CONFIDENTIAL Report of act-F indin Investigation Regarding Staff Retreat October 7-8, 2015 I. INTRODUCTION On October 21, 2015, I was charged by to conduct this fact-?nding investigation. Allegations of improper conduct and the misuse of University funds were raised in connection with an off-site staff retreat for members of the held on October 7 and 8, 2015, in Monterey, California. I was charged with interviewing all material witnesses and gathering the available evidence about the retreat and determine findings of fact accordingly. II. ALLEGATIONS The allegations are two-fold as follows: A. Improper Conduct A report was ?led on October 9, 2015, by and charging that their manager, Chief Administrative Of?cer engaged in improper conduct while in their hotel room, occurring late in the night on October 7, continuing into the early hours of October 8, 2015. The allegations include his making unwanted physical contact with one of the complainants; entering the bathroom and removing all of his clothing in the presence of two of the parties; stepping into the bathtub while naked; and reentering the hotel room in his boxer shorts. B. Misuse of University Funds A secondary report was made by a separate party to the on October 16, 2015, concerning allegations of misuse of University funds associated with the retreat. The speci?c claim is that University research funds were expended for a two-day retreat held in an expensive locale involving high lodging and meal costs, while University business was not conducted on one of the days. C. OVERVIEW OF INVESTIGATION This fact-?nding investigation was conducted pursuant to an email communication from - - dated October 21, 2015, charging me with this review. At his direction, I initially contacted to determine the initial witnesses to interview. advised that 1 interview all of the staff members1 who participated in the off-site retreat and I did so accordingly. The infomiation regarding the witnesses interviewed and the documents collected and reviewed with regard to this investigation is as follows: A. Witnesses Interviewed Name .. _Title October 22, 2015 October 22, 2015 October 23, 2015 October 23, 2015 October 23,2015 October 27, 2015 October 28, 2015 October 28, 2015 October 26, 2015 October 27, 2015 October 28. 2015 October 28, 2015 October 23, 2015 October 28, 2015 October 29. 2015 October 29, 2015 November 2, 2015 B. Documents Collected and Reviewed to dated September 11, 2015 Exhibit 1 Email from Exhibit 2 Email from dated October 5, 2015 Exhibit 3 2015 Retreat Itinerary Exhibit 4 Retreat Expense Reports Exhibit 5 Emails from Exhibit 6 Email from Exhibit 7 2014 Exhibit 8 Email from Exhibit 9 Retreat Itinerary Organizational Chart A total of 17 staff attended the October 7-8 retreat. . 15 cmployees were interviewed accordingly. P) D. SUMMARY OF RELEVANT EVIDENCE I conducted in-person interviews with the individuals listed above. I asked every witness who participated in the retreat to describe the events sequentially from the time they departed campus on the first day through their return to campus the following evening. Due to duplicative accounts, abbreviated summaries are as follows which include the salient data obtained through the interviews: A. Interview of said he had gone on other retreats over the years but this one was much different. He said the first day?s agenda did not include any professional workshops or team building exercises; this was a missed opportunity as seven new employees attended the retreat. He noted the timing was problematic as it was held on the tenth day of instruction of the Fall Quarter?a very busy time particularly for group. He said none of the units were consulted and he felt the planning was rushed. He said he was told that the only available hotel was the Intercontinental Hotel, located on the water on Cannery Row. He said to save costs some employees had to share a bed with a coworker. He said prior retreats organized by the former CAO, -, were different. He said her motto was, ?we work hard, so we play hard,? and alcohol always played a part in these retreats, but provided a restraining in?uence. they always included structured activities. ?Drinking was kept in control. There was a lot less drunkenness in past retreats. They were pleasant.? stated the mentality of this retreat was that of a ?Booze Cruise.? He said they were scheduled to leave at 9:45 am. and due to a last minute change, he rode in I car hat and along with and - said it was very clear had a deliberate plan to enjoy themselves from the start of the trip. He said they arranged for to do the driving while they sat in back watching a movie, drinking alcoholic beverages, enjoying themselves. He said they each had a large. plastic, water type bottle with a straw containing their drink of choice?vodka and cranberry juice. He said neither he nor_ commented on the drinking because, ?That?s what they do.? - stated - and drank for the entire trip, right from the time of departure. He said every time he looked back, he saw the two drinking. He said they were laughing and singing to the movie, ?Footloose.? - said- and viewed these retreats as ?mini-vacations.? ?That?s their mentality. They get to go to nice places, stay in nice hotels and eat meals out, and only have to pay for alcohol. This is why we stayed where we stayed I hired as me new CA0 effective July 13,2015. (Intercontinental Hotel) and why we went where we went. There was no other reason except for a mini-vacation. We could have accomplished everything in one day. This mentality was re?ected in the agenda; there was nothing that required our concentration that day.? He said after meeting for lunch catered by a deli in Danville, they arrived at the hotel in the early afternoon. He said the check-in process was completely disorganized; the hotel had the reservations wrong. Rooms were reassigned and several of the women were forced to share beds. He said at approximately 3 pm. he witnessed - in the lobby of the hotel stumbling with slurred speech. ?She was drunk.? He said he asked her if she was ok and she responded, ?I?m just fine? and demonstrated the in?ection in her tone to indicate she was ?ne?as if ?ying high. He said he was asked to assist a coworker connect to the network and at 5:00 pm. went to - hotel room for Happy Hour. He said -, and were at the gathering for a very brief time and noticed the three leaving the room together. He said although alcohol was served at the gathering, he did not observe anyone drinking to excess. He said the agenda listed E1 Torito as the dinner location, but upon arriving at the hotel - and saw Bubba Gump?s and suddenly changed the dinner venue. He noted it is very loud with a party type atmosphere. He stated -, and arrived approximately forty minutes late to dinner and noticed that himself in the middle of the meal, not returning until everyone was done eating. left by - said although it was clear the staff were to pay for their own alcohol, left the restaurant without paying for his beer. He said the waiter approached the table asking for payment and took out his wallet to pay. He said that declined his offer and instructed to put the charge on the University credit card. He said on the way back to the hotel he was invited to go to a Karaoke bar with several people -, He ended up being detained and never found the group; he consequently returned to his room for the evening. said at breakfast the next morning (approximately 8:00 am.) and - reported that wallet had been stolen and had taken him to the to get a identi?cation card.3 The staff were advised to wait until the two returned before travelling to the research facility. He said he was notified at about 10:00 am. to report to the lobby and upon arrival he was approached by - who stated, ?You?re going to hear rumors. They saw us and holding hands and skipping down the road together last night. It?s true and but nothing happened.? - thought this was an odd comment but noted that both on the trip and at work he observed a ?irtatious relationship between - and He recalled that during a recent staff meeting - made a statement to the group, really appreciate all that has done to make this a good transition.? He said - appeared emotional and was teary-eyed as she said this and - commented to him, ?Do you think anything is going on with them?? - said it was evident that he was deeply dependent on - for her support and he?d noticed he had ?puppy eyes? for her. - said the same feeling came across on the retreat. He stated, ?While I never saw anything that crossed over the line, and there was no touching, they would go off alone?l saw them together a lot.? He said after a very late start, they drove to field station in Salinas. He said during the ride the three women commented on the prior night?s events which included going to a bar with a live band. - said told him her kidneys hurt and all she wanted was ibuprofen. He said that she told him, ?That?s what I get for drinking from 9 am until the time I went to bed.? said the women?s moods and conversation in the car was light and jovial. He said they took them on a factory. ?It was speaking arrived at about 11:30 am. (planned arrival was 10:30 am.) and tour of his facility and surrounding ?elds, to lunch, and on a tour of the cool. We saw some really good stuff.? - noted he observed with during the day and he appeared to be quite engaged. said as they were leaving Salinas at approximately 4:45 pm, received a call from the hotel advising his wallet had been found and and his two passengers turned back to Montercy to retrieve the wallet. said the return drive to uneventful and that he was dropped off in Woodland at approximately 8:45 pm. - briefly relayed the subsequent set of events: 0 Employees of the received an email at 6:30 am. the following Monday, October 12, 2015& stating that was on leave through October 25?h and they were to respect his privacy. had passed away. 0 An emeriency meeting was called at 3:30 pm. in which? announced that - said he believes some type of charges may have been raised against and felt it was important he provided me with the following perspective: ?The whole retreat went wrong. My feeling is that didn?t know the culture of the University and he was relying on - and to let him know what was permissible or not. They modeled the bad behavior on the retreat, things got completely out of control, and it went horribly wrong." When I asked for him to explain what meant by bad behavior he responded, as follows: ?There was a general setting of partying hard from - and - They were drinking alcohol from the minute we left campus. They made bad decisions about rooming, they changed the restaurant on us at the last minute, the program lacked structured activities, and they went off by themselves. They set a very odd tone-we weren asked to be an entire unit, - - and - were absent from the group. The entire - has been greatly affected by this.? I said that he met with on or about October 14, 2015 and with- October 16, 2015 to express his concerns about the retreat. B. Interview of? she did not expect to be eligible to attend the retreat. She said she was informed she would attend and jokingly stated. ?Why not? I?d be able to get away from work on an all?expense paid vacation to Monterey!? explained that each year a faculty member is chosen to host an off-site retreat with an educational component to provide the administrative staff with an understanding of the important agricultural research that they support. said this year a whose research station is in Salinas, sponsored the retreat. She said they spent two days in Monterey and drove to see ?elds in Salinas and then toured the - factory. Given the agenda, she thought spending two full days away from work was due to the driving distance to Montcrey. ?It would have been too much driving for one day.? said she was asked to drive to enable - and to sit in the back and view a movie. was the front seat passenger. When asked whether - and consumed alcohol in the car she replied, "Yes, I was aware of that. But they were not drinking most of the way.? When I asked as the responsible driver whether this caused her concern she replied, ?No, this did not concern me.? She followed up by stating, ?Yes, 1 get it that passengers aren?t allowed to drink in a vehicle.? said after stopping for lunch they arrived at the hotel. She shared a room with - and She said they were on their own until the scheduled Happy Hour during which no hard alcohol was served. She said they went to dinner and while alcohol had been consumed at both the social hour and at the restaurant, she didn?t notice anyone being drunk. stated after dinner a group went to look for a Karaoke bar but ended -up in a bar with a live band and danced. Those _present.nd' 'i reca-lls seeing pull out of t_he bar a couple of times and then seeing them return together. She said she left the bar with -, -, and_ and the five ended up going to their hotel room. ?It was then that it got weird." She said they consumed more alcoholic beverages and remembers and cranberry juice. She said brought in drinks for himself and They started talking about music, the next day?s activities, etc. She said she and sitting on each of the two beds; was sitting on the edge of a bed. while - was standing. She said she recalls sitting down next to state that he was hot. and observed him removing his button up shirt. She said he then took over the drinking vodka were 6 conversation and stated he was excited about their group and the impact they were having. She remembers stating he wanted to snuggle and the next thing she knew he knelt down in front of and placed his head on her chest. She said reacted immediately by outstretching her arms and putting her hands up with a very surprised look on her face. said both were very buzzed and she was pretty sober at this point. She recalls getting up and walking to another area of the room and there was more conversation. She said she then saw him approach the bed - - was sitting on and he proceeded to get in under the covers. She said he went to reach for something and he fell out of bed and hit his head hard on the bed stand. She said they asked him if he was ok and he replied, ?Yeah, yeah, I have a hard head.? She said he ?shook it off? and then stood up between the beds. She said_ brought him another drink. said she, and - agreed things were getting weird and someone said it was time for everyone to go. She said neither? nor_ made any move to go. reportedly said, ?I?m not ready to go, we have things to talk about.? She said she and went to the bathroom to wash up, hoping that they?d leave when they saw them getting ready for bed. said_ did not leave and he instead followed them into the bathroom and said, ?Hey, you have a bath and shower in here. We should all take a shower together.? They replied, ?No, we?re getting ready for bed.? He said, ?Maybe we should take a bath instead.? said he turned the water on and left the bathroom and they turned the water off. She said came back into the bathroom and asked why they had turned it off. ?The next thing I know is that he is standing there in the bathroom naked and he went into the tub. Neither of us expected this, we tried not to look, - left ?rst grabbing her wash cloth and I followed. We went back into the room and told the others he?d just gotten into the bathtub naked.? said told ?You?re the dude, you have to get him out of here.? stated, ?By now I?m thinking, what the f- is going on? - then ran out in his underwear and got his shirt. My only thought is that they have to go?they have to get out of here.? She said and were de?nitely drunk. She said- had two or three vodkas while in the room and his demeanor had changed. said they continued to urge him to leave. She said behavior was like that of a seven year-old boy stating, don?t want to go to my room. I don?t want to be alone.? She said - walked out of the hotel room and was still standing there and stated, told you I don?t want to be alone.? She said said, and threw a pillow at him and turned the light off. She said that then stated, if you guys are going to treat me this way, then I?ll leave.? She said he ?nally left and. )ot up, locked the door, but saw him standing outside the door through the peep hole. said he stood there for a while, and then walked away. She said_ turned on the light and asked, ?What the hell just happened?? She said they decided to go to sleep and talk about it in the morning, noting none of them were able to sleep. She said called on her cell phone a few minutes after he left the room. She said off her cell phone and noticed that there was a second missed call from him. turned said they all woke up at about 6 am. and she remembers - saying, ?Oh my God, what happened? How are we going to spend the day with this guy?? She said by then- . turned her phone back on and had a text from relaying someone slashed his pants and stole his wallet. He asked to replace his identification card which she agreed to and left. said she and got up and went down to breakfast because they wanted to see what was being said about the night before. She said she and sat by themselves and noticed the staff gossiping; someone said they saw and holding hands the night before. She said they received a call from advising that they?d just gotten on base; by now they were late for the scheduled tour. She recalls and returning at about 9:50 am. and sitting down together to have breakfast. She said sat with them but she felt uncomfortable and left to go to the room to pack. She said told her at some point that morning that she and held hands innocently while skipping down the street during the dancing part the night before. said - and - came to the room about ?fteen or twenty minutes later, called the bellman and loaded up the car. She said someone called to tell them they were late; he relayed he had started to get worried about them. said they travelled to Salinas and they tried to keep to themselves that day; she was trying to forget what had happened. She said she observed to be that day, engaging with I - and ?doing his CAO duties.? said when she retumed to work on Friday she was sick to her stomach and questioned herself. became quite tearful and stated with emotion; ?Things got out of hand while we were sitting in our hotel room. I was shocked at- behavior, but I am very disappointed that was not a stronger person. keep questioning myself as to why I didn?t say anything. I think it had to do with being the new personthe totem pole. I?m still in shock. - was the person in charge. He was the manager over everyone. He went over the line. It?s weird that none of us were able to say anything.? She said she, -, and discussed the matter that morning and agreed they should report the incident. C. Interview of- - stated she was not in charge of the retreat. ?The department has done retreats for the past twelve years; this was nothing new." She said each year they?ve had a team building exercise on the ?rst day but this year the CAO did not want to do team building. She relayed that she and suggested that they do something such as ?colors? (a Myers-Briggs type personality style assessment) but stated, ?This is not what - wanted to do.? She said several people raised their concerns but ultimately made the final decision. ?What was I to do? He was the boss.? said the retreat was disorganized because there was no leader. She said she put the spreadsheet together with the vehicle and hotel room assignments and sent it to the staff a few days before. When I asked her whether a budget was created for the retreat, she said no. She stated, ?This year we gave the opportunity to look into hotels and book the reservations. We were shocked at the expense.? She said the PI picks up the bill so went back to him to make sure he was ok with the cost and he gave them the ?nal approval. She said they tripled up in the rooms to cut costs. She acknowledged that a couple of employees were not happy with having to share a bed but stated, ?What was the big deal? and I shared a bed.? When asked who ultimately approves the travel expenses she said that processes the payments through MyTravel and the faculty member approves the charges. admitted to drinking alcoholic beverages in the vehicle on the way to Monterey. and I were in the back seat. We had an ice chest in the back, and yes, we had some drinks. We were not drunk. We were not remotely tipsy. We were singing to the song lyrics of Footloose.? said after doing some shopping on Cannery Row, she, and went to room for Happy Ilour. ?There was a lot of food. People brought wine, I remember there being chocolate vodka. In our room we had vodka and cranberry juice.? She said left first for dinner while she and went to their room. She said - came to their room, wanting to talk. She said he kept repeating how wonderful they were. She said this was the ?rst time she thought was odd??he kept saying how much he appreciated us.? She stated further, ?Now looking back, he was odd. I?d noticed he?s always had this underlying insecurity. He would ask - and me to sit in his of?ce and go over his email responses. These were normal emails. This happened quite a few times. I chalked this up to his never working for the University." She said she was feeling awkward because by now they were forty minutes late for dinner but when they prompted him to leave he repeatedly stated, ?No, I?m not ready to go to dinner.? She said by the time they got to dinner it was close to 8 pm. and the others already had drinks and appetizers. said the three sat at the end of the table; she ordered a glass of wine and ordered a beer. She recalls conversation about games they?d played and - mentioned a game ?Cards Against Humanity?4 and he abruptly stood up and said, ?There?s a CVS up the street and I?ll go buy the game.? She said he left for over twenty minutes right in the middle of dinner. ?By now it was late?after 9 o?clock. He returned and said CVS didn?t have the game and said he?d ended up getting lost. I thought this was odd as I could see the CVS from the restaurant. Then he got back to the table and he leaves. Everybody paid for their own drinks but he took off without paying his bill. - put it on her card.? Cards Against Humanity is a game involving belittling, dehumanizing concepts; it is considered offensive and would be inappropriate for a work function. She said a group found a bar with a band and they all started dancing. She said started swing dancing with at one point she danced with him and he swung her so hard he lost his balance and hit a bucket on the ?oor to the side of the hand. She said it was then she first noticed something was wrong. She said she did not drink sudden he asked me, ?Can we take a walk?? She said he took her hand and she asked, ?Why are you holding my hand?? She said he started to skip with her while he was holding her hand. She said she told him they needed to get inside and was thinking, ?I?m not going to be standing out here with him alone.? She said things ?started to get twisted? so she tried to get him back inside with the music; it was about 1 :30 pm. and most of the group had left. She said she started walking back to the hotel with -, and She said they walked to their room and followed the three women in. She said a little later . knocked on the door, bringing a cocktail for She recalls that he left and brought another one later for him. She said they were all chatting and all of a sudden jumped into one of their beds and got below the covers stating, ?Let?s get in bed together!? She said he soon completely rolled out of the bed and hit either his head or another body part very hard on the bed stand. She said shortly after he jumped back into the bed and said, ?Let?s all snuggle in a non-sexual way.? She said she remembers him jumping into lap. - said they were all very shocked and started looking at each other. said she called, ?It?s time to go,? and said, ?Party?s over.? She said that went into the bathroom with behind her to wash up before bed. She said she going into the bathroom and she heard the bath water running. saw She said ran out of the bathroom and said, ?He?s naked in the bathtub!? followed and stated, ?He wants us to join him in the bathtub in a non- sexual way!? said she looked at and said, you?re the dude. Go in there and tell him to get dressed and leave.? She said all of a sudden ran out from the bathroom in his underwear and they told him, ?Time to go.? She said as he was gathering his stuff, she was thinking, ?I?ll call the front desk for help.? She said - got him to the door and I opened the door and pointed towards it?he finally stumbled out with and slammed the door behind them. She said it was now past 1 am. and she and - looked through the peep hole and told them that he was still standing there. She said that he eventually walked down the hall. She said they all looked at each other while thinking, ?What happened here?? She said her cell phone was on the desk and they went to sleep. She said that the phone rang at about 2 am. waking them up. She did not answer and turned the phone off. - said at 6 am. she saw two text messages from him saying that someone stole his wallet, asking her to take him to get an ID card. She said they were still in shock about what happened and explained that she very reluctantly agreed to meet him in the hotel lobby. She said he ?looked like hell? and he drove his car said when they got in the car he asked her, didn?t do anything stupid, did - said he told her he didn?t remember anything; she told him she did not want to get into it. said she did not tell him what happened the previous night. She said she called her husband to tell him about ?the nightmare.? 10 said he was issued the identi?cation card and on the way back to the hotel - told her. always have your back. We need to stick together.? - said when they returned to the hotel and were waiting for them in the restaurant. She said asked them, ?Did I do anything stupid?? She said told him, ?This is not the time.? - said he told them he?d blacked out at a party and noted, don?t know where he was trying to go with that.? She said she learned that saw stumbling down Cannery Row at about 3 am. and told her she saw and holding hands. - said she told her that this was true, but they are not involved and nothing happened. She said they found tee shirt in their hotel room and they felt he should have it so they rolled it up, placed it in bag and discreetly asked him to retrieve it. She said he asked, ?Are you sure it is mine? Why would I take my tee shirt off?" She said they did not reply to his question. She said after almost a half hour they rendezvoused and went to Salinas. She stated they did not talk about the evening?s events with -. She said they were all emotionally drained and she noticed that was very quiet the second day. said when they returned to work on Friday, the three of them were ?basket cases." She said they were all in tears and she and went to ASAP the ?rst thing in the morning. She said the three sat down and asked him whether there was anything he needed to talk about and he told them he couldn?t remember anything. She said they reported their version of the events to - stated in tears, ?There was something off about - that I couldn?t put my linger on. I told the Chair that - was not the one 1 would have picked for the CAO position. When I heard about his death I was in total disbelief. I thought that this would ruin 1 heard rumors and gossip. I don?t know what the staff thinks. That Friday morning made it known that she was not happy that we didn?t have something organized on the ?rst day. They saw his crazy dancing, his showing up late to dinner, not paying for his beer.? and When asked about alcohol consumption at work, - stated they?ve had alcohol at staff seminars. She said they?ve had mimosas in the past to congratulate staff. but this would all have been done with alcohol permits. I initiated a brief follow-up phone conversation with on October 30, 2015 to con?rm whether she had disclosed the evening?s events to . From the tone of her voice, - appeared to be angry and upset and stated, ?No, absolutely not. I already went through that with you! Why would I tell that lunatic what he?d done?" I). Interview of- ll said that she contacted on September 1 1, 2015 and asked him to host the staff retreat. She said that she had a role in the planning of the retreat, but - and did most it. She said she wanted to do ?the color thing? as a team building exercise but did not want to do anything structured; he wanted this to be a time for the staff to relax. She said ultimately the agenda was his decision. said they started planning the retreat in mid-September and only had a three week lead time. She said she asked if he would sponsor the retreat. She said she gave a couple names of hotels and asked her to ?nd the best rates. don?t know what happened because the hotel chosen was very expensive.? admitted to drinking alcohol while a passenger in a moving vehicle but attempted to minimize her conduct by stating, ?While on the road I was thirsty from having a salty lunch and opened the cooler and grabbed some liquid which happened to be vodka.? relayed in essence the same statement as provided by the other witnesses concerning the events of the day leading to dinner. stated she bought_ a beer at the bar with the band. ?He had just one beer at dinner and one while dancing.? She said after they left the bar, ?Things went south fast.? She said she and and - planned to go to their room and go to bed but. and ?showed up in our hotel room.? She said they were talking about work-related topics and then sat on the bed and wanted both her and - - to sit on either side of him. She said the three of them were sitting on the bed against the headboard and at the time she thought, ?This is really awkward.? She said she started to move and he said, ?No, I want you here. You?re not committed. I need you to have both your feet up on the bed.? She said at one point he got under the covers and later moved to hug her and placed his face in her chest. She said she was very surprised and now wanted him to leave; she got up to wash her face with following behind. She said entered the bathroom and stated, ?Let?s take a bath in a non-sexual way.? She said there was some back and forth with the bath water and by the time she finished doing her routine,? she saw him stripped naked. She said it was awkward, ?We all knew he was naked and had gone into the tub. it was not that he was coming on to us?it was just bad behavior. - and I knew we had to say something. told - that he was the dude and to go get him.? - said he came to the doorway with a towel wrapped around his waist and asked, ?Are we going to take a bath?? She said they told him no, and he proceeded to come into the hotel room in his boxers. She said they told them repeatedly to leave and they ?nally did. She said the next morning after returning from asked. ?Did I do anything last night I?m going to be over? She said they responded. ?No, we?re not going to talk about it.? 12 said in the past they?d done about two retreats a year; they usually included a Happy Hour that typically hosted. She said she does not believe that the drinking was excessive during this retreat, didn?t see anything get out ol'hand." stated she had trepidation about making a report because she knew she would be interacting on a one-on-one basis with in the future. E. Interview or- stated it was who assigned her to make the hotel reservations for the retreat; she was specifically asked to pick a hotel on Cannery Row. said because this was last minute, most of the hotels were already booked. She said she used Expediacom and the Intercontinental Hotel was the least expensive hotel on Cannery Row with availability. She said she typically would book a hotel on the list with the University for the best price, but none were available on Cannery Row. - said the prices were high, and showed me a print out of the price quotes of $354 for a room with two double beds and $414 for a room with two king beds. She said they booked eight double rooms and two king rooms; the total charge for one night?s lodging was over $4,000. stated she used her corporate card to pay for all the lodging and food. When asked about approval authority, said that the transaction in My'l?ravel goes to the account mana yer and to approve, and simultaneously is routed to the faculty sponsor. She said that questioned the charges and she went to . She said - decided that the employees could triple up in the rooms to save costs. stated at this juncture she began to check on less expensive hotels in the general area including a Hyatt Hotel and a Best Western and obtained signi?cantly less expensive quotes. She said that the Hyatt representative said she would be willing to speak with the Department and negotiate a group discount. - said she explained this to- but said she came to her the next morning, on September 27, 2015, and told her, ?Leave it the way it is.? stated, ?The two wanted that hotel. Whatever those two want, they get. They picked everything. This was thrown together. It would be nice to have other people?s input.? stated this retreat was disjointed and everyone fomied little groups that would ?just walk of She said it was disorganized and did not follow the agenda. She mentioned that on the ?rst day - told her to cancel the dinner reservations and make new ones at Bubba Gump?s which caused confusion. She said the three managers were considerably late to dinner. She said instructed her to put beer tab on the corporate card which made her feel uncomfortable and placed her in a compromised position. She said several l?olks drank too much and this made her uncomfortable. When asked for speci?cs she said that was as he started singing at dinner and she had observed - and to be unsteady on their feet when they were getting out of the elevator before dinner. said there was a lot of wasted time and the entire retreat was disorganized. said she?s been on many retreats but this was very different. She said promoted the staff getting out and seeing the faculty members? research projects. She said as soon as this agenda came out, noting there were no workshops or professional growth component as in the past. ?My concern is that I felt like this was a waste of University resources. That?s an entire day wasted?there was nothing there. - always provided professional development. I?m not interested in drinking.? She said upon receiving the agenda, she immediately went to office and - was in there. She asked, ?This may be a questions for you, too, but l?m not seeing anything of value devoted to the first day.? She said Whack in her chair and shook her head, 110. said it was clear to her that did not want to have structure. She said - told her he did not want to do workshops. She explained that. - had quite a few new people and this would be a good opportunity to engage the new employees, get to know each other?s work styles, and build on communications. She said he reiterated he wanted this to be a time to get together and know each other. was shut down and I knew it would be useless to bring it up again. I left not feeling good but thought I?ll see what happens.? She said from the short time was on the team, she observed that he got his direction from - and she does not think he knew the objective of the retreats. She stated on September 28. 2015,- asked her to contact for a donation of $500 to $1,000 for the retreat from his various donor accounts; he made a $500.00 donation. - stated emphatically, ?This should never have been held at the Intercontinental Hotel. It was much too expensive, it was just not right to spend that type of money on lodging for a University function. I wouldn?t spend that type of money on myself. - had full knowledge of the cost -that?s the reason why she asked me to reach out to - said she was not pleased that the trip to the field station was delayed. ?We were supposed to leave early to go to field station. We heard - had lost his wallet and he was driving - with to retrieve it. We were told to wait until he and returned before leaving. There was some talk about the night before, but it is all hearsay.? reiterated that although_ tour was valuable and everyone appreciated it. the trip did not justify the resources. G. Interview of 14 said she had an expectation that the retreat would have a professional tone and be professionally based. She said this was not the ease and she saw much disorganization. ?This could have been planned much better. As a work-related retreat, we should have had unison and stayed together. There should have been more structure. People were doing separate activities and it was hard to keep track of what we were supposed to be doing.? She explained the ?rst day was ?entirely free form.? She said they got to Monterey in the early afternoon and did not do anything as a group until after 5:00 pm. She said she was hoping for more group activities and team building exercises. She said she was extremely surprised that the restaurant selected for dinner was changed. think I heard about the change from someone else. We didn?t get started the next morning until quite late. There was wasted time and this should not have happened.? She said she was considered part of the management team at her previous employer. "Managers would never drink at retreats. I didn?t expect the managers to act as unprofessionally as they did. They acted as if it was a party, not a work related event.? said the accommodations were not appropriate. ?Three of us were asked to share a room. and I (both new) had to share a full-sized bed. This was not professional. Regardless of the budget, to share a bed with a coworker is improper. this should not have happened: was not comfortable expressing my concerns about the sleeping arrangements.? she was aware ofthe costs. think this was really expensive? much too pricey. I felt like we easily could have stayed in a less expensive hotel.? and thus had few interactions with members of and is disappointed that structured activities were not conducted. She said she shared a hotel room with She said that while they attended the Happy Hour and dinner with the group, they kept to themselves and did not participate in any late night activities. said the tour of the research station was wonderful and - was an extraordinary host; however she would have preferred that the program be more balanced. 1. Interview of? 15 said he has been on several retreats in the past, "'l?his was nothing like the prior ones. This didn?t have a plan.? told him he ?wanted to go with the ?ow? meaning he didn?t want a structured program. He said he?d had a busy week and wanted to ?chill.? He noted acted very ?hyper? at dinner and said he noticed he left for a long period of time to go out and ?nd some sort of a game. the group at the bar and danced. He stated, - but they were all drunk by then Everyone had loosened up and I ?gured anything I did wouldn?t be noticed.? He said given is second in command to- - it felt weird. ?lfl were a manager, I?d be concerned about my professional image.? He said the entire event was unorganized and mentioned the change in restaurant venue and the confusion regarding starting out to Monterey on day two due to the stolen wallet. He said seemed a lot quieter the second day. ?He was back to his old self and didn?t talk about the night before at all." He said after the tour before heading back to Davis,- was noti?ed that the hotel found his wallet so they back tracked to Monterey to retrieve it. He said claimed that someone slashed his pants and stole his wallet. He said that given the wallet was intact; he believed this to be an unlikely story. He said there were many opportunities to make this a valuable retreat had they done workshops so the staff could take away useful information. ?This retreat can be summed up as continually waiting for something to come but never did.? said while she did not look at the agenda carefully before the event, didn?t include ?a lot of structural stuff" because they work so hard ?this was a retreat to relax and experience the faculty member?s generosity. said she joined the group at the bar after dinner but stayed for only about thirty minutes. She said that she did not notice anyone being drunk or out ofcontrol. She stated. ?All in all the retreat was a good experience for me. I have a high respect for - and his vision. I got close to him." K. Interview of? said she was originally assigned to share a bed but immediately went to and expressed her concerns with having to share a bed with a coworker. She said said they would get rollaway. She said when they arrived they found out due to fire code violations a rollaway wasn?t permissible and arrangements were made for her to get her own room. She said she was quite shocked to learn that they?d assigned - and - to the same bed??I felt they were taking advantage of their youth." had heard they would go on an annual retreat and was looking forward to the experience. She said it has been a new culture for her with . level of professionalism is much different here.? She said as for the retreat, nothing was planned for the first day so nothing was achieved. She said she went to bed early and did not witness anything; however rumors were rife the next day. She said groups went off and did their own things which she believes breeds bad feelings. She said she had very little contact with but from what she observed of him both before and during the retreat, she was not impressed. She said he was not interested in participating with the team during the retreat, was not respectful of the staff and essentially ignored her. She said she observed him drinking during Happy Hour. She said - and de?nitely had been drinking, but they were not drunk. She stated, ?If the goal of the retreat was to have the team bond, that is not what happened. 1 have given considerable thought to the retreat after the tragic ending. Management splintered off; - left during dinner; there was no feeling of camaraderie; there were no connections made with the large group of new staff. The event was unprofessional and disorganized.? L. Interview of She said she knew in advance she would be sharing a hotel room. but she was shocked and surprised to learn she would share a full-sized bed with a coworker. the agenda was a disappointment. She joined the group at the bar for dancing and said there was no doubt in her mind that 17 - was impaired by alcohol. She said she observed him stumbling and he stepped outside numerous times to get fresh air. She said she stayed at the bar until midnight and then went to her hotel room. She said she couldn?t fall asleep because it was too uncomfortable sharing a full-sized bed. She said she got up at about 3 am. She said from out on the breezeway area she saw wandering on Cannery Row and noticed he was kicking something t-from where she was, it looked like he was kicking ?ower pots. She said it looked very weird and she did not expect to see this. said having to wait for and to return from was extremely disrespectful to as he funded the trip and went to such an effort for them. ?The story about the wallet doesn?t make sense to me. Everyone said that he?d claimed that someone slashed his pants pocket and stole his wallet. I don?t believe his story because they said the only thing that was missing was his cash. But that?s my own suspicion.? expressed her delight regarding the second day?s tour. She relayed the return trip was uneventful and that the of?ce was unusually quiet on Friday. ?People were let down from the retreat?we could have done so much more as a group. You don?t expect anything like this to happen. I don?t want to make judgments or complain. That is why didn?t make a big deal out of having to share a bed.? M. Interview of - said she has been on many prior retreats. She said a faculty member typically sponsors the retreat and they?ve gone to interesting places and typically have had structured workshops. Some of the workshops done in the past were ?The Ropes Challenge?, the ?Franklin Covey Workshop,? and the ?Colors? workshop that identified their work styles and taught them that all styles were valuable, though different. - said it was clear that this retreat was thrown together at the last minute for the sake of having a retreat communication was poor. last minute changes were made of which not everyone was informed, not everyone made an effort to socialize and get to know the newest employees. She said she was disappointed that their administrators did not take their responsibilities seriously and contributed to a ?party atmosphere.? - said she was not witness to the events that occurred after hours, but has heard many rumors. - said she was ?volunteered? to host the Happy Hour event. She said she didn?t pay attention to what people drank at the social event or dinner, but people were definitely drinking. She said for the most part only wine was served at the Happy Hour and she heard there was hard liquor involved at after dinner events, but that was only hearsay. When asked about alcohol consumption at work, - said there have been occasions where mimosas were available. She said only a bottle or two were ever brought to the work place. 18 When provided with several dates, she said she believes on the July 11?h first all-staff meeting with there was a bottle of champagne on the potluck table. - stated the retreat broke apart rather than bonded the team. N. Interview of? He stated he has gone on several of the retreats and this was very different. - He said he sat in the backseat of the car and worked the entire way down and continued working on and off until he went to the Happy Hour. He said he went with the group to the bar and danced and then hung out and chilled in the managers? room. He stated, think this is our time outside of work and we can do what we want to do.? He said came to his room and they had a couple of drinks after dinner. 110 said he bought a bottle of Southern Comfort and some coke in Monterey and that is what the two were drinking. Regarding the gathering in the hotel room, ?It was casual; - definitely had been drinking.? When I asked whether he remembered what happened in the room he stated, ?Nothing major. Just casual talking. it got late and - said, ?time to go? and we left. We were all drinking? it was friendly.? con?rmed that was inebriated but he was only ?buzzed.? I listed the allegations in detail for him and while did not appear surprised to hear this information, he denied observing the behavior. believe that I would have been aware of any behavior out of the norm. 1 can?t imagine not noticing those things.? stated to me that he: 0 Does not recall seeing? rolling out of bed and hitting his head on furniture. 0 Does not recall seeing remove his clothes and step into the bath tub. 0 Does not recall the women stating that stripped naked and entered the bath tub. 0 Does not recall standing in the doorway with only a towel wrapped around his waist. 0 Does not recall seeing? in his underwear. ?If these things occurred, - had no sense of urgency. Nothing happened that stands out. If my peers had done such outrageous things, I would have noticed.? said on the Thursday morning he asked- if there was something that made her feel uncomfortable from the night before and she told him, no. Based on his statement I asked why he asked her that question. He paused and stated, wanted to make sure.? 1 9 appeared to want to de?ect attention from the sordid events and spoke about the events of the second day in detail and what he learned from the tour. ?This whole thing is an unfortunate set of challenges. There was lots of room for improvement. The program should have had structure. The dollar value of the rooms did not make sense. From an audit point ofview. this could never be justified." 0. Interview of? said this retreat was not about work. ?It was unorganized, there was way too much drinking, and virtually nothing was accomplished.? She said she observed a couple of the mangers drinking way too much. When asked to identify them. she hesitated and then said. - - and - were drinking too much. This was very surprising to me.? She said there were too many new people participating at the retreat for it to go the way it did. She said that personality drastically changed on the retreat. She said he seemed to her to be a very straight and disciplined person, taking care of his body and refusing junk food. She said everything to him was black and white. She said he appeared to have standards and wanted things working well. She said when she saw his behavior in this element, it put up a red flag for her as it was so out of character for him. - said were drunk ?right offthe bat.? When asked how she became aware of this. said at the picnic lunch on the ?rst day she heard - and state they had a trunk full of alcohol and they?d been drinking from the time they left campus. In addition she said she saw them having mixed drinks at the Happy Ilour. ?You get the impression that this is a mini-vacation?this is an excuse to party." - sad she does -. et_ dates a the social hour much of the time. "They disappeared a lot?they were doing their own thing.? said ordered a beer that was served in a special glass at dinner. She observed that he argued with the waiter when he was presented with the bill ($16.49) and he left the restaurant in angrily. She said that several of the staff saw the exchange and offered to pitch in and cover the charge. She said informed them this would not be necessary and instructed put the charge on the University credit card. and 20 said she recalls at least three work events she attended when alcohol was served. She said she isn?t completely certain which ones they were. she believes there was alcohol served on - at a welcome for . and a staff breakfast on . a coffee gathering on said he never saw a copy of the retreat agenda prior to the event. and he did not attend last year?s nor this current year?s retreat due to said he was unaware ofthe costs associated with the recent retreat. He said mentioned the cluster was in the process of planning a retreat to Monterey, but he was not aware of the details. He recalls making an off-hand comment to him something to the effect of, ?it?s kind of weird that does not want to do team building like - always did.? He said he heard that the cost of the hotel was high, but that- approved the expenses. - stated on Friday, October 9. 2015, initially tried to contact him early in the morning but he was not available He said he walked over to - - office at about 2 pm. that afternoon and she shared with him the details of the ina propriate behavior allegedly exhibited in the hotel room. He said he immediately contacted in I- and walked over to report it to her in person. He said he returned to the office and met with - and - at approximately 3:00 pm. and they provided him with an expanded version of the reported conduct. He said was initially hesitant to report the matter, but at some point it dawned on her that she was a mandatory reporter and had the obligation to do so. He said both women were conflicted about making an of?cial report they agonized about doing so because they really liked- - relayed in essence the identical statement provided to me by - He stated that in his discussion with them, - and told him that they never disclosed to the nature of his behavior in the hotel room. - said he spoke with again at about 4 pm. and he participated in a conference call at approximately 5:00 pm. with various administrators. He relayed the subsequent events, culminating in the emergency staff meeting held on Monday, October 12. 2015. When asked about alcoholic beverages served at staff functions, stated that he has no knowledge of this and has not witnessed alcohol being served with the exception of- party with an alcohol permit. - said he attended the breakfast for in July and said he did not see any alcoholic beverages being served. "1 was there, there were about 100 people in attendance. and I did not see it.? said that he worked closely with during his short time with . He said he respected his work and in this short time he had started to make 71 some si ni?cant ehan es. said he had some ver dif?cult ersonnel matters that had provided him with support. said he did not see the agenda prior to the retreat-- he said he had been in - at the time and did not see it until he returned the following week. He said after being briefed 011 the event and the allegations, he felt it was extremely important that the matter be investigated. said - met with him on or about October 15, 2015 and explained to him the alleged conduct in detail. He said - told him that asked her whether he did anything the night before that would make him lose his job. According to .t told him that she proceeded to tell just about everything that he did that evening in the hotel room. Because statement did not comport with that of the reporting parties with regard to this one aspect, I made a follow up phone call to - on October 30, 2015, during which she con?rmed that her earlier statement was accurate. contacted me on Monday, November 2, 2015, and infomted me that - met with him to challenge his memory of their conversation. (Iler position is that she did not disclose to his diseretions in the hotel room). - asked to meet with me that afternoon. During our meeting, con?rmed his earlier statement. In the meantime, - sent to me an email stating, met with this morning, (11/2/15) and stated to him that he was mistaken with the information he gave you about me telling him that I told everything that happened the night of October This is not true at all. was going to email you with his corrected statement.? stated that spoke with him when he returned from - (prior to the investigation process) and shared with him his concerns relating to the unprofessional atmosphere of the retreat. V. ANALYSIS AND FINDINGS FACT In coming to my ?ndings, I took under review the information obtained during my interviews with the individuals who attended the retreat.5 1 obtained articulate and thoughtful reports from the staff, many who were profoundly impacted by the experience. My findings come as a result of an examination of the documents provided to me and deep re?ection on the information shared by members of When resolving disputed facts, I relied in part on credibility assessments that 1 made based on the individual?s demeanor during the interviews, the corroborating evidence, and other factors to support an individual?s level of honesty. 22 A. Allegations of Improper Conduct 1. Events in the Hotel Room In general terms the statements provided by the reporting parties, -, and were consistent. They reported that their boss, holding the title of Chief Administrative Of?cer, acted in a highly inappropriate manner by making physical contact with one of them, disrobing and entering the bathtub naked, and reentering their hotel room in various stages of undress, while in their presence. Their accounts differ only in that- stated that he jumped into - lap while - and - stated that he hugged - - and in doing so placed his head in her chest area. Based on the witness statements, it is evident that the consumption of alcohol contributed to an unfortunate set of events. was admittedly present in the hotel room during the time period that the alleged conduct occurred, states he Was only ?buzzed," and denies seeing the alleged behavior. If he was not impaired by alcohol, I find it highly likely that he would have observed the alleged conduct. This fact is supported by his statement, ?If my peers had done such outrageous things, I would have noticed.? His statements directly contradict each other and I am left to conclude that - is not a credible witness and I am unable to rely on his testimony. Due to the fact that there is no credible information available to refute the allegations, I find that the reported conduct likely occurred. I find a discrepancy between statement and regarding what - told about his behavior in the hotel room. contends she did not disclose anything to him about his conduct, while asserts that - told him (- that she told most of what occurred in the hotel room. Ultimately, whether the reporting parties disclosed his discretions to is not a primary focus of this investigation as it is not relevant to a determination regarding whether misconduct occurred. However, in contacting regarding this very sensitive matter, - disregarded explicit instructions I provided to her on October 23, 2015. During our meeting I explained that I was charged to conduct an official University investigation concerning a confidential matter. In order to protect the integrity of the investigation, I asked that she not discuss this matter with anyone. By her own admission- met with and in essence tried to persuade him to change his statement. I consider this to be a serious matter and ?nd that - attempted to interfere with a University investigation. 2. Consumption of Alcohol in a Moving Vehicle It was reported that and had a cooler in the rear of a SUV and consumed alcoholic beverages while a subordinate employee did the driving to Monterey. When questioned about the conduct, - 23 and - admitted to it. In contrast, - was visibly surprised, moved back in her chair, and her face turned red. She responded that she may have reached back into the cooler for a bottle of liquid to quell her thirst after having eaten salty food at lunch. Her account is not reasonable or plausible and con?icts with a credible report asserting she was observed drinking for the entire drive and subsequent comments she reportedly relayed to others regarding her ?trunk full of alcohol.? By their own admissions, there is no dispute that - and consumed alcoholic beverages in the back seat of a motor vehicle while on pay status and travelling on official University business.6 the driver of the motor vehicle, allowed two passen ers to consume alcoholic beverages while driving a vehicle owned by one of the passengers7, h, en route to a business related function, fully funded by the University. 3. Other conduct While certainly they were not the only ones drinking alcohol, the majority of participants commented on the unprofessional behavior exhibited by the three managers. For instance, a reliable source said he observed - intoxicated in the hotel lobby at approximately 3 pm. the ?rst day. I received multiple reports that was under the in?uence of alcohol during dinner; his drinking reportedly accelerated over the course of the evening. One employee stated that - and were ?drunk right off the bat? and observed them consuming mixed drinks at Happy Hour. In addition to information surrounding consuming alcoholic beverages, many employees commented on the lack of leadership and poor judgment demonstrated by the management team. The staff remarked that the three managers were disengaged and appeared about forty-five minutes late to dinner. The change in dinner venue was noted by many employees. This last minute change caused unnecessary confusion as the staff did not receive notification of the new location, but rather learned of it from word of mouth. was reported to have abruptly left in the middle of dinner to look for a game. Many of the individuals commented on the ??asco? with the stolen wallet. From the information obtained. it is evident that and - chose to travel to to transact personal business, causing an unnecessary delay in the group?s departure on the second day. Some staff stated that this was disrespectful towards their host who was prepared to expect them at the time indicated on the itinerary. Management had many opportunities to take control and change the course of the event as it unraveled over the course of the two days. The consumption of alcohol and general oor judgment prevented them from making these corrections. The staff, six new to i - looked to their managers for direction during the retreat. They failed to follow the agenda issued prior to the retreat and did not set a positive example of professional conduct. 6 Violation of 23.223 (B) and 23.226 (B) of California Vehicle Code 7 Violation of23.225 (A) Section l.ofCalifomia Vehicle Code 24 Many individuals expressed shock and disappointment with their manager?s conduct and lack of demonstrated leadership. For the reasons described above, 1 ?nd suf?cient evidence to support that the three managers exhibited a lack of professional businessjudgment and executed their supervisorial duties poorly. B. Allegations of Misuse of University Resources 1. Lodging and Meals Seventeen employees travelled to to participate in a two- day off-site retreat. Employees departed from campus on October 7, 2015, at approximately 9:45 am. and shared rides in personal vehicles to their destination. Expenses for lodging, meals, and mileage were charged to the grant funds of His unrestricted grant funds were used to support the retreat; expenses were not charged to state or federal funds. Notably, the retreat expenses were approved by and went through the proper approval channels as required by the University. As reflected in the itinerary sent to all staff by - on October 5, 2015, and con?rmed by the staff, no of?cial University business was conducted on the ?rst day. Based on reliable witness statements. approximately four hours were spent on the second day touring a research station, agricultural ?elds, and the - factory. Approximately one hour was spent having lunch at an Italian restaurant. Expense reports re?ect that a total of $4006.42 was incurred for lodging expenses at the Intercontinental Hotel on Cannery Row in Monterey. Additional expenses are as follows: Lunch (10/7) $225.91 Dinner (10/7) $522.49 Alcoholic beverage (10/7) $16.49 Lunch (10/8) $593.50 Mileage reimbursement for 5 cars $1,275.00 Total Travel Expense for the two day retreat was $6,639.81 In the course of this investigation I discovered that asked Account Manager - - to solicit a donation from from his ?various donor accounts? and he contributed an additional $500.00 to support the retreat. Based on their statements, - and de?ect responsibility for the signi?cantly high lodging expenses to the Purchasing Assistant, who reports to - Based on credibility, I accept her account that - instructed her to ?nd a hotel 0 and that no other location was satisfactory. 1 base my assessment of overall demeanor and the three interactions 1 had with her in the course of the investigation. In each case - recall precisely the dates of and details of conversations she had with - - provided reports to support her statements, and displayed an earnest demeanor. 25 - failed to disclose that she directed to solicit additional monetary donations for the retreat from another faculty member. actions indicate that she was well aware of the high lodging costs and made a deliberate decision to ?nd funds elsewhere. For these reasons, I ?nd that - was responsible for selecting the Intercontinental as the hotel venue. As provided for under the University?s policy on Reporting and Investigating Allegations of Suspected Improper Governmental Activities, the University has a responsibility for the stewardship of University resources and the public and private support that enables it to pursue its mission. In this case, the PI. funding the activity approved the expenditures and firmly believes that his unrestricted funds were put to good use to ?educate of my research and extension programss,? and ultimately approved the expenditures in totality. I find insufficient evidence to support a ?nding of misuse of University funds but I do ?nd the managers exercised poor judgment in association with these expenses as follows: I) As stewards of the University, management did not responsibly execute their responsibilities with respect to managing costs associated with the retreat. Given the limited time expended on University business during the two days, I do not ?nd a legitimate University purpose that necessitated the exceedingly high travel expenditures. 2) Management did not act responsibly in expending University resources associated with these activities, specifically with respect to the effort of University personnel, in providing seventeen employees with two days of paid release time. 3) Management?s decision to ask that some employees ?triple-up? in rooms and for some to share a bed was not sound. Note: For the purposes of comparison, I obtained the agenda from last year?s retreat (Exhibit 7) 2. Alcoholic Beverage Expense The expense re ort includes a charge of $16.49 for the purchase of one alcoholic beverage consumed by at Bubba Gump?s restaurant on October 7, 2015. I accept a reliable report that was unhappy with the high price charged for his beer and left without paying for it. It had been made clear that employees were responsible for purchasing their own alcohol; the restaurant created a separate bar tab apart from the charges associated for the food. Based on credible witness statements, I find that directed to charge the expense to the University. Pursuant to Policy BUS-79, V. B. unrestricted grant funds may be used for the purchase of alcohol in connection with events authorized under the bulletin. Such activities described in the bulletin must support the University?s mission and/or support a purpose such as promoting goodwill, donor cultivation, etc. 8 Information obtained in email communication from dated 1 l/8/2015 (Exhibit 26 Given the dinner was not business relatedcircumstances as described in this report, I do not ?nd reimbursement for alcohol purchase to be allowable under BUS-79, Expenditures for Entertainment, Business Meetings, and Other Occasions. Res ectfull Submitted, Qi/W/l'x/m/ 20/3 27