ktracy2@kennesaw.edu RE: Tltle lx Investigation of-- From Erika Graven Wed, Feb 03, 2017 08:26 AM Subject Title IX investigation of -- To 'Sam Olens' Cc :Jeff Milsteen Hello 5am -- recelved the report ofthe external reviewer the --natter. The external revlewer concluded that there was lnsufficlent ewdence to charge the Respondent vlolanng the Sexual Mlsconduct Pollcy. accepted the external revlewer's concluslon and will send the pames a letter such a copy of the report. KSU asked the external revlewer to make one change to the report and remove the conndennal memorandum header lexpect to recewe the updated report somenrne today and then I send to the Dames. Each party has nve buslness days to an appeal. The level of appeal is KC White Please contact me if you have any questlarls. Erlka From: Sam Olens Sent: Monday, December 12, 2016 7:54 PM To: Erika Gravett Subject: Re: Title IX investigation 0-- Thank you. Sam Olens Sent from my iPhone On Dec 12, 2016, at 5:40 PM, Erika Gravett wrote: Hello Sam - I am in receipt of the email. The investigation into this matter was reopened under the new policy at the Respondent's request. The external investigator, Erika Robinson, is continuing the investigation. I have consulted with KSU Legal Affairs and the Systemwide Title IX Administrator on every step we have taken and they are in agreement with the steps we have taken. 1013 2/24/2017 358 PM As an aside, I expeCI ihat 1his case will come to you on appeal regardless of ihe outcome. I will coniinue lo keep you apprised. Erika On 12, 2016, a12:11 PM, Sam Olens wroie: Sam Olens Seni from my iPhone Begin forwarded message: From "Earl Ehrhari" Sam Olens' Sub ec Fw: Title IX Investigation of- Sa m, This was the second of the absolutely ridiculous cases was concerned about. label this one "Breakfast with a rapist" made forTv absurdity. lam hopeful my legislation removing such cases from use jurisdiction and placing them solely in the criminal system will solve this nonsense. with a new Administration in DC the guidance letters are now garbage, and the threat offederal funding is off the table. I plan a visit with the new us Education Secretary in Washington very soon to make this a priority if possible. lwill let you know of the progress of the legislation. I also hope this case can be dealt with in an expeditious manner benefiting its absurdity. The Cobb police were EVIDENCE complainant changed her story. CASE CLOSED. How on earth a University bureaucrat can be allowed to draw a different conclusion ruining someone's life escapes me. Earl From: isa Wells [mailto Llsa@glgol3w.cum] Sent: Thursday, December a, 2016 11:02 AM olenstennesaw edo Cc: Earl Subject: Title IX investigation of-- Mr olens, 2013 2/24/2017 358 PM Zu-nbra 3013 don't know remember me out we have met several times at the Sandy Springs BarAssoclztion lunches. Congratulations on your new position! I have been representing a very nice young man who has been ialsely accused of sexual misconduct and the investigation has plagued my client since March oithis year Please see attached letter regarding lalse allegations against my client and the resulting Title IX investigation ol lt has come to my attention that on November 18 you had an open lorum that talked about some areas needing improvement at KSU. I was told that if there was anything that needed your attention you invited those with concerns to email you and you would take to time to look at that issue. have copied Rep. Ehrhan in this email believe he has mentioned this case to you already He has taken a close look at this case and is also extremely troubled oythis entire situation. iwant you so see all oithe details and to know how longthis has torrnented Thank you so much iorthetakingthe time read my letter thati attached and any of the other documents I have provided. Kindest Regards, Lisa Wells <794c163 [Ba Welt, NEWADDRESS 315 Washington Ave Mariettaea zuusu 01c 77qu am Ce-- F2 .494 39 9955 Letter to Sam Olens.pdf> <0cmber 12 Email .pdf> <0bjeclion Lener.pdf> 2/24/2017 358 PM Emaii' LI 3 A LS Olltce: 77015573701 COITI ATTORNEY AT LAW Cell. Ace-434,21" ebsile, Fax' 40473937W65 AllunmCIimeLowYel com December B, 2016 VIA EMAIL Mr. Samuel Olen: President and CEO Ofl'lce ofThe President 440 Banow Avenue NW Kennesaw. GA 30144 RE: False Allegation ot Rape Resulting in Prolonged investigation Dear Mr. Olens: i write this to letter to bring your attention to a troubling matter that has taken place on the KSU Campus. A ialse allegation ot rape was made by a student, against- _and thereinafter, the KSU investigation has resulted in a traumatic and stressful experience for my client that has been ongoing since March ot this year. My client was given notice of investigation on March 18 and was first interviewed on March 21, 2016. Meanwhile, KSU police conducted an independent investigation. My client was interviewed as many times as the police requested and witnesses were interviewed as well. The case was reviewed by Assistant District Attorney Susan Treadaway in the Cobb County DA's Office and was closed on May 5, 2016 due to inconsistent statements given by the alleged victim and a lack of evidence to substantiate the allegations. lMr._tinally shared the embarrassing situation with his tamily and contacted me. As a former ADA in the Crimes Against Women Unit and now as a criminal detense attorney, 1 was appalled at the apparent bias in the investigation and the incredible inconsistencies in the accusers stories, not to mention the arbitrary deadlines, lack ot cooperation by KSU staff to accommodate my court contlicts and unequal treatment applied to students: the old standards were applied to my client and the new standards were applied to another student who has a similar accusation in January ot which i had tirst hand knowledge. After I sent the attached email and letter, we were informed the investigation would restart under the new standards. Meanwhile, the stress and trauma and uncertainty still plagues my client. He has spent his money earned on his part time jobs on my representation, which would be tar worse in had not reduced my rates due to my personal interest in seeing justice. My client has spent time in my ottice rather than studying and the stress may have contributed to a car accident he had alter meeting in my othce with his parents one evening past9pm before the hearing was stayed. His grades have suffered as well as his mental health. My client already suffers from stress related illnesses and had been recovering trom prior bouts ot depression. Meanwhile the accuser has violated Kennesaw State Student Code by intentionally making a talse and malicious report ot sexual misconduct against my client that has resulted in the ongoing nightmare my client still is enduring. Additionally, Ms _has talsely and publicly accused my client or rape to numerous students resulting in embarrassment and humiliation and has made it ditticult to hold his head high as he attends classes and interacts with students I would like to meet with you to discuss the incredible inconsistencies and the continued investigation that is bordering on harassment and should be terminated. Title ix has gone too tar it it denies certain students the ability to pursue an education tree trom a hostile environment to do so. It is my beliet that it my client would have simply gone to the movie with his accuser as originally planned. (please see attached investigation) this whole accusation would not have arisen. Sincerely, 414/ isa Wells Other Attachments: October 12 Email investigation Report Objection Letter