Morgan Lewis COUNSELGRS AT LAW MEMORANMJM PRIVILEGED ANB CONFEDENTIAL ATTORNEY CLIENT CGMMUNICATION TO: Sheldon Bonovitz Robert Mundheim Ned Montgomery FROM: John C. Dodds DATEI January 13, 2014 SUEJECT: The Curtis Institute ef MusieZSemmary ef investigatiee INTRODUCTION On February 17, 2013, Robert Fitzpatrick, the former Dean of ?the Curtis Institute of Music posted an essay en Slieped Disc entitled ?When Curtis was keewri as the Cei?tus institute,? Ce August 12,, 2013:, Laura St. Johri? a graduate 0f Curtis: sent a ierter t0 Roberto Dies in reactieri re Pitspatriek's essay in her letter, St. John expressed euirege as the essay in Eight 0f Fiizpetriek?s eileged haec?irigg durieg her time as a student, of whet she deseribed as her disclosure the}: former Curtis instruererg the iste Jaseha had sexually abused her. Merger: Lewis was retained to: advise Curtis as to whether it had any reperting obligations based en Sr. Jehn?s letter; advise Curtis as to the type and level of investigariee apprepria?e under the circumstances, and te conduct that investigaties; advise Curtis as is whether there is raising any cause for ceneern about the welfare and safety ef current students as Curtis; and advise Curtis as to any enhancements in policies and necessary ?e protect students geirig forward. This memorandum presicie s. summery repert ef ear eenelesiens arid EL DISCESSIGN s, Eireestigs?siei'iE Giver: the age of St. Jehn?s and series reieteei eireereseeseesj and em ef fer S?s, feim es the we determined the: ii: was spereprieie re begie by Se iei?ie sari re siiew her wishes re ieferrs eer path ferersre. Cessisieet see ieim?s iei?i?i?g i her egeei, Stephen messes; by letter dazed 95 2813, i seeks re Jessee es tree ?i?iie insersieses is this seeriee ere mesmerized ie memereses sires ere eeieg meieseiee? is; tire file ef Merger; {Jessie s?essasa Lease Les Judson reiterated St. ohn?s frustration with the Fitzpatrick essay, but made it clear that St. John did not Wish to communicate on the matter any further. This included St. ohn?s allegations that Fitzpatrick and Gary Graffrnan failed to properly address the situation when she was a student. Rather, her interest was in making sure that Fitzpatrick would not post any similar essays. Judson stated that St. John did not wish to speak with us directly, but that he had any information St. John could provide. Judson further stated that St. John has no information to suggest abuse by anyone besides Brodsky and no information to suggest any risk from anyone associated with Curtis. Judson made clear that St. John did not wish to provide any evidence or other information related to her alleged abuse by Brodsky, and that she had no evidence or other information to suggest any other past or present incidents of abuse. Judson indicated that he and St. John had consulted a Philadelphia law firm, and decided not to notify the police about the allegations or take any legal action. Judson stated that St. John did not wish to pursue the matter any further and that he did not think that it was in her interests to do so; rather, beyond receiving assurances that Fitzpatrick would post no further essays, St. John wanted only to put this matter behind her. Judson suggested that we conclude the matter by sending St. John a letter (through him) summarizing our efforts in response to her letter and generally describing the policies and procedures Curtis has in place for the protection of students. Gr: November 7, 3, interviewed Fitzpatrick by telephone. He stated he was surprised that he criticism for writing the essay. He stated that he wrote the essay in light of recent events in the UK. His intent was not to create the impression of problems at Curtis or any other US. institution, but to describe the kinds of positive measures Curtis and other US. institutions have taken over the years, and to argue that UK institutions need to get themselves up to the standards of their US counterparts in regard to the protectioo of students. Fitzpatrick stated that, to the extent that his essay was about Curtis, it referred to a period of time many decades ago. He denied knowledge of any student being subjected to sexual or physical misconduct daring or after his tenure at Curtis.2 He had no information to suggest that Curtis should have any present eoneerns about the ?a?eii?are of its students. He felt that good structures for the protectiou of students were in place when he left, and believes that Curtis has improved. on thorn since then. 0n November 14, Zill 3, cooducted a telephone interview of Graffrnan, the former President oi? Curtis during St. Johnis enrollment. Graffman confirmed that he reviewed Fitzpatrichis essay prior to its postirtg, but only to verify the site to his aatohiography and correct regarding his father. Graffman indicated that, during his time as a student, Cortis had a reputation that iostified what Fitzpatrick wrote in his essay. Howeser, he stated that he is aware of no serious issues ioeolsiog ioappropriate seaoal eootaet hetareeo faculty arid stodeots duriog Es.) "this teas obviously at odds with St. lohais ailegatioos. liowerer, is tight of his diseassios with iodson and in deference to St. .lohn?s wishes, i asked only geoeral ooestioss on this suhieet, arid did riot ash any specific questions related to St. lotto. allergen, tests a Estates it? his time as an instructor or as head of the school.3 As detailed in my separate ?le memorandum, Graffman related various events at Curtis after his tenure as President with which he was concerned. Graffrnan acknowledged that his information about these events was largely based on hearsay, and directed me to Elizabeth Warshawer for more speci?c information. lhave reviewed these events with Warshawer in detail; none of these events involved sexual misconduct by Curtis personnel} In sum, the leads provided by St. John, both in her letter and in discussion with Judson, yielded no evidence of inappropriate conduct beyond Brodsky?s alleged sexual abuse of St. John, and particularly provided no reason to suspect more recent or present abuse at Curtis. Our communications with current Curtis personnel, including Diaz and Warshawer, have not suggested any more recent or present abuse, and we have received no other evidence suggesting the need for further investigation. B. Policies and Procedures We have reviewed the current policies and procedures Curtis has in place and determined that as drafted, they adequately protect the welfare and safety to students. in the Staff Handbook, Faculty Handbook and Student Code of Conduct, Curtis maintains strict policies prohibiting sexual harassment, sexual abuse and sexual relationships among faculty and staff with students. Additionally, there are sound procedures and proper safeguards in place for handling any reports made by students or their families, all of which are consistent with applicable law and with Curtis? focus on protecting students. We provided suggested language to enhance the current versions, but we conclude that the policies and procedures are sound in their current form and comply with the law. ill. CONCLUSIGN As we have discussed, Curtis does not have any legal obligation to report St. lohnis allegations to law enforcement authorities. Further, under the circumstances including the age of the allegations, the fact that Brodsky has not been associated with Curtis for a long time and is deceased, St. John?s desire that the rnatter not be pursued, and the lack of any csidence of sexual abuse by Curtis personnel beyond St. lohn?s allegations against Brodsky are have advised Curtis against making such a report. We have found no evidence to suggest any cause for concern about the welfare or safety of current students at Curtis, or that anyone associated with Curtis presents a danger to students. This denial eras also at odds with St. lohn?s allegations. lioneser, as with Fitzpatrick, asked only general questions on this subject, and did not ask any speci?c cuestions related to St. Echo. ?this included a situation in which a student committed suicide after Curtis tired a stall? the student had accused of inappropriate behavior. it was later determined that the students suicide was related not to any interactions with the staff member, but to a prolonged history of mental illness. "this situation is described in more detail in ray tile memorandum. lactose. Lewis a Rockies -3. We have followed the leads available in relation to the allegations before us, and do net believe that further investigation is warranted. We recommend that Curtis consider the relatively modest changes we have suggested to the handbooks and policies, and that it routinely review and update its policies, procedures and training, especially considering the evolving legal requirements (of mandatory reporting laws. JCD Merged tests a Sesame was