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INVESTIGATIVE REPORT
TO: Thomas C. Shanahan, Senior Vice President and General Counsel
FROM: Womble Bond Dickinson (US) LLP
DATE: October 28, 2019

 

On Saturday, October 26I 2019: we were asked to ?nalize and submit this regort by October
28: 2019. This re?ects information obtained through that datel but as noted some
investigatom issues remain outstanding.

Executive Summary

Beginning on Sunday, September 29, 2019 at 9:08 pm. through 10:04 a.m. on Monday,
September 30, 2019, various members of the University of North Carolina System of?ce,
including Interim President Dr. William L. Roper, and the East Carolina University 
Board of Trustees received a series of emails from iohnqpublicatecu@gmail.com (the ?Emails?)
regarding allegations about ECU Interim Chancellor Dan Gerlach (?Gerlach?). One email
included a narrative and a Dropbox link to photos and videos (the ?Images?, which are attached as
Exhibit A) of Gerlach in at least one bar.2 This email?s accompanying narrative made several
allegations about Gerlach?s behavior that night, including that Gerlach engaged in sexual conduct
in public and made inappropriate remarks. Several media outlets also received emails, which

 

1 As of the morning of October 1. 2019. this Dropbox link had been deactivated and could no longer be
accessed. We did not have access to this link when active.

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included some or all of the Images. This Firm was contacted around September 30 and
subsequently engaged by the Board to conduct an investigation into the events of September 25
(and 26), as well as the other claims about that night, as alleged in the Emails.

This Report concludes that the speci?c allegations contained in the Emails are largely false.
However, Gerlach did go to several bars in downtown Greenville on the evening of Wednesday,
September 25, 2019. Based upon the information available to us, he did not engage in any
inappropriate sexual conduct while there or make inappropriate remarks as previously recounted
in the Emails. Although estimates of how much Gerlach drank that night vary, Gerlach probably
consumed between seven and ten drinks over the course of approximately six hours spent at foru'
different locations. He then drove himself home at approximately 2:10 a.m.

Scope of Investigation

The investigation consisted of a review of Interim Chancellor Dan Gerlach?s actions on or
around the evening of September 25, 2019, including the facts and circumstances under which he
was ?lmed and photographed at one or more bars in Greenville on September 25, and any related
observations pertinent to his ?tness for the role of Chancellor. This includes a review of how the
allegations srurounding these actions became known to the members of the UNC Board of
Governors and System Of?ce, the ECU Board of Trustees, and media outlets. This Finn was not
asked to make any recormnendations regarding personnel actions.3

Materials Considered

This Report was based upon interviews with 35 witnesses, who are listed in con?dential
Exhibit B. These witnesses included the owners of the bars Gerlach visited that night, employees
of those bars, and numerous eyewitnesses We interviewed Gerlach on
two occasions. We reviewed surveillance footage ?'om Sup Dogs, which was the only business
establishment that, to om knowledge, had footage still available from the evening. We obtained
data from Gerlach?s phone. We have reviewed other videos in the relevant area (we have ?led a
petition seeking to receive street footage directly ??om the City of Greenville). We listened to three
radio interviews of Gerlach (and others). Finally, we reviewed multiple emails, text messages,
news articles and numerous social media posts.

 

3 At the time submission of this report was requested. we were advised that Gerlach was resigning as
Interim Chancellor. effective October 26. 2019.

Findings
Chronology of Times and Locations

. Wednesday, September 25, 2019

Gerlach held a number of meetings during the day on Wednesday, September 25, 2019.
Here is the approximate tirneline of his activities that evening begirming at 5:00 

5:00 Gerlach gives an interview to Troy Dreyfus on Pirate Radio Live (at the
radio station) to discuss the status of ECU.

6:00 Gerlach drives to Cypress Glen, a retirement community in Greenville,
where he gives a presentation to approximately 125 attendees. He eats a large prime
rib dinner served with bread, vegetables, and dessert. No alcohol is served. Dr. Ron
Mitchelson (?Mitchelson?), Provost and Vice-Chancellor at ECU, attended this event
and con?rmed these details.

7:30 Gerlach drives to his temporary residence at 1201 East 5th Street in
Greenville (about 1.1 miles away from Cypress Glen).

8:00 After changing and speaking on the phone with his wife (who was out of
town), Gerlach drives from his residence to Christy?s Eru?o Pub, a local restaurant in
downtown Greenville (approximately 0.4 miles away from his residence). Gerlach
describes his motivation for going out as because he had events to attend on the
remaining nights of the week, and his wife, whom he describes as very private and
rmcomfortable being recognized in public, was out of town. Gerlach states he is
committed to being visible in the commrmity, which includes patronizing local
businesses. At Christy?s, Gerlach has a pint of a Session IPA and sends a photo of his
beer to Troy Dreyfus captioned ?recuperating.? He does not eat any food.

9: 15 Gerlach drives from Christy?s to Sup Dogs, another restaurant in downtown
Greenville (approximately 0.4 miles from Christy?s). He enters alone at 9:23 pm. and

sits at the bar. At Sup Dogs, Gerlach meets three an off-duty law enforcement
of?cer (the ?Of?cer?), a former Marine (the ?Marine?), and the
Marine?s friend (the ?Friend?) Gerlach has several drinks.

He does not eat any food.

10:40 Gerlach, the Of?cer, the Marine, and the Friend leave Sup Dogs together
and walk to Club 519, which is two blocks away. There, Gerlach speaks to a

he knew and
friend (the Friend?). He also encormters

and (the ?Photographer?)
Gerlach has several drinks.

11:00 p.m. -1:00 While in Club 519, Gerlach is approached by a woman with
tattoos wearing a blue Overton?s shirt (the ?Blue-Shirted Woman?). The Photographer
takes several pictures of the Blue-Shirred Woman interacting with Gerlach.

1:15 Gerlach leaves Club 519 and walks with the Of?cer to 5th Street Distillery
and Armex (?5til Street Armex?), which is less than 1 block away. The and the
Photographer also go to 5th Street Annex around that time. The owner of 5th Street
Annex buys Gerlach a Bud Light. Gerlach is videotaped dancing with two young
women.

1:55 a.m. Gerlach leaves 5'11 Street Annex and gets in a vehicle as a passenger. He
reports that, once home, he realized he left his house keys in his vehicle, and walked to
return to the vehicle.

2:10 Gerlach walks to his car on 5th Street, which is parked near Sup Dogs. He
drives 0.5 miles down 5?11 Street to his residence.

. Thursday, September 26, 2019

7:45 Gerlach attends an ECU Physicians Board meeting at the medical school.
This is his ?rst calendar appointment for the day. He maintains a regular business
schedule.

12:07 The video of Gerlach dancing from the previous night ?rst appears on
Instagram.

12:30 The Photographer, who works part-time at a local restaurant, shows the
photos to a co-worker and, while doing so, is overheard by local attorney and ECU
adjunct instructor Matthew Davenport, who is having lunch at the restaurant. Pitt
Cormty Superior Court Judge and ECU Board of Visitors member Jeffrey B. Foster
joins M. Davenport at the restaurant. Foster has the Photographer transfer the
photographs and Video in the Photographer?s possession to Foster?s iPhone.

3:40 Jeannine Hutson (?Hutson?), Interim Chief Communications Officer at
ECU, receives a concerned text message from one of Vice Chancellors, who
had seen the video posted to social media of Gerlach dancing with two young women.

4:00 Hutson has a ?good discussion? with Gerlach about the video and tells him
that he needs to ?tone it down a little.? Gerlach also confmned that this discussion
occun'ed.

C. Saturday, September 28, 2019

That night, ECU Board of Trustees member Robert Moore reports that he interacts with
one or two people, including someone who visits his home, who express concern about
the photographs of Gerlach. Moore tells ECU Board of Trustees Chairman Vernon
Davenport (?Vern Davenport?) about this on the afternoon of Sunday, September 29,
20 1 9.

Olivia Ruth Roberson" reports that on this day (or possibly earlier), two ?investigators?
interview her to determine if she was the woman pictured in the photographs taken of
Gerlach at Club 519. She tells them she is not the person in the pictures.

D. Sunday, September 29, 2019

12:55 Hutson receives a voicemail message from a reporter at WITN,
Greenville?s local NBC af?liate. The message says that WITN obtained several photos
of Gerlach and wants a statement about them.

1:00 When the WITN reporter could not reach Hutson, she apparently attempted
to reach then-Board of Governors Chairman Harry Smith. Smith receives a text
message from that reporter requesting a comment on the photos.

1:22 Smith sends a group text message saying that he has ?gotten call after call
from upset parents, faculty and staff that are vely angry? about the st01y of Gerlach
being out at bar. This text message is sent to Dr. Roper, Thomas Shanahan, as well to
as several members of the Board of Governors (Randy Ramsey, Wendy Floyd Muiphy,

 

4 Although Roberson is not af?liated with the System. her name is included here because she is mentioned
by name in the Emails.

Temple Sloan, and Anna Spangler Nelson). In a subsequent text, Smith says that two
members of the ECU Board of Trustees had also just called him.

2:10 Hutson speaks with Dawson, and Dawson agrees to send Hutson the photos.
Hutson receives an email from Dawson containing nine photos (no videos). These are
photos taken by the Photographer in Club 519. Hutson sends the photographs to
Gerlach, ECU Interim Chief of Staff Dr. Christopher Locklear, and UNC System Vice
President of Communications Earl Whipple.

2:35 Davenport speaks with his ?iend and fellow attorney, Peter Romary. Their
conversation includes discussion of the Images. Romary also speaks with Foster at
some point dru'ing the day, although Romary is unsure if he discussed the Images with
Foster.

4:35 After conferring with several members of the ECU and UNC System staff,
Hutson publishes a statement regarding the photos as a response to a media inquiry.
This statement is attached as Exhibit C. The statement includes a quote from Gerlach.
Around this time, Hutson also hears from several other media outlets, including other
local Greenville TV stations and the Daily Re?ector (Greenville print newspaper).
Hutson continues to hear from other news organizations throughout the evening, such
as WBTV in Charlotte and the East arolinian (EC U?s student newspaper).

Over the course of the afternoon and evening, Roper informs Gerlach that he will be
placed on administrative leave while an investigation is conducted. This information
is also conveyed to Hutson. Gerlach speaks with Vern Davenport and ECU Board of
Trustees Vice-Chair Fielding Miller.

6:20 Troy Dreyfus (the host of Pirate Radio Live) forwards to Smith and ECU
Board of Trustees members Phil Lewis and Robert Moore an email from
johngpublicatecu@gygailcom. This email is attached as Exhibit D. The email
mentions a ?handjob.? It is similar to, but different from, the email later sent at 9:08
pm. to the entire ECU Board of Trustees. The email includes a Dropbox link to the
Images.5

6:21 Smith sends a series of text messages to Wendy Floyd Murphy, Randy
Ramsey, Pearl Burris-Floyd, and Dr. Roper. The message includes the email in Exhibit
D. Smith said he believes that ?someone has been building a case for sometime and

 

5 While we have seen the email. we have not been able to review what was in the Dropbox link.

then dropped it.? He also noted that the ?videos are posted on Instagram under ?old
row Ecu?? and that he had been told Gerlach was ?back downtown last night? the
night of September 28).

8:30 Roper informs Mitchelson that he will serve as Acting Chancellor while
Gerlach is on administrative leave.

9:08 Dr. Roper, as well as the entire ECU Board of Trustees, receive an email
from iohnqpublicatec11@gmail.com (the ?First Email,? attached as Exhibit E). The First
Email alleges that only published a couple of pictures and a couple of videos
that were out of context.? The Email then makes several allegations regarding
Gerlach?s conduct and includes a Dropbox link to a folder containing 10 still images
and 3 Videos of Gerlach (the Images).

. Monday, September 30, 2019

7:30 Gerlach calls Mitchelson to apologize for his actions. According to
Mitchelson, Gerlach is ?obviously remorsefu 

8:47 Hemy Hinton, a local radio host and former member of the Board of
Governors and the ECU Board of Trustees, receives an email from
iohnqpublicatecudngail.com (the ?Second Email,? attached as Exhibit F). The
Second Email includes an additional narrative about Gerlach?s actions at Club 519 and
speci?cally states that the woman in many of the photos with Gerlach is a ?known
prostitute.? Hinton forwards this email to Vern Davenport and Fielding Miller.

10:04 Unknown individuals receive another email about Gerlach from
johngpublicatecu@gmailcom (the ?Third Email,? attached as Exhibit G). The Third
Email alleges that the woman in the photos with Gerlach at Club 519 is Olivia Ruth
Roberson. The Third Email includes a link to one of Roberson?s booking photos, along
with selected aspects of her criminal record. The Third Email also alleges that
Roberson is a known prostitute. The original recipient list of the Third Email has been
deleted on the copy we received. The known recipients to 11s are Robert Moore and
Phil Lewis, members of the ECU Board of Trustees. Mr. Lewis forwarded the email
to Harry Smith, who provided the Third Email to System Interim President Roper and
General ormsel Tom Shanahan.

4:11 Gerlach receives a written memorandum confirming that he will be placed
on paid administrative leave for 11p to 30 days while an investigation into the incident
is conducted. This memorandum instructs Gerlach to .. not be in contact in any
way with other persons involved in the issue (5) described herein This is
attached as Exhibit H.

F. Tuesday, October 8, 2019

Prior to 1:30 Phil Lewis and Robert Moore meet with Gerlach at Lewis? home.
When asked about this meeting, Lewis and Moore indicated that they had ?conducted
their own investigation? into matter.6 They indicated that they had gone to Club 519
and also to the restaurant where the Photographer works. They had requested that
Gerlach meet with them to give him ?support and advice.?

11. Allegations from the Emails

A. Alleged Sexual Conduct

The First Email asserts that Gerlach arrived at Club 519 with the Blue-Shirted Woman as his
?escort? and that, while in the bar, he ?engaged [with her] in activities that a married man would
only engage in with his wife, in private.? More generally, the First Email alleges that Gerlach
?acts inappropriately towards women.? As described below, the information obtained to date does
not support these allegations.

Findin 

1. The First Email?s accusation appears to be based on a series of photographs of
Gerlach with the Blue-Shirted Woman. Gerlach did not engage in inappropriate contact of a sexual
nature with a female in Club 519 on September 25. We interviewed twelve witnesses, male and
female, who were present in Club 519 during the time period of the interaction between Gerlach
and the Blue-Shifted Woman. No eyewitnesses we interviewed stated that Gerlach engaged in any
inappropriate sexual conduct. In the course of our investigation, the only allegations that Gerlach
engaged in sexual conduct that evening were made by the author of the Emails and Romary.

2. Gerlach arrived at Club 519 at approximately 10:45 pm. He, the Of?cer, the
Marine, and the Friend were all carded upon entry. They went to the middle of a long bar that runs
the length of the restaurant and ordered drinks. Gerlach met and spoke to for about

 

5 We have not found any information indicating that Lewis and Moore either sought or received approval
from Dr. Roper or the Board of Govemors to confer with Gerlach or to conduct their own investigation of a University
matter.

10 minutes. He also spoke to and the Photographer. Gerlach was photographed with
others at Club 519, including ECU students who seemed excited to see him out.

3. The Blue-Shirred Woman arrived at Club 519 with a female friend around 11:00
pm, after Gerlach was ah'eady there. This detail was con?rmed by every eyewitness we
interviewed and directly contradicts the allegation in the Emails that Gerlach arrived with the Blue-
Shirted Woman as an ?escort.? Once she entered Club 519, the Blue-Shirted Woman was loud
and aggressive.7 She offered to have sex with the Of?cer, then took the Of?cer?s phone. The
Photographer was able to get the phone back, which angered the Blue-Shirred Woman. The Blue-
Shirted Woman called the Photographer a ?piece of sh** She then told the Marine and the Friend
that she would have sex with them. The Photographer told her to ?go on somewhere,? and she
responded with something like ?Why you gotta be like that??

4. The Blue-Shirted Woman then went over to Gerlach and grabbed him from behind
in a bear hug. She started rubbing herself against him. Gerlach turned and asked if she was OK.
The Blue-Shirred Woman continued to press herself against Gerlach as he turned and tried to move
away from her, while the Blue-Shifted Woman attempted to maintain an embrace. The Of?cer,
Marine, the Friend, and all described Gerlach as clearly uncomfortable and trying to
push the Blue-Shirted Woman away politely. The Marine and remembered Gerlach
telling the Blue-Shirred Woman to ?cahn down? and/or ?step back.? Around then, the
Photographer went over with one of the other guys and asked the Blue-Shirred Woman: ?how
much for the whole night?? That appeared to anger her, and she started after the Photographer,
cursing and ?ipping him off. Club 519?s door security person was escorting the Blue-Shirred
Woman out of the bar when she punched the Photographer in the face. After being physically
removed from Club 519, the Blue-Shirred Woman brie?y stayed outside yelling, cursing, throwing
her ?ip ?ops at the door, and trying to get back inside, before fmally walking away. The Marine
and estimated that the entirety of Gerlach?s interaction with the Blue-Shirred Woman
was two to three minutes. The Photographer took pictures of the interaction to demonstrate how
out of control the Blue-Shirred Woman was; other eyewitnesses also reported that she was acting
in a seemingly impaired, rude, and obnoxious manner.

5. To our knowledge, the Photographer took all the photos from Club 519.8 The
Photographer stated he took the photos to protect Gerlach?s reputation in case something was made

 

7 Numerous eyewitnesses recounted the Blue-Shirted Woman?s loud. obnoxious conduct. as well as her
asking several people for sex. rubbing her bosom against a male patron other than Gerlach. and initiating numerous
interactions. She was reported as unsteady on her feet.

8 From our understanding of What was included in the Dropbox link in the First Email. the Dropbox included
the Photographer?s nine photos and the video of Gerlach chugging a drink (also ?lmed by the Photographer). We also
believe the link included the video of Gerlach dancing at 5th Street Armex. which had previously been posted online.
a screenshot of that video. and a video at Sup Dogs from a different night. for a total of 10 photographs and 3 videos.

of the interaction.9 The Photographer?s was also in Club 519 that night
and confmned this intent. Additionally, every eyewitness supported this general accormt of the
events with the Blue-Shirted Woman. No eyewitness recounted the events in the way described
in the First Email.

6. Although the ?les in the Dropbox link label certain photos ?handjob? and ?hair
grab,? none of the witnesses provided any support for the claim that these events occurred. Instead,
the interaction between Gerlach and the Blue-Shirted Woman lasted only two to three minutes and
was non-sexual in nature, on his part anyway. Gerlach reported that his actions were to disentangle
himself from the Blue-Shirted Woman, and all eyewitnesses we spoke to corroborated his
description.

7. The First Email contains other allegations regarding Gerlach?s conduct at Club
519. It asserts that Gerlach arrived with his ?escort,? but both eyewitness and video testimony
indicate that Gerlach arrived with the three men that he met earlier in the evening at Sup Dogs.
The Email states that Gerlach paid for the Blue-Shirred Woman?s drinks, but we did not ?nd any
indication of him doing so. The First Email also states that the Blue-Shirted Woman was ?ejected
from the bar because of her conduct towards a bartender.?10 No eyewitness, including the
bartender, referenced the Blue-Shiited Woman being removed for conduct toward the bartender.
Rather, the Blue-Shirted Woman?s actions were primarily targeted toward the patrons, and she was
ejected from the bar after punching the Photographer in the face. Finally, the First Email states
that Sup Dogs is a ?deception?; however, eyewitness testimony and videotape confmn that Gerlach

was there, met the Of?cer, Marine and Friend there, and then joined them when they went to Club
5 19.

8. The Third Email alleges that the Blue-Shirred Woman is Olivia Ruth Roberson.
The information we obtained does not support this allegation. The Blue-Shirted Woman does not
bear any signi?cant resemblance to Roberson. Roberson, for example, is White, whereas several
witnesses described the Blue-Shirted Woman as African-American or mixed race. We have yet to

 

9 On October 10. 2019. Board of Governors menrber Harry Smith sent an email to Board of Govemors
nrernbers Randy Ramsey. Wendy Murphy and Pearl Burris-Floyd. Mr. Smith?s email stated that "according to two of
the trustees,? the pictures were taken because a ?thought it was inappropriate for the chancellor to be there and
the actions he was doing were inappropriate." We spoke to Smith on October 12. and he indicated that this information
came from Phil Lewis and Robert Moore. both members of the ECU Board of Trustees. We spoke with Lewis and
Moore on October 14, 2019 (they called us together). They indicated that they had done ?their own investigation?
and visited both Club 519 and the local restaurant where the Photographer works part-time. However. they spoke to
no eyewitnesses and did not speak to the Photographer. They did not know where they heard that the photographs
were taken because the conduct was inappropriate. Our ?ndings are based on interviews with the Photographer and

who were present at the time and whose versions of the events were corroborated by all the other
eyewitnesses.

1? She did offer to have sex with the bartender: however. that was not the basis of her removal from the bar.

10

identify the Blue-Shirted Woman (or her female companion shown in Exhibit A), but it was not
Roberson.

9. Since these events became public, there have been allegations that the Blue-Shifted
Woman was part of some ?set up? of Gerlach to make him look bad by attempting to engage in
(or appear to engage in) sexual acts with him in public. The information we obtained does not
entirely rule out that possibility, but it does not confmn it either.

10. Although the First Email?s allegations about sexual behavior primarily focus on the
Blue-Shirted Woman, the Email also alleges that Gerlach generally behaves ?inappropriately
towards women, especially students.? The information gathered does not support this allegation.
As stated earlier, no eyewitnesses from September 25 reported any sexual conduct by Gerlach.
This includes the two women with whom Gerlach was ?hned dancing. These women stated that
Gerlach did not touch them inappropriately and did not make them uncomfortable. We are
unaware of any complaints against Gerlach regarding inappropriate touching or other sexual
behavior toward anyone.

B. Other Alleged Inappropriate Comments

The First and Second Emails allege that, upon entry to Club 519, Gerlach called out, ?My wife is
out of town so it?s on tonight.? The First Email also alleges that Gerlach stated, ?I?m Chancellor
Dan, but you can call me Uncle Tom.? We found no information to support either allegation.

Findin 

1. No eyewitness heard Gerlach state ?My wife is out of town so it?s on tonight.? The
people to reference this quote (other than the First Email itself), are Matt Davenport, who claims
the Photographer said Gerlach stated these words, as well Foster and Romary. The Photographer,
however, did not remember Gerlach stating that phrase. It is true that Gerlach?s wife was out of
town. Gerlach con?rmed this detail and referenced this as a contributing factor to why he left
home on the night of September 25. More speci?cally, Gerlach explained that his wife is private
and does not like to be recognized when they are out in public, so he was more inclined to go out
when she was out of town. Thus, although it is accurate that Gerlach?s wife was out of town on
September 25, the information we obtained does not support the First and Second Emails? speci?c
allegation of Gerlach publicly announcing that fact upon arrival at Club 519.11

2. No eyewitness heard Gerlach state, ?I?m Chancellor Dan, but you can call me Uncle
Tom.? There was, however, a reference to ?Uncle Dan? during the evening. When the Of?cer,

 

?1 During his interview, Gerlach also stated that he has made a point to visit many downtown establishments
during his time as Interim Chancellor to be supportive of the greater conmrunity. This motivation also impacted his
decision to go out on the night of September 25.

11

the Marine, and the Friend were attempting to convince Gerlach to join them at Club 519, they
offered to call him ?Uncle Dan,? so as to not draw attention to Gerlach?s presence. Although the
Of?cer, the Marine, and the Friend all independently confirmed this detail, the information we
obtained indicates that ?the plan? did not last long. Several

recognized Gerlach at Club 519. Thus, although there was talk of ?Uncle Dan,? no
eyewitness heard any remarks about ?Uncle Tom? on the night of September 25, 2019. When
asked about the alleged Uncle Tom comment, Gerlach denied it categorically and said that was a
racist reference.

C. Alleged Purchase of Alcoholic Drinks for Students

The First Email alleged that Gerlach ?buys drinks for people without checking their age.? Gerlach
has bought alcoholic drinks for students, both in the past and on September 25, 2019. However,
the information we obtained does not support the First Email?s allegation that Gerlach has done so
without checking students? ages.

Findin 

1. On the night of September 25, 2019, Gerlach purchased alcohol for
However, all were
over 21, and all were carded. During his interview, Gerlach mentioned buying one drink for each
of the at Sup Dogs and another drink for each at Club 519. This account generally conforms
to the recollections of the and the although the

2. Gerlach may have purchased alcohol for some other ECU students at Club 519, but
all were over 21 and were carded by a door security employee upon entry to the bar. Although
Gerlach purchased alcoholic beverages for at least two students on the night in question, we have
not obtained any information to support the First Email?s allegation that he did so without checking
the students? ages. Additionally, all purchases were with his personal ?mds. Gerlach paid cash
throughout the night and did not use a University credit card.

3. During his interview, Gerlach said he has purchased drinks for students on a few
other instances, but only when he knows the students are of legal age. He indicated that, on each
occasion, the student was carded by wait staff at the time Gerlach purchased the drink. In response
to whether he had previously purchased drinks for any individuals he bought drinks for on the
night of September 25, Gerlach only recalled purchasing one student a drink before.
We do not have any information indicating that Gerlach has deviated from that practice on other
occasrons.

12

D. Alleged Public Drunkenness

The First Email alleged that Gerlach ?stumbled up? to students on September 25 and, more
generally, is ?often seen in public.? Most of the eyewitnesses indicate that Gerlach did not
appear drunk on the night of September 25; however, one eyewitness indicated Gerlach was
?impaired? as he walked from Club 519 to 5th Street Annex. Fulther, street camera footage appears
to show Gerlach impaired and staggering as he leaves Club 519 at 1:16 am. He also was somewhat
Imsteady in walking to his vehicle from his home later in the evening when returning to his car
later that evening. We have not f01md any information supporting the allegation that Gerlach
regularly appears intoxicated while in public.

Findin 

1. All but one of the eyewitnesses interviewed reported that Gerlach was not drunk.
This impression was shared by munerous people who encountered Gerlach throughout the entire
evening, including those at Sup Dogs, Club 519, and the 5th Street Annex. Additionally, no
eyewitness reported inappropriate behavior by Gerlach consistent with intoxication.

2. One eyewitness, the Of?cer, reported that on the way from Club 519 to 5"h Street
Annex, the Chancellor had slurred speech, seemed unsteady on his feet while walking, staggered,
and stumbled a couple times. This report is also corroborated in part by the street video camera
taken from 1:16 am. to 1:17 am. The Of?cer says he urged Gerlach to go home at least twice and
offered to call him a ride. Gerlach declined. In the Of?cer?s opinion, Gerlach was ?de?nitely
impaired.?

3. The Of?cer does not believe he saw Gerlach after Gerlach left 5th Street Annex.
Gerlach thinks that he and the Of?cer may have left together. Gerlach stated he was not intoxicated
when he drove home at approximately 2:10a.m.

4. During our ?rst interview, Gerlach stated that he went from Club 519 to 5th Street
Annex, where he got a wristband but did not drink. He stated he went to Still Life after 5th Street,
where he danced and drank part of a Bud Light that someone purchased for him. During our
second interview, Gerlach indicated that the dancing was done at 5d1 Street. The manager of Still
Life had reported to us that Still Life was closed to the public on September 25 after 7:00 pm.
Based on the ?oor and style of the bar, the video of Gerlach dancing and holding a bottle of beer
appears to have been taken at 5th Street Annex. who was at 5th Street Annex around
the same time as Gerlach, said that the video of Gerlach dancing was ?de?nitely? taken at 5th Street
Annex. Fluthermore, in prior conversations held with Jeannine Hutson closer in time to that night,
Gerlach stated he went to 5th Street Annex but did not go to Still Life. During a second interview,
Gerlach said he might have been con?ised at our ?rst interview about going to Still Life. Given

13

the above, we believe that Gerlach confused the locations in our initial interview and did not go to
Still Life on September 25. Additionally, when his memory was prompted about getting into an
apparent ride-sharing vehicle around 1:55 am, which Gerlach did not initially remember, he then
pieced together that someone did call a ride-sharing service for him, that he took the ride home,
that he then realized he had left his keys in his car, walked back to his vehicle on 5th Street, and
then drove home. This seems consistent with street camera footage. Gerlach reports being 90%
certain this is what happened. Throughout the process, Gerlach has appeared cooperative. We
believe that it is most likely that he was impaired during this timeframe of the evening and did not
recall this portion of the evening during his prior interviews. He was, however, able to piece
together some of these events when prompted by questions. Gerlach appeared fully cooperative
once these questions refreshed his memory.

5. While witnesses, many of whom were drinking at the time, have varying
recollections of the drinks Gerlach consumed during the evening, Gerlach had at least several
drinks during the night of September 25. He stated during his interview that he had a pint of beer
at Christy?s, a beer and a ?Sup Crush?12 at Sup Dogs, two beers13 and a shot at Club 519, and half
a beer at Still Life.14 The total time period was approximately 6 hours (roughly 8:00 pm. 2: 10
am). An estimate of Gerlach?s total alcohol consumption is described in more detail in Exhibit
1.

6. In om' fn?st interview, Gerlach estimated he arrived home around 1:00 am. In our
second interview, he said upon re?ection he now believed it was arormd 2:00 am. The facts tend
to support the 2:10 am. estimated time of departure in his car after walking to it ?'om his home.
When we interviewed the young women with whom Gerlach was ?hned dancing, one of them
shared another video of themselves dancing with Gerlach that night. That new video was time-
stamped at 1:35 am. Additionally, Gerlach thinks he left with the Of?cer, and the Of?cer?s Uber
receipt home re?ects a time of 2:05 am. Finally, there is traf?c camera footage of Gerlach getting
into his car at 2:10 am.

7. The Of?cer reports he believed that Gerlach ?de?nitely? appeared ?impaired?
while moving from Club 519 to the 5th Street Annex. The Marine and the Friend say they left Club
519 about 20 minutes after the incident with the Blue-Shirted Woman and did not see Gerlach the
rest of the night. and the Photographer, who met Gerlach at Club 519, also went to
5th Street Annex, but Gerlach ?caught up? to them while they were already on their way.

 

?2 According to the bartender at Sup Dogs. a Sup Crush is served in a l7-ounce glass and contains 1.5 ounces
of vodka. as well as orange juice. Triple See. and Sierra Mist soda.

?3 The bartender at Club 519 recalled that these beers were lZ-ounce pours.

?4 As discussed earlier. we believe this drink was consumed at 59; Street Annex.

14

8. The Owner of 5th Street Annex saw Gerlach there and said Gerlach was steady on
his feet, did not have slurred speech, and did not appear drunk. The Owner said he has ?13 years
in the bar industry? and ?know[s] how to spot a person who has had too much to drink.?
Additionally, the two yormg women with whom Gerlach was ?lmed dancing at 1:35 am. said that
he did not appear drunk and did not strunble when arormd them. Gerlach indicated in his interview
that he usually gets up arormd 4:45 am. If accurate, then he would have been awake for
approximately 22 hours when seen walking to his car at 2:10 am. 15

9. As to the more general allegation in the First Email that Gerlach is ?often seen
drunk in public,? we did not ?nd any information to support that claim. No one interviewed
mentioned having seen Gerlach intoxicated on any prior occasion. The Owner of Club 519 said
he had never heard of Gerlach being in the bar before; the same is true of the Owner of 5th Street
Armex. The Owner of Sup Dogs indicated that Gerlach had come there regularly, but said that he
had never seen or heard about Gerlach acting intoxicated. Therefore, we have not formd
information indicating that Gerlach frequently appears drunk in public, as the First Email claims.
At times on the night in question, we believe Gerlach was exhibiting impairment.

E. Other Information Related to Gerlach?s Fitness to Remain Chancellor

As part of the investigation, we were asked to report on any other facts or circrunstances relevant
to Gerlach?s ?tness to remain in the role of Interim Chancellor. We have identi?ed several
additional facts relevant to that request for information.

Findin 

1. Although one video appears to show Gerlach chugging a drink
we did not any information indicating this action was part of a drinking game.

2. All information we obtained indicates that Gerlach eventually drove himself home
from 5th Street Armex on the night of September 25, 2019. At the outset, Gerlach admitted that he
drove home during his interviews, and traf?c camera footage shows him getting into his car at

 

?5 In the course of the investigation. we learned from Gerlach that he drove home that evening. On October
14. 2019. we submitted a request to the Assistant City Attorney for Greenville. NC, asking to review the traf?c
camera videos. While this ?rm is not eligible under the statute to view the videos we do not appear in. the Assistant
City Attorney advised that we could ?le a Petition with the court which would require the scheduling of a
hearing. Given the timing of (1) this city attorney being out most of that week. (2) no judges scheduled in Pitt
County that week due to a judicial conference. and (3) the City also having ten days to release the footage after any
order is obtained. we proceeded to complete our report. At this time. we have received a verbal report of the video
from the legal representative of Gerlach. who was permitted to review the footage. The City consented to a Petition
?led by Peter Romary purportedly on behalf of the Police Benevolent Association and Fraternal Order of the Police.
The City then contacted us to indicate that it would consent to a Petition by us for the same footage. We have ?led
such a petition and are working through that process. We also have asked the City to preserve other footage related
to the events under investigation beyond the footage requested by Mr. Ronrary.

15

2:10 am. In our interview with him, Gerlach asserted that he was not impaired when he drove
home. However, in subsequent interviews he indicated he did not remember the full sequence of
events that evening.

3. Gerlach has admitted on multiple occasions that he made a mistake on September
25, 2019. He said as much during both radio interviews. During his interview with us, Gerlach
also indicated that he ?showed poor judgment? in being out ?so late past his bedtime.? He
expressed regret for the negative attention the incident has brought ECU and the appearance it has
given.16

4. During the investigation, Gerlach was generally helpful and credible. He allowed
us to copy data ?'om his phone and showed us relevant text messages. He provided additional
information, such as the fact that his evening started with a drink at the restaurant Christy?s, which
had not been mentioned in previous media reports and was arguably not in his interest to reveal.
He honestly admitted mistakes and facts that were not helpful to him. His testimony about the
events of September 25, 2019 were generally consistent with the information we received from
other sources, including other eyewitnesses and surveillance cameras.

Complaint Receipt and Investigation Developments

A. John Q. Public
Findin 

1. The media received an email with approximately 9 photos and 3 Videos sometime
in the late morning or early afternoon on Srmday, September 29, 2019. Jeannine Hutson found out
that WITN had the Images at 12:55 pm. on Sunday, September 29, when a reporter called her and
asked for a comment. The reporter from WITN sent Hutson the photographs at 2:07 pm, so that
Hutson could respond to them on behalf of ECU.

2. Around 4:35 pm. that day, Hutson published a statement regarding the photos as a
response to a media inquiry (Exhibit C). The statement included a quote from Gerlach. By that
time, Hutson was getting requests from several other media outlets, including other local
Greenville TV stations and the Daily Re?ector (Greenville print newspaper).

3. At 9:08 pm, UNC System Interim President Dr. William Roper, as well as the
entire ECU Board of Trustees, received an email from iohnqpublicatecu?ngail.com (the First
Email, Exhibit E). The First Email alleged that only published a couple of pictures and a
couple of videos that were out of context.? The story published by WITN, however, included
most, if not all, of the known Images. Additionally, the reported version did not take the Images

 

?5 His statement about his resignation expresses similar themes.

16

out of context. Rather, the allegations contained in the First Email are not supported by the
information we obtained, as described in more detail in the above sections.

4. This is not the ?rst time that representatives of the System or ECU have received
emails from John Q. Public. The writer of these emails attempts to portray himself or herself as
an employee and identi?es with faculty, staff, and administration. The writer also indicates he or
she may have received a degree from ECU. We are aware that John Q. Public has emailed the
System on the following previous occasions: (1) March 27, 2019, when John Q. Public emailed
Dr. Roper and Mr. Smith regarding concerns about who would be selected to be Interim
Chancellor and speci?cally expressed concern that Dr. Virginia Hardy, Vice Chancellor
for Student Affairs, might be selected; (2) March 28, 2019, when John Q. Public emailed Dr. Roper
and Mr. Smith to express concern with ?nances; (3) March 28, 2019, in a second email
discussing concerns with several crurent and former members of the ECU Administration,
including Dr. Hardy, former Chancellor Steven Ballard, Former Board of Trustees member Henry
Hinton, and Director of Disability Support Services Stephen Gray; and (4) April 3, 2019, when
John Q. Public emailed Dr. Roper, Mr. Smith, and an attorney in the UNC System of?ce with
additional concerns about Dr. Hardy.

5. Additionally, on August 23, 2019, John Q. Public emailed members of the media
regarding the UNC Hospitals receiving a preliminary denial of re-accreditation. That email to the
media attached a con?dential memorandum that had previously only been distributed to members
of the UNC Board of Governors days before.

6. We attempted to use forensic analysis to determine the owner of the
iohnqpublicatecu?bgmail.com, but were not able to identify the owner. We sent emails to the
account, but it appears to now have been shut down. We contacted Google and Dropbox, but they
declined to provide any information.

 

B. Interactions with Board Members During the Investigation
Findin 

7. On October 2, 2019, Gerlach met with Vern Davenport. Vern Davenport told
Gerlach that the Board of Trustees supported him.

8. When we interviewed Gerlach at 1:45 pm. on October 8, 2019, we learned that
Gerlach had a meeting with ECU Trustees Phil Lewis and Robert Moore that same morning.
Gerlach reported that Lewis had asked for the meeting via text. Gerlach responded that
?investigators talking to me Tues aft.? Mr. Lewis responded ?Can robbie and me go by your house
or mine Tuesday am?? Gerlach responded ?Let me come to you.? Mr. Lewis then responded with
his home address and am Tuesday Very as I know you I am

17

pulling for you.? According to Gerlach, in the meeting they advised him that they were conducting
their own investigation into the matter.

9. According to Gerlach, Lewis and Moore offered him ?fatherly advice.? They said
a kid that worked for Lewis knew Club 519 and some folks that worked there. They told him that
he should not go out alone and should not be drinking in bars. Gerlach said John Q. Public ?came
11p? during this discussion. Lewis and Moore told Gerlach that someone had organized the attack
on him. They indicated that they had been briefed by the Chair and were hoping the matter would
be resolved by Thursday, October 10, 2019.

10. On October 12, 2019 Phil Lewis sent a text message to Randy Ramsey complaining
that our investigation was a ?waste of time and money?, asking ?what the hell is the scope of this
investigation?? and stating ?Everyone knows took the pics he works at [named local
restarn?antsetup if not they need to stop this crazy mess.? Lewis left a
message for Beth Jones (Womble Bond Dickinson) calling the investigation ?ridiculous? and
stating that no one was going to review his phone.

11. On October 12, 2019 Robert Moore left a voicemail for Randy Ramsey
complaining about Womble attorney Beth Jones contacting him. He stated: don?t really have
anything to add to her. Unless I?m under investigation, I?m going to let her sit right where she?s
at. I don?t think I am. If Bill Roper is on some witch hunt, he?s barking up the wrong tree with
me so anyway, I?m going to leave it alone. Let it be what it is and I hope I don?t hear or have any
more communications with He added: don?t know who took the photos.?

12. On October 14, 2019, Lewis and Moore called Mark Hem'iques (Womble Bond
Dickinson) together. They stated that they had gone to Club 519 and asked arormd ?for about 30
seconds.? Someone told them they thought the photographer was who liked Bud Light,
i and worked at a [named local restaurant]. So they
went to that restaurant and asked arormd. They were told that who worked there did take
the photos and it got ?bigger than he expected.? They never spoke to the Photographer. They
don?t know his name.

13. Lewis and Moore met with Gerlach on October 8 to make sure he ?learned his
lesson.? Druing their meeting, Gerlach told them he drove to Sup Dogs, which surprised them
because it is only a 6-block walk from Gerlach?s house and they have seen Gerlach walking arormd
town at night before.

14. Lewis and Moore refused to provide their phones for imaging, stating they had lots
of personal information on them. They have not provided text messages from their phones.

18

15. On October 12, 2019, we spoke with Harry Smith. We asked to schedule an
interview. Smith responded he did not have time for an interview, but would talk on the phone.
Smith stated that who worked at the local named restaurant had taken the photos because
he felt the Chancellor was acting inappropriately. He said someone clearly complied the photos
after the fact and submitted them. He said this information came from Lewis and Moore. He knew
that Lewis and Moore had met with Gerlach. Smith stated that Womble?s investigation had been
?bungled,? that we should not be calling on a Saturday, and that he would not meet with 11s. He
declined to provide his phone for imaging, or provide text messages.

C. Release of the Images
Findin 

16. The Photographer who works part-time at a local restam?ant in
Greenville. The next day, Thursday, September 26, the Photographer was working when
Davenport came in for lunch. Matt Davenport is a regular at the restaurant. While Matt Davenport
was having lunch, the Photographer was telling a co-worker about his interactions with Gerlach
the previous night and showing the co-worker the photographs and Video he had taken. According
to the Photographer, Matt Davenport may have seen the photos and video while the Photographer
was showing them to his co-worker.

17. About 20-25 minutes after Matt Davenport started having lunch, Matt Davenport
was joined by Foster. The Photographer was Imaware of Foster?s identity at the time. Matt
Davenport had fmished his lunch at that point and motioned for the Photographer to come over.
The Photographer originally thought that he was being called over to take Foster?s order.
According to the Photographer, Matt Davenport indicated that Foster was a judge and that the
Photographer needed to AirDrop the photographs and video on his phone to Foster. The
Photographer complied. The Photographer remembered Foster saying (to the effect of), ?This man
is trying to become the permanent Chancellor, and we can?t let that happen.?

18. When interviewed, Matt Davenport confmned several of these facts. Matt
Davenport confnmed that he is a regular at the restam?ant and had lunch there on Thursday,
September 26. Matt Davenport said that the Photographer was talking about seeing Gerlach out
at bars the previous night; Matt Davenport did not believe the Photographer, so the Photographer
showed him the photographs on his phone. Shortly afterward, Matt Davenport said he received a
text or call from Foster asking to join him for lunch. Matt Davenport reported that Foster had an
upcoming meeting with Gerlach and would be interested to see the photos.17 Matt Davenport

called the Photographer over and asked him to show Foster the photos. Speci?cally, Matt

 

?7 Gerlach?s assistant con?rmed that Gerlach was scheduled to meet with Foster on October 1. 2019. This
meeting was cancelled after Gerlach was placed on administrative leave.

19

Davenport thinks he may have said, ?Show the judge the photos.? However, contrary to the
Photographer?s statement, Matt Davenport denies that Foster got the photos while Matt Davenport
was in the restaurant. Matt Davenport said he and Foster left the restaurant at the same time. Matt
Davenport said after he got back to his of?ce he saw a missed call from Foster. According to Matt
Davenport, Foster wanted to know the name of the Photographer. Matt Davenport said that, when
he called Foster back, Foster indicated he had ??gured it out? and had gone back to the restaurant.
Matt Davenport thinks Foster may have gone back to the restaurant to obtain the photos, but he
does not know that for sure

19. Matt Davenport also discussed these events with Peter Romary. Matt Davenport
indicated he and Romary were good friends when Romary lived in Greenville. Matt Davenport
said that Romary called him on the morning of Sunday, September 29, 2019, but Matt Davenport
was in church. Matt Davenport retruned the call at approximately 2:35 pm. that afternoon. Matt
Davenport said he spoke to Romary for about 20 minutes. They discussed Gerlach, including his
actions on the night of September 25. Matt Davenport speci?cally remembered mentioning to
Romary that Gerlach had said ?My wife is out of town, so it?s on.? Matt Davenport told Romary
about the photos, and reported that Romary said, ?Holy Sh?! This is Big!? Between this call
with Romary and his interview with us, Matt Davenport had gotten a new cell phone. As a result,
he could not provide an image or text messages. He was, however, able to look 11p call records
through his online account, which is how he provided us with the information regarding time call
and duration.

20. Judge Foster also con?rmed many of these details. Foster indicated that on
Thm'sday, September 26, 2019, he called Matt Davenport and asked about having lunch. Matt
Davenport responded that he was at the restaurant and Foster should come over. According to
Foster, the topic of conversation turned to Gerlach, and Matt Davenport mentioned that an
employee had photographs of Gerlach out diinking. Foster remembered that the employee (the
Photographer) then showed him the photographs, as well as the video of Gerlach chugging a drink.
Foster said that he did not initially ask for the photos but was ?very troubled? by them. Foster
reported that, after driving a few blocks away, he changed his mind, turned around, and went back
to the restaurant. Foster said he then asked the Photographer to AirDrop the photos and video to
him. Foster said he did not recall if he introduced himself as a judge but said he generally does
not do so, since it can be intimidating.18 The Photographer confnmed that the photos and video
he Air?Dropped to Foster are the same photos and Video that appeared in the media reports.

 

?8 We believe that either Matt Davenport or Foster introduced Foster as a judge. The Photographer did not
know Foster?s name. but he knew he was a judge. The fact that the Photographer had that information. without
knowing oster?s name. indicates that he was likely introduced to Foster as a judge. Davenport says that he is not
sure if the Photographer is or if Foster knows that he is

20

21. Foster said that, after reviewing the photos again, he felt he had a duty to notify the
ECU Board of Trustees. Foster said he ?arranged communication to the Board of Governors and
Board of Trustees.? Speci?cally, Foster said he has ?a friend who knows the right people to send
the photos to.? Foster stated that he went to Best Buy, bought a USB drive, and transferred the
photos to the drive. Foster said he did not email or AirDrop the images. Foster did not send the
photos to the media and stressed he did not want to damage reputation. He said that he
could not recall how he got the ?les from his phone to the USB drive without emailing them or
AirDropping them and could not explain it. Foster gave the USB drive to his friend, but declined
to say who that person was. When asked if that person was Romary, Foster took a long pause and
said, said I?m not going to tell you who I gave the photos to.? Foster said he did not speak to
anyone on the Board of Visitors or the Board of Governors about the photos. He spoke to a couple
members of the ECU Board of Trustees about Gerlach, but he declined to disclose their identities.
Foster declined to let us see his cell phone to verify any of these details. During a brief second
interview, when provided the opportrmity again to say whom he gave the USB drive to, Foster
again declined. We also sent an email asking him to identify the person he gave the photos to prior
to the completion of this report, but we have not yet received a response.

D. Peter Romary Investigation
Findin 

22. We contacted Romary since both Matt Davenport and Foster, the two people known
to have knowledge of the Images beyond the Photographer at that time, each indicated that they
spoke separately spoke to Romary on Sunday, September 29, the day the Images were released.
When we interviewed Romary, he provided us with information about his professional background
and training. He indicated that he ?rst learned of the incident with Gerlach on the social media
site ?Old Row Pirates.? Romary said that, on Srmday, September 29, he saw a video of Gerlach
talking to a blonde woman in a bar.? Romary explained that he was in the United Kingdom that
day and that he called Matt Davenport. According to Romary, Matt Davenport said everyone was
talking about Gerlach.20 Romary also stated that he talked to Foster on Sunday, September 29. At
?rst, Romary said that Foster mentioned being disturbed by photos he had seen of Gerlach. Later,
however, Romary said he was rmsure whether the topic of Gerlach even came up dining his

 

?9 This video was taken at Sup Dogs and is believed to be from a different night. Gerlach appears to be
wearing a different shirt than he is in the other videos from the evening of September 25. Additionally. eaimine
Hutson indicated that she knew someone who was there when that video was ?lmed. and it was on a different night.
The video was posted on Instagram on September 25. 2019. at 11:35 a m. (EDT). before the time of the events that
are the subject of this investigation.

2? Matt Davenport confn?med that he teaches a Criminal Justice class at ECU on Mondays. Wednesdays. and
Fridays. Matt Davenport said that. on Friday. September 27. many students were talking about Gerlach being out
drinking that week.

21

conversation with Foster on September 29. Romary then explained that, late at night UK time, he
saw the story about Gerlach on WITN.

23. Romary stated that he did not believe the Images had been pulled together and
provided to the media as part of a ?smear effort.? Romary said all the Images were already
available online when WITN posted the story Sunday morning.21 Furthermore, Romary
speci?cally stated he had not seen the email that was sent to the media, or materials send to the
Board of Governors. Rather, Romary said he had been retained by the Fraternal Order of Police
and the Police Benevolent Association to investigate the incident, since, according to Romary,
Gerlach had alleged police of?cers had ?set him up.?22

24. During our interview, Romary stated that Gerlach?s conduct was ?between he and
his wife,? language very similar to that used in the First Email. As part of his investigation,
Romary said that he had a former ?Vice of?cer? review the photos. Romary claimed not to have
shared his analysis of the photos with anyone, including his clients, before speaking with us on
October 18. However, Romary?s assertions to 11s signi?cantly tracked those of the First Email sent
on September 29. During our interview, Romary said that, ?if you look at the photos, her hands
are right in his groin?; in other words, Romary explained that Gerlach ?is getting a handjob through
his pants.? The First Email said, ?You cannot see her hands, they are not on her legs, they are not
on the bar, perhaps one of the pictures others were taking or those I have don?t leave much to the
imagination.? The First Email also captioned this photo ?handjob.? Regarding another photo,
Romary said that Gerlach was ?holding [the Blue-Shifted Woman] not trying to get past
her. The First Email then states that Gerlach ?grabbed [the Blue-Skirted Woman] by the back of
her neck and the hair; it was Romary said that he had not seen any emails from
iohnqpublicatecu@ gmailcom. Romary declined to identify the vice of?cer he showed the photos
to and who helped produce this analysis as the former Vice of?cer is now his client. Romary also
declined to let us examine his cell phone to verify any of these details of his communications.

25. Romary offered that Board of Governors member Thomas Fetzer is publicly known
to be a client of his. Romary declined to disclose whether any other member of the Board of
Governors are clients. Romary explained that Thomas Fetzer hired him to conduct an investigation

 

2? Our investigation does not support these statements. First. the only Images we are aware of being published
prior to September 29. 2019 were videos of Gerlach with a woman at Sup Dogs (posted on the morning of September
25 from a prior date). and the video of him dancing at 5th Street Amrex. Additionally. to our knowledge. WITN did
not publish any photos or videos until the afternoon of Sunday. September 29.

22 We spoke with an executive of the North Carolina Police Benevolent Association. who advised us that
while the PBA has used Romary in the past. they did not employ him to investigate or report on anything in cormection
with this incident. Romary could have been retained by a local Greenville representative of the Police Bene?t
Association or the FOP. Romary ?led a petition to gain access to street camera footage on behalf of the PBA and
FOP on October 25. 2019.

22

into an applicant for Chancellor of Western Carolina University. Romary said that Thomas Fetzer
only provided Romary with the name of the applicant, and he investigated from there.

26. Romary said that he had ?sort of? received complaints and forwarded them to the
Board of Governors. He said that he had a former law partner who knew of an ECU faculty
member who had a grievance and he gave it to Romary who conveyed it to the Board. The faculty
member did so because the faculty member knew of Romary?s relationship with Harry Smith and
what he did in connection with the Western Carolina chancellor applicant?. He indicated that is
the only complaint he has forwarded. Romary said he did not know of the validity of the complaint
and proceeded to explain it had to do with issues in OIED24 and embezzlement. The faculty
member was concerned about retaliation so he spoke to Harry Smith about this. Romary thinks
that the investigating may be Womble Bond Dickinson.25

27. Fetzer previously hired Romary to investigate a matter related to the Board.
Accordingly, we asked Mr. Fetzer to provide us with any documents or data he has pertaining to
UNC System business, to include the events under investigation, from January 1, 2019 through
the present. In this investigation Mr. Fetzer provided approximately 15 emails related to ECU.
On October 26, we sought to that he does not have any other responsive texts, emails,
documents or data but had not heard from him by the time of the submission of this report.

28. Romary offered that he knew many members of the ECU Board of Trustees and the
UNC Board of Govemors, including Vern Davenport, Fielding Miller, Max Joyner, Phil Lewis,
Angela Moss, Leigh Fanning, Philip Byers, Leo James Hohnes, Thomas Fetzer, Harry
Smith, Thomas Goolsby, David Powers, Michael Williford, Steven Long, and Pearl Bruris-Floyd.
On his own, Romary added that he has known Smith ?for a long time.?

29. When we asked Romary if had a written engagement letter with the Police
Benevolent Association or Fraternal Order of Police, he became belligerent and stated he would
talk to Betsy DeVos about us and this investigation. He thinks our entire investigation is
ridiculous, and that Gerlach has maligned law enforcement of?cers with talk of a 

On Saturday, October 26, 2019, Gerlach resigned as Interim Chancellor and we were asked to
produce a report to re?ect the findings to that date.

 

23 Romary indicated that this chancellor applicant had committed 7 counts of wire fraud for lying on the
application.

24 OIED is believed to be Of?ce of Innovation and Economic Development.

25 While Womble Bond Dickinson was retained to investigate a complaint by a faculty member at ECU that
was submitted to Harry Smith. this was not the substance of that complaint.

25 Mr. Gerlach. through legal counsel. con?rmed he was not asserting law enforcement was engaged in a
?set-up.?

23