From:

To:
Subject:
Date:
Attachments:

Kalka Michelle
Pearthree
LouAn
n
FW: OCR Case No. 01-15- 2204
Thu rsday, April 27, 2017 1:02:07 PM
Complaint Ame nded Redacted. pdf

-----Original Message ----hendeI@yaJe
edu]
From: Hendel, Caroline [majjto'carohne
Sent: Thursday, April 27, 2017 3:54 PM
To: Kalka, Michelle
Subject: OCR Case No. 01- 15-2204
Dear Ms. Kalka ,

!

in Federal District Court for
As romised, I am attaching a copy of the amended complaint filed on!(b)(6),{b)(?)(C)
th (b)(6),{b)(7)(C)
by the complainant. I think you will see that the allegations in the OCR complaint, at
least as the University understands them, have been filed against the University in this action in Federal Court.
I look forward to hearing from you.

Sincerely,
Caroline Hendel
Caroline G. Hendel
Senior Associate General Counsel
Yale University
Office of the Vice President and General Counsel
2 Whitney Avenue, 6th Floor
New Haven, CT 06510
203-432-4949

 From:

To:
Subject:
Date:

Hendel,Caro
line
Peart
hree LouA
nn
FW: OCR Case No. 01-15- 2204
Wednesday, May 03, 2017 2:00:07 PM

Dear Ms. Pearthree ,
I am forwarding to you the email I just sent t.o Ms. Kalka, having received her response that she is now on leave. As
you may know, I reached out to her in your absence last week.
I am hopeful that you have had a chance to review the complaint I forwarded to Ms. Kalka. Please let me know if
you have any questions.
Sincerely,
Caroline Hendel
----- Original Message ----Fro m: Hendel , Caroline
Sent: Wednesday, May 3, 2017 4:57 PM
To: 'michelle.kalka@ed.gov' <michelle.kalka@ed.gov>
Subject: RE: OCR Case No. 01-15-2204
Dear Ms. Kalka,
I write just to check in on this matter. Of course, plea se let me know if you need any further information.
Sincerely,
Caroline
-----Original Message ----From: Hendel, Caroline
Sent: Thursday, April 27, 2017 3:54 PM
To: 'michell e.kalka@ed.gov' <michelle.kalka@ed.gov>
Subject: OCR Case No. 01- 15-2204
Dear Ms. Kalka,
As ncaroisedI am arracbjnoa copy of the amended complaint filed o~ (b)(6),(b)(7)(C)
!in Federal District Court for
thd(b)(5).(b)(?)(C)
Tt;y the complainant. I think you will see that the allegations in the OCR complaint, at
least as the University understands them, have been filed against the University in this action in Federal Court.
I look forward to hearing from you.
Sincerely,
Caroline Hendel
Caroline G. Hendel
Senior Associate General Counsel
Yale University
Office of the Vice President and General Counsel
2 Whitney A venue, 6th Floor
New Haven , CT 06510
203-432-4949

 From:

To:
Subj ect:
Date:

Hendel,Caro
line
Pea
rthree LouAnn
Re: OCR Case No. 0 1-15-2204
Wednesday, May 03, 2017 2:37:54 PM

Thank you.
Sent from my iPhone
> On May 3, 2017, at 5:19 PM, Pearthree, LouAnn <Louann.Pearthree@ed.gov> wrote:
>
> Absolutely, we are analyzing the complaint vis a vis our open case and hope to respond to you shortly. I
apologize for not letting you know.
>
> -----Original Message----> From: Hendel, Caroline [maj)to·c
aro!jnehendeI@yaie
edu]
> Sent: Wednesday, May 03, 2017 5:00 PM
> To: Pearthree, LouAnn
> Subject: FW: OCR Case No. 01-15-2204
>
> Dear Ms. Pearthree,
>
> I am forwarding to you the email I ju st sent to Ms. Kalka, having received her response that she is now on leave.
As you may know, I reached out to her in your absence last week.
> I am hopeful that you have had a chance to review the complaint I forwarded to Ms. Kalka. Please let me know if
you have any questions.
>
> Sincerely,
>
> Caroline Hendel
>
> -----Original Message----> From: Hendel, Caroline
> Sent: Wednesday, May 3, 2017 4:57 PM
> To: 'michelle.kalka@ed.gov' <michelle.kalka@ed.gov>
> Subject: RE: OCR Case No. 01- 15-2204
>
> Dear Ms. Kalka,
>
> I write just to check in on this matter. Of course, please let me know if you need any further information.
>
> Sincerely,
>
> Caroline
>
> -----Original Message----> From: Hendel, Caroline
> Sent: Thursday, April 27, 2017 3:54 PM
> To: 'michelle.kalka@ed.gov' <michelle.kalka@ed.gov>
> Subject: OCR Case No. 01-15-2204
>
> Dear Ms. Kalka,
>
> As promised, I am attaching a copy of the amended complaint filed on!(b)(5).(b)(7)(C)
hnFederal District Court
for the!(b)(6),{b)(7)(C)
~y the complainant. I think you will see that the allegations in the OCR complaint, at

 least as the University understands them, have been filed against the University in this action in Federal Court.

> I look forward to hearing from you.
>
> Sincerely ,
>
> Caroline Hendel
>
> Caroline G. Hendel
> Senior Associate General Counsel
> Yale University
> Office of the Vice President and General Counsel
> 2 Whitney Avenue, 6th Floor
> New Haven, CT 06510
> 203 -432-4949
>
>

 From:

Pearthree, LouAnn

To:
Subj ect :
Date :

"Hende
l Caro
line"
RE: OCR Case No. 01-15-2204 hi
Wednesday, May 17, 2017 10:37:00 AM

Hi Caroline,
I don't mind at all. It is still under review.
Regard s,
LouAnn
----- Original Messag e----From: Hendel , Caroline [maj!to"carojjne
hendeI@yaie
edu]
Sent: Wednesday, May 17, 2017 9:34 AM
To: Pearthree, LouAnn
Subject: RE: OCR Ca se No. 01-15-2204
Dear Ms. Pearthree ,
I hope you don't mind my checking in again on your progre ss with your review of this complaint.
Thank you,
Caroline

-----Original Messag e----From: Hendel, Caroline
Sent: Monday, May 8, 2017 5:40 PM
To: 'Pearthree, LouAnn ' <Louann.Pearthree@ed.gov>
Subject: RE: OCR Case No. 01 -15-2204
Just a quick FYI that I will be out of town starting Tue sday afternoon. De spite my away message, I will be seeing
emails, though my responses may be delayed.
Sincerel y,
Caroline
----- Original Messag e----From: Pearthree , LouAnn [majjto-Louann
Pearthree@ed
gov]
Sent: Wednesday, May 3, 2017 5 :19 PM
To: Hendel , Carolin e <caroline.hendel@yale.edu>
Subject: RE: OCR Ca se No. 01 -15-2204
Absolutely, we are analyzing the complaint vis a vis our open case and hope to respond to you shortly. I apologize
for not letting you know.
-----Original Messag e----From: Hendel , Caroline [majjto-caro)jne
hendeI@yaie
edu]
Sent: Wedne sday, May 03 , 2017 5:00 PM
To: Pearthree, LouAnn
Subject: FW: OCR Case No. 01 - 15-2204

 Dear Ms. Pearthree ,
I am forwarding to you the email I just sent to Ms. Kalka, having received her response that she is now on leave. As
you may know, I reached out to her in your absence last week.
I am hopeful that you have had a chance to review the complaint I forwarded to Ms. Kalka. Please let me know if
you have any questions.
Sincerely,
Caroline Hendel
-----Or iginal Message ----From: Hendel , Caroline
Sent: Wednesday , May 3,201 .7 4:57 PM
To: 'michelle.kalka@ed.gov' <michelle.kalka@ed.gov>
Subject: RE: OCR Case No. 01- 15-2204
Dear Ms. Kalka,
I write just to check in on this matter. Of course, please let me know if you need any further information.
Sincerely,
Caroline
-----Ori ginal Message ----From: Hende l, Caroline
Sent: Thursday , April 27, 2017 3:54 PM
To: 'michelle.kalka@ed.gov ' <michelle.kalka@ed.gov>
Subject: OCR Case No. 01-15 -2204
Dear Ms. Kalka,
As promised, I am attaching a copy of the amended complaint filed on!(b)(6),(b)(7)(C) !in Federal District Court for
thd (b)(6),(b)(7)(C)
!by the complainant. I think you will see that the allegations in the OCR complaint , at
least as the University understands them, have been filed against the University in this action in Federal Court.
I look forward to hearing from you.
Sincerely,
Caroline Hendel
Caroline G. Hendel
Senior Associate General Counsel
Yale University
Office of the Vice President and General Counsel
2 Whitney A venue, 6th Floor
New Haven , CT 06510
203-432-4949

 Page 0007 of 1164
Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

 Receipt Date: 07/15/2015
Docket Number: 01-15-2204

1. Enter information about your self .
(b )(6) ,(b )(7)

First Name :

(Cl

Last Name :
Address :

State:

(b )(6) ,(b )(7)(C)

~~fl
(b) (6) ,(b) (7)(C)

Zip Code:
Best Time to Call You:

EVENING
(b )(6) ,(b)(7) (C)

Primary Phone Number:
Alternative Phone Number:
(bX6),(bX7XC)

Your Email Address:

l
_

2. Who else can we call if we cannot reach you?

Contact's Name :
Daytime Phone Number :
Relationship to you :
3. Who was discriminated against?

Discriminat ion Complaint Form Details - Page 1

 Myself
If someone other than yourself please include :

Injured Person's Name:
Daytime Phone Number :
Evening Phone Number :
Relationship to You
(eg. son or daughter)
Injured Person's Address:
City:
State:
Zip Code:
4. What institution discriminated?

Institution Name: Yale University
Address:
City:
State: CT
Zip Code:

Discriminat ion Complaint Form Details - Page 2

 School or department

involved :

5. Have you tried to resolve the complaint through the institution 's grievance process , due
process hearing, or with another agency?

Yes
Agency Name:

Internal grievance process

(b )(6),(b )(7)(C)

Date Filed:
Denied.

Current status of the complaint:

(bl<5 l,(bl<7 l<Cl

(b )(6),(b)(7)(C)

6. Describe the discrimination

On what basis were you discriminated

against?

sex; retaliation;
Description of each discriminatory

action:

(b)(6),(b)(7)(C)

lit the genders were reversed, the complainant
Lw_o_u_,l,...,dr-m-o-st::-r:ili
kr-e""Tl-y-rh_a_v_e-;-b_e_e_n-;f:-o-u-n-;d~r-e-s-po-ns-:i:-b:-le-;fo
r sex u a I harassment against me, in clud i ng for

Discrimination Complaint Form Details - Page 3

 the sexual interaction which Yale placed responsibility
(b)(6),(b)(7)(C)

on mel<bl<5l,(bl<7l<Cl

These concurrences were ongoing, and while at school, contributed

to a continuous hostile

environment .
Do you have written information

that you think will help us understand your complaint?

Yes

7. When did the last act of discrimination

Enter the date:

occur?

(b)(6),(b)(7)(C)

Discrimination Complaint Form Details - Page 4

 Are you requesting a waiver of the 180-day filing time limit for discrimination that occurred
more than 180 days before the filing of this complaint?
Yes
Reason for not filing complaint before 180 days.
Reason:
I am filing a request for a waiver in case I need it. The discrimination in this case has been
. since
.
. f'1rst starte d .inl(b)(6),(b)(? )(C)
ongoing
1t
rom t he YaIe T'1tI e IX Off'
· ice, and I have not had

It

a 180 day break in between to file.
8. What would you like the institution to do as a result of your complaint?

8. An overturning of their findings, findings against those who wronged me, reimbursement
for losses and damages. More due process rights for the accused and official penalties for
those who abuse the system.

Discrimination Complaint Form Details - Page 5

 l N ITED STATE S D E PA RTMENT OF ED UC ATIO N
OFFIC E FOR C IVIL RIGHTS , REGION I

5 POST OFFICE SQUARE. grn FLOOR
B0ST01'. MASSAClll SETTS 02109-3921

.July 15, 2015

(b)(6),(b)(7)(C)

Re: Complaint No. 01- 15-2204
Yale
Dear !<b)(6),(b)(7)(C)

This is to acknowledge that the U.S. Department orEducation. Office for Civil Rights
(OCR), Boston Enforcement Office received your electronic complaint on July 15, 2015.
We are currently evaluating your complaint to determine whether we have authority to
investigate your allegations.
You received a Consent Form via email and we have included one in this mailing. Please
sign, date, and return either form to us by mail or by fax at (617) 289-0150. Please note
we only 11eed011eform. If we need to disclose your name, we must receive the signed
consent form within 20 days of the date of this letter. or we will close the complaint. If
you have already returned the form. thank you.
OCR is committed to providing prompt and effective service. We will contact you in the
near future concerning the status of your complaint. lf you have any questions. please
contact Mrs. Nicole.Merhill at (617) 289-0040. or by email at Nicole.Merhill@ed.gov.

The Departmentof Education's mission is to promote s111de111
achievementand prepatationfo,· global compelitivenessl>y
jimering educationalexcellence and ensuring equal access.

 CONSENT FORM - FOR REVEALING NAME AND PERSONAL INFORMATION TO OTHERS
=(b~
)(~5 )-.(b-)=
( 7-)(c-)--~

' '"'---.e print or type except for signature line)

Your Name: Name of School or Other Institution That You Have Filed This Complaint Against:

•

This form asks whether the Office for Ci~il Rights (OCR) may share your name and other personal
information when OCR decides that doing so will assist in investigating and resolving your complaint.

•

For example , to decide whether a school discriminated against a person, OCR often needs to reveal that
person ' s name and other personal information to employees at that school to verify facts or get additional
information . When OCR does that , OCR informs the employees that all forms of retaliation against that
person and other individuals associated with the person are prohibited. OCR may also reveal the person ' s
name and personal information during interviews with witnesses and consultations with experts .

•

Tf OCR is not allowed to reveal your name or personal information as described above, OCR may decide to
close your complaint if OCR determines it is necessary to disclose your name or personal information in
order to resolve whether the school discriminated against you.
NOTE : If you file a complaint with OCR , OCR can release certain information about your complaint to the press or
general public, including the name of the school or institution ; the date your complaint was filed ; the type of
discrimination included in your complaint; the date your complaint was resolved , dismissed or closed; the basic
reasons for OCR's decision; or other related information . Any information OCR releases to the press or general
public will not include your name or the name of the person on whose behalf you filed the complaint.
NOTE : OCR requires you to respond to its requests for information . Failure to cooperate with OCR ' s investigation
and resolution activities could result in the closure of your complaint.

Please sign section A or section B (but not both) and return to OCR:
•

If you filed the complaint on behalf of yourself, you should sign this form.

•

If you filed the complaint on behalf of another ~pecific person , that other person should sign this form .

EXCEPTION: If the complaint was filed on behalf of a specific person who is younger than 18 years old or a
legally incompetent adult , this form must be signed by the parent or legal guardian of that person.
•

If you filed t

laint on behalf of a class of people , rather than any specific person , you should sign the form .

A. I give

identity (and that of my minor child/ward on whose behalf the
ther OCR's investigation and enforcement activities.

comp
(b)(6),{b)(7)(C)

Date
OR

B. I do not give 0.
my consent to reveal my identity (and that of my minor child/ward on whose
behalf the complaint is filed) to others. I understand that OCR may have to close my complaint.

Signature

Date

I declare under penalty of pe~jury that it is true and correct that I am the person named above ; and , if the complaint is filed on behalf of a minor child/ward , that I am
that person's parent or legal guardian . This declaration only applies to the identity of the persons and does not extend to any of the claims filed in the complaint.

 UNITED STATES DEPARTMENT OF EDUCATION
OFFICE FOR CIVIL RIGHTS, REGION I
5 POST OFFICE SQUARE, 8th FLOOR
BOSTON, MASSACH USETTS 02109 -3 9 2 1

APR17 2017

(b)(6),(b)(7)(C)

Re:

Case No . 0 1-15-2204
Yale University

Dear (b)(6),(b)(7)(C)
The U.S. Department of Education. Office for Civil Rights (OCR) is open ing for investigat ion
one of your six allegations in the above-referenced complaint that you filed against Yale
University (the University). In your complaint, you alleged that the University discriminated
against ou on the basis of sex and engaged in retaliation. Specifica lly, you alleged that during
the (b)(6),{b)(7)(C) semester, the University discriminated against you on the basis of sex when it
subjected you to an inequitable grievance process by failing to inform you of all allegations
against you. by denying you the opportunity to prov ide a full statement to a hearing panel, and
failing to consider all evidence you submitted prior to a decision being made in a case where you
were the respondent (Allegation 1).
ln addition. you alleged that the University discriminated against you and respondents as a class
when it refused to address your countei"claims against your
during the !<b)(6),(b)(7)(C)
accuser, and took the same action with regard to another responde nt's counterclaim during the
same time eriod (Allegation 2) . You also alleged that the University discrim inated against you
r-tt:~ ~~-,___J
it subjected you to inequitable grievance processes by !(b)(6),(b)(7)(C)
.______
Allegation 3): and,!~~~6),(bj(lj it denied you the right to speak to an attorney and
provided you an advisor not e ual to the advisor provided to your accuser (Allegation 4).
after ou (b)(6),(b)(7)(C)
Further, you alleged that in (b)(5),(b)(7)<C)
.__
__,
6
the University retaliated against you b) (b)( ),(b)(7)(C)
(Allegation 5). Finally, you alleged that the University violated your privacy rights under the
f amily Educational Ri hts and Privac · Act (FERPA ) by disclosing to another student that you
(Allegation 6).
were. or had been. (b)(6),(b)(7)(C)

!

I

I

__________________

OCR is responsible for enforcing Title IX of the Educat ion Amendments of 1972 (Title IX), as
amended, 20 U.S .C. § 168 I et seq., and its implementing reg ulation at 34 C.F.R. Part 106, which
prohi bit discrimination on the bas is of sex in educational progra ms and activities receiving
financial assistance from the U.S. Depa1i ment of Educatio n. The Univers ity is a recipient of
financial assistance from the U.S. Department of Education . The regulation implementing Title

 ____....

5
Page 2 of 4 - ,__
(bl < l,(b)(?)(C)

OCR Case No. 01- t 5-2204

IX, at 34 C.F.R. § 106.71, incorporates by reference 34 C.F.R. § 100.?(e) of the regulation
implementing Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., which
provides that no recipient or other person shall intimidate, threaten, coerce, or discriminate
against any individual for the purpose of interfering with any right or privilege secured by the
regulations enforced by OCR, or because one has made a complaint, testified, assisted, or
participated in any manner in an investigation, proceeding, or hearing. Therefore, OCR has
jurisdictional authority to evaluate this complaint under Title IX.
Allegation being opened

In Allegation L you alleged that the University discriminated a ainst ou on the basis of sex by
failing to provide an equitable hearing process during (b)(5 ),(b)(7 l(C)
Because OCR has
determined that it has jurisdiction over Allegation 1 and that it was timely filed, OCR is opening
this allegation for investigation. The legal issue OCR will examine is: whether the University
failed to promptly and equitably respond to reports and/or incidents of sexual violence and, if so,
whether the University perpetuated a sexually hostile environment, in violation of the Title IX
implementing regulations at 34 C.F .R. §§ I 06.8(b ). I 06.3] (a), I 06.31 (b ).
Please note that opening the allegation for investigation in no way implies that OCR has made a
determination with regard to its merits. During the investigation, OCR is a neutral fact-finder,
collecting and analyzing relevant evidence from you, the University, and other sources, as
appropriate. OCR will ensure that its investigation is legally sufficient and is dispositive of the
allegation, in accordance with the provisions of Article Ill of OCR's Case Processing Manual
(CPM). which can be found online at http://www2.ed.gov/about/offices/list/ocr/docs/ocrcpm.pdf.
For an overview of OCR's complaint evaluation, investigation, and resolution process, you may
access a document entitled ..OCR Complaint Processing Procedures" at the following link:
http://www2.ed.1wv/ahout/officcs/list/ocr/docs/complainLs-how.pdf.
To assist OCR in the investigation of your allegation, we are requesting relevant information
from the University and will contact you after we have reviewed this info1mation. When
appropriate, a complaint may be resolved before the conclusion of an investigation after the
recipient expresses an interest to OCR in resolving the complaint. ln such cases, OCR obtains a
resolution agreement signed by the recipient. This agreement must be aligned with the complaint
allegations or the information obtained during the investigation, and it must be consistent with
applicable regulations. Additional inf01mation about this voluntary resolution process is located
in the document entitled ·'OCR Complaint Processing Procedures'' and in Section 302 of the
CPM, which can be found online at the above-referenced links.
Allegations Being Dismissed

 Page 3 of 4

~ (b)(5 ),{b)(7 l<C)

!OCR Case No. 01-15-2204

University body would agree to pursue your complaint. Even if true, however, this allegation
1
does not state a violation of Title IX or any of the laws OCR enforces.
ln Allegations 3-5, you alleged discriminatory acts occurring in <~)(~), and ~under
the
University's grievance procedures. You filed your OCR complaint on July 15, 2015. OCR
requires that complaints be filed within 180 days of the alleged discrimination, unless the time
for filing is extended by this office. The information you provided indicated that you filed your
OCR complaint more than 180 days following the acts you complained of in Allegations 3-5. By
e-mail dated August 17, 2015, you requested a waiver of OCR· s timeliness requirement pursuant
to Section 107 of the CPM. You advised OCR that you did not file your OCR complaint sooner
because the University had no policy in place to protect respondents from "frivolous" or ,:false"
complaints. You also gave the reason that you were not aware of OCR's existence and also that it
is an inappropriate application of OCR policy not to consider all of your allegations timely since
the most recent act you identify fell within the timely period. OCR has detem1ined that none of
these circumstances qualify fora waiver of the timeliness requirement.
(b)(6),(b)(7)(C)

Therefore, even if true, such information does not support a pattern of potentially inequitable
practices. Accordingly, no waiver is granted and OCR has dismissed Allegations 3~5 as untimely.

In Allegation 6, you alleged that the University violated FERPA by revealing personal
information to your accuser. OCR does not enforce FERPA and we are dismissing this allegation
because we lack subject matter jurisdiction. The agency with authority to enforce FERP A
requirements is the Family Policy Compliance Office (FPCO). You may wish to contact the
FPCO at the following address to see if it has jurisdiction over your complaint:
Director
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-8520
Phone: 1-800-USA-LEARN ( 1-800-872-5327)
Under the Freedom of Information Act, it
correspondence and records upon request.
seek to protect, to the extent provided
released, could reasonably be expected
pnvacy.
1

may be necessary to release this
In the event that OCR receives
by law, personally identifiable
to constitute an unwarranted

document and related
such a request, it will
infonnation that, if
invasion of personal

To the extent you requested that OCR investigate this allegation as a class, rather than an individual, claim, that
allegation is also being dismissed. The allegation fails to state a claim, whether brought on behalf of an individual or
a class.

 Page 4 of 4 -

(bl(5l,(bl(7l<C)

OCR Case No. 01-15-2204

If you have any questions regarding this letter, please feel free to contact OCR Senior Civil
Rights Attorney, LouAnn Pcarthrec by telephone at (617) 289-0138, or by e-mail ·at

louann.pearthree@ed.gov.
Sincerely,

Compliance Team Leader

 UNITED STATES DEPARTMENT OF EDUCATION

OFFICEFORCIVILRIGHTS, REGIONI
5 POST OFFICE SQUARE, 3th FLOOR
BOSTON, MASSACHUSETTS 02109-3921

APR17 2017
Dr. Peter Salovey
President
Yale University
P.O. Box 208229
New Haven. Connecticut 06520 -8229
Re:

OCR Case No. 01-15-2204
Ya le University

Dear Pres ident Salovey :
The U.S. Department of Education (Department). Office for Civil Rights (OCR) is opening an
investigat ion concerning the above-referenced comp laint filed aga inst Yale University
(University\ in vvhich the Complainant alleged that the Univers ity discriminated against him on
semester, the University
the basis of sex. Spec ifically, he alleged that during the (b)(5 ),(b)(7 l(C)
discriminated against him on the basis of sex when it subjected him to an inequitable grievance
process by failing to inform him of all allegations against him , by denying him the. opportunity to
provide a full state ment to a hearing panel , and by failing to consider all evidence he submitted
prior to a decision being made in a case where he was the respondent.
OCR is responsible for enforcing Tit le IX of the Education Amendments of 1972 (Title JX), as
amended , 20 U.S .C. § 168 l et seq., and its imp lementing regulation at 34 C.F .R. Part 106, which
proh ibit discrimination on the basis of sex in educationa l programs and activities receivi ng
financial assistance from the Depaiiment. The Univers ity is a recipient of financ ial assistance
from the Department. Therefore. OCR has jur isdictiona l authority to investigate this comp laint
under Title IX.
Because OCR has determined that it has ju risdiction over the allegation and that it was timely
filed. OCR is opening the allegat ion for investigation. The lega l issu e OCR w ill examine is:
Whether the University failed to promptly and equ itably respond to reports and/or
incidents of sexual vio lence and, if so, whether the University perpetuated a sex ually
hosti le environment , in violation of the Titl e IX implementing reguJat ions at 34 C.F.R.
§§ 106.8(b). 106.3l(a ), 106.3l(b).
Please note that opening the allegation for investigation in no way implies that OCR has made a
determination with regard to its merits. During the investigation , OCR is a neutral fact-finde r,

 Page 2 of 3 - Data Request, Complaint No. 01-16-1312
collecting and analyzing relevant evidence from the Complainant, the University, and other
sources, as appropriate. OCR will ensure that its investigation is legally sufficient and is
dispositive of the allegation. in accordance with the provisions of Article III of OCR's Case
Processing Manual (CPM), which can be found online at:
http:!/www2.ed.!..'.(
n'/ahoutio flices/1ist/ocr/docs/ ocrcpm. pdf
For an overview of OCR's complaint evaluation, investigation, and resolution process, you may
access a document entitled "OCR Complaint Processing Procedures" at the following link:
http://\\'\.\W2.ed.!!ov/about/officcs/list/ocr/docs/compla1nts-hov ...
·.pdf.
OCR's goal is the prompt and appropriate resolution of the allegations contained in a complaint.
To facilitate OCR 's etforts to investigate this complaint, OCR requests that within fifteen (15)
days of the date of this letter, you provide to OCR the information listed on the enclosed data
request. If OCR does not receive the data in a timely manner, OCR may conduct a site visit to
obtain the data.
OCR's authority to gather information and conduct an investigation is found in the regulation
implementing Title VI of the Civil Rights Act of I 964, at 34 C.F.R. §§ 100.6(b) and (c) and
100.7(c), which is incorporated by reference into the Title IX implementing regulation at 34
C.F.R. § 106.71. The regulation implementing the Family Educational Rights and Privacy Act at
34 C.F.R. § 99.31(a)(3)(iii) specifically authorizes educational institutions to disclose personally
identifiable information concerning students to OCR. Further, pursuant to 34 C.F.R. § 100.6(c),
an institution may not assert considerations of privacy or confidentiality to bar OCR from
perfonning its investigative function. Accordingly, the University must provide OCR access to
the University's records in original, non-redacted form. OCR will collect only material needed to
investigate this complaint and will take all proper precautions to protect the identity of any
individuals named.
When appropriate. a complaint may be resolved before the conclusion of an investigation after
the recipient expresses an interest to OCR in resolving the complaint. In such cases, OCR obtains
a resolution agreement signed by the recipient. This agreement must be aligned with the
complaint allegations or the information obtained during the investigation, and it must be
consistent with applicable regulations. Additional information about this voluntary resolution
process is located in the document entitled ··OCR Complaint Processing Procedures'' and in
Section 302 of the CPM, which can be found online at the above-referenced links.
Please note that the nondiscrimination laws OCR enforces prohibit the University from
retaliating against. intimidating, or harassing anyone who files a complaint with OCR or
participates in an OCR investigation. If such conduct should occur. an individual may file
another complaint with OCR alleging such treatment.

 Page 3 of 3 - Data Request. Complaint No. 01-16-1312
Under the Freedom or lnfornmtion Act, it may be necessary to release this document and related
correspondence and records upon request. In the event OCR receives such a request) it will seek
to protect to the extent provided by law, personally identifiable information that, if released,
could reasonably be expected to constitute an unwarranted invasion of privacy.

If you have any questions regarding this letter or the enclosed data request, please contact
LouAnn Peai1hree, Senior Civil Rights
Attorney, at
(617) 289-0138 or
LouAnn.Pearthree@_ed.gov.
Sincerely.

Enclosure

 Page 0022 of 1164
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(b )(6) ,(b )(7) (A) ,(b )(7) (C) ,(b )(7) (E)

of the Freedom of Inf ormation and Privacy Act

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Withhe ld pursuant to exemption
(b )(7) (A ),(b )(7) (E)

of the Freedom of In formation and Privacy Act

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(b )(7) (A ),(b )(7) (E)

of the Freedom of In formation and Privacy Act

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(b )(7) (A ),(b )(7) (E)

of the Freedom of In formation and Privacy Act

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(b )(7) (A ),(b )(7) (E)

of the Freedom of In formation and Privacy Act

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of the Freedom of In formation and Privacy Act

 Press Statement
Yale University, OCR Complaint No. 01-15-2204
OCR dismisses a complaint filed under Title IX because the same alle ation is currently
pending before the U.S. District Cou (b)(6)
,(b)(7)(C)
The U.S. Department of Education, Office for Civil Rights (OCR) administr· tivel los d a
complaint filed against Yale Uni vers ity (University), alleging that during the (b)(5),(b)(7)(C)
(6J,(bJ({) the University discriminated against the Complainant on the basis of sex when it
subjected him to an inequitable g1ievance process by failing to inform him of all allegations
against him , by denying him the opportunity to provide a full statement to a heari ng panel, and
by failing to consider all evidence he submi tted prior to a deci sion being made in a case where he
was the respondent.

l~~
1

I

O (b)(6),(b)(?)(C)
, the Complainant filed a complaint in federal court , which he later amended
o (b)(5),(b)(7)(C) OCR 's review of the complaint found that the allegat ions filed with OCR are
the same as those filed against the University with the U.S. Di strict Court for the (b)(6),(b)(?)(C)
l(b)(6),(b)(?)(C) and the case is currently pending. 1 Pursuant to OCR' s Case Processing Manual ,
OCR will close a complaint administrative ly when the same allegations filed by the complainant,
against the same recipient, are currently pending with a federal court. OCR anticipates that all of
the allegations will be addressed, the remedy will be the same as the remedy that would be
obtain ed if OCR were to find a violation of the complaint , and there will be a comparable
resolution process under comparable legal standard s. It was deemed appropriat e, therefore, to
administrative ly close OCR Complaint No. 01-15-2204.

I

Case Summary Information
•
•
•

•

•

•

•

1

On July 15, 2015, a complaint was filed against Yale University raising the issue of the
University's grievance process.
On April 17, 2017, OCR opened the complaint for investigation .
On April 27, 2017, OCR learned that the same complaint allegation regarding his treatment
under the orievanc e rocess was filed b the Complai nant with the U.S. District Court for the
(b)(6),(b)(7)(C)
As of September 19, 20 17, the above case was currently pending in which the Comp lainant
alleges that Yale University violated Title IX in its handlin g of a case in which he was the
respondent.
OCR anticipates that the court will address all allegations in Complaint No. 01-15-2204 , and
any remedy obtained will be the same as the remedy that would be obtained if OCR were to
find a violation , and there will be a comparable resolution process under comparable legal
standards.
OCR administratively closed the complaint pursuant to Section llO(b) of OCR' s Case
Proces sing Manual, which provides that OCR will close complaint allegations when the same
allegations have been filed by the complainant against the same recipient with state or federal
court.
OCR also advised the Complainant, pursuant to Section llO(b), that he may re-file within 60
days following termination of the court proceeding if there has been no decision on the
merits or settlement of the complaint allegation. He was informed also that dismissa l with
prejudice is considered a decision on the merits.

On September 18, 20 17, OCR accessed PACER and found that Yale's Answer to the complainant's
Second Amended Complaint is due b~(b)(6),(b)(7)(C)

I

 UN ITED STAT ES DEPARTM ENT OF E DUC ATIO N
OFFICE FOR CIVIL RI GHT S, REG IO N I
5 POST OFF fCE SQUARE,
BOSTON, MASSACHUSETTS

FLOOR
02 109-392 1

8TH

September 26, 2017

Dr. Peter Salovey
President
Yale University
Sent via e-mail at President @Yale.edu
Re:

Case No. 01-15-2204
Yale University

Dear President Salovey:
This letter is to notify you that the U.S. Department of Education, Office for Civil Rights (OCR)
is administratively closing the above-referenced complaint filed against Yale University (the
University), in which the Complainant alleged that the University discriminated against him on
the basis of sex. Specifically, he alleged that during the!(b)(6),(b)(7)(C) !semester, the University
discriminated against him on the basis of sex when it subjected him to an inequitable grievance
process by failing to inform him of all allegations against him , by denying him the opportunity to
provide a full statement to a hearing panel, and by failing to consider all evidence he submitted
prior to a decision being made in a case where he was the respondent.

_______

During the course of investigating this complaint , OCR learned thaf theCompjajnant
filedfhe
_.
same allegations in a complaint with the U.S. District Court for the .__
(b)(5),(b)(7l(C)
Pursuant to Section l lO(b) of OCR' s Case Processing Manual (CPM), OCR will close a
complaint when the same allegations filed by the complainant, against the same recipient, are
currently pending with a federal court. Therefore, OCR has concluded that it is not appropriate
to continue investigating this complaint, and OCR is dismissing the complaint as of the date of
this letter.

The complainant may re-file his complaint within 60 days following termination of the court
proceeding if there has been no decision on the merits or settlement of the complaint allegation.
(Dismissal with prejudice is considered a decision on the merits.)
Under the Freedom of Information Act, it may be necessary to release this document and related
con-espondence and records upon request. In the event that OCR receives such a request, we will
seek to protect, to the extent provided by law, personally identifiable information, which, if
released , could reasonably be expected to constitute an unwan-anted invasion of privacy.

The Department of Education's mission is to promote student achievement and preparation for global competitiveness by
fost ering educational excellence and ensuring equal access.

 Page 2 of 2 - President Peter Salovey ; OCR Complaint No. 01-15-2204
lf you have any questions regarding this letter, you may contact Senior Civil Rights Attorney
LouAnn Pearthree at 617-289 -0138 , or by e-mail at LouAnn.Pearthree@ed .gov .

Cc:

 UN ITED STAT ES DEPARTM ENT OF E DUC ATIO N
OFFICE FOR CIVIL RI GHT S, REG IO N I
5 POST OFF fCE SQUARE,
BOSTON, MASSACHUSETTS

FLOOR
02 109-392 1

8TH

September 26, 2017

I

l<b
)(6),(b)(?)(C)
o

Sent via e-mail a
Re:

t)(6) ,{b)(7)(C)

Case No. 01-15-2204
Yale University

Dear (b)(6)
,{b)(7)(C)
This letter is to notify you that the U.S. Department of Education, Office for Civil Rights (OCR)
is administratively closing the above-referenced complaint you filed against Yale University (the
University). In your complaint , you alleged that the University discriminated against you on the
basis of sex and engaged in retaliation. Specifically, you alleged that during the!{b)(6),(b)(7)(C)
semester, the Unive rsity discriminated against you on the basis of sex when it subjected you to
an inequitable grievance process by failing to inform you of all allegations against you, by
denying you the opportunity to provide a full statement to a hearing panel, and failing to consider
all evidence you submitted prior to a decision being made in a case where you were the
respondent.

l

During the course of the evaluation of your complaint, OCR learned that you filed the same
allegations in a complaint with the U.S. District Court for the!(b)(6),(b)(7)(C)
I Pursuant to
Section l lO(b) of OCR's Case Processing Manual (CPM), OCR will close a complaint when the
same allegations filed by the complainant, against the same recipient, are currently pending with
a federal court. Therefore, OCR has concluded that it is not appropriate to continue investigating
your complaint, and OCR is dismissing your complaint as of the date of this letter.
You may re-file your complaint within 60 days following termination of the court proceeding if
there has been no decision on the merits or settlement of the complaint allegation. (Dismissal
with prejudice is considered a decision on the merits .)
Please also note that OCR ' s closure of your complaint does not prevent you from filing a new
complaint with OCR in the future, or from contacting OCR for technical assistance. If you
choose to file a new OCR complaint , please note that OCR generally requires that complaints be
filed within 180 days of the alleged discrimination, or they may be dismissed as untimely.
Under the Freedom of Information Act, it may be necessary to release this document and related
correspondence and records upon request. In the event that OCR receives such a request , we will
seek to protect, to the extent provided by law, personally identifiable information, which, if
released, could reasonably be expected to constitute an unwarranted invasion of privacy.

The Department of Education's mission is to promote student achievement and preparation for global competitiveness by
fost ering educational excellence and ensuring equal access.

 Page 2 of 2 -

(b)(6),(b)(7)(C)

OCR Complaint No. 01-15-2204

lf you have any questions regarding this letter, you may contact Senior Civil Rights Attorney
LouAnn Pearthr ee at 617-289 -0138 , or by email at LouA nn.Pearthree@ed .gov.

Sincerelv,
(b )(6),(b )(7)(C)

Michelle Kalka
Compliance Team Leader

 March24, 2016

TheHonorable
CharlesSchumer
UnitedStatesSenator
780Third Avenue,Suite2301
NewYork, NY 10017
AccountN~
Dear SenatorSchumer:
Thankyoufor yourrecentletteron behalf o {b)(6 ),(b)(?)(C)
e ardinghisfederalstudentloanaccountwiththe
U.S.Department
of Education,
FederalStudentAid,,_.___ __.concern,as we understand
it, is thatheis followingup on a
complainthe filedwiththisofficein July2015.
Ourrecordsdo not hold record of a complaint filedbvl~~/~~~lDJ

(b )(6),(b )(7)(C)

ll

(b )(6),(b )(7)(C)

As always,Nelnetis available to hel~~~1<6),(b)(?) ~ith hisstudentloanquestionsor concernsat 888.486.4722
, 24/7.He canalso
email NelnetCustomerSolutions@nelnet.net
or chatonlineat Nelnet.com
.
Forfurtherinformation
regardingtheaccountin question, youroffice maycontactthe Department's
Officeof Legislationand
Congressiona
l Affairs.
to!)~~5),(b)({)
We hopeyoufindthisinformation
helpfulwhenresponding
Sincerely
,
JuanitaFord
Supervisory
Management
& ProgramAnalyst
FederalStudentAid

FederalStudentAid
An OFFICE

of the

U S DEPARTMENT

ol EDUCATION

I

 Page 0034 of 1164
Withhe ld pursuant to exemption
(b)(S)

of the Freedom of In formation and Privacy Act

 From:

To:
Subj ect:
Date:
Attachments:

!~~,
<
5

),(b)(?)

01, 2016 4:00:23 PM

~ ants to check the status of a complaint that he filed with the Department of Education in

J uly 2015.
J oyce Chang I Office Manager I Constituent Liaison
Office of Senator Charles E. Schumer
780 Third Avenue, Suite 2301 I New York, NY 10017
212.486.4430 <t>I 202.228.2838 (f)

 CHARLES E. SCHUMER

COMMITTUS .

EWVORI<

JOINT ECONOMIC
BANKING

ti.nittd~tatts ~matt

ANANCE
JUDICIARY

WASHINGTON, DC 20510

RULES

February 26 , 2016
Gabriella Gomez
Assistant Secretary for Legislative
and Congre ssion al Affa irs
U.S . Department of Ed ucation
By fax: 202 -401-1438

Dear Ms. Gomez:

I

. . on beha lf of my constituen
.
~(b)(5),(b)(?)(C)
. ue w h"1ch may 1·a II
I am wntmg
w ho has an 1ss
unde r the jurisdiction of the Department of Education and concerns a student loan.
For your tev icw l have attached the related correspondence from my constituent. l know I
can count on your cooperat ion in review ing the self-exp lanatory material and adv ising me or your
findings as expeditiously as possible. Please rep ly to my office located al 780 Third Avenue.
Suite 2301 New York, New York 10017. You may call Joyce Chang at 212-486-4430 if there arc
any questions. Thank you in advance for your assistance in this matter.

Sincerely,

C!._1-./t,.
$~
Charles E. Schumer
United States Senator

CES/jc

PLEASE
RESPONDTO THE FOLLOWING0FflCE:

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TOO: (202) 224~?0

 02/23/2016

09: 04PM ...
l<b_)(-6)_,(b_l<_?)_<c_) ___________

Casework Request

I Feb

PAGE 01/02

....,

22 2016 03.-02:54 I

(b)(6),(b)(7)(C)

2 of 2
..

. . . .....

,

.','

.·..

•.:··,

·. ,·'

·.•.
.

·: ·.:·: :,,:.

l auLhorize the Office of Senator Chuck Schum.er to address the matter described
above on my behalf and to receive any relevant information the Senator and his staff may
need in ~~·~~µ.;.i.zi..J.1,;1..J.L;a;..LUu.u.C-i:l..::iAJ..llt.l.i;LU.1,;.1:,...1;.u...i..u.i;..;--.
(b)(6),(b)(7)(C)

date: February 22, .2016

Signatur

Please complete and mail or fax this Jr.>rmto:
Senator Chuck Schumer
780 Third Avenue Suite 2301
New York, NY 10017
Fax: (202) 228-2838

Casework Request

I Feb

22 2016 03:02:55 !

5
!(bl( l ,(b)(?)(C)

02/23/2016

l-2 of 2
9:03PM {GMT-05:00)

 02/23/2015

09: 04PM

l(b)(6),(b)(7)(C)

PAGE 02/02

.__-----------;,:;:::

Casework .Request I Feb 22 20.J6 03:02: 54

(b;:;:
)(6;::;:
),:;:::
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)(7~)("""
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I-

1 of 2

...

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',.

·,·:.

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....

.: ·:·
.f ede.r.al agencies. are prohihhed from releasing information concerning an individual to a third
party under the Privacy Act of 1974. Please complete and sign this form, which will allow
information regarding your concero to be released to the office of Senator SchumerYour Contact Information
l(b)(6),(b)(7)(C)

Gender:

ma.le
Datt: Qf Birth:
l(b)(6),(b)(7)(C)

I

Phone:
l(b)(6),(b)(7)(C)

Em}l·il.:

l(b)(6),(b)(7)(C)
Residential

Address

(b)(6),(b)(7)(C)

Case Details
,'\g:enc.y lmolvt'.d:
Dept of Education
Federal

Soc.iQI Security N(,.:

l<b)(6),(b)(7)(C)

I

C'o.nt~1~tcd ~mother congl'essional
No

office'?

Court of .L...nv?
No
Your Request

I filed a complaint with the Dept of Education on July 15, 2015. The dept of Ed says they aim to
investigate and resolve all complaints within 180 days of th e filing. Its is now more than 200 days,
and they have not even informed me whether they will investigate my claim(b)(6),(b)(7)(C)

Casei,vork Request

I Feb

22 2016 03:02:55

(b)(6),(b)(7)(C)

I .lvfr_

- 1 of 2

6

9:03PM {GMT-05:00)

 Page 0039 of 1164
Withhe ld pursuant to exemption
(b)(S)

of the Freedom of In formation and Privacy Act

 UNITED STATE S DEPARTMENT OF EDUCAT ION
OF FICE FOR CIVIL RIGH TS

Janu ary 10, 20 17

Congress wo man Yvette 0. Clarke
111
9 C ong ress ional District of Ne w Yo rk
222 Lenox Road , S uite 1 & 2
Brook ly n, New York 11226
Attn: Mr. Regi nald Belo n
Dear Congresswoman C larke :
Thank you for your December 13, 20 16 em ail com mu nication to the U.S. Depa rtmen t of
Education, Office of Leg islation and Congressional Affairs (OLCA). Your email
communicat ion was forwarded to the Office for Civil Ri ghts' (OC R) C ustomer Service Team
wi thin the U. S. Department of Educatio n for reply.
r.#.b,l:,14!#.~u.wu..i..i..u.,1,1.1.1,UMo~
ion , you asked for a formal respon se on beha lf of your cons tituent Mr.

L...--- -=-~ - -= ~-=-__. contac tecl yo u fo r ass ista nce in with hi s case fi led with the OC R 's
,.,..:.:
~~~
fJo""----'""l
'ank you for prov iding a properly executed Privacy Author iza tion Form from
regardi ng this matter. I am pl eased to respond.

L.--------

I confirm ed that OCR 's Case No . 0 1- 15-2204 wa s open Jul y 15, 20 15 . Th e comp laint is in the
eva luation stage.

I am forward ing your emai I communication to the Boston Office for further review and
appropriate hand ling. 1n<bl(5),(b)(7J(Cl!wis hes, he may co nt act the Bosto n Of fice direct ly. T he
contact in formation for that office is:

Office for Civil Right s, Boston Office
U.S . Departm ent of Educat ion
8th Floor
5 Pos t Office Sq uare
Boston, MA 02109 -3921
Telep hone: (6 17) 289-0 1 11
Facsim ile : (6 17) 289-0 150
TDD
: 1-800-877-8339
Em ail
: OCR.Bos ton@cd.gov
400 M ARYLAND AVE . S.W.• WASHINGTON, DC 20202- 1100
www.cd .gov

n,e Department of £d11cario11's mission is 10 promott>.s111de111
achievement and preparationfor global compclitil'eness
byfostering ed11
carionalexcel/e11ce and e11S
11ringequal access.

 Pagel
OCR is committed to providing the public, including students, parents, edu cators, representatives
of schoo l district, colleges, universities, and other interested persons, information about the civ il
rights laws OCR enforces.
OCR does not provide legal or other advice or issue adv isory op inions concerning specific
factual scenarios. Please note that corres pond ence from the OCR Customer Serv ice Team in
response to an inquiry from the public does not constitute a forma l statement of OCR policy and
should not be relied upon or construed as creating or articulating new po licy. OCR 's formal
policy stateme nts arc approved by a duly aut hor ized OCR official and are avai lable to the public.
1 hope you and your constituent find this informati on helpful. Thank you for the opport unit y to
respond to your corresponde nce. If you have addi tional questions or concerns, please do not
hesitate to have your staff contact Lloyd Horwich, Assistant Secretary for the Office of
Legislation and Congressional Affairs, at (202) 401-0020.
Sincerely,
b)(6),(b)( (C)

ar a

. ee

Chief, Customer Service and Techno logy Team
Office for Civil Rights
U.S. Department of Education

cc: OCR 's Boston Office

 UNITEDSTATESDEPARTMENTOF EDUCATION
OFFICE FOR CIVIL RlGHTS

January J0, 2017

Ms. Dian e Henson , Director
Office for Civil Rights, Boston Office
U.S . Depmtment of Educat ion
8th Floor
5 Post Office Square
Boston , MA 02109-392 J
Dear Ms. Hen son:
f am forwa rding the enclos ed corTespondence to your office for further review and
appropriat e handli ng.

Thank you for your pro mpt attentio n to this matter.
Sincer I
(b)(6),{b)(7)(C)

Cada Y. R
Ch ief, Custome r Service and Techno logy T eam
Office for Civil Rights
U.S. Departme nt of Educat ion
Enclo sure

400 MARYLAND AVE. S.W., WASHINGTON. DC20202 -1 IOO
www .ed.gov

The Departm ent of Education '.r mission is to pr omote student ac/rieve melll and pr epar ation fo r g lobal compe titi, •eness
by f os tering educational excellence and ensuring equal access.

 From:
To:
Cc:
Subject:

Date:
Attachments:
Importance:

Evans Kejseena
Pearthree LouAnn
Ajami Ramzi; Blue 1acgueline; Halper. l udith; Henson Diane; Milligan. Ryan: Mundy-Shephard Adrienne·
Kropp Allen
Congressional
Inquiry: 01-15,2204, Yale U.
Friday.July 15, 201611:13 :57 AM
Document.pdf
High

Attached is a congressional inquiry forOl-15,2204, Yale U. Due date: 7/28/16

•

 UN I TE D S TA TES D E PA RT M ENT OF ED UCA TI ON
OF F IC E F OR C I VIL RIGH T S , REG IO N I

5 POST OFFICE SQUARE. g'IH FLOOR
BOS1 ON. MASSACH lJSFTTS 021 OQ-3921

July 28, 2016
The I lonorable Senator Charles Schumer
United States Senator
780 Third Avenu~. Suite 230 I
Ne\.\ York. NY I 00 I 7

Ann:

Joyce Chang
Office Manager/Constituent I.iaison

Re:

Complaint No.01 - 15-2204
Yale University

Dear Senator ' chumcr:
This letter is in response to your recent inquiry, on behalf of your constituent !(b)(6),(b)(?)(C)
regarding a complaint that he filed with the Boston Office for Civil Rights (OCR) of the U.S.
Department of Education.
This office is currently evaluating OCR Complaint No. 01- 15-2204. in which (b)(6),(b)(7)(C)alleges that
Yale University violated Title IX of the Education Amendments of 1972 (Title IX), and retaliated
against him. He alleges that Yale University discriminated against him on the basis of sex and retaliated
against him under the process it used to address accusations of sexual misconduct against · . T
accusations included sext1al harassment and sexual assault over a period of a)~roximately (b)(5),{b)(7)(C)
6),(b() !also requested that
beginning iW
and continuing through!~g~m,, In filing his complaint,!~~~
OCR grant him a waiver of its 180-day timeliness requirement for filing.

!

I

OCR is current I) evaluating !(b)(6),(b)(7)(C) allegations to determine whether they are within OCR 's
subject matter ju risdiction under Title IX, and whether a waiver of OCR' s timeliness requirement is
5),(b)(?)
about the evaluation of his complaint. !~~,<5),(b)(?) !
warranted. OCR has corresponded with!~~,<
also submitted additional information and raised new allegations for OCR ·s consideration on August 17
and October 19.:2015, January 6 and. most recently. June 17. 2016. OCR is expediting its evaluation of
!(b)(6),{b)(7)(C) !complaint, and will continue corresponding with!~~!5),(b)(1) !regarding its status, including
notification as to whether any of his allegations are appropriate for investigation.

I

If you have additional questions or concerns. please do not hesitate to have your staff contact Lloyd
l lorwich, Assistant Secretary for the Office of Legislative and Congressional Affairs, at (202) 40 l-0020.

(b)(6),(b)(7)(C)

The Departmefllof Education's mission is ro promote swdenr achie\'t!mentand preparation for f{lobal competim-eness by
fostering etl11carional
e:xcc/lcnct and ensuring equal access.

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of the Freedom of Information and Privacy Act

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 ChangJoyce
<Scn
ume
r}

From :

r

OLCA
Inquiries
j(b)(6) (b)(?)(Cl

To:

Subject:
Date:

DreS'!av
MardlOJ20164·Q0·23
PM

Attachments:

)(6 ),(b )(7)(C)

l,;;r~

5
1~r,<

~ antsto check the status of a complaintthat he filed with the Departmentof Educationin

uly 1 .

JoyceChang j Office ManagerI Constituent Liaison
Office of Senator CharlesE. Schumer
780 Third Avenue, Suite 2301 I New York, NY 10017
212.486.4430(t) I 202.228.2838(f)

 UNITED STATES DEPARTMENT OF EDUCATION
OFFICE FOR CIVIL RIGHTS, REGION I

5 POST OFFICE SQUARE , 8™ FLOOR
BOSTON, MASSACHUSETTS 02 109 -392 1

JAN2l 2017
Congresswoman Yvette D. Clarke
United States Representative
9th Congressional District of New York
222 Lenox Road, Suite I @ 2 Side Entrance
Brooklyn, NY 11226
Attn: Mr. Regina ld Belon
Re:

Complaint No. 01-15-2204
Yale University

Dear Congresswoman Clarke:
l (b)(6),(b)(7)(C)
.
.
on be ha If o f your constituent
._
______
__.
Th .1s Ietter .1s .m response to your recent .mqu1ry,
regarding a complaint that he filed with the Boston Office for Civil Rights (OCR) of the U.S.
Department of Education.

This office is currently evaluating OCR Complain t No. 0 1-15-2204, in which (b)(5),(b)(7)(C) alleges that
Yale University violated Title IX of the Education Amendments of 1972 (Title IX), and retaliated
against him. He alleges that Yale University discriminated against him on the basis of sex and retaliated
against him under the process it used to addres s accusations of sexual misconduct aga ins\ ~im The
5 6
<rr
UJ
accusations included sexual harassment and sexual assault over a period of a roximately
beginning ir~and
continuing throug~ ~~~\~L In filing his complaint, (b)(5 ),(b)(7 )<C) also requested that
OCR grant him a waiver of its I 80-day timeline ss requ irement for filing . During the evaluation of his
complaint, he filed an add itional allegation that the University discriminates against respondents in
sexual assault claims by dismissing their counterclaims.

j}g(

!

allegation s to determine whether they are within OCR ' s
OCR is currently evaluating (b)(5),(b)(?)(C)
subject matter jurisdiction under Title I
w ther a waiver of OCR ' s timeliness requirement is
warranted . OCR has corresponded with (b)(5 ),(b)(7 )(C) about the evaluation of his complaint. OCR will
continue corresponding with (b)(5),(b)(?)(C) egarding its statu s, including notification as to whether any of
his allegations are appropriate for investigation.
If you have additional questions or concern s, please do not hesitate to have your staff contact Lloyd
Horwich. Assistant Secretary for the Office of Legislative and Congre ssional Affairs , at (202) 401-0020.
incere ly.
(b)(6),(b)(7)(C)

The Department of Education 's mission is to promote student achievementand preparationfor global competitivenessby
fostering educational excellenceand ensuring eq11alaccess.

l

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of the Freedom of Inf ormation and Privacy Act

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of the Freedom of Inf ormation and Privacy Act

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of the Freedom of Inf ormation and Privacy Act

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of the Freedom of Inf ormation and Privacy Act

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of the Freedo m of Infor mation and Privacy Act

 distribution, copying, or other use of this message or its attachments is strictly prohibited . If you
have received this message in error, please notify the sender immediately and delete this
message from your system . Thank you.

From: Stanley, Taylor [mailto:Taylor.Stanley@ed.gov )

Sent: Wednesday, December 14, 2016 9:19 AM

To: Belon, Re~
inald
.....................
- .......
Subject : RE: (b)(6),(b)(7)(C)

N0.0 1-15-2204 OCR Status update

Go od Morning Reginald,
Could you send over the privacy release form? I have already co ntacted OCR to see if we can provide
yo u w it h an updat e.

Taylor M. Stanley
Off ice of Legislat ion and Congressiona l Aff airs (OLCA)

U.S. Depa rtment of Educat ion
(202 )453 -7033

From: Belon, Reginald [ mailto:Reginald,Belon@mail,house.gov ]

Sent: Tuesday, December 13, 2016 1: 19 PM
To: OLCAl n7 U
~ir~ie~s.................
Subject : RE: (b)(6),(b)(7)(C) Case N0.0 1-15-2204 OCR Status update
Good Afte rn oo n,
My name is Reginald Belo n, form t he Off ice of Cong resswoma n Yvet te D. Clarke for Brook lyn, NY.
Our off ice wou ld like to make an inqu ire o n behalf of !(b)(5),(b)(?)(C)

!sta te s t hat he has

fi led a comp laint w it h the Bosto n Off ice fo r Civil Right s dat ed July 2015 , there has yet t o be any
respo nse o n his case.
We kind ly requ est an upd ate o n (b)(5).(b)(?)(C) case exp laining t he det ails of his case. I have also
at t ached a Pri vacy fo rm signed b (b)(6),(b)(7)(C)
(b)(6),(b)(7)(C)
OCR Comp laint NO. 0 1-15 -220 4
Ad d ressp l<5),(b)(7)(C)

I wo uld like t o t hank yo u fo r yo u r att enti on t owa rd s th is mat te r, and I wai t yo ur respo nse.
Best Regards,

 REGINALDBELON
U.S. Representative Yvette D. Clarke {NY-09)
District Representative/Constituent Service
Brooklyn District Office
222 Lenox Road, Suite 1 @ 2 Side Entrance
Brooklyn, NY 11226
Telephone: 718-287-1142 EXT:209
Reginald .Belon@mail .house.gov

Sign up for U.S. Rep. Yvette D. Clarke's E-newsletter at clarke.house .gov

******* CONFIDENTIALITY
NOTICE*** ****
This e-mail message and all attachments transmitted with it may contain legally privileged and
confidential information intended solely for the use of the addressee. If the reader of this
message is not the intended recipient, you are hereby notified that any reading, dissemination,
distribution, copying, or other use of this message or its attachments is strictly prohibited. If you
have received this message in error, please notify the sender immediately and delete this
message from your system. Thank you .

 222 Lenox Road, Suite l & 2
Brooklyn,N"Y, 11226
Phone: (718) 287-1142
Fax: (718) 287-1223

DO NOT COPY

CONGRESSWOMANYVETTE D. CLARKE
9THCONGRESSIONALDISTRICTOF NEW YORK

PRIVACY RELEASE FORM
(Please PRINf All Information)
(b)(6),(b)(7)(C)

•

Last Name:

J

(b)(6),(b)(7)(C)

FrrstName:

L----t

_

--=----,

:

(h\b
)(IB6
)iii,(b1\1
)(7\7
)«:
(CT"
)

Social Securit Number:
Last Name:

First Name:f C)

I

L....--------'

State:

l--

Mr. / Mrs. / Ms.

:

<b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

I

j (b)(6),(b)(7)(C)

Date of Birth:._~/--:/:....-

er::;.:
:::::;::;;;;;;;:;;.======----...Social Security Num..:.;;
. fBo gh
C1ty, rou :

Mr. I Mrs . / Ms.

Date of Birthi
1(6){6),(b)(t}

(bX6),(bX7XCl

I

___

_

r

(b)(6),(b)(7)(C)

E-mail:

)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

Evening Phone:._..._(----.ll'--....:S;..r...;...a
.....
n..;;..e..;;.__..;...._
__

Day Phone:

Please check all that apply

0 Mortgages

D Banking/Finance

0 Housing

0 Taxes

D Utilities

DMiscellaneous

Account Number:._.;.._....::...
__

....;:;;..._ Case Number:
Briefly describe the nature of your visit:._________________

;\

;...___

DCR C'ro,p}c.;&
°NP
. 01-15"..;:o_ol\
__,,..
____

~:

I hereby authorize Congre
Privacy Act, access to ·

st on my behalf, pursuant to the Freedom of Information and
es and records as indicated above.

(b)(6),(b)(7)(C

Signature:.--'----------------Signature:._______

_

Date:

"""---------

Date:

L6/ Jl / Qo)l,
/

I

 r X6),(bX7XC)

UWC investigation
(b )(6),(b )(? )(C)

(b )(6),(b )(? )(C)

.1(b)(6),{b)(?)(C)

Dear

1

I

It is my understanding from our Skype conversation esterday morning that you are refusing to
7

answer questions about your contact with (bl<5l,{bl< l<Cl
unless I provide you with a detailed
written statement of her allegations against you. As I told ou esterda the UWC rocedures
I did
do not require more detail in writing than that provided by (bl<5l,(bl<7l<Cl
5
7
provide you orally with substantially more detail when I explained that (bl< l,(bl< l<Cl has told me the
following:
(b )(6),(b )(? )(C)

If you choose not to answer any questions about this incident without an additional written
statement of the charges, I will have to conclude that you are not willing to participate in my
investigation, and I will submit my report without further input from you.

6

Please let me know how you wish to proceed. If I do not hear from you by 5:00 pm on j~
~l<HBJm
~~l<6 l,(bl<7 l
I will file my report.
.___
_ __,
Sincerely,
r )(6),(b)(7)(C)

Independent fact-Finder

 r 6),(bX7XCI

(no subject)
l (b)(6) ,(b)(7)(C)

Tuesday. I can do it at 9:00 or 10:00 am. Although I prefer to meet with P<jWeliin llllQ>On, it seems to maklj sensetorjJS to meet via
~~~':::'::':"t::r~-=o;or,~.
and the meeting is happening on short notice. I don't know where you are)tb}(6) ,(bif but if you are also in) (b)(6),(b) p erhaps I can
......,............ ...,office.

E'l@.,S'i:.
te\ mi:: kt;1
ow if a Skype interview at 9:30 am is acceptable to both of you , and please provide me with your Skype contact information so that I can call you. My contact is

l(bj(6HbiaUi I will be out of town on Monday, so I w ill not respond to any messages until the evening, but if the meeting time on Tuesday works for both of you I will just call in
the morning.

Given the four-day rule, it would seem that our meeting on Tuesday should be able to occur. Please also note my request below for my legal adviser and myself to appear at the
meeting via telecommunication, like Skype or conference call. Please confirm whether we will be able to talk as such on Tuesday.

~~~
l<b
)~ti.'$%~1(~raoe
~~
~~J{~ii~Jm~m)
Deai ~~/~~,(b)

!

Thank you for notifying us that !(~/(6 ),(b) !will be your adviser. She w ill be CCed on all future communications.

i(b

h ~~1:f~iJCo f Complaint from the UWC
)(6Hb )(7)(C)
You should have received fro (b )(6),(b )(7) ( the Complaint provided to the UWC l /b\/6) /b li7j{C\
Those documents contain all o
I
r
I n the UWC has about your case at this lime. b ur ad lindeq ! b ( _ b / ·Iis c~~~ ~~~ ip,erviewing both parties a~
witnesses to determine the full scope of the allegations, the date(s) of occurrence, and any other facts relevant to the complaint.
r
( has already interviewed~
and will provide you with the relevant background when she interviews you.

!\~8~!
,(b)

!will speak with you by Skype or by phone if that is the only way for her to conduct the interview. I have CCed

!\~8~1,(6
)

! on this email.

1ffl1ffi~~Vi<c
I
on l (b )(6),(b )(7)(C)

Dear

(b)(6) ,(b)(7)(C)

I am writing to inform you that I have retained a lawyer as my adviser .
Her contact information is as follows:
(b)(6),(b)(7)(C)

Please include her to the extent permissible in all emails, document
distribution and communications.
I am also writing to request a statement in writing of all of the
allegations and complaints against me including the date of the
occurrence , back story and specific details .
Finally, I would like to know whether my adviser and I may participate
in the fact-finding meeting via Skype or similar tele-communication .

l

  

 



 

 

Appeal
(b)(6),(b)(7)(C)

~ 6),IPX7)(C)
(bX6),(bX7XC)

)f

Dea (b){6) ,(b)(7)(C)

I write to acknowledge receipt of your appeal.

Thank you,

r )(6),{b)(7)(C)

>l(b)(6),(b)(7)(C)
.__
------------------.....J
>
>

> <Appeal.pd!>

Iwrote:

 Appeal--Questions and Request for Extension
(b )(6),(b )(7)(C )

I

(b)(6),(b)(7) (C )

To:l(b)(6),(b )(7)(C )
Cc

I

---------------------------------Dea1~~f6),(b)(() !

I will have a response for you sho rtly. As requ ested, I am extend ing the dead line for an appea l, if you choo se to file an appea l, until noon o~ (b) (6),(b)(7)(C )

Oi {b)/6) /b) /7} /C)

j wro te:

Dea (b)(6),(b)(7) (C)
I have not hea rd back from you r office as to the reso lution of my questions or regarding an exte nsion for my appea l. T he set du e-date for my appeal is
today, Wednesday, at 5 pm. I hope to hear from you before then.

IbiUlk
~21.l

[b@i.M?I
0

Q b\fJ}lMUf)
(C) !

!wrote

Most ?f my questions submitted onl ((b )\(6
(?
),\(C
traveli ng Monday and Tuesday.
...
••b,.._..,.
__,..
__
...

~ave not yet been answ ered, ma ny of wh ich I cons ide r relevant to formulating an ap pea l. I will also be
_..,r

I request an extens ion to the appeal dead line pend ing the resolution of my questions and to allow for my travel time .

(b )(6),(b )(7)(C )

 (b )(6),(b )(?)(C)

Compla int
(b)(6),{b)(7)(C)

(b)(6),(b)(7)(C)

i have received your letter and complaint.

o ~(b)(6),(b)(7)(C)
Dear!(b )( 6),(b )(?)(C

~ rote:

!

I am attaching a complaint agains1(b) (6),(b) ( !as well as a statement explaining my interest and rights to make such a complaint.

(b )(6),{b )(?)(C)

 l(b)(6),{b)(7)(C)

CONFIDENTIAL - following up on our meeting

r )(6),{b)(7)
(C)

!(b)(6,)(b)(7)(C)
To: "Killheffer J son" •=ason.killheff r

ale.ed >

(b)(6),{b)(7)(C)

Dear Jason.
I can speak with you if necessary. Do you mean a meeting or by phone? I'd prefer to keep this simple and clarify via email, if possible.

o+b)(6),(b)(7)(C)

l.Killheffer, Jason <jason .killheffer@yale.edu> wrote:

5>..,,,<b
""'
R""'n
--.
Dea r "'l
~~
""'
\<""

I apolog ize for the delay in replying to your email. I would be happy to discuss this with
you further l<bl<5l.{bl<7l<Cl
!Would you be able to speak with me on
Monday next week?

Regards,
Jason

Jason A. Killheffer
Director, Academic Integrity Programs
Sr. Deputy Tit le IX Coordinator
Provost' s Office
Yale University
Phone : 203-436-8411
Fax: 203-432-8139

IFrom:

!bX6),(bx, xc1

(b)(6),(b)(7)(C)
Sent : Monday, ...
l<b_l<5_l._<b_l<7_l<_
c)__________

_

To: Killheffer, Jason
Cc:r )(6,)(b)(7)(C)
Subject : Re: CONFIDENT IAL· following up on our meet ing

Dear Jason,

Can you please clarify what you mean whe n you say:

I However, once you are on notice that

certain behavior has been experienced as

 Iproblematic

and in violation of university policy, if the behavior continues, it may be
grounds for further complaint.

What behavior are you referring to here?
Thank you,
(b)(6),(b)(7)(C)

On l(b)(6),(b)(?)(C)

J Killheffer, Jason <jaso n.killheffer@ya le.edu> wrote:

____
(6)(6),(b)({)

Dear 1<Cl

_.

I am writing to follow up on your questions and to reiterate that the purpose of our
meeting on Thursday was to bring to your attention an allegation of sexual misconduct
that had been reported to us by (bl<5l,(bl<7l<Cl
nd to discuss certain immediate actions to
5
7
address (bl< l,(bl< l<Cl
concerns. With regard to the specific terms of the no-contact plan,
5
7
(bl< l,(bl< l<Cl
request that you not contact her is not voluntary ; all of the remaining
elements of her request are voluntary, as is always the case in the University's informal
complaint process as it pertains to students . However, once you are on notice that
certain behavior has been experienced as problematic and in violation of university
policy, if the behavior continues , it may be grounds for further complaint .
.
b
"f
.
. (b)(6),(b)(7)(C)
In response to your question a out recourse, 1 you are experiencing
---.--------'
complaint as harassment, respondents in the informal complaint process have been
given the opportunity to request that the UWC hear the complaint through the formal
complaint process. That process will allow you to defend your position and will
determine whether the allegations of sexual misconduct have any basis. Additionally,
in response to your question about reconciliation , the University would not suggest or
provide a mechanism for reconciliation as it would not be consistent with (bl<5l,(bl<7l<Cl
request for no contact and is not considered good practice in cases alleging sexual
misconduct .
I also must remind ou that , regardless of your decision to comply with the requests
behalf, nothing we have discussed precludes the possibility that a
made on (bl<5l,(bl<7l<Cl
formal complaint could be brought to the UWC to address these allegations .

Regards,
Jason

Jason A. Killheffer
Director, Academic Integrity Programs
Sr. Deputy Title IX Coordinator
Provost's Office
,,_,_

11

. .-! ..

-. .• -!.a.. ..

 Tdle urnver ~•LY

Phone: 203-436 -8411
Fax: 203 -432-8139

From:

(b )(6),(b )(7)(C)

(b)(6) ,(b)(7)(C)
5 l ,_<b_l<7_l<_cl ____________________
~l<b
_l<_

Sent:Sunda~

__

To: Killheffer, Jason

Cc:l<b)(6),<b)(7)(c)
Subject: Re: CONFIDENTIAL - following up on our meeting
Dear Jason ,

At the end of our meeting we discussed several issues not addressed in this communication .
I will recount some of them as well as some other issues discussed earlier in the meeting
and that have came up since .
.

1. What recourse do I have to redress what I consider to be

(b)(6),(b)(7)(C)

harassment?

2. Is the university interested in facilitating reconciliation?

3. What ramifications are there to my rejecting this proposal?
(b)(6),(b)(7)(C)

4 . Does
need a claim of sexual harassment to request a no contact order or can
anyone request one against anyone else simply because they do not like seeing them?

5. If #4 requires a complaint of sexual harassment , please send me a copy of her complaint.

I Thank you ,
(b)(6),(b)(7)(C)

O~ (b )(6),(b )(7)(C)

l

Killheffer, Jason <j ason.killheffer@yale.edu> wrote:

Dearl (b)(6),(b)

JZ\IC\

I.

Thank you for meeting with me and my colleague,j{b)(6) ,(b)( ()(
yes~ ~(S~~jrr· I am writing to follow-up on our conversation and, in particular, to re~
· ic aspects of our discussion that concern contact between you an
,
As we discussed, these measures are intended to enable both you and!Qij
.
to continue to pursue your educational activities on campus with as iti ,srupt,on as possible. I'd appreciate your replying to this email to confirm your
understanding.

e

1.
You agree to have _n
~f1Wi:~it
,
contact or communicate w,t ~

h~
th~d

ncluding physical, verbal or virtual (email. texting, social media, etc.) contact. You agree also not to attempt to
party.

You agree not to enter thi._(b- )(_6_),(-b)-(7-)(_C_) _____________________
2. .
points.
-

__.l
no
rlinger near its entry or exit
•

3.
In the event that you find yourself in the same location as (b )(6) ,(b either on-campus or off-campus, you agree not to approach or engage with!{b)(6),(b !and,
to the extent that it is reasonably possible, you should leave the imme ,ate vicinity. Note that this requirement is not intended to limit your access to campus locations
where you must be present to participate in your educational program.

 J< b) (6) ,(b) (7) (C )

We request that you do not ente,...._______
1
entry or exit points.

4.

Please con tact me o1(b) (6) ,(b) (7) (C)

Rega rds,
Jaso n

Jason A. Killheffer
Direc tor, Academic Integri ty Programs
Sr. Depu ty Title IX Coordi nator
Provost's Office
Yale Univers ity
Pho ne: 203-436 -8411
Fax: 203-432 -8139

Inor linger near its

latany time if you have any quest ions or conce rns about this comm unica tion .

 l(b)(6),(b)(7)(C )

Confidential - UWC
(b)(6),(b)(7)(C)

r

)(6),(b )(7)(C)

Pleas e note that Dea n Cooley 's decis ion is due by noon on Friday (b)(6),(b)(7)

My apolog ies.

Thank you,

(b)(6),(b)(7)(C)

Subject : Confidential - UWC

Dea (b )(6),(b )(7)(C)

Sinc erely,

(b)(6),(b)(7)(C)

and

nW as

men tioned in my earlier e-mail to you.

 Confidential - UWC

Dea~~~).(6) ,(b)(7)

!

Attached please find l(b)(6) ,(b)
receive it.
·

I· letter to you regarding the upcoming hearing on Fridayl•(b)(6) ,(b)(7)(C) I• The Fact-Finder's report w ill be forwarded to you as soon as we

Kindly let us know if you have any questions.

Sincerely,
(b)(6) ,(b)(7)(C)

5>.<5>U>Jdocx
~ Notice of Hearing ~~~l<
168K

 r

)(6),(b )(7)(C)

Confidential - UWC
(b) (6 ),(b) (7)(C)

Dea ~(b) (6),(b)(7) (C)

I am writing to let you know that due to the availability of the panel, the panel report is expec ted to be sent ou t tomorrow.

My apologies for any inco nvenie nce caused.

Thank you,

(b )(6),(b )(7)(C)

(b )(6),(b )(7)(C)

l(b)(6 ),(b )(7)(C)

 r

)(6),(b )(? )(C)

Confidential - UWC Fact-Finder's Report
r )(6),(b)(7)(C)
To: (b )(6),(b )(7)(C)
Cc

Dear

(b )(6),(b )(7)(C)

Thank you for letting me know that you have receivedthe report. Pleasenote that <Cl
(b)(? )(c
will not be attending the hearing, however (bl<5 l,(bl<7 l<Cl

•

Sincerely,
(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

From:

(b )(6),(b )(7)(C)

(b)(6),(b)(7)
C
(b)(6),(b)(7)(C)

Sent :

To : ""'
<b"""
l<.,,,.
6)"'"
,<b....
l<....
? l""'
<c ...
) ~~~~~~~~--~~~~~__,

Subject: Re: Confidential - UWC Fact-Finder's Report
I received the report . I intend to be at the hearing. I would like to know i (b)(6),(b)

is planning on attendi ng, too.

Than k you .

0 (b)(6),(b)(7)(C)
Dear (b )(6),(b )(7)
C

wrote:

6

Attached is the Fact·Finder 's Repo rt in your UWC case. Please confirm receip t of the report and confirm your attendance at the hearing on Friday (b)( ),(b)(? )(C)
Greenberg Conferenc e Center, 391 Prospect Street.

1

Sincerely,

(b )(6),(b )(7)(C)

at the

 r

X6),(bX7XC)

Confidential - UWC Notice of Decision

(b)(6)
,(b)(7()C)
(b)(6),(b)(7)(C)
Dear

(b)(6),(b)(7)(C)

j I write to provide you with the Notice of Decision letter in
On behalf of!<bl<5l,(bl<7l<Cl
your UWC case, as well as Dean Cooley's decision.

I

If you have any questions regarding the next stage of the UWC process, please do not
hesitate to contactr , ),(bXlXC)

Sincerely,
(b)(6),(b)(7()C)

2 attachments

1r:INotice of Decision ~pdf
119K
~

Decision - Dean Cooley.pdf
68K

 r

)(6),(b )(7) (C)

Confidential - UWC Notice of Panel Report
!(b )(6),(b )(7)(C)
(b)(6),(b)(7)(C)

Dear!(b)(6) ,

!

I write to provide you with the attached report prepared by the hearing panel in your UWC case. Also attached i~ (b)(6) ,(b)(7)(C)
hearing process.

Please let me know if you have any questions.

Sincerely,

I

1<6)(6),(bJU

l(bX6),(bX,XC)

2 attachments

~

6
Notice of Panel Report ~~~)<
!,<bJmidocx
165K

'JZjPanel Report
113K

5
~ (bl < l ,(b)(?)(C)

~df

letterto you regarding the next stage of the

 Page 0130 of 1164
Withheld pursuant to exemption

(b)(6),(b)(7) (C)
of the Freedom of Information and Privacy Act

 Executive Committee Complaint

r

)(6) ,(b )(7)(C)

(b )(6 ),(b )(7 )(C)
Cc: (b )(6) ,(b )(7)(C)

D ear

(b) (6 ),(b )(7 )

(Cl

I appreciate your request and I have replied to you previously as to how this process is
handled in Yale College. I have also consulted with colleagues for verification of ExComm's
role in this situation.
(b )(6) ,(b )(7) (C)

The Executive Committee cannot hear your complaint against
As a general
matter, we do not accept complaints brought by students, unless the complaint is brought
by an administrator, who explains why the complaint should be heard by the Executive
Committee. In your particular case, I have already explained that we will accept a
complaint arising from a previous UWC proceeding, when recommended by the
administrators in charge of that proceeding. To accept a complaint without this
requirement could inadvertently subject a party to a second adjudication on the same set
of circumstances as well as lead to confusion regarding jurisdiction over a particular matter .

To this end, I cannot reply to any further communications on this subject and I consider this
matter closed unless I hear directly from an administrator in the UWC.

Sincerely yours,
r b )(6) ,(b )(7) (C)

(bX6),(bX7XC)

l

.....
_____________

I
Yale College

 From: (bJ(6J,<bJ<?J<cJ
(b )(6),(b )(7)
(C)

Sent: (bJ(6J,<bJ<?J<cJ
To (bJ(6J,<bJ<? J<Cl

<~ <6J,(bl (7J

Subject: Re: Executive Committee Complaint
Dea

(b )(6),(b )(7)(C )

I have not heard back from your office regarding resolution of my complaint. I am hoping to hear back from you soon, so this complaint can be resolved promptly.

Than k you,

(b)(6),(b)
(7)(C)
On Fri, (b)(6),(b)(7)(C)

rote:

Dea (b)(6),(b)(7)

(C)
I write to inform you that I had my residential college dean submit my complaint on my behalf.

Onlybe SUbmittedin COnjUnCtiOn
WithhiS Or her residentialCOiiege
master, residentialcollege dean, a member of the Yale College Dean's Office, a human
relationscounselor, a member of the President'sCommittee on Racial or Ethnic Harassment,
or the UniversityPolice. The UWC Chair or Secretary are not one of those people. While their
proceduresstate they may refer someone for disciplinefor lying, this does not give them sole
jurisdictionto do so. Indeed, there is nothingin the Undergraduateregulationswhich gives
them this privilege.
Asyouno te, astude ntcomp laintca n

(b)(6),(b)(7)(C )

I am therefore bypassingthe UWC in bringingthis complaintto your attention.
Sincerely,

l(b)(6),(b)(7)(C)

On l(b)(6),(b)(7)(C)

Dea~~M~L

!wrote:

l

Thank you for contacting the Execu tive Committee and submitting a complaint for our consideration. As we carefully reviewed your letter, we note that the Executive
Committee cannot accept your complaint, as the Disciplinary Procedures provide that an undergraduate student may bring a complaint of an nonacademic infrac tion to
the attention of the chair only in conj unction with his or her residential college master, residential college dean , a member of the Yale College Dean's Office, a human
relations counselor, a member of the President's Committee on Racial or Ethnic Harassmen t, or the University Police. This Committee does not accept complaints
directly from students.

~~~~~~~!.°~~ ~?~l?J~!~t
!~!~~e_s
,~o-~,'!1_a
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;_

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!~~~.~_re_s
..P!?Y!~:th_a,l
.!~:,Y,~~may refer for discipline students who are not

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,

Best regards,
(b)(6),(b)(7)(C)

~ale College

I

From: (b)(6),(b)(7)(C)
Se
To:11 Ho 111 " I George, Pamela
Cc:11 u r, I r
Subject: Execubve Committee Complaint
Dea~~~ ! 6),(b)(()

l (b)(6),(b)(7)(C)

I

I am attaching the following complaint to be brought before the executive committee. I explain in it why I am sending it to you and nof b)(6),(b)(?)(C)

 l{b)(6),(b)(7)(C)

Follow Up
(b )(6) ,(b )(7)(C)

(b )(6),{b)(7)(C)
To (b)(6),(b)(7)(C)
Than k you.
17
1~bl~'6~
},::
lb~
}l"1'Z}~
IC~l---l~

o"o~~
~(b)(6),(b)(7)(C)

I

!

'

(b°"'
)("6'!"'
' )(""
b"'
)(7
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(C"') -------I

I am attaching a statement as follow up to our meeting on Friday.
'

l(b)(6),(b)(7)(C)

l(bThank
)(6) ,{b )(7)(C)
OU

w rote:

 Follow up on !(b)(5 ),(b)(?)(C)
(b)(6),(b)(7)(C)
To: (b)(6),(b)(7)(C)
Cc...._ __________

(b)(6),(b)(7)(C)
--1

Please see attached .

~ Follow-up-onr )(5),(b)(?)(C)
~ocx
7K
-· ______________._

 Letter

l(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

--;:;::;::;;;:::;:;:;;;:::.-------------------------'

Jason Killheffer <jason .killheffer@yale .edu>

Dea (b)(6),(b)(7)

ori{b){6)
,(~)(7)(C

Thank you for your letter
!The UWC's proced ures do not include a. process for se.eking the dismissal of a complaint prior to adjud ication. After this case has
been decided, should there !5!!anyn!!l!clfor' you to appeal, you may raise proced ural issues at that time.

'tJ,~:l ived.However,
a copy of the compla int, which met the requireme nts of Sec tion 7.1 of
0 6\~~
after a decision has been made, if you believe an appeal is
r 1dedto you.

g~nyire that you receive "a written statement of the allega~~~~ ·
The UWC's proced111~ ~ QQ1
the procedures , andUX6i.t6 i u ~ rovided additional detail when she spoke with .YOU
!!
necessary, you may en raise y ur concerns about the sufficiency of the informa tion Iha

The UWC's proced ures requi re that a hearing panel's decisio n on culpability be based on a preponderanc e of the evidence presen ted by the fact-finder and elicited at the hearing.
The UWC procedures do not include the concept of a shifting burden of proof .
Sexual touching, sexual contact, and restraint are not defined in Yale's policies and should be understood to have the meanings commo nly associated with them . If there are any
doubts about whether touching or contact was sexual or whether an action represented restraint, the hearing pane l w ill resolve them in its findings of fact. Consent is defined here:
http://smr .yale.edu/yale-sexu al-misconduct-polic ies-and -related-definitions.

b_
)(_
6)_,(_b_)(_7_)(_C_) __________
The UWC's jurisdiction is defined in Section 1 of the UWC's procedures , an<i..(_
The process for posing questions to witnesses is covered in Section 7.4 of the UWC's proced ures.

_.

!(b)(%
(6) !is away until (b )(6) ,(b)(7 hen she returns, she w ill contact you again to arrange a time for an interview. Once her report is finished, the time periods set out in the
t:Jt'Oe'
s procedures for the res o e process will apply.

Dea (b)(6),(b)(7)(C)
I am attaching a letter in which I describe some of the issues with the formal compla int against me at the UWC .

(b)(6),(b)(7)(C)

 r b)(6),(b)(7)(C)

Meeting

l(b)(6),(b )(7)(C)

__

To: (b)(6) ,(b)(7)(C)
Cc

Dea

..._

_.

I have n~r ~i:,d.~Qp le Hangouts, and so in the interest of not wasting time learning new technology I would prefer to commu nicate by Skype . Please call me by 10 am. My
phone i¥b)(6)Jbj(/j{If needed . If we can't meet in person, I would like for us to at least see each other, but if necessary we can talk by phone. I look forward to meeting you
both.

l(b)(6),(b)(7)(C)

On~l

lb)(7)/C)
eadb) (6),(b)(7)(C)

! wrote:

(b)(6),(b)(7)(C)

My adviser,
and myself thank you for accommodating our schedules .
We are (bl <5 l .(bl<7 l<C)
nd we will contact you tomorrow at 10 a.m . Please let me
know if we can contact you via Google Hangouts, as that works with my
Chromebook . Otherwise we will contact you via Skype . If for some reason the
communication fails, do you have a direct number we can call? Otherwise, if you
do not hear from us by 10 , please call me at (bl<5 l,(bl <7 l<Cl
(b)(6),(b)(7)
(C)

 Page 0138 of 1164
Withhel d pursuant to exemption

(b)(6),(b)(7)(C)
of the Free dom of Inf ormation and Privacy Act

 Page 0139 of 1164
Withhel d pursuant to exemption

(b)(6),(b)(7)(C)
of the Freedom of Information and Privacy Act

 r )(6) ,(b)(7)(C)

no contact order - please confirm

r

)(6),(b )(7)(C)

(b)(6) ,(b)(7)(C)
To (b)(6),(b)(7)(C)
Dea ~(b)(6),(b)(7)(C)

!

I understand the content of this message.
At the same time, I write to r~~ ~f'fis \ rf your pledge to work _out a so lution that enables me to access my friends' su ite, and of Mr. Kilheffer's s tatemen t that any agreement does
tnay pursue a complaint.
not nega te the poss1b1hty tha ·- __ '

5l I
l~~g~/

!

0 ~(b )(6),(b )(7)(C)

wrote:

__...

J(b)(6),(6)(7)

Dea, .__
1<c)

I am following up regarding the no contact arrangement that we discussed several weeks
ago and to clarify the restrictions that are in place while the UWC formal complaint is in
5
progress. Your compliance is required with the following no contact order regarding-l~~~~~
-l/ -l 6
l Please review the order and reply to this email to confirm your understanding of
the restrictions below.

l}~~}
~/ I

1. You may have no h sical, verbal or virtual (email, texting, social media,
7
etc.) contact with (bl <5 l,(bl < l<Cl
In the event that you find yourself in the same

location, either on-campus or off -campus, you should not approach or engage
7
with (bl <5 l,(bl < l<Cl
and, to the extent that it is possible, you should leave the
immediate vicinity . Note that this requirement is not intended to limit your
access to campus locations where you must be able to participate in your
educational program .
2.
3.

v

l(b)(6 ),(b)(7)(C)

rou may not enter ...
_______

You may not enter

Inor linger near its entry or exit points.

5
(bl< l .(b)(?l <Cl

____________________
...nor linger near its entry or

(b)(6) ,(b)(7)(C)
.___

exit points.
•

•

4. You may not attempt to contact or communicate wit~
a third party.

(b )(6),(b )(7)(C)

through

Please note that violations of this no contact order may be the basis for further
disciplinary action . This no contact order will be reviewed at the conclusion of the UWC
Icomplaint . Please contact me at any time if you have questions or concerns .

 Best,

 



 

 

 

 

 



 

 

Questions and Request for Extension

l(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)
To (b)(6),(b)(7)(C)

C

Please find attached my res ponse to your lette r.

o ~(b)(6),(b)(7)(C)

~ rote:

Dea~(b)(6),(b)(7)(C)

I

I wou ld like to submit a ser ies of quest ions I have whic h I feel need to be clarified before I can write my response to Dean Cooley. I would apprec iate as
thorough answers as possible.
I wou ld also like to reques t an extens ion on my respo nse to Dean Cooley pending resolution of these matters .

(b)(6),(b)(7)(C)

t:JLetter to ....
r_)<

5
_),(-b)-(?)-(C-) _____

94K

lpdf

...

 Re: UWC

r

)(6),(b)(7)(C)

6 5 6)(()

(b)(6),(b)(7)(C)
with me Skyp ing in our meeting with 1< )( ),(
o so usmg your ema il address?
.__
(C_) __

I

Given t he back to back t ime frame, it may be wiser for me to skype you . Should I

_,_

(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

::,uoJect:Ke: uw1...

J....
(b-)(6
.....
),-(b"""
)(7,,...
)(C
""")___

Dea,

I

1

That timing sounds fine . Kindly send me vour Skype contact information and I will reach out
1
to you on Monday at 12:30 p.m. Woul~~~/~~{°
pike to come to my office for the meeting?
best,
(b)(6),(b)(7)(C)

I

(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

Dea

(b)(6),(b)(7)(C)

That timing sounds fine. Kindly send me your Skype contact information and I will reach out to
you on Monday at 12:30 p.m. Would~
like to come to my office for the meeting?
best,
1<6
J(6),<6JU)(
I

 (b)(6},{b}(7)(C)

From :l<bJ(6J,<bJ<? J<cJ

I

(b)(6),(b}(7)(C)

Date : Thursday~
To :l <bJ(6J,<bJ<?J<cJ

<bl<5 l.<bl<7 J<Cl

I

I

(b )(6),(b )(7)(C)

Cc:1<bJ(6J,<bJ<?J<cJ

I

(b )(6),(b )(7)(C)

I

Subject: Re: UWC
Let's schedu le 12:30 to

l. 1~~)(6),(6)(() 'in dicated that she had another engagement at 12 and we would have to end our meeting with her by then, so I

am certain that with the added cushion, we shou ld be available by 12:30 to meet wit h you . I will contact you on Monday if that is not the case. Thank
you.

(b )(6),(b )(7)(C)

····· Original Message
·····

ff'om: (b)(6},(b}(7)(C)

Sent : (b)(6},{b)(7)(C)

Subject: Re: UWC

Dear

(b)(6),(b)(7)(C)

On Monday, I am free from 12:30 to 1 p.m. and also from 3 to 5 p.m. Please let me know
which of those times would work best for you and (bl<5l.{bl<7J<CJ
Sincere!

(b )(6),(b )(7)(C)

From :!<bJ(6J,<bJ<? J<Cl
(b)(6},{b)(7)(C)

Date : 1<bJ{6J,<bJ<?J<cJ

I

 Top

I

l<6).(b)(7)(C)

(b)(6),(b)(7)(C)

Cc:l<b)(6).<b)(7)(C)

I

(b)(6),(b)(7)(C)

I

Subject: Re: UWC
~

will be meeting w ith ._!
<b_)(_6)_,(b_)(_7)_(C_) ____

___,!via Skype that should last unt il around 12. Can we set up a meeting with you via Skype

afte r t hat , say 12 :30? Please confir m.
(b)(6),(b)(7)(C)

····· Original Message-····

I

from (b)(6),(b)(7)(C)

I

Se nt: (b)(6),(b)(7)(C)
To :l(b)(6),(b)(7)(C)

Cc:j~~\(6),(6)(()

I

!

Subject: Re: UWC

____I

l(b)(6),(b)(7)(C)

Dearl..._

___,

Thank you for your prompt reply. 1<bl<5l,(bl<7l<C) lis of course welcome to join us. He and I
have spoken in the past about the UWCa€ ™s procedures and la€™m happy to answer
any questions he may have as well. Is there a time today that might work for you both?
Sincerely,
r )(6).(b)(7)(C)

1
(b)(6),(b)(7)(C)

Subject: Re: UWC
Thank you.lifilIJ

for contact ing me. Phone or Skype w ill be th e best way for us to meet . Ma~

r 6).(bX7XC)
1

er be part of t he meet ing as well? ~

 r X6),(bX7XC)

-----Orig inal Message-----

Fromj(b)(6),(b )(7)(C)

Sent! (b)(6),(b )(7 )(C)
To~(b)(6),(b )(7 )(C)

ecl}~,<6).(b)(7)

I

Subject: UWC

(b)(6),(b)(7)(C)
Dear
I am the Secretary of the University-Wide Committee on Sexual Misconduct at Yale
and help to oversee the committeea€™s formal hearing process. I understand that
!adviser in his UWC case. I wanted to extend
you are serving as!<bl<5l,(bl<7l<Cl
an invitation to you to meet in person, by phone or by Skype to review the UWCa€™s
procedures and answer any procedural questions you might have . in my experience,
such meetings are very helpful for advisers. I am available tomorrow between 9:45
a.m. and 5:30 p.m. and Friday between 12 and 1 :30 p.m. If you would like to meet
and these times are not convenient, please feel free to propose others.
Sincerely ,
(b)(6),(b)(7)(C)

 l(b)(6),(b)(7)(C)

Request for Extension
(b )(6) ,(b )(7)(C)

Dea~
I have not heard back fro~ (~)(6) ,(b)ei)( h egarding my request for an extension on my response to Dean Cooley. (I sent him an email last night with a series of questions,
including a request for an ex ens,on) ease inform me whether an extension is being granted.

 l (b)( 6),(b)(7)(C)

Response to Dean Cooley
r )(6) ,{b)(7)(C)

(b )(6) ,(b )(7)(C)
To (b)(6),(b)(7)(C)

C
Dea ~(b )(6) ,(b )(7)(

l

I have rece ived you r response to the panel's report to Dean Cooley , to w hich you have attached your writte n open ing statement.
The UWC proce dures state in section 7.4 . Hearing: "The compla inant and then the responden t may make a brief statemen t of no longer than 10 minutes to the panel , and they may
prov ide a written copy of their stateme nts to the panel at the hearing."
Your opening stateme nt, as written, would have take n cons iderably longe r than 10 min utes to read. The pane l allowed you 10 minutes to make an ora l stateme nt. in whic h you
summarized the arguments in your written statement. They then accepte d your written statement so that they cou ld consult it if they found they needed additiona l infonnat ion or
clarification of your testimony. After heari ng your testimony , the pane l decided that they did not need to read your open ing statement to conclude that you had not violated the
University Policy on Sexual Misconduct or that there was no retaliation. Beca use your written opening statement was not cons idered by the UWC pane l, it was not included in the
materials sent to Dean Cooley .
After a dec ision has been made, if you believe that remov ing your written opening statement from the ma terial provide d to Dean Coo ley biased her decis ion, you may raise your
concern in an appea l.

b )(6) ,(b )(7)

(b )(6),(b )(7)(C)

 r X6),(bX7XC)

uwc
r )(6),(b)(7)(C)

f

i(br) ,(b)(7)(C)
(b )(6),(b )(7)(C)
(b)(6),(b)(7)(C)

Dea
I understand that you have not yet arranged a meeting with the UWC's fact-finder
because you are trying to identify an adviser. Please let me know if I might be of
assistance in this regard .
It is important that the case move forward and I ask that you use your best efforts to meet
with the fact-finder before the end of next week.
Sincerely,
(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

 UWC - Question
r )(6},(b)(7)(C)
To (b)(6),(b)(7)(C)

C

Please find attached my response to your questions.
Sincere ly,

(b)(6},(b)(7)(C)

~ Letter tol <bl<5l,(bJ(?J<Cl
l!:l 68K

lpdf

-- ~~~~~~.......

 r )(6),(b)(7)(C)

UWC - Questions

l(b)(6),(b )(7)(C)

(b)(6),(b)(7)(C)
To (b)(6),(b)(7)(C)
C
Dea (b )(6),(b)

I wou'd liketoclarifv oneadditional pojnt
r )(6),(b)(7)(C)

(b)(6),(b)(7)(C)

7l<Cl
5l.<bl<
Letter to!<bl<
IC! 68K
'--~~~~~~----J.

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lpdf

 . 

UWC Confidential

 



 

 



 

 



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(b )(6),(b )(7)(C)

UWC Confidentiality
l(b)(6) ,(b)(7)(C)

Dea.(6)(6),(b

!

!~~~~~J~<:l J contacted the UWC rece ntly with concerns that you may have violated the confidentiality of the UWC proce edings. I wou ld like to talk wi th you about this either by
r y e. Please let me know how I can reac h you .
I am available today until 4:30 p.m. and most of tomo rrow (Friday) betwee n 8:30 a.m. and 4 p.m . EST.

(b)(6) ,(b)(7)(C)

 l {b)(6),(b )(7)(C)

UWC investigation

l{b)(6) ,(b )(7)(C)
Dea¥b )(6) ,(b)(7)(C)

!

I must apologize for th e delay in getting bac k to you. the process of retaining an advisei (b )(6),(b )(7)(C)

! was not sim ple.

My adviser is an attorney. Unive rsity reg ulatio ns say a notice of 4 day s is expected whe n comi ng to a meeting with an attorney. Plea se let me know, then, if we are still able to meet
withi n the next 4 days.

I am also deeply uncomfortable with meeting for any fact-find ing purpos es without know ing beforehand the exact allegations against me . I need to know the da tes and alleged
act ions. When I met with uni versity officia ls, they told me more de tails, but I would apprec iate those details in wr iting.

0

qp:&rn1rn
I

I

1

I am fre~
Tuesday
advise r

wrote:

y morn ing before 11 or afte rnoon 2 pm or later. I am free over the weeke nd almost anyt ime. Mo nday is no longe r goo d for me as I will be out of town .
m free before noon. When is your adv ise r availa ble? I want to include him or her but you have really pushed this to the limit. If you wou ld inc lude you r
emails we could facilitate scheduling more eas ily. Kindly confer wi th your adv iser and respond today or tomorrow before noon wit h a time you ca n meet.

I

l(b)(6),(b )(7)(C)

Iwrote:
When are you ava ilable to meet? I ca n mee t you anyt ime on Frida~( b )(6),( ~ r afternoo n, Monday, althoug h my adv iser wo uld not be able to meet, then , and I wo uld
ap prec iate a time tha t would work wi th my adv iser, too .

0 J (b )(6) ,{b )(7)(C)
o'ea(l(b )(6) ,(b )(7)

~ wrote:

j

It has now been nearly three wee ks sincd7bi76l,l when t';fis\)%£:tTW ;T~\ed ils cbaca
iyg letter to you, and yo u have not responde d. I have sent yo u three em.ails
(one o .L . ___
!___7)___
. but you have not done so , based on repeated statemen ts that yo u are m the
requestin g that yo u schedule an 1ntervie~
I lold l<Dllearlie r_this week , my investig ation has a dea~l in~ and I need to
ii,t e certain that you will meet wit~ me. If I do not .
process of retai nf<g
iv1th a firm date that you will meet with me, whic h 1s no later tha~ _____ !__ will assume that you are refusing to part1c1pate in
hear from yo u byt _}. '- -··- C _
this inves tigation and I will submit my report to the UWC without any input from yo u. I loo k forwa rd to hearing from you soo n.

r~qgr)t'{t
f5

!t'l?M

Sincere!
(b)(6) ,(b)(7)(C)

orffe)t§llb}<7}1C}
imj {b)(6),(b)(7)(C)

I

I apologize. I ca nnot give you a time yet. I w ill not be able to meet this wee k. thoug h. I w ill be in touch when I ca n give you a defin ite answer .

~
o nasWMI~
ea .

I

),

n'

1wro te:

{)(Cj

vny~ \be

Ca n you please give me so me idea ~~*h:n
~~~~~~ ~~~!? I beI
conclude my mvest1gat1on befo re th~L - ~l .H:>}fi.li~ .
~ )i ~~~2~ )(C)
,
ol.
us to sched ule an appointme nt. I wou app rec iate yo ui

Best.
l(b)(6),(b)(7)(C)

llNC
Prnced11
ces grpyjrje
thatthe fac Hindi ng proc ess has a 2 1 day time limi t and I am to
lbut I will not be ava ilable every day so I 1t 1s importan t for

i
i wro te:

on l/ b) 16),eri<
c)
Dea Jb J 6_ ,(b )(7) (C )

I am still in the process of retaining and updating my adv iser. I do not exp ect to be able to meet this wee k!._
(_b_)(_6_),_(b_)_(7_)_(C_)____________

B~s~
l<b\
6 <b)(7)
I
onffiillR
><bVZVCl

!wrote:

CJeail{b )( 6),(b )(7j

I have no t heard from you , but I am hoping we will be able to schedule a mee ting this week. Please let me know what is poss ible for yo u.

irote :
Thanks for your message . Please let me know as soon as you ca n.

j

li(b (6) ,(b)(7)( C )

i wrote:
I am wo rking on retaining an adviser . I will be in touc h with you when that is sett led.
1<6) (6),<b)({)

I

_.

 ._!
(b_)(_6)_,(_
b )_(7_)(C
_ )_________________

! wrote:

ndent fact-finder appointed by the UWC to investigate a complaint against yoJ(b)(6),(b)(7)(C)
b 6 ,b 7
I am contacting you to find a time to meet with you to discuss your perspective
i-,,o"-"
n"'lh"'e.,_,.
e_.
ve
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a1
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' i h"'
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receive your response to the complaint or any information about who will be your adviser, so I would like to have that information before we meet.
I know that this process is not easy or comfortable for anyone, and I will do my best to make it as least difficult as possible. It would be helpful if you
would bring with you or send me any documents, emails, photos or other materials you would like me to consider in addition to your statements. It would
also be helpful if you would provide the names of any other people that you believe have information relevant to the complaint.
l (b)(6),(b)(7)(C)

l

I hurs.I2/11 before 10am

Fri. 12/12 before 11 am
Tues., 12/ 16 between 12 and 2
Wed. 12/17 between 12:30 and 2:30
Please lel me know who your adviser will be so that I can include him or her in the scheduling process and let me know what times are possible for you.
Thanks in advance for your cooperation with this investigation.

.b
7l{Cl
en ent Factl

nder

 r )(6),(b)(7)(C)

r

UWCinvestigation

)(6),(b)(7)(C)

(b)(6),(b)(7)(C)
To (b)(
6),(b)(7)(C)
C

Thanks. I will be here before 10:30 and will look for your call.

O~(b)(6Hb)(7)(
C)

Thank ou. I will be using my son 's comp ~
b 6 b
En·o
our weeken d . Regards,

(b)(6),(b)(7)(C)

Iwrote:

mmm,

I' ll contact you like last t ime w it h an inco mi ng that does not ident ify m e, but my son ~

,

Thanks for your message. I look forward to talking with you on Monday at 10:30. Please let me know what Skype contact to use or if you will contact me.

(b)(6),(b)(7)(C)
o~(b)(6),(bl{7l
{Cl
Dearl<b)(6),<bl(7)(C)

!wrote:

7
5
I am writing to affirm that we can schedule the intervie~ ...
<b_l<_l._<b_l<_l<_
cl__________
l<b)(6),(b)(7)(C)

__,

I

I request that you include (bl<5l,(bl<7l<Cl
your factfinding. (bl<5l,(bl<7l<C)
(b)(6),(b)(7)(C)

notes from her ori inal interview with (bl<5l,(bl<7l<Cl

Please also intervie (bl<5l,(bl<7l<Cl
recollection of our meeting with (bl<5l,(bl<7l<Cl

---------------~~~----------'

for his

nd Mr. Kilheffer.

j wrote:

(b)(6),(b)(7)(C)
This is to confirm an interview scheduled for 11 am o
to be held via Skype
7
5
l<bl<l.<bl<l<Cl
I I don't know where you will be or what computer
you will use, so please let me know how to contact you or if you will contact me. I have
exactly one hour available and I have another appointment scheduled at 12:00 . If you are
available to start at 10:30 rather than 11, that would give us more flexibility, but that is up
to you.
Regarding document production, the procedures require you to submit documents through
me for analysis and inclusion in my report. When we speak on Monday, we can discuss a
firm deadline for the production of documents. The more that you have ready before we
speak the better.
The hearing date will be arranged by (bl<5l,(bl<7l<C) and you can discuss with (bl<5l,(bl<7l<C)
your wishes to have the hearing sche u e as soon as possible.

 5

7

My reportwill set out the versionof eventsthat I have hearddirectlyfrom(bl< l .<bl< l<Cl and
the versionthat you provideme when we speak. I will alsonote your commentsthat
other versionshave been relayedto you previously,
and I will note conflictsor
inconsistencies
betweenthe narrativeI have heardfrom(bl<5l ,(bl<7l<C) and othersthat you
may have heard previously.When we meet on Monday,I will askyou aboutyour
perspectiveon your contactwith(bl<5l ,{bl<7l <C) and yourversionof the eventsrelatedto the
complaint.We will onlydiscussyour objectionsto what(bl<5l ,(bl<7l<C) as saidafter you have
answeredquestionsaboutyouractionsin relationto her. If you are unwillingto answer
questions,I will terminatethe interview.
Sincere!
(b)(6),{b)(7)(C)

Iwrote:

O~(b)(6),(b)V)(C )
r j <b)(6).<bl( 7)(C)

Dea

5
LiW:Iw;jtiJlgto schedule our interv iew on ._r_)_< _).(-b)-(?-)(-C-) -~~
!(6 ){6) ,(0)(7Jl in attendance .
.

!

t 11 a. m. The interv iew w ill be as before via Skype from !(b){6),(b)(7)(C)
•

l

I would lik e to conf irm whether you will be affi rming one of the conflicting narrat ives mentioned in my letter to!~~)(ti),(b)(()
whether you will
be incorpo rat ing the conflicting narratives into your report, and whether you will be filling in any of the gaps in the comp lainant 's narrat ive, as
outlined in the let ter.
Please also note t hat I am finaliz incJ(b)(6),(b)(7)(C)
h his may impact
my abili ty to have my docume ntary ev idence fu lly prepared in t ime fo r the inte rview . I wi ll do my best, but under the circumstances
lease
confirm whether I can p roduce documentary evidence at any time up until and inclu ding the hear ing. Also, along the same lines {b)(6),(b)(7)(C)
i {bl{6 l (bl{7l {Cl
Do you have an idea of the earliest the hearing can be scheduled'

I

oj}~~it\
~~/~r{iS
lrespons

I am contacting you to schedule a time to resume our interview regarding the uwc complaint agains~(b )(6),(~)(~ 1received a copy
your letter and I understand that the procedural complaints you have raised are to be considered at t e appea p ase 1f you are not s , ,
·
·
·
meet for a fact-finding interview are:
(b )(6),(b )(7)(C)

,

mm1ttee's

to

ut I am certainly
(b)(6),{b)(7)(C)
Either way, I assume we will still need to Skpe wit (b)(6 ),(b)
appy o mee in person I a 1s poss, e. ease e me now I any o e 1mesabove is possible for you, and if not, what wou d be a etter time. If you are still
unwilling to answer any questions from me, please also let me know that so that we don't waste each other's time repeating the discussion we had a few weeks
ago.

 meeting
(b)(6),(b)(7)(C)
___________

_. 'Killheffer,Jason" <jason.killheffer@yale.edu>

Thank ou,
(b)(6),(b)(7)(C)

From: (b)(6),<bl (7)<Cl

Sent:

I

(b)(6),<bl (7)(C)

To: (b)(6),<b)(7)(C)
1
Cc: (bl <5l ,(bl<7l <Cl
IKillheffer,Jason
Subject: Re: meeting

I

l~~/~~/b)
! and I can come at 4pm today if that slot is still available. I would appreciate as much information up front as possible. Thank you.

on !(b)(6),(b)(7)(C)

~ rote:

Dear l~~l<
!,<

5 5JuJ

Thank you for your response. This is a time sensitive issueand we need to discussit with
is welcome to join us. My Title IX colleague, JasonKillheffer,
you in person . l <bl <5l ,(bl <7l <Cl
copied here, will also attend.

l

Best,
(b)(6),(b)(7)(C)

From: 1<b)(6),(b)(?)(C)

I

Sent: 1<b)(6),(b)(7)(C)
TO:(b)(6),(b)(7)(C)
Cc:

________

I

.....,

Subject: Re: meeting
Hi.
I don't have the emotional wherewithal to follow up on this right now, I hope it's ok t~ (b)(6),(b)(7)(C)
:~an k you,

! call you on my behalf.

 llh\16}<bVZVCl
Sent from my phone .
Oeai \~/ \~/b )

!

I am the Title IX Coordinator for Yale College. I've received a report that I need to discuss with you. If possible, I would like to mee t wi lh you in person this week. I am available
Thursday from 8:00-10:00am and 2:00-5 :30pm, and Friday from 3-5:30pm.

Please contact me wi th any questions.

Best,

(b)(6),(b)(7)(C)

 r

)(6),(b)(7)(C)

UWC investigation

l(b)(6),(b)(7)(C)

jlb}r l lb}<7}1C}

(b)(6),(b)(7)(C)

Dea rl<bl(6),<bl(7)(Cl

After reading the response that you sent on Monday night, I am concerned that the
information that you have included regarding (bl<5l,(bl<7l<Cl patterns of sexual activity with
individuals other than yourself is not appropriate to put before the UWC panel because it
violates the guidelines of the Office of Civil Rights, which very clearly state that,
"Questioning about the complainant's sexual history with anyone other than the alleged
perpetrator should not be permitted."

It would be helpful if you could provide me with an explanation of why this information is
relevant to the specific allegations against you, i.e., why detailed information about !~~~
~% !
5 5
l}~
,<!,<Jm!sexual habits with others is relevant to whether or not you touched her without
. 1(6)(6),(6)(()
consen t in .._cc) __.

_ I

Sincerely,

r

)(6),(b)(7)(C)

 r b )(6),(b )(7)(C)

(no subject)
l (b)(6),(b)(7)(C)

~~ ,~t

I)

f17
~kr ow if a Skype interview at 9:30 am is acceptable to both of you , and please provide me w ith your Skype contact information so that I can call you. My contact is
I I will be out of town on Monday, so I w ill not respond to any messages until the evening, but if the meeting time on Tuesday w orks for both of you I will just call in

the morning.

!(b

I

6),(b)(7)( C )

i wrote:
Given the four-day rule, it wou ld seem that our meeting on Tuesday should be able to occur. Please also note my request below for my legal adviser and myself to appear at the
meeting via telecommunicat ion, like Skype or conference call. Please confirm whether we will be able to talk as such on Tuesday.
Thank ou,

6I
l~~g~!n
-

-H

-

Eooomr
ded roessaoe
~UH

-n

From
l____________
(b )(6),(b )(7)(C)
Oate:I._

_.

Subf ct: Re:

~~
~trcbntn¥
Rt)
oea ~(b )(6),(b)(

I

Thank you for notifying us that jlb}/6} /bl livill be your advise r. She w ill be CCed on all future communications.
You should have received frorrl(b )(6 ),(6 )( () ( it he Complaint provided to the UWC j{ b )(61z(b)(7 )(C)
!and Notice of Complaint from the UWC jlb}/6} /b}/7}
/C}
j
Those documentscontain all olihe information the UWC has about your case at this time. Our fact hnder.116\S\ /6\I /\I(' I is C~f,QA~ withiOti rviewing both parties 81)'1/~le~~Qt
witnesses to.determine the full scope of the allegations, the date(s) of occurrence , and any other facts relevant to the complaint. f~ (~ ,(b)
already interviewed jQ:i
and will provide you w•th the relevant background when she interviews you.

j,as

!)~g~.,<
b)

!will speak with you by Skype or by phone if that is the only way for her to conduct the interview. I have CCedi(b )(6 U b H

Ion this email.

1<
@\
~8r~Y<1
I
On!(b)(6),{b)(7)(C)

Dea r

r rote:
l <b)(6),<b){?)<Cl

I am wr iting to inform you that I have retained a lawyer as my adviser .
Her contact information is as follows :
(b){6),(b)(7)(C)

Please include her to the extent permissible in all emails, document
distr ibution and communications.
I am also wr iting to request a statement in writing of all of the
allegations and complaints against me including the date of the
occurrence , back story and specific details .
Finally, I would like to know whether my adviser and I may part icipate
in the fact-finding meeting via Skype or similar te le- communication .

K6H
)

 

 



 

 

 



 

 

r )(6) ,(b)(7)(C)

UWC investigation
(b)(6) ,(b)(7)(C)

Dear !(~/(6),(b}(()
I appreciate your patience throughout this process and for awaiting my response's submission. I lost two workdays duel(b) (6),(b)(7)(C)
...
. """'"-'----------'
scramble to put this together. As it is, I do not consider it a finished product, but it is the best I could do given the time cli"'n.,;s""fl'"'a1"'"ni""s

l and had to

Th nk
(b )(6),(b

j wrote:

Onllh}f6)fh\f7\IC}

116
\/R\/h\/7I

1 I gave you no specific hour deadl ine because I assumed the standard interpretation of close of business, which is 5:00 pm. Kindly submit your materials as soon as possible.

!

l!(b)(6) ,(b)(7)(C)

I

On !(b)(6),(b)(7)(C)
lwrote:
I am confused . When we first talked about submitting the documents on Monday no mention was made of an early deadl ine.
~

ly,
On! (b )(6) ,(b )(7)(C)

eat(b)(b) ,(b)(I

i wrote:

I

This is a reminder that any documents you wish to submit should be emailed to me today. I will expect them before 8 pm.
(b)(6),(b)(7)(C)
On Sun l(b)(6).(b )(7)(C)
Thank you. I will wait for your Skype call as before.

l wrote:

O~ (b )(6) ,(b)(7)(C)

!wrote:

On Sat J(b)(6) ,(b)( 7)(C)
Dearnb )(6)
,(6)(7)j

! wrote:

Friday at 11:30 works with me, and with!~~/~~ ,(b)
l~~l~~,<b)

1

I

! too.

iwrote :

o rl (b)(6) (blf7){Cl
Dearj(b )(6Hb )(7)(C)

I was unclear whet
hel(6)(6),(6)
cjis also available all of the times I initially offered. I suggest we meet o¥ b)(6),(b)(7)(C)

l

!(b )(6) ,(b )(7)(C)

16

!Thank you.

jwrote :

onJ(b ) 6 ,(b )(7 ~c )
ea •( )(bj,(

6I

As we discussed, every1hing must be submitted this comin~~~,(6),(6)(7)

l the earlier in the day the better. I expect your cooperation in this regard .

Thank you,
!{b)(6) ,(b)(7)(C)

f wrote :

On~K
;;;b}~{6
i!llilil/iil
bl'l(7
-'j,oliliLC
"'l"""' ________________

ciear
lr6\2R)
$){/)( I

I am prepared to meet with you on either of those dates.
When , then, must any documents I am submitting be submitted?
l <b )(6).<

I
! wrote:

I am writing to schedule a time for a follow-up interview. As we discussed on Monday, I wm
have an opportunity to check my
your statements as we ll as to ask you any final questions that might arise after I meet with
, again. My new report deadline is
would
needtomeetwithvoubeforetheendof next week. I am available anytime during t e o owing times:
l <b)(6) ,(b)(7)(C)

I

Please let me know what is possible for you.
Thank you.
!(b)(6) ,(b)(7)(C)

5 5
11:J
!~~l<
l,cJm!FactFinderStatementf inal.pdf

255K

lt'rffl~
~t
~~~,~~
gf
),

((

!so I

 Page 0164 of 1164
Withh eld pursuant to exemption

(b)(6),(b)(7)(C)
of the Freedo m of Infor mation and Privacy Act

 Page 0165 of 1164
Withhe ld pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Inf ormation and Privacy Act

 Page 0166 of 1164
Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

 Page 0167 of 1164
Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

 Page 0168 of 1164
Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

 From:

Pearthree
LouAnn
!(b)(6),(b)(7)(C)

To:
Subject:
Date:

FW: OCR Complaint No. 01-15-2204

!(b)(6),(b)(7)(C)

Dear (b)(6),(b)(7)(C)

Thank you for contacting me today . As you and I discussed,
•

An alle ed acts of discrimination or retaliation t hat you allege, and w hich occurred prior to
(b)(5),(b)(?)(C)
has not been filed timely.

•

You may req uest a t imeliness waiver. You may take unti l!(b)(6),(b)(?)(C)

lto request a

t imeli ness waiver.
•

We discussed the role of documentation in support ing a time lin ess waiver.

•

We discussed the eleme nts of a claim of reta liation.

•

The doc umen ts tha t we need to unde rsta nd your allegat io ns are: letters or em ails noti fyi ng
yo u of charges or no contact orders, decis ion letters and any data/ informat ion packets that
were provided to you during the heari ng/investigatio n processes. These should be rece ived
by!(b)(6),(b)(7)(C)
as we 11
.

I

•

It is IlQ.t the case that if you r complain t includes one act fi led t imely, your entire complaint is
conside red time ly. Allegat ions invo lving discrete act s must ind ivid ually be filed t imely,
based on t he date of t he alleged discrimi nato ry act.

•

For informatio n abo ut FERPA see:
http://www2.ed.gov/po

licy/gen/g uid/fpco/ferpa/st uden ts.htm l

Let me know if t here is anythi ng else that you need.
--LouAnn Pear t hree
(b)(6),(b)(7)(C)
Fram:
sen ·""(b....
)("6"""
"'),(...
b)""'
(7""')
(""
C),......-------------'
To: (b)(6),(b)(7)(C)
Cc: Pearthree, LouAnn
Subject: Re: OCRComplaint No. 01-15-2204
Dear! (b)(6),(b)(7)(C)

I am following up to my previou s email. My under standing is that I have one week left to
submit relevant material. Resolution of my previou s querie s would help me understand what I
am required to submit to move forward with this complaint.
Thank ou

(b)(6),(b)(7)(C)

On ~

X6),(bX7XCl

Dear (b)(6),(b)(7)(C)

Thank you for your email .

!wrote:

 When referring to retaliation, what is meant by "protected activity"?
I would also like to know what documentation you want at this point for the complaints that
are timely.
As far as the waiver is concerned, I do intend to file a waiver. There are two questions I have
about this.
One, OCR states:
OCR will generally take action only with respect to those complaint allegations that
act of alleged
have been filed within 180 calendar days of the date of the la£1.
discrimination unles s the complainant is granted a waiver. (emphas is mine)
The implication here is that only the last act alleged needs to be within the 180 day period.
Once the last act is within the 180 day timeline, all allegations will be within the timeliness
requirement. If all allegations needed to be in that 180 day period, OCR should substitute the
word "last" for "each" and say:
OCR will generally take action only with respect to those complaint allegations that
alleged discrimination
have been filed within 180 calendar days of the date of eam
unless the complainant is granted a waiver. (emphasis mine)

If OCR means the latter by stating the former, it would be understandable why someone like
myself reading this would think that as long as I am within 180 days of the last act of
discrimination, I can still file for all acts of discrimina tion by the respondent. If OCR meant
the former, it needs to be more clear about this requirement; the present language is clearly
misleading. I should not be held responsible for OCR' s mistake.
Second, OCR says:

SECTION 106
(a) Continuing Policy or Practic e Timely allegations may include those where the
complainant alleges a continuing discriminatory policy or practice. In evaluating
the complaint allegations, OCR shall determine whether there is a continuing
discriminatory policy or practice .

What is the criteria for determining whether a policy is continuous?

 On !(b)(6),(b)(7)(C)

-~~~===r------"""
!(b)(6),(b)(7)(C)
!

!...

l<b_)(-6),_<b_)<?_l<_c _) _______

__,!
wrote:

Thank you for speaking with attorney LouAnn Pearthree and me earlier this week. As
discussed during our telephone call, we have a process for a complainant to request a waiver
of our timeliness requirements. The waiver process requires that the complainant notify OCR
of their desire to request a waiver , include an expla nation of reason(s) why they believe there
is cause for a waiver , and provide supporting documents . Additional information about our
timeliness requirements and the waiver determination circumstances are provided at the end of
this email.
~- In addition , please
Please submit any waiver request within two weeks (by j<b)(5),{b)(7)(C)
notify OCR if you do not wish to request a waiver. If a waiver is not requested or is requested
but not granted , untimely allegations will be dismissed and you will be informed of this
decision .

During our telephone call, you also referenced a pos sible retaliation claim. To clarify our
previous conversation, the initial steps in a retaliatory claim, the complainant must provide
information that:
(1)
The complainant engaged in protected activity;
(2)
The complaina nt suffered a materially adverse action by the recipient; and
(3)
There is a causal connection between the protected activity and the materially
adverse action.
Please feel free to respond with the information to my attention via email/PDF at
5),(b)(/j !after this date please direct all information to LouAnn
5
7
!(b)( ),(b)( )(C)
!through !?~i<
Pea1three at LouAnn .Pearthree@ed .gov . Yo u may fax it to the attention of LouAnn Pearthree
or myself at (617) 289-0150 or mail it to the address in the signature block below. Please note
that if the office does not receive the above-requested information within two weeks of the
date of this email (i.e. b (b)(5),(b)(7)<C) , it may result in one or more of your allegation s being
dismissed.

If you have any questions , please feel free to contact OCR.
Sincere Regards,
r )(6),{b)(7)(C)

TimelinessRequirement
OCR will generally take action only with respect to those complaint allegation s that have been
filed within 180 calendar days of the date of the last act of alleged discrimination unless the
complainant is granted a waiver. Time ly allegation s may include those where the
complainant alleges a continuing discriminatory policy or practice.

The Determination
Whethera Waiverof the TimelinessRequirement
Shouldbe

 Granted
The Office Director may grant a waiver of the 180-day filing requirement for good cause
shown, such as under any of the following circumstances:
(a) The complainant could not reasonably be expected to know the act was discriminatory
within the 180-day period, and the complaint allegation was filed within 60 days after the
complainant became aware of the alleged discrimination (note that lack of previous awareness
of OCR or the civil rights laws enforced by OCR is not a basis for a waiver);
(b) The complainant was unable to file a complaint because of incapacitating illness or other
incapacitating circumstances during the 180-day period, and the complaint allegation was filed
within 60 days after the period of incapacitation ended;
(c) The complainant filed a complaint alleging the same discriminatory conduct within the
180-day period with another federal, state, or local civil rights enforc ement agency, or federal
or state court , and filed a complaint with OCR within 60 days after the other agency had
completed its investigation or, in the case of a court , reached a determination , or the agency or
court notified the complainant that it would take no further action;
(d) The complainant filed , within the 180-day period, an internal grievance with a recipient of
federal financial assistance, or a due process hearing, alleging the same discriminatory conduct
that is the subject of the OCR comp laint, and the complaint is filed no later than 60 days after
the internal grievance is concluded; or
(e) Unique circumstances generated by OCR 's action have adversely affected the complainant.

-----

Law Student Intern
epartment of Education
Office for Civil Right s
5 Post Office Square , 8th Floor
Boston, Massachusetts 02109- 3921
Direct: (6I7) 289-0015
Fax: 617-289-0150

OCR is commi tted to providing the publ ic, inc luding students, parents, educators, representatives of school districts, colleges , and
universities, and other interested persons , with infonnation about the civil rights laws OCR enforces. In responding to correspondence,
OCR provides customers with general, publ icly-available informati on about a wide variety of civ il rights issues in the education context.
However, OCR does not provide legal or other advice or issue advisory opinions to customers concerning specific factual scenarios.
Correspondence issued by OCR in response to an inquiry from the public does not constitute a formal sta tement of OCR policy and
should not be construed as creating or aiticulating new policy. OCR's formal policy statements are approved by a duly authorized OCR
officia l and made available to the public.

 From:

To:
Subject:
Date:
Attachments:

eea
rth
ree
. 6°0600

!(b )(6),(b )(7)(C)

FW· LJniye
rsityEmails
!(b )(6),(b )(7)(C)

Emails.p_d
f

l.J
n iYer.sLt
)l Doc.ume
nts.msg

Dear

(b)(6),(b)(7)(C)

I have looked carefully though everything you sent to get the file together, including the
attached PDF you put together for me, and the attached email (which itself has attachments)
but I don't believe that I have a copy of anything from you that is a complaint from you to the
University alleging that a student lied. I need to see that please. If I have missed it, please
feel free to point it out to me. Otherwi se, please send it.
Thanks, LouAnn Pearthree
LouAnn Pearthree I Senior Civil Rights Attorney
U.S. Department of Education
Office for Civil Rights
5 Pos t Office Square, 3th Floor
Boston, Massachusetts 02109-3921
Direct: (617) 289-0138
Fax: 617-289-0150
LouAnn .Pear three@ed .gov

From:

Sent:

(b)(6),(b)(7)(C)
(b)(6),(b)(7)(C)

Dear Ms. Pearthree,
I am attaching a pdf of email communications between myself and the university with regard
to the case endi ng thi~~g~%!They are in one pdf , and not in order.They may have a watermark
on it from the software I was using. I was having troubl e saving them to individual pdfs and
arranging them in order. I can try again if you pref er. This is a lengthy process though.
You did not ask for the document s I submitt ed as part of Yale's process, so they are not
included. Please let me know if you want those, too.
Thank ou,
(b )(6),(b )(7)(C)

 From:

To:
Subject:
Date:

Halper IYditb
RickerRuth; Pearthree
LouAnn
Genera l Question from Complainant in 01 -15- 2204, Yale University

l<b)(6) ,(b )(7)(C)

Hi, Ruth - Complai nant,.<b
_!_l<_5l_.(_
bl_
<7_l<C
_l______

I

__,!
is cons ider ing fili ng a lawsuit

o n M onday

against Yale in ho pes of o bta ining da mages. He has some genera l quest ions that I did n' t f eel enti rely
qua lified to answer.
5

Hi, LouAn n - Next, (~( ),(b)(?) wo uld like to hea r from you abou t his OCR compla int.
Many t han ks!
-Judy

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(b )(6) ,(b )(7) (C)

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 From:

Pea
rthree LouAnn

To:
Subj ect:
Date:

Hell

l<b )(6 ),(b )(7 )

I

OCR Case No. 01- 15-2204

l(b)(6 ),(b )(7 )(C)

(b )(6 ),(b )(7 )(C)

There has been no change since t he last t ime you and I spoke .
--LouAnn Pearthree

LouAnn Pearthree I Senior Civil Right s Attorne y
U.S. Depart men t of Ed ucation
Office for Civil Rights
5 Post Office Square, 3th Floor
Boston, Massachusetts 02109-3921
Direct: (617) 289-0138
Fax: 617-289-0150

LouAnn.Pearthree
@ed.gov

 From:

To:
Subject:
Date:

!(b)(6) ,(b)(7)(C)

I

Peart
hree LouA
nn
OCRInvestirat
iooand Inauirv

l(b)(6),(b)(7)(C)

Dear Ms. Pearthree,
I am writing to acknowledge receipt of OCR's recent letter regarding my complaint against
Yale and OCR's appro val in part and dismissal in part.
First of all, thank to your office for opening up the investigation. It is very apprec iated, even if
the process leading up to the approval was long and frustrating.
Second, I'd like to file an appeal on at least one of the dismissed claims. Can you advise me on
any procedure that?
Thank ou,
(b )(6),(b )(7)(C)

 1

Dear Ms. Pearthree,
Thank you for following up to my complaint.
With regard to your request:
(b )(6),(b )(7)(C)

ccusations and statements. These include

(bJ(5 J,(bJ(7 J(CJ

._ __
__, All of the above contain deliberate lies designed to construct her allegations . The
following is taken from my Opening Statement at the hearing, which the university
"accepted" but refused to let the panel read. Most of these allegations I was not informed of
until the factfinder's report came out and was thus not given an equal chance to respond to.
False Accusations
{b)(6),(b)(7)(C)

(b )(6),(b )(7)(C)

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 (b )(6),(b )(7)(C)

f'nntr

- •·

l(b)(6),(b)(7)(C) inn " -,,nrl

l'.,.." -,.I "'n"-

--===-------------I
l

J (b)(6),(b)(7)(C)

 20
(b )(6) ,(b )(7)(C)

Regarding the second issue:
2.
Concerning this statement <I would like to include this issue, which includes
the item mentioned in the report on page 7, in my complaint, as someone filing on
behalf of others .> Please state the issue/allegation you want included and explain
what you mean about filing on behalf of others? Who are the others? Finally, once
you have identified the issue/a llegat ion, please make sure that we understand why
you believe what happened is discrimination under Title IX.
This issue stems in part from Yale's Report of Complaints of Sexual Misconduct Brought

forward from January 1, 2015 through June 30, 2015:
http://provost.ya le.edu/sites/defau1Vfiles/files/July20 15 Report FINAL.pdf . This OCR
complaint is an extension of my complaint that Yale refused to consider my
countercomp laint in spite of the evidence I presented indicating the complainant lied in her
complaint.

From the report:

Yale
College
Student

Yale
College
Student

Other

Following adjudication of a complaint , the respondent alleged that the complainant made
false claims in filing the complaint. The UWC found no factual basis for the respondent' s
complaint and therefore did not accept jurisdiction.

 21

Yale
College
Student

Yale
College
Student

Original summa,y: A YC student alleged that another YC student engaged in sexual
activity without consent .
Sexual
assault

Update: This complaint was brought by the respondent following the adjudica tion of the
original co mplaint. The UWC found no factual basis for the respondent' s complaint and
therefore did not accept jurisdiction.

The first mention I can only assume refers to my countercomplaint.
report.
The second mention is found on page 7l(b)(5),(b)(?)(C)
(b)(6),(b)(7)(C)

It is on page 6 of the

I

In the first mention, what I assume is my case, Yale claims they did not accept jurisdiction
because the UWC found no factual basis for the complaint. As you can s ee from my
documentation above, this is impossible. The complainant indi s putably "made false claims
in filing the complaint."
There is also certainly more evidence in my countercomplaint that the compla inant lied
than the evidence the complainant provided in her compla int against me, which was zero.
The second mention in the report is relevant because I allege that Yale's claiming there was
"no factual basis" is Orwellian speak for Yale refusing to proceed with a countercomplaint
no matter what the evidence provided for the countercomplaint was. j<b)(6),(b)(?)(C)
(b)(6),(b)(7)(C)
(b)(6),(b)(7)(C)

I

l(b)(5),(b)(?)(C)

!This means Yale has an ongoing policy of

discrimination against respondents which precludes them from countercomp lain ing, thus
preventing respondents from getting a measure of justice in Yale's disciplinary system, and
thereby creating a hostile environment where complainants are encouraged to make false
allegations knowing there will be no repercussions for doing so.
It is important to realize that even if I had no evidence, Yale should still have allowed my
com laint to move forward . (b)(6),(b)(?)(C)
(b)(6),(b)(7)(C)
...............-ou ld not even provide a date for her comp laint , yet Yale still approved it to move
forward . Yale's double standard is not on ly that they do not apply this standard to

I

 22
(b)(6) ,(b)(7) (C)

~ ale claims even these higher standards of
evidence, indeed, even indisputabl e evidence, is not enough to approve a countercomplaint.

l<b)(6) ,(b)(7)(C)

I am complaining then, not only on behalf of myself, but on behalf of the respondent in the
second mention, and on behalf of all members of the Yale community who may be subject to
the ongoing Yale policy of discrimination against respondents.

I'd like to point out addit ionally that while Yale has a Women and Gender Studies
dep artment, a Women's Center, a Share resources for victims of sexual violence which are
overwhelmingly women, as the OCRitself acknowle dges in its Dear Colleague letter, it
provides no similar resources for men. I believe Title IX should require similar resources for
men, especia lly a Men's Center of similar r esources to a Women's Center. And if there is a
center for victims of sexual assault, there should be a center for victims of false rape
complaints. Otherwise the resources of accusers and those accused are not equal,
preventing men equal access to their educational opportunities. Please add th at to my
complaint.
Thank you,
l(b)(6) ,(b)(7)(C)

 1~~{6),(6)(()

From:

To:

Peart
hree LouAnn

Subject:
Date:

Re: case filed with OCR
!(b)(6),{b)(7)(C)

Dear Ms. Pearthree ,
I am attaching below the document s I have saved from the case, ordered b date (the
document s from (b)(6 ),(b)(7 )<C)
They are
attached from Google Drive; Gmai] would n't Jet me attach them separate ly as regular
attachments because they were over the data limit. Please let me know if you have any issues
accessing them.
There are three document s I sent to the university during the factfinding , dated
(b)(6),(b)

(b)(6),{b)(7)(C)

Thank you,
l(b)(6),{b)(7)(C)

Gmail - CONFIDENTIAL - following up on ...
[Fm(b)(6),(b)

l~

(7)(C)

Complaint .jpeg

~ Notice of Complaint.jpeg
•

l(b)(6),(b)(7)(C)

[liJ ~

Gmail - meeting .pdf

7
5
l<b)( ).(b)( )<C)

 IF-~

____

(b)(6),(b)(7)(C)
_. .pdf

Ila (6),

LetterT

-

Gmail • Letter.pdf

~

firj (b)(6),(b)(7)(C)

Li.;

FactFinderStatementFinal.pdf

fim (b)(6),(b)(7)(C)
Addendum _to_ FactFinder.pdf

[1111

[ij~ L,
I

Notice of Hearing ~

I ~~/(7) Fact-Finder's

ID[)

.docx

Report and Exhibits.pdf

OpeningStatement.docx

Notice of Panel Repo~

.docx

Panel Report (b)(5),(b)(?)(C)

1iJ ~

~

ouestionsFo (b)(5),(b)(?)(C)

pdf

docx

l pdf

(b)(6),(b)(7)(C)

l

t

l~ (b)(7)
Letter to ..._ ______
C

__.

ResponsetoDeanCooley .docx

Decision· Dean Cooley.pdf

Notice of Decision ~

pdf

Letter t~ (b)(6),(b)(7)(C)

i~

i pdf

Appeal.pdf

df

lrm~

Lllll~

L
(b)(6),(b)(7)(C)
ettertc

pdf

 [li!~~Lb
IExecutive Committee Complaint and Response...
-

~

(b)(6),(b)(7)(C)

!re...

lll lm;J excom Complaint.pdf
lii:ii~

t•

(6),

____

L
T (b)(6),(b)(7)(C)
etter ...._

_. .pdf

l l~ L

IGmail - Reply.pdf

Onr )(6),(b)(7)(C)
rearthree , LouAnn <Lo uann .Peart hree@ed.gov > wrote:
Hell (b)(6),(b)(7)(C)

I am wri ·
copy of the ori ginal submi ssion s ou ave to the Univ ersity fact
The hearing panel' s report dated (b)(6),(b)(7)(C)
reproduce s
finder in (b)(5),(b)(7)(C)
mo st, but not all, of your submi ss ion. I would like the file to be complet e as to what you
submitted.

Please feel free to rese nd me an email if I hav e miss ed that you did send the ori ginal to

OCR.

Sinc erely,
LouAnn Pearthree

LouAnn Pearthree

I Senior Civil Rights Attorney

U.S. Department of Education
Office for Civil Rights
5 Post Office Square, sth Floor

Boston, Massachusetts 02109-3921
Direct: (617)289-0138

 Fax: 51 
Lgu gdi . 

From:

To:
Cc:
Subject:
Date :

Pearthree
. LouAnn
Blue lacgue
ljne

l(b)(6 ) {b)(?)(C)

RE: Complainant I nquiry - Yale 01-15-2204

'-· -------~

Eyans. Keiseena; Halpe
r. ludith; Montalvo Ralp
h

I

l(b )(6),(b )(7)(C)

'

I spoke with him. All good. Thank you !

From:

Sent:

s;~e,
la~au:ioe

I

l<bH~ .(b)(7){C)

T o: Pear

ree, ou nn
l(b)(6) (b)(7)(C)
Cc: Evans, Keiseena; Halper, Jud ith; Montalvo, Ralph;
·
Subject: Complainant Inqu iry - Yale 01-15-2204
....._
________
Importance: High

~

Ms. LouAnn,
Please contac (bl(5),{b)(?)(C) I understand there are some documents due to you,
however he needs to discuss this matter urgently. Therefore, he is seeking a return call. His
number j~ (b)(6),(b)(7)(C)

I

Thx,
jacq ueline blue
Program Support Clerk
Office for Civil Rights, Boston Office
US Depatt ment of Education
sth Floor
5 Post Office Square
Boston, MA 02109-3921
617-289-0111
OCR is committed to providing the public , including students, parents, educators, representatives of
school districts, colleges , and universities, and other interested persons , with information about the
civil rights laws OCR enforces. In responding to correspondence , OCR provides customers with
general, publicl y-available information about a wide variety of civil rights issues in the education
context . However, OCR does not provide legal or other advice or issue advisory opinions to
customers concerning specific factual scenarios. Corresponden ce issued by OCR in response to an
inquiry from the public does not constitute a formal statement of OCR policy and should not be
construed as creating or articulating new policy. OCR'sfonnal policy statements are approved by a
duly authori zed OCR official and made available to the public.

 (b)(6),(b)(7)(C)

From:

To:
Cc:
Subject:
Date:

Blue 1acgue1;ne
Pearthree. LouAnn; Eyans Keiseena; Halper (udith; Montalvo Ralph
Re: ComplainantInquiry - Yale01-15-2204

I

!(b)(6),(b)(7)(C)

Dear Ms. Blue,
Thank you for sending this email. Please confirm that the deadline for waiver and document
submission will be extended ~ending Ms. Pearthree's reply to my original query dated@~~1<6>
5>.<0 rj
The current deadline in!~~,<

!

~OU

,

IBlue, Jacqueline <Jacqueljne.Blue@ed.gov> wrote:

On j<b)(6),(b)(7)(C)
Ms. LouAnn,

Please contact (b)(5),(b)(7)(C) I understand there are some documents due to you,
however he needs to discuss this matter urgently. Therefore, he is seeking a return ca11. His
number is!(b)(5),(b)(7)(C)

I

Thx,

jacqueline blue
Program Support Clerk
Office for Civil Rights, Boston Office

US Department of Education
3th

Floor

5 Post Office Square
Boston, MA 02109-3921
6 17-289-0 111

OCR is committed to providing the public, including students, parents, educators,
representatives of school districts, colleges, and universities, and other interested persons,
with information about the civil rights laws OCR enforces. In responding to

 correspondence, OCR provides customers with general, publicly-available information
about a wide variety of civil rights issues in the education context. However, OCR does not
provide legal or other advice or issue advisory opinions to customers concerning specific
factual scenarios. Correspondence issued by OCR in response to an inquiry from the public
does not constitute a formal statement of OCR policy and should not be construed as
creating or articulating new policy. OCR' s formal policy statements are approved by a duly
authorized OCR official and made available to the public .

 From:

To:
Cc:

Subject:
Date :

RE: FW: OCR Complaint No. 01-15-2204
l(b)(6),(b)(7)(C)

Dea (b)(6),(b)(7)(C)

We are still evaluating your case, includ ing the reasons you gave for requesting a waiver. We have
questions about your email below. Please tell us the fol lowing:
(b)(6),(b)(7)(C)

1.

2.

Concern ing this statement <I would like to include this issue, which includes the item
mentioned in the report on page 7, in my complaint, as someone fi ling on behalf of others.>
Please state the issue/allegation you want included and explain what you mean about f iling
on behalf of others? Who are the others? Finally, once you have identified the
issue/allegation, please make sure that we understand why you believe what happened is
discrimination under Title IX.

Thank you for your assistance,
LouAnn Pearthree

Dear Ms. Pearthree,
I am writing to follow up on the status of my complaint.
I would also like to bring to your attention an item in Yale's biannua l report on sexual
misconduct that I believe warrants attention in a similar manner to my complaint.
On the bottom of page 7 on their

mostrecentreportYale says:

Original summary: A YC student alleged that another YC stude nt engaged in sexua l
activity without consent.
Upd ate: This complaint was brought by the respo ndent following the adjudication of the

 original complaint. The UWC found no factua l basi s for the respondent's complaint and
therefore did not accept jurisdiction.
This language parallel s the language they used to report my complaint which said, (page 6):
Following adjudi cation of a complaint , the respond ent alleg ed that the complainant made false cla ims in filin g the
complaint. The UWC found no factual basi s for the res pondent' s compl aint and therefo re did not accept ju risdiction .

Their reason for declining to investigate the respondent' s claim , I maintain , is an on1win2:
policy (which does not require a waiver) that discriminates again st respondentsl~ ,<6 ),(b)(?) I

I

rb) (6),(b)(7)(C)

(b)(6),(b)(7)(C)

I would like to include this issue, which includes the item mentioned in the report on page 7,
in my complaint, as someone filing on behalf of others .
Sincerely ,
(b )(6),(b )(7)(C)

Onr

)(6),(b)(7)(C)

rearthree, LouAnn <Louann .Pearthree@ed.gov > wrote:

Dea 1\DJCUJ
,\D){I)(CJ

We are still evaluating your case, includ ing the reasons you gave for requesting a wa iver. If we
determ ine t hat your complaint will be investigated, we wi ll info rm you in w rit ing at the same time
t hat we inform t he university. We aim t o resolve comp laints wit hin 180 days.
Fro ~ (bX6),(bX7XC)

Se nt

To: Pearthre e, LouAnn
Subject: Re: FW: OCR Complaint No. 01-15-2204
Dear Ms. Pearthree ,
Is there any update on the status of the complaint? Do you have a timeline for how long
complaints take to be proce ssed?
Thank.you,

 On

(b)(6) ,(b)(7)(C)

earthree, LouAnn

<Louann.Pearthree@ed.gov
> wrote:

Dear (b)(6),(b)(7)(C)
We are consider ing you r allegat ions and your request fo r a waiver.
It is OCR policy not to dismiss a case fo r Jack of information w ithout giving the complainant the
opportunity to (a) know t he informat ion we consider is needed, and (b) an opportunity to
provide the info rmation.

--LouAnn Pearthree

_______________

F rom l<b)(6),(b)(7)(C)

Send

.._...,...

__,

To : Pearthree, LouAnn
Subject: Re: FW: OCR Complaint No. 01-15-2204

Dear Ms. Pearthree,
I am writing to follow up on my submission of emai l and university documents on (b)(5 ),(b)(7 )(C)
I would like to understand how the complaint will be processed moving forward . If now is the
time when OCR determines whether there is a basis to open an investigation, I am concerned
OCR needs more material to fully understand my comp laint, includin g the docum ents I
submitted as part of the university process. Please follow up with me to keep me up to date on
the OCR process.
(b )(6) ,(b )(7)(C )

Thank you,
l~~,(6) .(b)(7)

I

On (b)(6),{b)(7)(C)
D ea

earthree, LouAnn <Lou ann.Peart hre e@ed.gov > wrote:

(b)(6),(b)(7)(C )

Thank you for contacting me today . As you and I discussed,

•

Any alleged acts of discrimi nat ion or retal iat ion that you allege, and which occurred prior to
has not been fil ed t imely.

l(b)(6 ),(b)(?) (C )

•

!

You may request a time liness wa iver. You may ta ke unt i

wa iver.

7
5
(b)( ),(b)( )(C)

to request a t imeliness

 •

We discussed t he role of documentation in supporting a t imeliness waiver.

•

We discussed t he elements of a claim of retaliation.

• The documents t hat we need to understand your allegations are: lette rs or ema ils notifying you
of charges or no contact orders, decision letters and any data/ informat ion packets that were
provided to you during the hearing/investigation processes. These should be received by (b)(6),(b)(7)(C)
~
aswell .

------

• It is not t he case t hat if your complaint includes one act filed timely, your ent ire complaint is
conside red timely. Allegations involving discrete acts must individually be filed timely, based on t he
date of the alleged discriminatory act.
• For information about FERPAsee:
http://www2.ed.gov/po licy/gen/guid/fpco/fe rpa/students.html

Let me know if t here is anything e lse that you need .
--LouAnn Pearthree
From· (b)(6),(b)(7)(C)

Se

. (b)(6),(b)(7)(C)

TO : (b)(6),(b)(7)(C)
Cc: Pearthree, LouAnn

Subject : Re: OCRComplaintNo. 01-15-2204

Dear (b)(6),{b)(7)(C)
I am following up to my previous email. My understanding is that I have one week left to
submit relevant materia l. Reso lution of my previous queries would help me understand what I
am required to subm it to move forward with this complaint.
Th ank ou
(b)(6),(b)(7)(C)
On l<b)(6),{b)(7)(C)
Dear !<b)(6),(b)(7)(C)

Iwrote:

Thank you for your email.
When referring to retaliation, what is meant by "protected activity" ?

I would also like to know what documentat ion you want at this point for the complaints that
are timely.
As far as the waiver is concerned, I do intend to file a waiver. There are two questions I have
about this.
One, OCR states :

 OCR will generally take action only with respect to those comp laint allegations that
have been filed within 180 calendar days of the date of the last act of alleged
discrimination unless the complainant is granted a waiver. (emphasis mine)
The implication here is that only the last act alleged needs to be within the 180 day period.
Once the last act is within the 180 day timeline, all allegations will be within the timeliness
requirement. If all allegations needed to be in that 180 day period, OCR should substitute the
word "last" for "each" and say:
OCR will genera]ly take action only with respect to those comp laint allegations that
have been filed within 180 calendar days of the date of mmalleged discrimination
unless the comp lainant is granted a waiver. (emphasis mine)

If OCR means the latter by stating the former, it would be understandab le why someo ne like
myself reading this wou ld think that as long as I am within 180 days of the last act of
discrimination, I can still file for all acts of discrimination by the respondent. If OCR meant
the former, it needs to be more clear about this requirement ; the present language is clearly
misleading. I should not be held responsible for OCR's mistake.
Second, OCR says:
SECTION 106
(a) Continuing Policy or Practice Time ly allegat ions may include those where the
complainant alleges a continu ing discriminatory policy or practice. In evaluat ing
the complaint allega tions , OCR shall determine whether there is a continuing
discriminatory policy or practice .
What is the criteria for determining whether a policy is continuous?
Thank you,
(b)(6),(b)(7)(C)

} (b)(6) ,{b)(7)(C)

I

O
---~-------------------------l(b)(6) ,{b)(7)(C)

I

wrote:

Thank you for speaking with attorney LouAnn Pearthree and me earlier this week. As
discussed during our telephone call, we have a process for a complainant to request a waiver
of our timeliness requirements. The waiver process requires that the complainant notify OCR
of their desire to request a waiver, include an expla nation of reason(s) why they believe there
is cause for a waive r, and provide supporti ng documents . Additional information about our
timeliness requirements and the waiver determination circumstances are provided at the end of
this email.
5

7

(b-)(- )_,(b-)(Please submit any waiver request within two weeks (b~...

)_<c_)__

_.

In addition, please

 notify OCR if you do not wish to request a waiver. If a waiver is not requested or is requ ested
but not granted, untim ely allegations will be dismissed and you will be informed of this
decision.
During our telephone call, you also referenced a possible retaliation claim . To clarify our
previous conversat ion, the initial steps in a retaliatory claim, the com plainant must provide
information that:
(1)
The compla inant engaged in protected activity;
(2)
The complainant suffered a materially adverse actio n by the recipient; and
(3)
Th ere is a causal connection between the protected activity and the materially
adverse action.
Please feel free to respond with the infonnation to my attention via email/PDF at
{b)(6)
,(b)(7)(C)
; after this date please direct all informat ion to LouAnn
......
-...----......---.--------..,-J
eart ree at Lou nn.P · r re
.oov . You may fax it to the attentio n of LouAnn Pearthree
or myself at (617)289-0150 or mail it to the address in the signa ture block below. Please note
that if the office does not receive the above-re quested information within two weeks of the
date of this emai l (i.e. b~(b)(6),(b)(7)(C) it may result in one or more of your allegations being
dismi ssed.

l,

If you have any quest ions, please fee l free to contact OCR.
Sincere Regard s,
(b)(6),(b)(7)(C)

Timeliness Requirement
OCR will ge nerally take action only with respec t to those complaint allegations that have been
filed within 180 calendar days of the date of the last act of alleged discrimina tion unless the
complainant is gran ted a waiver. Timely allegations may include those where the
complainant alleges a continuing discriminatory policy or practice.

The Determination Whether a Waiver of the Timeliness Requirement Should be
Granted
The Office Director may grant a waiver of the 180-day filing requirement for good cause
shown, such as under any of the following circumstances:
(a) The complainant could not reasona bly be expected to know the act was discriminatory
within the 180-day period, and the comp laint allegation was filed within 60 days after the
comp lainant became aware of the alleged discrim ination (note that lack of previous awareness
of OCR or the civil rights laws enforced by OCR is not a basis for a waiver);
(b) The complainant was unable to file a comp laint because of incapacitatin g illness or other
incapac itating circumstances durin g the 180-day period, and the comp laint allegation was filed
within 60 days after the period of incapacitation ended;
(c) The comp lainant filed a complaint alleging the same discriminatory conduct within the

 180-day period with another federal, state, or local civil rights enforcement agency, or federal
or state court, and filed a complaint with OCR within 60 days after the other agency had
completed its investigation or, in the case of a court, reached a detennination, or the agency or
court notified the complainant that it would take no further action;
(d) The complainant filed, within the 180-day period , an internal grievance with a recipient of
federal financial assistance, or a due process hearing , alleging the same discriminatory conduct
that is the subjec t of the OCR complaint, and the complaint is filed no later than 60 days after
the internal grievance is concluded; or
(e) Unique circumstances generated by OCR 's action have adversely affected the complainant.

(b)( 5 ),(b)(?)(C)

Law Student Intern
U.S. Department of Education
Office for Civil Rights
5 Post Office Square, 8th Floor
Boston, Massachusetts 02 109-3921
Direct: (617)289-00 15
Fax: 6 17-289 -0 150

OCR is committed to providing the public. including students, parent s, educa10rs, representatives of school districts, colleges. and
universities. and other interested persons. with information about the civil rights laws OCR enforces. In responding to correspondence ,
OCR provides customers with genera l, publ icly-available information about a wide variety of civil rights issues in the education context.
However, OCR does not provide legal or other advice or issue advisory opin ions to customers concerning specific factua l scenarios.
Corre spondence issued by OCR in response to an inquiry from the public does not constitute a fonnal statement of OCR policy and
should not be construed as creating or ruticulating new policy. OCR' s formal policy statements are approved by a duly authorized OCR
officia l and made available to the public.

 l<b)(6),(b )(?) (C)

From:

To:
Cc:
Subject:
Date :
Attachments:

I

Pearthree LouAnn
1<~)(6)
.<b)(()

I

Re: FW: OCR Complaint No. 0 1-15-2204
!(b)(6),(b)(7)(C)
Reply to Ms. Pea
rthree1o 19.docx

Dear Ms. Pear three,
I am attaching a letter that addresses both of your queries. In regards to the first, I recount
several instances of false information in the complainant's allegations against me. I included
some other points of interest from my original opening stateme nt to the panel from where this
information is mostly drawn from.
I address your second query toward s the end of the letter.
Thank ou
(b )(6) ,(b )(7)(C )

On 1(b)(6),(b)(7)(C)

lPearthree, LouAnn <Louann .Pearthree@ed.go v> wrote:

5),(b)(()
Dea
d~~
,<

We are still evaluating your case, including the reasons yo u gave for req uesting a waiver. We have
questio ns about you r email below. Please t ell us the fo llow ing:
(b)(6),(b)(7)(C )

2.

Concerni ng th is stat ement <I woul d like to include th is issue, w hich includes t he it em

ment ioned in t he report on page 7, in my complaint, as someo ne f iling on behalf of others.>
Please stat e the issue/ allegat ion you want incl uded and explain w hat you mean about fil ing on
behalf of others ? Who are th e oth ers? Finally, once you have ident ifie d t he issue/al legatio n,
please make sure t hat we understand w hy you believe w hat happened is discriminatio n under
Titl e IX.

Thank you for your assistance,
LouAnn Peart hree

 Subject: Re: FW: OCR Complaint No. 01-15 -2204

(b)(6) ,(b)(7) (C)

Dear

I am writing to follow up on the status of my complaint.

I would also like to bring to your attention an item in Yale's biannual report on sexua l
misconduct that I believe warrants attention in a similar manner to my com plaint.

On the bottom of page 7 on their most recen t repor t Yale says :

Original summary : A YC student alleged that another YC student engaged in sexua l
activity without consent.
Update: Thi s complaint was brought by the respondent following the adjudication of
the original complaint. The UWC found no factual basis for the respondent's
complaint and therefore did not accept jmi sdiction.
Thi s language parallel s the language they used to report my comp laint which said, (page 6):
Following adjudication of a complaint, the respondent alleged that the complainant made false-claims in filing the
complaint . The UWC found no factual basis for the respondent's complaint and therefore did not accept
jurisdiction .

ale's claimin g they
rejected jurisdictio n becau se of lack of fact ual basis is unambiguously false . They claimed
they were not goi ng to hear m com laint because the had alread heard the case, and they
were not oino to rehear it. (b)(6) ,(b)(7) (C)
(b )(6),(b )(7)(C)

 (b)(6) ,{b)(7)(C)

....
l ________________
and ignored my claim in their findings.

IYale refused to accept all my evidence submitted,

I would like to include this issue, which includes the item mentioned in the report on page 7,
in my complaint, as someone filing on behalf of others.
Sincerely ,
(b )(6),(b )(7)(C)

Onr

)(6),(b )(7)(C)

Dear

!Pearthree , LouAnn <Louann.Pearth ree@ed .gov> wrote:

(b)(6),(b)(7)(C)

We are sti ll evaluating your case, incl uding the reasons yo u gave for requesting a wa iver. If we
det ermine t hat your compla int wi ll be investigated, we w ill inform yo u in wri t ing at the same t ime
that we inform the university. We aim to resolve complai nts within 180 days.

~(b){6),(b)(7)(C)

From:
Sent: ;)(tl) ,(b)(l)(t)

To: Pearthre e, LouAnn
Subject: Re: FW: OCR Complaint No. 01-15 -2204

Dear Ms. Pearthree,

ls there any update on the status of the complaint ? Do you have a timeline for how long
complaints take to be proce ssed?

Thank you,
(b)(6),(b)(7)(C)

Q~ (b )(6),(b )(7)(C)

rearthree, LouAnn <Louann .Pearthree@e d.gov> wrote:

 (b)(6),(b)(7)(C)

Dea

We are considering your allegations and your request for a waiver.

It is OCR pol icy not to dismiss a case for lack of infor mation without giving the complainant
the opportun ity to (a) know the informa t ion we consider is needed, and (b) an oppor t unity
to provide the information .

--LouAnn Pearthree

From . (b)(6) ,(b)(7)(C)

Sent: (b)(6),(b)(7)(C)
To: Peart ree, ou nn

Subject: Re: FW: OCR Complaint No. 01-15-2204

Dear Ms. Peart hree,

5
I am writing to follow up on my submi ssion of emai l and university documents on !~~,<
),(b)(()
would like to understand how the complaint will be processed moving forward. If now
is the time when OCR determines whether there is a basis to open an investigat ion , I am
concerned OCR need s more material to fully understand my complaint, including the
documents I submitted as part of the university process . Plea se follow up with me to keep
me up to date on the OCR process .

!~g~~%
!

(b )(6),(b )(7)(C )

I
Thank you,
(b )(6) ,(b )(7)(C)

On l(b)(6),(b)(7)(C)

!Pearthree , LouAnn <Louann,Pear three@ed.gov > wrote :

!

 Dear

(b )(6),(b )(7)(C)

Thank you for contacting me today. As you and I discussed,

•

Any alleged acts of discrim inati on or reta liati on that you allege, and wh ich occurred prior to
!(b)(6) ,(b)(7)(C)
j has not been filed time ly.
•

You may request a t imeliness waiver. You may t ake until

5
(b)( ),(b)(? )(C)

t o request a

time liness wa iver.
•

We discussed t he role of docume ntat ion in suppo rti ng a t imel iness waiver.

•

We discussed t he elements of a claim of reta liation .

•

The documents t hat we need to understand yo ur allegations are: letters or emails not ifying

you of charges or no contact orders, decision lett ers and any data/info rmat ion packets t hat were

6l
provided to yo u duri ng th e hearing/ invest igat ion processes. These should be received by!~~~~~{
5),(b)(/j !as we ll.

!~~
,<
•

It is not the case t hat if your comp laint includes one act filed t imely, your entire comp laint is

considered t imely. Allegations involvi ng discrete acts must indiv idually be filed time ly, based on
the date of the alleged discrim inatory act.
•

For informatio n about FERPA see:

http ://www2,e d.gov/po 1icy/gen/g uid/fpco/ferpa/studen ts.htm l

Let me know if t here is anyth ing else t hat yo u need.

--LouAnn Pearthree

From· (b)(6),(b)(7)(C)
Se . (b)(6),(b)(7)(C )
To: (b)(6),(b)(7)(C)
Cc: Pearthree, LouAnn
Subject : Re: OCR Complaint No. 01-15- 2204

(b)(6),(b)(7)(C )

Dear

 I am following up to my previous email. My understanding is that I have one week left to
submit relevant material. Resolution of my previous querie s would help me understand what
I am required to submit to move forward with this complaint.

Thank you,
{b)(6),(b)(7)(C)

O ~ (b)(6),(b)(7)(C)

Dear

!wrote :

(b)(6),(b)(7)(C)

Thank you for your email.

When referring to retaliation, what is meant by "protected activity"?

I would also like to know what documentation you want at this point for the complaints that
are timely.

As far as the waiver is concerned, I do intend to file a waiver. There are two questions I have
about this.

One, OCR states:

OCR will generally take action only with respect to those complaint allegations that
have been filed within 180 calendar days of the date of the last act of alleged
discrimination unless the complainant is granted a waiver. (emphasis mine)
The implication here is that only the last act alleged needs to be within the 180 day period.
Once the last act is within the 180 day timeline , all allegations will be within the timeline ss
requirement. If all allegations needed to be in that 180 day period, OCR should substitute
the word "last" for "each" and say:

 OCR will generally take action only with respect to those complaint allegations that
alleged discrimination
have been filed within 180 calendar days of the date of e.a£.h.
unless the complainant is granted a waiver. (emphasis mine)

If OCR means the latter by stating the former, it would be understandable why someone like
myself reading this would think that as long as I am within 180 days of the last act of
discrimination, I can still file for all acts of discrimination by the respondent. If OCR meant
the former, it needs to be more clear about this requirement; the present language is clearly
misleadi ng. l should not be held responsible for OCR's mistake .

Second, OCR says:

SECTION 106

(a) Continuing Policy or Practice Timely allegations may include those where
the complainant alleges a continuing discriminatory policy or practice. In
evaluating the complaint allegations, OCR shall determine whethe r there is a
continuing discriminatory policy or practice.

What is the criteria for determining whether a policy is continuous?

Thank you,
(b )(6) ,{b )(7)(C)

Onr

)(6),(b )(7)(C)

!wrote:

(b )(6) ,(b )(7)(C)

Thank you for speaking with attorney LouAnn Pearthree and me earlier this week. As
discussed during our telephone call, we have a process for a complainant to request a waiver
of our timeliness requirements. The waiver process requires that the complainant notify

 OCR of their desire to request a waiver, include an expla nation of reason(s) why they
believe there is cause for a waiver , and provide supporting documents. Additional
information about our timeliness requirements and the waiver determination circumstances
are provided at the end of this email.

b.

In addition,
Please submit any waiver request within two weeks ~(b)(5 ),(b)(7)(C)
please notify OCR if you do not wish to reque st a waiver. If a waiver is not requested or is
requested but not granted, untimely allegations will be dismissed and you will be informed
of this decision.

During our telephone call, you also referenced a possible retaliation claim. To clarify our
previous conversation, the initial steps in a retaliatory claim, the complainant must provide
information that:
(1)

The complainant engaged in protected activity;

(2)

The complainant suffered a materially adverse action by the recipient; and

(3)
There is a causal connection between the protected activity and the materially
adverse actio n.

Please feel free to respond with the information to my attention via emaiVPDF at
5
l<bl( ).(b)(?)(C)
after this date please direct all inform ation to LouAnn
Pearthree at LouAnn .Pea1three@ed .gov . You may fax it to the attention of LouAnn
Pearthree or myself at (617) 289-0150 or mail it to the address in the signature block below.
Please note that if the office does not receive the above -requested information with in two
, it may result in one or more of your
weeks of the date of this email (i.e. (b)(5),(b)(7l(C)
allegations being dismissed.

I

If you have any questions, please feel free to contact OCR.

Sincere Regards,

(b)(6) ,(b)(7)(C)

 TimelinessRequirement

OCR will generally take action only with respect to those complaint allegations that have
been filed within 180 calendar days of the date of the last act of alleged discrimination
unless the complainant is gra nted a waiver. Timely allegations may include those where the
complainant alleges a continuing discriminatory policy or practice.

TheDetermination
Whethera Waiverof theTimelinessReqJiirement
Shouldbe
Granted

The Office Director may grant a waiver of the 180-day filing requirement for good cause
shown , such as under any of the following circumstances:

(a) The complainant could not reasonably be expected to know the act was discriminatory
within the 180-day period , and the complaint allegation was filed within 60 days after the
complainant became aware of the alleged discrimination (note that lack of previous
awareness of OCR or the civil right s laws enforced by OCR is not a basis for a waiver);
(b) The complainant was unable to file a complaint because of incapacitating illness or other
incapacitating circumstances during the 180-day period, and the complaint allegation was
filed within 60 days after the period of incapacitatio n ended;

(c) The complainant filed a complaint alleging the same discriminatory conduct within the
180-day period with another federal, state, or local civil rights enforcement agency, or
federal or state court, and filed a complaint with OCR within 60 days after the other agency
had comp leted its investigation or, in the case of a court, reached a determination, or the
agency or court notified the complainant that it would take no further action;

(d) The complainant filed, within the 180-day period, an internal grievance with a recipient
of federal financial assistance, or a due process hearing, alleging the same discriminatory
conduct that is the subject of the OCR complaint, and the complaint is filed no later than 60
days after the internal grievance is concluded; or

(e) Unique circumstances generated by OCR's action have adverse ly affected the
complainant.

 (b)(6),(b)(7)(C)

Law Student Intern
U .S. Department of Education
Office for Civil Rights
5 Post Office Square, 8th Floor
Boston, Massac husetts 02109-3921
Direct: (617) 289-00 15

Fax: 6 17-289-0 150

OCR is committed to providing the public, including students, parents, educators, representatives of school districts, colleges, and
universities. and other interested persons, with information about the civil rights laws OCR enforces. In responding to
correspondence, OCR provides customers with general, publicly -avai lable information about a wide variety of civil rights issues in the
education context. However , OCR does not provide legal or other advice or issue advisory opinions to customers concerning specific
factual scenarios . Correspondence issued by OCR in response to an inquiry from the public does not consti tute a formal state ment of
OCR policy and should not be construed as creating or articulating new policy. OCR' s formal policy sta tements are approved by a
duly amhorized OCR officia l and made avai lable to the public.

 (b)(6),(b)(7)(C)

From:

Pea
rthree LouAnn

To:
Subj ect:
Date:
Attachments:

Re;FW·UniversityEmai
ls
!(b)(6),(b)(7)(C)
Gmail • meeting full.pdf

Dear Ms. Pearthree,
r 6).(bX7XC)

r

1

,.,,.,...
)(6
""'),.(b..,,
,,..)(7...
)(...,
C)------------------------------1

I am concerne d about this incident especially in light of recent goings on at Yale, and
concerning President Salovey's statements about Yale's commitment to freedom of speech,
including that Yale has never penalized a student for expressing free speech, as stated ~ and
~ - As this emai l shows, Yale has penalized students for non-han·assing or intimidating
speech.
Sincerely,
1~~;6).(6)(()

I

Qn
r

)(6),(b)(7)(C)

!

Pearthree, LouAnn <Louann.Pear three@ed.gov > wrote :

Thank you. Concern ing< I have proof that Yale with held a reporte d and acted upon incide nt

from their report, probably due to the negative optics such an incident would bring to the
university. In a December 2015 statement, it seems President Salovey claimed this event has
never occurred. I would like to know whether this breaching of their agreement with OCR is
subject to the 180 day limit, and, if it is, whether President Salovey's December public
denial of this incident brings this incident within the 180 day deadline. > I am not sure t hat
you are try ing to te ll me. But if yo u are saying that the University did not report accurate ly about
an incident of sexual misconduct, OCRwou ld be interested in hearing what you know in
connectio n w ith our monito ring of t he Universit y. When you get a moment, please summa rize
w hat yo u are alluding to .

Thanks,
LouAnn

 To: Pearthree, LouAnn
Subject: Re: FW: University Emails

Dear Ms. Pearthree,
(b)(6),(b)(7)(C)

I
There are many more documents associated with the case that I did not share with you in the
5
email. I only shared what I under stood you had specifically reque sted. If you
w,s o see any more of the document s, I can send them your way. I have since organized
them by date.

!~~\<
J~o;n
t

I do not have a copy of the original complaint I filed with OCR , so I am not sure what I sai d
initially in it. While I am aware of OCR' s 180 day deadline for complaints, I would like to
ask you about Yale's June 11 2012 voluntary resolution agreement with OCR mandating
Yale report all incidents of repmt ed sexua l misco nduct to the Yale community. I have proof
that Yale withheld a reported and acted upon incident from their repo1t, probably due to the
negative optics such an incident would bring to the univer sity. In a Dece mber 2015
statemen t, it seems Pre sident Salovey claimed this even t has never occurred. I would like to
know whether thi s breaching of their agreement with OCR is subject to the 180 day limit,
and, if it is, whether President Salovey's December public denial of this incident brings this
incident within the 180 day deadline.

Thank you for your attention,
(b)(6),(b)(7)(C)

Q~ (b)(6),(b)(7)(C)

IPearthree, LouAnn <Louann,Pearthree@ed.gov

> wrote:

Dearr )(6),(b)(7)(C)

I have looked carefully though everything you sent to get the file together , including the
attached PDF you put together for me, and the attached email (which itself has attachments)

 but I don't believe that I have a copy of anything from you that is a (b)(5),(b)(7)<C)
I need to see that please . .....
If""'
I......a_v_e_Illl
_ s_se.......
.,..1t-,
_
l<b)(6),(b)(7)(C)
please feel free to point it out to me. Otherwi se, please send it.

I

Thanks, LouAnn Pearthree

Lou Ann Pearthree

I Senior Civil Rights Attorney

U.S. Deparhnent of Education
Office for Civil Rights
5 Post Office Square, 3th Floor

Boston, Mas sachusett s 02109-3921
Direct: (617) 289-0138
Fax: 617-289-0150
LouAnn Pea r three@ed .gov

r

)(6),(b )(7) (C)

To : Pearthree, LouAnn
Subject : University Emails

Dear Ms. Pearthree,

I am attaching a P.df of email comm unication s between myself and the university with
They are in one pdf, and not in order .They may have a
regard to the case !<b)(5),(b)(7)<C)
watermark on it from the software I was using. I was having troubl e saving them to
individual pdf s and arranging them in order. I can try again if you prefer. Thi s is a lengthy
process though.

!.

You did not ask for the document s I subm itted as part of Yale's process , so they are not
included. Please let me know if you want those, too.

_,

 Thank you,
(b )(6),(b )(7)(C)

---------- Forwarded
wessa0 e ----------

l(b )(6),(b )(7)(C)

To: "Peartbree, LouAnn " <Louann.Pearthree@ed.gov
>
Cc:
l(b)(6),(b)(7)(C)

Subj ect: University Documents

 l(b)(6) ,(b)(7)(C)

From:

Pearthree
LouAnn
Be·FW·lJoiversitv
Emails

To:
Subject:
Date:

l(b)(6) ,(b)(7)(C)

Can you define what you mean by sexual misconduct?
(b )(6),(b )(7)(C)

The copy of the voluntary resolution agreement I have states, G, l,b:
notifications to the comm unity regarding ... records of inform al and formal complaints
processed under the University's Title IX grievance procedure(s).
My understanding of the agreement is that a record of any complaint processed under the
university Title IX procedures, whether formal or informal, should be reported to the
community. The documents I sent you should indicate that the university failed to report a
processed informal complaint. Please correct me if I am misunderstanding something.
Sincere! ,
(b )(6),(b )(7)(C)

r

oJ

(b)(6) ,(b)(7)(C)

l

Pearthree, LouAnn <Louann.Pearthree@ed.gov > wrote:

)(6) ,(b )(7)(C)

To: Pearthree , LouAnn
Subject: Re: FW: University Emails

Dear Ms. Pearthree ,
(b)(6),(b)(7)(C)

 (b)(6),(b)(7)(C)

I am concerned about this incident especially in light of recent goings on at Yale, and
concerning President Salovey's statem ents about Yale's commitment to freedom of speech,
includin g that Yale has never penalized a student for expressing free speech, as stated here
and ~ - As this emai l show s, Yale has penalized students for non-harrassing or
intimidatin g speech .

Sincerel y,
(b )(6),{b )(7)(C)

(b)(6),(b)(7)(C)

....
On
l__________

I

__, Pearthr ee, LouAnn <Louann.Pearthree@ed.gov> wrote:

Thank you . Concern ing< I have proof that Yale withheld a reported and acted upon incident

from their report, probably due to the negative optics such an incident would bring to the
university. In a December 2015 statement, it seems President Salo vey claimed this event has
never occurred. I would like to know whether this breaching of their agreeme nt with OCR is
subject to the 180 day limit, and, if it is, whether President Salovey's December public
denial of this incident brin gs this incident within the 180 day deadlin e.> I am not sure that
you are try ing to te ll me. But if yo u are saying that t he University did not report accurate ly about
an incident of sexual misconduct, OCRwo uld be interested in hearing what you know in
connect ion w ith our mon ito ring of t he Universit y. When you get a moment, please summa rize
w hat yo u are alluding to.

Thanks,
LouAnn

r )(6) ,(b)(7)(C)

To: Pearthree, LouAnn

 Subject:

Re: FW: University Emails

Dear Ms. Pearthree,
(b)(6)
,(b)(7)(C)

There are man more documents associated with the case that I did not share with you in the
(b)(6),(b)(7)(C)
I only shared what I understood you had specifically requested. If you
wish to see any more of the documents, I can send them your way. I have since organized
them by date.

I do not have a copy of the original complaint r filed with OCR, so I am not sure what I said
initially in it. While I am aware of OCR's 180 day deadline for complaints, I would like to
ask you about Yale's June 11 2012 voluntary resolution agreement with OCR mandating
Yale report all incidents of reported sexual misconduct to the Yale community. I have proof
that Yale withheld a reported and acted upon incident from their report, probably due to the
negative optics such an incident would bring to the university. In a December 2015
statement, it seems President Salovey claimed this event has never occurred. I would like to
know whether this breaching of their agreement with OCR is subject to the 180 day limit,
and , if it is, whether President Salovey's December public denial of this incident brings this
incident within the 180 day deadline.

Thank you for your attention,
(b)(6),(b)(7)(C)
I

Pearthree, LouAnn <Louann .Pearthree@ed.gov > wrote:

I have looked carefully though everything you sent to get the file together , including the
attached PDF you put together for me, and the attached email (which itself has attachments)
but I don't believe that I have a copy of anything from you that is !(b)(6),(b)(7)(C)

I

 II need to see that plea se . If I have missed it,

!(b)(6),(b)(7 )(C)

please feel free to point it out to me. Otherwise, please send it.

Thanks , LouAnn Pearthree

Lou Ann Pearthree

I Senior Civil Rights Attorney

U.S. Department of Education
Office for Civil Rights
5 Post Office Squar e, 8th Floor

Boston, Massachu setts 02109-3921
Direct: (617) 289-0138
Fax: 617-289-0150
LouAnn.Pearthree @ed .gov

r X6),(bX7
XC)
To : Pearthree, LouAnn
Subject: University Emails

Dear Ms. Pearthree ,

I am attac hin a df of email communication s between myself and the univ ersity with
regard t (b)(6),(b)(7)(C)
They are in one pdf, and not in order.Th ey may have a
watermark on it from the software I was using. I was having trouble saving them to
individual pdfs and arranging them in order. I can try again if you prefer. Thi s is a lengthy
process though.

You did not ask for the documents I submitted as part of Yale's process, so they are not
included. Please let me know if you want those, too.

 Thank you,
(b )(6),(b )(7)(C)

---------- Forwarded messa e ---------From: (b)(6),(b)(7)(C)
To: "Peart ree, LouAnn <""""'o""'
u...,
n_...
n...._
.P
.......,.........,.="'-""'"""""'-"-1:!o..,.o'-'-v
>
Cc:
(b)(6),(b)(7)(C)
Date: _
Subjec._t_: --un-1-v-er-s....
1t_y_D_
o_c_u_m
_en_t_s____
___.

l

 l(b)(6),(b)(7)(C)

From:

To:

Pearthree
LouAnn

Subject:
Date :

Re: FW: University Emails

l(b)(6),(b )(7)(C)

I'm confused: I don't understand what is a violation of Title IX.
(b)(6),(b)(7)(C)

On !(b)(6),(b)(7)(C)

!Pearthree, LouAnn <Louann.Pearthree@ed .gov> wrote:

(b)(6),(b)(7)(C)

5
),(b)(?)
As for report ing t o OCR, I wil l pass onto t he persons mo nito ring the agreeme nt about ~~)(

6l !They wil l assessw het her t hat is relevant to t he mo nito ring.
l!~/!~/

Yale University
Rt•porr oj C,>mJJloilitsof Sr..'Wft!f.lf.ff1md11cr
Bro119/rl/orwr1rtl {rom Jcuurnry 1, 2015 t/mJ1191t/mw .W, 2015

From

Sent:

_______________

=1(b)(6),(b)(7)(C)

._

To: Pearthre e, LouAnn
Subject: Re: FW: University Emails

__.

 Can you define what you mean by sexual misconduct?

(b )(6),(b )(7)(C )

The copy of the voluntary resolution agreement I have states , G, l ,b:

notifications to the community regarding ... records of informal and formal complaints
proces sed under the Univer sity's Title IX grievance procedure(s).

My understanding of the agreement is that a record of any complaint processed under the
university Title IX procedures , whether formal or informal , should be reported to the
community . The document s I sent you should indicate that the university failed to report a
processed informal complaint. Please correct me if I am misunderstanding something.

Sincerely,
(b )(6),(b )(7)(C )

On l(b)(6),(b)(7)(C )

~ Pearthree, LouAnn

To: Pearthree, LouAnn
Subject: Re: FW: University Emai ls

<Louann.Pearthree@ed .gov> wrote:

 Dear Ms. Pearthree,
(b )(6),(b )(7)(C)

I

(b)(6),(b)(7)(C)

I am concerned about this incident especially in light of recent goings on at Yale, and
concerning President Salovey's statements about Yale's commitment to freedom of speech,
including that Yale has never penalized a student for expressing free speech, as stated here
and here . As this email shows, Ya le has penalized students for non-harrassi ng or
intimidating speech.

Sincerely,
(b)(6) ,(b)(7) (C)

On l(b)(6),(b)(7)(C)

l

Pearthree, LouAnn <Louann .Pearthree@e d. gov> wrote:

Thank you. Concern ing< I have proof that Yale withheld a reported and acted upon incident

from their report, probably due to the negative optics such an incident wou ld br ing to the
university . In a December 2015 statement , it seems President Salovey claimed this event has
never occurred. I would like to know whether this breaching of their agreement with OCR is
subj ect to the 180 day limit , and, if it is, whether President Salovey 's December public
denial of this incident brings this incident within the 180 day deadline. > I am not sure t hat
you are try ing to te ll me. But if yo u are saying that the University did not report accurate ly about
an incident of sexual misconduct, OCRwo uld be interested in hearing what you know in
connectio n w ith our mon ito ring of t he Universit y. When you get a moment, please summa rize
w hat yo u are alluding t o.

Thanks,

 LouAnn

r

)(6 ),(b )(7)(C )

To: Pearthree, LouAnn
Subject : Re: FW: University Emails

Dear Ms. Pearthree ,

(b) (6 ),(b )(7) (C)

I
There are many more documents associated with the case that I did not share with you in the

5~bRn fmail. I only shared what I understood you had specifically requested. If you
!~~,<

w1s to see any more of the document s, l can send them your way. f have since organized
them by date.

I do not have a copy of the original complaint I filed with OCR, so I am not sure what I said
initially in it. Whi le I am aware of OCR's 180 day deadline for complaint s, I would like to
ask you about Yale's June 11 2012 voluntary resolution agreemen t with OCR mandating
Yale report all incident s of reported sexual misconduct to the Yale community . I have proof
that Yale withheld a reported and acted upon incident from their report, probably due to the
negative optics such an incident would brin g to the univer sity. In a December 2015
statement, it seems President Salovey claim ed this event has never occurr ed. I would like to
know whether this breaching of their agreement with OCR is subject to the 180 day limit,
and , if it is, whether President Salovey' s December public denial of this incident brings this
incident within the 180 day deadline.

Thank you for your attention,
(b )(6 ),(b )(7)(C)

 Onr) (6),(b)(7)(C)
Dear

IPearthree , LouAnn < Loua nn .Pearthree@e d. gov > wrote:

(b)(6),(b)(7)(C)

I have looked carefully though everything you sent to get the file together, including the
attached PDF you put together for me, and the attached email (which itself has attachments)
but I don 't believe that I have a co
of an thing from you that is!(b)(6),(b)(7)(C)
(b)(6),(b)(7)(C)
I need to see that please. If I have missed it,
please feel free to point it out to me. Otherwise, please se nd it.

Thanks, LouAnn Peartbree

LouAnn Pearthree

I Senior Civil Rights Attorney

U.S. Department of Education
Office for Civil Rights
5 Post Office Square, 8 111Floor
Boston, Massachusetts 02109-3921
Direct: (617) 289-0138
Fax: 617-289
-0150
LouAnn.Pearthree @ed .gov

r )(6),(b)(7)(C)
To: Pearthree, LouAnn
Subject: University Emails

Dear Ms. Pearthree ,

I am attaching a pdf of emai l communications between myself and the uni ve rsity wit h

regard to the cas e!<bl(5).(b)(7)(C)
!They are in one pdf, and not in order.They may have a
watermark on it from the software I was using. I was having trouble saving them to

I

 individual pdfs and arranging them in order. I can try again if you prefer. Thi s is a lengthy
process thou gh.

You did not ask for the documents I submitted as part of Yale's proce ss, so they are not
included. Please let me know if you want those, too.

Thank you,
(b)(6) ,{b)(7)(C)

r X6).(bX7XC)
1

To : "Pearthree , LouAnn " <Louann .Pearth ree@ed .gov>

Cc:
l(b
)(6) ,{b )(7)(C)
Subject: University Documents

 (b )(6),(b )(7)(C)

From:

To:
Subj ect:
Date:

Pearthree
LouA
nn
Re;FW·UniversityEmai
ls
l(b)(6) ,(b)(7)(C)

Dear Ms. Pearthree,
Can you confirm whether or not filing a complaint with OCR tolls the statute of limitations for
lawsuits against respondents?

On

r

)(6),(b )(7)(C)

!Pearthree, LouAnn

<Louann.Pearthree@ed.gov
> wrote:

(b)(6),(b)(7)(C)

As for your question about whe th er this alleged omission violates t he agreement w it h OCR,giving
my opinio n about t he mon ito ring agreement in anot her person's case is not part of my role. I am
charged with determin ing w hether the current case yo u filed should be opened or not. That being
said, I can and w ill let the person handling the mon itoring know about your information . If the
informatio n is helpf ul or relevant, and she wou ld like to know more about it, she wil l call you.

Here is general informat ion about the requirements of Title IX in cases involving sexual
harassment, which is the underlying subject matter in the case you filed with us.

Tit le IX, and its implementing regulatio ns, pro hibit a recipient from treating individuals diff ere ntly
or denyi ng or limiting benefits to ind ividua ls on t he basis of th eir sex. This regulatory prohibition
applies to all aspects of educatio n prog rams or act ivities operated by recipients of Federal fina ncial
assistance, including discrimination in any of an instit ut ion' s academic, extracurric ular, research or
other education programs or activities. Although the Tit le IX regulations do not explicitly
ref erence sexual harassment , it is we ll settled t hat the general prohib itio ns against sex
discrimination conta ined in the regulations protect st udents from sexual harassment. And this
also applies to situatio ns where a student sexual harasses another student.
What is sexual harassment? Sexual harassment is unwe lcome conduct of a sexual nature. It can

include unwe lcome sexual advances, req uests fo r sexual favors, and oth er verbal, nonverbal, or
physical conduct of a sexual nature. The conduct must deny or lim it a student's ability t o

 participate in, or benefit from, the school's program. A school violates a student's rights under
Title IX when the following conditions are met: (1) the alleged conduct is sufficiently serious to
limit or deny a student's ability to participate in or benefit from the school's educat ional program,
i.e. creates a hostile environment; and (2) the school, upon notice, fails to take prompt and
effective steps reasonably calculated to end the sexual violence, eliminate the hostile
environment, prevent its recurrence, and, as appropriate, remedy its effects.

What is sexual violence? Sexual vio lence is a severe form of sexual harassment, severe that a

single rape can create a hosti le environment for the victim. Sexual vio lence, as that term is used
by OCR,refers to physical sexual acts perpetrated against a person's wil l or where a person is
incapable of giving consent (e.g., due to the student's age or use of drugs or alcohol, or because
an inte llectua l or other disability prevents the student from having the capacity to give consent). A
number of different acts fall into the category of sexual vio lence, including rape, sexual assault,
sexual battery, sexual abuse, and sexual coercion. All such acts of sexual violence are forms of sex
discrimination prohibited by Tit le IX. Please note that many universities prefer to use the term
"sexual misconduct" in their pol icies, but OCRdoes not generally use that term. That is why I
stated that to understand what the University mean by "sexual misconduct," you would need to
refer to its policies.

What are a school's basic responsibilities to address student-on-student sexual violence ?

When a school knows or reasonably should know of possible sexual violence, it must take
immed iate and appropriate steps to investigate or otherw ise determine what occurred subject to
the confidentia lity provisions that OCReither permits or encourages. Therefore, investigating a
claim of sexual harassment does not vio late Title IX. You should be aware that failing to
investigate a claim could violate Title IX.

From: (b)(6) ,(b)(7)(C)
Sent: (b)(6),(b)(7)(C)

To: Pearthree , LouAnn
Subject: Re: FW: University Email s

Thank you. Can you also verify whether the omission in the report is a violation of the vo luntary
resolution agreement, and/or put me touch with your colleague who oversees the agreement?

Sincerely,

 (b)(6),(b)(7)(C)

On Mon, Jan 11, 2016 at 8:20 AM, Peart hree, LouAnn <Louann.Pearth ree@ed .gov> wro t e:
Good morning. I wil l prov ide yo u w ith defi nit ions later today.

r X6),(bX7XC)

To: Pearthree, LouAnn
Subject : Re: FW: University Emails

I'm con f used: I don 't understand w hat is a violatio n of Tit le IX.
(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

IPearth ree, LouAnn <Louann.Peart hree@ed.gov> wrote:
(b)(6),(b)(7)(C)

 (b)(6),(b)(7)(C)

As for reporting to OCR, I will pass onto the persons monitoring the agreement abou
~~\~~?) They will assesswhether that is relevant to the monitoring.
....._
___

_,

Yale University
R1,1wr1c,f ComfJl<iinb 1)( Sex11flfl',ffan,11rlt,rt
Bro1191H/11nw1rdfrom /t11111ary1, 2015 thro11r1II/1111e
30 , 2015

r X6),(bX7XC)

To: Pearthree, LouAnn
Subject : Re: FW: University Emails

Can you define what you mean by sexual misconduct?

(b )(6),(b )(? )(C)

The copy of the voluntary resolutio n agreement I have states, G,1,b:

notifications to the community regarding ... records of info rmal and formal complaints
processed under the University's Title IX grievance procedure(s) .

My understanding of the agreement is that a record of any complaint processed under the
univers ity Title IX procedures, whether formal or informa l, should be reported to the community.
The documents I sent you should ind icate that the university failed to report a processed informal
complaint. Please correct me if I am misunderstanding something.

 Sincere ly,

D
On r )(6),(b)(7)(C)

I

Pearthre e, Lo uAnn <Loua nn.Pearthr ee @ed .gov> wrote:

l(bX6),(bX7XC)

To: Pear th ree, LouAnn

Subject: Re: FW: Unive rsit y Emails

Dear Ms. Pearthree,

(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

I am co ncerned about t his incident espec ially in light of rece nt goings on at Yale, and concerning
Presiden t Salovey 's statemen t s about Yale's commitme nt to fr eedo m of speech, includi ng t hat
Yale has neve r penalized a st uden t fo r expre ssing free speec h, as st at ed here and he re. As t his
ema il shows, Yale has pena lized stu de nts fo r no n-harrass ing or int im idat ing speec h .

 Sincerely,

LJ
{bX6),(bX7XC)

I

l

~earthree, LouAnn <Louann.Pearthree @ed.gov> wrote:

....
------------

Thank you . Concerning< I have proof that Yale withheld a reported and acted upon incident from
their report, probably due to the negative optics such an incident would bring to the university. In
a December 2015 statement, it seems President Salovey claimed this event has never occurred. I
would like to know whether this breaching of their agreement with OCRis subject to the 180 day
limit, and, if it is, whether President Salovey's December public denial of this incident brings this
incident within the 180 day deadline.> I am not sure that you are trying to tell me. But if you are
saying that the University did not report accurately about an incident of sexual misconduct, OCR
would be interested in hearing what you know in connection with our monitoring of the
University. When you get a moment, please summarize what you are alluding to.

Thanks,
LouAnn

r X6),(bX7XC)

,,
To: Pearthree, LouAnn

Subject : Re: FW: University Emails

Dear Ms. Pearthree,
(b)(6),{b)(7)(C)

 There are many more documents associated with the case that I did not share with you in the 18
(b)(5),(b)(?)(C)
I only shared what I understood you had specifica lly requested. If you wis h to see
any more of the documents, I can send them your way. I have since organized them by date.

I do not have a copy of the origina l complaint I fi led with OCR, so I am not sure what I said init ially
in it. While I am aware of OCR's180 day dead line for complaints, I wou ld like to ask you about
Yale's June 11 2012 vo lunt ary resolut ion agreemen t w ith OCR mandating Yale repor t all incidents
of reported sexual misconduct to the Yale community. I have proof t hat Yale withheld a reported
and acted upon incident from their report, probab ly due to the negative optics such an incident
would bring to the university. In a December 2015 statement, it seems President Salovey claimed
this event has never occurred. I would like to know whethe r t his breach ing of thei r agreement
w ith OCR is subject to the 180 day limit, and, if it is, whether President Salovey's December public
denia l of this incident brings this incident within the 180 day deadline.

Thank you for your attention,
(b)(6),(b)(7)(C)

I

Onl(b)(6),(b)(7)(C)

Pearthree, LouAnn <Louann.Pearthr ee@ed .gov> wrote:

(b)(6),(b)(7)(C)
Dea

I have looked carefu lly though everything you sent to get the fi le together, includ ing the attached
PDFyou put together for me, and the attached ema il (wh ich itself has attachments) but I don't
believe that I have a copy of anything from you that is a!(b)(5),(b)(7)(C)

l

llneed to see that please. If I have missed it, please fee l free to poi nt

!(b)(6),(b)(7)(C)

it out to me. Otherw ise, please send it.

Thanks, LouAnn Pearthree

LouAnn Pearthree

I Senio r Civil Rights Attorney

U.S. Department of Education
Office for Civil Rights

 5 Post Office Square, 3th Floor
Boston, Massachusetts 02109 -392 1
Direct: 1617) 289-0138
Fax: 617-289-0150
LouAnn.Pearthree@ed.gov

To: Pear th ree, LouAnn
Subject: University Emails

Dear Ms. Pearthree,

I am att aching a pdf of emai l communications
the !(b)(6),(b)(7)(C)

between myse lf and the university wi t h regard to

IThey are in one pdf, and not in order .They may have a watermark

on it

from the software I was using. I was hav ing troub le saving them to ind ividual pdfs and arranging
them in order. I can try again if you prefer . Th is is a leng t hy process though.

You did not ask for t he documents I sub m itted as part of Yale's process, so they are not included.
Please let me know if you wa nt t hose, too.

Th ank you,
(b)(6),(b)(7)(C)

---------- Forwarded message ---------r )(6),(b)(7)(C)

 To: "Peart hree, LouAnn " <Louann .Pearthree@ed.gov>
Cc:
l(b)(6),(b)(7)(C)

Subject: University Documents

 (b )(6),(b )(7)(C)

From:

To:
Subject:
Date:
Attachments:

Peart
hree LouAnn
Re;FW· University Emai
ls
!(b )(6),(b )(7)(C)

~4-.-.--

4 lli Comruall.!
·
4 16-Lettert (b )(6),(b )(7)(

s 06 ExComComplaint pd{

rulf

Dear Ms. Pearthree,
(b)(6),(b)(7)(C)

There are many mor e documents associated with the case that I did not share with you in the
7
5
<~< ),(b)( l
ema il. I only shared what I understood you had specificall y requested. If you wish
to see any more of the documents, I can send them your way. I have since organized them by
date.
I do not have a copy of the original comp laint I filed with OCR , so I am not sure what I said
initially in it. While I am aware of OCR 's 180 day deadline for com plaints, I wou ld like to ask
you about Yale's Jun e 11 2012 volunt ary reso lution agreement with OCR mandating Yale
report all incid ents of reported sexual misconduct to the Yale community. I have proof that
Yale withheld a reported and acted upon incident from their repo rt, probably due to the
negative optic s such an incident would bring to the university. In a December 2015 statement,
it seems President Salovey claim ed this event has never occuned. I woul d like to know
whether thi s breaching of their agreement with OCR is subject to the 180 day limit , and, if it
is, wheth er Preside nt Salovey's Decem ber publi c denial of this inciden t brings this incident
within the 180 day deadline.

Thank you for your attention,
(b )(6) ,(b )(7)
(C)

On l<b)(6),(b)(7)(C)

!Pearth ree, LouAnn <Louann .Peart hree@ed.gov > wrote:

(b)(6),(b)(7)(C)

Dea

I have looked carefully thou gh every thing you sent to get the file together, including the
attached PDF you put together for me, and the attached email (which itself has attachments
but I don't believe that I have a copy of anything from you that is a (b)( 6 ),(b)(7 )(C )
! I need to see that please.-...,.._ ....
a_v_e_nu
__s_se-- ....
1t-, -l<bl( 6 ),(bl (7 l(C)
please feel free to point it out to me. Otherw ise, please send it.

Th anks, LouAnn Pearthree

 LouAnn Pearthree I Senior Civil Rights Attorney
U.S. Deparhnent of Education
Office for Civil Rights
5 Post Office Square, 3th Floor
Boston, Massachusetts 02109-3921
Direct: (617)289-0138

Fax:617-289-0150

LouAnnPearthree@ed
gov

From·

(b)(6),(b)(7)(C)

Sent:rif(b::'ii
)('Ri6
)"71
,(b::'ii)
(7'7
)K
(C~)

---------,__.......1

To: Pearthree,
Subject:

LouAnn
University Emails

Dear Ms. Pearthree,

I am attachin a df of email communications between myself and the university with
regar (b)(6 ),(b)(? )(C)
They are in one pdf, and not in order.They may have a
watermark on it from the software I was using. I was having trouble saving them to
individual pdfs and arranging them in order. I can try again if you prefer. This is a lengthy
process though.

You did not ask for the documents I submitted as part of Yale's process, so they are not
included. Please let me know if you want those, too.

Thank you,
(b)(6),(b)(7)(C)

 ----------Forwarded
message---------From: l<b)(6),(b)(7)(C)

To: "Pearthree , LouAnn" <Louann .Pearth ree@ed.gov >
Cc:
Date (b)(6) ,(b)(7)(C)

Subject:

mvers1ty Documents

 From:

To:
Cc:
Subject:
Date :

!(b)(6) ,(b)(7)(C)

MilliganRyan
Pearthree. LouA
nn
Re: OCR Case No. 0 1-15-2204 Status Update
l(b)(6),(b)(7)(C)

Mr. Milligan,
Thank you very much for the notific ation.
Ms. Pearthree,
Do you know how long legal review should take?

(b )(6) ,(b )(7)(C)

This matter has entered legal review. LouAnn w ill keep you posted or fol low up w it h any req uests
fo r add itio nal informatio n.

Regards,

Ryan M illigan
Compliance Team Leader
U.S. Departme nt of Educat ion
Off ice for Civil Rights - Region I
5 Post Office Square, 3th Floor
Boston, MA 02109 -3921
Telepho ne: (617) 289-0189
Facsimile: (617) 289 -0150

Ryan,Milligan@ed.gov

 From·

Sent

(b)(6) ,(b)(7)(C)

(b)(6},(b)(7)(C)

To : Mi igan, Ryan
Cc: Pearthree, LouAnn
Subject: Re: OCR Case No. 01-15-2204 Status Update

Dear Mr. Milligan ,

Thank you for your note. I didn't hear from you today so I suppose the legal review got
delayed? Please keep me updated.

Thanks,
(b)(6),(b)(7)(C)

Onl(b)(6),(b )(7)(C)

l

_____

(b )(6),(b )(7)(C)

Dear.__

!Milligan, Ryan <Ryan.M illigan@ed.g ov> wrote:

_,

I'm sorry I missed you r calls th is wee k. Ms. Pearthree and I spent a significan t amount of t ime
review ing t he file and t he matter will ent er legal review on Mo nday. I wil l advise you on Monday
when t his occurs, but unfor tun ate ly w ill not be able to guarantee a date by w hich the review is
comple t e. However, eit her Ms. Pearth ree or I will cont inue keeping you posted on any progress,
or wi ll contac t you wit h any fo llow -up quest ions.

Thank you for your pat ience, and have a good weekend.

Regards,

Ryan M illigan
Compliance Team Leader
U.S. Department of Education
Off ice for Civil Rights - Region I

 5 Post Offi ce Square, 3th Floo r
Bosto n, MA 02 109 -3921
Telepho ne : (617) 289-0189
Facsimil e : (617) 289-0 150
Ryan.Mill igan @ed.gov

To: Peart ree, ou nn
Cc: Milligan, Ryan
Subject : Re: OCR Case No. 01-15-2204 Status Update

Dear Ms. Pearthree,

Thank you for your update. I intended to ask for an upd ate about OCR's compl eting the data
review and initiating a legal review of my compl aint. Do you know when this will happen?

Sincerely,
(b )(6),(b )(7)(C)

I
On !<b)(6),(b)(7)(C)

Hell

!Pearthree, LouAnn <Louann .Pearthree@ed.gov> wrote:

(b)(6),(b)(7)(C)

Yes, t his off ice responded to Senator Schumer's co nst it uent inqui ry made on your be half.

LouAnn Pearthree

I Senior

Civil Rights Attorney

U.S. Depar hn ent of Education

 Office for Civil Rights
5 Post Office Square, 3th Floor

Boston, Massachusetts 02109-3921
Direct: (617)289-0138

Fax: 617-289-0150
LouAnn.Pearthree@ed.gov

nn

Subject: Re: OCR Case No. 01-15-2204 Status Update

Dear Mr. Milligan, Ms. Pearthree,

Thank you for following up to my last inquiry. Has there been any progress this week?

Thank you,
(b)(6),{b)(7)(C)

Onr

)(6),(b )(7)(C)

Dea

f earthree, LouAnn <Louann.Pearthree@ed.gov> wrote:

(b)(6) ,(b)(7)(C)

Ryan and I an opportunity to confer about your case. We antic ipate being able to complete our
review of the last data you submitted in mid June, and then being able to place the case under
legal review next week.

 LouAnn Pearthree

I Senior Civil Rights Attorney

U.S. Department of Education
Office for Civil Rights
5 Pos t Office Square, 8111Floor
Boston, Massachuse tts 02109-3921
Direct: (617)289-0138
Fax: 617-289-0150
LouAnn.Pearthree @ed .gov

From·

Send

To:
Cc:

l<b)(6),(b)(7)(C)
<b)(6),(b)(7)(C)

Milligan, Ryan
Pearthree,
LouAnn

Subject: Re: OCR Case No . 01 -15-2204 Statu s Update

Dear Mr. Milligan, Ms. Pearthree ,

Welcome back to the office , Ms. Pearthree.

Has there been any deve lopment this week on my complaint ?

Thank you ,
(b)(6),(b)(7)(C)

I
Qnl (b)(6),(b)(7)(C)
Dea ~(b)(6),(b)(7)(C)

jMi11i
gan, Ryan <Ryan.Milligan @ed.gov> wrote:

 My apologies for missing your calls yesterday and just moments ago. I'm o n my way out of the
off ice, but wanted to reach o ut to you before the weekend to adv ise t hat Ms. Pearthree returned
to the off ice th is week, so I will be discussing this mat ter wi t h Ms. Peart hree before t he any
proposed determination

undergoes legal rev iew. As your comp laint relates to the University's

response to a report of sexua l assault, OCR Headquarters will also need to rev iew any proposed
dete rmination prio r to issuance.

Thank you for your pat ience, and we' ll contin ue to keep you posted on the rev iew process.

Regards,

Ryan M illigan
Compliance Team Leader
U.S. Department of Education
Office for Civil Rights - Region I
5 Post Office Square, gth Floor
Boston, MA 02109-3921
Telepho ne:

1617}289-0189

Facsimile: {617) 289 -0150
Ryan.Mi ll igan @ed.gov

ase No. 01-15-2204 Status Update

 Dea~(b)(6),(b)(7)(C)

Thank you for your corr espondence and voicema il. OCR is considering the add it ional informat ion
you provi ded in t he evaluatio n of your comp laint , wh ich has req uired some addi t io nal analysis. I
am worki ng to exped ite the complet ion of t his process, and w ill keep you posted.

Regards,

Ryan M illigan
Compliance Team Leader

U.S. Departme nt of Education
Off ice for Civil Rights - Region I
5 Post Off ice Square, gt h Floor

Boston, MA 02109 -3921
Telepho ne: (617}289-0189
Facsimile: (617) 289 -0 150
Ryan .M ill igan @ed.gov

(b)(6),(b)(7)(C)
From
Sent.~(b~
)(~6
)~.(b~
)(~7~
)(C
~)~~~~~~~~--,1--~~---'

To: Milli gan, Ryan
Subject: Re: OCR Case No. 01-15-2204 Status Update

Dear Mr. Milli gan,

 l am following up to you!~J ,(b}ltJ bmail regardin!f"'
expectation to complete the legal
be one year since I filed my
review ?Y last week. Are there any updates? Thi~ ~ ~/ 6>
complamt.

Fill

Thank you,
(b)(6),(b)(7)(C)

On !(b)(6),(b)(7)(C)

Dear

!M illigan, Ryan <Ryan.Milli gan @ed.gov> wrote:

(b )(6) ,(b )(7)(C)

Thank you for your corr espondence. I ant icipate th e com pletio n of the legal review of your
compla int by t he end of next week. I w ill ema il yo u a scanned copy of the let ter advising whet her
any of you r allegat ions are approp riate for investigation as soon as it is issued.

Please f eel free to contact me with any questio ns or concerns in th e int erim.

Regards,

Ryan M illigan
Compliance Team Leader
U.S. Departme nt of Educat ion
Off ice for Civil Rights - Region I
5 Post Office Square, 3th Floor
Bost on, MA 02 109-3921
Telepho ne: (617) 289-0 189
Facsimile: (617) 289-0150
Ryan.Milligan@ed.gov

 From:t )(6),(b)(7)(C)

I

sent: 6)(6),(b)(l)(C)
To: Milligan, Ryan
Subject: Re: OCR Case No. 01-15-2204 Status Update

Dear Mr. Milligan,

Th ank you for your commitment to moving forward with my complaint. Have their been any
updates on this matter?

Thank you,
(b)(6),(b)(7)(C)

Qnl(b)(6)
,(b)(7)(C)

!Milligan, Ryan <Ryan.Milligan@ed.gov> wrote:

(b)(6),(b)(7)(C)
Dea1

Thank you for your call. I'd like to update you on the status of your complain t. I know
when we spoke severa l weeks ago, I indicated that we had hoped to issue a notification letter
to you by now indicating whether any allegations in your complaint are appropriate for
investigation. Unfortun ately, LouAnn Pearthree, the attome assi ned to the evaluation of
your complaint unexpectedly had to go on extended leave (b)(6),(b)(?)(C)
Due to acute
staffi ng shortage s in the region, I am personally completing the evaluation of your
complaint. I am reviewing all information submitted by you in suppor t of your complaint,
and all correspondence you had with Ms. Pearthree , and I plan on completing my review of
this matter by the end of the month. The notification letter will require further legal review ,
which may take some additional time, but completing the evaluation of this matter is a
priority to me and this office.

Please feel free to contact me with any additional questions or concerns in the interim.

Regards,

 Ryan Milligan
Compliance Team Leader
U .S. Departm ent of Education
Office for Civil Rights - Region I

5 Post Office Square, gth Floor
Boston, MA 02109 -3921
Telephone: (617) 289-0189
Facsimile: (617)289-0150
Ryan.Milligan@ed.go v

Sent from Gmail Mobile

Sent from Gmail Mobile

 From:

To:
Subject:
Date:

(b)(6),(b)(7)(C)

r

Pearthree
LouAnn
; MillieaoRyan
Re:OCRCase
No01-15-2204

)(6),(b)(7)(C)

Dear Ms. Pearthree,
Thank you for writing and for your attention to my concerns.
I am concerned about what seems to me to be a considerable discrepancy betwee n how my
complaint is being processed versus how other complaints that have been publiciz ed in the
past have been processed. According to the media J(b)(6),(b)(?)(C)
OCR
opened an investigation into FSU less than a month after the date of the filing. Using that as a
baseline, my case is taking more than 16 times as long as that case has, and, as of last time we
checked in, my complaint hasn't even been sent to the national board for review. Has OCR's
caseload increased so expone ntially? Have any cases filed with OCR after I filed been
authorized for investigation ?

I

As far as my interest in pursuing my complaint in other venues, the media also noted that OCR
continued their investigation into FSU even after the complainant in that case filed her civil
lawsuit. Has OCR policy changed since then? What prompt ed OCR' s decision in that case to
continue with their investigation despite a concun ent civil suit on the same set of claims?
It seems profoundly unjust, if I decide to file a civil suit, that I shou ld be penalized and have to
forfeit my OCR complaint because OCR has failed its duty to investigate my complaint in a
timely manner. Does OCR take no responsibility for this or accounting of this fact into their
deliberations on whether to suspend a complaint? Moreover, the optics would be that OCR is
using procrastination as a means to release itself from pursuing complaint s it doesn't want to
deal with.

If a school took this long to investigate a complaint made with the school, there is no doubt
that OCR would penalize the school for negligence. It seems odd to the extreme that OCR
would prosecute schools for not adhering to standards OCR itself does not adhere to. I have
put my education on hold , and am very dismayed that OCR has made me wait more than two
school application cycles , as of this writing , before eve n consider ing whether to move forward
with my complaint. I know OCR takes very serious ly what it considers students' right to
education, but yet OCR does not seem to care about mine.
I really am very gratefu l for the work you have put this far into investigating this matter, and I
apologize for my frustration, but I am very dismayed with how OCR is proceeding. Can you
guarantee that the timeline of my com plaint's processing is on par with the processing timeline
of other complaints before OCR, and that OCR will take responsibility for their tardiness and
will not use it as a means to release itself from investigating my complaint ? Are you able to
advise what information regarding my complaint and others curren tly before OCR I can
receive via a FOIA request?
I do want you to know that as I voice my frustration with OCR , I am also very grateful for
your assistance until now.
Thank you,

 (b)(6),(b)(7)(C)

Onl (b)(6),(b)(7)(C)

!wrote:

Hello agai~(b)(5),(b)(?)(C)

I'm sorry but I can't predict the timeli ne. I can assure you that as soon as I get clea rance to issue a
let ter to you, I will.

We remain commi t ted to t imely resolut ions wheneve r possible; it has just not been possib le wi t h
the caseload we have been exper ienci ng du rin g in t he time per iod of yo ur fi ling, and t he nee d fo r
review at t he nat ional level.

As we d iscussed in our last phone co nve rsat ion, if you file a case in civi l court, please notify me.

Sincere ly,

r

)(6),(b)(7)(C)

From :!<b)(6),(b)(7)(C)
send (b)(6),(b)(7)(C)
To: Pearthree, LouAnn
Subject: Re: OCR Case No. 01-15-2204

Dear Ms. Pearthree,

Thank you for respond ing. I am hopin g to receive some sort of timeline for a decision on
this complaint. When filing , and as was true of many other cases filed at the time , I was told
cases are usually reso lved within 6 months of filing . I know timelin ess is very important to
OCR as it was a requirement of the DCL that univer sities resolve complaints in a timely
manner.
It is now more than 16 months since I filed my complaint , and I have not yet been informed
whethe r my complaint will proceed. I have put my education on hold until this complaint is
resolved, and I need to know OCR' s decision so I can make decisions nec ess itated by time
constraints with regar ds to pursuin g the matter in other venues.

 In short , I need a timeline that OCR will hold itself to, and I need an assuran ce from OCR
that they are committ ed to pur suing resolution of my compl aint in a timely mann er.

On
r

)(6),(b )(? )(C)

~earthr ee, LouAnn <Louann.Pearthree@e d.gov> wrote :

Hello (b)(6),(b)(7)(C)

There has been no change since the last t ime you and I spoke .

-- LouAnn Pearthree

LouAnn Pearthree

I Senior Civil Rights Attorney

U.S. Department of Education
Office for Civil Rights
5 Post Office Square, 3th Floor
Boston, Massachusetts 02109-3921
Direct:

(617)289-0138

Fax:617-289-0150
LouAnnPearthree@ed gov

Sent from Gmail Mobile

 From:

To:
Subject:
Date:

l<b)(6),(b)(7)(C)

I

Peart
hree LouA
nn
RE:OCRInvestigation and Inquiry

!(b)(6),(b)(7)(C)

Dear Ms. Pearthree,
Thank you for your response. I would like to work with your office to proa ctively ensure there
is no overlapping of processes in any complaint I file in another venue. I also believe you
misunderstood my question about fraud. While I understand OCR is under the impressio n
fraud is not covered under Title IX , it is covered, however, under equality of process , which
was approved for investivation by your office. I would very much apprecia te speaking with
you about these issues over the phone.
Thank you,
(b)(6),(b)(7)(C)
O (b)(6),(b)(7)(C)

wrote:

Hello (b)(6),(b)(7)(C)

We will let you know if we decide to close your case because you filed a civilclaim. If we
administratively close the case, you will be informed that you may refile your complaint provided
you do so within 60 days of receiving a decision in your case.

Asfor an allegation you believe we missed, we do not have an appeal process for decisions made
during the evaluation period.

--LouAnn Pearthree
(b)(6),(b)(7)(C)
Sent: (b)(6)
,(b)(7)(C)
To: Peart ree, ou nn
Subject: Re: OCRInvestigationand Inquiry
From

Dear Ms. Pearthree,

I have not filed a civil comp laint against Yale on the specifi c allegations in the!(b)(5),(b)(?)(C)
!)~~)~/bl pro cess which precipitated the OCR investigation. I intend to keep matters under
OCR investigation excluded from any civil complaint I file in another forum.

 Given the complication of this matter and my desire to work with OCR to ensure there is no
overlapping of processes, as well as to be inform ed of the the OCR process, would you be
available to talk these issues through over the phone? There is a sepa rate issue concerning
the fraud allegation that I believe OCR has overlooked which I'd like to talk about as well.

Thank s and all the best,
(b )(6),(b )(7)
(C)

On l {b)(6),(b)(7)(C)

!wrote:
Hello (b)(6),(b)(7)(C)
I have been plann ing on contact ing yo u. Did yo u fi le a civi l complaint concern ing your treatme nt
by Yale? If so, wo uld you please provide me a copy of your comp laint ?
--LouAnn

F rom

(b)(6),(b)(7)(C)

Sent :""'
{b""'
)(""6
)'""'
,(b
...)("7)
"',(C
...,
....
)------------.J

To: Peart ree, ou nn
Subject : Re: OCR Investigation and Inquiry

Dear Ms. Pearthree,

Are there any updates on the investigation? Can you give me a timelin e of what to expect?

Thank you,
(b )(6),(b )(7)(C)

On r

)(6),{b)(7)(C)

_____

jPearthr ee, LouAnn <Louann .Pearthree@ed .gov> wrote :

(b )(6),(b )(7)(C)

Good mornin

__,

The sole appeal process off ered t o complai nants is applicab le only to situations where OCR

 opened an allegation, invest igated it, and the n issued (in a letter of fi ndings) an insufficient
evidence det erminatio n. In yo ur compla int, th is was a determ inat ion made--p re-i nvestigat ion--to
dismiss one or mo re allegatio ns. Dismissals are not an appealab le decision.

Sincerely,
LouAnn Pearthree

From· (b)(6),(b)(7)(C)

Sent:

(b)(6),(b)(7)(C)

To: Peart ree, ou nn
Subject: OCRInvestigation and Inquiry

Dear Ms. Pearthree ,

I am writing to acknowledge receipt of OCR's recent letter regarding my complaint against
Yale and OCR's approval in part and dismissal in part.

First of all, thank to your office for opening up the investigation . It is very appreciated , even
if the process leading up to the approval was long and frustrating.

Second , I'd like to file an appeal on at least one of the dismissed claims. Can you advise me
on any procedure that?

Thank you,
(b)(6),(b)(7)(C)

 From:

To:
Subject:
Date:

Good mo rni n~ (b)(5),(b)(?)(C)

The sole appeal process offe red to complaina nts is app licable o nly to sit uat ions where OCR opened
an allegatio n, investigated it, and then issued (in a letter of findi ngs) an insuffic ient evidence
determ inat ion. In yo ur complai nt, this was a determ inati on made --pre-investigatio n--to d ismiss one
or mo re allegatio ns. Dismissals are not an appealable d ecision.
Since rely,
LouAnn Peart hree

From: (b)(6),(b)(7)(C)

Sent: (b)(6),(b)(7)(C)
To: Pear ree, ou nn

Subject : OCR Investigation and Inquiry

Dear Ms. Pearthree ,
I am writing to acknowledge receipt of OCR's rece nt letter regardi ng my comp laint against
Yale and OCR's approval in part and dismissal in part.
First of all, thank to your office for opening up the investigation. It is very appreciated, even if
the process leading up to the approva l was long and frustrating.
Seco nd, I'd like to file an appeal on at least one of the dismissed claims. Can you advise me on
any procedure that?
Thank vou.

(b)(6),(b)(7)(C)

 l<blf6l
<b1I
etacmcee
I m1.t.n

From:
To:
Subj ett :
D;,tr.
Atta chments:

Dear Ms. Pearth.ree,
I am writing to better understand the next steps in this process. Arc you going to need the documents I submitted to the univcrsily as part of their process? I see them as essential to
understanding how evenls developed. wichout the university's spin on things. Are we going LO rnlk before any decisions are made moving forward'?
Is the pdf wilh the emails saLisfactory? I can give it anoLher attempt to save Lhem i n a more organized manne.rnow that I've le.arned so mewhat beuer how to go ahout it, but it will rnke
time.

rm·

on!(b) (6) ,(b)(7) (C)
Dea1(b)(6) .<b)

I

~carlhroe. LouAnn <I owum Praobn·e@rd "OY> wrote:

I have receivedthese emails. Thank you.

-r

)(6) ,(b )(7)(C)

Re: Waiver

e receipt of the waiver. em ails an d related unive rsity documents . They shou ld be in three sepa rate emails. .,___________

_......
~ ~~~i.i-11.1..1111"""
-------------------

.l.•rote:<end>

(b )(6) ,(b )(7) (C)

Unive,,. ity Ooc·uments

Univers ity Emails
Dear Ms. Pearth ree,
I am attaching a pdf of email comm unicat ions between myself and the unive rsity with regard
order.The may have a wate mia rk on it from the softwar e I was using. I was hav_,

.3

~ (b) (6 ),(b) (7)

From·I~)~)
Send{ f

tc:1/b
)/6) lb )17)/C)

Waiver

) (~~)~)
{ \( )

To: Peart ree, Lou nn
Subject: Re: Waiver

Please acknowlc:dge rec-eipt oflhe waiver. emails and related university documents. They should be in three separate emails,

Thank you.

l(b)(6),
o ,i (b) (6 ),(b) (7)(C)

I

wrote:

l'fh
eyare in o ne pdf, and not in

l(b)(6) ,(b )(7)(C)

__.

 From:

To:
Subject:
Date:

(b)(6),(b)(7)(C)

Peart
hree LouAnn
Re: Waiver
l(b)(6),(b)(7)(C)

Please acknowledge receip t of the waiver, emails and related university documents. They
should be in three separate emails.
Thank ou,
(b )(6),(b )(7)
(C)

wrote:

 Page 0272 of 1164
Withheld pursuant to exemption
(b)(S)

of the Freedom of Information and Privacy Act

 !(b)(6),(b)(?)(C)

From:

Pearthree
LouA
nn
Be·Yourrecent
cootarts
withthisoffice

To:
Subj ect:
Date:

l(b)(6)
,(b)(7)(C)

I

Dear Ms. Pearthree ,
Thank you for your response, but I must say I am still confused.
You state : "Identifying an allegation and the legal iss ue to be inve stigated are two di stinct
aspects of ope nin g an OCR case. OCR investi ga tes lega l issue s, but the co ntours of th e
investigation are informed by the allegation."
I understand OCR investigates a legal issue over specific allegations. What do you mean
though by informed? Are you specifically inves tigating whether Yale did the three things to
me as alleged in Allegation l? Or is OCR investigating any instances where Yale vio lated the
legal issue? In what timeline is this limited to ? Is it limited on ly to my proce ss or to all Ya le
processes?

~
O~ (b)(6),(b)(?)(C)

f earthree, LouAnn

<Louann.Pearthree@ed.gov
> wrote:

Dear!(b)(6),(b)(7)(C)

I am happy to explain the significance of t he par ts of t he let ter you ask abou t. On page one of th e

letter is an allegatio n ident ified as Allegation 1:

In your complaint, you alleged that the University di scrim inated a ainst ou on the
the
basis of sex .. .. Specifical ly, you alleged that during th (b)(5),(b)(7)(C)
Univer sity discr iminated against you on the basis of sex when it su bjected you to an
inequitable gri evance process by failing to in form you of all allegations against you,
by denyin g you the opport unit y to provide a full sta tement to a hearin g panel, and
fai ling to consider all evidence yo u submitted prior to a decisio n bein g made in a
case where you were the respondent (Al legatio n 1).
Prior to stating the legal issue on page two, because th e lette r had interveni ng parag rap hs
discussing oth er mat ters, the letter refers you back t o Allegatio n 1 wit h a short resta tement of it.
This rest atement has no impact on the fuller statemen t of the allegatio n on page 1. The let ter
then te lls you why it is being ope ned (i.e., it is with in OCR'sjurisd iction and it was filed time ly):

In Allegation 1, you alleged that the University discriminated agains l,,,,1,-~~~---basis of sex by failing to prov ide an equitable hearing proce ss durin (b)(5),{b)(?)(C)

 Because OCR has determined that it has jurisdiction over Allegation 1 and that it
was timely filed, OCR is opening this allegation for investigation .

Next, the let ter identifies the legal issue t hat OCRwill exam ine, as fol lows:

The legal issue OCR will examine is: whether the University failed to promptly and
equitably respond to report s and/or incident s of sexual violence and, if so, whether
the Univer sity perpetuat ed a sexually hostil e environment, in violation of the Title lX
impl ementing regulations at 34 C.F.R. §§ 106.S(b) , 106.3l (a) , 106.3l (b).

Identifyi ng an allegatio n and t he legal issue to be invest igated are two disti nct aspects of opening
an OCRcase. OCR invest igat es legal issues, but the conto urs of t he invest igat ion are informed by
th e allegation.

The lim its of an OCR invest igat ion, to put it another way, th e acceptab le scope of an OCR
invest igatio n, is governed by curre nt law, regulatio n, and policy. I am prov iding t he curr ent Case
Processing Ma nual that governs OCRinvest igat ions, availab le to t he public at
httgs ://www2 .ed.gov/about/off ices/list/ocr/docs/oc rcpm.pdf . The manual was last revised in
2015 . As outlined in the procedu res, t he specific invest igatory approaches available t o OCRonce a
case is opened include: complete a f ull invest igat ion; accept a volu ntary resolutio n agreement
short of a full investi gat ion; or, close t he case administra t ively for a reason provided fo r in our case
processing proced ures. As stated during an earlier exchange yo u and I had, and as ment ioned in
the manual, w hen OCR learns of a paral lel proceed ing in court, t his may affect the approach OCR
takes in t he case and ult imat ely may result in the case being admi nist rat ively closed. If a case is
closed short of a fu ll investigatio n, regardl ess of the reason, the complai nant receives a writ t en
explanatio n of OCR'sdec ision.

Please f eel free to let me know if you have any quest ions or concerns . I wil l be in the off ice next
on

(b)(6),(b)(7)(C)

Sincerely,

LouAnn Pearthree

I Sen ior Civil Rights Attorney

U.S. Deparhnent of Educati on

 Office for Civil Rights
5 Post Office Square, 3th Floor
Boston, Mas sachusetts 02109-3921

Direct: (617)289-0138
Fax: 617-289-0150

LouAnn.Pearthree@ed.gov

From:l<b)(6),(b)(7)(C)
Send

(b)(6),(b)(7)(C)

To: Pearthree, LouAnn
Subject: Re: Your recent

contacts with this office

Dear Ms. Pearthree,

I am on a tight timeline and need all my questions resolved before the holiday weekend. If
you are unable to answer them, please refer me to someo ne at the Office who can.

Thank you,
l(b)(6),(b)(7)(C)

Qnr

)(6),(b)(7)(C)

l

wrote:

Dear Ms. Pearthree,

I do not believe you have answered any of my questions so far; these miscommunications
are exactly why I want to talk with you directly over the phone. I continue to maintain that
request.

Here is my first question:

 1. On page 1, the April 17 OCR letter states:

the University discriminated against you on the basis of sex when it subjected you to
an inequitable grievance process by failing to inform you of all allegations against
you, by denying you the opportunity to provide a full statement to a hearing pane l, and
failing to consider all evidence you submitt ed prior to a decision being made in a case
where you were the respondent (A11egation I).
On page 2, it states:

In Allegation I, you alleged that the University discriminated against you on the basis
~ ecause
of sex by failing to provide an equitable hearing process !(b)(6),(b)(7)(C)
OCR has detennined that it has juri sdiction over Allegation 1 and that it was time ly
filed, OCR is opening this allegation for invest igation. The legal issue OCR wil l
examine is: whether the University failed to promptly and eq uitably respond to reports
and/or incidents of sex ual violence and, if so, whether the U niversity perpetuated a
sexually hostile env ironm ent in violation of the Title IX implem enting regulations at
34 C.F.R. §§ 106.S(b}, 106.31(a), 106.3l(b).
What is OCR investigating? (i) The specific allegations mentioned on page 1, (ii) the
slightly more broad allegation of "failure to provide an equitable hearing process"
mentioned at the beginning of the quoted paragraph page 2, or (iii) the even broader
allegation at the end of the page 2 para graph: "whether the University failed to promptl y and
equitab ly respond to report s and/or incident -; of sexua l violence and, if so, whether the
University perpetuated a sexua lly hostile environm ent"?

If the latter, what are the limits of the investigation?

Thank you,
(b)(6),(b)(7)(C)

On l(b)(6),(b)(7)(C)

lPearthree, LouAnn <Lo uann .Pearthree@e d .gov > wrote:

_____

.
i(b)(6),(b)(7)(C)
Hellq ,___

_,

Two staff members informed me that you wanted to discuss with them a civil complaint that
you either filed against Yale or want to file against Yale. They reported to me that they

 conveyed to you their understandi ng that OCR does not advise complainants about filing
civil complainants , and I can assure you that this was accurate information.

I cannot advise you how to proceed in your civil complaint. I also believe that I answered
your questions from last week. What can I help you with currently?

Lou Ann Pearthree

I Seni or Civil Righ ts Attorney

U.S. Department of Education
Office for Civil Rights
5 Post Office Square, 8th Floor

Boston, Massachusetts 02109-3921
Direct: (617) 289-0138
Fax: 617-289-0150
LouAnn .Pearthree@ed.gov

  

{bii?libli?iiC}

 

 

 

 

 

 

From:

T0: Wm

Subject: Universitv Documents

Date: I

Attachments: Copy of Decision - Dean Conleypdf
Copy of Fact-Fin [5.Ddf
Conger Letxerx 
Copy of Letter 19d)?,
Copy of Notice of Deci f_
Com of cif
Com, dr

 

 

Copy .0 bdf.

 

From:

To:
Subject:
Date:
Attachments:

l<b)(6),{b)(7)(C)

I

Peart
hree LouA
nn
University Emails
!(b)(6) ,(b)(7)(C)

Dear Ms. Pearthree,
I am attachin a df of email communications between myself and the university with regard
to {b)(6),(b)(7 )<C )
They are in one pdf, and not in order.They may have a watermark
on it from the software I was using. I was having trouble saving them to individual pdfs and
arranging them in order. I can try again if you prefer. Thi s is a lengthy process though.
You did not ask for the documents I submitted as part of Yale's process , so they are not
included. Please let me know if you want those , too.
Thank you,
(b){6),(b)(7)(C)

 (b)(6),(b)(7)(C)

From:

To:
Subject:
Date:
Attachments:

Pea
rthree LouAnn
Waiver
!(b)(6),(b)(7)(C)
Waiver.docx.

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 E:]

Gmail - meeting

G

•

I

i,.,Googl"

meeting
r )(6),(b)(7)(C)

I

______________
_

To: (b)(6),(b)(7)(C)
Cc:,.__
(b)(6),(b)(7)(C)

___

"Killheffer, Jason" <jason.killheffer@yale.edu>

(6)(6),(6)(()
___,

Dea1(C)

Thank you for your email, we will see you at 4pm today i
'c
arner House). I can meet you
7
6
in the lobby of 1 Hillhouse or you can come to directly t (b)( ),(b)( )( )
. We will discuss a recent
report that has come to our attention . Toe details of the report are con ent1a so we will need to wait to discuss
it in person. We will aim to answer all your quest ions and concerns in t he meeting .

Thank you,
(b)(6),(b)(7)(C)

I

(b)(6),(b)(7)(C)

From
Se1
it~·1r,:
(b:'('l
)(~6
)-r.:
,(b:'('l)
<~7
)~
(c~) -----------,__I

_______________

_,

To : (b)(6),(b)(7)(C)
I
Cc:(b)(5),(b)(7)<C) I Killheffer, Jason
Subject: Re: meeting
(b)(6),(b)(7)(C)

._____
_, and I can come at 4pm today if that slot is st ill available. I would appreciate as much information up
front as possible . Thank you .
(b)(6),(b)(7)(C)

O ~ (b)(6),(b)(7)(C)

__

!wrote:

(b)(6),(b)(7)
___,

Dea ....._
(C)

Thank you for your response . This is a time sensitive issue and we need to discuss it with you in person .
is welcome to join us. My Title IX colleague , Jason Killheffer , copied here, will also attend.

l<b)(5),(b)(7)(C)

l

I

(b)(6),(b)(7)(C)

~-------------------------------------------

I
......V3

 (b)(6) ,(b)(7)(C)

Gmail - meeting

(b)(6),(b)(7)(C)

Subject: Re: meeting

Hi.
(b )(6) ,(b )(7)(C)

l

I don't have the emot ional wherewithal to follow up on this right now, I hope it's ok to have
call yo u on my behalf.
....________

___,,

(b)(6) ,(b)(7)(C )

I am the Title IX Coordinator for Yale College. I've received a report that I need to discu ss with you . If possib le, I
would like to meet with you in person this week. I am available Thursday from 8:00-10:00am and 2:00-5:30pm ,
and Friday from 3-5 :30pm .
(b)(6),(b)(7)(C )

l(b)(6),(b )(7)(C)

2/3

  

 




 

 

Gmajl meeting

 



 

 

 

34"3

1~~)(6)
,(6)(7)

I

G

i,.,Googl"

Gmail - CONFIDENTIAL-

foll01Mng up on our meeting

•

r b)(6),(b)(7)(C)

I

CONFIDENTIAL - following up on our meeting
l(b)(6),(b)(7)(C)

To: "Killheffer, Jason" <jason.killheffer@yale.edu>
l(b)(6) ,(b)(7)(C)

Dear Jason,
I can speak with you if necessary. Do you mean a meeting or by phone? I'd prefer to keep this simple and clarify
v1aemail, if possible.

on !(b)(6),(b)(7)(C)

I

Killheffer, Jason <jason .killheffer@yale.edu> wrote:

Dear ~

I apologize for the delay in replying to your email. I would be happy to discuss this with you further
after the Thanksgiving break . Would you be able to speak with me on Monday next week?

Regards,
Jason

Jason A. Killheffe r
Director , Academic Integrity Programs
Sr. Deputy Title IX Coordinator
Provost's Office
Yale University
Phone : 203 -436-8411
Fax: 203 -432 -8139

r )(6),(b)(7)(C)

To: Killheffer, Jason
r )(6),(b)(7)(C)

l<b)(6),(b )(7)(C)

115

 (b)(6),(b)(7)(C)
Gmail - CONFIDENTIAL-

foll01Mng up on our meeting

Subject: Re: CONFIDENTIAL- following up on our meeting

Dear Jason,

Can you please clarify what you mean when you say:

However, once you are on notice that certain behavior has been experienced as problematic and in
violation of university policy, if the behavior continues, it may be grounds for further complaint.

What behavior are you referring to here?

Thank you ,

LJ
on !<b)(6),(b)(7)(C)

I Killheffer, Jason <jason.killheffer@yale.edu> wrote:

Dear~
I am writing to fo llow up on your questions and to reiterate that the purpose of our meet ing on
Thursda& was to bring to your attention an allegation of sexual misc
had been reported to
5
us by!~~,n<bJ(7jland to discuss certain immed iate actions to address (bl< l,(b)(?)(C) concerns. With
) !request that you not contact her is not
regard to the specific terms of t he no-contact planJ<b)(5).(b)(?)(C
voluntary; all of the remain ing elements of her request are voluntary, as is always the case in the
University's informal complaint process as it pertains to students. However, once you are on notice
that certain behavior has been experienced as problematic and in violation of university policy, if the
behavior continues, it may be grounds for further complaint.

In response to your question about recourse, if you are experiencing !<b)(6),(b)(7)(C) komplaint as
harassment, respondents in the informal complaint process have been given the opportunity to
request that the UWC hear t he complaint through the formal complaint process. That process will
allow you to defend your position and will determine whether the allegations of sexual misconduct
have any basis. Additionally, in response to your question about reconciliation, the University wou ld
not suggest or provide a mechanism for reconciliation as it would not be consistent with l<b)(6),(b)(7)(C)
request for no contact and is not considered good practice in cases alleging sexual misconduct.

I

I also must remind you that, regardless of your decision to comply with the requests made o (b)(7),
l<b)(5),(b)(7)<C)
~othing we have discussed precludes the possibility that a formal compla int cou
r_)(-6-),(b-)(-7)-(C
...
-)----------------------------------------'F

S

 (b)(6),(b)(7)(C)

Gmail - CONFIDENTIAL - foll01Mng up on our meeting

brought to the UWC to address these allegations .

Regards,
Jason

Jason A. Killheffer
Director, Academic Integrity Programs
Sr. Deputy Title IX Coordinator
Provost 's Off ice
Yale University
Phone: 203-436 -8411
Fax: 203 -432 -8139

To: Killheffer , Jason
!(b)(6),(b)(7)(C)

Subject: Re: CONFIDENTIAL - fo llowing up on our meet ing

Dear Jason,

At the end of our meeting we discussed se\eral issues not addressed in this communicat ion. I will recount
some of them as well as some other issues discussed earlier in the meeting and that ha\e came up since .

1. What recourse do I ha\e to redress what I consider to b

(b)(6),(b)(7)(C)

harassment?

2. Is the uni\ersity interested in facilitat ing reconciliation?

3. What ramifications are there to my rejecting this proposal?

ic6)(6),(b)({)

I

4 . Does (C)
need a claim of sexual harassment to request a no contact order or can anyone request
one against anyone else simply because they do not like seeing them?

~l<
b-)(-6)_.(b-)(-7)-(C
-)----------------------------------------------------------------------------~I

'3/5

 (b)(6),(b)(7)(C)

Gmail - CONFIDENTIAL- foll01Mngup on our meeting

5. If #4 requires a comp laint of sexual harassment, please send me a copy of her complaint.

Thank you ,
(b)(6),(b)(7)(C)

r_)-(
...
5

IKillheffer
, Jason <jason.killheffer@ya
fe.edu> wrote:

)_,(b-)(-?)-(C_) ________

Dear~

5

Thank you for meeting with me and my colleagu J (bl( ),(b)(?)(C)
!yesterday afternoon. I am writing to
follow-up on our con\€rsa i
n ·
rticular, to review specific aspects of our discussion that concern
contact ~~~~9 you an (b)(5),(b)(?)(C) As we discussed, these measures are intended to enable both
6
you and·
l o continue to pursue your educational activities on campus with as little disruption as
possible . I'd appreciate your replying to this email to confirm your understanding.

n

5

1.
You agree to ha\€ no contact wit h (b)( ),(b)(?) includ ing physical, \€rbal or virtual (email, text inf,
social media, etc.) contact. You agree also not to attempt to contact or communicate with !)~~6),(bjU
through a third party .

I

(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)
Please contact me or ...__________
about t his commun icat ion.

l

I

__.at any time if you ha\€ any quest ions or concerns

Regards ,
Jason

r )(6),(b)(7)(C)
4/5

 LJ

Gmail - CONFIDENTIAL-

foll01Mng up on our meeting

Jason A. Killheffer
Director , Academic Integrity Programs
Sr. Deputy Title IX Coordinator
Pro\,QSt'SOffice
Yale University
Phone: 203-436-8411
Fax : 203-432-8139

~

~-)(-6-),(b-)(-7)-(C
-)-----------------------------------------------------------------------------"1

5/5

 (b)(6),(b)(7)

Gmail - no contact order - please confirm

(C)

G

•

i,.,Googl"

I

r )(6),(b)(7)(C)

no contact order - please confirm
l(b)(6),(b)(7)(C)

l(b)(6),(b)(7)(C)
Cc : "K illheffer, Jason" <jason .killheffer@ya le.edu>

__

j (b)(6)
,(6)(7)
Dea 'l,.___
(C)
__,

I am fo llowing up regarding the no contact arrangement

that we discussed severa l weeks ago and to clarify

the restrict ions that are in place wh ile the UWC formal complaint is in progress. Your comp liance is
req ui red with th e fo llowing no co ntact order regardin ~ (b)(6),(b)(?)(C) !Please review th e order and reply to

thi s email to confirm your understandin g of the restrictions below .

(b)(6),(b)(7)(C)

Please note that violat ions of t his no con t act order may be the bas is for furt her discipli nary action . This no
contact order wi ll be reviewed at t he conclus io n of t he UWC co m plai nt. Please co ntact me at any time if
you have questions or concerns.

Best,
(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

l

~--------------------------------------------'

I
V2

  

 



 

 

Gmajl no contact order please confirm

 



 

 

 

2"2

(b){6)
,(b)(7)(C)

De

(b)(6)
,(b)(7)(C)

I am writi ng in response to the University ' s recent and formal UWC complaint agai nst
me. I have stud ied Yale's UWC rules and procedures that govern this process, yet I remain
unclear as to Yale's duties and responsibilities, my duties and responsibilities and related
procedural issues , and I am writing to seek clarification of these points. (b)(5),(b)(7)<C) he ld a fact
finding meeting with me o~(b)(6),{b)(7)(C)
and I expressed to her some of my concerns
that are more fully expressed below. I believe that the fact-finding process and my ability to
defend myself are dependent on how the issues in this letter are addressed. Therefore, I am also
writing to request that this procedure, and particularly the fact finding process , be adjourned,
unti l my questions and issues are addressed .

!

Most importantly and foremost , I am writing to request that the Complaint and the
cun-ent No Contact Order against me be dismissed for the following reasons:

Procedural Violations, Pre judice and Request to Dismiss
(b)(6),{b)(7)(C)

(b)(6),(b)(7)(C)

1

 (b)(6),(b)(7)(C)

Issues Concerning the Complaint and Allegations
Another basis for dismissal is that no clear, definitive allegations have been made against
me, and I therefore cannot adequately defend myself. In lieu of dismissa l, I request clarification
of the terms and standard s relevant to the allegations and claims against me. The following are
the full exte nt of the written allegatio ns that have thus far been made known to me. They are
broad and conclusory. I have also received verba l allegations and a summarized version of the
events. Disturbingly, there is a narrative shift among these various representations.
r X6),(bX7XC)

2

 (b )(6),(b )(7)(C)

(b)(6) ,(b)(7)(C)

Yale has not provi ded me with a written statemen t of the allegations supporting the
conclusory claim s mention ed above, nor (b)(5),(b)(?)(C) initial informal compl aint and statement,
both of which I request. Nevertheless, I hav e been appri sed orall of the alleoations byfl2]
(b)(5 ),(b)
durin
meeting that I attended with my adviser, (b)(5).(b)(7)(C)
Further , on
(b)(6 ),(b)(?)(C)
I participat ed in a fact-finding meetino with (b)(6),(b)(7)(C)
M adviser,
(b)(5 ),(b)(?)(C)
was present durin g that meeting . (b)(6),(b)(?)(C)
nd (b)(6),(b)(?)(C)
oral
repre sentation s differ from each other in a numb er of import ant ways as follows :
!(b)( 6 ),(b)(?)(C)

IOral Allegations:

(b)(6),(b)(7)(C)

____!oral

6
l (b)( ),(b)(?)(C)

.__

___,

Allegations:

(b)(6) ,(b)(7)(C)

In a later written summ ary of facts, provided b (b)(5),(b)(?)(C)
~l~~~i-~~
-·r....
c!other discrepa ncies and changes to the allegation ._s_ar_e_m_a_d_e-f.(~brn)(5~).,::(b~)(7~)(~C~) --,.. s_u_m_m_a_ry- 1s_a_s_,
follows:

....

(b)(6),(b)(7)(C)

3

 (b)(6),(b)(7)(C)

This stateme nt, though seemingly detailed, still fails to provide a specific description of
the events and raises more questions than it answers as follows:
(b)(6),(b)(7)(C)

Based on these vague and shifting narratives , I am concerned about how any
evidence/facts I provide can be used to build a case against me . To this end , p lease explain the
following:
1.
Which narrative-which set of allegations and conclusory claims set forth above-is the
basis of the allegations and claims against me. Or, is there another set of allegations and claims ,
say , the fact -finding report, that will be the basis of the allegations and conclusory claims against
me?

4

 2.
Please define who has the burden of proof to establish by a preponderance of the
evide nce the allegations and/or claims against me, Yale or me. If the burden of proof at any time
shifts to me, please explain the procedural events that trigger such a shift.
3.

Further, please define the following terms:
a.
b.
c.
d.

Sexual contact
Sexual touching
Restraint
Nonconsensual

r X6)
,(bX7
XC)

Fact Finding and Hearing Procedures
Finally, please clarify my rights moving forward to defend myself. As mentioned
previously, I am not clear as to which party has the bmden of proof. The answer to that would go
far in helping me understand my role and rights. Please inform me as fully as possible Yale's
position regarding its obligation to prove its case against me and/or my obligation to disprove its
case . Either way, I request a final and fully detailed allegation of all claims against me as
opposed to the ever shifting and vague set of allegations that has been presented so far. Again, I
cannot adequately defend myself if I do not know what I am defending against.
To that end , I would like to question ,_!
<b_)<_5l_,<b_)<_7l_<c_) ____________
_.
7
l<b)(6),{b)( )(C)
!in this action, face to face. Please confirm whether this or
5),(b)({) !and any other
some other interrogatory measure can be arranged between myself and !~~,<
witnes s. May I also question Yale officials with regard to this action and the procedural issues
set forth herein? Also, may I resolve these issues with Yale , with regard to the same procedural
issues, through an appeal?

!

finding the right adviser, scheduling
At last J<b)(6),{b)(7)(C)
issues, other personal commitments, and espec ially the weight of all of the issues , questions and
requests set forth herein, I respectfull re uest that you dismiss the action, but, if not, please
extend the fact-finding process with (b)(5).(b)(7)<C)
and all dates relevant to my defense including
deadlines to submit evidence, witness list, statements , etc. Otherwise , please set forth a schedule
for the remainder of this process . f am especially concerned about dates to submit any evidence
and statements in my defense. Also, please advise whether any techno logy such as Power Point
or an overhead projector may be availab le to use at the hearing.
I look forward to your response to this letter and I am grateful for your indulgence in
helping me work through, if not resolve , these demanding and very meaningfu l issues .
Sincere! ,
(b)(6),(b)(7)(C)

5

 rb)(6),(b)(7)(C)

Letter
.m

(b)(6),(b)(7)(C)

,~

)

1

(b)(6),(b)(7)(C)

!Jason Killheffer <jason .killheffer@yale.edu>

(b)(6),(b)(7)(C)
Dear
5

Thank you for your letter onl<bl<l.(b)(?)(C)
!The UWC's procedures do not include a process for seeking the
dismissal of a complaint prior to adjudication. After this case has been decided, should there be any need for you to
appeal , you may raise procedural issues at that time.
The UWC's procedures do not require that you receive "a written statement
the complaint, which met the requirements of Section 7 .1 of the procedures,
However , after a decision
detail when she spoke with you on!<bl<5l,(bl<7l<Cl
is necessary , you may then raise your concerns about the sufficiency of the

I

of the alle ations ." You received a copy of
and (bl<5l,(bl<7l<Cl
provided additional
has been made, if you believe an appeal
information that has been provided to you .

The UWC 's procedures require that a hearing panel's decision on culpability be based on a prepond erance of the
evidence presented by the fact-finder and elicited at the hearing . The UWC procedures do not include the concept of
a shifting burden of proof.
Sexual touching , sexual contact, and restraint are not defined in Yale 's policies and should be understood to have the
meanings commonly associated with them . If there are any doubts about whether touching or contact was sexual or
whether an action represented restraint , the hearing panel will resolve them in its findings of fact. Consent is defined
here: http ://smr .yale. ed u/yale-sexual-m iscond uct-pol icies-and-re lated-defi nitions .
<bl(5______________
l,(bl<7l<Cl
The
(b)(
6),(b)(UWC
7)(C) 's jurisdiction is defined in Section 1 of the UWC 's procedure~....._

____,

The process for posing questions to witnesses is covered in Section 7.4 of the UWC's procedures.

_:-_____
...
(b)(6)(b)(7)(C)
·
interview .
apply.

I

l(b)(6),(b)(7)(C)
is away untilWhen
she returns, she will contact you again to arrange a time for an
nee her report is finished , the time periods set out in the UWC's procedures for the rest of the process will

On l<b)(6),<b)(7)(C)
(b)(6),(b)(7)(C)
Dear
I am attaching a letter in which I describe some of the issues with the formal complaint against me at the
UWC .

(b)(6),(b)(7)(C)

  

 



 

 

(b)(6) ,(b)(7)(C)

(b)(6),(b)(7)(C)

Res onse to UWCCom
Including Defenses,Claimsand Documentary Evidence
l(b)(6),(b )(7)(C )
Thi:> Fvi:>nh: nf
(b )(6),(b )(7)(C)

I

1

 (b)(6),(b)(7)(C )

Eve n ts fo llowin

g l(b)(5 ),(b)(?)(C)

I

(b)(6),(b)(7)(C )

To understand wh
· might come forward to request a no contact order and accuse me of
sexual assault when no such thing happened requires a well-developed understanding o~me,
our relationshi , and subse uent events. I will endeavor to articulate as well as possibl~
(b)(6),(b)(7)(C )
my relationship to her, and how this is all relevant to the present.
avoid conjecture. I will leave it to the panel to draw some of the
(b )(6),(b )(7)(C )

2

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(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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of the Freedom of Information and Privacy Act

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of the Freedom of Information and Privacy Act

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of the Freedom of Information and Privacy Act

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My Background

 

 



 

 

 

 

 



 

 

 

dun: nf' an?dpnl?inlifv and 

_B.:ea


 

 

Page 0362 of 1164
Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

 (b)(6),{b)(7)(C)

·~ ~~'""""" ........
""'r,
informin me of a re
wit (b)(6),{b)(7)(C)
(b)(6),{b)(7)(C)

I met

At this meeting (b)(5).(b)(7)<C) informed me that (b)(5).(b)(7)<C)
":-""":":"-:--:-----:---:---mm--..
in places all aroun campus, including places she didn't expect to be seeing me
· re
no-contact order against me through the Title IX informal com laint rocess (b)(5).(b)(7)<C) informed
me that she was also alleging sexual misconduc (b)(6),{b)(7)(C)
The following is the complete allegation as represented

to me by

(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

(b)(5),(b)(?)(C) xplained tha ~~g~mrclwas seeking a no-contact order, and the university wanted to work
out a "volun ta ry no-contact o rde r'' with me as er university gu ideline s with re spect to the
informal complaint pro cess . I info rme (b)(5).{b)(7)(C) that "voluntary no-contact order " was an
oxymoron . She affirmed it was not.
Mr. Kilheffer interrupted s aying he understood my point. He explained th at I did not have to comply
with the voluntary order, bu t the university wanted to work someth ing out that would enable both
parties to "access their education." Yet in a clea r violation of gende r-neu tral app lication of Title IX
6),(bj{/j !who felt that seeing me around campus
and UWC rules , h e further explained that
prevented her from properly accessing her education , was within her rights to seek restrictions on
my access to campus, without her having to restrict any of her ri ghts .

l~~f

tf

·,c I ever
Mr. Kilheffer then asked me
to walk away from !~gM~
encountered her on campus, (b)(5),(b)(?)(C)
all of which I could comply with
without undue hardship on my rights of access, association a nd education. Howe ver , he also
imp~sed a more onerous restriction prohibiting me to access !(b)(6),(b)(?)(C)
the time.
.._ _____________
(b)(6),(b)(7)(C)

11

__,

 (b)(6)
,(b)(7)(C)

(b)(6),(b)(7)(C)

(b)(6)
,(b)(7)
(C)

I

at the close of the meetinf!; Mr.
Kil~e~fer infor_med me that compli_ance "'.ith a no_contact order does not preclud1~~~~~tr.from
dec1dmg to bnng a formal complamt agamst me 111the future.
Regardless, Mr. Kilheffer followed up to the meeting with the "vo luntary no contact order," as
follows:
5),(b)(?)(C)
~esterday afternoon. I am
Thank you for meeting with me and my colleagueJ<b)(
writing to follow-up on our conversation and, in particular, to review specific aspects of our
discussion that concern contact between you and (b)(6),(b)(?)(C) As we discussed, these measures
5),(I))({)
continue to pursue your educational activities
are intended to enable both you an~!~_<
on campus with as little disruption as possible. I'd appreciate your replying to th is email to
confirm your understanding.

ho

(6)(6).(6)(()

I

You agree to have no contact with 1(C)
including physical, verbal or virtual (email,
~~~~ial media, etc.) contact. You agree also not to attempt to contact or communicate with
hrough a third party.
1.

Th is "request" made no mention of the "orde r " being voluntary, and did not follow through with his
,(b)(7)
(C)
Instead, he changed the font
assurance of work ing ou1(b)(6)
to Arial 12 and instead of saying "You agree" as in the first three clauses, changed it to "We request".
I replie d to Mr . Kilheffe r as follows:
At the end of our meeting we discussed several issues not addressed in this communication. I will
recount some of them as well as some other issues discussed earlier in the meeting and that
have came up since.
1. What recourse do I have to redress what I consider to be (b)(5),(b)(7)

harassment?

2. Is the university interested in facilitating reconciliation?
3. What ramifications are there to my rejecting this proposal?
5

4. Does (b)( ),(b)(?) need a claim of sexual harassment to request a no contact order or can
anyone request one against anyone else simply because they do not like seeing them?

12

 5. If #4 requires a complaint of sexual harassment , please send me a copy of her comp laint in
writing.

Mr. Kilheffer re sponded :
I am writing to follow up on your questions and to reitera t e that the purpose of our meet ing on
Thursday was to bring to your attention an allegation of sexual misconduct that had been
reported to us by !}t\< :(6)(/j ~ nd to discuss certain immediate actions to address !(b)(6),(b)(7)(C)
concerns . With regar to t he specific terms of the no-contact plan,!}~,<6),(6)(() !request that you
not contact her is not voluntary ; all of the remaining elemen t s of her request are voluntary , as is
always the case in the University's informal complaint process as it pertains to students.
However, once you are on notice that certain behavior has been experienced as prob lematic
and in violation of university policy, if the behavio r continues, it may be grounds for further
complaint .

I

5

In response to your question about recourse, if you are experiencing (b)(6),(b)(7)(C) om plaint as
harassment, respondents in t he informal complaint process have been given the opportuni t y to
request that the UWC hear the complaint through the formal complaint process. That process
will allow you to defend your position and will determine whether the allegations of sexual
misconduct have any basis. Additionally, in response to your question about reconciliation, the
University would not su est or provide a mechanism for reconciliation as it wou ld not be
consistent with (b)(5 ),(b)(?)(C) request for no contact and is not considered good practice in cases
alleging sexual misconduct .
I also must remind you that, regardless of your decision to comply with the requests made on
!(b)(6 ),(b)(?)(C) behalf, noth ing we have discussed precludes the possibility that a formal complaint
could be brought to the UWC to address these allegations.

r X6),(bX7XC)

I responded :
Can you please clarify what you mean when you say:

However, once you are on notice that certain behavior has been experienced as problematic and
in violation of university policy, if the behavior continues, it may be grounds for furthe r
complaint.
What behavior are you referring to here?

lthe UWC, Mr.Kilhefferresponded,
I apologize for the delay in reply ing to your emai l. I would be happy to discuss this with you
Would you be able to speak w ith me on Monday next
wee k?

!(b)(6),(b)(7)(C)

I

I re sponded:

13

 I can speak with you if necessary. Do you mean a meeting or by phone? I'd prefer to keep this
simp le and clarify via email , if possible.

Mr. Kilheffer never responded .
(b )(6 ),(b )(7 )(C)

(b )(6 ),{b )(7 )(C)

(b )(6 ),(b )(7 )(C)

14

 The Complaint Process is Biased and Improper as Alleeations Chanee
As the Title IX Office and the UWC maintain sole access with the complainan~(b)(6) ,(b)(7)(C)
!(b)(6),(b)(7)(C)
does not allow for sworn sta te ments, transcripts of allega tions , or
cross examination, the UWC controls the narrative of the case. That is bad enough because it limits
scrut iny of the allegations . But the UWC improperly does not maintain standards that maintain the
inte gr ity of the statemen ts, or has standards which it either negligently exercises , or worse,
willingly violates s o that the alleg ations can change and ada t to witness or responsive statements.
I make th ese observations to somehow accoun t for wh (b)(6),(b)(7)(C)
arrative differed so
r emarkably from the narrative I was later given by (b)(6),(b)(?)(C)

!and

According to (bl(5),(b)(?)(C)
(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

15

 (b)(6),(b)(7)(C)

L!
(b_)(_6)_,(b_)(_7)_(c_)__

.....,.,.....__________

_.! Even the formal university notices involve a

conflicting set of allegations.
Conclusion
(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

16

 l(b)(6) ,(b )(7) (C)

(b )(6 ),(b )(7) (C )

(b)(6 ),(b)

I believe that
(b )(6 ),(b )(7) (C )

motiv s must be inter

(b) (6) ,(b) (7 )(C)

Note on evidentiary documents : I have quoted from Facebook and texts messages . The originals are
available for review. I incorporate them by reference herein.

17

 (b)(6),(b)(7)(C)

Response to UWC Complaint rd(b)(5),(b)(?)(C)
Including Defenses, Claims and Documentary Evidence
Addendum

In a meeting with (b)(5),(b)(?)(C) after submitting my statement on!(b)(5),{b)(7)(C)
represented new details abou
allegations. These new det'""
a""
il_s _c-on-f'""
h""
' c...
t -w...,.
i.,..
th_m_y_c_o_n_s""'
is'""
t-en- t~
representations and the evidence as follows:
(b)(6),(b)(7)(C)

  

 



 

 

YaleUniversity

U NI VE R SITY-W ID E COMMM IT T EE
ON SEXUAL M I SCO N DUC T
PO Box 208365
New Haven CT 06520-8365
T 203 432-444 1
f 203 432-995 7

CONFIDENTIAL

co11ner
1 Hillhou se Avenue
New H aven CT 06511

(b)(6)
,(b)(7)(C)

Delivered by Electronic Mail
r X6),(bX7XC)

Dear (b)(6),(b)(7)(C)
I write to provide you with information regarding the hear ing in your UWCcase.
(b)(6),(b)(7)(C)
Please plan to arrive promptly at
--------------------8 :4S a.m. Should the hearing last beyond 12:00 p.m., lunch will be provided. Kindly
notifyt<b)(6),(b)(7)(C)

bf any dietary preferences, at l<b)(6),(b)(7)(C)

I

The following is a list of the five UWCmembers who will serve on the pane l in your case:
(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

Student, Yale College
The decision -make r for the case will be!(b)(6),(bl(7)(C)
1~~)(
6).(6)(7)

I

----------------

Each party's list of witnesses, if any, and the subject of their testimony: must be
submitted to me at least four days before the hearing, i.e., by Monday,!<b)(5).(b)(7)(C)
~ Normally, the pan el will call a witness only ifhe or she can offer potentially
relevant information that was not conveyed to the fact-finder. At the hearing, parties
will have an opportunity to make an initia l statement and may use that time to respond
to the fact-finder's report.

 l(b)(6),(b )(7)(C)
Page 2

Please do not hesitate to contact me with any concerns or questions you may have.
Sincerely,

l(bX6),(bX7XC)

cc:

l(b)(6),(b )(7)(C)
r )(6),(b)(7)(C)

(b)(6),(b)(7)(C)

Attorney A viser
UWCfile

 CONFIDENTIAL
UNIVERSITY-WIDE
COMMITTEE
ONSEXUAL
MISCONDUCT
FACTFINDER'SREPORTIN THECOMPLAINT
BROUGHTB~~

5
7
<b_l<_l,_<b_l< _l<C
_ l ________________________

___J

r )(6),(b)(7)(C)

introduction and

Background

This com taint was brou ht b
against (b)(5).(b)(7)(C)
concerns a sexual enco
(b)(6),(b)(7)(C)

(b)(6 ),(b)(7 )(C)

The complaint
·
betweenlfilJ
The complaint alleges that
(b)(6 ),(b)(7 )(C)

5
(b)( ),(b)(?)(C)

the sexual encounter took place without

'----------J

onsent.

(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

1

 r

L- )(-6 )-,(b-)(7
- )(_C_) ----------------------------~

5
7
In addition, I reviewed written submissio~n~s~b~
(b~l<~l ,~<b_l<_l<_c _
l
5
7
handwritten interview notes provided b (bl( ),(bl( l<Cl

__

--,. __

____J

and

'------------'

UndisputedFacts
(b )(6),(b )(7)(C)

Complainant's VersionofEvenu
(b )(6),(b )(7)(C)

2

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Respondent?s Version 9: Eventg

 

 



 

 

 

 

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{blimlbl??C}

 

Retaliation by



 



 

 

 



 

 

10

 

 

 

 

 

 



 

Retaliation

 

 



 

 



 

 

11

 

 

 

 



 

 

 

 

of Elth?li ?imesses


 

12

 

 

 

 



 

 

 



 

13

 

 

 

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 (b)(6),(b)(7)(C)

CQnsiderations
Related to Credibility
Issuesof credibility are central to th~ ~Mjpiboth
agree that no one else was present o
assaulted her.

}d) '

6

7

f" X l,(bX xc1

_hen she alleges he sexuatl

(b)(6),(b)(7)(C)

16

  



 

f1] Inconsistent statements

 

 



 

17

 

 

 

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 Page 0392 of 1164
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of the Freedom of Inf ormation and Privacy Act

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 Page 0394 of 1164
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of the Freedom of Information and Privacy Act

 The central issue before this panel is which version of events is more likel to be
true. There were no witnesses present who could corroborate (b)(5 ).(b)(7 )<C)
(b)(6) (b)
descript1on
. . of w hat happene d on the mg
. ht m
. question.
. (b)(6),(b)(7)(C) e,1nen
•
ds
(?)(C)
w o o ered testimony had either no information or onl va ue secon - and
knowledge of what happened between their friend and (b)(5 ),(b)(7 )<C)
(b)(6),(b)(7)(C)

(b )(6),(b )(7)(C)

22

  

 



 

Respectfully submitted,

 

 



 

 

Independent Fact Finder

23

 

 

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 Exhibit B: Notice of Complaint

r

CONFIDENTIAL
)(6),(b)(7)(C)

Delivered by Electronic Mail
(b)(6),(b)(7)(C)
(b)(6),(b)(7)(C)
Dear!<b)(6),(b)(7)(C)
The University-WideCommittee on.......
Se....
x_u_a_l
_M_is_c_o_n_d_u_ct_...;;__..;;......i...;=..;..;..;..;...,_..;;.~
6l.,,.
formal complaint against you from.,.,,
<b...,
l<
...
.<b....
)(.7,..
l...
<C
...
) --------------'
!(b)(5).(b)(7)<C)the complaint, filed on ...
<b.,,..
)<
,6.,,
)..,..
.<b.,,..
)(,7.,.
).,.,
<C
.)..,---....a.=:=i::a.=~=.:...1,,;:;;.=~=;..::..:.:.::-_
nonconsensual sexual contact with (b)(5),(b)(7)(C)
(b)(6),(b)(7)(C)
·n violation of Yale's sexual misconduct policy. A copy of the
sexua m1scon uct policy is attached. For further information regarding the
allegation, please see attached the complaint. Please note, the UWCin reviewing the
facts presented during the formal complaint process may consider other violations
of the sexual misconduct policy or the Yale CollegeUndergraduate Regulations that
arise from and are directly related to the complaint.

'-------------------~

Please read carefully the attached UWCProcedures which set forth the details of
UWCproceedings. I refer you in particular to section 7 of the procedures, governing
the "Formal Complaint Process.'' As discussed in section 7.1 of the procedures, a
subcommittee of the UWChas determined that the UWChas jurisdiction to hear this
·
complaint.
You may provide a written response to the complaint and you may include
supporting documents and other evidence. If you wish to respond, please do so in
writin orb e-mail to me within five days of this notice, i.e.,by 5:00 p.m. on
(b)(5),(b)(7)<C)
All statements and other evidence you submit may be shared
5
with (bl( ),(b)(?)(C)I will inform you by e-mail when a fact-finder and hearing panel
have been appointed in this case.
I re ·
hat there must be no contact - either direct or indirect- between you
5
and ~~)<
),(b)(7) and that UWCprocedures specificallyprohibit retaliation against any
person w o rings a complaint or participates in the UWCprocess. A Title IX
Coordinator may be in touch with you about the implementation of the no contact
order and any other interim measures. If it is found that you have not complied
with this requirement, that finding may lead to additional charges of misconduct.

 All UWChearing participants are expected to keep confidential all aspects of the
UWCprocess as provided in the attached Statement on Confidentiality ofUWC
Proceedings, which you are encouraged to read carefully.

-

Please note, you are encouraged to have an adviser of your choice to support you
throughout this process. If you are intending to bring an attorney as your adviser,
please inform me at least four days in advance of any meeting that the adviser will
attend. For further information about the role of an adviser in UWCproceedings,
please see section 5 of the UWCProcedures.

nroT.

If YQUhaveanvauestions
aboutthis
r )(6),(b)(7)(C)

pleasecontactr

x, ),(bX7J(C)

.

Sincerely,
(b )(6),(b )(7)(C)

cc:

r X6),(bX7XC)

Stephanie Spangler
Deputy Provost and University Title IX Coordinator
UWCFile
Encl: Complaint
UWCProcedures
Definitions of Sexual Misconduct, Consent and Harassment
Statement on Confidentiality of UWCProceedings

 Exhibit C: Response of j<bl<5),(b)(?)(C)

(b)(5),(b)(7)(C) written response includes a section entitled ~~(~~t) Sex Life" (pp. 46), which I have omitted from this Exhibit based on guidance from the Office of Civil
Rights that "Questioning about the complainant's sexual history with anyone other
than the alleged perpetrator should not be permitted." I have also omitted material
from p. 4 that consisted of highly persona) information abou~~~,<6),(b)(?) !and her
family that was irrelevant to the issues before this committee. In his last interview
(b)(6),(b)(7)(C)
·
·
·
•
· I·
1

In the view of this fact finder, none of these reasons justify inclusion of such
personal information in violation of OCRguidelines.

 (b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

I

5
ReSPOnse
tq uwccomplaintrd
(b)( ),(b)(?)(C)
Including
Defenses,Claims
andQocumeataO'
Evidence

ThP -

n~ (b)(6),(b)(7)(C)

I

(b)(6),(b)(7)(C)

1

 (b)(6),(b)(7)(C)

-

- ..

-

Rb)lti),lD/lf I

•,c,

I

(b)(6),(b)(7)(C)

~Jl.clatidldlillUlil~f

...,

("'iib
)(6),(b)(?)

(b)(6), ..,_ __ _,
To understand wh {b){7)( ight come forward to request a no contact order and accus~e
sexual assault when no such thing happened requires a well·developed understanding

b)(6)

' e,
events. I will endeavor to articulate as weJlas possible
'
!(b)(6),{b)(7)(C)
!myrelationship to her, and how this is all relevant to the present.
I will try to Jayout the facts and avoid conjecture. I will leave it to the panel to draw someof the
·
more theoretical connections.
our relationship, and

subsequent

(b)(6),(b)(7)(C)

2

 Page 0403 of 1164
Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

  

 



 

pg, 5' om?IHeaE

 

 

 

 



 

 

 

Page 0406 of 1164
Withheld pursuant to exemption
(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

  

 



 



 

 

 



 

 

 

 

 

 

 

(DHEJIWWHC)

 

. IE 



 

 

 

 

 

Page 0409 of 1164
Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

 (b)(6),(b)(7)(C)

--------11~~

At this meeting!~~,<5),(bj{/j ~nfonned me that-(b_)<
_5)-:,,(b_)<
_7)_(c-e
)
in places all around campus, includingplaces she didn't expect to be seeing u~~ 5~ '-WlaUJ
7
no-contact order against me through the Title JXinformal com laint rocess (b)( },(b}()
me that she was also alleging sexual misconduct,..__
(b)(_________
6),(b)(7)(C)

The followingis the complete allegationas represented to me byl(b)(6),(b)(?)(C)

___J

I

(b}(6},(b)(7)(C)

l(b}(
. that ~
. a no-contact order, and the university
. wanted to work
,c, 6},<b)(7) Iexplamed
' as seeking
out a "voluntary no-contact or er" with '
as Rer university guidelines with respect to the
informal complaint process. I informed!~ ),(b)(
!that "voluntary no-contact order" was an .
oxymoron.She affirmed it was not.
·

Mr.Kilhefferinterrupted saying he understood my point. He explained that I did not have to comply
with the voluntary order, but the university wanted to work something out that would enable both
parties to "access their education." Yet in
· ation of gender-neutral application of Title IX
and UWCrules, he further explained that (b)(5}.(b)(?) ho felt that seeing me around campus
prevented her from properly accessingher education, was within her rights to seek restrictions on
my access to campus, without her having to restrict any of her rights.
Mr.Kilheffer then asked me to not contac
rsonally, to walk away from~f
I ever
encountered her on campus (b)(6},(b)(7)(C)
all of which I coul~y
with
without undue hardship on my rights of access, association a
ucation. However: he also
6),(b)(7)(C)
imposed
(b)(____________
the time. a more onerousrestriction prohibiting me to access..._
(b)(6},(b)(7)(C)

11

__J

 r X6),(bX7XC)

Regardless, Mr.Kilhefferfollowed up to the meeting with the "voluntary no contact order," as
follows:
Thank you for meeting with me and my colleagueJ <b)(6),{b)(?)(C)
!vesterdayafternoon. I am
writing to follow-up on our conversationand, In particular, to review specificaspects of our
discussionthat concerncontact between you and!(b)(6).(b)({) As we discussed,these measures
are intended to enable both you and!~~,(6)
,(6)(7)~o continue to pursue your educationalactivities
on campuswith as little disruption as possible. I'd appreciateyour replying to this email to
confirm your understanding.

l

with!
)~g~/I

6! includingphysical.verbal or virtual (email,
You agree to have no contact
media, etc.) contact. You agree also not to attemptto contactor communicatewith
1~~)(6),(b)(7) ~hrougha third party.
·
·
,
1.

•-v.i-----ial

(b)(6),(b)(7)(C)

'

This "request" made no mention of the "order" being voluntary, and did not followthrough with his
Jnstead, he changed the font
assurance of working oud (b)(6),(b)(7)(C)
. to Arial 12 and instead of saying "Youagree" as in the first three clauses, changedit to 'We request".
I replied to Mr. Kilhefferas follows:
At the end of our meeting we discussedseveral Issuesnot addressedIn this communication.I will
recountsome of them as well as sol'!}eother issuesdiscussedearlier in the meeting and that
have came up since.
6),(6)(7) !harassment?
1. What recoursedo I have to redresswhat I consider to bej~~,<
2. Is the universityinterestedIn facilitatingreconciliation?
3. What ramificationsare there to my rejectingthis proposal?
5!.lb~(lj
~eed a claim of sexualharassmentto requesta no contact order or can
4. Doe~~~,<
anyone reques one against anyone else simply becausethey do not like seeingthem?

12

 6. If #4 requires a complaintof sexual harassment, please send me a copy of her complaintIn
writing.
Mr. Kilheffer responded :
I am writing to follow up on your questions and to reiterate that the purpose of our meet ing on
Thursday was to ~ur
attention an allegation of sexual mi sconduct that had been
reported to us b~
and to discuss certain immediate actions to addres~(b)(6),(b)(7XC)
5).(b)({) request that you
concerns. With regard to the specific term s of the no -conta ct planJ~~_<
not contact her is not voluntary; all of the rema ining elements of her request are volu ntary, as Is
alw ays the case in the University's inform al complaint process as it pert ains to students.
However, once you are on notic e that certain behavior has been experienced as problematic
and in violation of university policy, if the behavior continu es, it m ay be grounds for furth er
compl aint.

I

j

i

In respon se to your question about recourse, if you are experiencln
complaint as
harassment, respondents in the informal compl aint process have been given t e opportunity to
request that the UWChear the complaint through the formal compl aint process. That process
will allow you to defend your position and will determine whether the allegations of sexual
misconduct have any basis. Additionally, in response to your question about reconciliation, the
University would not suggest or pro.vide a mechanism for reconcili ation as it would not be
consistent wlt~\~! 6},(b)(f) !requ est for no contact and is not considered good practi ce in cases
alleging sexual misconduct.
~also must remind yo u that, regardless of your decision to comply with the requests made on
5),(b)({) behalf, nothing we have discussed precludes th e possibility that a formal complaint
could be br ought to the UWCto address these allegations.

!Pf

I

r (6J.(b)(7)(
C:J

I r esponded:
Can you please clarify what you mean when you say:

However,once you are on notice that certain behaviorhas been experiencedas problematic and
in violation of universitypolicy, if the behaviorcontinues, it may be groundsfor further
complaint.
What behavior are you referring to here?
onr

jwith the UWC,Mr. Kilheffer

)(6),(b)(7)(C)

t,

responded:

I apolore foe tbe1 elavlo ceplyjng your email. I would be happy to discuss th is with you
(b)(6),(b)(7)(C
.
fur t her
Would you be able to speak with me on Monday next

week?

I responded:

13

 I can speak with you If necessary.Do you mean a meetingor by phone?I'd prefer to keep this
simpleand clarlfyvia email,If possible.

Mr.Kilheffernever responded.
(b )(6),(b )(7)(C)

14

 Thecomplaint
ProcesstsBiasedandImproper
asAllepttonsChance
r=~=~,----5
7

I

t e Title IXOffice and the UWCmaintain sole access with the complainan! <b)( ),(b)( )(C)
and does not allow forsworn statements, transcripts of allegations,or
cross examination, t e
controls the narrative of the case. That is bad enough because it limits
scrutiny of the allegations. But the UWCimproperly does not maintain standards that maintain the
integrity of the statements, or has standards which it either negligently exercises, or worse,
willinglyviolates so that the allegations can change an
t to witness or responsive statements.
1make these observations to somehow account for
(b)(5),(b)(?)(C)
arrative differed so
e ctfinder.
remarkably from the narrative I was later given b (b)(5},(b)(?)(C)

(b)(6},(b)(7)(C)

According tJ (b)(5},(b)(?)(C)
(b)(6),(b)(7)(C)

(b)(6},(b)(7)(C)

(b)(6},(b)(7)(C)

15

 (b)(6),(b)(7)(C)

r b)(6),(b)(7)(C)

..,~o;ndiflitctcni·~n;;g-;se;;te<o>ff~alllle;;;g;;;a:.:itii;;on;;:s;-.-------Jf•
Eventhe formaluniversitynotices involvea

tsmctusion

(b)(6),(b)(7)(C)

16

 (b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

I believe that
(b)(6),(b)(7)(C)
(b)(6),(b)(7)(C)

Note on evidentiary documents: I have quoted from Facebookand texts messages.The originals are
availablefor review. I incorporate them by reference herein.

17

 (b)(6),(b)(7)(C)

Exhibit D; Addendum to Response ol

(b)(6),(b)(7)(C)

l (b)(6),(b)(7)(C)

rJ~~f

l

6),(b)({)
Responseto UWCComplaint
IncludingDefenses.Claimsand Documenta,yEvidence
Adde11dum
In a meeting wlt~ ~~f5J,{bj{/j ~bmitting
represented new details about ~allegations.
representations and the evidence as follows:
(b)(6),(b)(7)(C)

my statementonl (b)(6),(b)(7)(C)
These new details conDlct wl

  

 



 

 

 

 



 

Exhibit E: Notes of

 

 

 

 

 



 

 

 

 

 

 

 



 

 

 

 

 

 

 

 

 

 

 

 

 

(b)(6),(b)(7)(C)

UWCCase re: (b)(6 ),(b)(?) (C)
(b )(6) ,(b )(7)(C)

Int rodu ction
Dear

(b)(6) ,{b)(7)(C)

nd Fellow Panelists,

I am here toda because of alle ations brou ht to the UWCb

5
(b)( ),(b)(?) (C)

(b){6),(b)(7)(C)

The alle ations are cate oricall false. The non-consensual events~lleges
happened o~
are false, and did not happen~t
night or at any oth~
time. It is not a matter of differences in inter retation of the events on the night in question. While
(b)(6) ,{b)(7)(C )
the events she is alleging simply did not happen and
are either figments o
imagination , false memories, or a deliberate attempt to malign me for
an ulterior motive.
(b)(6),(b)(7)(C)

(b )(6),(b )(7)(C)

(b )(6) ,{bl
l<7)(C)

I.

.

,wou ld later recollect this encounter as "sweet."

· n of events is highly unlikely
In the course of this statement I will make evident that {b)(7),(
to have happened that night. I will further make eviden
a 7 c
other allegations, includ ing
!(b)(6),(b)(7)(C)
!are not only;
but can only be explained as either an
attempt to deliberatel mali n me or as exam Jes of (b)(5), Josin touch with realit . These
examples include (b)(6) ,(b)(7)(C)
(b )(6) ,{b)(7)(C)

Because the events on !~~/~~/6! !happened behind closed doors, and there is no direct evidence of
what occurred , and because this case is being decided on the preponderance of the evidence
standard, credibility becomes central to deciding this case, and credibility is found in the~s
spanning all primary and secondary stories included in this case. As I will make evident,~
consistently provides false details, vague and transferred memories, and retrojected sentiments
that do not fit the evidence, among other issues. It is partially through building a solid case on the
disputed ancillary details, which are subject to the evidence, that I will show tha (b)(5 ),(b) narrative
is decisively not credible.

1

 I can not say with certainty why=:Jchose
to bring this complaint to the attention of the
university . Nor do I prefer being put in the position where I must speculate about the motives of a
defend myself, I have no other choice .
complainant. However, because I am innoce~ust
is either due to trauma she
Based on the evidence, I must conclude that~complaint
ex erienced with others she is ro· ectin on to me mental illness (b)(6),(b)(7)(C)
(b)(6),(b)(7)(C)

(b)(6),{b)(7)(C)

Perhaps it is a mixture of all of the above. I will provide evidence for all these
possibilities in this statement.

(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

In an addendum, I will describe some of the many issues with (b)(6),{b)(?)(C)
representation of the
facts. I will also provide other documents necessary to be put e ore t e panel.

Statemen t

Dear (b)(5 ),(b)
(7)(C)

You can address these issues at the hearing in your open ing statement, which you may put in
writing and provide to the panel. In that way, your opening statement will become part of the
written record .
Regards,

l\~l\~/b)
I
5
(b)( ),(b)(?)(C)

response indicates I am allowed to address all issues with the factfinder's report in a
written statement to be put before the panel.

Additionally, (b)(5 ),(b)(7 )(C) did not inform me of several of the allegations included in the report, nor
was I provided with the content of the testimonies provided by the witnesses . This is my first
opportunity to addres s them .
(b)(6),(b)(7)(C)

2

 Page 0423 of 1164
Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

 Page 0429 of 1164
Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

 (b)(6) ,(b)(7)(C)

l<bl(5 ),(b)(7 )(C)

lallegations that I made comments that mad e her uncomfortabl e and that were

cond esc ending to wom en.
From the Fact Finder ' s report:
(b)(6),(b)(7)(C)

He also sometimes made comments that she found offensive in ~~~~~
women. She addressed some of these comments and not others (b)(5),(b)(7)(C)
I find it astonishing thatfim
can allege that I made comments that made her uncomfortable from
the outset, but yet she went on to develop such a close friendship with me . It is further surprising
that she can make the se allegations, but not provid
xample of such a comment. In the
thousands of messages exchanged between me and <gl<~), c there is not one example I can find of a
comment offensive to women.

10

  

 



 



 

 

113qu

 

11

 

 

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(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

 Page 0439 of 1164
Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

 (b)(6),{b)(7)(C)

(b)(6 ),(b)(?)(C)

~

Confusion about th e Dates
,~~/~~/· I has consistently been confused about the dates of our encounters. In her first interview
with (b)(6),{b)(7)(C)
t ecorded :
(b)(6),{b)(7)(C)

(b)(6),(b)(7)(C)

21

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Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

 (b )(6),(b )(7)(C)

1
(~)(~(

IFamilv Life and its affect on her relationshios

(b)(6),(b)(7)(C)

27

 Page 0448 of 1164
Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

 Page 0449 of 1164
Withheld pursuant to exemption
(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

 Page 0451 of 1164
Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

 (b)(6),(b)(7)(C)

(b)(6),(b)(7)(C )

ictions and Memor La ses of
testimony
has been full of contradictions and memory lapses, as well as likely transferred
............
__.
memories .
(b )(6),(b )(7)(C)

32

 (b)(6),(b)(7)(C)

Conclusion
l~~~~~{b) !account of the events o4m~~\(b) !is fraught with murky memor ies and unlikely details set in
a narrative of events manipulated to portray me unfa irly in a negative light. While I do not know
Wlt. h certamty w h~h '
as ch osen t o b rmg
. th ese a 11egat10ns agamst me, I h ave s hown manv
likelv influences inc u ln.gl(b)(6),(b)(7)(C)
r )(6),(b)(7)
(C)
(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

33

 l(b)(6 ),(b )(? )(C )
Sexual assault is a serious issue, anywhere it happens . I am not guilty of sexual assault. Because of
how easy the university made it for people to bring forward allegations of sexual assault, false
accusers will come forward too, and the university will adjudicate their allegations. Due to the
extremely low bar of evidence the university uses to decide these cases, many innocents will be
found guilty of crimes they did not do. While a solution must be found which help s those who have
actually suffered from sexual assault, the current model only serves to make matters wo rse. Many
innocents will be hurt in the process even as the system fails to provide justice for complainants .
I am one of those victim ~~\~~?) Even if the panel were to find me innocent, I will have still suffered
having to go t hrough many mont s of stress and anxiety over this case, a Joss of months of my time,
the shame of having to go through thes e proceedings, and thousands of dollars in expenditures and
lost income. And as we have see n in multipl e r ecent news stori es, being accused is often enough to
be guilty in the eyes of the public. To be a "respondent ," even to "win" is to lose, and gravely .
Unfortunately, the university has no established procedures to protect, find justice, or otherwise
reimburse those falsely accused . This is deeply problematic--and an alternative model must be
found to resolve these issue s.
Thank vou
(b )(6 ),(b )(7 )(C )

34

 Addendum
(b)(6),(b)(7)(C)

Bias and Ne Ii ence

(b)(6),(b)(?)(C)
factfinding report contains inaccuracies and many examples of negligence and bias . I
question her ability to act as an "independent and neutral" factfinder, and maintain that her report
is an unfair, incomplete, and biased representation of the facts .

___

,..,,..,,.......,..,.,,...,.....--.
.
(b)(6),(b)(7)(C)
(b)(6),(b)(?)(C)__, 1s a graduate of Yale Law, and left her law career to pursue a career
,___
According to her website:
(b)(6),(b)(7)(C)

According to l(b)(5),(b)(7)(C)
becom (b)(6),(b)(7)(C)

I own accounting,

she left a potentially lucrative career as a Yale JDto

I

This hardly sounds like someone who can pretend to be a neutral party in a case alleging sexual
assault.
(b)(6),(b)(7)(C)
(b)(6),(b)(7)
(C)

-

......
......
----qualifications

-

............
- .............
-...- .......
--------~
as an "independent" factfinder .

I This erode ~(b)(6),(b)(7)(C)

r

5
In the writing of this repor J(b)( ),(b)(?)(C) !omitted certain facts deliberately, others for unknown
reasons, and gave subjective opinions about the parties and about her opinions on th e case that
show further bias on her part towards the complainant.
I will now list these issues:
.

1. In the very f1rst paragraph of the repor

_____
....
(b)(6),(b)(7)(C)

frames the entire report:

Th e com laint concerns a sexual encoun ter that occurred sometime in (b)(5),(b)(7)(C)
betwee (b)(6),(b)(7)(C) an (b)(6),(b)(7)(C)
The
~ alleges

~l

)(C) consent

th at th e sexual enco unt er took place without

).

---

l(b)(5),(b)(?)(C) !frames this complaint as an alleged non consensual sexual encounter dur ing a
corwJ~~~d "alleged." But I den that th ere ever was a sexual
"sexua l encounter"~ot
j !makin (b)(5),(b)(?)(C)
claim that the sexua l encounter
encounter betweerlliili'a: Jrnd I
is not "alleged" false .

i~ifofo

2. In the second paragraph (b)(6),(b)(7)(C) claims I did not submit a response to the comp laint til
(b)(6),(b)(7)(C) This is not exact y true,
10 respond before then. I submitted a formal letter

35

 arguing the case on procedural

grounds to.L!
(b_)(_6)___
,(-'b)-'---(7'-')(C
--=)~

(b)(6),(b)(7)(C)

36

 Page 0457 of 1164
Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

 Page 0458 of 1164
Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

 Page 0459 of 1164
Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

 (b )(6),(b )(7)(C)

35. (b)(5 ),(b)(?)(C) interprets the OCRguidelines, which state, "Questioning about the complainant's
sexua istory with anyone other than the alleged perpetrator should not be permitted" (ibid), to
include any sexual history with anyone including people she wa s seeing at the same time as me, and
who she ·
·
·
·
·
includin (b)(5 ),(b)(?)(C)
(b)(6),(b)(7)(C)

Further, (b)(6),(b)(?)(C) interprets this clause to mean all personal information which she does not
deem "relevant" to this case. Moreover, the guideline only says the compla inant ma not be
·

·

(b)(6),(b)(7)(C)

40

 Page 0461 of 1164
Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

 Testimonv o

(b)(6),(b)(7)(C)

To Whom It May Concern:
I am the mother of (b)(5),(b)(?)(C)
and (b)(5),(b)(?)(C)
both of whom are close friends of
!(b)(5),(b)(?)(C)
!1first spoke w ith b 7 · dur ing the week o (b)(5),(b)(?)(C) afte d(b)(6), suggested he
call me for a recommendat ion on a ocal florist . I aske (b)(5),(b) here he wanted to send the flowers
and he rep lied that the were going to the home of (b)(5),(b)(7)(C)
I
5
real ized tha (b)( ),(b)(?)(C) as likely conn~
to a Title IX invest igation involv ing him in w hic~
had been a witness for the complainant ~had
to ld us about the case because it had troub~
her and also because she had not been sure of how she should respond to the request to speak
~hat I knew about the case. For the next several minutes of our
with the fact finder. I told lm~~,<bJ
telephone conversat ion I cou ld hea (~)(~), chok ing back tears as he told me about the distress that
had been plaguing him because of tne case, which he had not been able to share with anyone.

I

<b_l<
_6_
l,(_
bl_<7_l<_
c)_________
I am aware of some of th el._
informat ion that may be relevant to his case.

__,l
and I am writing

to share some

1. I have visite~numerous
times at her suites in!<bl(5).(b)(7)(C)
j1
have sometimes had to wait outs id~entryway
for 10 minutes or more until she arrives
to open t he door. On some occasions I have stood and chatted with other students and
parents who were also wa iting the same length of time enter .
several weeks after we initially spok~we
2. In a phone conversat ion I had wi~
talked about his experience with~uring
th is conversation l!~1mio !loo ked~n
Facebook and expressed surprise upon discovering she had blocked him on Facebook .
3. r X6).(bX
7XC)

I

4 . Immediately afte ~(b)(6),(b)(?)(C) informe ~!~1!~,<b)
~hat anothe r complaint had come forward,
!te lephoned me. During this conversat ion he broke down sobbing and could not talk
for several minutes . He expressed shock about being called into the Title IX office and said
he had no idea who could be complaining about him.

l!~/!~/cc>

I would like to add that I am troub led that Yale 's interpretation of "preponderance of the evidence"
can result in punishment and restrictions for students despite the absence of physical evidence or
eyew itness testimony. It seems to me that this process is inconsistent with the system of jus t ice in
the United States and ot her democracies .
Please feel free to contact me if you have any questions.
Sincere lv
(b)(6),(b)(7)(C)

42

 Page 0463 of 1164
Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

  


0)

 

2-H.

Photos with mv friends in

 

 

 



 

 

 

(b)(6),(b)(7)(C)

Pease Note: The following document is not relevant to
not be shared with her.

and I therefore request that it

1

 Page 0466 of 1164
Withheld pursuant to exemption
(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

 Page 0471 of 1164
Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

 Page 0472 of 1164
Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

 YaleUniversity

U NI VE R SITY-W ID E COMMM IT T EE
ON SEXUAL M I SCO N DUC T
PO Box 208365
New Haven CT 06520-8365
T 203 432-444 1
f 203 432-995 7

CONFIDENTIAL

(b)(6),(b)(7)(C)

co11ner
1 Hillhou se Avenue
New H aven CT 06511

Delivered by Electronic Mail
(b)(6),(b)(7)(C)

Dea

(b)(6),(b)(7)(C)

I write regarding the formal complaint brou ht a ainst ou to the Universi -Wide
Committee on Sexual Misconduct by (b)(5).(b)(7)(C)
!(b)(6),(b)(?)(C)
As you know , ...
th_e_c_o_m
_p_l_a-in_t_w
_a_s_fi
_1_le_d_o_n_ (b""!"
)(~6)",(b
"!!
")(
"!'
!7!!!!'
)!'!'!
(C
!)-----!"!'

I

the fact-finder's re ort was rovided on l<b)(6),(b)(7)(C)
was held o (b)(5),(b)(?)(C)

Iand a hearing in this matter

Attached is the UWC panel report, setting out its findings of fact, its conclusions as to
whether those facts constitute a violation of University policy, and its recommendation.
I will also provide copies of the panel's report to !(b)(5),(b)(7)(C) ~nd to Dean Lynn
Cooley, who is the decision maker in this case.
You may respond to the panel's report. Your response addressed to Dean Cooley is
due to me three days from today, i.e., by 5:00 p.m. onr) (5),(b)(?)(C)
Your
response, if any, will be provided to the other party.

I

<b_l<5_l._<b_l<7_l<_c)_____
___,
Dean Cooley will render her decision by 12:00 p.m. on._!
Please see Section 7.5 of the UWC Procedures for further information about this
process.

_____....

.
(b)(6),(b)(7)(C)
Should you have any quest10ns, please let
Sincerely,
(b)(6),(b)(7)(C)

Encl: Panel's Report
cc:

r X6),(bX7XC)

UWC File

or me know.

 CONFIDENTIAL

(b)(6),(b)(7)(C)
UWCPanel report to Dean Lynn Cooley
Complainant l(b)(5),(b)(7)<C)
Respondent: .__

___________________
~

Introduction

On (b)(6),(b)(7)(C)
{b)(6),(b)(7)(C)
6l,.,.
The complaint alleges that, in ._
<b_l<...
.(b...
)(,7..,
l,.,.
<C
,)...,......
____
contact invo lving restraint" with (b){5),(b)(7)<C)
(b)(6),{b)(7)(C)

__.._.
e.,,.n=a...,e._d.....,.in..._."n.._o..,.n.._c._.o
...
n.,..s_e...,ns._u...,a
....
l....
s_..e...,xu
....a..,,.l
,___

------------------------

The Panel thanks the parties and l(b)(5),(b)(7)(C) I adviser for participating in the hearing.
During the hearing , the Panel's uestionin of the arties was informed by the detailed factserved as secretary for
finding report prepared b (b)(5).(b)(7)<C)
the hearing. In addition,
made available to the Panel his prepar ed statement.
Findings of Factt

The Panel was informed of and accepted that the following relevant facts were not in
dispute.
(b)(6),(b)(7)(C)

The Panel focused on three que stion s in reviewing the informati on pre sented and in
interviewing the parties:

1 The

panel' s findings of fact are underlined.

 (b)(6),(b)(7)(C )

Policy
The Panel reviewed the information presented b the fact-finder and at the hearing to
determine whether, as alle ed in the complaint, (b)(5 ),(b)(?)(C) ngaged in nonconsensua l
sexual contact with (bl(5 ),(bl(7 l in violation of the University's sexual misconduct olic . The
Panel also examine t e evi ence resented to determine whether (b)(6 ),(b)(?)(C)
(b )(6),(b )(7)(C)

As required, the Panel used the "preponderance of the evidence" standard in reviewing the
information presented and reaching its conclusions.

Regarding nonconsensual sexual contact and stalking
The Panel relied on Yale's sexual misconduct policy, which states, in relevant part:
From the definition of sexua l misconduct:
Sexual misconduct incorporates a range of behaviors including ...sexual assault (which
includes any kind of nonconsensual sexual contact). ..

From the definition of sexual consent :
Sexual activity requires consent, which is defined as positive, unambiguous, and
voluntary agreement to engage in specific sexual activity throughout a sexual
encounter. Consent cannot be inferred from the absence of a "no";a clear 'yes," verbal
or otherwise is necessary. Consent to some sexual acts does not imply consent to
others, nor does past consent to a given act imply present or future consent. Consent
must be ongoing throughout a sexual encounter and can be revoked at any time.
(b )(6),(b )(7)(C)

2

 (b)(6),(b)(7)(C)

Key Findings and Explanations of the Panel
Issue I -- Regarding Nonconsensual Sexual Contact
Th e a rti es h a v e s i
(b)(6),(b)(7)(C)

5
n ifi ca ntl y di ffe r e nt acco unt s of t he int erac tion s in l(b)( ),(b)(?)(C)
....________

(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

3

__,

 (b)(6),(b)(7)(C)

5J.tbJ(()khe Panel had
Given that there is not a consistent account of the events o1~~5
difficulty in determining what had transpired then. !(b)(6),(b)(7)(C)
(b)(6),(b)(7)(C)

(b )(6),(b )(7)(C)

4

  



 

 

 

 



 

 

 

Conclusions
nel concludes that the re onderance of the evidence does not establish that (b)
iolated Yale's Sexual Misconduct Polie either in the form of non -consensual sexual
contact (b)(5),(b)(?)(C)
(b )(6),(b )(7)(C)

Recommendation
(b )(6),(b )(7)(C)

Respectfully,
(b )(6),(b )(7)(C)

6

 (b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

l(b)(6),(b)(7)(C)

Dea~~-~~~~~~....

I wou ld like to follow up to the panel's report with some questions I hope you can resolve. I request
an extension on my response to Dean Cooley until these matters have been settled .
1. What documents were and/ or will be given t&~,<5),(b)(?)

!as part

of this process?

2. Will the panel be privy to any of the documents in the case going forward?
,<5J,(b)(() ~ e given the chance to write a response to the panel's r~ort and/or a12 ea!
3. Wil1~~
the finding?
4. Does the university reserve the right to appeal the decision?
5. Was the panel given my full opening statement, including sup.Porting documents, and if not,
what was redacted, and why?
a. Consequent to (1) and (5), will a copy o~(b)(5),(b)(?)(C)
~etter be shared with
J,(b)(() !(I requested
!~5~,<

that it not be.)
6. Consequent to 1 , is there a means for me to referenc (b)(5),(b)(?)(C)

n a letter to Dean

Cooley w ithou
eeing it?
7. Is there a process through which a party may request that the pane l amend the report to
correct mistakes or errors?
8. What documents and/or information about this case will be shared with my Dean and
Master? What information may I share with them?
)(6),(b)(7)(C)

r

10 . Is there a difference in these proceedings between "proof' and preponderance of the
evidence?
a. If there isn't, how can the panel say the evidence they used doesn't prov (b)(5),(b)(?)(C)
story false if our narratives are mutually exclusive?

b. l(bK6)
,(bX7KCI

c.

Has the university ever made a finding against a respondent that included verbiage
similar to that in this panel's finding, th at although the evidence doesn't prove the
allegation, the university still finds the respondent to have violated university policy
and is therefore punished with [x]?

 11. Why is there an assumption on the panel's part tha ~~~~%c~xperienced distress from seeing
me around campus if there was no finding that she was in fact distressed?
6
a. Further, why does the panel affirml}~~}~
< > r eelings on this? How is this relevant to
.. hn

rl'rr:~J:~~-•

t":~rl~~

- r')

1

(b)(6),(b)(7)(C)

1:

1

14 (b)(6),(b)(7)(C)

15. Please inform me of my rights and the method for filing a complaint against the complainant
in this case for harassment.
a. Please include the contact informat ion for the appropriate administrator, and the
details of how such a complaint would be processed, as well as what actions the
university might take to rectify injust ices don e in the previous proceedings.
b. Please also inform me of whether the university might launch this comp laint on
their own , and whether I may act as witness to such a complaint.
c. Please inform me, also, whether there is a procedure/means for reimbursement for
damages, including time lost, wages lost, legal fees, and grades affecte d by these
proceedings.
16. In an earlier response , Mr. Kilheffer informed me that in cases alleging sexua l misconduct it
is not considered good practice for the university to facilitate reconciliation . Now that there
has been a finding of no sexual misconduct, would the university facilitate reconciliation?
17. Given that the university is primarily an educational institution, what educational
opportunities will the universi be seeking from this proceeding?
ou mentioned it may be possible to file an ap_peal
18. In our re ly to my Jetter fro (b)(5),(b)(7)
arguing that this case was P.rocedurally im ro er for the university to adjudicate at all. Is
filing such an a ea! still ossible? Is there any sort of recompense that may result through
my filing such an appeal on the grounds that the entire proceedings were imprqperly
initiated?

  


V011.

 

 

Thank


 

 

Yale University

UNIVER SI TY - WIDE COMMMITTEE
ON SE XUAL MI SCO ND UCT
PO Box 208365
New Haven CT 06520-8365
T 203 432-4441
F 203 432-99 57

(b )(6) ,(b )(7)(C)

courier
1 Hillhouse Avenue
New Haven CT 06511

DearMr.~
I am wr it ing in response to your letter date (b)(5 ),(b)(?)(C)
for responding until 3pm on Sunday, (b)(6 ),(b)(7)(C)

As requested, I am extending your deadline

Most of the questions you have raised are not material t o your response to the panel report, and I will
respond to them separately .
The response to the panel repo rt provides you with an opportunity to clari fy anything you believe t o be
inaccurate . Anything you put in your response will be made available to the complainant (b)(6 ),(b)(?)(C)

l(b)(6) ,(b)(7)(C)

I

The panel accepted but did not read the written version of your opening statement. Because the panel
did not use the w ritten version of your opening statement in making its decision, your written statement
was not included in the mate rial supplied to Dean Cooley.
Sincerely,
(b)(6),(b)(7)(C)

UWC File

 (b)(6),(b)(7)(C)

Lynn Cooley
Professo r of Cell Biology & MCDB
Dean, Gradua te School of Arts an d Sciences
Yale University
New Haven CT
Dear Dean Cooley,
I am wr iting in response to the Panel Report in my UWC case . The panel credited my accou nt of the
events o (b)(6),(b)(?)(C)
lleged I sexually assau lted her, and found no
j<b)(6)
,(b)(7)(C)
art such a (b)(6),(b)(7)(C)
._ ________________
....,I write not to challenge the substance of the panel's
7
5
findin gs regarding <~< ),(b)( l allegations. However, I do ob· ect to the anel's rhetoric, it's method
___.
of fact finding, and its recommendation ,__
(b)(5),(b)(7)(C)

_______________

In preparation for my hearing, I wrote a lengthy statement that includ ed all of my defenses and
proofs. In a recent communication wit~ (b)(5),(b)(7)(C)
!he disclosed that the panel did not r ea d th is
document, which l unde rstan d to mean that they did not receive a copy of it. I am very dismayed
that the panel did not read my Opening Statement before making their deliberations.
While the anel found that I did no wrongd oin g, the panel did not find wrong doing on the part of
(b)(5),(b)(7)(C)
either, and postured themselves as if they were beholden to (b)(5),(b)(?)(C)
to find wrongdoing on my part.
J(b)(6),(b)({)

First, the panel found that the eviden ce they used to cred it my account did not pro v, (C)
account did not occur:
"----~

While this timing does not rove that her account of events did not occur , the
timing is consistent wit (b)(5),(b)(7)(C) version of events.

~ it
___.

Second, the panel's language implies that if not for the panel'sfb l(5),(b)(7)(C)
would not have been able to determine who's narrative to cre ...
3""
it-: ________
Given that there is not a consistent account of the events o (C) '
difficulty in determining what had tr anspired then
,____
5),(b)(f)
Third, the panel affirmd~~,<

lexperience

he Panel had
_,

of distress, without indee d find ing tha (b)(5),(b)(?)(C)

was actually distressed or that I was cause of any such distress:

_______

Thou gh the Panel is fully sympathetic to
experience and appreciates that she felt
__,
dislocated and distressed by her interactions with ...._
(b)(6),(b)(?)(C)

1

 This is further compound ed by the fact that the panel had just found that the alleg ed source o~i~~.(b
>
the alleged sexual assault, did not occur, thus deeply undermining why she would
feel distress when seeing me later around campus.

6 l distress,
l!~/!~/

!

(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

My narrative of the events an (b)(5),(b)(?)(C) bre mutually exclusive. It is therefore impossible to
credit my narr ative without findincl }~\toJ,lDJll1 narr ative to be false. In a system which uses the
preponderan ce of the eviden ce st andard, where the panel is s imply asked, according tol(b)(5),(b)(?)(C)
(b)(
..._ 6),(b)(7)(C)
'Who's account seems more credible?" there is no way to credit my narr ative
without finding (b)(5),(b)(?)(C) arrative to be discredited. There is no logical wa around this
conclusion . But yet, the panel not only postures themselves as apologetic to ~~)(5),(b)(?) they say the
evidence "does not prove that her account of events did not occur." How is this possible? Are there
two standards of proof the UWC is now using in cases involving sexual misconduct? According to
the procedures , UWC cases are decided "by a preponderance of the evidence ." What standard of

______
,.,,...
~--

I

2

I

 proof, then, is the panel using to determine any other conclusion when it comes to the credibility of
!(b)(5),(b)(?)(C) ~omplaint? To find that I am not in violation of university policy in this case, but to also
find th at this "does not prove that her account of events did not occur ," would mean to use a
different standard of evidence for violations of the complainant. This language is an explicit bias on
the part of the panel, and must be retracted .
Further, it is problematic for the panel to find for one party on the preponderance of the evidence ,
and then qualify their finding by saying the case is not "proven." Has the university ever done
similarly for a respondent? Has the university ever found for the complainant, then explicitly
qualify their findings by saying the preponderance of the evidence doesn't "prove" the case, but yet
go on to find the respondent in vio lation of university policy and punish the respondent
according ly? I have yet to see a case where the univers ity has done so. If this is not the pract ice of
the university , then this is another example of bias on the part of the panel.
With re ard to evidence and proof, the pane l indicates that if they had not requeste ~(b)(5),(b)(?)(C)
(b)(5),(b)(7)(C) 1the case wou ld have been "difficult to determine" given that there is no "consistent
• account of the events on l(b)(6),(b)(?)(C)
(b)(6),(b)(7)(C)

I

Moreove rJ<b)(5),(b)(?)(C)

t'The panel accepted but did not read the
written version of your opening statement." Besides for how offensive it is for the panel to not read
a statement prepared by the accused party, especially given how much work a lengthy and well
prepared statement takes to organize" and how much is at stake for the accused, university
procedure dictates that an open ing statement must be accepted by the ane l: "they may provide a
written copy of their statements to the panel at the hearing." Further, <~<5),(b)(?) assured me that I
may respond to all issues with the Factfinder's Report in such a statement: "You can address these
issues at the hearing in your opening statement, which you may put in writing and provide to the
panel." This implies thatthe panel will read the written version of the o enin statement. How can
there was no
the panel then not read my statement but conclude that (b)(5),(b)(7)(C)
5
"consistent account of the event (b)( ),(b)(?)(C) and that the case was "difficult to determine"?
(b)(6),(b)(7)(C)

3

 In response to your question about recourse, if you are experiencin (b)(5 ),(b)(?) (C) complaint
as harassment, respondents in the informal complaint process have been given the
opportunity to request that the UWChear the complaint through the formal complaint
process. That process will allow you to defend your position and will determine whether
the allegations of sexual misconduct have anv basis .
(b )(6),(b )(7)(C)

At this point, I would like to note another issue with this process , and which is indicative of bias,
this time on the part of the factfinder . While I listed 35 points of bias and negligence on the part of
the factfinder in my Opening Statement , this point wou ld be number 36:
{b)(6),(b)(7) (C)

Further, the panel makes several notable errors in their findings, includ ing that
r X6),(bX7XCJ

This is wrong. A

5),{b)(? )
<~<

erself said to the factfinder:

r X6),(bX7XC)

The panel also mistakenly records that:
(b )(6),(b )(7)(C)

4

 !(b)(5),(b)(7)(C)

!This indicates

cavalier factfinding on the part of the panel.
I wou ld also like to note that th is ent ire nrocess was uncalled for J(b)(6),(b)(7)(C)
(b)(6),(b)(7)(C)

I

In sum, while I am grateful that the panel determined that (b)(5),(b)(?)(C) arrative of sexual assault,
!(b)(6),(b)(?)(C)
did not occur, I find the language and orientation of the panel deeply
offensive, including their decision not to read my statement. I believe had they chosen to re a d m
statement, they would have determined my account to be credible even without (b)(5),(b)(?)(C)

!

lm~~/
bj I

Furthermore, given univer s ity procedure, there is no way to determine that my narrative is credible
without dete rmining th a (b)(6),(b)(?)(C) allegations are not credible . Given that our na rr ative s are
mutually exclusive, there is then no way to conclude anything but th at (b)(6),(b)(?) entire allegation
of sexual assault did not occur. It remains to be determined whethe (b)(5),(b)(?)(C) llegation wa s
!or other factor . The un ive rsity's find ings , at the very
malicious or the !<b)(5),(b)(?)(C)
least , shou ld reflect this reality.
(b)(6),(b)(7)(C)

I am attaching my Opening Statement because I believe it needs to be read so that the pan el's
finding of fact and decision can be properly revised.
Sinc er e! ,
(b)(6),(b)(7)(C)

5

 Cooley, Lynn
To: (b)(6),(b)(7)(C)
Cc:

5
7
I have read carefully the documents in this case, including! <bl<l,(bl<l<Cl
response to the panel report. I thank the panel for their work and the
participants for their coop eration with the UWC proc edur e.

I acceot the find i n2s of fact reached bv the oanel J<b
l<5l,(bl<7l<Cl
(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

Sincer ely yours,
Lynn Cooley

Lynn Cooley, Ph.D .
Dean, Yale Graduate School of Arts and Sciences
C.N.H . Long Professor of Genetics
Professor of Cell Biology and Mo lecular , Cellular & Developmental Bio logy

I

 Yale University

UNIVERSITY-WIDE
COMMMITTEE
ON SEXUAL MIS CO NDU CT
PO Box 208365

New Haven CT 06520-8365
T 203 432-4441

F 203 432- 9957

courier

CONFIDENTIAL

Hi llhouse Avenue
New Haven CT 06511
1

l(b)(6),(b)(7)(C)
Delivered by Electronic Mail
(b)(6),(b)(7)(C)

Dea<l<b)(6),(b)(7)(C)
I write to convey Dean Cooley's decision in the complaint brought against you to the
Universi -Wide Committee on Sexual Misconduct, following the hearing held on
!This office
(b)(6),(b)(7)(C)
and the panel's report delivered on!(b)(6),(b)(7)(C)
prov id ed Dean Cooley with copies of the fact-finder's report and exh ib its, the panel's
report and your response to the panel's report.

I attach here a copy of Dean Cooley's decision . The Dean has accepted the panel's findings
of fact, its conclusions and its recommendation. Accordingly, there is no finding that you
I
have violated Yale's sexual misconduct policy .l(b)(6),(b)(?)(C)
(b)(6),(b)(7)(C)

You may appeal Dean Cooley's decision . If you choose to do so, you must appeal to
Provost Benjamin Polak. The a peal addressed to Provost Polak is due to me by 5:00 p.m.
on Wednesday, (b)(5),(b)(?)(C)
Please note that, as stated in section 7.7 of the UWC
procedures, the only permissible grounds for appeal are (i) procedural error that
prevented the hearing panel or decision maker from judging the matter fairly, or (ii) the
discovery of facts that were not reasonably available to you prior to the hearing and that
support or refute the allegation of sexual misconduct.
Should ou have any questions, please contact me, afb l(6),(b)(?)(C)
(b)(6),(b)(7)(C)
'-·------------'
Sincerely,
(b)(6),(b)(7)(C)

  

 



 

 

Page 2

CC:

 

 



 

 



 

 

 

 

 

 



 

 

 

Panel

UWC File

UWC Chair

Yale University

UNIVER SITY - W ID E C OMMMITTEE
ON SEXU AL MI SC OND UC T
PO Box 208365
New Haven CT 06520 -8365
T 203 432-44 41
F 203 432-99 57

(b)(6),(b)(7)(C)

courier
Hillhouse Avenue
New Haven CT06 511

t

Delivered by Electronic Mail
(b)(6),(b)(7)(C)

I
_____
__

l(b)(6),(b)(7)(C)
Dea,..._

I am writing in response to your letter o~(b)(5),(b)(?)(C)

hoanswer questions that may be

pertinent to the appea ls process and other post-decision issues.
(b)(5),(b)(7l

does not have a right under the UWC's procedures to appeal Dean Cooley's decis ion,

and the Title IX coord inator does not intend to appeal. The grounds fo r appeal of a UWC
decision are set out in the UWC's procedures . If you believe that your case was adjudicated in
violat ion of the UWC's procedures, you may raise that argumen t in your appeal.
"Preponderance of the evidence" is a description of the burden of proof required for a decision.
Members of UWC panels choose various ways to exp lain how they have reached a decision, but
all panels app ly the preponderance of the evidence standard.
The University does not compensate respondents fo r costs associated with their cases.

r X6),(bX7XC)

(b)(6),(b)(7)(C)

Your residentia l college dean has receive d t he notice of compla int and Dean Cooley's decis ion .
No other documents wi ll be sent to your dean or master.
l(b)(6),(b)(7)(C)

Sincerely,
(b)(6),(b)(7)(C)

 CC:

 

 



 

UWC File

 

(b )(6),(b )(7)(C)

Benjamin Polak
William C. Brainard Professor of Economics
Provost, Yale University
Yale University
New Haven, CT

Dear Provost Pollak,
I write to you to appeal the decision in a UWC case date ~(b)(5),(b)(?)(C)
~!though I was not found
responsible, the policies Yale exercises to adjudicate sexual assault allegations are consistently
discriminatory to those accused .
While the proceedings concluded that I had not violated Yale's sexual misconduct policies, the
conclusions and recommendations were not all in my favor .
First, the panel used offensive and baseless accusatory language when determining their findings.

!

ThirdJ (b)(5),(b)(?)(C)
has den ied my right to bring forward a comp laint tha ~~)(5),(b)(?)
fraud, basing this on his mistaken understanding of the panel's conclus ions.

ommitted

Factfinder was nei:lii:ent and biased
As I made clear in my Opening Statement , but which the panel was not given the opportunity to
read, the factfinding in this case displayed multiple instances of negligence and bias and therefore
constituted "procedural error that prevented the hearing panel or the decision maker from judging
the matter fairly."
The cumulative negligence of the factfinder, and especially the instances pointed out in 7, 12, 14, 15,
1

 I

16, 17, 29 and 35 precluded the panel from adequately considering my claims, and may further
have inclined them l(b)(6),(b)(?)(C)
(b)(6),(b)(?)(C) factfinding report contains inaccuracies and many examples of negligence and bias. I
quest ion er a ility to act as an "independent and neutral" factfinder, and maintain that her report
is an unfair, incomplete, and biased representation of the facts .
..<b_l<
_6l_.<_bl_<7_l<C
_)__. is a graduate of Yale Law, and left her law career to ..r_)<
_5_
).(-b)-(?-)(-C_______
)

_,

According to her website:
(b)(6),(b)(7)(C)

Accordin to (b)(5).(b)(?)(C)
become (b)(6),(b)(7)(C)

own accountin , she left a otentiall lucrative career as a Yale JD to

This hardly sounds like someone who can pretend to be a neutral party in a case alleging sexual
assault.
(b)(6),(b)(7)(C)
._
<b_)(_6)_,(b_)(_7)_(C_) ___________________
qualifications as an "independent" factfinder.

__,!
This erodes l(b)(6),(b)(7)(C)

I

In the writing of this report (b)(5),(b)(?)(C) omitted certain facts deliberately, others for unknown
reasons, and gave subjective opinions about the parties and about her opinions on the case that
show further bias on her part towards the complainant.
I will now list these issues:

1. In the very first paragraph of the report, (b)(5),(b)(?)(C)

frames the entire report:

The com~aint concerns a sexual encounter that occurred sometime in (bX,l,(bX?XCl
between ! \<5),(b)(7) !an (b)(5 ),(b)(7 l(C)
The

f;'/li~~j',

alleges that the sexual encounter took place without

____
'

·

(Cl consent

1).

(b)(6),(b)(7)(C)........
frames this complain t as an alleged non consensual sexual encounter during a
sexua encounter" that is not considered "alleged." But I deny that there ever was a sexual
encounter between !(b)(5),(b)(?)(C)
making !(b)(6),(b)(7)(C)
claim that the sexual encounter
is not "alleged" false.

!

I

2. In
aragraph (b)(5),(b)(?)(C) claims I did not submit a response to the compla int
unti (b)(5).(b)(?)(C) This is not true, I i respond before then. I submitted a formal letter arguing
<b_)(_6_
),(_b)_(7_)<_
C_______
)
_,
the case on procedural grounds tci._

2

 6l ld (pg 2) as saying I made comments to he'..,I,;!,,
3. (b)(5),{b)(7)(C) quotes !~~~~W/
~ ·~~~
sexua l encounter that made her "uncomfortable." Yet there is no sign tha (b)(5),{b)(7)(C)
<6),(b)(?) ~o identify what those comments actually were .
1

!~~

4J~~~~~L blleges I made comments that were offensive to women (pg 2).

5
7
(b)( ),(b)( )(C)

ressed

oes not

attemnt to identifv those comments .
(b )(6) ,(b )(7)(C)

3

 Page 0497 of 1164
Withhel d pursuant to exemption
(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

 Page 0498 of 1164
Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

 Page 0499 of 1164
Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

 (b )(6),(b )(7)(C)

I

3 (b)(5 ),(b)(?)(C)
interprets the OCRguidelines, which state , "Questioning about the complainant's
sexua1 msrnry with anyone other than the alleged perpetrator should not be permitted" (ibid), to
include any sexual history with anyone including peop le she was seeing at the same time as me, and
who she informed me about and in the retellin develo ed the nature of our own relationsh i
includ in on (b)(5 ),(b)(?)(C)
(b)(6),(b)(7)(C)

Further,
interprets this clause to mean all personal information which she does not
deem "re evant
1scase. Moreover, the guideline only says the complainant ma not be
uestioned about it· it does not sa this information cannot be brou ht forward . (b)(6 ),(b)(?)(C)

(b )(6),(b )(7)(C)

7

 (b)(6) ,(b)(7)(C)

(b)(6),(b)(7)(C)

The language of the Panel's "Findings of Fact"is discriminatory
.

.

.

.

.

j (b)(6),(b )(7)(C)

The panel uses language that 1s d1scnmmatory and b1ase1.1
...______________

_
1<6)(6)
,(6)(7)

First, the panel found that the evidence they used to credit my account did not prov{l.(C
.___
)__
account did not occur:

_

~..........
.,;;,,,....,.....i;;rov
e that

her account of events did not occur, the timing is
version of events.

8

 It is discriminatory and biased for the panel to find for one party on the preponderance of the
evidence, and then qualify their finding by saying the case is not "proven." Given that there is only
one standard of evidence used in these proceedings, there is no distinction between preponderance
of the evidence and proof. They are the same thing. Further, given that the university does not
distinguish between proof and preponderance of the evidence when finding against a respondent,
to qualify their findings with this distinction when finding against a complainant is discriminatory
and biased against r espondents .
Second, the panel's language implies that if not for the panel's j<bl(5).(b)(?)(C)
not have been able to determine who's narrative to credit:
Given that there is not a consistent account of the events of 7 c ·
difficulty in determining what had transpired then
(b)(6),(b)(7)(C)

jitwould
the Pane l had

Third, the panel affirm (b)(5),(b)(?)(C) experience of distress, without indeed finding that (b)(6),(b)(7)(C)
was actually distressed or t at was cause of any such distress:

9

 The facts as stated in the Findings of Fact are wrong
The panel makes several notable errors in their findings, including that
(b)(6),(b)(7)(C)

I

This is wrong. A~cit J,(bJUJ herself said to the factfinder:
(b )(6),(b )(7)(C )

(b )(6),(b )(7)(C )

I reque st that these errors be corrected .

The Complainant comm itted fraud
In reporting a false claim against me to the Title IX Office, the witness to this case (b)(5 ),(b)(? )(C)
committed fraud, a violation of university policy, and should be disciplined accordingly .
In bringing forward a fraudulent claim ~~)<5),(b)(?)

violated the following university policies:

2. Its belief that physical restri ction, coercion, or intimidation of any member of that
community is contrary to the basic principles of the University . (Yale College
Undergraduate Regulations, page 4)
3. Its expectation that such action will ordinarily result in temporary or permanent
separation from Yale College. (Yale College Undergr aduate Regulations, page 4)
E. Harassment, intimidation, or coercion

10

 Acts of harassment, intimidation, or coercion, including harassment on the basis of
race, ethnic origin, gender, or sexual orientation. (Yale College Undergraduate
Regulations, page 7)

I. Misconduct at a formal hearing
Deliberate and knowing misrepresentation or lying during a formal hearing
conducted by University authorities. (Yale College Undergraduate Regulations, page
7)
The University is committed to providing an environment free from discrimination on the
basis of sex. (http://provost.yale.edu/title-ix)
When I requested information as to how to file a complaint for fraud

5
(b)( ),(b)(? )(C)

replied:

(b )(6) ,(b )(7)(C)
(b )(6),(b )(7)(C)

Therefore, there

is no basis for you to bring forth a complaint of harassment against either (b)(5 ),(b)(?) (C)
5),{b)(() !Consistent with past practice, the UWC would not accept jurisdiction over such a
complaint if it were filed.

l~~,<
(b)(6) ,(b)(7)(C)

'--...................
~lo...._
i_c.....,is
wrong and discriminatory, as I will explain below. If the university does not
correc (b)(5 ),(b)(7 )(C)
position, the university will violate Title IX.
(b )(6),(b )(7)(C)

In deciding cases , the UWC uses the preponderance of the evidence standard. Yale's version of the
preponderance of the evidence standard does not use a burden of proof methodology, through
which it might be possible to find the accused not guilty but yet also not find that the accused did
not commit the violation, due to lack of evidence. In Yale's preponderance of the evidence standard,

11

 according to !<b)(5),(b)(?)(C)
!the panel is simply asked: Whose account seems more
credible? The panel then credits one of the two accounts. In crediting my account the panel found
that the preponderance of the evidence determines my account of the events is what occurred on
the night o~~~/~?),
(b) not that there is not enough evidence to prove that j~g5),(b)(?) !account of the
6
events o~~~i~~
1< > !occurred. In so doing, it is inescapable to conclude that the panel found thatlfil]
l~~~~~~'tc
!reported an untruth--the events she alleged happened that night did not occur according to
the evidence.

I

The panel, then, found that~reported
a narrative of events that did not occur . Nor could
believed they occurred. The discrepancy between the
she, as a reasonable person~takenly
events in my account an (b)(6),(b)(?)(C) is such that no reasonable person could possibly have
conflated the two narratives. The narratives are so different that if one narrative occurred the other
could not--nor could the other person reasonablv have believed that the other set of events had
nrr11rrPrl
l(b)(6),(b)(?)(C)
I
(b)(6),(b)(7)(C)

. no reasona bl e b as1s
. un d er w h'1c (C)
(bl(5l,(b)(?) cou Id h ave b een un d er t h e 1mpress10n
.
. t h at
If t h ere 1s
5
the events she alleged occurred, the only reasonable conclusion is that !~~,<),(b)({) ~nowin gly brought
forward a false accusation, thereby committing fraud . This fraudulent accusation is a violation of all
the above quoted violations of university policy, which the university expressly says ordinarily
result in "temporary or permanent separation from Yale College."
Additionally, as I point out in my wrongfully withheld Opening Statement, many of (b)(5),(b)(?)(C)
ancillary claims and supporting narratives were fraudulently brought. I provide the evidence for
this there . At the very least, these fraudulent claims constitute multiple violations of Statute I of the
Undergraduate Regulations.
It is a testament to the bias and discrimination of this panel that the issue of fraud, which should
have been the panel's most obvious conclusion based on their own findings, was not explicitly
addressed in their Find ings of Fact. Only a heavily biased and discriminatory panel could have
omitted such an obvious and natural conclusion from their findings. The panel, unbelievably, finds
an artful way to tactfully hide this obvious and necessary conclusion.
5

Additionally, given the panel's findings that the events alleged b (~( ),(b)(?) did not occur l~~,m·
(b)(5),(b) treatment of me in the aftermath of the events, i (b)(5),(b)(?)(C)
constitutes

I

int entiona l inflict ion of emotiona l distress, creating a hostile learning environment , and is therefore
a violation of Title IX.The panel did not consider this allegation, either, in their findings , in violation
of Title IX,which requires the panel to adequate ly address the claims of emotional distress of both
genders equally. Not only did the panel presume emotional distress on the part of the
j<b)(6),(b)(7)(C)
!when the evidence showed that claims of such distress were unfounded, the
panel did not even bother to address my claim of emotional distress, which the evidence supports.

12

 The presumption in favor of the complainant and the ignoring of the claims of the accused is gender
bias, pure and simple, and a violation of Title IX.
5
. furt her unc l ear w h at l(b)(
It 1s
. ),(b)(?)(C) jr means w h en h e says: "Consistent wit h past pract ice, t h e
UWC would not accept jurisdiction over such a complaint if it were filed." The university must
provide a forum through which such violations of university policy are dealt with. Given that
accusations of sexual assault are ordinarily made by women against men, involve sexual conduct ,
and if false are discriminatory based on the respondent's gender, the university's failure to
adjudicate such a claim would also constitute a violation of Title IX.

Moreover, given that the university has a special panel for sexual assault, a complaint usually
brought by women against men, as made clear in the "Dear Colleague" letter, the university must
provide an equal avenue for grievances involving allegations of fraudulent accusations, a complaint
usually brought by men against women . This is clearly stated in the "Dear Colleague" letter:
...Title IX regulation requires schools to provide equitable grievance procedures (page 10) .
The university, then, has an obligation under Title IX to adjudicate my claims in an equitable
manner to how it adjudicates claims of sexual harassment.
(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

.
· ou t rageous th a (bl(5 ),(b)(?) (C)
It 1s
e 1·1eves t h e pane l's cone 1us10ns
were b ase d on t h e ev1·ctence
when the panel was not given the opportunity to read my Opening Statement, which included many
evidentiary documents and arguments that the panel was precluded from seeing . The process
which Jed to the panel's findings not in my favor were obstructed by the University's not giving my
Opening Statement to the panel, as required by the Procedures, which state:

------

...and they may provide a written copy of their statements to the panel at the hearing (7.4).
(b )(6),(b )(7)(C)

defends this by stating:

13

 The panel accepted but did not read the written version of your opening statement. Because
the panel did not use the written version of your opening statement in making its decision,
your written statement was not included in the material supplied to Dean Cooley.
What can "accepted but did not read" mean? If the panel did not use my statement to make their
decision, and further, if my decision was then not forwarded to the Decision Maker because it was
"not used," then the word "accepted" becomes meaningless. The panel then did not "accept" my
Opening Statement.
The UWC's failure to forward it to the Decision Maker was then a further violation of the
procedures.
The University also unfairly redacted my response to the Decision Maker, Dean Cooley, by redacting
from it many arguments and evidentiary documents I provided as part of my response. There is no
basis within the procedures for such a redaction.

The No Contact Order is unfair. discriminatory. and illegitimat e and creates an unsafe.
hostile environment for the accused
r)(6) ,(b)(7)(C)
l<b_)<_6)_,(b_)
...
<_7)_<c_) ____________________________________________________

___.!
therefore

constitute harassment and intimidation under Title IX,an environment that must be corrected by
the University, as called for by the "Dear Colleague" Letter.

If a school knows or reasonably should know about student-on-student harassment that
creates a hostile environment, Title IX requires the school to take immediate action to
eliminate the harassment, prevent its recurrence, and address its effects (page 4).
An assurance that the school will take steps to prevent recurrence of any harassment and to
correct its discriminatory effects on the complainant and others, if appropriate (page 9).
Harassment creates a hostile environment when the conduct is sufficiently severe,
pervasive , or persistent so as to interfere with or limit a student's ability to participate in or
benefit from the services, activities, or opportunities offered by a school. When such
harassment is based on race, color, national origin, sex, or disability, it violates the civil
rights laws that OCR enforces . (OCRDear Colleague Letter, 2010.)

14

 (b)(6) ,(b)(7)(C)

Conclusion
!(b)(6),(b)(7)(C)

This entire case should never have been brough q._
______
therefore an act of harassment against me.

I

_,and its ad jud ication was

15

 The factfinder's many instances of bias and negligence, and particularly her hiding and
misrepresenting certain facts from the panel, along with the university's restricting the panel from
reading my Opening Statement, wevented the anel from hearin the case a
It
particularly with reference to m (b)(5),(b)(?)(C)
_____
o inappropriately influenced the panel td(b)(6),(b)(7)(C)

I

-----

as well as influenced the wording of the panel's findings, which were discriminatory
and accusatory.
The university also redacted my response to the factfinder and to the Decision Maker unfairly .

Given these procedural errors which "prevented the hearing panel or the decision maker from
judging the matter fairly" The panel must rehear these allegations and make a decision when a
whole and unbiased presentation of the facts is presented .
(b)(6),(b)(7)(C)

(b)(6),(b)(7)
(C)

This is the university's last opportunity to rectify a long history of discriminatory actions against
me. I urge you to act appropriately .

16

 Yale OFFICE

OF THE PROVOST
PO Box 208365

CONFIDENTIAL

T 203 432-4444
F 203 432-0 161

provost.ya lc.cdu
co11ner

(b )(6) ,(b )(7)(C)

Dea

1 H illhouse Avenue
New Haven CT 065 11

(b) (6) ,(b )(7)(C)

I

I am writing in response to your appeal of Dean Cooley's decision regarding the complaint tha~

~ brought against you to the University-Wide Committee on Sexual Misconduct ("UW~
~
ewed carefu lly the relevan t material and the procedures of the UWC . My decision is to uphold
the decision of Dean Cooley.
Under the UWC' s procedures , "[t]he only grounds for appeal are (i) procedural error that prevente d the
hearing panel or the decision maker from jud ging the matter fairly, or (ii) the discovery of facts that
were not reasonably available to the appealing party prior to the UWC hearin g and that support or refute
the allegati on of sexual misconduct." Although your appeal raises both factual and procedural issues, the
factual issues do not involve "facts that were not reasonably available to you prior to the UWC hearing."
Consequently, I considered solely whether any issues you raise constituted procedural error that
prevented the panel or the decision maker from judging the matter fairly .
Because the anel made no findin s a ainst ou in considerin

the issues I focuse d on

(b) (6) ,(b )(7) (C)

(b )(6) ,(b )(7 )(C)
(b )(6) ,(b )(7)(C)

I do not find any procedural errors that impacted the fair adjudication of these issues.

Sincerel y,
(b )(6) ,(b )(7)(C)

Ben Polak
Provo st
William C. Brainard Profe ssor of Economics
(b )(6) ,(b )(7) (C)

Cc:

 (b )(6),(b )(7)(C)

D ea

(b )(6),(b )(7)(C)

. . to fil
l .
. (b)(6),(b)(?)(C) 1or
"
.
1 e a comp amt agams
ma k.mg f rau d u lent a llegatrons
an d
I am wntmg
supporting claims against me in a case before the UWC.
Sincerely ,
(b )(6),(b )(7)(C)

 (b)(6),(b)(7)(C)

Dear

(b)(6),(b)(7)(C)

I am attaching my complaint agains~ (b)(6),(b)(?)(C) !who made fraudulent claims against me to
members of the Yale College community and before the UWC in UWC case re: !(b)(6),(b)(7)(C)
In bringing her allegation to the Title IX Office1(b)(6),(b)(?)(C)
!(b)(6),(b)(7)(C)
!knowingly supplied false information, including allegat ions and
,(b)(7)(C)
supporting claims, to facilitat ~(b)(6)

I

I

r X6),(bX7XC)

(b)(6),(b)(7)(C)

The UWC procedures state:
Parties and witnesses must provide truthful information in all phases of a UWC proceeding.
Failure to provide truthful information or any attempt to impede the UWC process may
result in a recommendation for a more severe penalty or a referral for discipline.
Yale College policy states:
2. Its belief that physical restriction, coercion, or intimidation of any member of that
community is contrary to the basic principles of the University. (Yale College
Undergraduate Regulations, page 4)
3. Its expectation that such action will ordinarily result in temporary or permanent
separation from Yale College. (Yale College Undergraduate Regulations, page 4)
It further prohibits the following behavior:
E. Harassment , intimidation, or coercion
Acts of harassment, intimidation, or coercion, includin g harassment on the basis of
race, ethnic origin, gender, or sexual orientation. (Yale College Undergraduate
Regulations, page 7)

I. Misconduct at a formal hearing
Deliberate and knowing misrepresentation or lying during a formal hearing
conducted by University author ities. (Yale College Undergraduate Regulations, page
7)

 The University also says:
The Univers ity is committed to providing an environm ent free from discrimination on the
basis of sex. (http://provost.yale.edu/title-ix)

!

5).(b)({)
In filing a fraudulent claim against me, and in making fraudulent supporting claims ,!~~~
violat ed university and UWCpolicies which prohibit lying during a formal hearing and/ or at all
phases of a UWCprocess.
5
(b)( ),(b)(?)(C)

complaint was also an act of harassment against me, which violates Yale College policy.
harassment of me was made on the basis of sex, which is also a violation of Title IX.

(b)(6 ),(b)(?)

in making fraudulent claims about me to members of the Yale College community,
created a hostile environment on campus, in addition to the hostile environment she created
through bringing fraudulent claims against me to the Title IX Office.
Not all my claims o (b)(5),(b)(?)(C) fraud were brought before the panel, as I was not given the time to
articulate all of them, an t e panel was not given the opportunitB to read my Opening Statement,
which included many of these claims. I was not informed of all of J \(6).(6)(/j allegations until the
factfinder's report came out, and was therefore not given the opportumty to respond to all of them,
as the 10 minutes I was allotted during both the opening and closing statements were not enough
,(6)({) !accusations and to also point out all the instances of her
time to defend myself against 1~~_(6)
fraud.

I

I file this complaint to address the significant amount of harassment I experienced from!~~,(6).(6)(/j
!and to address the hostile environment created through this harassment, and
which I continue to experience on this campus.

!(b)(6),(b)(7)(C)

If the university believes complaints brought against a complainant are definitionally considered
retaliation, then the university allows an environment where complainants are free to lie when
making complaints, creating a perverse and discriminatory justice system. Being that complaints
are generally against men, precluding complaints against complainants would also be a violation of
Title IX.
5),(6)(/j !central
The panel already credited my account , and in so doing, implicitly found thad~~,<
5
complaint/narrative did not occur, meaning that, on the evidence, !~~\(),(b)(?) lied about her central
complaint.

!

The panel also did not bother to adjudicate whethe (b)(5).(b)(?) lied in her supporting narratives, a
claim I made, and provided evidence for, in many of my arguments in my Opening Statement. I
remind you again that this statement was not shown to the panel.
The UWCis authorized by Yale to hear th is complaint as it meets all the requirements outlined
here:
The University-W ide Committee on Sexual Misconduct ("UWC") provides an accessible,
representative, and trained body to answer informal inqu iries and fairly and expeditiously
address formal and informal complaints of sexual misconduct. Any current or former Yale

 faculty member, [1] trainee, student, or managerial or professional employee ("staff
member" [2]) who wishes to bring a claim that he or she has been harmed as the result of
sexual misconduct may bring a complaint to the UWC,so long as two conditions are met:
First, the person accused of sexua l misconduct must be a Yale faculty member, trainee,
student, or staff member at the time the complaint is filed.[3) Second, the alleged
misconduct must have occurred at a time when all parties were Yale faculty members,
trainees, students, or staff members. Please note: Only students and trainees may bring
complaints to the UWC against staff members,[ 4) and the UWC is not empowered to hear
complaints made by or against members of Yale's collective bargaining units or excluded
clerical and technical employees (UWC Procedures).
Although the procedures state:
The UWCwill not enterta in a new complaint if it has already adjudicated a formal complaint
based on the same set of circumstances (UWC Procedures) .
5>,{b)(rj
this complaint has not been previously adjudicated, as the panel did not address whethe~~~,<
committed fraud or lied in a UWCprocess in violation of UWC Procedur es and Yale College policy.
The panel also did not hear all my allegations of (b)(5),(b)(?) fraud as they were not given my
"Opening Statement'' and I was not allowed the time to address all these allegations in my opening
and closing statements.
l(b)(6),(b)(7)(C)

f

According to the "Dear Colleague" letter, "...Title IX regulation requires schools to plf ftB)rt?T table
grievance procedures" (page 10). I therefore request equ itable procedur es to those c '
was
given in her allegations against me.
If you believe another university forum is the appropriate venue for this complaint, then I ask that
you explain your decision and forward this complaint to the appropriate venue, with the
confidentiality this complaint deserves .
Sincere} ,
(b)(6) ,(b)(7)(C)

 Yale University

UNIVERSITY -WID E COMMMITTEE
ON SEXUAL MlSCONDUCT
PO Box 208365
New Haven CT 06520-8365
T 203 432-4441
F 203 432-9957

(b)(6),(b)(7)(C)

courier
1 Hillhouse

Avenue
New Haven CT 06511

Delivered by Electronic Mail
(b)(6),(b)(7)(C)

Dea

(b )(6),(b )(7)(C)

I am writing in response to your letter arif£'wlrt
dated tbX'l ,(bX?XC) I am declining to accept
jurisdiction over your complaint against (C) •
for the following reasons.
(b)(6),(b)(7)(C)

~gest
that because the panel "credited your account," it therefore " implici t ly found tha~
~central
complaint/narrative did not occur, meaning that, on the evidenceJ~n<6 ),(b)(?) ! lied about
her central complaint." A panel's failure to find sufficient evidence to support a claim is not equivalent
to a finding that the claim is false.

l

In its report, the panel described "being fully sympathetic td!~f 5J,(b)({) experience and appreciate[d]
that she felt dislocated and distressed by her interactions with [you] ..." Such concerns on the part of the
panel, after assessingthe facts presented in the fact-finder's report as well as your testimony, suggest
that, although the panel may have found the evidence of misconduct insufficient, the panel did not find
evidence of dishonesty or abuse of process on the part of !~~1<6 ),(b)(?)

!

The UWC will not consider a claim that could have and should have been brought at the same time that
all other issues related to this matter were being carefully reviewed.
For these reasons, the UWC declines jurisdiction over your complaint.

Sincere iv
(b)(6),(b)(7)(C)

cc:

(b )(6),(b )(7)(C)

  

 



 

UWC File

 

(b)(6),(b)(7)(C)

I

Dear r )(6),(b)(7)(C)

. to ou to bnng
. a comp Iamt
. b e1ore
'
. Comm1ttee
.
. i (b)(6).(b)(tj
I wnte
t h e Ya Ie Co IIege Execut1ve
agams
(c)
(b)(6),{b)(7)(C)
'-·--~

1~~)(lbrought
5),(b)({)

5),(b)({)
a false complaint against me before the UWC.The proceedings ended 1~~)<

Yale College Policy states:
2. Its belief that physical restriction, coercion, or int imidation of any member of that
commun ity is contrary to the basic principles of the University. (Yale College
Undergraduate Regulations, page 4)
3. Its expectation that such action will ordinarily result in temporary or permanent
separation from Yale College. (Yale College Undergraduate Regulations, page 4)
It further prohibits the following behavior:
E. Hara ssment , intimidation, or coercion
Acts of harassment, intimidation, or coercion, including harassment on the basis of
race, ethnic origin, gender, or sexual orientation. (Yale College Undergraduate
Regulations, page 7)

I. Misconduct at a formal hearing
Deliberate and knowing misrepresentation or lying during a formal hearing
conducted by University authorities . (Yale College Undergradu ate Regulations ,
page 7)

 The UWC procedures state :
Parties and witnesses must prov ide truthful information in all phases of a UWC
proceeding . Failure to provide truthful information or any attempt to impede the UWC
process may result in a recommendation for a more severe penalty or a referra l for
discipline .
6
The panel in the case found evidence that I did not assau1tfW J,(bj(l) ~s she alleged . ............................
--.
Pre onderance of the evidence, the standard used by the <lWc
and as explained by!<b)(6),(b)(?)(C)
(b)(6),(b)(?)(C)
dictates that if based on the evidence, one account is more likely than
anot er; t e pane must credit the account more likely. The nature of the case was such that if my
account of the events is credited , it was not possible for (b)(5),(b)(7) to have been under the
impression of h vin been assaulted . Being that there was evidence for my account, and none
found fo (C) '
my account was therefore more likely by the preponderance of the evidence.
5

I therefore first and foremost bring forward a complaint tha ~~)<),(b)(?) knowingly brought a false
allegation of sexual assault against me before the UWC.

Many of the above allegations were proven false--not just Jess likely-- by my evidence and proofs.
In short , <~<5),(b)(?) lied. And she lied about facts and claims that cannot be attributed to
misremem ering.
Addition ally, some of her lies were verifi able. The very fact that she asserted them without her
first making the effort to make sure her facts were true at the very least suggests that her
allegations were asserted to harass me . As such, her strategy would be that even if she cannot
ultimately prove her claims, merely making them puts me under scrutiny that interferes in my
life and education, which they did.

!

5!.(b)(/j
allegation that my texts to her were
I further contend, based on the evidence, that !~~}
harassment constitutes a frivolous allegation, and is therefore a violation of Yale's policy
prohibiting har assment against other students. During the proceedings I put forw ard these texts,
which the panel found did not constitute har assment. Nor can these texts be interpreted as
harassment by any reasonable person .
(b )(6),(b )(7)(C)

The panel in the UWC case did not directly address any of these issues .

 I ask that this complaint be broug
e Executive Committee to resolve the hostile
5
~<),(b)(?) false complaint, fraud, lies, and frivolous
environment I experienced due to <
complaints before the UWCduring the hearing process.
Sincerely,

l(b)(6),(b )(7 )(C )

 (b)(6),(b)(7)(C)

Dea~(b)(6),(b)(7)(C)

I am writing in response to your dismissal of my complaint against (b)(5),(b)(?)(C)

will address (1)

your claim that the panel did not find sufficient evidence, (2) your claim that the panel's
sympathy toward~
indicates they do not believe she committed fraud (3) your claim that
I had the opportu~e
my complaint during the process but failed to do so, an (b)(5),(b)(?)(C)
l(b)(6),(b)(7)(C)
1. You write that:
A panel's failure to find sufficient evidenc e to support a claim is not equivalent to a finding

that the claim is false .
The panel did not "fail to find sufficient evidence ." The panel found evidence against her claim:
r X6),(bX7XC)

If the panel believed tha J<b)(5),(b)(?)(C)

!did not constitute evidence, they could have simply left

out that data and reached the same conclusion. The fact that they included it shows they believed
it to be evidence.
As no evidence was presented to confinn l<b)(5).(b)(?)(C) !account , this constitutes preponderance of
the evidence. The panel must decide "whose narrative is more likely" according to (b)(6),(b)(?)(C)
based on the evidence , both for my complaint and for hers . Because there is evidence for my
claim and none for hers, there is no conclusion possible but that my narrative is more like ly. To
say otherwise would mean I need to have more than a preponderance of the evidence to prove
my claim, which violates UWC procedures and Title IX rules on equality.
To suggest there needs to be "sufficient evide nce to support a claim" is to suggest there is a
burden of proof . Bu (b)(5).(b)(?)(C) xplicit ly info rmed me that no burden of proof exists in UWC
procedures .
(b)(6),(b)(7)(C)

 2. You say that because the panel was

l

... fully sympathetic to !~~,<5),(bj(lj
experience and appreciate(d] that she felt dislocated
and distressed by her interactions with (you] ..." Such concerns on the part of the panel,
after assessing the facts presented in the fact-finder 's report as well as your testimony,
suggest that, although the panel may have found the evidence of misconduct insufficient
the panel did not find evidence of dishonesty or abuse of process on the part of (b)(5),(b)(7)(C)
Yet ou leave out the next words, (b)( ),(b)(?)(C)
The panel was addressin~ (b)( ),(b)( )(C) I
~~~~------------,..
__
__,
6
7
...
<b_)<_)_,(b_)<
__
)<C
_)___________
,rfter the central event in quest ion, as further evidenced
5

5

7

by
these words be ing in the section !(b)(6),(b)(7)(C) ~ nd not in the section addressing sexua l assau lt. The
5),(b)(() !did in fact see me around campus and received texts from me, and the
panel found that !~~\<
pane l gives her the benefit of the doubt that she felt distressed by these interactions . This has
nothing to do with whether or not she fabricated the allegation of sexual assault, on ly with
whether she felt distress upon seeing me around campus, another issue entirely . You conflate the
two issues in error. This also says nothing about the many other liesl~~1<6),(b)(() !made throughout
her testimony to the factfinder.
(b)(6),(b)(7)(C)

 Further, after the factfinder's report was released I wrote a response as part of my Opening
Statement, which I was told b~(b)(5),(b)(7)(C) !would be given to the panel. The large amount of new
information included in the factfinder's report , that I was not informed of during the factfinding
process, precluded me from addressing all the issues during the limited time I was given for my
opening and closing statements. I was also told before I gave my closing remarks that the panel
would be allowed to read my Opening Statement. I relied on this informat ion, which was then
changed after the hearing without my knowledge, as the university then withheld this statement
from the panel.
My complaint is included in my Opening Statement. Precluding the panel from reading the
statement, especially after I was told before and during the hearing that they would be allowed
to read the statement, and then saying I cou ld have brought the complaint at the time but failed to
do so, is further duplicity.
Furthermore, some of the claims I make in my letter to you were made during the proc ess but
ignored by the panel. For example,l<b)(6),(b)(7 Hasserted th at she cut off all contact with me
5
immediately after the alleged assault, which I proved not true. 1~~)<
>,(b)(/j jwas forced to retract this
claim when confronted with the evidence.
(b)(6),{b)(7)(C)

The panel ignor ed the claims and evidence I presented and did not make any conclusions about
these lies, all which were verifiably false.
(b)(6),{b)(7)(C)

 (b)(6),(b)(7)(C)
(b)(6),{b)(7)(C)

L....------------1:
motive, and isolates some

The current fraud claim is addressing content, not
~~~~ ~
of (b)(5),(b)(7)(C) claims and examines them in light of my evidence and

the panel's own finding of fact that proves such claims to be false.
(b)(6),(b)(7)(C)

l(b)(6),{b)(7)(C)
l<b)(6),(b)(7)(C)
!My allegation of fraud is not speculative . I have full knowledge of wh at happened
on the night in question as well as other nights and even~ }~\(5),(b)(?) !misleadingly alleged as
statements of fact.l{b)(6),(b)(7)(C)
(b)(6),(b)(7)(C)

Request for Clarification
5
You have the power to ask the panel to clarify their position on whether !~~l<J,(b)({) !fraudulently
brought this complaint forward, or lied at any point during her complaint , instead of relying on
obtuse inferences. I ask you to ask the panel to clarify their findings on the matter, using~
5),<b)(/j ~efinition of the preponderance of the evidence .

j~~
,<

I point out that withholding my written opening statement from the panel is a violation of UWC
procedures and specific guarantees made during the hearing . Any decision of the panel that is not
in my favor without the panel reading my Opening Statement would be continued abuse of
process.
Sincerely,
(b)(6),(b)(7)(C)

 Gmai
Executive Committee Complaint

(b)(6),(b)(7)(C)

l(b)(6),(b)(7)(C)
l(b)(6),(b)(7)(C)

Cc: "Mahurin, Sarah" <sarah.mahurin@yale.edu >
(b )(6),(b )(7)(C)

Dear

I appreciate your reque st and I have replied to you previou sly as to how thi s process is handled in Yale College.
I have also consulted with colleagues for verification of ExComm's role in this situation .

5

The Executive Committee cannot hear your complaint against (bl< l,(b)(?)(C)
As a general matter , we do not accept
complaint s brought by student s, unless the complaint is brought by an administrator, who explains why the
complaint should be heard by the Executive Committee . In your particular case, I have already explained that
we will accept a complaint arising from a previous UWC proceeding, when recommended by the
administrators in charge of that proceeding. To accept a complaint without this requirement could
inadvertently subject a party to a second adjudication on the same set of circumstances as well as lead to
confusion regarding jurisdiction over a particular matter .

To this end, I cannot reply to any further communications on this subject and I consider this matter closed
unle ss I hear directly from an admini strator in the UWC.

Sincerely yours,

(b )(6),(b )(7)(C)

(b)(6),(b)(7)(C)

 (b)(6),(b)(7)(C)

)(6),(b)(7)(C)

Subject: Re: Executive Committee Complaint
(b)(6),(b)(7)(C)

Dear

I have not heard back from your office regarding resolution of my complaint. I am hoping to hear back from you soon,
so this complaint can be resolved promptly.

Thank you ,
(b )(6),(b )(7)(C)

Qn l(b)(6),(b)(7)(C)

! wrote :

(b )(6),(b )(7)(C)

Dear

I write to inform you that I had my residential college dean submit my complaint on my behalf .

As you note, a student complaint can only be submitted in conjunction with his or her residential college master,
residential college dean , a member of the Yale College Dean 's Office , a human relations counselor , a member of
the President's Committee on Racial or Ethnic Harassment, or the University Police . The UWC Chair or Secretary
are not one of those people . While their procedures state they may refer someone for discipline for lying, this does
not give them sole jurisdiction to do so. Indeed, there is nothing in the Undergraduate regulations which gives them
this privilege .
(b )(6),(b )(7)(C)

I am therefore bypassing the UWC in bringing this complaint to your attention .

I

Sincerely,

 l(b)(6},(b)(7)(C )

Q

r X6),(bX7XC)

nrb

)(6),(b )(7)(C)

Dear

!wrote
:

-----(bJ(6J,<bl(7J<Cl

Thank you for contacting the Executive Committee and submitting a complaint for our consideration . As we
carefully reviewed your letter, we note that the Executive Committee cannot accept your complaint , as the
Disciplinary Procedures provide that an undergraduate student may bring a complaint of an nonacademic
infraction to the attention of the chair only in conjunction with his or her residential college master, residential
college dean , a member of the Yale College Dean's Office, a human relations counselor , a member of the
President's Committee on Racial or Ethnic Harassment , or the University Police . This Committee does not
accept complaints directly from students.
Because your complaint relates to a matter initially addressed by the UWC, and the UWC procedures provide
that the UWC may refer for discipline students who are not truthful , the appropriate person to refer this matter to
the Executive Committee would be the Chair or Secretary of the UWC .
Best regards ,
(b)(6},(b)(7)(C)

Yale College
(b)(6},(b)(7)(C)

jjtl

(bX
6),(bX7XC)

(b )(6),(b )(7)(C)

)

I

Subject: Executive Committee Complaint

I
_______
l
(b}(6},(b)(7)(C)

Dear

Thankvau

r b)(6},(b)(7)(C)

_,and

(b)(6),(b)(7)(C)

 (b)(6),(b)(7)(C)

Dea~(b)(6),(b)(7)(C)
As you made clear, you do not believe the panel found that c '
w.:..1.
-~~~
~
assaulting her. You also refused to accept jurisdiction for penalizin
ver the numerous
falsehoods in her testimony before the UWC and you ignored my request that my complaint be
referred to the Executive Committee.
However, UWCpolicy is unambiguous in stating:
Parties and witnesses must provide truthful information in all phases of a UWC
proceeding. Failure to provide truthful information or any attempt to impede the UWC
process may result in a recommendation for a more severe penalty or a referral for
discipline.
f
h
.
(b)(6),(b)(7)(C)
f
I
C d . .
o ExComm, on ya UW a mm1strator can re er someone to t e
Accor d mg to
Executive Committee for violations of university policy committed during a UWC process.
It is indisputable that ll~A0 J,lDJUJI made numerous false statements in her testimony before the
uwq <b)(6),(b)(7)(C)
(b)(6),(b)(7)(C)

In short, (b)(5),(b)(7) lied, and she lied about facts and claims that cannot be attributed to
misremembering.
Addition ally, some of her lies were verifi able . The very fact th at she asserted them without her
first making the effort to make sure her facts were true at the very least suggests that her
allegations were asserted to harass me . As such, her strategy would be that even if she cannot
ultim ately prove her claims, merely making them puts me under scrutiny th at interferes in my
life and education, which they did .

<~>
,<6)
.<B!m_.Iallegation that my texts to her were harassment constitutes a frivolous allegation, and
.l...
2~
......._
__
is therefore a violation of Yale's policy prohibiting harassment against other students . During the
proceedings I put forw ard these texts, which the panel found did not constitute har assment. Nor
can these texts be interpreted as harassment by any reasonable person.

I

 r )(6),(b)(7)(C)

Whether or not ou believe the panel found that she lied about the actua l assault, you cannot
deny tha {b)( 5 ),(b)( 7 ) made these untruthfu l statements durin g the proceedings, and that these
statements constitute a violation of UWCpro ced ure s, which calls for a referral to ExComm for
discipline.
5
1therefore ask you to clarify why you declined my request tha~~~)< ),(b)(() !be referred to ExComm
for discipline .
Thankvou
(b)(6),(b)(7)(C)

 r X6),(bX7XC)

Reply

r

(b)(6),(b)(7)(C)

)(6),(b)(7)(C)

I O: 1(6)(6).(6)(7)(C)

____

(b)(6),(b)(7)(C)
Dea ....._

Your UWC case is closed and I am not willing to engage in any further discussion on this matter.
r )(6),(b)(7)(C)
Sincere!
(b)(6),(b)(7)(C)
._r_
)(-6),_(b-)(7-)(-C__________
)

____,!
wrote :

Attached is my reply.
(b)(6),(b)(7)(C)
On
..-e-a-tr (b)(6),<bl(7)(C)

wrote:

I am writing in response to youd<bl<5l,(bl<7l<Cl
j I know that you disagree with my reasoning and
conclusions · however, I am not willing to reconsider whether to accept jurisdiction over your complaint
against (bl<5l,(bl<7l<Cl

On r )(6),(b)(7)(C)

Dear -r-)(6
"),""-(b""'
)(7"""
)(C)
'""___

!wrote :
_

I am attaching a response to your letter from this Saturday.
(b)(6),(b)(7)(C)
(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)

 Yale University

'

U NI VE R.SITY -WJO E COMM Ml TTEE
ON SEX UAL MI SCON DUCT
PO Box l08365
New Have n CT 065io-8365
T 2034-32-444 1

CONFIDENTIAL

F '203 432-9957

couria
1 Hillho

use Avenue
New Have n CT •>6511

r )(6),(b)(7)(C)
Delivered

by Electronic Mail

(b)(6),(b)(7)(C)
(b)(6),(b)(7)(C)
(b)(6),(b)(7)(C)

I

I

Dear
The University-Wide Committee on Sexual Misconduct ("UWC") has received a
~~~:.:.: o"-4,
mplaint against you from (b)(6),(b)(7)(C)
(b)(5),(b)(7l
The complaint, filed on rl.:
<b~)
<~5)-::
,(b~
)<
~7l'"
<:c)-----.
"l'"
.......
--...------l
5
nonconsensual sexua l contact wit (b)( ).(b)(?)(C)
- a_J_e~
' s_s_e_xu- al- m
- is_c_o_n_d_u_c_t -p -ol-ic_y_._A
_ c_o_p _y _o"""
f-.1
the
!(b)(6),(b)(7)(C)
Hn violation o'"f~Y
sexual misconduct policy is attached. For further information regarding the
allegation, please see attached the complaint Please note, the UWC in reviewing
the facts presented during the formal complaint process may consider other
violations of the sexual misconduct policy or the Yale CollegeUndergraduate
Regulations that arise from and are directly related to the complaint.
Please read carefully the attached UWC Procedures which set forth the details of
UWC proceedings. I refer you in particular to section 7 of the procedures,
governing the "Formal Comp laint Process." As discussed in section 7.1 of the
procedures, a subcommittee of the UWC has determined that the UWC has
jurisdiction to hear this comp laint.
You may provide a written response to the comp laint and you may include
supporting documents and other evidence. If you wish to respond, please do so in
'*~~~...lal.l~
-..1.
mu.:
a~il to me within five days of this notice, i.e., by 5:00 p.m. on
L....-~~~~...._.....1
AII statements and other evidence you submit may be shared
with
I will inform you by e-mail when a fact-finder and hearing panel
have been appointed in this case.
I remin
there must be no contact - either direct or indirect - between
5
7
you and (b)( ),(b)( l and that UWC procedures specifically prohibit retaliation
against any person who brings a complaint or participates in the UWC process. A
Title IX Coordi nator may be in touch with you about the implementation of the no
contact order and any other interim measures. If it is found that you have not
complied with this requirement, that finding may lead to additional charges of
misconduct.

 (b)(6},(b}(7)(C)

Page

L

All UWC hearing participants are expected to keep confidentia l all aspects of the
UWC process as provided in the attached Statement on Confidentiality of UWC
Proceedings, which you are encouraged to read carefu lly.
Please note, you are encouraged to have an adviser of your choice to support you
througho ut this process. If you are intending to bring an attorney as your adviser,
please inform me at least four days in advance of any meet ing that the adviser will
attend. For further informatio n about the role of an adviser in UWC proceedings,
please see sectio n 5 of the UWC Procedures.

.

.

If you have any questions abo ut this process, please contact
a ~ <b)(6),(b)(7)(C)

I

l(b)(6},(b)(7)(C)

'-·---------'

Sincere ly,
(b )(6),(b )(7)(C)

cc:

r X6),(bX7XC)

UWCFile
Encl: Complaint
UWCProced ur es
Definitions of Sexual Misco nduct, Consent and Harassment
Statement on Confidentia lity of UWC Proceedi ngs

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(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)( C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedo m of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedo m of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withhel d pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withhe ld pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

 Page 0690 of 1164
Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

 Page 0692 of 1164
Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

 Page 0693 of 1164
Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of In formation and Privacy Act

 Page 0694 of 1164
Withhel d pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

 Page 0695 of 1164
Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

 Page 0696 of 1164
Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

 Page 0697 of 1164
Withhel d pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

 Page 0698 of 1164
Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

 Page 0699 of 1164
Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

 Page 0700 of 1164
Withhe ld pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Inf ormation and Privacy Act

 Page 0701 of 1164
Withhe ld pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Inf ormation and Privacy Act

 Page 0702 of 1164
Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of In formation and Privacy Act

 Page 0703 of 1164
Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

 Page 0704 of 1164
Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

 Page 0705 of 1164
Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

 Page 0706 of 1164
Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of In formation and Privacy Act

 Page 0707 of 1164
Withhe ld pursuant to exemption
(b )(5),(b )(6),(b )(7)(C)
of the Freedom of Inf ormation and Privacy Act

 Page 0708 of 1164
Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

 Page 0709 of 1164
Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Inf ormation and Privacy Act

 Page 0710 of 1164
Withhe ld pursuant to exemption
(b)(S)

of the Freedom of In formation and Privacy Act

 Page 071 1 of 1164
Withheld pursuant to exemption
(b)(S)

of the Free dom of Information and Privacy Act

 Page 0712 of 1164
Withhe ld pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Inf ormation and Privacy Act

 Page 0713 of 1164
Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

 Page 0714 of 1164
Withhe ld pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Inf ormation and Privacy Act

 Page 0715 of 1164
Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

 Page 0716 of 1164
Withheld pursuant to exemption
(b)(S)

of the Freedom of Information and Privacy Act

 Page 0717 of 1164
Withheld pursuant to exemption
(b)(S)

of the Freedom of Information and Privacy Act

 Page 0718 of 1164
Withheld pursuant to exemption
(b)(S)

of the Freedom of Information and Privacy Act

 Page 0719 of 1164
Withheld pursuant to exemption
(b)(S)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

 Page 0721 of 1164
Withhe ld pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Inf ormation and Privacy Act

 Page 0722 of 1164
Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

 Page 0723 of 1164
Withheld pursuant to exemption
(b)(S)

of the Freedom of Information and Privacy Act

 Page 0724 of 1164
Withheld pursuant to exemption
(b)(S)

of the Freedo m of Information and Privacy Act

 Page 0725 of 1164
Withheld pursuant to exemption
(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

 Page 0726 of 1164
Withheld pursuant to exemption
(b)(S)

of the Freedom of Information and Privacy Act

 Page 0727 of 1164
Withheld pursuant to exemption
(b )(5),(b )(6),(b )(7)(C)
of the Freedom of Information and Privacy Act

 Page 0728 of 1164
Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

 Page 0729 of 1164
Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

 Page 0730 of 1164
Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Inf ormation and Privacy Act

 Page 0731 of 1164
Withheld pursuant to exemption
(b)(S)

of the Freedom of Information and Privacy Act

 Page 0732 of 1164
Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of In formation and Privacy Act

 Page 0733 of 1164
Withhe ld pursua nt to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

 Page 0734 of 1164
Withheld pursuant to exemption
(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

 Page 0735 of 1164
Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

 Page 0736 of 1164
Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

 Page 0737 of 1164
Withheld pursuant to exemption
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of the Freedom of Information and Privacy Act

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 (b )(6),(b )(7)(C )

June 6, 2017
Ms. Candice Jackson
Acting Assistant Secre tary for Civil Rights
U.S. Department of Education
Office for Civil Rights
400 Maryland Avenue, SW
Washington, D.C.20202-1100
Dear Ms. Jackson:
I am writing to you with regard to my experience as the complainant in OCR Case No. OlMy understanding
is that with this communicat ion, like all commun ications I have had with OCRregarding my
complaint, my personal identifying information will be kept out of the public sphere, even
in the event of a FOIA request regarding my case.

l~~f5>
.(b)(/j
land as ~ (b)(6),(b)(7)(C)

I

I have followed your appointment closely , and am looking forward to the direction I
anticipate you will lead OCR.I have a very unusual background for a Yale student, and the
media narrative of your experience at Stanford as a political and cultural outsider
resonates with my personal experience at Yale and the subsequent discrimination I faced
there .
(b)(6),(b)(7)(C)

Second, I believe OCRseriously misleads complainants by stating: "A complaint must
ordinarily be filed within 180 days of the last act of discrimination 1 ." This phrasing
suggests that as long as the last act complained about is within 180 days of the date of the
complaint's filing, all acts complained about, even those before the 180 day deadline, are
timely . I had this understanding when I applied, and I know many others I talked to were
under the same understanding. OCR,however, somehow interprets the above statement to
1

https://www2 .ed.gov /about/offices/list/ocr/docs/howto.html

 mean "A complaint must ordinarily be filed within 180 days of the first act of
discrimination": only those acts within 180 days of the filing of the complaint are
considered timely. I fail to understand how the word "last" operates in this sentence
according to OCR's int erpretation. OCRthen uses this narrow and counter-intuitive
interpretation to reject many comp laint s it does not consider timely.
I expected I would be in for a long ride when I compla ined and OCR's first response was to
address me as Ms. despite my male first name. I interpreted this to mean that OCRassumes
those complaining of Title IX offenses are female, and perhaps evidence of a subtle gender
bias at OCR.
I do not know if my long wait has been because I am on the wrong side of the Obama
administration's politics, or because OCR's Title IX (mis)guidance has created a broken
system, and a conseq uent deluge of comp laint s it does not maintain the manpower to
process.
While I am grateful that OCRhas opened my compla int alleging ineq uality and unfair
manioulation of oroc ess bv Yale I was disheartened to learn that OCRdoes not consider
(b)(6),(b)(7)(C )

OCR's 2011 gu idance letter has been devastating to civil libertie s on campus. Because of
this guidance, when I was accused of sexual assault, I was told I was not allowed to confer
with an attorney, even though I was being accused of a crime that would constitute a felony
in court. I was told if I chose not to defend myself I would be found responsible and likely
expelled: because the university does not require a burden of proof to find responsibility they simply determine who they believe more-if I kept quiet they would simply believe
her. Because of OCRmandate, then, to stay in univers ity, I had to forego my basic
constitutional right to remain silent, and risk that my defenses, for which I was not allowed
to consult a lawyer, could later be used against me in a criminal process.
OCR's guidance that Title IX dictates an equality of process such that a defendant loses
almost all protections they would enjoy even in civil court blows the mind. Any person,
now, can accuse whomever they want, and needs no evidence to set in motion a process
that will destroy the respondent's life no matter what the finding is. Unlike civil or crimin al
courts, at Yale, for example, there is no standard of reasonable suspicion, probable cause, or
likelihood to convict; one needs simply to point a finger and a process is started that cannot
be stopped until the full process is completed. There is no motion to dismiss or motion for
summary jud gment. And given that the accuser does not need evidence to convict, a
respondent must spend months of their life, and perhaps tens of thousands of dollars, to
defend even the most frivolous of allegations-a huge loss even in the event of a
respondent's "win."

 Protections and safeguards that are used in conjunction with the preponderance of
evidence standard in civil court-and thereby justify using that standard in that forumare similarly lacking. There is no right to call or depose witnesses, to a discovery process,
swo rn testimony, cross examination, an attorney , not to self incriminat
· ct
to double ·eo ard or even a ri ht to innocence until roven otherwise (b)(5),(b)(?)(C)
(b)(6),(b)(7)(C)

(b)(6),(b)(7)(C)
1-

In a preponderance
--....- e-n-ce_,..o_r_m_u_,_
a_w_,..
e_r_e_c_r_
y....
in_g_t:-r-u_m_p_s_a_r_g_u_m_e_n~t~a":"'ti,-o-n-,
,.d-ef';"'"e-n""'ld:--'ant
men will al ways

.......

Additionally, the current cultural climate on campus, fused with the ideologues who selfselect to serve on university Title IX tribunals and institutional interests that include fear of
OCRinvestigations and negative PR by complainants suing or publically criticizing the
university as hostile to women, serves to create a deeply discriminatory environment for
ma le students.
Also ser iously invalidating the notion of equality is that while equality is used to nullify a
burden of proof, the complainant has immunity if she lies during the investigation or is
found to have committed sexual violence. The complainant does not need to prove
anything, can lie freely and could have committed any form of sexual violence; a
respondent, however, will be punished for any lies told during the process or for any other
infrac tion of university policy. Any counter-complaint will be considered retaliatory . Under
this model, then, equality is unidirectional in favor of the complainant.
Of course, the very notion pushed by OCRthat Title IX tribunals must themselves be equal
and contain no provisions to protect the accused from false accusations is itself a radical
interpretation of Title IX-a bridge too far-that belies our liberal tradition s of civil
liberties protection s and due process.
In this OCRcreated environment, immen se power is then consolidated in the hands of
accu sers and Title IX bureaucrats, and th ey can rui.n anyone's life under the guise of
"process, " creatin a hostile environment for male students on campus by the very virtue of
· tence.
(b)(6),(b)(7)(C)

,.__---:---~---:--:-----~-~~~---=.--~~
tools to wreak havoc on their ex's life at will.

Anyspurne

 Moreover, the Title IX officers themselves, drunk with their power, abuse it, as those with
unchecked power are wont to do. I
(b)(6},{b)(7)(C)

OCRhas so extended the definition of sexual harassment beyond the Supreme Court's
definition that virtuall all beni n actions between intim ate artners becomes fodder for a
tion.
(b)(6),(b)(7)(C)

...______________
_,Under OCR's definition of sexual harassment as any
unwelcome attention of a sexua l nature, all the above can be construed as sexual
harassment.
Throughout these processes, despite being the victim each time, I was hung out as the
perpetrator simply because I was male. Mv female abusers, however, were given free
passes and/or royal treatments.~
(b)(6},{b}{7)(C)

Ms. Jackson , if th ere is to be reason to this, please repeal th e 2011 OCR DCLthat inst itut ed
this madnes s, and bring back the great American traditions of civil liberties and due
process protections on campus. The eradication of civil libertie s in conjunction with
inqui sitory trials designed to alleviate moral panic has never led to positive results at any
point in world history.
Please feel free to follow up if you are so inclined, I would be gratefu l for the opportunity to
discuss this more with you in person. MAGA.
Sincerely
(b)(6),(b)(7)(C)

 (b )(6),(b )(7)(C)

July 18, 2017
Ms. Candi ce Jackson
Actin g Ass istant Secr etary for Civil Rights
U.S. Departm ent of Educat ion
Office for Civil Right s
400 Maryland Avenue , SW
Was hin gton , D.C. 20202-1100

Dear Ms. Jackson,
Thank you again for all your efforts to listen to wron I accused students at the Title
your dedicat ion
IX summit with Secretary Devos (b)(5),(b)(7)(C)
to fairness in Title IX, and your commitment to walking back the Obama
administration's OCR overreach.

I am following up to my earlier letter to you to ask you to review my OCR complaint
and investigation.
(b )(6),(b )(7)(C)

(b )(6),(b )(7)(C)

1

  



 

 

 

 



 

 

 

 



 

 

 



 

 

I

 



 

 

 

(b)(6)
,(b)(7)(C)

It would be very helpful to know whether my omitting these specific allegations from
my suit is enough so that there is no overlap between my lawsuit and the OCR
investigation.
At the moment, the attorney assigned to my case from the Boston office is refusing to
talk to me over the phone, and is refusing to elaborate via email.

It would also be extremely unfair for OCR to suspend my complaint due to OCR's
excessive procrastination in resolving my complaint, which gives me no choice but to
file a lawsuit on my own, a costly and time consuming endeavor. I gave OCR all the
time it needed to resolve the case before my statute of limitations expires.
The Washington Post's recent editorial caJling for your resignation was incredibly
unfair, and I want to let you know that you have our support. Incredibly, the Post's
unfounded claim that you perpetuated a myth about sexual assault was itself based on
a verifiable myth, and the Washington Post should be called out on this point. The
study they use to support their claim, that only 2-10% of sexual assault allegations
are false, is a verifiable and probably malicious manipulation of the data. The data in
the study refers to allegations of sexual assault reported to the police that are
investigated and found to be false. This is very different than allegations on campus,
6),(b)(7l<C)
which are rivate and have no repercussions for false reporting J<b)(
6
7
(b)(),(b)(l<C)
Moreover and most critically, the 2-10% statistic refers
to proven false allegations, not the rate of overall false reporting, which is unknown .

l

Another feminist talking point, that only 2-3% of reported accusations result in
convictions should be highly revealing. If up to 10% of allegations are proven false,
and only up to 3% are proven true, then false reporting may be up to 5 times as
prevalent as true accusations, meanim! an over 80% rate of false reoortim!--a number
7)<C)
5),(b)(
I
verv similar to the number vou used. l(b)(
(b)(6)
,(b)(7)(C)

 (b)(6),(b)(7)(C)

Again, thank you for all that you do. You have the support of our community 100%.
All the best,
r X6),(bX7XC)

4

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of the Freedom of Information and Privacy Act

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 To:

Hendel,
Caro
line
Pearthree
LouAnn

Su bj ect :
Da t e :

RE: OCR Case No. 01-15-2204
Monday , May 08, 20 17 2: 39:53 PM

From:

Just a quick FYI that I will be out of town starting Tuesday afternoon. Despite my away message, I will be seeing
emails, though my responses may be delayed.
Sincerely,
Caroline
-----Original Message----From: Pearthree , LouAnn [majfto·LouannPearthree@ed.gov
]
Sent: Wednesday, May 3, 2017 5:19 PM
To: Hendel, Caroline <caroline.hendel@yale.edu>
Subject: RE: OCR Case No. 01-15-2204
Absolutely, we are analyzing the complaint vis a vis our open case and hope to respond to you shortly. I apologize
for not letting you know.
-----Original Message ----From: Hendel, Caroline [majfto-caro)jne
hendeI@yale
edu]
Sent: Wednesday, May 03 , 2017 5:00 PM
To: Pearthree, LouAnn
Subject: FW: OCR Case No. 01- 15-2204
Dear Ms. Pearthree,
I am forwarding to you the email I just sent to Ms. Kalka, having received her response that she is now on leave. As
you may know, I reached out to her in your absence last week.
I am hopeful that you have had a chance to review the complaint I forwarded to Ms. Kalka. Please let me know if
you have any questions.
Sincerely,
Caroline Hendel
-----Original Message----From : Hendel, Caroline
Sent: Wednesday, May 3, 2017 4:57 PM
To: 'michelle.kalka@ed.gov' <rnichelle.kalka@ed.gov>
Subject: RE: OCR Case No. 01-15-2204
Dear Ms. Kalka,
I write just to check in on this matter. Of course, please let me know if you need any further information.
Sincerely,
Caroline
-----Original Message----From: Hendel , Caroline
Sent: Thursday, April 27, 2017 3:54 PM

 To: 'michelle.kalka@ed.gov' <michelle.kalka@ed.gov>
Subject: OCR Case No. 01-15-2204
Dear Ms. Kalka ,
.
.
. .
(b)(6),(b)(7)(C)
.
. .
.
Jg a copy of the amended complaint filed on
m Federa l D1stnct Court for
As ornw•sedraw aUcJCbt
5
the l(b)( ),(b)(?)(C)
by the complainant. I think you will see that t ea egat1ons m the OCR complaint , at
least as the University understands them, have been filed against the University in this action in Federal Court.
J look forward to hearing from you.
Sincerely,
Caroline Hendel
Caroline G. Hendel
Senior Associate General Counsel
Yal e University
Office of the Vice Preside nt and General Counsel
2 Whitney A venue , 6th Floor
New Haven, CT 06510
203-432 -4949

 To:

Hendel,
Caro
line
Pearthree
LouAnn

Su bj ect :
Da t e :

RE: OCR Case No. 01-15-2204
Wednesday, May 17, 2017 6:34:03 AM

From:

Dear Ms. Pearthree ,
I hope you don't mind my checking in again on your progress with your review of this complaint.
Thank you,
Caroline

-----Original Message----From: Hendel, Caroline
Sent: Monday, May 8, 2017 5:40 PM
To: 'Pearthree, LouAnn' <Louann.Pearthree@ed.gov>
Subject: RE: OCR Case No. 01-15-2204
Just a quick FYI that I will be out of town starting Tuesday afternoon . Despite my away message , I will be seeing
emails, though my responses may be delayed.
Sincerely,
Caroline
-----Original Message ----Pearthree@ed
gov]
From: Pearthree, LouAnn [mailto-Louann
Sent: Wednesday, May 3, 2017 5:19 PM
To: Hendel, Caroline <caroline.hendel@yale.edu>
Subject: RE: OCR Case No. 01-15-2204
Absolutely, we are analyzing the complaint vis a vis our open case and hope to respond to you shortly. I apologize
for not letting you know.
-----Original Message----hendeI@yaJe
edu]
From: Hendel , Caroline [maj)to"carohne
Sent: Wednesday, May 03, 2017 5:00 PM
To: Pearthree, LouAnn
Subject: FW: OCR Case No. 01- 15-2204
Dear Ms. Pearthree ,
I am forwarding to you the email I just sent to Ms . Kalka, having received her response that she is now on leave. As
you may know, I reached out to her in your absence last week.
I am hopeful that you have had a chance to review the complaint I forwarded to Ms. Kalka. Please let me know if
you have any questions.
Sincerely,
Caroline Hendel
-----Original Message ----From: Hendel, Caroline

 Sent: Wednesday , May 3, 2017 4:57 PM
To: 'michelle.kalka @ed.gov' <michelle.kalka@ed.gov>
Subject: RE: OCR Case No. 0 l- 15-2204
Dear Ms. Kalka,
I write just to check in on this matter. Of course, please let me know if you need any further information.
Sincerely,
Caroline
-----Original Message ----From: Hendel , Caroline
Sent: Thursday, April 27, 20 17 3:54 PM
To: 'michelle.kalka @ed.gov' <michelle.kalka@ed.gov>
Subject: OCR Case No. 01-15-2204
Dear Ms. Kalka,

Alorarnised
I aw auacbif g a copy of the amended complaint filed o
5

(b )(6),(b )(7)(C)

in Federal District Court for
th(b)( ),(b)(?)(C)
by the complainant. I think you will see that the allegations in the OCR complaint, at
least as the University understands them, have been filed against the University in this action in Federal Court.
I look forward to hearing from you.
Sincerely,
Cm:oline Hendel
Caroline G. Hendel
Senior Assoc iate General Counsel
Yale University
Office of the Vice President and General Counsel
2 Whitney A venue, 6th Floor
New Haven , CT 06510
203-432-4949

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(b)(S)

of the Freedom of Inf ormation and Privacy Act

 Page 1022 of 1164
Withhe ld pursuant to exemption
(b)(S)

of the Freedom of In formation and Privacy Act

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Withhe ld pursuant to exemption
(b)(S)

of the Freedom of In formation and Privacy Act

 Page 1024 of 1164
Withhe ld pursuant to exemption
(b)(S)

of the Freedom of Inf ormation and Privacy Act

 Page 1025 of 1164
Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withhe ld pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Inf ormation and Privacy Act

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Withhe ld pursua nt to exemption
(b)(S)

of the Freedom of Inf ormation and Privacy Act

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Withheld pursuant to exemption
(b)(S)

of the Freedom of Information and Privacy Act

 Page 1029 of 1164
Withhe ld pursuant to exemption
(b)(S)

of the Freedom of In formation and Privacy Act

 Page 1030 of 1164
Withheld pursuant to exemption
(b)(S)

of the Freedom of Information and Privacy Act

 Page 1031 of 1164
Withhe ld pursua nt to exemption
(b)(S)

of the Freedom of Inf ormation and Privacy Act

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Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of In formation and Privacy Act

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Withhe ld pursuant to exemption
(b)(S)

of the Freedom of In formation and Privacy Act

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Withhe ld pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withhe ld pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Inf ormation and Privacy Act

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Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of In formation and Privacy Act

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Withhe ld pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Inf ormation and Privacy Act

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Withhe ld pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Inf ormation and Privacy Act

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Withheld pursuant to exemption
(b)(S)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b)(S)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b)(S)

of the Freedom of Information and Privacy Act

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Withhe ld pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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Withhe ld pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Inf ormation and Privacy Act

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Withheld pursuant to exemption
(b)(S)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b)(S)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b)(S)

of the Freedom of Information and Privacy Act

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Withhe ld pursua nt to exemption
(b)(S)

of the Freedom of Inf ormation and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withhe ld pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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Withhe ld pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of In formation and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of In formation and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of In formation and Privacy Act

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Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of In formation and Privacy Act

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Withhe ld pursuant to exemption
(b)(S)

of the Freedom of Inf ormation and Privacy Act

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Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Inf ormation and Privacy Act

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Withhe ld pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Inf ormation and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Inf ormation and Privacy Act

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(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Inf ormation and Privacy Act

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(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of In formation and Privacy Act

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(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Inf ormation and Privacy Act

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(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Inf ormation and Privacy Act

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Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of In formation and Privacy Act

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(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of In formation and Privacy Act

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Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of In formation and Privacy Act

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(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of In formation and Privacy Act

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Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of In formation and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Inf ormation and Privacy Act

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(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of In formation and Privacy Act

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(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of In formation and Privacy Act

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(b)(S)

of the Freedom of In formation and Privacy Act

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(b)(S)

of the Freedom of In formation and Privacy Act

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Withhel d pursuant to exemption
(b)(S)

of the Freedom of Information and Privacy Act

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(b)(5)
of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b)(S)

of the Freedom of Information and Privacy Act

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(b)(S)

of the Freedom of Inf ormation and Privacy Act

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(b)(S)

of the Freedom of Information and Privacy Act

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(b)(S)

of the Freedom of Inf ormation and Privacy Act

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Withhe ld pursuant to exemption
(b)(S)

of the Free dom of Inf ormation and Privacy Act

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(b)(S)

of the Free dom of Inf ormation and Privacy Act

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(b )(5) ,(b )(6) ,(b )(7) (C)

of the Free dom of Inf ormation and Privacy Act

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Withhel d pursuant to exemption
(b)(S)

of the Free dom of Inf ormation and Privacy Act

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(b)(S)

of the Freedom of Information and Privacy Act

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Withhel d pursua nt to exemption

(b)(5)
of the Freedom of Inf ormation and Privacy Act

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Withhel d pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Free dom of Inf ormation and Privacy Act

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(b )(5) ,(b )(6) ,(b )(7) (C)

of the Free dom of Inf ormation and Privacy Act

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Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Free dom of Inf ormation and Privacy Act

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Withhel d pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Free dom of Inf ormation and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Infor mation and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Free dom of Informa tion and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Infor mation and Privacy Act

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Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Informa tion and Privacy Act

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Withhe ld pursuant to exemption

(b)(5)
of the Free dom of Informa tion and Privacy Act

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Withhel d pursuant to exemption
(b)(S)

of the Free dom of Information and Privacy Act

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(b)(S)

of the Freedom of Informa tion and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Infor mation and Privacy Act

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Withhel d pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Free dom of Information and Privacy Act

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Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freed om of Inf ormation and Privacy Act

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Withhel d pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freed om of Inf ormation and Privacy Act

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Withhel d pursua nt to exemption
(b)(S)

of the Freedom of Inf ormation and Privacy Act

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Withhel d pursuant to exemption
(b)(S)

of the Freedom of Information and Privacy Act

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Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of In formation and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Free dom of Information and Privacy Act

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(b)(S)

of the Freedom of Information and Privacy Act

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(b)(S)

of the Freedom of Information and Privacy Act

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(b)(S)

of the Free dom of Information and Privacy Act

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Withhe ld pursuant to exemption
(b)(S)

of the Free dom of Inf ormation and Privacy Act

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Withhel d pursuant to exemption
(b)(S)

of the Free dom of Information and Privacy Act

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Withhel d pursuant to exemption
(b)(S)

of the Free dom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of Information and Privacy Act

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Withheld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Free dom of Information and Privacy Act

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Withhel d pursuant to exemption
(b)(S)

of the Free dom of Information and Privacy Act

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Withhel d pursua nt to exemption
(b)(S)

of the Free dom of Inf ormation and Privacy Act

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Withhel d pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Free dom of Inf ormation and Privacy Act

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Withhel d pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Free dom of Inf ormation and Privacy Act

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Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Free dom of Inf ormation and Privacy Act

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Withhel d pursuant to exemption

(b)(5),(b)(6),(b)(7)(C)
of the Free dom of Inf ormation and Privacy Act

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Withhel d pursuant to exemption

(b)(5),(b)(6),(b)(7)(C)
of the Free dom of Inf ormation and Privacy Act

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Withhel d pursuant to exemption

(b)(5) ,(b)(6) ,(b)(7)(C)
of the Free dom of Inf ormation and Privacy Act

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Withhel d pursuant to exemption

(b)(5),(b)(6),(b)(7)(C)
of the Free dom of Inf ormation and Privacy Act

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Withhel d pursua nt to exemption

(b)(5)
of the Free dom of Inf ormation and Privacy Act

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Withhel d pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7)(C)

of the Free dom of Information and Privacy Act

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Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freed om of Inf ormation and Privacy Act

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Withhe ld pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Free dom of Inf ormation and Privacy Act

 Page 1150 of 1164
Withhel d pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Free dom of Information and Privacy Act

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Withhel d pursua nt to exemption

(b)(5)
of the Freedom of Inf ormation and Privacy Act

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Withhel d pursuant to exemption

(b)(5)
of the Free dom of Information and Privacy Act

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Withhel d pursua nt to exemption

(b)(5)
of the Free dom of Inf ormation and Privacy Act

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Withheld pursuant to exemption

(b)(5)
of the Freedom of Information and Privacy Act

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Withhel d pursua nt to exemption
(b)(5)
of the Free dom of Inf ormation and Privacy Act

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Withheld pursuant to exemption

(b)(5)
of the Free dom of Information and Privacy Act

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Withhe ld pursua nt to exemption

(b)(5)
of the Free dom of Inf ormation and Privacy Act

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Withhel d pursuant to exemption

(b)(5)
of the Free dom of Information and Privacy Act

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Withhel d pursua nt to exemption

(b)(5)
of the Freedom of Inf ormation and Privacy Act

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Withhel d pursuant to exemption
(b)(S)

of the Free dom of Information and Privacy Act

 Page 1161 of 1164
Withheld pursuant to exemption
(b)(S)

of the Freedom of Information and Privacy Act

 From:

l(b)(6) ,(b )(7)(C)

To:

Peart
hree LouA
nn

Subject:
Date:

Monday, October 09, 2017 6: 18:53 PM

Inquiry from Yale Daily News

Dear Ms. Pearthree,
I hope this finds you well. I'm a reporter with the Yale Daily News. We recently became
aware of a complaint filed within OCR against Yale that was open for a period of
approximately five months . I'm hoping to confirm the time period and under stand why it was
closed. If you cannot comment on indiv idual cases, I'd love to to talk more broadly about the
circumstances of administrative closure.
I've also left a message on your office phone containing my phone number. If you have a
chance to sometime in the next day or so, I'd greatly appreciate it.
Thank ou,
(b)(6),(b)(7)(C)

l(b)(6),(b)(7)(C)

Yale University ' 18
l(b)(6),(b)(7)(C)

 Page 1163 of 1164
Withhe ld pursua nt to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Free dom of Inf ormation and Privacy Act

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Withhe ld pursuant to exemption
(b )(5) ,(b )(6) ,(b )(7) (C)

of the Freedom of In formation and Privacy Act