number the next day. Once heard this story, she asked-i felt sexually assaulted, explainin a a sexual assaults must be reported, and aid he did feel taken advantage of met with RED Matthew etfries, and explained the story to him. RED Jeffri'et called the C>>Statf member on duty andfland RED Jeffries met With- RED Jefiries went through the process that pically ta (es ace in a sexual assault report an - told RED leiiries what had ened was given another room to stay in if he felt unsafe and will be followed up on by borwso Adam [ussel Director, Student Standards and Accountability Washington State University i Lighty 260 50973359745 |conduct.wsu.edu Messagem" From: Huskey, Melynda Sent: Monday, January 27, 2014 6:44 PM To: Jussel, Adam Anderson, Kimberly Subject: Title IX report has 'ust re orted to me a Title IX violatio which occurred over resident Respondant is the weekend. Corn lain also resident of lncid reported by a witness, who tried to intervene; .535 inpoxicated, and doesn't remember much of the incident, according to the witness. Odyss report will be forthcoming. M. Sent from my IPhone 2 9252 0852015}; was. anaemia .$1115.55 5 is. MINI n. E: .3 Egg a .s Ema as" Eva mach: SE: 0 5:22.. 5.. SE: i355. .. 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