From: "Mischke, Melissa --
Dat .

   

Subject: update on investigation

Ms. A. -

Michaella asked me to put in writing to you the lindings of the external investigative report
completed by Ms. Kai McGintee ol BersteinShur. As you already know, Dean AJ Cosgrove and
I investigated the matter ol Chudi's interactions with your daughter and another female student
in the Phillips Church basement back in October of this school year. At that time, we
determined that his actions with Michaella and the other lemale student constituted sexual
harassment according to our school's policy in The Book. Dean Cosgrove and I took decisive
action in response to Chudi's behaviors within the guidelines of our schools policies.

In April, Michaella re-expressed her discomfort with Chudi and his presence on campus. At that
time she alluded to a third lemale student who was harmed by Chudi. Michaella was worried
that he might harm other lemale students and she expressed her worry to her adviser and Dean
Cosgrove. It was at this time we learned that some agreement had been arranged between
Chudi and Michaella under the advice to Reverend Thompson and Mr. Weatherspoon, whereby
Chudi would bring Michaella some baked good on a weekly basis to help rebuild their
lriendship. This actually was more harmful than good since it caused Chudi and Michaella to
intersect on campus more regularly than necessary and did not really serve to rebuild anything.
Dean Cosgrove and were disappointed to learn ol this arrangement. That said, Dean
Cosgrove and listen to Michaella's concerns, new allegations including the situation with this
third lemale student. Given the complexity and the new information we hired an external
investigator.

The lollowing is a summary ol Ms. McGintee's findings. Ms. McGintee learned in the course of
her investigation that Michaella had been touched underneath her clothing as opposed to on top
of her clothing. This point is disputed by Chudi but his memory, according to the report, is not
as clear as Michaella. With the standard of determination being considering based on the
preponderance of evidence, that is to say that there is more than at 50% chance that something
did occur, the investigation leaned on the side ol Michaella's report being more accurate.
Therelore, the lindings include that Chudi violated The Book's policies on sexual harassment
and sexual misconduct because he touched Michaella's bottom and breast under her clothing
after she expressed to him that she did not want to engage in sexual activity.

With regard to a possible third lemale student, only Michaella has this information and because
the student is not willing to come lonlvard and the incident cannot be verified, there are no
lindings or conclusions that can be drawn.

After Michaella met with Dean Cosgrove in April, in the company of her adviser, Dean Cosgrove
and I took additional measures to check and respond to Chudi's behaviors. It is not possible to
share with you the extent and exact nature ol our response but I wanted to assure you that we
have worked to minimize his visibility to Michaella, to the best of our ability at this time. Also,
give the awkward nature ol the baked good arrangement as well as the poster campaign that

Michaella executed around campus and in Chudi’s dorm, I have asked each student to sign and
follow a “no contact” order.  I have attached a PDF copy of the form.
 
I hope that this gives you an overview of our work and support of Michaella through the incident 
with Chudi back in October.  Please feel free to contact me should you want to speak about the 
investigation, the findings or otherwise.
 
Please note that a copy of this has also been sent to Michaella’s father.
 
Sincerely,
Melissa Mischke
 
 
Melissa D. Mischke
Dean of Students
Phillips Exeter Academy
20 Main Street
Exeter NH 03833