CONFIDENTIAL SEXUAL ASSAULT REPORT {to be viewed only by the Gordon College Title IX Coordinator antipersonnel directly involved with investigating or adjmlicoting this incident]. Submitted by: Glenn Deckert (chiofol? police and sexual assault investigator} note of Roport: May 15, 2014. mite of Incident: November 26, 2013 and December (date unknown] 2G13. Nature: Post incidents of sexual assault Complainant Information: Marianthy Posadas?islava (ii) cell phone: - Aiieged Assailant information: (113 ill-l home phone:? SS: Narrative of initial rep ort (May 15,. 2314) On Sunday, May 11, 2814, ofl?icerAndrew Globe] called to inform mo that a student had contacted him to report a past sexual assault that had allegedly occurred on campus during the fall. semester oi2013. As Cifc. Geibol is a. trained sexual assault investigator for our department, he took on initial report from the complainant, student Marianthy Posadao-Navo. Clio, Gieloel related that he had informed Marionthy of her rights and options [in eluding criminal Charges, campus judicial charges. .anclfor assistance with applioation for a restraining order). lie said that she expressed interested. in possibly pursuing criminal. charges, but was still thinking about this. I informed 0ft). Global that! would communicate with Nancy Anderson, Title ix. Coordinator, and. make her aware ofthe report. After consultation with Anderson on May it, 2614. she asked me to conduct a Title 1X investigation, separate from ?fc. Giob?el?s criminal investigation. contacted Morianthy, and she agreed to meet with me on May 15, 21314. I met with Marianthy at 1730 hours on Thu rsclay'. May 15, '20 14 in the ready room at. our of?ce in the Rodger Reception Center. Marianthy brought fellow student - for support. I asked Marlanthy to tell me about the incident(s] in her own words, after which I would ask followup quostiozm Marianthy related that on the Monday before 'l?honksgiving 2013 school break [this would have been November 25, 2013} she left campus at about 1330 hoursto go to in Beverly, MA with fellow student_, who she described as a plamnlc friend Ell than lime. They spent; mast ofthe {lay there. talking and studying, and left at abeut 2000 hams, returning to campus in Marianthy's car, ?I'hay talked in the car until abmll? 2300 hmu?s, after which {.th studied together in Gillies mege ll?l Lane Student Center. When Gillies closed at about (3290) an mm?nlng, lhuy walked tagether {award {as she WM 3 regident [35?2111d -was a resident of-l Mariamhy related that the entire Lime they ware walking, 1433?, - kept asking her if She wanted to spend the night with him in his want in _.-kept assuring her that they wmuld ?just 5:19:93) together" and there would he ?no max. he: anything.? Mazianthy refused a number of tlmes but eventual ariantny area: '3 ?5 mommate, was in the room this: entire time. but was asleep in his bed [she could hear him snoring) Mal?lah?zhy ?relaxed that she woke up later {I?ll-3 same morning when-'5 gh?ll?rienrl capenecl the clam anal entered the rcmm. She related that ?turned m1 hand. mush: {which he was able to {lo without leaving the had; using a remote letml}, saw-.5 gel hm: his and they were belch unlim' the. savers; it: appeared ht: her {hair they W917i} ?rm-.136. ?lg nut.? For a period of time (she thought ll: might have he an 3040 minutes], they were in bed rage-ether, ?waking up,? while?aml-mah turns amusing, the next song to play and?21nd his; girlfriend appoamd to contimw their activity under the ?seven Al? some. paint-suddenly got em top of her and began kissing halt-then suddenly hi}: penis hm; her vagina, using, his hand plush her 10 one Kill? (it remained on]. said chat she said and repeated it multiple times; while she pushed with her arms and attempted to get?off of her. She lhat her arms. haul hum around nextwheh they were lagging, but the mmnent ha penetrated her, she pulled her arms 10 her cheat her wrists crossed and. hegah to push agalnsl his chest with both arm; while saying, repeatedly. Maz?ianlhy said. she was unable to push-u?? because he was "nmch stronger and a lot bigger" than her. She related that-continued her far 15? 20 seconds while she continued say: after which he suddenly his penis from her vagina. Sha related that he then held her face with his hands and repeated Several limes, "l ?m sorry, l'm sorry." ?ller which I: mlletl off 0f ho r. She said that she sees not believe - haul an orgasm. then got out ml the had; got dressed and immediately left. She related that she looked at her pliant?2 nmuml this. time and that it was about 1100. Marianthy remembers that??3 girlfriend left the more prior to when. Maria nthy get dressed and left, but she was umure when the girlfriend (name unknown] left. Marianthy is not sure whether it was hefere er after the alleged assault. She said that she was sure, however. that -i'emeineclln the mom the entire time, and that he was there when she was struggling and saying however, she could not tell whether he was aware of?whet was going on or not. Marienthy related that she left later that 3a me day for Thanksgiving break. She said that- called her multiple times that day; she picked up once and said, don?t want to talk.? While she was'awa on hreakgshe sent a text message to her friend,? (whe was in l, and mid her- what had happened. In a series (if-text eseages, she told- that she had showered with - and was ashamed of having done that and that the next morning he "rolled over a. rep-ed me." Mar?ienthy related that She no longer has those text messages on he? phene, but she has asked- it: see if she can recover them. Marianthy got together with- upon her return on Sunday, December 1. and told him that she was not okay with what he heal clone. At this time, she remembers that-cried and said that he was set-rye ?ver the Meriehthy that he wanted to be me reletienship with her. She initially talc] him that she did. not want to do this. She related that she had an anxiety atteek at one paint as a result of the stress at net wanting to be in a relationship with him She related that- was persistent and told her that he ?wouid fight fer her." Eventueliy, she relented and agreed te-he in a tie?emetic with him. They persisted in this it ntll?, at which point he asked her for a "break" in the relationship. They had sporadic contact hetween_, but did not resume mimetic er intimate contact. At some point i:r1_ Mai?ianthy became friends VF Bering one conversatien, when Marianthy Shared that she had dated from- through- told her that she was aware that had been involved with other women during that time. This preempted Marianthy to contact -encl inform him that she wanted to finally end their relationship once and for all. Marianthy related that she attended a sexual assault program spa neared by the college women?s ministry at some point in_, at which point she started to more clearly understand that -hati actually sexually assaulted her. She talked with her roemmate,_ around this time and shared with. her what- had done at the start of their relatienship. She also related that during the weekend of - she learned that-may have sexually assaulted other Gordon College women, which prompted her to finally report this incident to the campus police. i asked Marianthy ii?there were other times while they were in a relationship that forced. himself on her in any way. Sim- first explained that during their entire relationship-?pushed her physical limits" and would intensely pressure her verbally to do things, She said that after signi?cant verbal pressuring, she would usually relon?t and consent to the contact or activity [for example, showering again together on multiple occasions}. Marian-til related that on one occasion in- she and-were in his month and she shared with- that she had been sexually assaulted in high school, when a man had. forced her to perform oral sex. She said that she explained to -that because of this incident, she had no desire to engage in oral sex with another man. In response to thin-began to pressure her to perform oral sex on him. She said he told her that if she did so, she would be ?safe? and that it; would he "healing? far her to perform oral son an him. She said. that she initially said no- and ?brushed oft" his comments. A short time later, howevm', Marlanthy'soid that- grabbed her head with his hand and physically pushed her head down toward his. penis, causing her face to make contact with his genitals, This was dnno without her consent and against her wishes. She said that she had made it clear to him. verbally that she was not okay with performing oral sex prior to this. and. she is confident that he knew she was not consenting to what lie-was doing when he pushed her hood down. However, she said that after he pushed her into this position, she relented and performed oral on him. Marianthy than informed me that she had recently talked with another Gordon student who shared that she had also been sexually assaulted by -. However, this student expressed concern about reporting the incident, because she was afraid the school would notify her parents. I explained to Marianthy that unless the student is a minor. her report would he confidential, and the report would only he shared as required bylaw (tag. the title EX coordinato Marianthy said that she would speak with this student and encourage her to report. then informed me of another friend of hers, also 21 Gordon student, who con?ded in her in February oi'this year about sexual activity" with -. said that the friend didn?t initially identify the activity as sexual assault, but when she described the details to she clearly indicated that she had not wanted - to do what he did and had not consented to it in a subsequent and more recent conversation, says this student told her that she has realized that she was raped by -. related that her friend is not yet sure whether she wants to report the incident, but was curious about her options. 1 explained to - that her friend has a number of options, including reporting to our title IX coordinator, reporting to our department [which would not require pursuit of criminal charges), reporting to student development. or reporting to the local police. also encouraged to recommend the counseling center as a good option to tall: about the incident and get help considering what to do. We also discussed the option of a thirdmarty, anonymous report. - said she? would pass this, information along. - I then informed Marian-thy of the various options available to her and assured her that we would assist her with whichever option{s] she should choose. We dis-cussed the possibility ofa campus judicial charge. explained that if she chose to proceed. with criminal charges. Of?cer Global would assist her and. with her consent, would work together with investigators from the Weuham Police Department. 1 also informed her that she would qualify for either a harassment prevention order or a domestic restraining order We also discussed the option of a campus "no contact" order, and i. explained that, should she decide to pursue any kind of complaint, the college would do everything in our power to protect her from any retaliation. Macianthy said that she is seriously considering criminal charges and tumour; judicial charges, but wants time to think about it. and tall: with her mother. She said that she would prefer that-not he contacted until she decide-s which course of action she would like: to take. informed her that mothering-as part of the Title lX investigation would ultimately be Nancy Anderson?s decision. However, given that classes have ended and -would be leaving campus in two days. i explained to Marianthy that there appeared to he no compelling public safety urgency that would require contacting-before she makes her decision. Finally. I explained that i would he submitting the narrative ofour discussion to Nancy Anderson for inclusion in the confidential Title IX investigation file. i assured her that we would contact her before attempting to contact but that we would make every effort to delay that contact until she made her decision about how to proceed. She thanked me and we were clear at about .1850 hours. On. May '16. 2014, I spoke with Anderson on the phone and gave a hriefsommary of the incident. After discussing the lack clan immediate threat to the community (- would be graduating the next. day and leaving campus for the summer; most other students were gone for the summer), we agreed that it was appropriate to respect Marianthy?s wishes and wait until she made her decision about charges before attempting to contact- i saw Marianthy'on campus later the same day and informed her of this. i encouraged her to contact us when she had made her decision or at any time if she had questions or needed our assistance. END or 2w. STATUS. AS or 5/15/2014; org-u Investigation Update [June 19, 2314] On May 22, 2014:, i semi: ths: following email message ta Marianthy: Hf Maximum: i' imjush mashing base to see ifyou have any questions or have come to any decisiau, Na pressure at all -- just wanted to reach nut and make sure all is- well. I irrigate-you?re enjaying til 2 start ofsummer break! Gad bless, Glenn Marianthy sent the following reply on May 23: 17mm: Mari-anthy Pasadas-Nava Date: Friday, May 23, 2014 1:34 PM To: Fa cSiujijacBook Pm Subject: Re: Touching Base Dear Q?icar Decks-rt, Thanks so much for checkfh?g in. 1 am stiil? the process ofpraying and talking with nur?famiha about what to do. I write to yuu when 139m: back on campus this weekend with what has been decided. Thanks so much for a'liyaur heip and suppart, it was a lot. Sincerely, Ma rian thy 0n lune 13, 2014, Mariahthy emailed me it: ask if she cauid meet with (life, Giehel and Ito further discuss optimum. We met an Tuesclay, June 17 at Bur office. Marianthy related that she has been praying and discussing matters with her family; at this point, she is unsure whether she wants t0 pursue criminal charges and is leaning toward. campus judicial charges. She was cancerned about the fact; that she engaged in consensual sexual activity with the-subsequent to the alleged assault. She- asked whether she would. face: campus. discipline because 01' this violation of the campus axle of conduct. We assured Marianthy that it is the college policy that minor misconduct is ml: pursued for disciplinary purposes when it is revealed in the context of a sexual assault investigation. We further explained that she shauld be prepared for the fact that these aspects of her ongoing relationship with -would most likely be discussed during either a criminal or judicial hearing, and she should "he prepared to answer questions about them. We explained to her; though, that while these things would he discussed, they have no bearing on whether or not a sexual assault occurred, and all parties involved in prosecuting the case would understand the law on these matters.