John Doe V Williams College Motion For Summary Judgment Exhibit 68

Case 3:16-cv-30184-MGM Document 124-68 Filed 09/30/18 Page 1 of 146
VOLUME I 1
UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS
WESTERN SECTION
Docket No.
16-CV-30184
JOHN DOE,
Plaintiff
vs.
WILLIAMS COLLEGE,
Defendant
DEPOSITION OF: NINAH PRETTO, taken before

Kathleen M. Houghton, Notary Public
Stenographer, pursuant to the Federal Rules of
Civil Procedure, at Williams College, Hopkins
Hall, Room 201, 880 Main Street, Williamstown,
Massachusetts on February 15, 2018, commencing
at 12:31 p.m.
APPEARANCES:
(Please see Page 2.)
Kathleen M. Houghton
Court Reporter
VOLUME I 2
APPEARANCES:
ROSSI LAW FIRM

P.O. Box 442
Hoosick Falls, New York 12090,
representing the Plaintiff.
BY: STACEY ELIN ROSSI, ESQUIRE
(413) 248-7622
berkshirelegal@gmail.com
KRISTA A. WROLDSON MILLER, ESQUIRE

75 North Street, Suite 310
Pittsfield, Massachusetts 01201,
representing the Plaintiff.
(413) 499-4166
www.kristamillerlaw.com
LOCKE LORD LLP

111 Huntington Avenue
Boston, Massachusetts 02199,
representing the Defendant Williams
College.
BY: DARYL J. LAPP, ESQUIRE
(617) 239-0174
daryl.lapp@lockelord.com
VOLUME I 3
1 I N D E X
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2 WITNESS DIRECT CROSS REDIRECT RECROSS
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3 NINAH PRETTO 5
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4 EXHIBIT DESCRIPTION PAGE
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5 43 Hearing panel documents 16
44 Packet of material 16
6 45 Packet of material 16
7 46 J. Doe's Response, page 5 32
8 47 A. Kurker's Report, page 4 36
9 48 Exhibit P-13E of Plaintiff's complaint 38
10 49 Excel spreadsheet, 1 pg. 41
11 50 Report 45
12 51 Exhibit A of 9/24/16 Response 55
13 52 J. Doe's Response, page 2 73
14 53 Decision letter, 2 pgs. 93
15 54 emails, 1 pg. 95
16 55 J. Doe's Second Response, 3 pgs. 100

56 J. Doe's Second Response, page 4 103
17
57 email 106
18
58 Final findings letter 116
19
59 emails, 2 pgs. 118
20 60 email 120
21 61 Page 39 of Report 123
22 62 email 126
63 email 127
23 64 Doc 76-9, page 15 131
*****
VOLUME I 4
1 S T I P U L A T I O N S
3 It is agreed by and between the parties
4 that all objections, except objections as to
5 the form of the question, are reserved, to be
6 raised at the time of trial for the first
7 time.
9 It is further agreed by and between the
10 parties that all motions to strike
11 unresponsive answers are also reserved, to be
12 raised at the time of trial for the first
13 time.
14
15 It is also agreed that the deponent will
16 read and sign the deposition transcript.
17
18 It is further agreed by and between the
19 parties that notification to all parties of
20 the receipt of the original deposition
21 transcript is also hereby waived.
22
23 *****
VOLUME I 5
1 NINAH PRETTO, Deponent, having
2 been satisfactorily identified by the
3 production of a driver's license, was duly
4 sworn in and questioned and testified as
5 follows:
6 DIRECT EXAMINATION BY MS. ROSSI
7 Q. Good afternoon. My name is Stacey
8 Elin Rossi. Could you please state and spell
9 your name for the record?
10 A. Ninah Pretto, N-I-N-A-H P-R-E-T-T-O.
11 Q. And what city and state do you reside
12 in?
13 A. I live in Williamstown,
14 Massachusetts.
15 Q. Do you reside in any other locations?
16 A. No.
17 Q. What is your employment?
18 A. I work as the assistant dean of
19 international student services at Williams
20 College.
21 Q. Have you ever gone through a
22 deposition before?
23 A. No.
VOLUME I 6
1 Q. Let me go through some parameters.
2 If I ask a question that is unclear, please
3 let me know so I can rephrase it in a way that
4 would make it more understandable.
5 It makes the court reporter's job
6 significantly easier if only one person at a
7 time is speaking. So even if you think you
8 know the question I'm asking, please wait
9 until I am done before answering it.
10 If at any time you need to take a
11 break and pause the deposition, you may ask to
12 do so, only we ask that you complete the
13 currently pending question first.
14 Next, all of the questions -- I will
15 be using the names John Doe and Susan Smith to
16 maintain confidentiality of the parties but we
17 understand who those people are, correct?
18 A. Mm-hmm.
19 Q. All of the questions I'll be asking
20 in the first part of this deposition have to
21 do with the primary adjudication of the case
22 and I will let you know when the questioning
23 turns on -- forward in time to the appeal.

VOLUME I 7
1 Okay. Ms. Pretto, how long have you
2 been employed by Williams College?
3 A. Almost two years.
4 Q. And what position do you hold?
5 A. Assistant dean of international
6 student services.
7 Q. And what are your responsibilities?
8 A. My primary role here is to support
9 the international students who come from
10 abroad to Williams College.
11 Q. And have you had this position during
12 the entire tenure at Williams College?
13 A. Yes.
14 Q. At the time you were invited to be on
15 the hearing panel in this case, is it correct
16 that had you worked at the college for
17 approximately five months?
18 A. I don't remember the exact time.
19 Q. You were invited to be on the hearing
20 panel in this case -- okay. It was in October
21 of 2016. So at that point how long had you
22 worked at the college?
23
VOLUME I 8
1 A. So, yes, about five or six months,
2 mm-hmm.
3 Q. Where did you receive your bachelor's
4 degree?
5 A. I received it from the University of
6 Rochester.
7 Q. And when was that?
8 A. In 2005.
9 Q. What was your major?
10 A. Political science.
11 Q. And do you have any graduate degrees?
12 A. Yes.
13 Q. And can you tell us from where you
14 received that?
15 A. From New York University.
16 Q. And what is the graduate degree in?
17 A. In higher education and student
18 affairs.
19 Q. Before serving on this hearing panel,
20 had you ever served on a panel that
21 adjudicated sexual misconduct complaints
22 before?
23 A. It was one of my first. I'm not -- I

VOLUME I 9
1 can't recall if I had served on many others or
2 how many others.
3 Q. Okay. So five months after you
4 started you might have been serving on a
5 different panel?
6 A. Mm-hmm.
7 MR. LAPP: You should try to
8 say yes.
9 THE WITNESS: Okay.
10 MR. LAPP: So that the court
11 reporter has something to record other than
12 mm-hmm. Everybody knows what you mean but it
13 makes a better transcript if you say yes.
15 Q. (By Ms. Rossi) Did you receive
16 training at the college to be a panelist on
17 sexual misconduct hearing panels?
18 A. Yes.
19 Q. And when was that?
20 A. Shortly after I began my time at
21 Williams.
22 Q. Okay. And what is your understanding
23 of the duties that hearing panels have in

VOLUME I 10
1 adjudicating sexual misconduct cases?
2 A. Can you repeat the question?
3 Q. Well, what do you think is the main
4 responsibility of the hearing panel?
5 A. To review the case and then determine
6 whether they're responsible or not
7 responsible.
8 Q. Okay. And do you recall how many
9 hours of training you've received at the
10 original training you had?
11 A. I would say approximately a two-hour
12 training.
13 Q. Do you recall what the training
14 involved?
15 A. Yes, but do you require details?
16 Q. Just give us a description of what
17 the training included.
18 A. Just a review of the process, our
19 role and responsibilities, and case studies so
20 that we could practice.
21 Q. Were you trained at all to believe
22 the accuser?
23 A. No.
VOLUME I 11
1 Q. And who conducted the training?
2 A. Meg Bossong.
3 Q. What is your understanding of the
4 role that the college's reputation plays in
5 the hearing panel's decision-making?
6 MR. LAPP: Objection.
7 THE WITNESS: I don't think
8 the reputation plays a role.
9 Q. (By Ms. Rossi) So were you -- let me
10 just ask that question that I have planned.
11 Were you trained to consider the college's
12 reputation?
13 A. No.
14 Q. Would you agree that for a person's
15 statement to be credible they should be
16 consistent?
18 THE WITNESS: I mean it --
19 like, not necessarily.
20 Q. (By Ms. Rossi) Would you agree with
21 the statement that every survivor of sexual
22 assault ought to be believed?
23 A. Yes.
VOLUME I 12
1 Q. Were you familiar at all with John
2 Doe or Susan Smith before you were asked to
3 serve on the panel?
4 A. No.
5 Q. Were you aware at all that John Doe
6 had complained about Dean Bolton's bias
7 against Susan Smith?
9 THE WITNESS: What's the
10 timing?
11 Q. (By Ms. Rossi) At the time of being
12 brought on to the panel?
13 A. No.
14 Q. Okay. When the college had what it
15 calls a hearing in this case, what steps did
16 it take to have that hearing?
17 MR. LAPP: I object to the
18 form of the question.
19 Q. (By Ms. Rossi) Can you tell me how
20 you became aware of the Friday, October 21st,
21 hearing or the first date that I have here
22 noted as a hearing panel meeting?
23 A. I was notified by the dean to

VOLUME I 13
1 participate.
2 Q. And what -- okay. And how was that
3 communicated to you?
4 A. I was asked by email.
5 Q. Is it correct that the primary
6 adjudication phase of this process involved
7 two in-person meetings of the panel?
8 A. I don't remember how many meetings we
9 had.
10 Q. Let me show you this document,
11 please. Can you describe it for us?
12 A. I believe this is where we first met
13 as a panel, place and time.
14 Q. Okay. And at that first meeting
15 there on that first page, can you tell us who
16 was present?
17 A. It was three panelists, myself, Steve
18 Klass, and Aaron Gordon.
19 Q. And did I hear you say Dean
20 Sandstrom?
21 A. No.
22 Q. She wasn't present?
23 A. If this was the meeting of the

VOLUME I 14
1 panelists, no, she wasn't. I mean, she may
2 have done like an introduction to what we're
3 supposed to be doing but then we meet by
4 ourselves.
5 Q. Okay. I believe that this was the
6 first introduction where you had a refresher
7 training?
8 A. Yeah, but she does that for every
9 panel, like just goes over the policy and
10 procedures and how it's going to look and then
11 she leaves, and then we meet as a panel.
12 Q. Okay. So on the second page there,
13 would that have been then the --
14 A. Just us.
15 Q. -- just you hearing?
16 A. Mm-hmm, mm-hmm.
17 Q. Okay.
18 A. Mm-hmm.
19 Q. Okay. And returning to the first
20 meeting there on the first page, can you
21 describe what Dean Sandstrom went over with
22 you?
23 A. She went over just the policies and

VOLUME I 15
1 what our role was, just -- and then passed out
2 the packet that included the information about
3 the case.
4 Q. And do you recall what those policies
5 were?
6 A. Not off the top of my head.
7 Q. Did you receive any hard copy
8 materials at that meeting?
9 A. Yes.
10 Q. Do you have any idea why these were
11 not produced?
13 THE WITNESS: Produced when?
14 Q. (By Ms. Rossi) To the college. I'm
15 sorry, from the college.
16 Have you been asked to produce
17 documents, written documents that may have
18 contained materials relevant to this case?
19 A. Not directly from us. We're given
20 the material for the case.
21 Q. Okay. Thank you. I'll take that
22 back.
23 MS. ROSSI: We'll mark this

VOLUME I 16
1 as the next exhibit, which would be 43.
2 (Exhibit No. 43, marked.)
3 Q. (By Ms. Rossi) Could this document
4 be the material that you received?
5 Oh, I'm sorry. Let me show you this
6 packet of material. (Indicating)
7 A. Okay. I don't remember if this was
8 the exact presentation.
9 Q. I'll take that back because possibly
10 it would be this packet.
11 MS. ROSSI: We're going to
12 mark this as Exhibit 44.
14 Q. (By Ms. Rossi) Let me hand you this
15 packet and does this look like the materials
16 that you might have received?
17 A. I mean, I don't remember if this is
18 exactly it but perhaps.
19 Q. Okay. I'll take that back. Thank
20 you.
21 MS. ROSSI: We will mark it
22 as Exhibit 45.

VOLUME I 17
1 Q. (By Ms. Rossi) Having only
2 participated in one, maybe two, panels at this
3 time, would you say that this material was new
4 to you?
6 THE WITNESS: Yes, but I had
7 a good understanding of it.
8 Q. (By Ms. Rossi) Is it correct that
9 because there was voluminous information and
10 it consisted of many pages, the panel did not
11 have a discussion about substantive issues of
12 the case when you met?
13 A. No.
14 Q. After your first meeting is it
15 correct that the panel had an opportunity to
16 review the material?
17 MR. LAPP: Are you talking
18 about -- I'm confused. Are you talking about
19 the material from the investigator?
20 MS. ROSSI: Okay.
21 MR. LAPP: You're talking
22 about the panel met after the initial
23 training.
VOLUME I 18
1 MS. ROSSI: I'll get -- I'll
2 rephrase and clarify.
3 Q. (By Ms. Rossi) After the first
4 meeting --
5 A. Of the panel?
6 Q. Yeah. The first meeting on October
7 21st with Dean Sandstrom present, had any of
8 the case material been presented at that
9 point, like specific to this case or was it
10 just review and refresher?
11 A. No, it was presented after --
12 Q. Okay.
13 A. -- Dean Sandstrom's presentation.
14 Q. So would it be the first time that
15 you saw the -- all the evidence in the case,
16 the report, the responses, that would have
17 taken place November 2nd at the second
18 meeting?
19 A. Right. She distributed it I think
20 because it was quite voluminous, like a lot of
21 pages. We started reading in that first
22 meeting and then continued reading in the
23 second meeting.
VOLUME I 19
1 Q. Could you tell me on page two of
2 Exhibit 43 the total amount of time that that
3 meeting consisted of?
5 form of the question. The question -- how
6 much time it was scheduled for or how much
7 time it actually took?
8 Q. (By Ms. Rossi) Could you tell me on
9 that document how much total time is allocated
10 for that meeting?
11 A. An hour and a half.
12 Q. And did the meeting take an hour and
13 a half?
14 A. Mm-hmm.
15 Q. Thank you. I'll take that back.
16 A. Yes.
17 Q. After that meeting did you convene at
18 all to discuss the allegations?
19 A. No, only at scheduled times.
20 Q. Okay. So would you say all in all
21 then the panel took an hour and a half to
22 discuss the allegations?
23 A. There was only reading at that point.

VOLUME I 20
1 Q. It was only reading at that point?
2 A. Mm-hmm.
3 Q. So is it correct that you couldn't
4 take the material out? It was only in person
5 hard copy that you were allowed to see and you
6 couldn't take it home with you?
7 A. Yes, that's correct.
8 Q. Okay. Thank you.
9 Okay. Now, I'm seriously confused
10 because there's no other meeting that the
11 hearing panel met to discuss the
12 deliberations; is that correct?
13 A. I think that we had more meetings
14 because there was a lot of time spent reading
15 and then talking. I don't remember.
16 Q. So could you tell me how much time
17 you might have taken at a meeting that is not
18 on any of the documents that have been
19 produced to meet and deliberate and discuss
20 the allegations with the other panelists?
22 form of the question. For one thing you
23 haven't shown her all the documents that have

VOLUME I 21
1 been produced, so you're asking her to testify
2 about what's not indicated in the document.
3 MS. ROSSI: So do you want me
4 to produce a negative? There's none that
5 exist, so I can't really...
6 MR. LAPP: You've marked as
7 a --
8 MS. ROSSI: Do you want me to
9 produce 10,000 documents and say do you want
10 to look for this that doesn't exist?
11 MR. LAPP: We've marked as an
12 exhibit a document which I think collects more
13 than one meeting of the panel which you
14 haven't shown her and you're asking her --
15 MS. ROSSI: We've had an
16 opportunity to look --
17 Q. (By Ms. Rossi) Let me return Exhibit
18 43. And as far as the documents that have
19 been produced that show your calendar
20 appointments, as far as these documents go,
21 there is no hearing panel meeting at which you
22 deliberated the case; is that correct?

VOLUME I 22
2 Q. (By Ms. Rossi) Because the two
3 hearing panel meetings, one was given
4 documents and the next one was just reading
5 documents?
6 A. Mm-hmm.
7 Q. And you've testified that there's, at
8 least according to these calendar dates, none
9 of these particular times were spent
10 discussing the case?
11 A. So I may -- can I make a correction
12 then --
13 Q. Yes.
14 A. -- because I'm remembering what we
15 did.
16 Q. Yes.
17 A. So we were given the materials in
18 this first meeting. We began reading but
19 since it was so thick, we knew that we would
20 need a lot of time to read so I did -- we did
21 have the opportunity to check out documents in
22 the office to read on our own.
23 Q. Okay.
VOLUME I 23
1 A. And then I believe this was a meeting
2 after we were done reading, we came together
3 and discussed it. (Indicating)
4 Q. Okay.
5 A. So I think that's why there was
6 confusion.
7 Q. Okay. Thank you very much.
8 Okay. So did you just correct
9 yourself and said you were able to take home
10 the written materials and review before that
11 meeting?
12 A. No, we were not able to take it home.
13 We were able to check it out.
14 Q. Check it out. Okay.
15 A. In the office.
16 Q. I see.
17 A. And then return it.
18 Q. Like a library where you can't take
19 out from the building?
20 A. Right, and I had to be alone in my
21 office with the material and then return it
22 right back to where it was stored.
23 Q. Okay. Thanks.
VOLUME I 24
1 Is it your understanding that the
2 report and exhibits contain evidence that the
3 investigator determined was relevant?
4 A. Yes.
5 Q. And would you say that you understood
6 that information would not be in the report if
7 it was irrelevant?
8 A. Yes.
9 Q. Was it the hearing panel's duty to
10 consider all of the evidence that you were
11 provided, the entire report and everything
12 else including the responses?
13 A. Yes.
14 Q. And was it the duty of the panel to
15 not consider information that was not
16 provided?
17 Extraneous information should not be
18 considered, correct?
19 A. Yes.
20 Q. And now that we've established that
21 it's the duty, did the panel consider all of
22 the evidence it was provided?
23 A. Yes.
VOLUME I 25
1 Q. Is the panel supposed to be like a
2 fact-finding jury?
4 THE WITNESS: I'm sorry?
5 Q. (By Ms. Rossi) Is the panel supposed
6 to decide what facts actually occurred?
7 A. No.
8 Q. Okay. Is the panel supposed to find
9 the truth of what happened?
10 A. To the best of our ability to
11 understand what happened.
12 Q. And is it the panel's responsibility
13 to produce a findings letter that captures the
14 full and complete rationale of the panel?
16 THE WITNESS: No.
17 Q. (By Ms. Rossi) Is it the panel's
18 responsibility to produce a findings letter
19 that explains why it made the decision it
20 made?
21 A. Yes.
22 Q. Okay. Backing up, prior to the
23 hearing did you ever read the sexual

VOLUME I 26
1 misconduct policy?
2 A. Yes.
3 Q. And where did you find that policy?
4 A. In the training and on our website.
5 Q. Were you aware at the time of the
6 hearing that the training materials only
7 contained a few key definitions of terms?
8 A. What do you mean by that?
9 Q. These materials don't contain key
10 definitions. I mean, they don't contain the
11 whole policy; it just contains certain terms
12 and a few excerpts?
13 MR. LAPP: Just for the
14 record, you're looking at an exhibit which is
15 one of the PowerPoint presentations.
16 MS. ROSSI: I was going to
17 get to that.
18 MR. LAPP: All right.
19 Q. (By Ms. Rossi) So let me show you
20 Exhibit 45. So these having been most likely
21 the training materials, are you aware that it
22 only contains certain terms?
23 In fact, I don't know if it was this

VOLUME I 27
1 one. Let me se. Here we go. Like this?
2 (Indicating)
3 A. Mm-hmm.
4 Q. There we go. That's from your code
5 of conduct. Obviously, that's just a
6 definition, is that correct --
8 Q. (By Ms. Rossi) -- of sexual assault?
9 MR. LAPP: I'm sorry, I
10 didn't mean to interrupt you. I object to the
12 THE WITNESS: Yeah, I'm not
13 sure what you mean by were you aware.
14 Q. (By Ms. Rossi) Mm-hmm.
15 A. I mean, what's presented on the
16 PowerPoint is not always everything that the
17 person training is discussing.
18 Q. Okay.
19 A. So it could have been more.
20 Q. Okay. Were you aware that the
21 materials that you were provided were for the
22 college's policy that became effective after
23 the alleged Labor Day 2014 incident?

VOLUME I 28
3 THE WITNESS: I don't know.
4 Q. (By Ms. Rossi) You don't know if you
5 were aware or not?
6 A. Yeah, I don't know.
7 Q. During any of your panel trainings
8 was the difference between the policy as it
9 had been up to October 2014 compared to
10 afterwards explained to you?
11 A. I don't remember.
12 Q. At any point at the hearing or
13 leading up to the hearing did you receive any
14 documents identifying what is meant by the
15 term "effective" in the definition of
16 nonconsensual sex?
18 Q. Do you recall ever talking about what
19 that term meant at that point in time?
20 A. Which term?
21 Q. The term "effective"?
22 A. In terms of?
23 Q. The definition of nonconsensual sex.

VOLUME I 29
3 THE WITNESS: I'm not sure
4 how to answer that. I don't understand.
5 Q. (By Ms. Rossi) So in your
6 deliberations did the panel ever discuss what
7 that term meant?
9 form. The term "effective" on its own as a
10 single word --
11 MS. ROSSI: It is.
12 MR. LAPP: -- not in the
13 context of the policy in which it is?
14 MS. ROSSI: Either way.
15 Q. (By Ms. Rossi) The term, did you
16 discuss what it meant?
19 THE WITNESS: We discussed
20 the policy in detail.
21 Q. (By Ms. Rossi) But did you discuss
22 that word at all in detail?

VOLUME I 30
2 THE WITNESS: I mean, we
3 discussed it like the policy and how it
4 applied. I don't know. Yes.
5 Q. (By Ms. Rossi) Okay. Let me show
6 you again Exhibit 45 and if you can read this
7 passage at the top there? (Indicating)
8 Read it aloud, please.
9 A. Okay. Any sexual intercourse,
10 however slight, with any object by any person
11 upon any other person without effective
12 consent.
13 Q. And is that the definition of
14 nonconsensual sexual intercourse?
15 A. That's here, yes.
17 you.
18 Did you discuss what the term
19 "affirmative consent" meant?
20 A. Yes.
21 Q. Okay. Let me show you this document.
22 Can you describe it to us, please?
23 A. Yeah. This was the policy in the

VOLUME I 31
1 report.
2 Q. Right, correct.
3 A. Mm-hmm.
4 Q. So this being the policy that was not
5 in the report actually. This was John Doe's
6 response to the report, page five of his
7 response.
8 A. Mm-hmm.
9 MR. LAPP: You're rep --
10 this is page five from Doe's response --
11 MS. ROSSI: Correct.
12 MR. LAPP: -- to Allyson
13 Kurker's report, that's the representation,
14 with some red highlighting from you?
15 MS. ROSSI: Yes.
16 MR. LAPP: Okay.
18 Q. (By Ms. Rossi) So with that in front
19 of you, could you tell me if you discussed the
20 difference between the policy in the report
21 compared to the policy that was in effect at
22 the time of Labor Day 2014 as provided in
23 John's response?
VOLUME I 32
1 A. Yes, we discussed that.
2 Q. So could you elaborate on the
3 discussion about the difference?
4 A. I don't remember. I don't want to
5 give information that I don't remember clearly
6 but I remember we had conversation about the
7 policies.
8 Q. Okay. I'll take that back.
9 MS. ROSSI: And we will mark
10 that as Exhibit 46.
12 Q. (By Ms. Rossi) Was the panel
13 concerned that the policy provided in the
14 report was not in effect at the time of the
15 alleged incident?
16 A. I don't remember how we talked about
17 the policy. I know that we were using the
18 policy in effect at the time of the incident
19 happening when we were discussing.
20 Q. Okay. Then did the panel understand
21 that the policy in effect at the time of the
22 alleged incident is the policy under which the
23 charges must be analyzed?

VOLUME I 33
1 A. Yes, if I'm understanding that right.
2 Q. Then why didn't the panel use the
3 policy that was in effect at the time?
4 A. I don't remember that.
5 Q. Okay. Just to be clear, make sure I
6 understand this. At the time of this hearing
7 you understood that the policy that should be
8 used is the actual policy in place at the time
9 of the alleged incident?
10 A. Yes.
11 Q. But instead of doing that, the panel
12 used the policy that was presented in the
13 report; is that correct?
15 MS. ROSSI: Can we read back?
16 Can we read back because I think I'm a little
17 lost. Can we read back like a few questions,
18 please? I think I might have misheard
19 Ms. Pretto.
20 (Reporter read back, as
21 requested.)
22 Q. (By Ms. Rossi) Okay. So if I
23 understood your answer to a question earlier,

VOLUME I 34
1 is it correct that the panel did compare the
2 policies?
3 A. Yes.
4 Q. Okay. At the time of the hearing did
5 the panel understand that consent may be
6 inferred from silence or passivity?
9 THE WITNESS: No.
10 Q. (By Ms. Rossi) Did you believe that
11 consent may not be inferred from silence or
12 passivity?
13 A. Can you reword that?
14 Q. Let me repeat it and then maybe I'll
15 need to rephrase it.
16 A. Okay.
17 Q. Did you believe that consent may not
18 be inferred from silence or passivity?
21 THE WITNESS: If you could
22 reword it. I don't want to misunderstand it.
23 Q. (By Ms. Rossi) Okay. Let me show

VOLUME I 35
1 you this, please. Can you describe that
2 document I just handed to you?
3 A. This is the Sexual Assault Misconduct
4 Policy 2014.
5 Q. Okay. And if I may point out a
6 section of this to you... Okay. This was
7 from the report. I'm going to take this back.
8 MS. ROSSI: We're identifying
9 this as Exhibit 47.
10 MR. LAPP: I'm sorry, is that
11 part of -- that's a new exhibit?
12 MS. ROSSI: Yes, Exhibit 47.
13 If you want to describe it in more
14 detail --
15 MR. LAPP: What is this?
16 This is page 4 of 40 and it looks like a court
17 filing.
18 MS. ROSSI: That's correct.
19 MR. LAPP: So what is this
20 from?
21 MS. ROSSI: That is that page
22 from Allyson Kurker's report that was filed in
23 court.
VOLUME I 36
1 MR. LAPP: All right.
2 MS. ROSSI: Page four.
4 Q. (By Ms. Rossi) Okay. Could you take
5 a look at this document and describe it to us?
6 MR. LAPP: I think the first
7 question is: Have you ever seen this
8 particular document before?
9 THE WITNESS: I don't
10 remember where this fell in.
12 A. I don't remember. So this is the
13 policy in the report and this is post, the new
14 policy.
15 Q. You may not have ever seen this.
16 It's possible.
17 MR. LAPP: Rather than play
18 games with the witness, why don't we tell the
19 witness what she's looking at.
20 THE WITNESS: Yeah, because I
21 don't remember.
22 MS. ROSSI: Okay. She
23 doesn't remember. I will be glad to describe

VOLUME I 37
1 it for us. This is Exhibit P-13E that is
2 attached to plaintiff's complaint.
3 MR. LAPP: So this is -- in
4 other words, this is a document you created?
5 MS. ROSSI: And it has been
6 filed in court.
7 MR. LAPP: I understand. I
8 just think it would be fair to the witness to
9 explain what it is she's looking at rather
10 than...
11 MS. ROSSI: Okay. Yes.
12 Q. (By Ms. Rossi) For your benefit,
13 yes, this is a document that I created. It's
14 an attachment to John Doe's complaint in
15 court. And if you could just read the last
16 sentence on this page, please?
17 A. Okay.
18 Q. Could you read it to us aloud,
19 please?
20 A. Consent may not be inferred from
21 silence or passivity.
22 Q. Okay. And could you tell us under
23 what section that sentence falls under and

VOLUME I 38
1 what policy is identified for that particular
2 sentence?
3 A. Post October 2015 policy.
4 Q. Thank you.
5 MR. LAPP: According to you.
6 MS. ROSSI: And according to
7 college documents.
8 MR. LAPP: All right. Fine.
9 This is --
10 MS. ROSSI: Okay. So this
11 will be 48.
12 MR. LAPP: I'm just going to
13 say on the record something that I said off
14 the record before, which is, I think we're
15 wasting an enormous amount of time having
16 witnesses read into the record what documents
17 say.
18 MS. ROSSI: Okay.
19 MR. LAPP: I'm not going to
20 instruct her not to answer. I just want to
21 make my point for the record.
23 Q. (By Ms. Rossi) So, Ms. Pretto, it is

VOLUME I 39
1 your testimony today, correct, that you used
2 the policy in effect at the time of the
3 alleged incident and also -- let me rephrase.
4 Is it correct that your testimony is
5 that you used the policy in effect at the time
6 of the alleged incident that occurred October
7 2014?
9 That's --
10 MS. ROSSI: I'm just trying
11 to be clear because there have been statements
12 and then conflicting statements, so I'm trying
13 to establish and test the testimony.
14 MR. LAPP: All right. But I
15 think you misrepresented when the alleged
16 incident took place. I think it was --
17 MS. ROSSI: October 2000 --
18 MR. LAPP: I think it was
19 September 1.
20 MS. ROSSI: Yes, you're
21 right. Sorry. Yes, September -- September of
22 2014, which is Labor Day, before the policies
23 went into effect in 2014, a different policy

VOLUME I 40
1 change.
2 THE WITNESS: This was a long
3 time ago and I'm not remembering clearly but I
4 know we did use the correct policy for this
5 case at the end.
6 Q. (By Ms. Rossi) At the end though.
7 Maybe -- are you confusing the first hearing
8 and the second and the appeal hearing?
9 A. Yeah, I might be confusing. I don't
10 remember. Sorry.
11 Q. That's okay. We'll move on.
12 Okay. So at some point the panel
13 came to a decision in the primary adjudication
14 phase that John was responsible for
16 A. Can you repeat that?
17 Q. At some point the panel came to a
18 decision that John was responsible for
19 nonconsensual sex; is that correct?
20 A. Correct.
21 Q. Can you please take a look at this
22 document and can you describe that for us,
23 please?
VOLUME I 41
1 A. This is our Excel spreadsheet to keep
2 track of the information when we were
3 discussing the case.
4 Q. And when was that created, like
5 originally created?
6 A. Yeah. Within the first discussions
7 we decided that we needed to organize the
8 information.
9 Q. Okay. Can you read the underlined
10 part in green?
11 A. I need to understand the timing more
12 clearly. It's not unusual to file a Title IX
13 claim well after the incident occurred. Not
14 sure we should dilute the importance of the
15 claim as retaliatory because of where it falls
16 in the sequence of counterclaims.
17 MS. ROSSI: Okay. I'm sorry,
18 I'm going to -- we're going to enter -- we'll
19 return to that though, definitely.
22 enter this as Exhibit 49.

VOLUME I 42
1 Q. (By Ms. Rossi) Okay. Going back to
2 the determination of nonconsensual sex and the
3 issue of implied consent through silence and
4 passivity, did it concern the panel that Smith
5 described that she did not express that she
6 did not want to be having sex?
9 Q. (By Ms. Rossi) Did it concern the
10 panel that Smith described that she did not
11 express that she did not want to be having
12 sex?
13 A. No. It wasn't a concern.
14 Q. Okay.
15 MS. ROSSI: We'll take a few
16 minutes break.
17 (Brief recess taken.)
18 Q. (By Ms. Rossi) Welcome back. So we
19 discussed how the panel came to a
20 determination that the sex was nonconsensual.
21 How is it that the panel came to this
22 conclusion?
23 A. We reviewed what was written in the

VOLUME I 43
1 report and from that we made the decision.
2 Q. So factors would have been important
3 or were important to the hearing panel?
4 A. The accounts that they gave.
5 Q. So about that, we will return to
6 Exhibit 49. And if you can look -- I know
7 it's very small font but under your -- under
8 the letter notes column for your finding
9 letter notes, can you read this passage to us?
10 A. No affirmative consent given. Beyond
11 alcohol there was no consent asked or given.
12 New position and roughness indicate this was
13 not typical interaction. Is this also
14 relationship abuse?
15 Q. Okay. So is it reasonable to say
16 that the two main factors was a new position
17 and the alleged roughness?
18 A. Yes.
20 you.
21 Is it correct that Smith made no
22 allegations that John physically forced or
23 coerced Smith into bed?

VOLUME I 44
2 Q. Is it correct that Smith made no
3 allegations that John physically forced or
4 coerced her into bed?
5 A. That's correct.
6 Q. And she made no statement that she
7 had gone to bed unwillingly with John?
8 A. Correct, from what I can remember.
9 Q. So the panel determined that consent
10 cannot be accompanied by physical discomfort
11 in a different position?
13 THE WITNESS: That's
14 incorrect.
15 Q. (By Ms. Rossi) But the determination
16 was that the sex was nonconsensual because
17 there was an unusual sexual position and
18 roughness; is that correct?
20 THE WITNESS: Part of that.
21 Q. (By Ms. Rossi) And what else?
22 A. That there was no consent to the new
23 position that they were doing.

VOLUME I 45
1 Q. Okay. I'm going to show you this
2 packet. Can you describe it for us, please?
3 A. This is the report.
4 Q. And can you turn to page 11, please?
5 A. Mm-hmm.
6 Q. And can you read the passage I've
7 underlined in red that's I think number one?
8 A. One?
9 Q. Yes.
10 A. We never just started out from
11 behind. She just felt really uncomfortable
12 because she wasn't lubricated and it hurt.
13 Q. Okay. And I'll take that from you
14 but we will return to it. So --
15 MS. ROSSI: And we're going
16 to enter this as Exhibit 50.
18 Q. (By Ms. Rossi) So the panel's use of
19 the term roughness, is it correct that it
20 referred to this insufficient lubrication
21 identified by Smith?
23 THE WITNESS: Not just that,

VOLUME I 46
1 the lubrication, not just the lubrication.
2 There were other factors.
3 Q. (By Ms. Rossi) What other factors?
4 A. The description of the position and
5 how he was holding her.
6 Q. Let me rephrase then. The roughness,
7 are you referring to Smith's statement that
8 you just read that she wasn't lubricated and
9 it hurt?
10 MR. LAPP: Objection. You
11 just asked and answered that. And she said,
12 no, there was more to it.
13 Q. (By Ms. Rossi) The roughness is more
14 than just the lubrication issue; is that what
15 you're saying?
16 A. Yes.
17 Q. Based on exactly what facts?
18 A. All of the situation, like how they
19 were positioned, how he was holding her, and
20 everything else that was in the account.
21 Q. If that's the case, why wasn't that
22 in your findings letter?
23 A. I don't know.
VOLUME I 47
1 Q. Does the word "roughness" have a
2 connotation of violence to you?
4 Q. (By Ms. Rossi) Would you agree that
5 the term "roughness" has a connotation of
6 violence?
8 THE WITNESS: Not in and of
9 itself.
10 Q. (By Ms. Rossi) Okay. Regarding what
11 Smith reported as being the source of her
12 discomfort, did it concern the panel that as a
13 matter of common sense that lubrication isn't
14 instantaneous when having sex?
16 THE WITNESS: Can you repeat
17 that?
18 Q. (By Ms. Rossi) Okay. Smith said
19 that she was really uncomfortable because she
20 wasn't lubricated and it hurt. Did this
21 discomfort concern the panel as being
22 something that could just have been a
23 consequence that lubrication does not occur

VOLUME I 48
1 instantaneously during sex?
3 THE WITNESS: No, I don't
4 think we had that particular concern, the way
5 that you're describing it. I'm not sure.
6 Q. (By Ms. Rossi) Okay. In order to
7 come to the conclusion that a lack of
8 lubrication and an unusual position constitute
9 nonconsensual sex, is it correct that a number
10 of assumptions need to be made in order to
11 come to that conclusion?
13 THE WITNESS: No.
14 MR. LAPP: Misrepresents her
15 testimony.
16 Q. (By Ms. Rossi) Did you assume that
17 Smith and John's sex life didn't include a
18 lubrication problem on a regular basis?
19 A. No.
20 Q. So are you saying that you thought
21 this was something new?

VOLUME I 49
1 I don't -- it wasn't a factor that much.
2 Q. (By Ms. Rossi) In regard to the
3 position, did you assume that their sex life
4 was routine and conducted in the same -- in
5 not that position ever before?
7 THE WITNESS: They both said
8 it was a new position so I -- my thought was,
9 no, they hadn't done that before.
10 Q. (By Ms. Rossi) Actually, Smith never
11 said that she never used the rear position; is
12 that correct?
13 A. That's incorrect. That was a new
14 position.
15 Q. In fact -- well, let's go back to see
16 what she said. Can you read that, please,
17 again, number one?
18 A. We never just started out from
19 behind.
20 Q. Right. So if you read that, is it
21 correct that that doesn't say we never had sex
22 from behind?
23 A. Well, they never started that way.

VOLUME I 50
1 Q. Okay. And Smith said that she did
2 not recall anything except just waking up to
3 having intercourse; is that correct?
6 remember that.
7 Q. (By Ms. Rossi) Can you read what
8 I've underlined on that same exhibit?
9 A. Number one?
10 Q. Yes, please.
11 A. Susan does not remember walking up
12 the stairs to return to her room or removing
13 her clothes to have sex. She just remembers
14 lying on her stomach diagonally across the two
15 beds that they had moved together. John was
16 on top of her and she felt confused about why
17 they were having sex.
18 MR. LAPP: And we're reading
19 again from Exhibit 50.
20 THE WITNESS: Right.
21 MR. LAPP: Page 10.
22 Q. (By Ms. Rossi) Did you notice the
23 inconsistency in these two statements, this

VOLUME I 51
1 one that we've read and the one you read
2 before from her saying that we never just
3 started out from behind?
5 THE WITNESS: Yes.
6 Q. (By Ms. Rossi) You did consider it?
7 A. Yes.
8 Q. How did you reconcile those two
9 differences?
10 A. That their -- that when somebody
11 experiences trauma things are not always
12 clear.
13 Q. It doesn't exactly answer my
14 question. How can you reconcile completely
15 contradictory statements where she says we
16 never just started out from behind and
17 indicating that this is what happened this
18 time and yet she only woke up while they were
19 having sex in the middle of having sex?
20 MR. LAPP: Objection. It's a
21 mischaracterization of the record and your
22 question's already been asked and answered.
23 THE WITNESS: I mean

VOLUME I 52
1 sometimes you remember things in different
2 ways when you -- when you're thinking back on
3 it and you have time, so that's how we were
4 thinking about that.
5 Q. (By Ms. Rossi) You spoke about this
6 with the other panelists?
7 A. Yeah. We spoke about everything in
8 great detail.
9 Q. And can you read at the top of that
10 the other passage I underlined?
11 A. Kind of just forced himself in and it
12 hurt.
13 Q. In this report Smith never stated
14 that they never switched positions during sex;
15 is that correct?
17 Q. So is it possible then that they
18 switched positions?
19 A. I don't know.
20 Q. Okay. They switched positions midway
21 and she didn't remember it possibly?

VOLUME I 53
1 Q. (By Ms. Rossi) Could have been
2 anything?
3 MR. LAPP: Objection. What's
4 "could it have been anything" mean?
5 Q. (By Ms. Rossi) Could -- when you
6 discussed the report and the statements that
7 she made, did you give any consideration to
8 the possibility that this new position was
9 simply just a position that they switched into
10 at some point in the middle of sex?
11 A. No, we didn't make those assumptions.
12 Q. Okay. You didn't talk about that as
13 being a possibility?
14 A. No, I don't remember we talked about
15 that.
16 Q. Okay. So isn't it possible,
17 considering the conflicting statements that
18 you said that the panel discussed, that this
19 allegedly different position actually wasn't
20 unusual?
23 THE WITNESS: No, we didn't

VOLUME I 54
1 say that, how you described.
2 Q. (By Ms. Rossi) What made you think
3 that this was a traumatic experience?
4 A. The descriptions of the events.
5 Q. Did Smith describe having any trauma
6 after this event?
7 A. I don't remember exactly what's
8 written in the report but, yes, that's how her
9 description sounded.
10 Q. How the description sounded?
11 A. That was the experience that she had.
13 Is it correct that Smith told one of
14 the witnesses, Ava, No, he's never done that,
15 he doesn't do that, in reference to physical
16 or sexual abuse?
18 Q. Let me show you Exhibit 50 again and
19 can you please read the line listed as number
20 one in red?
21 A. Ava asked Susan whether John had ever
22 abused her physically or engaged in
23 nonconsensual sex with her and Susan replied,

VOLUME I 55
1 No, he's never done that. He doesn't do that.
2 Q. Did the panel discuss this?
4 Q. Can you read number two for me,
5 please?
6 A. Mm-hmm. Sometime last year? Here?
7 Q. Is it red?
8 A. Yes.
9 Q. Yes, number two.
10 A. Yes. It's just: Sometime last year.
11 Q. Sometime last year?
12 A. Yes.
13 Q. Okay. And does that refer to
14 sometime in the 2015 -- 2014 to 2015 academic
15 year?
17 Q. So it would be the year -- here, let
18 me see if I can refresh your recollection.
19 Sometime last year, so that would be
20 in reference to after this report. So it
21 would be the academic year of 2014 to 2015.
22 So with that in mind, can you please read what
23 is in green, number three?

VOLUME I 56
2 form of the question, which includes --
3 MS. ROSSI: That's okay.
4 MR. LAPP: -- extensive
5 testimony from counsel.
6 THE WITNESS: However, in May
7 2016 while Susan and Ava were spending time in
8 Susan's apartment, she told Ava that the night
9 that she and John moved in together in August
10 2014 they had intercourse even though she was
11 really tired and not in the mood and didn't
12 want to have sex.
13 Q. (By Ms. Rossi) Okay. Did it concern
14 the panel that the statement by Ava originally
15 and closer in time to the alleged
16 nonconsensual sex was that, no, he's [sic]
17 done that, he doesn't do that, but then later
18 was changed to be a statement that indicates
19 Smith had sex at a time she didn't want to?
21 form of that question.
23 remember that -- our discussion around that.

VOLUME I 57
1 Q. (By Ms. Rossi) Did you discuss the
2 contradictory statements?
4 THE WITNESS: Throughout the
5 report?
6 Q. (By Ms. Rossi) These particular
7 ones, yes.
9 Q. Can you please read number four and
10 -- Oh. Can you go to page 13, please?
11 A. Sure. It's 13.
12 Q. Oh, and read four and five?
13 A. Okay. Susan told Elanie Wilson about
14 this incident in June and July 2016. Susan
15 told Elanie that on one occasion when she had
16 been intoxicated and asleep, she awoke to John
17 having sex with her.
18 Q. And did it concern the panel that --
19 well, you already discussed that you
20 considered the contradictory statements so
21 I'll just scratch that last comment.
22 And one more, can you read number
23 six, please?
VOLUME I 58
1 A. During the spring of 2015 Susan told
2 Eman that John had forced himself on her when
3 she didn't want to engage in sexual activity
4 with him.
5 Q. Okay. And is it correct that, as we
6 established earlier, that Smith made no claim
7 or allegation that he used any force or
8 coercion to get her to have sex?
9 MR. LAPP: Objection. That's
10 a gross misrepresentation of the prior
11 testimony. The prior testimony was about
12 coercion and getting into bed with him.
13 MS. ROSSI: I'll ask the
14 question that I asked earlier and then we'll
15 flush it out.
16 Q. (By Ms. Rossi) I asked earlier: Is
17 it correct that Smith made no allegations that
18 John physically forced or coerced Smith into
19 bed or physical -- well, into bed?
20 MR. LAPP: Exactly.
21 MS. ROSSI: Yes, that's fine.
22 I understand this.
23 Q. (By Ms. Rossi) And you said: Yes,

VOLUME I 59
1 that is true?
2 A. Mm-hmm.
3 Q. Did you, the panel, consider this
4 statement in the context of there being no
5 claims that he forced her into bed, into any
6 sort of physical -- without any force, there's
7 no claim that she made that he forced her
8 physically?
9 MR. LAPP: Objection. That's
10 a further misrepresentation of the evidence in
11 the case.
12 THE WITNESS: I mean, in the
13 way that you're saying it, we -- that wasn't
14 why we had come to the decision that we came
15 to. It wasn't about that part of it.
16 Q. (By Ms. Rossi) Okay. So did you
17 discuss at all the fact that there was no
18 allegation that he forced her? There was the
19 holding her down --
20 A. Mm-hmm.
21 Q. -- by virtue of the physical position
22 that they were in, but was there anything else
23 that you thought had happened that made her

VOLUME I 60
1 forced into sex?
3 THE WITNESS: Right. No,
4 there was nothing. No. I mean, I think I'm
5 answering this right from how you're asking.
6 Q. (By Ms. Rossi) Okay. I think I'll
7 take that back. I think we might be done with
8 it.
9 Were you trained at all to look for
10 consistency in the accuser's statements?
11 A. No.
12 Q. Were you trained at all to assess the
13 credibility of the statements?
14 A. No.
15 Q. I asked a similar question earlier
16 about consistent statements. I'm going to
17 rephrase it now.
18 Would you agree that statements to
19 one person that contradict statements to
20 another person shows a lack of credibility?
21 A. Not necessarily.
22 Q. Do you agree with the statement that
23 all sexual assault victims deserve to be

VOLUME I 61
1 believed?
2 A. Yes.
3 Q. Is it correct that you felt enormous
4 sympathy for Smith?
5 Did you feel sympathy for her?
6 A. Sometimes and sometimes, no.
7 Q. Do you believe that allegations alone
8 are evidence?
10 THE WITNESS: I don't know
11 what you mean.
12 Q. (By Ms. Rossi) Given the fact that
13 there is no physical evidence, there's only
14 allegations in this case, do you believe that
15 someone's claims alone are evidence or proof
16 that something occurred?
18 THE WITNESS: I mean, there
19 has to be a preponderance of the evidence of
20 what is there. That's all we have.
21 Q. (By Ms. Rossi) But you believe that
22 someone's word alone is sufficient?
23 A. It's part of it. It's part of all

VOLUME I 62
1 the evidence that we have.
2 Q. Well, in this case did you believe
3 that her allegations alone were sufficient to
4 believe that there was sexual misconduct?
5 A. Her allegations along with the
6 witnesses that were part of the --
7 Q. Her recanting those statements -- I
8 mean her reciting and repeating her
9 statements, correct?
10 MR. LAPP: Object to the form
11 of the question.
12 THE WITNESS: So what was
13 there, yes, the totality of what was there.
15 A. There was not one piece. We didn't
16 separate one piece from another. It was
17 reviewed in totality.
18 Q. Let me hand you this document and see
19 if you recall reading that and can you
20 describe it for us, please?
21 MR. LAPP: And this is what?
22 MS. ROSSI: You can look at
23 the title.
VOLUME I 63
1 MR. LAPP: So this says
2 Exhibit A to 9/24/16 Response to Report with a
3 bunch of whiteouts and handwriting and
4 line-crossings and underlining and annotations
5 of all kinds.
6 MS. ROSSI: This was his
7 response to the report. It's 150 pages or so
8 and that is page what? 44?
9 THE WITNESS: Mm-hmm.
10 MS. ROSSI: Okay.
11 MR. LAPP: With some
12 annotation from you.
13 MS. ROSSI: I did not
14 annotate. I redacted.
15 MR. LAPP: Okay. And what's
16 the question?
17 Q. (By Ms. Rossi) Okay. So can you
18 please read what is underlined?
19 A. It is a matter of common sense and
20 experience that, in general, recollection is
21 likely to be better closer to the index
22 incident than further from the event in
23 question. Put bluntly, memories are likely to

VOLUME I 64
1 fade and the more time that passes the greater
2 that risk. There's a real danger that with a
3 significant passage of time a witness may
4 replay the events in their mind resulting in a
5 greater chance that their recollection becomes
6 influenced by hindsight, sympathy, or
7 extraneous material. In such a case there is
8 a real risk that the witness may recount what
9 they consider to be a genuine recollection of
10 the events although the same has been affected
11 by the passage of time and tainted by same.
12 Q. Okay. So when you received this
13 response to the report, did you and the other
14 panelists discuss this?
15 A. Yes.
16 Q. Okay. And what did -- what was the
17 nature of the discussion? What was said?
18 A. We considered the timing, the way --
19 the recollection -- the way that she recalled
20 the events.
21 Q. Did the panel consider how the
22 passage of time and the deterioration of their
23 relationship could have affected Smith's

VOLUME I 65
1 recollection and story of events?
2 A. Yes, we considered.
3 Q. And could you -- did you consider
4 this as a possibility of having influenced --
5 the deterioration of their relationship, did
6 you consider that a possibility of influencing
7 her recitation of events?
8 A. We considered it but didn't feel that
9 it changed what we were discussing and how we
10 were discussing it.
11 Q. And it's correct that Smith did not
12 consider ever having -- well, not ever but she
13 -- Smith did not consider this particular act
14 nonconsensual until much later in the
15 relationship; is that correct?
17 Q. Okay. I'll take that back. Thanks.
18 MS. ROSSI: This will be
19 Exhibit 51.
21 Q. (By Ms. Rossi) Oh, do you recall how
22 many other allegations Smith made against
23 John?
VOLUME I 66
1 A. I don't remember the number exactly.
2 Q. Do you remember them being many?
3 A. I mean, yeah, if you would describe
4 the other allegations, yeah.
5 Q. And let me show you Exhibit 49 again.
6 So each line is an allegation?
7 A. Right. Mm-hmm, mm-hmm.
8 Q. Okay.
9 A. Yeah.
10 Q. So do you recall that she made those
11 claims -- did it concern the panel that she
12 made all these claims before getting to the
13 claim that there was alleged nonconsensual
14 sex?
15 A. No, it didn't concern.
16 Q. Did it concern the panel that she
17 raised the issue at the very last minute of
18 her interview --
19 A. No.
20 Q. -- after reciting all these other
21 claims?
22 A. No.
23 Q. It didn't concern you?

VOLUME I 67
1 A. No.
2 Q. It was a very traumatic experience
3 allegedly, according to your perception of
4 events, and it didn't concern the panel that
5 it wasn't the first claim that she made?
6 A. No.
7 Q. Okay. I'll take that back. Thanks.
8 Do you recall that Smith never made
9 any claim that John had threatened, or
10 intimidated, coerced, assaulted, or done
11 anything else physically or emotionally that
12 night that would lend itself to the term
13 force?
16 remember the details.
17 Q. (By Ms. Rossi) Okay. And Smith made
18 no comments to the investigator about John
19 doing anything like using his strength to get
20 her into bed, to take off her clothes,
21 anything like that?

VOLUME I 68
1 remember anything.
2 Q. (By Ms. Rossi) Did the panel
3 understand that the policy applicable at the
4 time is a no means no policy, which means
5 consent may be implied from silence or
6 passivity?
8 THE WITNESS: I don't know
9 how to answer.
10 Q. (By Ms. Rossi) That's okay.
11 So did the panel understand that the
12 policy in effect at the time -- I think we
13 covered this ground already so I think I'll
14 just -- we covered this so I'm going to...
15 Do you know what a no means no policy
16 is?
17 A. Yes.
18 Q. Okay. Could you describe it for me,
19 please?
20 A. That the person has to say no or give
21 some sort of body language or something that
22 implies they do not want to engage.
23 Q. Okay. So, in other words, it allows

VOLUME I 69
1 for consent that can be implied from silence
2 or passivity; is that correct? A no means no
3 policy would allow for that?
4 A. Not necessarily.
5 Q. Going back to the delay in reporting
6 and these claims being made, did it concern
7 the panel that there was such a large gap in
8 time between Labor Day 2014 and nearly two
9 years later when the interviews took place?
10 A. I mean, we discussed the time frame
11 but, no, it wasn't a concern.
12 Q. I'm going to return to -- never mind.
13 Okay. How could the panel trust
14 Smith's recollections given the fact that so
15 many hard feelings had developed between them?
16 A. We only could judge based on what's
17 in the report as a whole so I'm not sure of
18 that.
19 Q. Do you recall that Smith claims that
20 one day John was playing around with her and
21 shook her by the arms?
22 A. Yes.
23 Q. Do you remember that?

VOLUME I 70
1 A. Mm-hmm.
2 Q. Okay. So we're going to pull out
3 Exhibit Number 50 again. And can you please
4 read the underlined?
5 A. After the argument Susan decided to
6 attend a friend's birthday party without John.
7 Susan stated John got up and we started
8 talking and started arguing. He grabbed me by
9 the arms and he started shaking me.
10 Q. Okay. And can you turn to page 16
11 and read the underlined?
12 A. At some point later that night John
13 got over it and started playing around with
14 her and grabbed her by the arms and shook her.
15 Q. Okay. Do you notice the difference
16 in those statements?
17 A. Yes.
18 Q. And did you discuss the
19 contradictions in her statements?
20 A. Yes, yeah.
21 Q. And I believe that this concerned
22 you?
23 A. Yes.
VOLUME I 71
1 Q. Yes. Okay. Let me see this again
2 one more time?
3 A. Sure.
4 Q. Thank you.
5 Okay. Can you please read all of the
6 underlined on that page?
7 A. So this is Susan's first interview.
8 He was just like, Fuck you and all these
9 things and then I was like, Please stop, and I
10 was just crying and he wouldn't stop so I
11 slapped him because he wouldn't stop. That's
12 it.
13 Q. Okay. And in the second interview is
14 it correct that she now states something
15 different? Can you read that for us, please?
16 A. Mm-hmm. Susan's second interview.
17 She described him as yelling at her, waving
18 his arms around while facing her and stating
19 things like, You don't even go here. Fuck
20 you. You're an employee. Susan kept begging
21 him to please stop and feeling really
22 threatened by him. She slapped him for him to
23 stop.
VOLUME I 72
1 Q. Okay. So the evolution in her
2 claims, did that concern you?
3 A. Yes.
4 Q. Do you recall -- I think we're done
5 with that again for now.
6 Do you recall that John had reported
7 that Smith cried hysterically to the Honor
8 Code Committee, saying she was scared for her
9 life and had to be escorted out of the room?
10 A. I don't recall that.
11 Q. Can you -- and to explain what this
12 document is, it is page two of John's
13 response. If you could read what's
14 underlined, please?
15 A. When talking to the committee at the
16 hearing, Susan cried hysterically, saying she
17 was scared for her life and had to be escorted
18 out of the room with absolutely no rational
19 reason for fear. Susan had [sic] an iota to
20 have any fear. Sorry. Susan's tears were
21 crocodile tears used to manipulate the
22 committee into believing her version of the
23 story. There's an ongoing pattern

VOLUME I 73
1 demonstrated by the number of times Susan's
2 crying to third parties, as mentioned in the
3 9/13/16 report.
4 Q. Okay. I'll take that. Thank you.
5 MS. ROSSI: And we will enter
6 this as Exhibit 52.
9 Q. (By Ms. Rossi) Okay. Welcome back.
10 Do you recall that the hearing panel found
11 Smith's claim of relationship abuse not
12 supported by the evidence?
13 A. Yes.
14 Q. So all these other claims that she
15 made that we were discussing before our break
16 were found to be unsubstantiated or at least
17 there was not a preponderance of the evidence
18 for, correct?
19 A. Yes.
20 Q. Okay. I'm going to go back to this
21 exhibit that shows the list of complaints in
22 your spreadsheet; that would be Exhibit 49.
23 Can you read on page two under Stephen Klass's

VOLUME I 74
1 notes?
2 A. As claims escalate in number, they
3 seem to escalate in severity of description.
4 Q. Okay. Do you recall discussing that?
5 A. I don't recall the exact
6 conversation.
7 Q. Can you read the three passages
8 underlined in green? I know it's very small.
9 A. Mm-hmm. Starting with Steve's or on
10 my column?
11 Q. On your column, please.
12 A. D contradicts her statements. D's
13 story changes from the first to the second
14 interview. Again I just see a lot of
15 inconsistencies in her stories.
16 Q. Okay. So why were the inconsistent
17 statements considered in these contexts but
18 not considered in the claim of nonconsensual
19 sex?
21 THE WITNESS: I think we
22 considered in all statements.
23 Q. (By Ms. Rossi) I know it was --

VOLUME I 75
1 okay. Let me rephrase then.
2 A. Mm-hmm.
3 Q. The inconsistencies in the
4 statements, did they have bearing on your
5 determination on the counts other than
8 Q. These comments here that we've just
9 read --
10 A. Right.
11 Q. Okay. We'll talk about those in
12 particular. Did those concerns about her
13 contradictory statements, her story changes
14 and you see a lot of inconsistencies in her
15 stories, did they weigh in on your decisions
16 on those counts?
17 A. Yes.
18 Q. Okay. And they made you -- is it
19 correct that they made you believe that she
20 was not credible?
22 THE WITNESS: No.
23 Q. (By Ms. Rossi) On those counts?

VOLUME I 76
2 Q. (By Ms. Rossi) Okay. I'll rephrase
3 to be fair.
4 Did you believe that these -- I'll
5 just say contradictory statements -- weighed
6 against finding a preponderance of the
7 evidence on those counts?
9 THE WITNESS: There wasn't
10 enough preponderance of the evidence to weigh
11 in on these. (Indicating)
12 Q. (By Ms. Rossi) May I see that?
13 A. Mm-hmm.
14 Q. But in terms of my question, are you
15 saying yes or no?
16 A. Can you repeat the question?
17 MS. ROSSI: Okay. Can you
18 read it, please?
20 requested.)
21 Q. (By Ms. Rossi) Okay. I see what
22 you're saying.
23 A. Yeah.
VOLUME I 77
1 Q. Did the panel ultimately ignore how
2 Smith's inconsistent statements impune her
3 credibility?
5 THE WITNESS: No.
6 Q. (By Ms. Rossi) Did the panel
7 ultimately ignore how Smith's pattern of
8 exaggeration impuned her credibility?
10 THE WITNESS: No.
11 Q. (By Ms. Rossi) Did you notice a
12 credibility problem in Smith?
13 A. Yes.
14 Q. Going back to my question earlier
15 about sympathy --
16 A. Mm-hmm.
17 Q. -- you said that -- and I may be
18 inaccurately reporting it but something to the
19 effect of having sympathy for her at some
20 time. Could you tell me at what times you
21 felt sympathy for her? What you were
22 referring to?
23 A. In the sense that it was a very

VOLUME I 78
1 unhealthy relationship in general and so I
2 felt sympathy in that sense and most times for
3 both parties.
4 Q. And did this weigh in on your
5 decision?
6 A. My sympathy?
7 Q. Mm-hmm.
8 A. No.
9 Q. Do you recall -- I'll rephrase.
10 Were you trained to be equitable in
11 your decision-making?
12 A. Yes.
13 Q. And do you think that the sanctions
14 were equitable in this case?
15 A. Yes.
16 Q. Were you ever given any implicit
17 instructions to find John responsible for
18 violating the code of conduct?
19 A. No.
20 Q. Were you pressured at all?
21 A. No.
22 Q. Given these facts, especially given
23 the absence of a straight story from Smith,

VOLUME I 79
1 how did the panel conclude she had
2 credibility?
4 THE WITNESS: We used all of
5 the evidence and all the information presented
6 to us and that's how we made our decisions.
7 Q. (By Ms. Rossi) And by what -- by
8 "evidence" what do you mean?
9 A. Just everything stated in the report.
10 Q. Did it concern the panel that Smith,
11 as an employee, was talking to students and
12 alumni during the investigation?
14 Q. (By Ms. Rossi) During the time frame
15 that the interviews were taking place?
16 A. I don't know that.
17 Q. Did it occur to the panel that Smith
18 was grooming witnesses to support her story?
19 A. No.
20 Q. Did it concern the panel that Smith
21 never made any complaint to school authorities
22 until after John had complained about her?
23 A. Can you repeat it?

VOLUME I 80
2 never made any complaint, a formal complaint,
3 to school authorities until after he
4 complained about her?
5 A. Yes.
6 Q. And what did you discuss relative to
7 that?
8 A. The timing of the complaints, mm-hmm.
9 Q. And did you speak about how it could
10 be an act of revenge on Smith's part?
11 A. Yes, we had that discussion.
12 Q. And how did that factor into your
13 decision-making?
14 A. We couldn't -- we couldn't find
15 enough evidence to decide that it was
16 retaliatory.
18 demonstrated a pattern of putting John's
19 interests first without communicating her own
20 needs or desires?
21 A. Yes.
22 Q. And did it concern you that she
23 would, at least according to her reports, it

VOLUME I 81
1 appeared that she would wish he would
2 mind-read, so to speak?
3 A. Yes.
4 Q. And did it concern the panel that
5 this would happen and she would end up
6 regretting the outcome?
7 A. That what would happen?
8 Q. That that -- I'm sorry, can you
9 repeat?
10 A. So regret which thing?
11 Q. Regretting the outcomes in these
12 situations where she didn't speak up and she
13 wanted a different outcome than what would
14 happen because of that.
15 A. In terms of the complaints or? I'm
16 sorry.
17 Q. For example, I'll give you more
18 concrete examples.
19 A. Okay.
20 Q. Okay. Maybe this will be -- this is
21 Exhibit 49. If you can read your notes that
22 I've underlined in black? It's a little
23 different direction but.

VOLUME I 82
1 A. Based on the pattern of their
2 relationship, it doesn't seem unlikely that SS
3 offered to take the blame in order to protect
4 JD .
5 Q. Okay. So that was the situation
6 where there was alcohol purchased --
7 A. Mm-hmm.
8 Q. -- and Smith blamed John for her
9 purchasing of the alcohol; is that correct?
11 Q. Okay. If you don't remember that
12 one, we'll move on.
13 Okay. Do you recall Smith making an
14 allegation of relationship abuse because she
15 cooked for him and bought food for him and
16 this was coercion of her allegedly; do you
17 recall that?
18 A. No, not in that sense.
19 Q. And how about the iPad, do you
20 remember her complaining that he forced her to
21 buy an iPad?
22 A. Yeah, mm-hmm.
23 Q. You remember that?

VOLUME I 83
1 A. Yes, mm-hmm.
2 Q. So in that case would you say that's
3 an example of a pattern of her putting his
4 interests first, not communicating that she,
5 in this example, didn't have the money to buy
6 the iPad. She bought the iPad, regretted the
7 outcome, and then blamed him for it. Is that
8 an example of what I was just asking about?
9 A. Yes.
10 Q. Why did the panel not apply this
11 pattern to her account of nonconsensual sex?
12 A. We decided there was enough evidence
13 there, not just her testimony but witness
14 testimony, to decide the way that we decided.
15 Q. It's not -- if you could answer my
16 question?
17 A. Okay. I'll try.
18 MR. LAPP: I think she just
19 answered your question.
20 MS. ROSSI: No.
21 Q. (By Ms. Rossi) Why did you not apply
22 -- okay. I'll rephrase it then.
23 A. Okay.
VOLUME I 84
1 Q. Did you consider that pattern in the
2 context of nonconsensual sex allegation?
3 A. Yes.
4 Q. You did. Okay.
5 So is that -- and let us return to
6 Exhibit 49 on page two under Stephen Klass in
7 green. Could you read that for us?
8 A. Mm-hmm. This is the crux of many of
9 these claims: Whether or not we believe that
10 this pattern of behaviors were intentionally
11 intimidating, controlling, or that she was
12 naturally more submissive and sought to please
13 and help and protect.
14 Q. Okay. So I know that is a -- in
15 relation to her allegation that she was
16 coerced into taking the blame for buying
17 alcohol, but since we've been speaking about
18 the context of nonconsensual sex, did you
19 discuss that, what Stephen Klass called a
20 pattern, in terms of the nonconsensual sex?
21 A. Yes.
22 Q. So did you discuss her passivity in
23 the alleged incident?

VOLUME I 85
1 A. Yes.
2 Q. And how she did not say no?
3 A. Yes.
4 Q. And then essentially made an
5 allegation that, to paraphrase, imply she
6 wanted him to mind-read?
8 THE WITNESS: No.
9 Q. (By Ms. Rossi) No? Okay.
10 I'm going to show you the sanction
11 letter.
12 A. Mm-hmm.
13 Q. If you could take a look at it first?
14 And can you read the underlined?
15 A. She is guilty of the following
16 violations of college policy: Slapping you in
17 the face in December of 2015, relationship
18 abuse; falsely reporting you for violations of
19 the honor code, relationship abuse.
20 Q. I think -- I'm sorry. I might have
21 wanted you to read something else. No.
22 I'm going to take this back. Scratch
23 that exhibit for a minute.

VOLUME I 86
1 A. Okay.
2 Q. You stated that, when we were talking
3 earlier about the two main factors that the
4 hearing panel found John responsible for
5 nonconsensual sex, and those being primarily
6 the unusual position and the roughness?
7 A. Mm-hmm, yes.
8 Q. Okay. Let me show you -- going back
9 to Exhibit 45. Okay. If you could read what
10 I've underlined, please?
11 A. What information did the respondent
12 have about whether the complainant was
13 consenting to sexual activity? Would a
14 reasonable person conclude from the same
15 information that the complainant was
16 consenting?
17 Q. Okay. So did you ask -- did the
18 panel ask what information John had, whether
19 Smith was consenting?
20 A. Yes.
21 Q. And what information would that have
22 been?

VOLUME I 87
1 THE WITNESS: I can't -- I
2 mean, if it was in front of me I could point
3 it out but I can't recall from my memory.
4 Q. (By Ms. Rossi) Would you say in
5 terms of the second section that you read to
6 me, did the panel think a -- is the term
7 reasonable?
8 A. Mm-hmm.
9 Q. A reasonable person would have found
10 the person to be consenting?
12 THE WITNESS: Like if -- can
13 you just repeat it? Sorry.
14 Q. (By Ms. Rossi) Did the panel ask
15 whether or not a reasonable person, given the
16 information that he had, would have believed
17 Smith to be consenting?
18 A. With the information that he had we
19 believed he should have known whether or not
20 she was consenting, yes.
21 Q. Okay. And why should he have known?
22 A. From what was there. I don't know.
23 Can you rephrase it?

VOLUME I 88
1 Q. You just said that the information --
2 MS. ROSSI: Can you please
3 read back exactly what Ms. Pretto just said?
5 requested.)
6 Q. (By Ms. Rossi) So I'm asking what
7 information, why should he have known?
8 A. From the information that was
9 presented in the statements, we felt that as a
10 reasonable person you would know whether or
11 not that was consent or not.
12 Q. How would he -- I'll rephrase then.
13 How would he know that she was
14 consenting?
16 THE WITNESS: I can't really
17 recall without having it in front of me.
18 Q. (By Ms. Rossi) Could you go to the
19 next page on that exhibit -- is it 49? Yes.
20 No, it's 45. We're still on Exhibit 45.
21 Could you please read what is
22 underlined in green, please?
23 A. Would a reasonable person understand

VOLUME I 89
1 the complainant's reactions?
2 Q. Okay. So along these lines with what
3 you've been trained to ask in coming to a
4 determination, would a reasonable person
5 understand why Smith did not speak up?
6 A. Yes.
7 Q. Okay. And why?
8 A. Because of the nature of their
9 relationship.
10 Q. And that would include what exactly?
11 A. Her pattern of past behaviors with
12 him.
13 Q. Okay. And how can that be when this
14 is the very, very first incident that Smith
15 recalled of having any major problems with...
16 It's October 2014. The only other
17 incidents that had taken place prior to this
18 was an allegation of jealousy.
19 A. Mm-hmm.
20 Q. Nothing else, not including any
21 threats, nothing else at all. So how could
22 you have determined why Smith couldn't speak
23 up at that point?
VOLUME I 90
3 Q. (By Ms. Rossi) Thanks. I'll take
4 that back.
5 What factors do you believe should
6 show consent?
8 THE WITNESS: Affirmative
9 consent.
10 Q. (By Ms. Rossi) Okay. In the form of
11 what?
12 A. Many ways.
13 Q. Would it be vocal?
14 A. It could be, yes.
15 Q. Is it because she didn't vocalize
16 nonconsent that you found him responsible for
17 nonconsent?
18 A. No.
20 Q. (By Ms. Rossi) I mean, the absence
21 of her verbally expressing affirmative
22 consent, was it because of that that the
23 consent -- that the sex was nonconsensual?

VOLUME I 91
1 A. No.
2 Q. So let me see if I'm understanding.
3 The panel was concerned that this
4 nonconsensual sex did have the problem of
5 seeking to put his needs first?
8 understand that.
9 Q. (By Ms. Rossi) Well, we've discussed
10 it a bit earlier and I'm relating back to the
11 previous questions. And I'm rephrasing the
12 question now to ask: Was the panel concerned
13 that the allegation of nonconsensual sex was
14 in the context of Smith putting John's needs
15 first?
16 MR. LAPP: Objection. Asked
17 and answered.
18 THE WITNESS: No, I don't --
19 no.
20 Q. (By Ms. Rossi) So now you're saying
21 no?
22 A. I don't -- I don't understand.
23 Sorry.
VOLUME I 92
2 continued to have a relationship with John for
3 over a year later?
4 A. Yes.
5 Q. And what about it concerned the
6 panel?
7 A. Everything.
8 Q. I'm sorry?
9 A. Everything.
10 Q. Everything.
11 Okay. Now, we'll get to what I
12 handed you earlier. I'm showing you this
13 document, which is your sanction letter, and
14 can you read the underlined?
15 A. Yes. She is guilty of the following
16 violations of college policy: Slapping you in
17 the face in December of 2015, relationship
18 abuse; falsely reporting you for violations of
19 the honor code, relationship abuse.
20 Q. Okay. And do you recognize that as
21 the original decision letter?
22 I might have mistakenly called it the
23 sanction letter. That is the original

VOLUME I 93
1 decision letter.
2 A. Like the first one?
3 Q. Yes.
4 A. Yes, mm-hmm.
5 Q. Okay. So is it correct that the
6 panel originally decided that Smith violated
7 the relationship abuse policy by falsely
8 reporting John?
9 A. I don't remember but I remember we
10 had those conversations, yes.
11 Q. And that's what that letter says; is
12 that correct?
13 A. Yes, mm-hmm.
14 Q. Okay. May I take a look at that?
15 Thank you.
17 enter this as 53.
19 Q. (By Ms. Rossi) I'm going back to
20 your Excel spreadsheet. Okay. Can you look
21 at the bottom items in red and read them,
22 please?
23 A. Testifying at honor code hearing as

VOLUME I 94
1 retaliation. Whether or not she wrote them or
2 not, her main reason for reporting was to
3 retaliate and so her testimony was
4 retaliatory.
5 Q. Okay. So this Excel spreadsheet
6 indicates that in the column letter notes that
7 that was a finding of the hearing panel?
8 A. Mm-hmm.
9 Q. Okay.
10 A. Yes. Sorry.
11 Q. Do you recall meeting Ms. Bossong to
12 discuss this case the end of October 2016?
13 A. I can't remember.
14 Q. Let me show you this, please. Can
15 you describe it to us?
16 A. I think I needed clarity on the
17 retaliation piece but I think ultimately we
18 met with Marlene, not Meg.
19 Q. Okay. And that is an email from whom
20 to whom?
21 A. This was from me, yeah. Yeah, this
22 was from Aaron. I don't even know who I was
23 writing to here. I don't know.

VOLUME I 95
1 Q. Okay.
2 A. Sorry.
3 MS. ROSSI: We'll enter that
4 as Exhibit 54.
6 Q. (By Ms. Rossi) So the email issues
7 that you mentioned that you spoke to Meg
8 about, would that have been the retaliation
9 claim issues?
10 A. Yeah. I remember I wanted two
11 clarifications: One was back about the policy
12 and the other one was about retaliation, so
13 just understanding --
14 Q. Okay.
15 A. -- those.
16 Q. What else do you recall about your
17 questions?
18 A. I don't remember details.
19 Q. Did Ms. Bossong talk to you?
20 A. I think very broadly but it was
21 Marlene that we sat with or they actually --
22 Aaron and Steve sat with and I wasn't there at
23 the time.
VOLUME I 96
1 Q. All right.
2 A. Mm-hmm.
3 Q. Why did you seek advice from
4 Ms. Bossong instead of the Title IX
5 coordinator?
6 A. I was new so it wasn't that I was --
7 I just was seeking information from someone.
8 I didn't realize it was the wrong person to
9 seek information from.
10 Q. Okay. Did you have the impression
11 that Ms. Bossong was the person to seek
12 information from?
13 A. Yeah, I thought she would be the
14 appropriate person but she just referred me to
15 Marlene.
16 Q. Okay. So you just mentioned that
17 Aaron Gordon and Stephen Klass met with Dean
18 Sandstrom to discuss the case; and did they
19 pass the content of the discussion on to you?
20 A. Yes.
21 Q. Okay. And how was that information
22 communicated to you?
23 A. If it wasn't by email, it was in

VOLUME I 97
1 person probably. I don't remember. I think I
2 had gone to them afterwards when I got back to
3 ask what happened. Yeah, I think it was in
4 person.
5 Q. Going back to the spreadsheet, could
6 you tell me why there are no notes in the
7 column -- oh, in the filing of Title IX
8 retaliation claim?
9 A. Mm-hmm. I don't remember. I don't
10 know.
11 Q. Is there any notes at all about that
12 claim?
13 A. In this column, no.
14 Q. It goes in that row, so the claim is
15 by rows.
16 A. Like here? (Indicating)
17 Q. Yeah. Let me see. I'm just actually
18 asking you --
19 A. Yeah, I don't think there was
20 anything there.
21 Q. Okay. And I think we had you read it
22 but could you --
23 A. Mm-hmm.
VOLUME I 98
1 Q. There's one note --
2 A. In green?
3 Q. Yes, by Stephen Klass.
4 A. I need to understand the timing more
5 clearly. It's not unusual to file a Title IX
6 claim well after the incident occurred. Not
7 sure we should dilute the importance of the
8 claim as retaliatory because where it falls in
9 the sequence of counterclaims.
10 Q. Okay. And is that essentially what
11 was decided about that claim, that it was
12 unnecessary to -- or he says he's not clear
13 about the timing. Did you clarify the timing
14 and then discuss how it fell?
15 A. Yes, we discussed the timing.
16 Q. Okay. So the timing would be
17 literally hours after she learned that John
19 A. I don't remember if it was hours.
21 Is it correct that one of John's most
22 important allegations was that Smith
23 retaliated against him?

VOLUME I 99
2 THE WITNESS: Yes, I would
3 say that was one.
4 Q. (By Ms. Rossi) Okay. Could you take
5 a look at this and describe it for us, please?
6 Is that the --
7 A. This is 's statement at the
8 end.
9 Q. Okay.
10 A. Yeah. Sorry.
11 Q. That's okay. So is it correct that
12 that's his second response to the report?
13 A. Yeah, I think so.
14 Q. Okay. And can you read the passage
15 underlined in red?
16 A. Sure. I have been harassed and
17 bullied throughout this process and would not
18 be facing the hearing panel at all if Susan
19 had not countercomplained to my report of her
20 assault and phone calls, which had reached the
21 unbearable level.
22 Q. Okay. And did it concern the panel
23 that this never would have been -- there never

VOLUME I 100
1 would have been, at least according to John, a
2 countercomplaint if he -- there never would
3 have been a complaint by Smith had he not
5 A. We talked about that, yes.
6 Q. And do you remember what you talked
7 about?
8 A. That the reason why she had a
9 complaint was because he had complained about
10 her.
11 Q. Okay. Then how did the college --
12 how did the panel not find -- why did it
13 change its decision from -- I'm sorry.
14 Scratch that. I'm confusing the two claims.
15 How did the panel then not decide
16 there to be retaliation?
17 A. There was debate amongst the
18 panelists and we couldn't ultimately come up
19 with enough evidence that it was in
20 retaliation.
22 MS. ROSSI: This will be 55.

VOLUME I 101
1 Q. (By Ms. Rossi) Can you look at that,
2 please? It's page four of John's response.
3 A. Okay.
4 Q. I know it's lengthy. Can you please
5 read what's underlined in red?
6 A. All one, two, three?
7 Q. Please.
8 MR. LAPP: Just to read this
9 into the record? I mean...
10 MS. ROSSI: The witness has
11 testified that there's not enough evidence and
12 I would like her now to read this, please.
13 THE WITNESS: At a time
14 between April 27th, 2016 and May 10th, 2016,
15 Susan, with what appeared to be Dean Bolton's
16 encouragement, apparently decided that she
17 would be finally able to accomplish an
18 expulsion of me by lodging a retaliatory
19 countercomplaint against me.
20 On May 10, 2016, less than one month
21 from graduation and just at the beginning of
22 my final final exams, Ms. Camacho met with me
23 to explain that in response to my Title IX

VOLUME I 102
1 complaint against her, a complaint that could
2 result in termination of her employment, Susan
3 lodged a complaint against me.
4 When I asked how this act cannot be
5 seen as an act of retaliation, Ms. Camacho
6 could not provide an answer.
7 Susan had not been in a relationship
8 with me since 2015, had engaged in numerous
9 conversations with Dean Bolton about me over
10 the past year, but only just then lodged such
11 a serious complaint. That she did so within
12 moments of learning that the college was
13 finally going to investigate her not only does
14 not pass the smell test but it reeks of
15 retaliation.
16 Q. (By Ms. Rossi) And is that all of
17 the passage to me you just read as well --
18 A. In red, yes.
20 MR. LAPP: Just to be clear,
21 this is what you wrote?
22 MS. ROSSI: No.
23 MR. LAPP: Okay.

VOLUME I 103
1 MS. ROSSI: This is 's
2 response -- I'm sorry -- John's response.
3 MR. LAPP: You're going to
4 mark that as the next exhibit?
5 MS. ROSSI: Yes, 56.
7 Q. (By Ms. Rossi) Could you please take
8 a look that?
9 A. Mm-hmm.
10 Q. And describe what it is, the email,
11 who it's to and from?
12 A. This is from Aaron.
13 Q. And it's to?
14 A. To me and Steve.
15 Q. Okay. Can you read the red
16 underlined there?
17 A. Something interesting for us to
18 consider about the retaliation aspects of our
19 policy. Marlene mentioned that the way this
20 policy is worded is important. Upon review
21 the way the policy reads in order for there to
22 be retaliation it has to be in response to the
23 victim's participation in the disciplinary

VOLUME I 104
1 investigation or process. It can't just be to
2 get back at them because you're angry/upset
3 with them.
4 This changes my thinking on aspects
5 of the retaliation charge. I've attached the
6 policy. Let me know if upon reading if you
7 think it's worth another 10- to 15-minute
8 conversation.
9 Q. Okay. Would you say that the way the
10 policy is worded is important to all of the
11 policies?
12 A. I don't -- which policies?
13 Q. All of the college's policies and the
14 student code of conduct.
15 A. Yes.
16 Q. Is it correct that you spent a bit of
17 time -- a significant amount of time
18 discussing the retaliation claim?
19 A. Yes.
20 Q. And how much time do you think you
21 spent discussing it amongst each other?
23 Q. And isn't it the case that John was

VOLUME I 105
1 an accuser; he was a complainant and had
2 lodged a complaint about Smith?
3 A. Yes.
4 Q. And in response as -- let me read the
5 exact wording. The way the policy reads, in
6 order for there to be retaliation, it has to
7 be in response to the victim, who was John who
8 made the complaint?
9 A. Mm-hmm.
10 Q. Participation in a disciplinary
11 investigation or process.
12 It wasn't -- given what I just said,
13 it wasn't just to get back at him because she
14 was angry or upset, correct?
16 THE WITNESS: We discussed
17 it.
18 Q. (By Ms. Rossi) So are you saying
19 that the panel didn't consider her complaint
20 to be a response even partially to his
21 complaint?
22 A. Yes, we discussed that.
23 Q. Okay.
VOLUME I 106
1 A. We discussed it -- it was a -- I
2 mean, there's three of us on the panel so.
3 MS. ROSSI: Okay. That will
4 be Exhibit 57.
6 Q. (By Ms. Rossi) Did what Dean
7 Sandstrom say sway the panel's decision?
8 A. No.
9 Q. The conversation that was had by Dean
10 Sandstrom to the other panelists and then, in
11 turn, conveyed to you, it changed the decision
12 that was originally that there was
13 retaliation?
14 A. Mm-hmm.
15 Q. And then afterwards you found there
16 wasn't retaliation; is that correct?
17 A. Yes.
18 Q. Is it reasonable to say that the
19 panel interpreted -- again referring to
20 Exhibit 57 -- what Aaron Gordon wrote when he
21 noted the word "victim," is it possible that
22 this could have been misread as Smith being
23 the victim?
VOLUME I 107
1 A. No, no.
2 Q. Okay. So going back to what you
3 concluded in your now changed decision, did
4 the panel conclude that John was getting --
5 sorry -- Smith was getting back at John
6 because she was angry or upset with him?
7 A. Did the panel?
8 Q. Yes.
9 A. The panel concluded that that wasn't
10 the case, that she was doing it to get back --
11 that there wasn't enough to say that it was a
12 retaliation. I mean, I guess I can say that I
13 was on the other side of that. I felt that it
14 was retaliation.
15 Q. Mm-hmm.
16 A. But because there was three of us,
17 two outweighed my one.
18 Q. So two out of three believed that
19 Smith did not make the complaint in good
20 faith; is that correct?
22 THE WITNESS: What was that?
23 Q. (By Ms. Rossi) Two out of three --

VOLUME I 108
1 I'm sorry. They outweighed you?
2 A. Yes.
3 Q. Yeah. Never mind.
4 A. Mm-hmm.
5 Q. Going back to the sympathy and --
6 A. Mm-hmm.
7 Q. Did you feel sympathy for Smith as a
8 woman claiming to be a victim of sexual
9 assault?
10 A. I mean, just as a woman in general,
11 like?
12 Q. What did you feel --
13 A. I mean, again, at times I felt
14 sympathy for her and at times I didn't.
15 Q. In terms of this victim of sexual
16 assault allegation?
17 A. As a victim of sexual assault, yes.
18 Q. Did you know ahead of time before the
19 hearing that John had a prior sanction that
20 involved an accusation of sexual assault?
21 A. Not until the end during the
22 sanctioning stage.
23 Q. Okay. And at the stage -- I'll get

VOLUME I 109
1 back to that.
2 All right. Going back to how the
3 panel originally found that Smith falsely
4 reported John for honor code violations, going
5 back to the original findings letter which
6 is -- going back now to Exhibit 53. So number
7 two there, is it correct that you originally
8 found John responsible -- Smith responsible
9 for reporting John?
10 A. For?
11 Q. Number two there.
12 A. Yeah. This was what, yes.
13 Q. Mm-hmm.
14 A. But then we weren't -- there
15 wasn't -- there wasn't enough there. Like,
16 this is something that I was supporting.
17 Q. Right. So, again, in that case it
18 was a report that she made?
19 A. Mm-hmm.
20 Q. After she slapped him?
21 A. I don't remember the sequence.
22 Q. Okay. So returning to Exhibit Number
23 50. Okay. I didn't realize you didn't

VOLUME I 110
1 remember that. Sorry.
2 A. Which part?
3 Q. That a few hours after the alleged
4 slap -- well, not alleged, the slapping
5 incident --
6 A. Mm-hmm.
7 Q. -- that Smith had reported John to
8 Dean Bolton literally a few hours later --
9 A. Mm-hmm, mm-hmm.
10 Q. -- saying that he had -- she had
11 written papers for him. Do you recall that?
12 A. Vaguely. I can't.
13 Q. Okay.
14 A. Yeah.
15 Q. So did it concern the panel that
16 there was a pattern of her making allegations
17 to get back at him, not just with the honor
18 code hearing but in the slapping incident --
19 well, that would have been the honor code
20 hearing. So is that the foundation for your
21 belief that she had falsely reported him?
23 THE WITNESS: I don't know if

VOLUME I 111
1 that's the way that I -- my thought process
2 was.
3 Q. (By Ms. Rossi) Well, there's -- if
4 there's no other evidence that shows that it
5 was false reporting, is it reasonable to say
6 that that was why you felt she had falsely
7 reported him?
10 It was the timing and everything. I don't --
11 I don't remember.
12 Q. (By Ms. Rossi) Okay. Do you recall
13 what your decision-making process was for that
14 false reporting claim?
15 A. Yes. I had the information in front
16 of me so I was able to like pick out things to
17 support how I was making my decision and it's
18 difficult to do that now from memory.
19 Q. Did Stephen Klass and Aaron Gordon,
20 when they spoke to you about their
21 conversation with Dean Sandstrom, did it
22 include the claim of false reporting?
23 A. Yes. I think that's what we

VOLUME I 112
1 were clarifying.
2 Q. So it was retaliation and false
3 reporting as well?
5 Q. Because both of those were deleted
6 from two different documents after speaking
7 with Dean Sandstrom?
8 A. It was the retaliation, the honor
9 code thing that we were clarifying.
10 Q. Okay.
11 A. I don't know.
12 Q. Okay. I think there's a confusion
13 because in your original findings letter it's
14 phrased very differently from what's on your
15 spreadsheet.
16 A. Mm-hmm.
17 Q. So if you could just look at it and
18 tell me if Dean Sandstrom discussed both of
19 those, which both involve retaliation?
20 MR. LAPP: So now we're back
21 looking at Exhibit 49.
22 MS. ROSSI: Yes.
23 MR. LAPP: And counsel has

VOLUME I 113
1 circled two items at the bottom left corner of
2 page number one.
3 THE WITNESS: Filing of Title
4 IX claim as retaliation and then testifying at
5 honor code hearing as retaliation.
6 Q. (By Ms. Rossi) Right.
7 A. But it was -- the testifying of the
8 honor code hearing as retaliation that we were
9 discussing the retaliation policy, not the
10 filing of the Title IX claim. That's what we
11 were clarifying at the end.
12 Q. Okay. So then how -- how did you
13 decide that both of those should come off of
14 the table?
16 THE WITNESS: I'm confused
17 now. I'm not sure what --
18 Q. (By Ms. Rossi) Okay. Because
19 there's -- we'll compare them together and see
20 on Exhibit 53 -- okay. So is that -- why
21 wasn't -- okay. So I'm showing her Exhibit 53
22 next to Exhibit 49 where -- so you hadn't
23 decided that filing of Title IX was

VOLUME I 114
1 retaliation and that wasn't discussed at all
2 with Dean Sandstrom?
3 A. I don't -- I wasn't in the meeting
4 with Dean Sandstrom.
5 Q. Mm-hmm.
6 A. I don't remember the details, but I
7 wanted clarification for the honor code
8 because we were finding her responsible for
9 that at that time.
10 Q. Mm-hmm.
11 A. So we were trying to find out more
12 information if we were able to do that.
13 Q. So about this? (Indicating)
14 A. About that, yeah.
15 Q. Okay.
16 MR. LAPP: About "that" being
17 the honor code.
18 Q. (By Ms. Rossi) "That" being the
19 honor code?
20 A. "That" being the honor code, yes.
21 Q. Okay. And not being at that meeting,
22 I understand, but was it reported to you from
23 Aaron Gordon and Stephen Klass that the Title

VOLUME I 115
1 IX issues that came up in discussion with
2 Marlene were just the honor code retaliation
3 issues?
5 THE WITNESS: Yeah. We were
6 discussing the honor code at that point. That
7 was what I remember.
8 Q. (By Ms. Rossi) Okay.
9 MR. LAPP: Can we take just
10 like a two-minute break?
11 MS. ROSSI: Yeah, sure.
13 Q. (By Ms. Rossi) Okay. Please let me
14 show you this document. This is -- do you
15 remember what this document is?
16 A. Yes. This is the findings letter --
17 Q. Okay.
18 A. -- of the hearing panel.
19 Q. So that is the final findings letter?
20 A. Mm-hmm.
21 Q. Who wrote that?
22 A. We all did.
23 Q. In like a Google doc together?

VOLUME I 116
1 A. I think Aaron had typed it up and
2 then he had shared it with us to give our
3 edits and all those things.
4 Q. I recall that. Okay. And the
5 original letter then, who wrote that?
6 A. Aaron.
7 Q. Okay.
8 A. Yeah. He wrote everything.
9 MS. ROSSI: Okay. We will
10 enter this as Exhibit 58.
12 Q. (By Ms. Rossi) And I am now going to
13 show you this email. Can you describe it for
14 us, please?
15 A. This is from Marlene. She needed
16 information on how to explain everything to
17 John and Susan because she was the one that
18 that has to explain it or speak to them based
19 on our findings.
20 Q. Okay. And can you read what I've
21 just bracketed in blue?
22 A. I hope you are all doing well. I'm
23 attaching a revised version of the finding

VOLUME I 117
1 letter for the JD/SS case.
2 Q. Okay. So is it correct that Dean
3 Sandstrom wrote the original draft of the
4 final findings letter?
6 THE WITNESS: No.
7 Q. (By Ms. Rossi) So she's attaching --
8 A. Mm-hmm.
9 Q. -- a draft letter?
10 A. Mm-hmm.
11 Q. That she wrote that you had not, at
12 least according to the record, worked on yet;
13 and are you saying that she did not draft that
14 letter?
15 A. No. Aaron drafted our findings
16 letter and she reads it to make sure she's
17 able to articulate what we wrote.
18 Q. Are you referring to the one that
19 we've looked at, the first findings letter?
20 A. No. I think this was like at the
21 end. I don't know. I don't know.
22 Q. Since I've only been given these two,
23 were there other findings letters?

VOLUME I 118
1 A. No. Aaron drafted it.
2 Q. Okay. Let me see. And can you read
3 just the first sentence underlined in red?
4 A. When I met with Aaron, I asked what
5 evidence the group had that Susan had falsely
6 accused John of the honor code violation, as
7 you state in your original letter. As I
8 pointed out, the fact that the honor -- and
9 then it's not... (Indicating)
10 Q. And then the last sentence I just
11 underlined?
12 A. Okay. Rewritten that section
13 accordingly.
14 Q. Okay. So is it correct that Dean
15 Sandstrom rewrote the section that -- let me
16 finish my thought -- discussed the honor code
17 retaliation issue?
19 Q. Okay.
20 MS. ROSSI: I'll enter this
21 as Exhibit 59.
23 Q. (By Ms. Rossi) Is it your

VOLUME I 119
1 responsibility as a panelist to make sure that
2 the findings letter handed down to the accused
3 student is accurate?
4 A. Yes.
5 Q. Okay. And is it correct that you did
6 not agree with this findings letter that
7 I've -- the findings letter that is Exhibit 58
8 that was attached to that email? The honor
9 code section didn't reflect what you thought
10 the panel had decided?
12 THE WITNESS: I'm confused
13 about what -- which letter you mean.
14 Q. (By Ms. Rossi) That's okay. Why
15 don't I show you this email.
16 A. Mm-hmm.
17 Q. Can you describe it?
18 A. The honor code section does not
19 reflect what I thought the panel had decided.
20 Q. Can you describe the email first to
21 us?
22 A. Oh, I'm sorry.
23 Q. To whom?
VOLUME I 120
1 A. This was from me to Marlene.
2 Q. Okay. And can you read that section?
3 A. The honor code section does not
4 reflect what I thought the panel had decided.
5 Q. And then what else is the next
6 section?
7 A. However, if Aaron and Steve are in
8 agreement then I suppose it stands.
9 Q. Okay. And was there any further
10 discussion about it?
11 A. I mean, they wanted my thoughts to be
12 included so they wanted to make sure that what
13 was articulated was how, you know, also
14 reflective of what I thought.
15 Q. But after that that was it?
16 A. Mm-hmm.
18 MS. ROSSI: We'll mark this
19 as Exhibit 60.
21 Q. (By Ms. Rossi) And through this
22 process did you get the impression that
23 Mr. Gordon and Mr. Klass were in sync with

VOLUME I 121
1 each other?
2 A. Not at all times.
3 Q. Was Mr. Gordon the chair of the
4 group?
5 A. There was no chair.
6 Q. Would you say he was the putative
7 chair of the group?
8 A. No.
9 Q. Would you say he led the group in,
10 you know, taking the initiative to create the
11 Excel spreadsheet, draft the letters?
12 A. Yes, he took those initiatives.
13 Q. Okay. Did Mr. Klass and Mr. Gordon
14 have very similar opinions about the charge of
16 A. I don't recall. I don't recall if it
17 was after a certain amount of time that we
18 discussed and then we were on the same page or
19 -- I don't -- I don't remember.
20 Q. Okay. The panel originally
21 determined that John was responsible for
22 relationship abuse for that same alleged
23 incident; is that correct?

VOLUME I 122
1 A. Which incident?
2 Q. The nonconsensual sex incident.
3 A. Yeah, he was found responsible for
4 that, yes.
5 Q. Right. So just to be clear, he was
6 responsible for both nonconsensual sex and
7 relationship abuse based on the same incident
8 from September 2014, correct?
9 A. Correct.
10 Q. How was that decided when your
11 relationship abuse policy did not come into
12 effect until October of 2015?
13 A. I don't know.
14 Q. Could you take a look at this page 39
15 of the report and read the green underlined
16 passage?
17 A. Did John Doe's conduct either
18 discretely or collectively amount to a
19 violation of the 2015-2016 relationship abuse
20 policy based on Susan's allegations regarding
21 the...
22 Q. And after that there's a list of
23 alleged incidents?
VOLUME I 123
1 A. Mm-hmm.
2 Q. And none of them are nonconsensual
3 sex, correct?
4 A. Mm-hmm, yes.
5 MS. ROSSI: Okay. I am going
6 to take that back and enter it as Exhibit 61.
8 Q. (By Ms. Rossi) So is it correct that
9 Susan Smith never said the nonconsensual sex
10 was relationship abuse; is that correct?
12 Q. Okay. So on this list, the
13 spreadsheet that we've referred to a number of
14 times, relationship abuse is not a violation
15 associated with nonconsensual sex or -- I'm
16 sorry.
17 The list of claims here, the
18 charges --
19 A. Mm-hmm.
20 Q. -- don't include relationship abuse
21 next to nonconsensual sex? And I'm showing
22 Exhibit 49.
23 A. Yeah. I think we classified it like

VOLUME I 124
1 different -- differently.
3 So neither -- and if you will indulge
4 me and assume that Smith did not say that
5 nonconsensual sex was relationship abuse and
6 the report, which tells the panel to consider
7 whether or not the relationship abuse was --
8 policy was violated does not include the
9 nonconsensual sex allegation, how is it that
10 the panel decided that nonconsensual sex also
11 was relationship abuse?
12 A. I don't know.
13 Q. Did the panel find this alleged
14 incident so egregious that it deserved double
15 punishment?
18 I don't remember.
19 Q. (By Ms. Rossi) You don't remember.
20 Okay. Can you take a look at this
21 email, please, and describe it to us?
22 A. This is an email from Steve to
23 Marlene.
VOLUME I 125
1 Q. Okay. And in that does Mr. Klass
2 indicate that he changed his decision based on
3 the greater clarity that Dean Sandstrom
4 provided him?
7 Q. (By Ms. Rossi) You don't know what
8 it says?
9 A. I don't understand.
10 Q. And take a minute to read it?
11 A. Yeah. I just -- I don't remember how
12 this -- this was. I don't know.
13 Q. I'm sorry?
14 A. What do you want --
15 Q. I wanted to ask if it says that --
16 MR. LAPP: It says what it
17 says.
18 MS. ROSSI: Right, right.
19 MR. LAPP: Let's keep moving.
20 MS. ROSSI: Okay.
21 MR. LAPP: It says what it
22 says.
23 MS. ROSSI: Okay. That will

VOLUME I 126
1 be Exhibit 62.
3 Q. (By Ms. Rossi) So I believe there
4 was some misremembering earlier because -- if
5 you take a look at this email I'm handing to
6 you, you'll see that Mr. Gordon also believed
7 there was false reporting to the Honor
8 Committee. Could you describe that email to
9 us?
10 A. An email from Aaron -- I mean, yeah,
11 from Aaron to Steve and I. Do you want me to
12 read it?
13 Q. If you could just describe it?
14 A. Yeah. It's just an email about false
15 reporting to the Honor Committee.
16 Q. And the first sentence?
17 A. I'll be honest, I do think DP falsely
18 reported to the Honor Committee but I am
19 willing to look past this and focus on the
20 other pieces, as I think they are more
21 clear-cut and/or egregious anyhow.
22 Q. Okay. So is it correct that two
23 votes are necessary for a finding that there's

VOLUME I 127
1 been a violation of the code of conduct?
2 A. Yes, but we didn't have a
3 preponderance of the evidence for it.
4 MS. ROSSI: Okay. I'll take
5 that back and that will be 63.
7 Q. (By Ms. Rossi) Is it the college's
8 policy to adjudicate sexual misconduct cases
9 fairly and impartially?
10 A. Yes.
11 Q. Do you recall emailing other
12 panelists at the end of November 2016 asking
13 if they had seen a post on the website Ephblog
14 about the case? Do you remember that?
15 A. Mm-hmm.
16 Q. Okay. And what was your reaction to
17 that post on the blog?
18 A. Just, I don't like Ephblog in
19 general, so annoyance.
20 Q. Did you feel sympathy for Smith
21 because of that post?
22 A. I just felt it was unnecessary.
23 Q. How did you become aware of the

VOLUME I 128
1 existence of this blog?
2 A. I don't remember but somehow it was
3 pointed out to me and then I -- I went to look
4 at it.
5 Q. When was it pointed out to you?
6 A. After this was done.
7 Q. How did you become aware that there
8 was an article in The College Fix about this
9 case?
10 A. It was also pointed out to me.
11 Q. By whom?
13 Q. Was it Ms. Bossong?
14 A. It could have been. I don't
15 remember.
16 Q. Do you recall discussing this case
17 with Ms. Bossong during the time period
18 between the decision and the sanctioning?
19 A. No.
20 Q. Do you know an alum of the college
21 named Michael R. LaPorte?
22 A. No.
23 Q. Were you aware that the -- and we're

VOLUME I 129
1 now on to the appeal stage.
2 A. Okay.
3 Q. Were you aware that the previous case
4 against John involved a purely he said/she
5 said situation in which he was so intoxicated
6 that he blacked out?
8 THE WITNESS: No.
9 Q. (By Ms. Rossi) Did you know anything
10 about his previous case?
11 A. No.
12 Q. Did the fact that there was a
13 previous sanctioning against John for
14 nonconsensual sex, did that influence your
15 decision-making at any time?
16 A. No. I mean, we're just allowed to
17 know at that point everything. It's part of
18 the process.
19 Q. So the hearing panel met sometime
20 between November 21st and December 6th; is
21 that correct?
23 Q. Oh. I'm sorry, that is the

VOLUME I 130
1 sanctioning stage. I jumped to the appeal for
2 a moment. Who wrote the sanction letter?
3 A. I don't remember. Aaron probably. I
4 think Aaron wrote all the letters. I didn't.
5 Q. Is it your understanding that the
6 college policy provides parties the right to
7 appeal based on significant procedural lapses?
8 A. I don't understand.
9 Q. The appeal, so do you understand that
10 the appeals are granted only in the cases
11 where there's significant procedural lapses or
12 substantive new evidence?
13 A. I don't know.
14 Q. Let me just -- this is Doc 76-9 filed
15 in this case at page 15. Can you read the red
16 underlined?
17 A. The right to appeal is limited to
18 significant procedural lapses or the
19 appearance of substantive new evidence not
20 available at the time of the original
21 decision.
22 Q. Okay. So in this case when you had
23 the appeal --
VOLUME I 131
1 A. Mm-hmm.
2 Q. -- it was based on the first category
3 of appeals, the first category which would be
4 the presence of some substantive procedural
5 lapses?
6 A. I guess. I don't know. I thought
7 they were always allowed to appeal so I don't
8 know.
9 Q. Oh, okay. I'll take that. Thank
10 you.
11 MS. ROSSI: That will be 64.
13 (Discussion off the record.)
14 (The deposition suspended.)
15 *****
16
17
18
19
20
21
22
23
VOLUME I 132
1 STATE OF MASSACHUSETTS
2 COUNTY OF HAMPDEN
3 I, Kathleen M. Houghton, a Notary Public

within and for the Commonwealth of
4 Massachusetts at large, do hereby certify that
I took the deposition of NINAH PRETTO,
5 pursuant to the Federal Rules of Civil
Procedure on February 15, 2018, at Williams
6 College, Hopkins Hall, Room 201, Williamstown,
Massachusetts.
7
I further certify that the above named
8 deponent was by me first duly sworn to testify
to the truth, the whole truth and nothing but
9 the truth concerning her knowledge in the
matter of the case of JOHN DOE vs. WILLIAMS
10 COLLEGE, now pending in the United States
District Court District of Massachusetts,
11 Western Section.
12 I further certify that the within

testimony was taken by me stenographically and
13 reduced to typewritten form under my direction
by means of COMPUTER-AIDED TRANSCRIPTION; and,
14 I further certify that said deposition is a
true record of the testimony given by said
15 witness.
16 I further certify that I am neither

attorney or counsel for, related to or
17 employed by any of the parties to this action
in which this deposition was taken; any
18 attorney or counsel employed by the parties
hereto, nor financially or otherwise
19 interested in the outcome of the action.
20 Witness my hand and seal this 4th day of

March 2018.
21
___________________
22 Kathleen M. Houghton
Notary Public
23 My Commission Expires
April 3, 2020.
VOLUME I 133
1 SIGNATURE PAGE - ERRATA SHEET
2 To be signed by deponent and returned to

counsel within thirty (30) days.
3
4 I, the undersigned, NINAH PRETTO, do hereby

certify that I have read the foregoing
5 transcript of my testimony given in the matter
of JOHN DOE VS. WILLIAMS COLLEGE on
6 February 15, 2018 and that to the best of my
knowledge, said transcript is true and
7 accurate with the exception of the following
corrections listed below:
8
Page: Line:
9 _________________________________________
10 _________________________________________
11 _________________________________________
12 _________________________________________
13 _________________________________________
14 _________________________________________
15 _________________________________________
16 _________________________________________
17 _________________________________________
18 _________________________________________
19 _________________________________________
20 _________________________________________
21 DEPONENT'S
SIGNATURE:____________________DATE______
22
23 kmh
VOLUME I 134
March 4, 2018
Daryl J. Lapp, Esquire

Locke Lord LLP
111 Huntington Avenue
Boston, Massachusetts 02199
RE: JOHN DOE VS. WILLIAMS COLLEGE
Dear Attorney Lapp,
Attached is the Signature Page-Errata

Sheet for the deposition of NINAH PRETTO,
taken on February 15, 2018 in the
above-captioned case.
Please note that according to the Rules

of Civil Procedure, the deponent has thirty
(30) days in which to make these corrections
on the transcript.
When the deponent has signed and noted

her corrections on the Signature Page -
Errata Sheet indicating the page number, line
number, and the desired correction, please
retain a copy and provide the original to
Attorney Rossi.
Thank you for your cooperation.
Very truly yours,
Kathleen M. Houghton
cc: S.E. Rossi, Esquire

enc.
0 134:2, 134:9 VOLUME

93:18, 109:6, I ability [1] - 25:10 afterwards [3] - 28:10,1
2020 [1] - 132:23 113:20, 113:21 able [7] - 23:9, 23:12, 97:2, 106:15
21st [3] - 12:20, 18:7, 54 [3] - 3:15, 95:4, 23:13, 101:17, ago [1] - 40:3
01201 [1] - 2:8 129:20 95:5 111:16, 114:12, agree [6] - 11:14,
02199 [2] - 2:12, 134:5 239-0174 [1] - 2:14 55 [4] - 3:12, 3:16, 117:17 11:20, 47:4, 60:18,
248-7622 [1] - 2:5 100:22, 100:23 above-captioned [1] - 60:22, 119:6
1 27th [1] - 101:14 56 [3] - 3:16, 103:5, 134:10 agreed [4] - 4:3, 4:9,
2nd [1] - 18:17 103:6 abroad [1] - 7:10 4:15, 4:18
57 [4] - 3:17, 106:4, absence [2] - 78:23, agreement [1] - 120:8
1 [3] - 3:10, 3:15,
39:19 3 106:5, 106:20 90:20 ahead [1] - 108:18
58 [4] - 3:18, 116:10, absolutely [1] - 72:18 AIDED [1] - 132:13
10 [3] - 50:21, 101:20,
116:11, 119:7 abuse [19] - 43:14, alcohol [4] - 43:11,
104:7 3 [2] - 3:16, 132:23 59 [3] - 3:19, 118:21, 54:16, 73:11, 82:14, 82:6, 82:9, 84:17
10,000 [1] - 21:9 30 [2] - 133:2, 134:12 118:22 85:18, 85:19, 92:18, allegation [11] - 58:7,
100 [1] - 3:16 310 [1] - 2:7 92:19, 93:7, 121:22, 59:18, 66:6, 82:14,
103 [1] - 3:16 32 [1] - 3:7
106 [1] - 3:17 6 122:7, 122:11, 84:2, 84:15, 85:5,
36 [1] - 3:8 122:19, 123:10, 89:18, 91:13,
10th [1] - 101:14 38 [1] - 3:9 123:14, 123:20, 108:16, 124:9
11 [1] - 45:4 39 [2] - 3:21, 122:14 60 [3] - 3:20, 120:19, 124:5, 124:7, 124:11 allegations [15] -
111 [2] - 2:12, 134:5 120:20 abused [1] - 54:22 19:18, 19:22, 20:20,
116 [1] - 3:18 61 [3] - 3:21, 123:6,
4 academic [2] - 55:14, 43:22, 44:3, 58:17,
118 [1] - 3:19 123:7 55:21 61:7, 61:14, 62:3,
120 [1] - 3:20 617 [1] - 2:14 accompanied [1] - 62:5, 65:22, 66:4,
12090 [1] - 2:3 4 [4] - 3:8, 3:16, 35:16, 62 [3] - 3:22, 126:1, 44:10 98:22, 110:16,
123 [1] - 3:21 134:2 126:2 accomplish [1] - 122:20
126 [1] - 3:22 40 [1] - 35:16 63 [3] - 3:22, 127:5, 101:17 alleged [16] - 27:23,
127 [1] - 3:22 41 [1] - 3:10 127:6 according [8] - 22:8, 32:15, 32:22, 33:9,
12:31 [1] - 1:14 413 [2] - 2:5, 2:9 64 [3] - 3:23, 131:11, 38:5, 38:6, 67:3, 39:3, 39:6, 39:15,
13 [2] - 57:10, 57:11 43 [5] - 3:5, 16:1, 16:2, 131:12 80:23, 100:1, 43:17, 56:15, 66:13,
131 [1] - 3:23 19:2, 21:18 6th [1] - 129:20 117:12, 134:11 84:23, 110:3, 110:4,
15 [6] - 1:13, 3:23, 44 [4] - 3:5, 16:12,
accordingly [1] - 121:22, 122:23,
130:15, 132:5, 16:13, 63:8 7 118:13 124:13
133:6, 134:9 442 [1] - 2:3
account [2] - 46:20, allegedly [3] - 53:19,
15-minute [1] - 104:7 45 [9] - 3:6, 3:11,
83:11 67:3, 82:16
16:22, 16:23, 26:20, 73 [1] - 3:13
150 [1] - 63:7 accounts [1] - 43:4 allocated [1] - 19:9
30:6, 86:9, 88:20 75 [1] - 2:7
16 [4] - 3:5, 3:5, 3:6, accurate [2] - 119:3, allow [1] - 69:3
46 [3] - 3:7, 32:10, 76-9 [2] - 3:23, 130:14
70:10 133:7 allowed [3] - 20:5,
16-CV-30184 [1] - 1:4 32:11
accusation [1] - 129:16, 131:7
47 [4] - 3:8, 35:9, 8 108:20 allows [1] - 68:23
35:12, 36:3
2 accused [2] - 118:6, Allyson [2] - 31:12,
48 [3] - 3:9, 38:11,
880 [1] - 1:13 119:2 35:22
38:22
accuser [2] - 10:22, almost [1] - 7:3
2 [4] - 1:18, 3:13, 3:14, 49 [12] - 3:10, 41:22,
3:19 41:23, 43:6, 66:5, 9 105:1 alone [5] - 23:20, 61:7,
accuser's [1] - 60:10 61:15, 61:22, 62:3
2000 [1] - 39:17 73:22, 81:21, 84:6,
act [4] - 65:13, 80:10, aloud [2] - 30:8, 37:18
2005 [1] - 8:8 88:19, 112:21, 9/13/16 [1] - 73:3
102:4, 102:5 alum [1] - 128:20
201 [2] - 1:13, 132:6 113:22, 123:22 9/24/16 [2] - 3:12, 63:2
action [2] - 132:17, alumni [1] - 79:12
2014 [13] - 27:23, 28:9, 499-4166 [1] - 2:9 93 [1] - 3:14
132:19 amount [5] - 19:2,
31:22, 35:4, 39:7, 4th [1] - 132:20 95 [1] - 3:15 activity [2] - 58:3, 38:15, 104:17,
39:22, 39:23, 55:14,
86:13 121:17, 122:18
55:21, 56:10, 69:8, 5 A actual [1] - 33:8 analyzed [1] - 32:23
89:16, 122:8
2015 [9] - 38:3, 55:14, adjudicate [1] - 127:8 angry [2] - 105:14,
55:21, 58:1, 85:17, 5 [2] - 3:3, 3:7 Aaron [18] - 13:18, adjudicated [1] - 8:21 107:6
92:17, 102:8, 122:12 50 [7] - 3:11, 45:16, 94:22, 95:22, 96:17, adjudicating [1] - 10:1 angry/upset [1] -
2015-2016 [1] - 122:19 45:17, 50:19, 54:18, 103:12, 106:20, adjudication [3] - 104:2
2016 [8] - 7:21, 56:7, 70:3, 109:23 111:19, 114:23, 6:21, 13:6, 40:13 annotate [1] - 63:14
57:14, 94:12, 51 [3] - 3:12, 65:19, 116:1, 116:6, advice [1] - 96:3 annotation [1] - 63:12
101:14, 101:20, 65:20 117:15, 118:1, affairs [1] - 8:18 annotations [1] - 63:4
127:12 52 [3] - 3:13, 73:6, 118:4, 120:7, affected [2] - 64:10, annoyance [1] -
2018 [6] - 1:13, 132:5, 73:7 126:10, 126:11, 64:23 127:19
132:20, 133:6, 53 [6] - 3:14, 93:17, 130:3, 130:4 afternoon [1] - 5:7 answer [7] - 29:4,
33:23, 38:20, 51:13, 117:7 VOLUME

101:14, 128:18,I 22:10, 40:5, 41:3, 2
clarify [2] - 18:2, 98:13
68:9, 83:15, 102:6 attachment [1] - 37:14 129:20 46:21, 59:11, 61:14, clarifying [3] - 112:1,
answered [4] - 46:11, attend [1] - 70:6 beyond [1] - 43:10 62:2, 64:7, 78:14, 112:9, 113:11
51:22, 83:19, 91:17 attorney [2] - 132:16, bias [1] - 12:6 83:2, 94:12, 96:18, clarity [2] - 94:16,
answering [2] - 6:9, 132:18 birthday [1] - 70:6 104:23, 107:10, 125:3
60:5 Attorney [2] - 134:7, bit [2] - 91:10, 104:16 109:17, 117:1, classified [1] - 123:23
answers [1] - 4:11 134:16 black [1] - 81:22 127:14, 128:9, clear [7] - 33:5, 39:11,
anyhow [1] - 126:21 August [1] - 56:9 blacked [1] - 129:6 128:16, 129:3, 51:12, 98:12,
apartment [1] - 56:8 authorities [2] - 79:21, blame [2] - 82:3, 84:16 129:10, 130:15, 102:20, 122:5,
appeal [9] - 6:23, 40:8, 80:3 blamed [2] - 82:8, 130:22, 132:9, 126:21
129:1, 130:1, 130:7, Ava [5] - 54:14, 54:21, 83:7 134:10 clear-cut [1] - 126:21
130:9, 130:17, 56:7, 56:8, 56:14 blog [2] - 127:17, cases [3] - 10:1, clearly [4] - 32:5, 40:3,
130:23, 131:7 available [1] - 130:20 128:1 127:8, 130:10 41:12, 98:5
appeals [2] - 130:10, Avenue [2] - 2:12, blue [1] - 116:21 category [2] - 131:2, closer [2] - 56:15,
131:3 134:5 bluntly [1] - 63:23 131:3 63:21
appearance [1] - aware [11] - 12:5, body [1] - 68:21 cc [1] - 134:22 clothes [2] - 50:13,
130:19 12:20, 26:5, 26:21, Bolton [2] - 102:9, certain [3] - 26:11, 67:20
APPEARANCES [2] - 27:13, 27:20, 28:5, 110:8 26:22, 121:17 code [24] - 27:4,
1:17, 2:1 127:23, 128:7, Bolton's [2] - 12:6, certify [6] - 132:4, 78:18, 85:19, 92:19,
appeared [2] - 81:1, 128:23, 129:3 101:15 132:7, 132:12, 93:23, 104:14,
101:15 awoke [1] - 57:16 Bossong [7] - 11:2, 132:14, 132:16, 109:4, 110:18,
applicable [1] - 68:3 94:11, 95:19, 96:4, 133:4 110:19, 112:9,
applied [1] - 30:4 B 96:11, 128:13, chair [3] - 121:3, 113:5, 113:8, 114:7,
apply [2] - 83:10, 128:17 121:5, 121:7 114:17, 114:19,
83:21 Boston [2] - 2:12, chance [1] - 64:5 114:20, 115:2,
bachelor's [1] - 8:3 change [2] - 40:1, 115:6, 118:6,
appointments [1] - 134:5
21:20 backing [1] - 25:22 100:13 118:16, 119:9,
bottom [2] - 93:21,
appropriate [1] - based [9] - 46:17, changed [5] - 56:18, 119:18, 120:3, 127:1
113:1
96:14 69:16, 82:1, 116:18, 65:9, 106:11, 107:3, Code [1] - 72:8
bought [2] - 82:15,
122:7, 122:20, 125:2 coerced [5] - 43:23,
April [2] - 101:14, 83:6
125:2, 130:7, 131:2 changes [3] - 74:13, 44:4, 58:18, 67:10,
132:23 Box [1] - 2:3
basis [1] - 48:18 75:13, 104:4 84:16
arguing [1] - 70:8 bracketed [1] - 116:21
bearing [1] - 75:4 charge [2] - 104:5, coercion [3] - 58:8,
argument [1] - 70:5 break [4] - 6:11,
became [2] - 12:20, 121:14 58:12, 82:16
arms [4] - 69:21, 70:9, 42:16, 73:15, 115:10
27:22 charges [2] - 32:23, collectively [1] -
70:14, 71:18 Brief [2] - 73:8, 115:12
become [2] - 127:23, 123:18 122:18
article [1] - 128:8 brief [1] - 42:17
128:7 check [3] - 22:21, collects [1] - 21:12
articulate [1] - 117:17 broadly [1] - 95:20
becomes [1] - 64:5 23:13, 23:14 college [13] - 7:16,
articulated [1] - brought [1] - 12:12
bed [8] - 43:23, 44:4, circled [1] - 113:1 7:22, 9:16, 12:14,
120:13 building [1] - 23:19
44:7, 58:12, 58:19, city [1] - 5:11 15:14, 15:15, 38:7,
asleep [1] - 57:16 bullied [1] - 99:17
59:5, 67:20 Civil [3] - 1:12, 132:5, 85:16, 92:16,
aspects [2] - 103:18, bunch [1] - 63:3
beds [1] - 50:15 134:11 100:11, 102:12,
104:4 buy [2] - 82:21, 83:5
began [2] - 9:20, claim [21] - 41:13, 128:20, 130:6
Assault [1] - 35:3 buying [1] - 84:16
22:18 41:15, 58:6, 59:7, COLLEGE [4] - 1:7,
assault [8] - 11:22, BY [3] - 2:4, 2:14, 5:6
begging [1] - 71:20 66:13, 67:5, 67:9, 132:10, 133:5, 134:6
27:8, 60:23, 99:20,
beginning [1] - 101:21 73:11, 74:18, 95:9, College [8] - 1:12,
108:9, 108:16, C
108:17, 108:20 behaviors [2] - 84:10, 97:8, 97:12, 97:14, 2:13, 5:20, 7:2, 7:10,
assaulted [1] - 67:10 89:11 98:6, 98:8, 98:11, 7:12, 128:8, 132:6
behind [5] - 45:11, calendar [2] - 21:19, 104:18, 111:14, college's [5] - 11:4,
assess [1] - 60:12
49:19, 49:22, 51:3, 22:8 111:22, 113:4, 11:11, 27:22,
assistant [2] - 5:18,
51:16 Camacho [2] - 101:22, 113:10 104:13, 127:7
7:5
belief [1] - 110:21 102:5 claiming [1] - 108:8 column [6] - 43:8,
associated [1] -
below [1] - 133:7 cannot [2] - 44:10, claims [13] - 59:5, 74:10, 74:11, 94:6,
123:15
benefit [1] - 37:12 102:4 61:15, 66:11, 66:12, 97:7, 97:13
assume [3] - 48:16,
49:3, 124:4 berkshirelegal@ captioned [1] - 134:10 66:21, 69:6, 69:19, coming [1] - 89:3
assumptions [2] - gmail.com [1] - 2:5 captures [1] - 25:13 72:2, 73:14, 74:2, commencing [1] -
48:10, 53:11 best [2] - 25:10, 133:6 case [39] - 6:21, 7:15, 84:9, 100:14, 123:17 1:13
attached [3] - 37:2, better [2] - 9:13, 63:21 7:20, 10:5, 10:19, clarification [1] - comment [1] - 57:21
104:5, 119:8 between [10] - 4:3, 12:15, 15:3, 15:18, 114:7 comments [2] - 67:18,
Attached [1] - 134:8 4:9, 4:18, 28:8, 15:20, 17:12, 18:8, clarifications [1] - 75:8
31:20, 69:8, 69:15, 18:9, 18:15, 21:22, 95:11 Commission [1] -
attaching [2] - 116:23,
132:23 conclusion [3] - VOLUME I

26:22 counsel [5] - 56:5, 12:23 3
Committee [4] - 72:8, 42:22, 48:7, 48:11 content [1] - 96:19 112:23, 132:16, Dear [1] - 134:7
126:8, 126:15, concrete [1] - 81:18 context [5] - 29:13, 132:18, 133:2 debate [1] - 100:17
126:18 conduct [5] - 27:5, 59:4, 84:2, 84:18, counterclaims [2] - December [3] - 85:17,
committee [2] - 72:15, 78:18, 104:14, 91:14 41:16, 98:9 92:17, 129:20
72:22 122:17, 127:1 contexts [1] - 74:17 countercomplained decide [5] - 25:6,
common [2] - 47:13, conducted [2] - 11:1, continued [2] - 18:22, [1] - 99:19 80:15, 83:14,
63:19 49:4 92:2 countercomplaint [2] 100:15, 113:13
Commonwealth [1] - confidentiality [1] - contradict [1] - 60:19 - 100:2, 101:19 decided [13] - 41:7,
132:3 6:16 contradictions [1] - counts [4] - 75:5, 70:5, 83:12, 83:14,
communicated [2] - conflicting [2] - 39:12, 70:19 75:16, 75:23, 76:7 93:6, 98:11, 101:16,
13:3, 96:22 53:17 contradictory [5] - COUNTY [1] - 132:2 113:23, 119:10,
communicating [2] - confused [5] - 17:18, 51:15, 57:2, 57:20, COURT [1] - 1:1 119:19, 120:4,
80:19, 83:4 20:9, 50:16, 113:16, 75:13, 76:5 court [6] - 6:5, 9:10, 122:10, 124:10
compare [2] - 34:1, 119:12 contradicts [1] - 74:12 35:16, 35:23, 37:6, Decision [1] - 3:14
113:19 confusing [3] - 40:7, controlling [1] - 84:11 37:15 decision [21] - 11:5,
compared [2] - 28:9, 40:9, 100:14 convene [1] - 19:17 Court [2] - 1:22, 25:19, 40:13, 40:18,
31:21 confusion [2] - 23:6, conversation [5] - 132:10 43:1, 59:14, 78:5,
complainant [3] - 112:12 32:6, 74:6, 104:8, covered [2] - 68:13, 78:11, 80:13, 92:21,
86:12, 86:15, 105:1 connotation [2] - 106:9, 111:21 68:14 93:1, 100:13, 106:7,
complainant's [1] - 47:2, 47:5 conversations [2] - create [1] - 121:10 106:11, 107:3,
89:1 consent [18] - 30:12, 93:10, 102:9 created [4] - 37:4, 111:13, 111:17,
complained [6] - 12:6, 30:19, 34:5, 34:11, conveyed [1] - 106:11 37:13, 41:4, 41:5 125:2, 128:18,
79:22, 80:4, 98:18, 34:17, 37:20, 42:3, cooked [1] - 82:15 credibility [6] - 60:13, 129:15, 130:21
100:4, 100:9 43:10, 43:11, 44:9, cooperation [1] - 60:20, 77:3, 77:8, decision-making [5] -
complaining [1] - 44:22, 68:5, 69:1, 134:17 77:12, 79:2 11:5, 78:11, 80:13,
82:20 88:11, 90:6, 90:9, coordinator [1] - 96:5 credible [2] - 11:15, 111:13, 129:15
complaint [17] - 3:9, 90:22, 90:23 copy [3] - 15:7, 20:5, 75:20 decisions [2] - 75:15,
37:2, 37:14, 79:21, consenting [7] - 134:15 cried [2] - 72:7, 72:16 79:6
80:2, 100:3, 100:9, 86:13, 86:16, 86:19, corner [1] - 113:1 crocodile [1] - 72:21 Defendant [2] - 1:8,
102:1, 102:3, 87:10, 87:17, 87:20, Correct [1] - 31:11 CROSS [1] - 3:2 2:13
102:11, 105:2, 88:14 correct [64] - 6:17, crossings [1] - 63:4 definitely [1] - 41:19
105:8, 105:19, consequence [1] - 7:15, 13:5, 17:8, crux [1] - 84:8 definition [4] - 27:6,
105:21, 107:19 47:23 17:15, 20:3, 20:7, crying [2] - 71:10, 28:15, 28:23, 30:13
complaints [4] - 8:21, consider [16] - 11:11, 20:12, 21:22, 23:8, 73:2 definitions [2] - 26:7,
73:21, 80:8, 81:15 24:10, 24:15, 24:21, 24:18, 27:6, 31:2, cut [1] - 126:21 26:10
complete [2] - 6:12, 51:6, 59:3, 64:9, 33:13, 34:1, 35:18, degree [2] - 8:4, 8:16
25:14 64:21, 65:3, 65:6, degrees [1] - 8:11
39:1, 39:4, 40:4, D
completely [1] - 51:14 65:12, 65:13, 84:1, 40:19, 40:20, 43:21, delay [1] - 69:5
COMPUTER [1] - 103:18, 105:19, 44:2, 44:5, 44:8, deleted [1] - 112:5
132:13 124:6 44:18, 45:19, 48:9, D's [1] - 74:12 deliberate [1] - 20:19
COMPUTER-AIDED consideration [1] - 49:12, 49:21, 50:3, danger [1] - 64:2 deliberated [1] - 21:22
[1] - 132:13 53:7 52:15, 54:13, 58:5, Daryl [1] - 134:4 deliberations [2] -
concern [25] - 42:4, considered [8] - 58:17, 61:3, 62:9, DARYL [1] - 2:14 20:12, 29:6
42:9, 42:13, 47:12, 24:18, 57:20, 64:18, 65:11, 65:15, 69:2, daryl.lapp@ demonstrated [2] -
47:21, 48:4, 56:13, 65:2, 65:8, 74:17, 71:14, 73:18, 75:19, lockelord.com [1] - 73:1, 80:18
57:18, 66:11, 66:15, 74:18, 74:22 82:9, 93:5, 93:12, 2:15 Deponent [1] - 5:1
66:16, 66:23, 67:4, considering [1] - 98:21, 99:11, date [1] - 12:21 deponent [5] - 4:15,
69:6, 69:11, 72:2, 53:17 104:16, 105:14, dates [1] - 22:8 132:8, 133:2,
79:10, 79:20, 80:1, consisted [2] - 17:10, 106:16, 107:20, days [2] - 133:2, 134:11, 134:13
80:17, 80:22, 81:4, 19:3 109:7, 117:2, 134:12 DEPONENT'S [1] -
92:1, 99:22, 110:15 consistency [1] - 118:14, 119:5, Dean [19] - 12:6, 133:21
concerned [5] - 32:13, 60:10 121:23, 122:8, 13:19, 14:21, 18:7, deposition [10] - 4:16,
70:21, 91:3, 91:12, consistent [2] - 11:16, 122:9, 123:3, 123:8, 18:13, 96:17, 4:20, 5:22, 6:11,
92:5 60:16 123:10, 126:22, 101:15, 102:9, 6:20, 131:14, 132:4,
concerning [1] - 132:9 constitute [1] - 48:8 129:21 106:6, 106:9, 110:8, 132:14, 132:17,
concerns [1] - 75:12 contain [3] - 24:2, correction [2] - 22:11, 111:21, 112:7, 134:9
conclude [3] - 79:1, 26:9, 26:10 134:15 112:18, 114:2, DEPOSITION [1] -
86:14, 107:4 contained [2] - 15:18, corrections [3] - 114:4, 117:2, 1:11
concluded [2] - 107:3, 26:7 133:7, 134:12, 118:14, 125:3 describe [22] - 13:11,
107:9 contains [2] - 26:11, 134:14 dean [3] - 5:18, 7:5, 14:21, 30:22, 35:1,
35:13, 36:5, 36:23, 94:12, 96:18, 98:14 VOLUME

duly I
[2] - 5:3, 132:8 102:8 exception [1] - 133:74
40:22, 45:2, 54:5, discussed [19] - 23:3, during [9] - 7:11, 28:7, enormous [2] - 38:15, excerpts [1] - 26:12
62:20, 66:3, 68:18, 29:19, 30:3, 31:19, 48:1, 52:14, 58:1, 61:3 EXHIBIT [1] - 3:4
94:15, 99:5, 103:10, 32:1, 42:19, 53:6, 79:12, 79:14, enter [9] - 41:18, exhibit [9] - 16:1,
116:13, 119:17, 53:18, 57:19, 69:10, 108:21, 128:17 41:22, 45:16, 73:5, 21:12, 26:14, 35:11,
119:20, 124:21, 91:9, 98:15, 105:16, duties [1] - 9:23 93:17, 95:3, 116:10, 50:8, 73:21, 85:23,
126:8, 126:13 105:22, 106:1, duty [3] - 24:9, 24:14, 118:20, 123:6 88:19, 103:4
described [4] - 42:5, 112:18, 114:1, 24:21 entire [2] - 7:12, 24:11 Exhibit [65] - 3:9,
42:10, 54:1, 71:17 118:16, 121:18 Ephblog [2] - 127:13, 3:12, 16:2, 16:12,
describing [1] - 48:5 discussing [13] - E 127:18 16:13, 16:22, 16:23,
description [5] - 22:10, 27:17, 32:19, equitable [2] - 78:10, 19:2, 21:17, 26:20,
10:16, 46:4, 54:9, 41:3, 65:9, 65:10, 78:14 30:6, 32:10, 32:11,
54:10, 74:3 73:15, 74:4, 104:18, easier [1] - 6:6 ERRATA [1] - 133:1 35:9, 35:12, 36:3,
DESCRIPTION [1] - 104:21, 113:9, edits [1] - 116:3 Errata [2] - 134:8, 37:1, 38:22, 41:22,
3:4 115:6, 128:16 education [1] - 8:17 134:14 41:23, 43:6, 45:16,
descriptions [1] - 54:4 discussion [9] - effect [11] - 31:21, escalate [2] - 74:2, 45:17, 50:19, 54:18,
deserve [1] - 60:23 17:11, 32:3, 56:23, 32:14, 32:18, 32:21, 74:3 63:2, 65:19, 65:20,
deserved [1] - 124:14 64:17, 80:11, 96:19, 33:3, 39:2, 39:5, escorted [2] - 72:9, 66:5, 70:3, 73:6,
desired [1] - 134:15 115:1, 120:10, 39:23, 68:12, 77:19, 72:17 73:7, 73:22, 81:21,
desires [1] - 80:20 131:13 122:12 especially [1] - 78:22 84:6, 86:9, 88:20,
detail [4] - 29:20, discussions [1] - 41:6 effective [5] - 27:22, 93:18, 95:4, 95:5,
ESQUIRE [3] - 2:4,
29:22, 35:14, 52:8 distributed [1] - 18:19 28:15, 28:21, 29:9, 100:23, 103:6,
2:7, 2:14
District [2] - 132:10 30:11 106:4, 106:5,
details [4] - 10:15, Esquire [2] - 134:4,
67:16, 95:18, 114:6 DISTRICT [2] - 1:1, 1:1 egregious [2] - 106:20, 109:6,
134:22
deterioration [2] - doc [1] - 115:23 124:14, 126:21 109:22, 112:21,
essentially [2] - 85:4,
64:22, 65:5 Doc [2] - 3:23, 130:14 either [2] - 29:14, 113:20, 113:21,
98:10
determination [5] - Docket [1] - 1:3 122:17 113:22, 116:10,
establish [1] - 39:13
42:2, 42:20, 44:15, document [17] - elaborate [1] - 32:2 116:11, 118:21,
established [2] -
75:5, 89:4 13:10, 16:3, 19:9, Elanie [2] - 57:13, 118:22, 119:7,
24:20, 58:6
determine [1] - 10:5 21:2, 21:12, 30:21, 57:15 120:19, 120:20,
event [2] - 54:6, 63:22
determined [4] - 24:3, 35:2, 36:5, 36:8, Elin [1] - 5:8 123:6, 123:7,
events [7] - 54:4, 64:4,
44:9, 89:22, 121:21 37:4, 37:13, 40:22, ELIN [1] - 2:4 123:22, 126:1,
64:10, 64:20, 65:1,
developed [1] - 69:15 62:18, 72:12, 92:13, email [19] - 3:17, 3:20, 65:7, 67:4 126:2, 127:6, 131:12
diagonally [1] - 50:14 115:14, 115:15 3:22, 3:22, 13:4, evidence [25] - 18:15, exhibits [1] - 24:2
[1] - 91:5 documents [15] - 3:5, 94:19, 95:6, 96:23, exist [2] - 21:5, 21:10
24:2, 24:10, 24:22,
15:17, 20:18, 20:23, 103:10, 116:13, existence [1] - 128:1
difference [4] - 28:8, 59:10, 61:8, 61:13,
21:9, 21:18, 21:20, 119:8, 119:15, experience [4] - 54:3,
31:20, 32:3, 70:15 61:15, 61:19, 62:1,
22:4, 22:5, 22:21, 119:20, 124:21, 54:11, 63:20, 67:2
differences [1] - 51:9 73:12, 73:17, 76:7,
28:14, 38:7, 38:16, 124:22, 126:5, experiences [1] -
different [10] - 9:5, 76:10, 79:5, 79:8,
112:6 126:8, 126:10, 51:11
39:23, 44:11, 52:1, 80:15, 83:12,
Doe [3] - 6:15, 12:2, 126:14 Expires [1] - 132:23
53:19, 71:15, 81:13, 100:19, 101:11,
12:5 emailing [1] - 127:11 111:4, 118:5, 127:3, explain [5] - 37:9,
81:23, 112:6, 124:1
DOE [4] - 1:5, 132:9, emails [2] - 3:15, 3:19 130:12, 130:19 72:11, 101:23,
differently [2] -
133:5, 134:6 Eman [1] - 58:2 evolution [1] - 72:1 116:16, 116:18
112:14, 124:1
Doe's [8] - 3:7, 3:13, emotionally [1] - exact [4] - 7:18, 16:8, explained [1] - 28:10
difficult [1] - 111:18
3:16, 3:16, 31:5, 67:11 74:5, 105:5 explains [1] - 25:19
dilute [2] - 41:14, 98:7
31:10, 37:14, 122:17 employed [3] - 7:2, exactly [8] - 16:18, express [2] - 42:5,
DIRECT [2] - 3:2, 5:6
done [11] - 6:9, 14:2, 132:17, 132:18 46:17, 51:13, 54:7, 42:11
direction [2] - 81:23,
23:2, 49:9, 54:14, employee [2] - 71:20, 58:20, 66:1, 88:3, expressing [1] - 90:21
132:13
55:1, 56:17, 60:7, 79:11 89:10 expulsion [1] - 101:18
directly [1] - 15:19
67:10, 72:4, 128:6 employment [2] - exaggeration [1] - extensive [1] - 56:4
disciplinary [2] -
double [1] - 124:14 5:17, 102:2 77:8 extraneous [1] - 64:7
103:23, 105:10
down [2] - 59:19, enc [1] - 134:22 EXAMINATION [1] - Extraneous [1] - 24:17
discomfort [3] -
119:2 encouragement [1] - 5:6
44:10, 47:12, 47:21
101:16
discretely [1] - 122:18 DP [1] - 126:17 example [4] - 81:17, F
draft [4] - 117:3, end [9] - 40:5, 40:6, 83:3, 83:5, 83:8
discuss [19] - 19:18,
117:9, 117:13, 81:5, 94:12, 99:8, examples [1] - 81:18
19:22, 20:11, 20:19, face [2] - 85:17, 92:17
121:11 108:21, 113:11, exams [1] - 101:22
29:6, 29:16, 29:21,
drafted [2] - 117:15, 117:21, 127:12 facing [2] - 71:18,
30:18, 55:2, 57:1, Excel [5] - 3:10, 41:1,
118:1 engage [2] - 58:3, 99:18
59:17, 64:14, 70:18, 93:20, 94:5, 121:11
driver's [1] - 5:3 68:22 fact [8] - 25:2, 26:23,
80:6, 84:19, 84:22, except [2] - 4:4, 50:2
engaged [2] - 54:22, 49:15, 59:17, 61:12,
69:14, 118:8, 129:12 finish [1] - 118:16 VOLUME

genuine [1] - 64:9I 25:23, 26:6, 28:12, 119:8, 119:18, 120:3 5
fact-finding [1] - 25:2 FIRM [1] - 2:2 given [15] - 15:19, 28:13, 33:6, 34:4, Hoosick [1] - 2:3
factor [2] - 49:1, 80:12 first [38] - 4:6, 4:12, 22:3, 22:17, 43:10, 40:7, 40:8, 43:3, hope [1] - 116:22
factors [6] - 43:2, 6:13, 6:20, 8:23, 43:11, 61:12, 69:14, 72:16, 73:10, 86:4, Hopkins [2] - 1:12,
43:16, 46:2, 46:3, 12:21, 13:12, 13:14, 78:16, 78:22, 87:15, 93:23, 94:7, 99:18, 132:6
86:3, 90:5 13:15, 14:6, 14:19, 105:12, 117:22, 108:19, 110:18, Houghton [5] - 1:11,
facts [3] - 25:6, 46:17, 14:20, 17:14, 18:3, 132:14, 133:5 110:20, 113:5, 1:22, 132:3, 132:22,
78:22 18:6, 18:14, 18:21, glad [1] - 36:23 113:8, 115:18, 134:20
fade [1] - 64:1 22:18, 36:6, 40:7, Google [1] - 115:23 129:19 hour [4] - 10:11,
fair [2] - 37:8, 76:3 41:6, 67:5, 71:7, Gordon [9] - 13:18, help [1] - 84:13 19:11, 19:12, 19:21
fairly [1] - 127:9 74:13, 80:19, 83:4, 96:17, 106:20, hereby [3] - 4:21, hours [5] - 10:9,
faith [1] - 107:20 85:13, 89:14, 91:5, 111:19, 114:23, 132:4, 133:4 98:17, 98:19, 110:3,
Falls [1] - 2:3 91:15, 93:2, 117:19, 120:23, 121:3, hereto [1] - 132:18 110:8
falls [3] - 37:23, 41:15, 118:3, 119:20, 121:13, 126:6 higher [1] - 8:17 Huntington [2] - 2:12,
98:8 126:16, 131:2, grabbed [2] - 70:8, highlighting [1] - 134:5
false [6] - 111:5, 131:3, 132:8 70:14 31:14 hurt [4] - 45:12, 46:9,
111:14, 111:22, five [6] - 7:17, 8:1, 9:3, graduate [2] - 8:11, himself [2] - 52:11, 47:20, 52:12
112:2, 126:7, 126:14 31:6, 31:10, 57:12 8:16 58:2 hysterically [2] - 72:7,
falsely [8] - 85:18, Fix [1] - 128:8 graduation [1] - hindsight [1] - 64:6 72:16
92:18, 93:7, 109:3, flush [1] - 58:15 101:21 hmm [69] - 6:18, 8:2,
110:21, 111:6, focus [1] - 126:19 granted [1] - 130:10 9:6, 9:12, 14:16, I
118:5, 126:17 following [3] - 85:15, great [1] - 52:8 14:18, 19:14, 20:2,
familiar [1] - 12:1 92:15, 133:7 greater [3] - 64:1, 22:6, 27:3, 27:14,
follows [1] - 5:5 64:5, 125:3 31:3, 31:8, 36:11, idea [1] - 15:10
far [2] - 21:18, 21:20
font [1] - 43:7 green [7] - 41:10, 45:5, 55:6, 59:2, identified [3] - 5:2,
fear [2] - 72:19, 72:20
food [1] - 82:15 55:23, 74:8, 84:7, 59:20, 62:14, 63:9, 38:1, 45:21
February [4] - 1:13,
force [3] - 58:7, 59:6, 88:22, 98:2, 122:15 66:7, 70:1, 71:16, identifying [2] - 28:14,
132:5, 133:6, 134:9
67:13 grooming [1] - 79:18 74:9, 75:2, 76:13, 35:8
Federal [2] - 1:12,
forced [10] - 43:22, gross [1] - 58:10 77:16, 78:7, 80:8, ignore [2] - 77:1, 77:7
132:5
44:3, 52:11, 58:2, ground [1] - 68:13 82:7, 82:22, 83:1, impartially [1] - 127:9
feelings [1] - 69:15
58:18, 59:5, 59:7, group [4] - 118:5, 84:8, 85:12, 86:7, implicit [1] - 78:16
fell [2] - 36:10, 98:14
59:18, 60:1, 82:20 121:4, 121:7, 121:9 87:8, 89:19, 93:4, implied [3] - 42:3,
felt [10] - 45:11, 50:16,
foregoing [1] - 133:4 guess [2] - 107:12, 93:13, 94:8, 96:2, 68:5, 69:1
61:3, 77:21, 78:2,
form [20] - 4:5, 12:18, 131:6 97:9, 97:23, 103:9, implies [1] - 68:22
88:9, 107:13,
19:5, 20:22, 22:1, guilty [2] - 85:15, 105:9, 106:14, imply [1] - 85:5
108:13, 111:6,
127:22 27:11, 28:2, 29:2, 92:15 107:15, 108:4, importance [2] -
few [6] - 26:7, 26:12, 29:9, 29:18, 30:1, 108:6, 109:13, 41:14, 98:7
109:19, 110:6, important [5] - 43:2,
33:17, 42:15, 110:3, 34:8, 34:20, 42:8, H 110:9, 112:16, 43:3, 98:22, 103:20,
110:8 53:22, 56:2, 56:21,
62:10, 90:10, 132:13 114:5, 114:10, 104:10
file [2] - 41:12, 98:5
formal [1] - 80:2 half [3] - 19:11, 19:13, 115:20, 117:8, impression [2] -
filed [3] - 35:22, 37:6,
forward [1] - 6:23 19:21 117:10, 119:16, 96:10, 120:22
130:14
foundation [1] - Hall [2] - 1:13, 132:6 120:16, 123:1, impune [1] - 77:2
filing [5] - 35:17, 97:7,
110:20 HAMPDEN [1] - 132:2 123:4, 123:19, impuned [1] - 77:8
113:3, 113:10,
four [4] - 36:2, 57:9, hand [3] - 16:14, 127:15, 131:1 in-person [1] - 13:7
113:23
57:12, 101:2 62:18, 132:20 hold [1] - 7:4 inaccurately [1] -
Final [1] - 3:18
frame [2] - 69:10, handed [3] - 35:2, holding [3] - 46:5, 77:18
final [4] - 101:22,
79:14 92:12, 119:2 46:19, 59:19 incident [21] - 27:23,
115:19, 117:4
Friday [1] - 12:20 handing [1] - 126:5 home [3] - 20:6, 23:9, 32:15, 32:18, 32:22,
finally [2] - 101:17,
friend's [1] - 70:6 handwriting [1] - 63:3 23:12 33:9, 39:3, 39:6,
102:13
front [4] - 31:18, 87:2, harassed [1] - 99:16 honest [1] - 126:17 39:16, 41:13, 57:14,
financially [1] - 132:18
88:17, 111:15 hard [3] - 15:7, 20:5, Honor [4] - 72:7, 63:22, 84:23, 89:14,
findings [16] - 3:18,
Fuck [2] - 71:8, 71:19 69:15 126:7, 126:15, 98:6, 110:5, 110:18,
25:13, 25:18, 46:22,
full [1] - 25:14 head [1] - 15:6 126:18 121:23, 122:1,
109:5, 112:13,
hear [1] - 13:19 honor [21] - 85:19, 122:2, 122:7, 124:14
115:16, 115:19,
Hearing [1] - 3:5 92:19, 93:23, 109:4, incidents [2] - 89:17,
116:19, 117:4, G 110:17, 110:19, 122:23
117:15, 117:19, hearing [38] - 7:15,
7:19, 8:19, 9:17, 112:8, 113:5, 113:8, include [5] - 48:17,
117:23, 119:2,
games [1] - 36:18 9:23, 10:4, 11:5, 114:7, 114:17, 89:10, 111:22,
119:6, 119:7
gap [1] - 69:7 12:15, 12:16, 12:21, 114:19, 114:20, 123:20, 124:8
fine [1] - 58:21
general [4] - 63:20, 12:22, 14:15, 20:11, 115:2, 115:6, 118:6, included [3] - 10:17,
Fine [1] - 38:8
78:1, 108:10, 127:19 21:21, 22:3, 24:9, 118:8, 118:16, 15:2, 120:12
includes [1] - 56:2 interests [2] - 80:19, VOLUME

72:6, I
78:17, 79:22, 27:7, 27:9, 28:1, 25:13, 25:18, 43:8,6
including [2] - 24:12, 83:4 82:8, 86:4, 86:18, 29:1, 29:8, 29:12, 43:9, 46:22, 85:11,
89:20 international [3] - 92:2, 93:8, 98:17, 29:17, 29:23, 31:9, 92:13, 92:21, 92:23,
inconsistencies [3] - 5:19, 7:5, 7:9 100:1, 104:23, 31:12, 31:16, 33:14, 93:1, 93:11, 94:6,
74:15, 75:3, 75:14 interpreted [1] - 105:7, 107:4, 107:5, 34:7, 34:19, 35:10, 109:5, 112:13,
inconsistency [1] - 106:19 108:19, 109:4, 35:15, 35:19, 36:1, 115:16, 115:19,
50:23 interrupt [1] - 27:10 109:8, 109:9, 110:7, 36:6, 36:17, 37:3, 116:5, 117:1, 117:4,
inconsistent [2] - interview [5] - 66:18, 116:17, 118:6, 37:7, 38:5, 38:8, 117:9, 117:14,
74:16, 77:2 71:7, 71:13, 71:16, 121:21, 122:17, 38:12, 38:19, 39:8, 117:16, 117:19,
incorrect [2] - 44:14, 74:14 129:4, 129:13 39:14, 39:18, 42:7, 118:7, 119:2, 119:6,
49:13 interviews [2] - 69:9, John's [8] - 31:23, 44:12, 44:19, 45:22, 119:7, 119:13, 130:2
index [1] - 63:21 79:15 48:17, 72:12, 80:18, 46:10, 47:3, 47:7, letters [3] - 117:23,
indicate [2] - 43:12, intimidated [1] - 67:10 91:14, 98:21, 101:2, 47:15, 48:2, 48:12, 121:11, 130:4
125:2 intimidating [1] - 103:2 48:14, 48:22, 49:6, level [1] - 99:21
indicated [1] - 21:2 84:11 judge [1] - 69:16 50:4, 50:18, 50:21, library [1] - 23:18
indicates [2] - 56:18, intoxicated [2] - July [1] - 57:14 51:4, 51:20, 52:22, license [1] - 5:3
94:6 57:16, 129:5 jumped [1] - 130:1 53:3, 53:21, 56:1, life [4] - 48:17, 49:3,
indicating [2] - 51:17, introduction [2] - June [1] - 57:14 56:4, 56:20, 57:3, 72:9, 72:17
134:14 14:2, 14:6 jury [1] - 25:2 58:9, 58:20, 59:9, likely [3] - 26:20,
Indicating [8] - 16:6, investigate [1] - 60:2, 61:9, 61:17, 63:21, 63:23
62:10, 62:21, 63:1,
23:3, 27:2, 30:7, 102:13 K limited [1] - 130:17
76:11, 97:16, investigation [3] - 63:11, 63:15, 67:14, line [4] - 54:19, 63:4,
114:13, 118:9 79:12, 104:1, 105:11 67:22, 68:7, 74:20, 66:6, 134:14
Kathleen [5] - 1:11, 75:21, 76:1, 76:8,
indulge [1] - 124:3 investigator [3] - Line [1] - 133:8
1:22, 132:3, 132:22, 77:4, 77:9, 79:3,
inferred [4] - 34:6, 17:19, 24:3, 67:18 line-crossings [1] -
134:20 79:13, 83:18, 85:7,
34:11, 34:18, 37:20 invited [2] - 7:14, 7:19 63:4
keep [2] - 41:1, 125:19 86:23, 87:11, 88:15,
influence [1] - 129:14 involve [1] - 112:19 lines [1] - 89:2
kept [1] - 71:20 90:1, 90:7, 90:19,
influenced [2] - 64:6, involved [4] - 10:14, list [4] - 73:21, 122:22,
key [2] - 26:7, 26:9 91:6, 91:16, 99:1,
65:4 13:6, 108:20, 129:4 123:12, 123:17
kind [1] - 52:11 101:8, 102:20,
influencing [1] - 65:6 iota [1] - 72:19 listed [2] - 54:19,
kinds [1] - 63:5 102:23, 103:3, 133:7
information [25] - iPad [4] - 82:19,
Klass [10] - 13:18, 105:15, 107:21,
15:2, 17:9, 24:6, 82:21, 83:6 literally [2] - 98:17,
84:6, 84:19, 96:17, 110:22, 111:8,
24:15, 24:17, 32:5, irrelevant [1] - 24:7 110:8
98:3, 111:19, 112:20, 112:23,
41:2, 41:8, 79:5, issue [4] - 42:3, 46:14, live [1] - 5:13
114:23, 120:23, 113:15, 114:16,
86:11, 86:15, 86:18, 66:17, 118:17 LLP [2] - 2:11, 134:4
121:13, 125:1 115:4, 115:9, 117:5,
86:21, 87:16, 87:18, issues [5] - 17:11, locations [1] - 5:15
Klass's [1] - 73:23 119:11, 124:16,
88:1, 88:7, 88:8, 95:6, 95:9, 115:1, Locke [1] - 134:4
kmh [1] - 133:23 125:5, 125:16,
96:7, 96:9, 96:12, 115:3 LOCKE [1] - 2:11
knowledge [2] - 125:19, 125:21,
96:21, 111:15, items [2] - 93:21, lodged [3] - 102:3,
132:9, 133:6 129:7
114:12, 116:16 113:1 102:10, 105:2
known [3] - 87:19, Lapp [2] - 134:4,
initial [1] - 17:22 itself [2] - 47:9, 67:12 lodging [1] - 101:18
87:21, 88:7 134:7
initiative [1] - 121:10 IX [9] - 41:12, 96:4, look [21] - 14:10,
knows [1] - 9:12 lapses [4] - 130:7,
initiatives [1] - 121:12 97:7, 98:5, 101:23, 16:15, 21:10, 21:16,
KRISTA [1] - 2:7 130:11, 130:18,
instantaneous [1] - 113:4, 113:10, 36:5, 40:21, 43:6,
Kurker's [3] - 3:8, 131:5
47:14 113:23, 115:1 60:9, 62:22, 85:13,
31:13, 35:22 large [2] - 69:7, 132:4
instantaneously [1] - 93:14, 93:20, 99:5,
last [8] - 37:15, 55:6,
48:1 J L 55:10, 55:11, 55:19,
101:1, 103:8,
instead [2] - 33:11, 112:17, 122:14,
57:21, 66:17, 118:10
96:4 124:20, 126:5,
JD/SS [1] - 117:1 LAW [1] - 2:2
instruct [1] - 38:20 Labor [4] - 27:23, 126:19, 128:3
jealousy [1] - 89:18 leading [1] - 28:13
instructions [1] - 31:22, 39:22, 69:8 looked [1] - 117:19
job [1] - 6:5 learned [1] - 98:17
78:17 lack [2] - 48:7, 60:20 looking [4] - 26:14,
JOHN [4] - 1:5, 132:9, learning [1] - 102:12
insufficient [1] - 45:20 language [1] - 68:21 36:19, 37:9, 112:21
133:5, 134:6 least [5] - 22:8, 73:16,
intentionally [1] - LaPorte [1] - 128:21 looks [1] - 35:16
John [48] - 6:15, 12:1, 80:23, 100:1, 117:12
84:10 LAPP [129] - 2:14, 9:7, LORD [1] - 2:11
12:5, 31:5, 37:14, leaves [1] - 14:11
interaction [1] - 43:13 9:10, 11:6, 11:17, Lord [1] - 134:4
40:14, 40:18, 43:22, led [1] - 121:9
intercourse [4] - 30:9, 12:8, 12:17, 15:12, lost [1] - 33:17
44:3, 44:7, 50:15, left [1] - 113:1
30:14, 50:3, 56:10 17:5, 17:17, 17:21, lubricated [3] - 45:12,
54:21, 56:9, 57:16, lend [1] - 67:12
interested [1] - 132:19 19:4, 20:21, 21:6, 46:8, 47:20
58:2, 58:18, 65:23, lengthy [1] - 101:4
interesting [1] - 21:11, 21:23, 25:3, lubrication [8] - 45:20,
67:9, 67:18, 69:20, less [1] - 101:20
103:17 25:15, 26:13, 26:18, 46:1, 46:14, 47:13,
70:6, 70:7, 70:12, letter [31] - 3:14, 3:18,
47:23, 48:8, 48:18 means [5] - 68:4, VOLUME I

48:14 119:11, 124:16, new [13] - 17:3, 35:11,7
lying [1] - 50:14 68:15, 69:2, 132:13 mistakenly [1] - 92:22 125:5, 125:16, 36:13, 43:12, 43:16,
meant [5] - 28:14, misunderstand [1] - 125:19, 125:21, 44:22, 48:21, 49:8,
M 28:19, 29:7, 29:16, 34:22 129:7 49:13, 53:8, 96:6,
30:19 moment [1] - 130:2 MS [65] - 5:6, 15:23, 130:12, 130:19
meet [3] - 14:3, 14:11, moments [1] - 102:12 16:11, 16:21, 17:20, next [8] - 6:14, 16:1,
main [4] - 10:3, 43:16, 20:19 18:1, 21:3, 21:8, 22:4, 88:19, 103:4,
money [1] - 83:5
86:3, 94:2 meeting [25] - 12:22, 21:15, 26:16, 29:11, 113:22, 120:5,
month [1] - 101:20
Main [1] - 1:13 13:14, 13:23, 14:20, 29:14, 31:11, 31:15, 123:21
months [3] - 7:17, 8:1,
maintain [1] - 6:16 15:8, 17:14, 18:4, 32:9, 33:15, 35:8, night [3] - 56:8, 67:12,
9:3
major [2] - 8:9, 89:15 18:6, 18:18, 18:22, 35:12, 35:18, 35:21, 70:12
mood [1] - 56:11
manipulate [1] - 72:21 18:23, 19:3, 19:10, 36:2, 36:22, 37:5, NINAH [7] - 1:11, 3:3,
most [3] - 26:20, 78:2,
March [1] - 132:20 19:12, 19:17, 20:10, 37:11, 38:6, 38:10, 5:1, 5:10, 132:4,
98:21
march [1] - 134:2 20:17, 21:13, 21:21, 38:18, 39:10, 39:17, 133:4, 134:9
motions [1] - 4:10
mark [6] - 15:23, 22:18, 23:1, 23:11, 39:20, 41:17, 41:21, Ninah [1] - 5:10
move [2] - 40:11,
16:12, 16:21, 32:9, 94:11, 114:3, 114:21 42:15, 45:15, 56:3, nonconsensual [34] -
82:12
103:4, 120:18 meetings [4] - 13:7, 58:13, 58:21, 62:22, 28:16, 28:23, 30:14,
moved [2] - 50:15,
marked [24] - 16:2, 13:8, 20:13, 22:3 63:6, 63:10, 63:13, 40:15, 40:19, 42:2,
56:9
16:13, 16:23, 21:6, Meg [3] - 11:2, 94:18, 65:18, 73:5, 76:17, 42:20, 44:16, 48:9,
moving [1] - 125:19
21:11, 32:11, 36:3, 95:7 83:20, 88:2, 93:16, 54:23, 56:16, 65:14,
MR [128] - 9:7, 9:10,
38:22, 41:23, 45:17, memories [1] - 63:23 95:3, 100:22, 66:13, 74:18, 75:6,
11:6, 11:17, 12:8,
65:20, 73:7, 93:18, memory [2] - 87:3, 101:10, 102:22, 83:11, 84:2, 84:18,
12:17, 15:12, 17:5,
95:5, 100:23, 103:6, 111:18 103:1, 103:5, 106:3, 84:20, 86:5, 90:23,
17:17, 17:21, 19:4,
106:5, 116:11, mentioned [4] - 73:2, 112:22, 115:11, 91:4, 91:13, 121:15,
20:21, 21:6, 21:11,
118:22, 120:20, 95:7, 96:16, 103:19 116:9, 118:20, 122:2, 122:6, 123:2,
21:23, 25:3, 25:15,
123:7, 126:2, 127:6, met [9] - 13:12, 17:12, 120:18, 123:5, 123:9, 123:15,
26:13, 26:18, 27:7,
131:12 17:22, 20:11, 94:18, 125:18, 125:20, 123:21, 124:5,
27:9, 28:1, 29:1,
Marlene [8] - 94:18, 96:17, 101:22, 125:23, 127:4, 124:9, 124:10,
29:8, 29:12, 29:17,
95:21, 96:15, 118:4, 129:19 131:11 129:14
29:23, 31:9, 31:12,
103:19, 115:2, Michael [1] - 128:21 must [1] - 32:23 nonconsent [2] -
31:16, 33:14, 34:7,
116:15, 120:1, middle [2] - 51:19, 90:16, 90:17
34:19, 35:10, 35:15,
124:23 53:10 35:19, 36:1, 36:6, N none [3] - 21:4, 22:8,
MASSACHUSETTS midway [1] - 52:20 123:2
36:17, 37:3, 37:7,
[2] - 1:1, 132:1 North [1] - 2:7
might [8] - 9:4, 16:16, 38:5, 38:8, 38:12, name [2] - 5:7, 5:9
Massachusetts [8] - 20:17, 33:18, 40:9, 38:19, 39:8, 39:14, not.. [1] - 118:9
1:13, 2:8, 2:12, 5:14, named [2] - 128:21,
60:7, 85:20, 92:22 39:18, 42:7, 44:12, Notary [3] - 1:11,
132:4, 132:6, 132:7
MILLER [1] - 2:7 44:19, 45:22, 46:10, 132:3, 132:22
132:10, 134:5 names [1] - 6:15
mind [6] - 55:22, 64:4, 47:3, 47:7, 47:15, note [2] - 98:1, 134:11
material [12] - 3:5, 3:6, naturally [1] - 84:12
69:12, 81:2, 85:6, 48:2, 48:12, 48:14, noted [3] - 12:22,
15:20, 16:4, 16:6, nature [2] - 64:17,
108:3 48:22, 49:6, 50:4, 106:21, 134:13
17:3, 17:16, 17:19, 89:8
mind-read [2] - 81:2, 50:18, 50:21, 51:4, notes [7] - 43:8, 43:9,
18:8, 20:4, 23:21, nearly [1] - 69:8
85:6 51:20, 52:22, 53:3, 74:1, 81:21, 94:6,
64:7 necessarily [3] -
minute [4] - 66:17, 53:21, 56:1, 56:4, 97:6, 97:11
materials [9] - 15:8, 11:19, 60:21, 69:4
85:23, 115:10, 56:20, 57:3, 58:9, nothing [4] - 60:4,
15:18, 16:15, 22:17, necessary [1] - 126:23
125:10 58:20, 59:9, 60:2, 89:20, 89:21, 132:8
23:10, 26:6, 26:9, need [6] - 6:10, 22:20,
minutes [1] - 42:16 61:9, 61:17, 62:10, notice [3] - 50:22,
26:21, 27:21 34:15, 41:11, 48:10,
mischaracterization 62:21, 63:1, 63:11, 70:15, 77:11
matter [4] - 47:13, 98:4
[1] - 51:21 63:15, 67:14, 67:22, notification [1] - 4:19
63:19, 132:9, 133:5 needed [3] - 41:7,
Misconduct [1] - 35:3 68:7, 74:20, 75:21, notified [1] - 12:23
mean [30] - 9:12, 94:16, 116:15
misconduct [6] - 8:21, 76:1, 76:8, 77:4, November [3] - 18:17,
11:18, 14:1, 16:17, 77:9, 79:3, 79:13, needs [3] - 80:20,
9:17, 10:1, 26:1, 127:12, 129:20
26:8, 26:10, 27:10, 83:18, 85:7, 86:23, 91:5, 91:14
62:4, 127:8 Number [2] - 70:3,
27:13, 27:15, 30:2, 87:11, 88:15, 90:1, negative [1] - 21:4
misheard [1] - 33:18 109:22
51:23, 53:4, 59:12, 90:7, 90:19, 91:6, never [21] - 45:10,
misread [1] - 106:22 number [19] - 45:7,
60:4, 61:11, 61:18, 91:16, 99:1, 101:8, 49:10, 49:11, 49:18,
misremembering [1] - 48:9, 49:17, 50:9,
62:8, 66:3, 69:10, 102:20, 102:23, 49:21, 49:23, 51:2,
126:4 54:19, 55:4, 55:9,
79:8, 87:2, 90:20, 103:3, 105:15, 51:16, 52:13, 52:14,
misrepresentation [2] 55:23, 57:9, 57:22,
106:2, 107:12, 107:21, 110:22, 54:14, 55:1, 67:8,
- 58:10, 59:10 66:1, 73:1, 74:2,
108:10, 108:13, 111:8, 112:20, 69:12, 79:21, 80:2,
misrepresented [1] - 109:6, 109:11,
119:13, 120:11, 112:23, 113:15, 99:23, 100:2, 108:3,
39:15 113:2, 123:13,
126:10, 129:16 114:16, 115:4, 123:9
misrepresents [1] - 134:14, 134:15
mean.. [1] - 101:9 115:9, 117:5, New [2] - 2:3, 8:15
numerous [1] - 102:8 93:2, 95:11, 95:12, VOLUME

7:20, 8:19, 8:20,I9:5, parties [10] - 4:3, 4:10, 69:9, 79:15, 89:17 8
98:1, 98:21, 99:3, 10:4, 12:3, 12:12, 4:19, 6:16, 73:2, Plaintiff [3] - 1:5, 2:4,
O 101:6, 101:20, 12:22, 13:7, 13:13, 78:3, 130:6, 132:17, 2:8
107:17, 113:2, 14:9, 14:11, 17:10, 132:18 Plaintiff's [1] - 3:9
116:17, 117:18 17:15, 17:22, 18:5, party [1] - 70:6 plaintiff's [1] - 37:2
object [18] - 12:17, ones [1] - 57:7 19:21, 20:11, 21:13, pass [2] - 96:19, planned [1] - 11:10
19:4, 20:21, 21:23, ongoing [1] - 72:23 21:21, 22:3, 24:14, 102:14 play [1] - 36:17
27:10, 28:1, 29:1, opinions [1] - 121:14 24:21, 25:1, 25:5, passage [10] - 30:7, playing [2] - 69:20,
29:8, 29:17, 29:23, 25:8, 25:14, 28:7,
opportunity [3] - 43:9, 45:6, 52:10, 70:13
30:10, 34:7, 34:19, 29:6, 32:12, 32:20,
17:15, 21:16, 22:21 64:3, 64:11, 64:22, plays [2] - 11:4, 11:8
42:7, 53:21, 56:1, 33:2, 33:11, 34:1,
order [5] - 48:6, 48:10, 99:14, 102:17, point [16] - 7:21, 18:9,
56:20, 62:10 34:5, 40:12, 40:17,
82:3, 103:21, 105:6 122:16 19:23, 20:1, 28:12,
Objection [64] - 11:6, 42:4, 42:10, 42:19,
organize [1] - 41:7 passages [1] - 74:7 28:19, 35:5, 38:21,
11:17, 12:8, 15:12, 42:21, 43:3, 44:9,
original [11] - 4:20, passed [1] - 15:1 40:12, 40:17, 53:10,
17:5, 25:3, 25:15, 47:12, 47:21, 53:18,
10:10, 92:21, 92:23, passes [1] - 64:1 70:12, 87:2, 89:23,
27:7, 33:14, 39:8, 55:2, 56:14, 57:18,
109:5, 112:13, passivity [8] - 34:6, 115:6, 129:17
44:12, 44:19, 45:22, 59:3, 64:21, 66:11,
116:5, 117:3, 118:7, 34:12, 34:18, 37:21, pointed [4] - 118:8,
46:10, 47:3, 47:7, 66:16, 67:4, 68:2,
130:20, 134:15 42:4, 68:6, 69:2, 128:3, 128:5, 128:10
47:15, 48:2, 48:12, 68:11, 69:7, 69:13,
originally [7] - 41:5, 84:22 policies [8] - 14:23,
48:22, 49:6, 50:4, 73:10, 77:1, 77:6,
56:14, 93:6, 106:12, past [3] - 89:11, 15:4, 32:7, 34:2,
51:4, 51:20, 52:22, 79:1, 79:10, 79:17,
109:3, 109:7, 121:20 102:10, 126:19 39:22, 104:11,
53:3, 57:3, 58:9, 79:20, 80:1, 80:17,
otherwise [1] - 132:18 pattern [11] - 72:23, 104:12, 104:13
59:9, 60:2, 61:9, 81:4, 83:10, 86:4,
ought [1] - 11:22 77:7, 80:18, 82:1, Policy [1] - 35:4
61:17, 67:14, 67:22, 86:18, 87:6, 87:14,
ourselves [1] - 14:4 83:3, 83:11, 84:1, policy [51] - 14:9,
68:7, 74:20, 75:21, 91:3, 91:12, 92:1,
outcome [4] - 81:6, 84:10, 84:20, 89:11, 26:1, 26:3, 26:11,
76:1, 76:8, 77:4, 92:6, 93:6, 94:7,
81:13, 83:7, 132:19 110:16 27:22, 28:8, 29:13,
77:9, 79:3, 79:13, 99:18, 99:22,
outcomes [1] - 81:11 pause [1] - 6:11 29:20, 30:3, 30:23,
85:7, 86:23, 87:11, 100:12, 100:15,
outweighed [2] - pending [2] - 6:13, 31:4, 31:20, 31:21,
88:15, 90:1, 90:7, 105:19, 106:2,
107:17, 108:1 132:10 32:13, 32:17, 32:18,
90:19, 91:6, 91:16, 106:19, 107:4,
own [3] - 22:22, 29:9, people [1] - 6:17 32:21, 32:22, 33:3,
99:1, 105:15, 107:7, 107:9, 109:3,
80:19 perception [1] - 67:3 33:7, 33:8, 33:12,
107:21, 110:22, 110:15, 115:18,
perhaps [1] - 16:18 36:13, 36:14, 38:1,
111:8, 113:15, 119:10, 119:19,
115:4, 117:5, P 120:4, 121:20,
period [1] - 128:17 38:3, 39:2, 39:5,
person [21] - 6:6, 13:7, 39:23, 40:4, 68:3,
119:11, 124:16, 124:6, 124:10,
20:4, 27:17, 30:10, 68:4, 68:12, 68:15,
125:5, 129:7 P-13E [2] - 3:9, 37:1 124:13, 129:19
30:11, 60:19, 60:20, 69:3, 85:16, 92:16,
objections [2] - 4:4 P-R-E-T-T-O [1] - 5:10 panel's [6] - 11:5,
68:20, 86:14, 87:9, 93:7, 95:11, 103:19,
obviously [1] - 27:5 p.m [1] - 1:14 24:9, 25:12, 25:17,
87:10, 87:15, 88:10, 103:20, 103:21,
occasion [1] - 57:15 P.O [1] - 2:3 45:18, 106:7
88:23, 89:4, 96:8, 104:6, 104:10,
occur [2] - 47:23, Packet [2] - 3:5, 3:6 panelist [2] - 9:16,
96:11, 96:14, 97:1, 105:5, 113:9,
79:17 119:1
packet [5] - 15:2, 16:6, 97:4 122:11, 122:20,
occurred [5] - 25:6, panelists [8] - 13:17,
16:10, 16:15, 45:2 person's [1] - 11:14 124:8, 127:8, 130:6
39:6, 41:13, 61:16, 14:1, 20:20, 52:6,
Page [5] - 1:18, 3:21, pg [2] - 3:10, 3:15 political [1] - 8:10
98:6 64:14, 100:18,
133:8, 134:8, 134:14 pgs [3] - 3:14, 3:16, position [19] - 7:4,
October [10] - 7:20, 106:10, 127:12
PAGE [2] - 3:4, 133:1 3:19 7:11, 43:12, 43:16,
12:20, 18:6, 28:9, panels [3] - 9:17, 9:23,
page [31] - 3:7, 3:8, phase [2] - 13:6, 40:14 44:11, 44:17, 44:23,
38:3, 39:6, 39:17, 17:2
3:13, 3:16, 3:23, phone [1] - 99:20 46:4, 48:8, 49:3,
89:16, 94:12, 122:12 papers [1] - 110:11
13:15, 14:12, 14:20, phrased [1] - 112:14 49:5, 49:8, 49:11,
OF [4] - 1:1, 1:11, parameters [1] - 6:1
19:1, 31:6, 31:10, physical [6] - 44:10, 49:14, 53:8, 53:9,
132:1, 132:2 paraphrase [1] - 85:5
35:16, 35:21, 36:2, 54:15, 58:19, 59:6, 53:19, 59:21, 86:6
offered [1] - 82:3 37:16, 45:4, 50:21, part [11] - 6:20, 35:11,
59:21, 61:13 positioned [1] - 46:19
office [3] - 22:22, 57:10, 63:8, 70:10, 41:10, 44:20, 59:15,
physically [6] - 43:22, positions [3] - 52:14,
23:15, 23:21 71:6, 72:12, 73:23, 61:23, 62:6, 80:10,
44:3, 54:22, 58:18, 52:18, 52:20
One [1] - 45:8 84:6, 88:19, 101:2, 110:2, 129:17
59:8, 67:11 possibility [4] - 53:8,
one [36] - 6:6, 8:23, 113:2, 121:18, partially [1] - 105:20
pick [1] - 111:16 53:13, 65:4, 65:6
17:2, 20:22, 21:13, 122:14, 130:15, participate [1] - 13:1
piece [3] - 62:15, possible [4] - 36:16,
22:3, 22:4, 26:15, 134:14 participated [1] - 17:2
62:16, 94:17 52:17, 53:16, 106:21
27:1, 45:7, 49:17, Page-Errata [1] - participation [2] -
pieces [1] - 126:20 possibly [2] - 16:9,
50:9, 51:1, 54:13, 134:8 103:23, 105:10
Pittsfield [1] - 2:8 52:21
54:20, 57:15, 57:22, pages [3] - 17:10, particular [7] - 22:9,
place [7] - 13:13, post [5] - 36:13, 38:3,
60:19, 62:15, 62:16, 18:21, 63:7 36:8, 38:1, 48:4,
18:17, 33:8, 39:16, 127:13, 127:17,
69:20, 71:2, 82:12, panel [102] - 3:5, 7:15, 57:6, 65:13, 75:12
127:21 pull [1] - 70:2 VOLUME

18:22, I
19:23, 20:1, 55:20 128:15, 129:22, 9
PowerPoint [2] - punishment [1] - 20:14, 22:4, 22:18, referred [3] - 45:20, 130:3
26:15, 27:16 124:15 23:2, 50:18, 62:19, 96:14, 123:13 remembering [2] -
practice [1] - 10:20 purchased [1] - 82:6 104:6 referring [4] - 46:7, 22:14, 40:3
preponderance [5] - purchasing [1] - 82:9 reads [3] - 103:21, 77:22, 106:19, remembers [1] - 50:13
61:19, 73:17, 76:6, purely [1] - 129:4 105:5, 117:16 117:18 removing [1] - 50:12
76:10, 127:3 pursuant [2] - 1:12, real [2] - 64:2, 64:8 reflect [3] - 119:9, rep [1] - 31:9
presence [1] - 131:4 132:5 realize [2] - 96:8, 119:19, 120:4 repeat [10] - 10:2,
present [3] - 13:16, put [2] - 63:23, 91:5 109:23 reflective [1] - 120:14 34:14, 40:16, 44:1,
13:22, 18:7 putative [1] - 121:6 really [5] - 45:11, refresh [1] - 55:18 47:16, 75:7, 76:16,
presentation [2] - putting [3] - 80:18, 47:19, 56:11, 71:21, refresher [2] - 14:6, 79:23, 81:9, 87:13
16:8, 18:13 83:3, 91:14 88:16 18:10 repeating [1] - 62:8
presentations [1] - really.. [1] - 21:5 regard [1] - 49:2 rephrase [12] - 6:3,
26:15 Q rear [1] - 49:11 regarding [2] - 47:10, 18:2, 34:15, 39:3,
presented [6] - 18:8, reason [3] - 72:19, 122:20 46:6, 60:17, 75:1,
18:11, 27:15, 33:12, 94:2, 100:8 regret [1] - 81:10 76:2, 78:9, 83:22,
79:5, 88:9 question's [1] - 51:22 reasonable [10] - regretted [1] - 83:6 87:23, 88:12
pressured [1] - 78:20 questioned [1] - 5:4 43:15, 86:14, 87:7, regretting [2] - 81:6, rephrasing [1] - 91:11
PRETTO [6] - 1:11, questioning [1] - 6:22 87:9, 87:15, 88:10, 81:11 replay [1] - 64:4
3:3, 5:1, 132:4, questions [5] - 6:14, 88:23, 89:4, 106:18, regular [1] - 48:18 replied [1] - 54:23
133:4, 134:9 6:19, 33:17, 91:11, 111:5 related [1] - 132:16 Report [4] - 3:8, 3:11,
Pretto [5] - 5:10, 7:1, 95:17 recalled [2] - 64:19, relating [1] - 91:10 3:21, 63:2
33:19, 38:23, 88:3 quite [1] - 18:20 89:15 relation [1] - 84:15 report [31] - 18:16,
previous [4] - 91:11, recanting [1] - 62:7 relationship [26] - 24:2, 24:6, 24:11,
129:3, 129:10, R receipt [1] - 4:20 43:14, 64:23, 65:5, 31:1, 31:5, 31:6,
129:13 receive [4] - 8:3, 9:15, 65:15, 73:11, 78:1, 31:13, 31:20, 32:14,
primarily [1] - 86:5 15:7, 28:13 82:2, 82:14, 85:17, 33:13, 35:7, 35:22,
raised [3] - 4:6, 4:12,
primary [4] - 6:21, 7:8, received [6] - 8:5, 85:19, 89:9, 92:2, 36:13, 43:1, 45:3,
66:17
13:5, 40:13 8:14, 10:9, 16:4, 92:17, 92:19, 93:7, 52:13, 53:6, 54:8,
rather [2] - 36:17, 37:9
problem [3] - 48:18, 16:16, 64:12 102:7, 121:22, 55:20, 57:5, 63:7,
rational [1] - 72:18
77:12, 91:4 recess [3] - 42:17, 122:7, 122:11, 64:13, 69:17, 73:3,
rationale [1] - 25:14
problems [1] - 89:15 73:8, 115:12 122:19, 123:10, 79:9, 99:12, 99:19,
RE [1] - 134:6
procedural [4] - recitation [1] - 65:7 123:14, 123:20, 109:18, 122:15,
reached [1] - 99:20
130:7, 130:11, reciting [2] - 62:8, 124:5, 124:7, 124:11 124:6
reaction [1] - 127:16
130:18, 131:4 66:20 relative [1] - 80:6 reported [8] - 47:11,
reactions [1] - 89:1
Procedure [3] - 1:12, recognize [1] - 92:20 relevant [2] - 15:18, 72:6, 109:4, 110:7,
read [69] - 4:16, 22:20,
132:5, 134:11 recollection [6] - 24:3 110:21, 111:7,
22:22, 25:23, 30:6,
procedures [1] - 14:10 55:18, 63:20, 64:5, remember [69] - 7:18, 114:22, 126:18
30:8, 33:15, 33:16,
process [9] - 10:18, 64:9, 64:19, 65:1 13:8, 16:7, 16:17, reporter [1] - 9:11
33:17, 33:20, 37:15,
13:6, 99:17, 104:1, recollections [1] - 20:15, 28:11, 28:17, Reporter [4] - 1:22,
37:18, 38:16, 41:9,
105:11, 111:1, 69:14 32:4, 32:5, 32:6, 33:20, 76:19, 88:4
43:9, 45:6, 46:8,
111:13, 120:22, reconcile [2] - 51:8, 32:16, 33:4, 36:10, reporter's [1] - 6:5
49:16, 49:20, 50:7,
129:18 51:14 36:12, 36:21, 36:23, reporting [13] - 69:5,
51:1, 52:9, 54:19,
produce [5] - 15:16, record [12] - 5:9, 9:11, 40:10, 44:8, 50:6, 77:18, 85:18, 92:18,
55:4, 55:22, 57:9,
21:4, 21:9, 25:13, 26:14, 38:13, 38:14, 50:11, 52:1, 52:16, 93:8, 94:2, 109:9,
57:12, 57:22, 63:18,
25:18 38:16, 38:21, 51:21, 52:21, 53:14, 54:7, 111:5, 111:14,
70:4, 70:11, 71:5,
produced [5] - 15:11, 101:9, 117:12, 54:17, 55:3, 55:16, 111:22, 112:3,
71:15, 72:13, 73:23,
15:13, 20:19, 21:1, 131:13, 132:14 56:23, 57:8, 65:16, 126:7, 126:15
74:7, 75:9, 76:18,
21:19 recount [1] - 64:8 66:1, 66:2, 67:16, reports [1] - 80:23
76:19, 81:2, 81:21,
production [1] - 5:3 RECROSS [1] - 3:2 68:1, 69:23, 82:10, representation [1] -
84:7, 85:6, 85:14,
proof [1] - 61:15 red [11] - 31:14, 45:7, 82:11, 82:20, 82:23, 31:13
85:21, 86:9, 87:5,
protect [2] - 82:3, 54:20, 55:7, 93:21, 93:9, 94:13, 95:10, representing [3] - 2:4,
88:3, 88:4, 88:21,
84:13 99:15, 101:5, 95:18, 97:1, 97:9, 2:8, 2:13
92:14, 93:21, 97:21,
provide [2] - 102:6, 102:18, 103:15, 98:19, 100:6, reputation [3] - 11:4,
99:14, 101:5, 101:8,
134:15 118:3, 130:15 104:22, 109:21, 11:8, 11:12
101:12, 102:17,
provided [7] - 24:11, redacted [1] - 63:14 110:1, 111:11, requested [3] - 33:21,
103:15, 105:4,
24:16, 24:22, 27:21, REDIRECT [1] - 3:2 112:4, 114:6, 115:7, 76:20, 88:5
116:20, 118:2,
31:22, 32:13, 125:4 reduced [1] - 132:13 115:15, 118:18, require [1] - 10:15
120:2, 122:15,
provides [1] - 130:6 reeks [1] - 102:14 121:19, 123:11, reserved [2] - 4:5,
125:10, 126:12,
Public [3] - 1:11, refer [1] - 55:13 124:18, 124:19, 4:11
130:15, 133:4
132:3, 132:22 reference [2] - 54:15, 125:11, 127:14, reside [2] - 5:11, 5:15
reading [11] - 18:21,
128:2, 128:12,
respondent [1] - rewritten [1] - 118:12 VOLUME

36:22, I
37:5, 37:11, seal [1] - 132:20 sexual [19] - 8:21, 10
86:11 rewrote [1] - 118:15 38:6, 38:10, 38:18, second [9] - 14:12, 9:17, 10:1, 11:21,
response [16] - 31:6, risk [2] - 64:2, 64:8 39:10, 39:17, 39:20, 18:17, 18:23, 40:8, 25:23, 27:8, 30:9,
31:7, 31:10, 31:23, Rochester [1] - 8:6 41:17, 41:21, 42:15, 71:13, 71:16, 74:13, 30:14, 44:17, 54:16,
63:7, 64:13, 72:13, role [5] - 7:8, 10:19, 45:15, 56:3, 58:13, 87:5, 99:12 58:3, 60:23, 62:4,
99:12, 101:2, 11:4, 11:8, 15:1 58:21, 62:22, 63:6, Second [2] - 3:16, 86:13, 108:8,
101:23, 103:2, room [3] - 50:12, 72:9, 63:10, 63:13, 65:18, 3:16 108:15, 108:17,
103:22, 105:4, 72:18 73:5, 76:17, 83:20, SECTION [1] - 1:2 108:20, 127:8
105:7, 105:20 Room [2] - 1:13, 132:6 88:2, 93:16, 95:3, Section [1] - 132:11 Sexual [1] - 35:3
Response [6] - 3:7, Rossi [122] - 5:8, 9:15, 100:22, 101:10, section [10] - 35:6, shaking [1] - 70:9
3:12, 3:13, 3:16, 11:9, 11:20, 12:11, 102:22, 103:1, 37:23, 87:5, 118:12, shared [1] - 116:2
3:16, 63:2 12:19, 15:14, 16:3, 103:5, 106:3, 118:15, 119:9, SHEET [1] - 133:1
responses [2] - 18:16, 16:14, 17:1, 17:8, 112:22, 115:11, 119:18, 120:2, Sheet [2] - 134:9,
24:12 18:3, 19:8, 21:17, 116:9, 118:20, 120:3, 120:6 134:14
responsibilities [2] - 22:2, 25:5, 25:17, 120:18, 123:5, see [16] - 1:18, 20:5, shook [2] - 69:21,
7:7, 10:19 26:19, 27:8, 27:14, 125:18, 125:20, 23:16, 49:15, 55:18, 70:14
responsibility [4] - 28:4, 29:5, 29:15, 125:23, 127:4, 62:18, 71:1, 74:14, shortly [1] - 9:20
10:4, 25:12, 25:18, 29:21, 30:5, 31:18, 131:11 75:14, 76:12, 76:21, show [17] - 13:10,
119:1 32:12, 33:22, 34:10, roughness [9] - 43:12, 91:2, 97:17, 113:19, 16:5, 21:19, 26:19,
responsible [13] - 34:23, 36:4, 36:11, 43:17, 44:18, 45:19, 118:2, 126:6 30:5, 30:21, 34:23,
10:6, 10:7, 40:14, 37:12, 38:23, 40:6, 46:6, 46:13, 47:1, seek [3] - 96:3, 96:9, 45:1, 54:18, 66:5,
40:18, 78:17, 86:4, 42:1, 42:9, 42:18, 47:5, 86:6 96:11 85:10, 86:8, 90:6,
90:16, 109:8, 114:8, 44:15, 44:21, 45:18, routine [1] - 49:4 seeking [2] - 91:5, 94:14, 115:14,
121:21, 122:3, 122:6 46:3, 46:13, 47:4, row [1] - 97:14 96:7 116:13, 119:15
result [1] - 102:2 47:10, 47:18, 48:6, rows [1] - 97:15 seem [2] - 74:3, 82:2 showing [3] - 92:12,
resulting [1] - 64:4 48:16, 49:2, 49:10, Rules [3] - 1:12, sense [5] - 47:13, 113:21, 123:21
retain [1] - 134:15 50:7, 50:22, 51:6, 132:5, 134:11 63:19, 77:23, 78:2, shown [2] - 20:23,
retaliate [1] - 94:3 52:5, 53:1, 53:5, 82:18 21:14
retaliated [1] - 98:23 54:2, 56:13, 57:1, S sentence [6] - 37:16, shows [3] - 60:20,
retaliation [28] - 94:1, 57:6, 58:16, 58:23, 37:23, 38:2, 118:3, 73:21, 111:4
94:17, 95:8, 95:12, 59:16, 60:6, 61:12, 118:10, 126:16 sic [2] - 56:16, 72:19
S.E [1] - 134:22
97:8, 100:16, 61:21, 62:14, 63:17, separate [1] - 62:16 side [1] - 107:13
65:21, 67:17, 68:2, said/she [1] - 129:4
100:20, 102:5, September [4] - 39:19, sign [1] - 4:16
68:10, 73:9, 74:23, sanction [5] - 85:10,
102:15, 103:18, 39:21, 122:8 SIGNATURE [1] -
75:23, 76:2, 76:12, 92:13, 92:23,
103:22, 104:5, sequence [3] - 41:16, 133:1
76:21, 77:6, 77:11, 108:19, 130:2
104:18, 105:6, 98:9, 109:21 Signature [2] - 134:8,
79:7, 79:14, 83:21, sanctioning [4] -
106:13, 106:16, serious [1] - 102:11 134:14
85:9, 87:4, 87:14, 108:22, 128:18,
107:12, 107:14, seriously [1] - 20:9 SIGNATURE:______
88:6, 88:18, 90:3, 129:13, 130:1
112:2, 112:8, serve [1] - 12:3 ______________
90:10, 90:20, 91:9, sanctions [1] - 78:13
112:19, 113:4, served [2] - 8:20, 9:1 DATE [1] - 133:21
91:20, 93:19, 95:6, Sandstrom [14] -
113:5, 113:8, 113:9, services [2] - 5:19, 7:6 signed [2] - 133:2,
99:4, 101:1, 102:16, 13:20, 14:21, 18:7,
114:1, 115:2, 118:17 serving [2] - 8:19, 9:4 134:13
103:7, 105:18, 96:18, 106:7,
retaliatory [5] - 41:15, severity [1] - 74:3 significant [5] - 64:3,
106:6, 107:23, 106:10, 111:21,
80:16, 94:4, 98:8, sex [50] - 28:16, 28:23, 104:17, 130:7,
111:3, 111:12, 112:7, 112:18,
101:18 40:15, 40:19, 42:2, 130:11, 130:18
113:6, 113:18, 114:2, 114:4, 117:3,
return [9] - 21:17, 42:6, 42:12, 42:20, significantly [1] - 6:6
114:18, 115:8, 118:15, 125:3
23:17, 23:21, 41:19, 44:16, 47:14, 48:1, silence [7] - 34:6,
115:13, 116:12, Sandstrom's [1] -
43:5, 45:14, 50:12, 48:9, 48:17, 49:3, 34:11, 34:18, 37:21,
117:7, 118:23, 18:13
69:12, 84:5 49:21, 50:13, 50:17, 42:3, 68:5, 69:1
119:14, 120:21, sat [2] - 95:21, 95:22
returned [1] - 133:2 51:19, 52:14, 53:10, similar [2] - 60:15,
123:8, 124:19, satisfactorily [1] - 5:2
returning [2] - 14:19, 54:23, 56:12, 56:16, 121:14
125:7, 126:3, 127:7, saw [1] - 18:15
109:22 56:19, 57:17, 58:8, simply [1] - 53:9
129:9, 134:16, scared [2] - 72:8,
revenge [1] - 80:10 60:1, 66:14, 74:19, single [1] - 29:10
134:22 72:17
review [6] - 10:5, 75:6, 83:11, 84:2, situation [3] - 46:18,
ROSSI [67] - 2:2, 2:4, scheduled [2] - 19:6,
10:18, 17:16, 18:10, 84:18, 84:20, 86:5, 82:5, 129:5
5:6, 15:23, 16:11, 19:19
23:10, 103:20 90:23, 91:4, 91:13, situations [1] - 81:12
16:21, 17:20, 18:1, school [2] - 79:21,
reviewed [2] - 42:23, 121:15, 122:2, six [2] - 8:1, 57:23
21:3, 21:8, 21:15, 80:3
62:17 122:6, 123:3, 123:9, slap [1] - 110:4
26:16, 29:11, 29:14, science [1] - 8:10
revised [1] - 116:23 123:15, 123:21, slapped [3] - 71:11,
31:11, 31:15, 32:9, scratch [3] - 57:21,
reword [2] - 34:13, 124:5, 124:9, 71:22, 109:20
33:15, 35:8, 35:12, 85:22, 100:14
34:22 124:10, 129:14 slapping [4] - 85:16,
35:18, 35:21, 36:2, se [1] - 27:1
92:16, 110:4, 110:18 112:15, 121:11, VOLUME

strength I
[1] - 67:19 terms [9] - 26:7, 41:11, 64:18, 80:8,11
slight [1] - 30:10 123:13 strike [1] - 4:10 26:11, 26:22, 28:22, 98:4, 98:13, 98:15,
small [2] - 43:7, 74:8 spring [1] - 58:1 student [5] - 5:19, 7:6, 76:14, 81:15, 84:20, 98:16, 111:10
smell [1] - 102:14 STACEY [1] - 2:4 8:17, 104:14, 119:3 87:5, 108:15 tired [1] - 56:11
Smith [59] - 6:15, 12:2, Stacey [1] - 5:7 students [2] - 7:9, test [2] - 39:13, 102:14 Title [9] - 41:12, 96:4,
12:7, 42:4, 42:10, stage [4] - 108:22, 79:11 testified [3] - 5:4, 97:7, 98:5, 101:23,
43:21, 43:23, 44:2, 108:23, 129:1, 130:1 studies [1] - 10:19 22:7, 101:11 113:3, 113:10,
45:21, 47:11, 47:18, stairs [1] - 50:12 submissive [1] - 84:12 testify [2] - 21:1, 132:8 113:23, 114:23
48:17, 49:10, 50:1, stands [1] - 120:8 substantive [4] - testifying [3] - 93:23, title [1] - 62:23
52:13, 54:5, 54:13, started [11] - 9:4, 17:11, 130:12, 113:4, 113:7 to.. [1] - 68:14
56:19, 58:6, 58:17, 18:21, 45:10, 49:18, 130:19, 131:4 testimony [13] - 39:1, today [1] - 39:1
58:18, 61:4, 65:11, 49:23, 51:3, 51:16, sufficient [2] - 61:22, 39:4, 39:13, 48:15, together [5] - 23:2,
65:13, 65:22, 67:8, 70:7, 70:8, 70:9, 62:3 56:5, 58:11, 83:13, 50:15, 56:9, 113:19,
67:17, 69:19, 72:7, 70:13 Suite [1] - 2:7 83:14, 94:3, 132:12, 115:23
77:12, 78:23, 79:10, starting [1] - 74:9 support [3] - 7:8, 132:14, 133:5 took [6] - 19:7, 19:21,
79:17, 79:20, 80:1, state [3] - 5:8, 5:11, 79:18, 111:17 than.. [1] - 37:10 39:16, 69:9, 121:12,
80:17, 82:8, 82:13, 118:7 supported [1] - 73:12 THE [76] - 9:9, 9:14, 132:4
86:19, 87:17, 89:5, STATE [1] - 132:1 supporting [1] - 11:7, 11:18, 12:9, top [4] - 15:6, 30:7,
89:14, 89:22, 91:14, statement [9] - 11:15, 109:16 15:13, 17:6, 25:4, 50:16, 52:9
92:1, 93:6, 98:22, 11:21, 44:6, 46:7, suppose [1] - 120:8 25:16, 27:12, 28:3, total [2] - 19:2, 19:9
100:3, 105:2, 56:14, 56:18, 59:4, supposed [4] - 14:3, 29:3, 29:19, 30:2, totality [2] - 62:13,
106:22, 107:5, 60:22, 99:7 25:1, 25:5, 25:8 31:17, 34:9, 34:21, 62:17
107:19, 108:7, statements [25] - survivor [1] - 11:21 36:9, 36:20, 40:2, track [1] - 41:2
109:3, 109:8, 110:7, 39:11, 39:12, 50:23, Susan [22] - 6:15, 41:20, 44:13, 44:20, trained [6] - 10:21,
123:9, 124:4, 127:20 51:15, 53:6, 53:17, 12:2, 12:7, 50:11, 45:23, 47:8, 47:16, 11:11, 60:9, 60:12,
Smith's [7] - 46:7, 57:2, 57:20, 60:10, 54:21, 54:23, 56:7, 48:3, 48:13, 48:23, 78:10, 89:3
64:23, 69:14, 73:11, 60:13, 60:16, 60:18, 57:13, 57:14, 58:1, 49:7, 50:5, 50:20, training [13] - 9:16,
77:2, 77:7, 80:10 60:19, 62:7, 62:9, 70:5, 70:7, 71:20, 51:5, 51:23, 52:23, 10:9, 10:10, 10:12,
someone [1] - 96:7 70:16, 70:19, 74:12, 72:16, 72:19, 99:18, 53:23, 56:6, 56:22, 10:13, 10:17, 11:1,
sometime [6] - 55:6, 74:17, 74:22, 75:4, 101:15, 102:2, 57:4, 59:12, 60:3, 14:7, 17:23, 26:4,
55:10, 55:11, 55:14, 75:13, 76:5, 77:2, 102:7, 116:17, 61:10, 61:18, 62:12, 26:6, 26:21, 27:17
55:19, 129:19 88:9 118:5, 123:9 63:9, 67:15, 67:23, trainings [1] - 28:7
sometimes [3] - 52:1, States [1] - 132:10 Susan's [6] - 56:8, 68:8, 74:21, 75:22, transcript [6] - 4:16,
61:6 states [1] - 71:14 71:7, 71:16, 72:20, 76:9, 77:5, 77:10, 4:21, 9:13, 133:5,
Sorry [2] - 72:20, STATES [1] - 1:1 73:1, 122:20 79:4, 85:8, 87:1, 133:6, 134:12
110:1 stating [1] - 71:18 suspended [1] - 87:12, 88:16, 90:2, TRANSCRIPTION [1] -
sorry [25] - 15:15, Stenographer [1] - 131:14 90:8, 91:7, 91:18, 132:13
16:5, 25:4, 27:9, 1:12 sway [1] - 106:7 99:2, 101:13, trauma [2] - 51:11,
35:10, 39:21, 40:10, stenographically [1] - switched [4] - 52:14, 105:16, 107:22, 54:5
41:17, 81:8, 81:16, 132:12 52:18, 52:20, 53:9 110:23, 111:9, traumatic [2] - 54:3,
85:20, 87:13, 91:23, Stephen [7] - 73:23, sworn [2] - 5:4, 132:8 113:3, 113:16, 67:2
92:8, 94:10, 95:2, 84:6, 84:19, 96:17, 115:5, 117:6, trial [2] - 4:6, 4:12
sympathy [12] - 61:4,
99:10, 100:13, 98:3, 111:19, 114:23 119:12, 124:17, true [3] - 59:1, 132:14,
61:5, 64:6, 77:15,
103:2, 107:5, 108:1, steps [1] - 12:15 125:6, 129:8 133:6
77:19, 77:21, 78:2,
119:22, 123:16, Steve [6] - 13:17, 78:6, 108:5, 108:7, the.. [1] - 122:21 truly [1] - 134:18
125:13, 129:23 95:22, 103:14, 108:14, 127:20 thick [1] - 22:19 trust [1] - 69:13
sort [2] - 59:6, 68:21 120:7, 124:22, sync [1] - 120:23 thinking [3] - 52:2, truth [4] - 25:9, 132:8,
sought [1] - 84:12 126:11 52:4, 104:4 132:9
sounded [2] - 54:9, third [1] - 73:2
54:10
Steve's [1] - 74:9 T thirty [2] - 133:2,
try [2] - 9:7, 83:17
still [1] - 88:20 trying [3] - 39:10,
source [1] - 47:11 stomach [1] - 50:14 134:11 39:12, 114:11
speaking [3] - 6:7, stop [5] - 71:9, 71:10, table [1] - 113:14 thoughts [1] - 120:11 turn [3] - 45:4, 70:10,
84:17, 112:6 71:11, 71:21, 71:23 tainted [1] - 64:11 threatened [2] - 67:9, 106:11
specific [1] - 18:9 stored [1] - 23:22 tears [2] - 72:20, 72:21 71:22 turns [1] - 6:23
spell [1] - 5:8 stories [2] - 74:15, tenure [1] - 7:12 threats [1] - 89:21 two [30] - 7:3, 10:11,
spending [1] - 56:7 75:15 term [12] - 28:15, three [8] - 13:17, 13:7, 17:2, 19:1,
spent [4] - 20:14, story [6] - 65:1, 72:23, 28:19, 28:20, 28:21, 55:23, 74:7, 101:6, 22:2, 43:16, 50:14,
22:9, 104:16, 104:21 74:13, 75:13, 78:23, 29:7, 29:9, 29:15, 106:2, 107:16, 50:23, 51:8, 55:4,
spreadsheet [9] - 79:18 30:18, 45:19, 47:5, 107:18, 107:23 55:9, 69:8, 72:12,
3:10, 41:1, 73:22, straight [1] - 78:23 67:12, 87:6 throughout [2] - 57:4, 73:23, 84:6, 86:3,
93:20, 94:5, 97:5, Street [2] - 1:13, 2:7 termination [1] - 99:17 95:10, 100:14,
102:2 timing [10] - 12:10,
101:6, 107:17, 100:18, 115:1, 116:1 VOLUME

132:9, I
133:5, 134:6 WROLDSON [1] - 2:7 12
107:18, 107:23, upset [2] - 105:14, Williams [8] - 1:12, wrote [11] - 94:1,
109:7, 109:11, 107:6 2:13, 5:19, 7:2, 7:10, 102:21, 106:20,
112:6, 113:1, 7:12, 9:21, 132:5 115:21, 116:5,
115:10, 117:22, V Williamstown [3] - 116:8, 117:3,
126:22 1:13, 5:13, 132:6 117:11, 117:17,
two-hour [1] - 10:11 willing [1] - 126:19 130:2, 130:4
two-minute [1] - vaguely [1] - 110:12 www.kristamillerlaw
Wilson [1] - 57:13
115:10 verbally [1] - 90:21 .com [1] - 2:9
wish [1] - 81:1
typed [1] - 116:1 version [2] - 72:22,
with.. [1] - 89:15
116:23
typewritten [1] -
victim [6] - 105:7,
WITNESS [77] - 3:2, Y
132:13 9:9, 9:14, 11:7,
typical [1] - 43:13 106:21, 106:23,
11:18, 12:9, 15:13,
108:8, 108:15, year [9] - 55:6, 55:10,
17:6, 25:4, 25:16,
108:17 55:11, 55:15, 55:17,
U victim's [1] - 103:23
27:12, 28:3, 29:3,
55:19, 55:21, 92:3,
29:19, 30:2, 31:17,
victims [1] - 60:23 102:10
34:9, 34:21, 36:9,
ultimately [4] - 77:1, [2] - 99:7,
36:20, 40:2, 41:20, years [2] - 7:3, 69:9
77:7, 94:17, 100:18 103:1 44:13, 44:20, 45:23, yelling [1] - 71:17
unbearable [1] - 99:21 violated [2] - 93:6, 47:8, 47:16, 48:3, York [2] - 2:3, 8:15
unclear [1] - 6:2 124:8 48:13, 48:23, 49:7, you.. [1] - 35:6
uncomfortable [2] - violating [1] - 78:18 50:5, 50:20, 51:5, yourself [1] - 23:9
45:11, 47:19 violation [4] - 118:6, 51:23, 52:23, 53:23,
under [8] - 32:22, 122:19, 123:14, 56:6, 56:22, 57:4,
37:22, 37:23, 43:7, 127:1 59:12, 60:3, 61:10,
73:23, 84:6, 132:13 violations [5] - 85:16, 61:18, 62:12, 63:9,
underlined [22] - 41:9, 85:18, 92:16, 92:18, 67:15, 67:23, 68:8,
45:7, 50:8, 52:10, 109:4 74:21, 75:22, 76:9,
63:18, 70:4, 70:11, violence [2] - 47:2, 77:5, 77:10, 79:4,
71:6, 72:14, 74:8, 47:6 85:8, 87:1, 87:12,
81:22, 85:14, 86:10, virtue [1] - 59:21 88:16, 90:2, 90:8,
88:22, 92:14, 99:15, vocal [1] - 90:13 91:7, 91:18, 99:2,
101:5, 103:16, vocalize [1] - 90:15 101:13, 105:16,
118:3, 118:11, voluminous [2] - 17:9, 107:22, 110:23,
122:15, 130:16 18:20 111:9, 113:3,
underlining [1] - 63:4 votes [1] - 126:23 113:16, 115:5,
undersigned [1] - VS [2] - 133:5, 134:6 117:6, 119:12,
133:4 vs [2] - 1:6, 132:9 124:17, 125:6, 129:8
understandable [1] - Witness [1] - 132:20
6:4 W witness [8] - 36:18,
understood [3] - 24:5, 36:19, 37:8, 64:3,
33:7, 33:23 64:8, 83:13, 101:10,
unhealthy [1] - 78:1 wait [1] - 6:8 132:15
United [1] - 132:10 waived [1] - 4:21 witnesses [4] - 38:16,
UNITED [1] - 1:1 waking [1] - 50:2 54:14, 62:6, 79:18
University [2] - 8:5, walking [1] - 50:11 woke [1] - 51:18
8:15 wasting [1] - 38:15 woman [2] - 108:8,
unlikely [1] - 82:2 waving [1] - 71:17 108:10
unnecessary [2] - ways [2] - 52:2, 90:12 word [5] - 29:10,
98:12, 127:22 website [2] - 26:4, 29:22, 47:1, 61:22,
unresponsive [1] - 127:13 106:21
4:11 weigh [3] - 75:15, worded [2] - 103:20,
unsubstantiated [1] - 76:10, 78:4 104:10
73:16 weighed [1] - 76:5 wording [1] - 105:5
unusual [6] - 41:12, welcome [2] - 42:18, words [2] - 37:4,
44:17, 48:8, 53:20, 73:9 68:23
86:6, 98:5 WESTERN [1] - 1:2 worth [1] - 104:7
unwillingly [1] - 44:7 Western [1] - 132:11 writing [1] - 94:23
up [14] - 25:22, 28:9, whiteouts [1] - 63:3 written [5] - 15:17,
28:13, 50:2, 50:11, whole [3] - 26:11, 23:10, 42:23, 54:8,
51:18, 70:7, 81:5, 69:17, 132:8 110:11
81:12, 89:5, 89:23, WILLIAMS [4] - 1:7,

John Doe V Williams College Motion For Summary Judgment Exhibit 68

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John Doe V Williams College Motion For Summary Judgment Exhibit 68

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Case 3:16-cv-30184-MGM Document 124-68 Filed 09/30/18 Page 1 of 146

UNITED STATES DISTRICT COURT

DEPOSITION OF: NINAH PRETTO, taken before

(Please see Page 2.)

ROSSI LAW FIRM

KRISTA A. WROLDSON MILLER, ESQUIRE

LOCKE LORD LLP

7 46 J. Doe's Response, page 5 32

8 47 A. Kurker's Report, page 4 36

9 48 Exhibit P-13E of Plaintiff's complaint 38

10 49 Excel spreadsheet, 1 pg. 41

12 51 Exhibit A of 9/24/16 Response 55

13 52 J. Doe's Response, page 2 73

14 53 Decision letter, 2 pgs. 93

16 55 J. Doe's Second Response, 3 pgs. 100

21 61 Page 39 of Report 123

3 It is agreed by and between the parties

4 that all objections, except objections as to

5 the form of the question, are reserved, to be

6 raised at the time of trial for the first

9 It is further agreed by and between the

10 parties that all motions to strike

11 unresponsive answers are also reserved, to be

12 raised at the time of trial for the first

15 It is also agreed that the deponent will

16 read and sign the deposition transcript.

18 It is further agreed by and between the

19 parties that notification to all parties of

20 the receipt of the original deposition

21 transcript is also hereby waived.

1 NINAH PRETTO, Deponent, having

2 been satisfactorily identified by the

3 production of a driver's license, was duly

4 sworn in and questioned and testified as

6 DIRECT EXAMINATION BY MS. ROSSI

7 Q. Good afternoon. My name is Stacey

8 Elin Rossi. Could you please state and spell

9 your name for the record?

10 A. Ninah Pretto, N-I-N-A-H P-R-E-T-T-O.

11 Q. And what city and state do you reside

15 Q. Do you reside in any other locations?

17 Q. What is your employment?

18 A. I work as the assistant dean of

19 international student services at Williams

21 Q. Have you ever gone through a

1 Q. Let me go through some parameters.

2 If I ask a question that is unclear, please

3 let me know so I can rephrase it in a way that

4 would make it more understandable.

5 It makes the court reporter's job

6 significantly easier if only one person at a

7 time is speaking. So even if you think you

8 know the question I'm asking, please wait

9 until I am done before answering it.

10 If at any time you need to take a

11 break and pause the deposition, you may ask to

12 do so, only we ask that you complete the

13 currently pending question first.

14 Next, all of the questions -- I will

15 be using the names John Doe and Susan Smith to

16 maintain confidentiality of the parties but we

17 understand who those people are, correct?

19 Q. All of the questions I'll be asking