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REPORT OF INVESTIGATIVE COUNSEL
KEENE STATE COLLEGE’S RESPONSE TO COMPLAINTS REGARDING GINO VALLANTE
MARCH 27, 2015
Michael A. Delaney, Esquire Beth A. Deragon, Esquire McLane, Graf, Raulerson & Middleton, Professional Association 900 Elm Street, P.O. Box 326 Manchester, NH 03105-0326 (603) 625-6464
IN RECOGNITION OF THE INTERESTS OF THE PRIVACY OF STUDENTS, REFERENCES TO STUDENT NAMES, PLACES AND OTHER PERSONALLY IDENTIFIABLE INFORMATION ASSOCIATED WITH STUDENTS HAVE BEEN SUBSTITUTED WITH GENERIC TITLES IN THIS REPORT. THE REPORT ALSO CONTAINS REDACTIONS RELATED TO OTHER INFORMATION WHOSE DISCLOSURE WOULD CONSTITUTE AN INVASION OF THE PRIVACY OF STUDENTS. Redacted to Protect Student Privacy
TABLE OF CONTENTS Page
I. INTRODUCTION AND SCOPE OF THE INVESTIGATION ...... 4
II. EXECUTIVE SUMMARY ...... 7
III. TIMELINE OF SIGNIFICANT EVENTS ...... 10
IV. TITLE IX AND KEENE STATE COLLEGE SEXUAL HARASSMENT AND DISCRIMINATION POLICY ...... 13
A. Title IX Of The Educational Amendments Of 1972 (“Title IX”) ...... 13
B. KSC Policies And Procedures ...... 14
1. Discrimination And Discriminatory Harassment Policy (Including Sexual Harassment) 2005-2013 ...... 14
2. Discrimination And Discriminatory Harassment Policy, Approved June 25, 2013 ...... 17
V. VALLANTE’S HISTORY OF SEXUALLY HARASSING STUDENTS ...... 18
A. Vallante’s Association With KSC ...... 18
1. Vallante’s Collegiate Experience As A KSC Student ...... 18
2. Initial Involvement In KSC Basketball Program ...... 20
B. Vallante’s Sexual Harassment As Head Coach At NEC ...... 21
1. Vallante’s Sexual Harassment Of NEC Student 1 At NEC ...... 21
2. Vallante’s Sexual Harassment Of NEC Student 2 At NEC ...... 25
3. Vallante’s Sexual Harassment Of NEC Student 3 At NEC ...... 25
4. Student Athlete Reporting Of Vallante’s Sexual Harassment To NEC President And Athletic Director ...... 27
5. NEC Student 3’s June 6, 2002 Email To Athletic Director Runksmeier And Dean Of Student Affairs Petrick ...... 28
C. Vallante’s Return To KSC ...... 29
1. Manager Of Night Owl Café At The Student Center ...... 29
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2. Vallante’s Role As Assistant Basketball Coach And Director Of Basketball Operations (2004-2011) ...... 31
3. Vallante’s Role As Academic Advisor To Student Athletes ...... 33
4. Vallante As A Broadcaster Of KSC Athletic Games ...... 34
5. Vallante’s Coordination Of High School Tournaments And Summer Camps ...... 34
D. Examples of Vallante’s Sexual Harassment After Returning To KSC ...... 35
1. Sexually Explicit Phone Calls To NEC Student 4 ...... 35
2. Sexual Comments To KSC Basketball Player KSC John Doe 1 ...... 35
3. Likely Posing As A Female Online To Solicit Nude Photos From KSC Basketball Players ...... 36
4. Sexual Comments To A Recent Graduate Who Broadcast KSC Basketball Games ...... 37
5. Inappropriate Conversations With A KSC Student Intern ...... 38
E. Vallante’s Encounters With A Keene Resident...... 39
VI. KSC’S FAILURES TO REPORT OR PROPERLY INVESTIGATE KNOWN OR SUSPECTED CONCERNS ABOUT VALLANTE ...... 39
A. Beach And Colbert Received Warnings About Vallante From A NEC Source In 2003-2004 ...... 40
B. NEC Student 3’s Email To Athletic Director John Ratliff In 2005 ...... 42
C. Graduate Student Complaint To Professor Len Fleischer In 2006 About Vallante’s Misconduct At NEC ...... 43
D. Report In 2006 To Professor Susan Theberge That Vallante Left NEC Because He Was Accused Of Harassment ...... 44
E. KSC’s Informal Inquiry In 2006 Regarding Vallante’s Departure From NEC...... 45
1. Harkness Interviewed Vallante In 2006 Regarding His Departure From NEC ...... 45
2. Harkness Contacted NEC’s Athletic Director And Human Resources Director In 2006, But NEC Would Not Provide Information To Her ...... 47
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F. NEC Student 2 And Steven Boudreau’s Discussion In 2010...... 49
G. NEC Student 2’s Email To Colbert In May 2011 ...... 50
H. NEC Student 3’s Email To Colbert In May 2011 To Substantiate NEC Student 2’s Complaint ...... 52
I. Discussions Between Ratliff And Colbert In 2011 About The NEC Alumni Complaints ...... 54
J. KSC John Doe 1’s Report To Assistant Coach Matt Adams And Colbert In The Summer of 2012 ...... 55
K. Colbert’s Discussion With Paul Striffolino In Approximately 2011 About The NEC Alumni Complaints ...... 57
L. 2014 Complaints By NEC Student 1 ...... 58
VII. FINDINGS AND RECOMMENDATIONS ...... 58
A. Findings ...... 58
1. Inadequate Communications With Former NEC Student Athletes...... 59
2. Inadequate Investigations Of Complaints And Rumors About Vallante ...... 60
3. KSC’s Procedures And Structures For Handling Complaints Of Suspected Sexual Harassment ...... 61
4. 2011-2012 Reporting Obligations ...... 62
5. 2006 Reporting Obligations ...... 65
6. 2003-2005 Reporting Obligations ...... 66
7. Failure Of Administrators To Share Information ...... 67
8. Vallante’s Official Duties And Unofficial Functions ...... 68
9. NEC’s Refusal To Cooperate With KSC ...... 68
B. Recommendations ...... 68
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I. INTRODUCTION AND SCOPE OF THE INVESTIGATION
In late January and early February 2014, Keene State College (“KSC” or “the College”)
learned of complaints by former New England College (“NEC”) basketball players about former
KSC employee, Gino Vallante, and promptly commenced an investigation. On February 14,
2014, KSC removed Vallante from campus and placed him on administrative leave pending investigation. On March 7, 2014, KSC terminated him for sexual harassment of a KSC student, failure to observe and respect appropriate boundaries in relationships with KSC students, disrespect for student safety, and other related grounds.1 KSC engaged McLane, Graf, Raulerson,
& Middleton, Professional Association, as investigative counsel to conduct an investigation
regarding KSC’s handling and reporting of misconduct involving Vallante.
In the late 1990’s, and from 2004-2014, Vallante held various positions at KSC,
including Manager and Program Coordinator of the Night Owl Café at the Student Center,
Assistant Coach and Director of Basketball Operations of the men’s basketball team, online
video streamer and broadcaster of KSC sporting events, academic advisor to student athletes, and
administrative coordinator of high school basketball tournaments and summer camps.
During its 2014 investigation that resulted in Vallante’s termination, KSC received
information about written complaints and rumors regarding Vallante that had been raised on
several occasions with KSC administrators, faculty and coaches during Vallante’s employment at
KSC. The written complaints and rumors related to the circumstances of Vallante’s resignation
as Head Basketball Coach at NEC in 2002 based on Vallante’s sexual harassment of members of
the NEC men’s basketball team. Some complaints regarding Vallante’s behavior included
assertions that Vallante was unsafe and unfit to interact with KSC students, and other complaints
1 Exhibit A, Letter of Termination from Kim Harkness, Director of Human Resources, to Gino Vallante dated March 7, 2014.
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reported Vallante’s repeated past engagement in sexually explicit conversations with students.
KSC President, Dr. Anne Huot, commissioned an independent investigation of this information.
She asked the investigative counsel to evaluate KSC’s internal handling, reporting and response to allegations of sexual harassment and related misconduct by Vallante.
Investigative counsel began the investigation on March 21, 2014 with the objectives to:
(1) identify individuals associated with KSC who knew or should have been aware of Vallante’s inappropriate conduct toward NEC basketball players or KSC students; (2) examine how allegations of incidents involving Vallante became known and were handled by KSC administrators, staff, faculty, coaches and others; and (3) identify individual failures and
systemic weaknesses or gaps in administrative procedures and training that may have precluded, frustrated or delayed the timely reporting of, and adequate response to, concerns and rumors
about Vallante. The temporal scope of the investigation ranged from 2004-2014, and
investigative counsel also obtained some information dating back to the mid-1990’s when
Vallante was a student at KSC.
During the investigation, investigative counsel conducted 33 interviews of current and
former KSC administrators, faculty, coaches and staff; current and former KSC basketball
players, students and interns; current and former KSC professional and student staff at the Night
Owl Café and Student Center; former basketball players coached by Vallante at NEC; and
members of the KSC community, in person and by telephone.2 In addition, investigative counsel
reviewed witness interview summaries from KSC’s own investigation that resulted in Vallante’s
termination. Investigative counsel also reviewed and analyzed applicable KSC policies and
procedures, KSC’s investigation of Vallante, personnel files and thousands of pages of
2 Exhibit B, List of Witnesses Interviewed.
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documents, email communications, electronic data, public records and other records requested during our investigation.3
KSC provided investigative counsel with access to all requested documents and witnesses
on campus. Investigative counsel worked independently from KSC administrators and staff.
Most witnesses cooperated with the investigation. Some former administrators, faculty and
students declined to be interviewed, typically citing a desire not to get involved or concern about
public interest in Vallante’s termination. One former NEC basketball player, NEC Student 1,
agreed to be interviewed, but declined to answer many questions posed during his interview on
the advice of his legal counsel and did not respond to a request to answer those outstanding
questions. Investigative counsel attempted to interview current and former administrators and
coaches at NEC, but through its legal counsel, NEC categorically refused to cooperate with our
investigation and denied access to any current or former NEC administrators or employees.4
The interviewers began each interview with a uniform introduction and an explanation
that we were hired to conduct an investigation of incidents related to Vallante. Investigative
counsel also informed persons interviewed that our role as investigators was that of fact-finder. It
was stressed that KSC was sincerely interested in learning the truth about the allegations and that
the information gathered would be reported to KSC. The interviewers asked persons interviewed
to refrain from speaking about the interview with other potential witnesses to ensure the integrity
of the investigation process. Some citations in this report have been redacted to protect the
identity of persons requesting confidentiality with respect to their identity in this report.
This Report of Investigation summarizes and memorializes the investigation process,
findings and recommendations.
3 Exhibit C, List of Documents Reviewed. 4 Exhibit D, Letter from Michael Delaney, Esq. to Debra Weiss Ford, Esq., legal counsel to NEC, regarding failure to cooperate during investigation, with attached email from Attorney Ford.
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II. EXECUTIVE SUMMARY
Vallante engaged in a pattern of sexual harassment of college students that spanned
approximately two decades at KSC and NEC. He did so wearing many different hats: as a KSC
student in the mid-1990’s; as KSC’s Assistant Basketball Coach in the late 1990’s; as NEC’s
Head Basketball Coach between 2000-2002; and as KSC’s Assistant Basketball Coach, Director of Basketball Operations, appointed academic advisor to student athletes, and supervisor of
student interns for sports broadcasting between 2004-2014. Vallante targeted male Caucasian
college students with whom he developed personal friendships, and over whom he held positions
of authority: specifically, student athletes whom he coached and broadcasting student interns
whom he supervised. Vallante sexually harassed students primarily by asking them sexually
explicit questions during late night phone calls, texting, and instant messaging. He likely
engaged students in online chat sessions posing as a female and using a fake screen name, sent
sexually explicit nude photographs of females to the male students with whom he chatted, and solicited nude photographs from the male students in return. The students who participated in these online chats strongly suspected Vallante was posing as the unknown female with a fake screen name. Vallante also hugged and/or touched some students on the thigh and/or shoulder area while seated in his office in a manner that made them feel uncomfortable.
In addition to his sexual harassment of students, Vallante failed to maintain proper boundaries with many KSC students. Vallante maintained varying relationships with students, acting interchangeably in assigned official duties and assumed unofficial roles as a work boss, campus “problem fixer” or ombudsman, event planner, academic advisor, Greek fraternal association advisor, “life” coach, sports coach, aerobics instructor, broadcasting internship supervisor, summer camp coordinator, tournament organizer, roommate, landlord, and personal friend. He contacted some students excessively by phone, text, email and social media at all
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hours of the day. He solicited personal information and advanced topics of conversation with students typically associated with peer dialogue between fellow students or friends of the same age group. He used his office at the Student Center as a central location to coordinate his personal life, business pursuits, graduate studies, and professional and social contacts. Vallante blurred boundary lines between his personal and professional lives, and he crossed back and forth between peer and professional with students. He used this boundary crossing behavior, in
combination with his positions of authority over students, as the means to engage in
inappropriate discussions of a sexual nature for his own personal gratification.
Vallante engaged in this repeated misconduct while simultaneously developing and
maintaining a good reputation with most administrators, coaches and professional staff as a
reliable and capable full-time Café manager, part-time coach, student athlete academic advisor,
and independent contract vendor for sports broadcasting. He also maintained good relationships
and positive supervisory/counseling roles with many students, particularly those who worked for
him at the Student Center, and who appear not to have been exposed to his misconduct.
There were ample opportunities for KSC administrators, coaches and faculty to discover
this inappropriate behavior and stop it prior to KSC’s 2014 investigation of Vallante. Multiple
factors contributed to this breakdown in advancing KSC policy to prioritize student safety and
wellness on campus, including:
• individual failures of administrators, faculty and staff to recognize, properly document, report and investigate credible and serious complaints about sexual harassment and threats to student safety and wellness;
• a prior lack of basic understanding by key administrators regarding what conduct and dialogue constitutes sexual harassment;
• inadequate resources for training and a prior lack of attention to training of administrators, faculty, staff and students regarding campus policy on sexual harassment and reporting obligations;
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• inadequate policies related to reporting of off-campus sexual misconduct and past incidents of sexual misconduct by KSC employees who work with students;
• a decentralized reporting system for tracking and handling complaints of sexual harassment;
• a decentralized and under-resourced system for handling personnel investigations involving administrators, faculty, and staff;
• inadequate or missing reference checks and background checks during several hiring processes and independent contractor negotiations;
• institutional tolerance of, and lack of oversight to detect and prevent, improper boundaries maintained between a KSC staff member and students;
• ambiguous or undefined job descriptions for various official duties and unofficial roles assigned to, or assumed by, a KSC employee and coach;
• lack of student education and awareness on how to report concerns;
• a “silo effect” among administrative offices, athletics programs, and academic schools that contributed to a lack of communication and failure to share important information at key moments that would have made a difference; and
• NEC’s failure to advise KSC’s coaching staff and NEC’s refusal to advise KSC’s human resources director about Vallante’s prior sexual harassment of NEC student athletes.
At the time of Vallante’s termination, KSC had identified many of these shortcomings and has already taken steps to address them. KSC hired a new Vice President for Student Affairs with a background and expertise in Title IX compliance and coordination. KSC is hiring a new
Title IX Coordinator to work with its Chief Officer for Diversity and Multiculturalism, and oversee Title IX compliance, investigations and education. KSC is adding a new position of
Assistant Director of Human Resources to work with the Director of Human Resources, bolster efforts to manage employee relations and conduct investigations. Key administrators, the
Athletic Director and all head coaches have attended training on Title IX reporting
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responsibilities and the role and identity of Intake Officers at KSC. Interim disciplinary and
counseling measures have taken place. Applicable policies and procedures are under review for
improvement.
The findings and recommendations in this Report of Investigation provide an objective
accounting and documentation of how and why Vallante’s repeated sexual harassment of students was allowed to happen, offer recommendations to prevent its recurrence, and should assist the College in its continuing efforts to improve its governance structure and establish effective policies to deter sexual misconduct and advance the best interests of its students.
III. TIMELINE OF SIGNIFICANT EVENTS
1993 – 1997 Vallante is a student at KSC.
1996 – 2000 Vallante serves as Manager of the Night Owl Café in the Student Center at KSC.
1996 – 1999 Vallante serves as Assistant Coach for the KSC Men’s Basketball Team.
1997 Vallante graduates from KSC with a B.A. in Social Science and a Minor in Psychology.
1997 – 1999 & Vallante is Assistant Director of KSC summer basketball camp. 2001
1999 – 2000 Vallante is promoted to serve as Associate Head Coach of the KSC Men’s Basketball Team.
2000 – 2002 Vallante serves as Head Coach of the NEC Men’s Basketball Team for two seasons.
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Vallante resigns as Head Coach at NEC after basketball players report May 2002 to the NEC President and Athletic Director that Vallante had engaged in a pattern of sexual harassment towards student athletes on the basketball team.
KSC Head Softball Coach tells KSC Men’s Head Basketball Coach that he heard a rumor that something odd or weird happened at NEC 2003 – 2004 involving Vallante and inappropriate conduct with a player, and that an unidentified contact at NEC reported that Vallante should not be working with students.
KSC Men’s Head Basketball Coach interviews two former NEC men’s 2004 basketball players about Vallante and concludes that there is no merit to the rumor about Vallante.
KSC Athletic Director receives and gives to KSC Men’s Head January 2005 Basketball Coach a complaint from a former NEC student athlete referring to his experiences with Vallante at NEC.
June 30, 2005 Vallante is hired by KSC as Manager, Night Owl Café.
2005 Vallante resumes his former position as Assistant Coach/Director of Basketball Operations at KSC.
A KSC graduate student alerts KSC Professor and Coordinator of the School Counseling Graduate Program that Vallante left NEC because of allegations of sexual harassment towards students.
2006 Vallante explores KSC graduate school counseling program.
KSC Vice President of Student Affairs and KSC Human Resources Director contact NEC Athletic Director and NEC Human Resources Director to receive information about Vallante’s departure, but NEC declines to provide requested information.
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Former NEC men’s basketball player and current KSC men’s Summer 2010 basketball player discuss Vallante and his inappropriate sexual comments. KSC men’s basketball player confirms Vallante’s misconduct is ongoing at KSC.
Former basketball players from NEC email KSC Men’s Head Basketball Coach and complain that Vallante engaged in inappropriate sexually explicit conversations with them in 2002 and state that Vallante is still doing this, according to a current KSC basketball player. KSC Men’s Head Basketball Coach mentions the email to KSC May 2011 Athletic Director and KSC Assistant Vice President for Student Affairs.
KSC Men’s Basketball Coach contacts the current KSC basketball player, who acknowledges Vallante is weird, but denies any inappropriate conversations directed towards him.
Another current KSC basketball player reports to KSC Men’s Head Basketball Coach that Vallante has engaged in sexually explicit Fall 2012 discussions that make him uncomfortable.
KSC Men’s Head Basketball Coach verbally reprimands Vallante and tells him to stop his inappropriate behavior.
Late January KSC receives new reports that Vallante left NEC because of inappropriate behavior that may still be occurring and commences an 2014 investigation.
February 14, KSC places Vallante on administrative leave. Vallante is removed from 2014 campus.
March 7, 2014 KSC terminates Vallante.
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IV. TITLE IX AND KEENE STATE COLLEGE SEXUAL HARASSMENT AND DISCRIMINATION POLICY
A. Title IX Of The Educational Amendments Of 1972 (“Title IX”)
Sexual harassment is a form of sex discrimination prohibited by Title IX and is generally
referred to as hostile environment harassment.5 Sexual harassment is unwelcome conduct of a
sexual nature and can include unwelcome sexual advances, requests for sexual favors, and other
verbal, nonverbal, or physical conduct of a sexual nature, such as sexual assault or acts of sexual
violence. Sexual harassment generally does not extend to legitimate, nonsexual touching or other
nonsexual conduct. However, nonsexual conduct may take on sexual connotations and rise to the
level of sexual harassment depending on the frequency and nature of the physical conduct.
When an employee of a college is acting in the context of providing aid, benefits, and
services to students (generally when teaching, counseling, supervising, advising, and transporting
students) and engages in sexual harassment that denies or limits a student’s ability to participate
in or benefit from a college program on the basis of sex, the college is responsible for the
discriminatory conduct. The college is also responsible for remedying any effects of the
harassment on the victim, as well as for ending the harassment and preventing its recurrence.
Under Title IX, once a college has actual or constructive notice of possible sexual
harassment of students, it is responsible for determining what occurred and responding
appropriately.6 The appropriateness of the responsive action of the college is evaluated by
assessing whether it was prompt and effective. The college must conduct a prompt, thorough,
and impartial inquiry designed to reliably determine what occurred.
5 Quid pro quo harassment, a second type of harassment recognized under Title IX, occurs when a teacher conditions an educational decision or benefit based upon the student’s submission to unwelcome sexual conduct. Quid pro quo harassment is not at issue in this investigation. 6 This “employee on student” standard is distinguished from the “student on student standard” when a civil action is brought pursuant to Title IX for monetary damages if it can be shown that the college knew about the harassment and acted with deliberate indifference to such misconduct.
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To determine whether a hostile environment based on sex exists, it must be determined whether there was harassing conduct sufficiently severe or pervasive to deny or limit a student’s ability to participate in or benefit from the college’s program based on sex. In determining whether this denial or limitation has occurred, all relevant circumstances must be examined from an objective and subjective perspective including: the types of harassment (e.g., whether it was verbal or physical); the frequency, severity, and duration of the conduct (the more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the harassment is physical); the age, sex, and relationship of the individuals involved (e.g., teacher-student or student-student); number of individuals involved; the setting and context in which the harassment occurred; whether other incidents have occurred at the college; incidents of gender-based, but nonsexual harassment; and any other relevant factors. It is the totality of the circumstances in which the behavior occurs that is critical in determining whether a hostile environment exists.
B. KSC Policies And Procedures
The pertinent policy in place at the time of the 2005 complaint to John Ratliff, Athletic
Director, was the Keene State College Discrimination and Discriminatory Harassment Policy
2005-2013 (Exhibit E). A summary of the policy is provided below.
1. Discrimination And Discriminatory Harassment Policy (Including Sexual Harassment) 2005-2013
This policy requires any employee of KSC who observes discrimination or harassing behaviors or who receives information that such conduct may have occurred to discuss this information with an administrative contact.
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a) Intake Procedures
Designated intake officers7 interview the complainant, inform the complainant about
policies and procedures, and complete an intake form and give it to the appropriate
administrative officer. If the alleged harasser is known and is named in the intake interview, the
intake officer is required to encourage the complainant to submit a written statement describing
the alleged behavior, triggering the initiation of the formal complaint process. The appropriate
administrative officer8 must then review the intake form, determine the appropriate course of
action, and communicate appropriately with the complainant and intake officer. The
administrative officers are responsible for maintaining the intake forms.
Depending on the circumstances, the administrative officer follows either the formal complaint process or the informal complaint process.
b) The Formal Complaint Process
If the administrative officer determines that a written harassment complaint falls within
the scope of the policy, the administrative officer is required to appoint an independent reviewer.
A formal complaint process involves four phases: (1) the complainant submits a dated and signed
written complaint to the intake officer; (2) the College identifies facts by conducting a full and
fair review of the alleged complaint; (3) the administrative officer resolves the complaint, by
either formal administrative judgment, or by informal resolution of the formal complaint on
agreed terms satisfactory to all persons involved in the complaint; and (4) the complainant has
7 The intake officers are the Director of Human Resources, Associate Vice President for Academic Affairs, Associate Vice President for Finance, Associate Vice President for Student Affairs, Dean of Professional and Graduate Studies, Dean of Arts and Humanities, Dean of Science and Social Science, the Dispute Resolution Coordinator, and the Fitness Center Manager. 8 The appropriate administrative officer is Vice President for Student Affairs when the alleged harasser is a student or a staff member in Student Affairs, Vice President for Academic Affairs when the alleged harasser is a member of the faculty or teaching staff or a staff member in Academic Affairs, Vice President for Finance and Planning when the alleged harasser is a member of staff of the Finance and Planning division, and President when the alleged harasser is a member of the staff of the Executive Division.
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the right to appeal a judgment and/or imposed sanctions to the College President, and the
accused has the right to utilize appropriate grievance procedures.
During the review of a formal complaint, the College must make reasonable effort to
corroborate sources of information identified by the complainant and the accused, and written,
dated, confidential records will be maintained throughout. At the conclusion of the review, the
reviewer presents a written report which will include the allegations, the review process, the
evidence in the case, the persuasiveness of the evidence, the consistency of the testimony, and
the credibility of the witnesses and supporting documentation.
Informal resolution of a formal complaint might be pursued in those situations where the
accused is willing to apologize and cease the discriminatory behavior. If informal resolution is not possible or appropriate, the administrative officer must review the investigation report, determine the extent to which the complaint meets the criteria for harassment, and render judgment in one of two categories: unfounded or founded. If the complaint is judged unfounded, the administrative officer reports this finding in writing to the complainant, the accused and the supervisor of the accused. If the administrative officer determines that the behavior in question is inappropriate, even though it may not meet the criteria of discrimination or harassment, the administrative officer reports the findings to the supervisor, who imposes appropriate sanctions based on the nature and severity of the offense and the extent of the findings. If the complaint is judged founded, the administrative officer reports the findings to the supervisor and determines appropriate sanctions. Sanctions may include an oral or written reprimand, reassignment of duties, mandatory counseling, suspension with or without pay, or termination.
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c) The Informal Complaint Process
The policy provides that the complainant may choose to attempt to resolve his or her complaint informally. An informal complaint is often used in circumstances when a complainant does not wish to submit a signed complaint and just wants the behavior to stop, when an analysis reveals that the situation can be resolved through conversation or other informal and direct steps, or when the report of discrimination or harassment is received from a third party and the alleged victim is unwilling to participate in the complaint process. The College can turn an informal complaint into a formal complaint if the information indicates a possible pattern of conduct or if the conduct is judged to be serious.
d) Annual Report of Formal and Informal Complaints
The policy also requires that the Vice President for Student Affairs, the Vice President for Academic Affairs, the Vice President for Finance and Planning and the Director of Human
Resources submit a confidential annual report listing all informal and formal discrimination and harassment complaints received and outcomes to the President by June 30th of each academic year. The purpose of the report is to identify possible patterns of inappropriate behavior.
2. Discrimination And Discriminatory Harassment Policy, Approved June 25, 2013
The revised policy (Exhibit F) includes a definition of discrimination and harassment, and adds the Chief Officer for Diversity and Multiculturalism, Assistant Vice President for
Student Affairs, Assistant Vice President for Academic Affairs and Director of Recreational
Sports, to the list of intake officers. Although the format of the policy has been changed, it is substantively the same policies and procedures as the policy articulated above. The President has been removed as an administrative officer and now the Director of Human Resources will be notified when the alleged harasser is a member of the teaching staff.
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V. VALLANTE’S HISTORY OF SEXUALLY HARASSING STUDENTS
A. Vallante’s Association With KSC
1. Vallante’s Collegiate Experience As A KSC Student
Vallante was a student at KSC from 1993-1997. He graduated with a Bachelor of Arts degree in Social Science and a Minor in Psychology. Vallante had a reputation on campus as being very friendly, outgoing and quite knowledgeable about sports. In particular, he was interested in basketball, but he did not play basketball at KSC, he was the announcer for basketball games. As an undergraduate, he worked as a student manager at the Night Owl Café,
and he also worked as an admissions counselor trainee. He provided campus tours for
prospective students, recruited and trained student tour guides, and was a student representative
of KSC at college and university admissions fairs held for high school students. Vallante was
well regarded by professional staff at the Café and Admissions Office.
In the mid to late 1990’s, Vallante initiated sexually explicit conversations with some
KSC undergraduate students. KSC John Doe 2 attended KSC from Years. He did not play sports,
but he was friendly with members of the KSC basketball and baseball teams, and his group of
friends regularly socialized with Vallante. KSC John Doe 2 and two other friends shared an
apartment with Vallante during KSC John Doe 2’s Class Year.
Vallante attended parties with KSC John Doe 2 and his friends, and he would make phone calls to KSC John Doe 2 later at night after the parties had ended. Vallante asked questions of a sexual nature, such as “Who is bigger than the other?” and “How often do you masturbate?” KSC John Doe 2 and his friends discussed Vallante’s late night phone calls openly. Current KSC assistant basketball coach, Doug Jenkins, was a player at the time, and
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KSC John Doe 2 participated in some group discussions that included Jenkins.9 Somebody
would ask, “Who got the call last night?” Sometimes, two or three players received phone calls.
They discussed the content of Vallante’s phone calls, which all covered similar topics of a sexual nature. According to KSC John Doe 2, the KSC basketball team was a small team and Vallante’s inappropriate behavior was well known by the entire team. Older student athletes would advise newer student athletes to watch out for Vallante’s late night conversations.
Vallante was close to current KSC Men’s Head Basketball Coach, Robert Colbert
(assistant coach between 1995-1999) at the time, and KSC John Doe 2 was present when Colbert visited Vallante occasionally at their apartment to discuss basketball recruiting.
Many years later in 2011, after the Penn State scandal broke, KSC John Doe 2 and his wife, who also graduated from KSC and knew about Vallante’s phone calls, reflected on
Vallante’s improper conduct in the 1990’s. KSC John Doe 2 knew that Vallante still worked at
KSC, and he drafted an anonymous email to the Keene Sentinel describing in detail Vallante’s
conduct when KSC John Doe 2 was a KSC student.10
When Jenkins was a KSC basketball player, he acknowledges that members of the basketball team would discuss receiving late night phone calls from Vallante. Jenkins was a bit older than the other student athletes, and he would not stick around for the “shit show” to participate in discussions about the content of Vallante’s phone calls. During Jenkins’ freshman year as a KSC student, a friend shared a rumor that Vallante had propositioned a former basketball player to make a masturbation video as pornography. Jenkins’ friend warned him to
9 Jenkins played basketball at KSC from 1993-1997. 10 At one point, KSC John Doe 2 believed, perhaps mistakenly, he may have sent this anonymous email to KSC as well. Upon further reflection, KSC John Doe 2 cannot remember sending the email to KSC, he has doubts about whether he sent it to KSC, and he does not know to whom he would have sent it at KSC. He has searched his records for the anonymous email to locate any evidence of whether he may have sent it to KSC in 2011, but he did not locate any pertinent records. KSC has not located any record of receiving an anonymous email in 2011 consistent with KSC John Doe 2’s description of the anonymous email he sent to the Keene Sentinel.
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keep his distance from Vallante. Jenkins observed this warning when he was a KSC student athlete, and he perceived Vallante to be odd, “too hands on,” and “too touchy feely.”
KSC John Doe 2 does not know whether KSC coaches were aware of Vallante’s behavior in the 1990’s. He suspects, but has no personal knowledge, that Colbert knew given his close relationship to Vallante and the basketball team. Colbert denies he knew about Vallante’s sexually explicit phone calls during this time. Brian Pickering, the Principal of ConVal Regional
High School in Peterborough, was an assistant coach beginning in 1999, and he did not know about Vallante’s inappropriate phone calls or receive any complaints from students about
Vallante. KSC has no records of any formal or informal complaints made against Vallante as a student or recent graduate in the 1990’s.
2. Initial Involvement In KSC Basketball Program
Phil Rowe, KSC’s former Head Basketball Coach, hired Vallante to serve as an assistant basketball coach in approximately 1996. Vallante served in this position until 1999 when he became the Associate Head Basketball Coach at KSC for one year. Vallante left the KSC coaching staff in 2000 to accept the head men’s basketball coaching position at NEC.
Vallante’s early coaching responsibilities at KSC focused primarily on off-court duties typically associated with the position of Director of Basketball Operations. Vallante coordinated recruiting efforts for the team, and he regularly attended high school games to scout players, sometimes accompanied by other assistant coaches. He also assisted student athletes with academic advising by helping them with course selection and class scheduling. Vallante organized a summer basketball league for 14 area high schools and directed operations for a 44 team AAU basketball tournament. He also managed the KSC basketball facility for an annual high school Christmas tournament. Vallante also served as Assistant Camp Director in basketball summer camps at KSC from 1997-1999 and in 2001.
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When he accepted the position of NEC Head Men’s Basketball Coach in 2000, Vallante had performed well in his assistant coaching position at KSC, but he had no experience as a head coach, no experience providing on-court instruction, and had gained limited overall coaching experience at KSC.
B. Vallante’s Sexual Harassment As Head Coach At NEC
Vallante served as Head Men’s Basketball Coach at NEC for two seasons from 2000-
2002.11 During this time, he subjected many of his players to sexual harassment by making frequent, sexually explicit phone calls to them late at night. In 2005, a former NEC basketball player contacted KSC Athletic Director, John Ratliff, about Vallante’s behavior, and in 2011, several former NEC players contacted Associate Athletic Director and KSC Men’s Head
Basketball Coach, Robert Colbert. In order to properly evaluate these contacts between Ratliff,
Colbert and the former NEC players, and KSC’s handling, response to and reporting of these contacts, Vallante’s sexual harassment of NEC basketball student athletes between 2000-2002 is reviewed in detail.
1. Vallante’s Sexual Harassment Of NEC Student 1 At NEC
While Vallante coached at NEC, he continued to live in an apartment in Keene with a former assistant KSC basketball coach, Eric Simonelli. Simonelli grew up in the same hometown as a Year KSC Class Year named NEC Student 1. NEC Student 1 tried out for the KSC basketball team as a walk-on, and he met and re-acquainted himself with Simonelli at the first team meeting before tryouts. NEC Student 1 stopped attending informal tryouts sessions in the
Fall based on the tough competition he experienced during the informal tryout sessions. NEC
11 Given NEC’s refusal to cooperate with this investigation, investigative counsel relies primarily on information from former NEC basketball players regarding Vallante’s coaching experience at NEC and his misconduct towards players. Because Vallante has repeatedly denied wrongdoing to KSC administrators and staff in 2006, 2011 and 2014, investigative counsel did not request another interview of Vallante.
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Student 1 began visiting Simonelli’s apartment regularly, approximately 3-4 times each week, to socialize with Simonelli and watch sporting events. NEC Student 1 established a friendship with
Vallante during these visits. NEC Student 1’s initial impressions of Vallante were quite favorable. Vallante was an open, warm person, who was genuinely interested in getting to know
NEC Student 1 as a person. NEC Student 1 socialized with Vallante often at the apartment, in particular when Simonelli excused himself to make recruiting calls to prospective KSC recruits.
NEC Student 1 was favorably impressed with Vallante because Vallante was considerate and wanted to learn about NEC Student 1’s family life and background. Vallante did not make inappropriate comments to NEC Student 1 when they first became acquainted, and they never drank alcohol or had parties together at the apartment. Simonelli likewise was not exposed to inappropriate comments by Vallante when they shared an apartment.
In November or early December 2001, after Vallante learned that NEC Student 1 had stopped attending informal tryout sessions at KSC as a walk-on, Vallante made a proposal for
NEC Student 1 to transfer to NEC to play on the NEC basketball team. Vallante arranged a campus tour for NEC Student 1 at NEC and introduced him to the NEC basketball team. NEC
Student 1 was longing for a team environment, and Vallante influenced him to transfer to NEC for the second semester of the 2001-2002 academic year. NEC Student 1 joined the team as a red-shirt Class Year, who practiced with the team but did not play during games in order to preserve his eligibility status for another year.
During the Christmas vacation in 2001, before NEC Student 1 started playing basketball at NEC, NEC Student 1 made a trip to Florida. Vallante called NEC Student 1 while he was in
Florida, and during that call, Vallante commenced a troubling pattern of making lengthy phone calls to NEC Student 1 during which Vallante discussed sexually explicit topics. Vallante would
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start these phone calls in a normal fashion and transition to personal questions of a sexual nature.
For example, during the phone call that took place when NEC Student 1 was in Florida, Vallante
asked NEC Student 1 if he had any former girlfriends. He then asked NEC Student 1 whether he had sex with any girls, and for how long he could last during sexual intercourse. Vallante questioned NEC Student 1 about whether he masturbated, and Vallante offered to describe ways for NEC Student 1 to enhance his sexual experience during ejaculation. NEC Student 1 was very uncomfortable with these conversations, but as a new player, he did not know what to do, and he did not want to cause problems with his new basketball coach.
NEC Student 1 estimated that Vallante called him several times a week and engaged in discussions of a sexual nature. The type of questions Vallante asked during each call became repetitive. Because Vallante was overt and reckless in the manner he placed the phone calls,
NEC Student 1 quickly learned that many of his teammates were receiving the same inappropriate phone calls, as they would often be together when Vallante initiated the calls. The players were unsure how to deal with the situation, so they would attempt to cope by making jokes about Vallante’s phone calls. The players also discussed Vallante’s heavy breathing during the calls, and they speculated that Vallante was masturbating himself when he engaged in sexually explicit discussions with them. NEC Student 1 and his former teammates provide similar descriptions of these phone calls. They consistently identify Caucasian student athletes as the targets of Vallante’s calls, and Vallante did not make inappropriate calls to African American players or foreign players who presented some language barriers.
On one occasion, Vallante made a disturbing phone call to NEC Student 1 between 1:30-
2:00 a.m. after an away game against Castleton State College. Vallante was angry because the
NEC team lost the game badly. After the game, Vallante paced back and forth outside the
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showers in the men’s locker room watching the players in the showers. After the team returned
to NEC, Vallante called NEC Student 1 in the early morning hours. Vallante asked NEC Student
1 whether he had seen the players in the showers, and Vallante asked NEC Student 1 to rank the players’ penis sizes from smallest to biggest. NEC Student 1 felt uncomfortable, but Vallante exercised a lot of power as his Head Coach. He did not know how to handle the situation, and he did not want to cause waves that might result in him being kicked off the team, so he did not terminate the phone calls. NEC Student 1 sometimes responded to Vallante’s sexually explicit
questioning of him, and at other times, he attempted to avoid some of the questioning that made
him feel most uncomfortable.
On three or four occasions, Vallante invited NEC Student 1 to his office and sat NEC
Student 1 in a stationary, dormitory-styled arm chair. Vallante sat in a wheeled office desk chair,
and he would wheel his desk chair uncomfortably close to and directly facing NEC Student 1.
Vallante placed one hand on NEC Student 1’s thigh and the other hand on NEC Student 1’s
shoulder, and he would rub NEC Student 1 with both hands. NEC Student 1 opined this
technique was Vallante’s method of gauging his reaction to the physical contact, trying to break
12 him down.
Eventually, Vallante’s ongoing victimization of NEC Student 1 led NEC Student 1 to
break down crying during a class in the Spring of 2002. NEC Student 1 then coordinated efforts
with his teammates to report Vallante’s conduct to NEC Athletic Director, Lori Runksmeier.
12 During his interview with investigative counsel, NEC Student 1 declined to answer several questions about other inappropriate touching by Vallante, after consultation with and upon the advice of his attorney, NEC Student 1 Attorney, who represented NEC Student 1 during the interview. NEC Student 1 told the New Hampshire Attorney General’s Office in January 2014, in a recorded statement, that Vallante had not touched him inappropriately, but during our interview, NEC Student 1 declined to answer any questions about whether Vallante inappropriately touched him, except for discussing the visits to Vallante’s office. He declined to answer any questions about whether Vallante inappropriately touched his teammates. NEC Student 1 also declined to discuss his interaction with his teammates regarding written emails of complaint sent to KSC Head Coach Colbert in May 2011 by his teammates. He declined to answer questions about whether any assistant coaches at KSC had knowledge about Vallante’s misconduct toward him or his teammates or toward themselves.
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After NEC learned of Vallante’s pattern of sexual harassment, NEC never interviewed NEC
Student 1 about his experiences or offered him counseling.
2. Vallante’s Sexual Harassment Of NEC Student 2 At NEC
NEC Student 2 attended NEC from Years and played basketball for three seasons.
Vallante was his Head Coach during his Class Year.
Vallante acted like he wanted to be NEC Student 2’s buddy and father figure, and he
would offer NEC Student 2 “life advice” about girls and keeping up with his studies. Vallante
made similar sexually explicit comments to NEC Student 2 on the phone. Vallante began the
phone calls discussing basketball, but he transitioned the conversations to sexual topics. Vallante
typically called NEC Student 2 at night between 9:00 p.m. and midnight. Vallante would ask him
who has the biggest penis in the shower. He asked NEC Student 2 about his girlfriend and her preferences related to sexual positions. Vallante asked NEC Student 2 about his frequency of
masturbation and what type of pornography, videos or magazines NEC Student 2 used to
masturbate. NEC Student 2 told Vallante he was uncomfortable talking about these topics, but
Vallante would persist with his questions.
NEC Student 2 did not experience inappropriate touching by Vallante. Vallante might
have put his hand on NEC Student 2’s shoulder, but Vallante did not touch him in a manner he
found inappropriate. Approximately ten players on the NEC men’s basketball team experienced
13 similar conduct.
3. Vallante’s Sexual Harassment Of NEC Student 3 At NEC
NEC Student 3 transferred to NEC during the Years academic year, and Vallante was his
Head Coach during that year. Vallante did not recruit NEC Student 3. NEC Student 3 met
Vallante in the Spring of Year and committed to the team by June Year. Vallante began engaging
13 NEC Student 2 identified the following NEC players as having experienced similar conduct: NEC Students 1-10.
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in inappropriate conversations with NEC Student 3 during the Summer of Year. At first, the comments started as subtle jokes of a sexual nature, such as “What is your sneaker size?”
Vallante asked if he was seeing anyone and questioned him about his girlfriend. Vallante always called him late at night around 9:00 p.m. or 10:00 p.m., approximately two times each week. As the phone calls progressed during the Summer of Year, NEC Student 3 considered not attending
NEC because Vallante acted weird on the phone, but NEC Student 3 had pushed back on
Vallante during one call, and then the inappropriate comments stopped until the Fall of Year.
When NEC Student 3 arrived at NEC in the Fall of Year, he attended preseason workouts
with the basketball team. Vallante re-initiated inappropriate phone calls to him and escalated his
use of sexual remarks. During a study hall attended by other players, NEC Student 3 learned that
other players were experiencing similar conduct from Vallante. Vallante would begin most
phone calls to NEC Student 3 by talking about basketball. He would then inquire about how
NEC Student 3 was doing, and Vallante’s questions would slowly evolve towards questions of a
sexual nature. Vallante probed NEC Student 3 about his masturbation habits and his penis size,
but NEC Student 3 resisted responding with much detail. Just before Christmas break, NEC
Student 3 confronted Vallante and told him that his comments were not appropriate, and he
wanted Vallante’s conduct to stop. Vallante apologized to NEC Student 3 and responded that he was just trying to make sure he was okay. After Christmas break, Vallante barely talked to NEC
Student 3, and NEC Student 3’s playing time dwindled. Vallante began playing two midseason transfer students, even though NEC Student 3 was a much better player. NEC Student 3 felt he
was being punished for asking Vallante to stop making the sexually explicit phone calls.
At some point in the Spring of Year, one of NEC Student 3’s teammates was “freaking
out” about a question that Vallante had asked him. Vallante asked the teammate to get a ruler to
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measure his penis size. The team met and decided that enough was enough, and they made a group decision to schedule a meeting and confront Vallante about his behavior.
4. Student Athlete Reporting Of Vallante’s Sexual Harassment To NEC President And Athletic Director
Prior to scheduling the team meeting with Vallante, NEC Student 2 and another teammate, NEC Student 5, reported Vallante’s conduct to NEC Athletic Director, Lori
Runksmeier, without telling their teammates. They went to Runksmeier’s office and spent approximately one hour describing Vallante’s conduct. Runksmeier said she would look into it, she would handle it, and it would not happen again. Runskmeier never followed up with NEC
Student 2. From NEC Student 2’s perspective, NEC had just decided to let Vallante resign.
Several days later, the basketball team arranged the team meeting with Vallante to confront him about his inappropriate phone calls. Vallante received advance warning about the planned confrontation, and he began speaking to players individually to make apologies and ask for support. NEC Student 3 and NEC Student 1 believed that Position and Year, NEC Student 4, had tipped Vallante off in advance about the planned confrontation because NEC Student 4 had a good relationship with Vallante. NEC Student 4 denied that he did so and explained that he contacted Vallante as Position to confront him one-on-one about what was happening since this was the first time that he had been made aware of Vallante’s conduct.
At the team meeting, Vallante cried and apologized for his behavior. He told the team it would not happen again. Some of the players who did not experience the inappropriate phone calls supported Vallante at the meeting, but NEC Student 1, NEC Student 3 and other players spoke against Vallante and demanded that he leave NEC immediately to avoid them reporting his conduct to NEC. These players were unaware until after the meeting that NEC Student 2 and
NEC Student 5, in fact, had already reported Vallante to Runksmeier. Vallante agreed to leave
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NEC, but the next day, some players saw Vallante giving a campus tour to basketball recruits.
Vallante’s access to recruits upset the team members, so NEC Student 1 went to Runksmeier’s
office to confront her about why she would let Vallante run a tour of basketball recruits after
what had happened.
Approximately one week later, NEC Student 2 and NEC Student 5 were asked to meet
with NEC President, Ellen Hurwitz. President Hurwitz advised them that she was sorry about what had happened and that the College would keep their financial aid packages intact. NEC did not offer NEC Student 2 counseling. NEC Student 3 recalled meeting once with Lori
Runksmeier where she explained what happened and told NEC Student 3 to let her know if he
needed help. NEC Student 3 also recalled another meeting with Joe Petrick, NEC Dean of
Student Affairs, but he could not remember details of the meeting with Petrick.
5. NEC Student 3’s June 6, 2002 Email To Athletic Director Runksmeier And Dean Of Student Affairs Petrick
On June 6, 2002, after NEC Student 3 returned home for the summer break, he wrote a
letter to Runksmeier and Petrick in which he described Vallante’s conduct in detail and
expressed his doubts about returning to NEC. He stated:
Being a native of the State metro area, this past year was hard enough on the emotions as it is. The added pressure of being consistently and severly (sic) sexually harassed by a person i (sic) put my trust in eventually made it too hard to handle. No person should have to go through what Gino Vallante put each and every one of us through. I thought all it would take was for me to go home and I would get over the depression I sunk into as the year went along, but I was wrong.14
14 Exhibit G, June 6, 2002, email from NEC Student 3 to NEC Athletic Director Lori Runksmeier and NEC Dean of Student Affairs Joe Petrick. NEC Student 3 retained this email and provided it to investigative counsel upon request.
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In his email, NEC Student 3 outlined specific topics of a sexual nature that Vallante
discussed with NEC Student 3.15 NEC Student 3 also described how Vallante’s sexual
harassment had impacted him, including ongoing depression, missed classes, low grades,
difficulty sleeping, reclusion to his dormitory room and missed work over the Summer of Year.
NEC Student 3 indicated that he was still far from recovered from the situation, and he did not know if he would ever fully recover. Petrick sent NEC Student 3 a short reply email in which he offered to contact him, ensure his eligibility to play basketball at NEC, and provide assistance to keep him on pace for graduation.16 NEC Student 3 returned to NEC for one semester but left
thereafter because his experience with Vallante was too raw. NEC Student 3 noted a large
number of transfers, drop outs and departures from the NEC basketball team that should have
served as a “giant red flag” regarding Vallante’s conduct.
C. Vallante’s Return To KSC
When he left NEC, Vallante worked as a customer service representative for Fleet
Bank/Bank of America in Keene for three years. During this time, he lived in Keene, attended
KSC basketball games as a fan, and offered opinions to coaches at the games regarding coaching
strategies. Vallante returned to KSC in 2005 and was appointed to several positions.
1. Manager Of Night Owl Café At The Student Center
On June 30, 2005, KSC re-hired Vallante to serve a full-time position as Manager of the
Night Owl Café at the Student Center.17 The Student Center operates a facility on campus that provides student programming, symposiums, concerts, events, a radio station, a game room and
15 Exhibit G, (NEC Student 3 discussed Vallante’s questions to him regarding pornography, masturbation, sexual experiences, specific features of his private areas and his level of comfort using showers on road games) 16 Exhibit H, June 6, 2002, reply email to NEC Student 3 from Joe Petrick. 17 Exhibit I, June 22, 2005, Letter of Employment to Vallante from Human Resources Director Kim Harkness, describing the position as a “100% time Professional, Administrative, Technical (PAT) appointment requiring a minimum of 40 hours per week to accomplish his responsibilities.”
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alternative dining options for students. The Center also oversees over 120 student organizations
and co-curricular activities that are available for student leadership development,
campus/community involvement, and in-service training.
As Manager of the Café, Vallante’s responsibilities included hiring, training, scheduling,
and supervising approximately 30 students working in the Café and game room, operation of a mid-day lunch program, and coordination and supervision of programming activities and major events in the Café in the late afternoon and evenings.
A search committee selected Vallante for this position. The search committee consisted of Paul Striffolino, Director of the Student Center, Mark Gempler, Assistant Director of the
Student Center, and members of the Student Center professional and student staff. The
Committee interviewed three candidates, and it selected Vallante based on his prior work experience and demonstrated effectiveness as Manager of the Café between 1995-2000. It does not appear the search committee made a reference check with NEC prior to hiring Vallante.18 In
a private conversation, Vallante told Gempler he left NEC because Vallante did not want to
receive a bad reputation for coaching a losing team. Gempler does not recall when that
conversation took place.
Gempler supervised Vallante and completed Vallante’s written annual performance
reviews, subject to Striffolino’s approval.19 Vallante took his job seriously and received
favorable annual performance reviews. Student staff working for Vallante liked him.
Professional staff at the Student Center never reported complaints about Vallante engaging in
inappropriate behavior at work. Most work place complaints about Vallante related to his strong
18 No witnesses interviewed recall whether the search committee made a reference check or asked Vallante about his employment at NEC. No records of the search committee selection process were located. 19 Written annual evaluations for Vallante are not available for 2009-2010 and 2011-2013. Gempler believes the evaluations probably did not take place during those years.
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and at times overbearing personality, but these complaints were not of a nature or frequency as to
raise any serious concerns about his job performance. Overall, Vallante was considered a likeable, reliable, capable and dedicated employee and supervisor, and there is no evidence that
Vallante engaged in sexually explicit discussions while at work. In 2008, Vallante was given the new title “Programs Coordinator,” but his responsibilities remained largely the same.
Gempler and Vallante were also personal friends. Gempler lived across the street from
Vallante, and they socialized outside of work. Gempler did not observe Vallante making sexually inappropriate comments outside of the workplace, and Vallante rarely used bad language in front of him.
2. Vallante’s Role As Assistant Basketball Coach And Director Of Basketball Operations (2004-2011)
Robert Colbert is the Associate Athletic Director and Head Coach of the KSC basketball team. In 1995, Phil Rowe, KSC Head Basketball Coach, hired Colbert as an assistant coach and, in 1999, Ratliff appointed Colbert as Head Coach to replace Rowe. Colbert hired Kevin Justice as an assistant coach in 2002, and he was promoted to Associate Head Coach four years ago. The three assistant coaches are currently Alphonse Michaliski, Doug Jenkins and Steve Boudreau.20
In approximately 2004-2005, Vallante resumed his former position as an assistant coach
and Director of Basketball Operations.21 Colbert did not contact NEC for a reference check
before appointing Vallante to this position. Ratliff often used a contract entitled “Assistant Coach
20 Michaliski played basketball for KSC from 1999-2004 and has served as assistant coach since 2011. Jenkins played basketball at KSC from 1993-1997 and has served as an assistant coach since 2011. Boudreau played basketball at KSC from 2008-2012 and has served as an assistant coach since graduating. 21 Ratliff and Colbert did not consider Vallante to be an “assistant coach,” though he held that title because Vallante did not coach the team on the floor or assist with game planning, except for brief periods. They described Vallante as the Director of Basketball Operations who engaged in some recruiting, provided academic advising to student athletes, and ran basketball tournaments and summer camps. Ratliff used the term “assistant coach” on Vallante’s payroll paperwork because it was the closest description of job functions available in KSC’s payroll system. Yet, some assistant coaches considered Vallante to be a fellow assistant coach, whose assigned duties focused on recruiting, scouting, academic advising, broadcasting and administrative functions, but not on player coaching because Vallante did not have enough floor coaching experience.
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Contract” for assistant coaches, which contains a formal job description, but Ratliff could not
locate any Assistant Coach Contracts for Vallante. Written records related to Vallante’s seasonal
appointment as assistant coach are available from 2009-2011, but not beforehand.22
Colbert and Vallante had a close professional relationship, and they had worked together
since the late 1990’s. The assistant coaches who worked with Vallante for the longest time are
Associate Head Coach Justice (2002-2014) and former Assistant Coach Brian Pickering (1999-
2010).23 Both had productive relationships with Vallante.24
Vallante did not coach the team on the floor, except for one year during preseason practices in the morning when another assistant coach had work conflicts. Vallante developed a reputation as a good recruiter and salesperson for the team. He traveled with assistant coaches on recruiting and scouting trips, and in some years, he coordinated recruiting functions. Vallante broadcast all home basketball games and provided video streaming of games over the internet.
He did not attend practices frequently or enter the locker room during games except on occasion.
He did not travel with the basketball team on the bus to away games because he left from his job at the Café. Most overnight away games were not broadcast.
Prior to 2012, Colbert and his assistant coaches never observed Vallante acting inappropriately toward KSC student athletes, and they did not receive complaints about
Vallante’s behavior from KSC student athletes. Assistant Coach Michaliski heard some players joke about Vallante’s sexual orientation and question when Vallante would “come out of the
22 Appointment records document Ratliff and Colbert approving Vallante’s appointment as “Asst. Men’s Basketball Coach: coaching, scouting, recruiting” for a stipend for 15-20 Average # Hours Per Week for the periods: 2/6/09- 10/9/10 and 10/9/10- 4/30/11. Appointment records documenting Vallante’s position as an assistant coach for earlier years were not preserved or could not be located. 23 Pickering is the Principal of ConVal Regional High School in Peterborough and coached for 10 years from 1999- 2010. 24 Justice considered Vallante a good friend. Vallante baked sweet potato pie for Justice, and Justice would have invited Vallante to his wedding. Pickering described Vallante as funny, outgoing and confident. He did not have a personal relationship with him. Both assistant coaches were surprised to learn of Vallante’s termination for misconduct.
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closet.” Michaliski considered the jokes in poor taste as “boys being boys.” Associate Head
Coach Justice heard “giggles” among the players about Vallante’s suspected sexual orientation
as being a homosexual.
Vallante’s coaching position ended in 2011. According to Colbert, Vallante stopped
working with the team because he began graduate studies at Plymouth State University and could
not devote the same time commitment to the basketball program. According to some KSC
basketball players, Vallante’s departure was temporally connected to their teammate KSC John
Doe 1’s report to Colbert that Vallante had made inappropriate comments of a sexual nature to
him. There was no evaluation process for Vallante as an assistant coach because evaluations
were only done for full-time coaches.
3. Vallante’s Role As Academic Advisor To Student Athletes
Ratliff and Colbert also appointed Vallante as an academic advisor for the basketball
team.25 Ratliff and Colbert relied on Vallante for academic advising after the team’s former
academic advisor retired, and the basketball program had an immediate need for a replacement.
Vallante proved capable in assisting student athletes with their class schedules. Student athletes contacted Vallante when they had trouble with classes or other matters. Basketball players were required to turn academic sheets into Vallante at his office in the Student Center. Vallante was very capable in managing the academic forms. This role as an academic advisor for the team
continued even after Vallante discontinued his coaching affiliation with the team in 2011. A
formal job description for this role does not exist.
25 Appointment records document Ratliff and Colbert approving Vallante’s appointment as “Assistant Coach – Responsible for academic oversight of the men’s basketball team” for 15-20 Average # Hours Per Week with a stipend for the period 2/6/09-3/27/09. For other years, appointment records documenting Vallante’s position as an assistant coach for academic oversight were not preserved or could not be located. In his interview, Colbert wrongly described Vallante’s academic advising responsibilities as unofficial and uncompensated.
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4. Vallante As A Broadcaster Of KSC Athletic Games
In approximately 2004-2005, Vallante started video streaming games online for KSC and broadcast home games. At first, he broadcasted games for the Men’s Basketball Team, then the
Women’s Basketball Team, and eventually, he broadcasted games for the whole Athletics
26 Department.
Beginning in 2005, KSC negotiated annual contracts with Fast Break Broadcasting
(“FBB”) to broadcast KSC games on the internet. KSC negotiated contracts through FBB’s owner, Kyle Prevost. In 2011, FBB’s ownership transferred to Vallante, and Ratliff then negotiated the contract rate directly with Vallante at $125 a game for 100 events, or approximately $12,500 per year. Vallante ran FBB as an independent contract vendor with KSC through February 2014 when KSC terminated its relationship with FBB.27 Vallante also
supervised KSC internships in broadcasting and Keene High School internships in
broadcasting.28
5. Vallante’s Coordination Of High School Tournaments And Summer Camps
Vallante coordinated high school basketball tournaments at KSC. His duties included
oversight of game day operations, working with co-sponsors such as AAU, and contacting
coaches of participating teams and officials. He also served as an Assistant Director for summer
camps in the late 1990’s and early 2000’s.
26 Appointment records document Ratliff and Colbert approving stipends for Vallante’s appointment as “Coordinator of Live Stream Video” for 10-20 Average # Hours Per Week for the periods: 8/23/08-5/30/09 and 4/9/08-5/30/08. For other years, Athletic Department records documenting Vallante’s appointment as “Coordinator for Live Stream Video” were not preserved or could not be located. 27 An analysis of KSC rules and policies governing Vallante’s simultaneous status as a full-time PAT staff employee, part-time assistant coach on stipend, and sole owner of a broadcasting business with an annual independent contract with KSC is beyond the scope of this report. 28 FBB offered the high school internships and KSC student internships for broadcasting. However, high school and college students participating in FBB internships often worked from inside Vallante’s KSC office at the Student Center.
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D. Examples of Vallante’s Sexual Harassment After Returning To KSC
Vallante engaged in similar misconduct upon his return to KSC. Several examples
demonstrate a continuation of his pattern of inappropriate conduct.
1. Sexually Explicit Phone Calls To NEC Student 4
NEC Student 4 was a Class Year and Position at NEC during the 2001-2002 basketball season when his NEC teammates reported Vallante’s sexual harassment to NEC Athletic
Director Runksmeier. Vallante did not make inappropriate calls to NEC Student 4 when he played basketball at NEC. When NEC Student 4’s teammates reported Vallante to Runksmeier, they told NEC Student 4 about the phone calls they had been receiving. NEC Student 4 immediately confronted Vallante about the phone calls. Despite what had happened, Vallante and NEC Student 4 remained friendly after they left NEC, and Vallante helped NEC Student 4 secure his summer job working as a counselor at KSC basketball camps. Around the time NEC
Student 4 was working at KSC summer camps, Vallante began contacting him by phone and asking him sexually explicit questions about masturbation and his sexual relationships. As
Vallante’s friend, NEC Student 4 felt badly for Vallante on some level, but he eventually concluded that Vallante was misusing their friendship to advance inappropriate discussions that made him feel uncomfortable. NEC Student 4 told Vallante to stop calling him, and NEC
Student 4 has not spoken to Vallante for about a decade. NEC Student 4 did not report Vallante’s sexually explicit calls to KSC.
2. Sexual Comments To KSC Basketball Player KSC John Doe 1
KSC John Doe 1 transferred from the University of State after his Class Year and played
basketball at KSC from Years. Vallante called KSC John Doe 1 by phone 3-4 times a week and
constantly sent him Facebook messages and texts. Vallante discussed topics of a sexual nature
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with KSC John Doe 1, including how often he masturbated, how KSC John Doe 1 could increase the size of his penis, and ways to improve his sex life.
KSC John Doe 1 was uncomfortable with these conversations, and he eventually asked
Vallante to stop making sexually inappropriate comments to him. Vallante’s misbehavior toward
KSC John Doe 1 subsided for some time, but then returned, prompting KSC John Doe 1 to raise
29 concerns with Assistant Coach Matt Adams and Colbert.
Vallante also made KSC John Doe 1 feel uncomfortable inside Vallante’s office because
Vallante shut the door whenever KSC John Doe 1 entered Vallante’s office, and Vallante always hugged KSC John Doe 1 when he left his office. KSC John Doe 1 liked Vallante as a person, but he felt Vallante was lonely and had a strange flaw. KSC John Doe 1 did not report Vallante’s hugging to Adams or Colbert.
3. Likely Posing As A Female Online To Solicit Nude Photos From KSC Basketball Players
In approximately 2010, Vallante provided a KSC male student with information to engage in an online chat session with a female, who Vallante said would provide nude photographs of herself. The student was suspicious of Vallante’s motives and suspected that
Vallante might pose as the female online. Members of the KSC basketball team and other students gathered with the student to enter the chat session per Vallante’s instructions. The female with whom the student chatted used a screen name and sent nude photos. The female solicited photographs of the student’s penis in return. The student did not send nude photographs of himself to the female. The student suspected he was chatting with Vallante, and those in attendance called Vallante’s cell phone number on several occasions during the call, but Vallante did not answer. Immediately after the chat session ended, they called Vallante again, and he did
29 KSC John Doe 1’s specific reports to Adams and Colbert are analyzed in Section VI of this report.
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answer his phone, increasing their confidence that Vallante was posing as the female online soliciting nude photographs of them.
Multiple KSC basketball players confirmed that the entire Years basketball team knew about this incident because it was widely discussed among the team members, including current
Assistant Basketball Coach Steven Boudreau, who was a player at the time. One former player indicated he was “100 percent sure” Boudreau participated in team discussions about the suspected chat sessions with Vallante, as well as other discussions about Vallante’s inappropriate phone calls. Boudreau acknowledges that, when he began playing basketball at KSC in 2008, the older players made jokes such as “Be careful around Gino,” “Don’t get too close to Gino,” and
“He might ask you how big your penis is.” Boudreau denied knowledge of misconduct by
Vallante other than hearing the rumor related to Vallante’s questions about penis size. Boudreau never reported the rumor or jokes to Colbert or anyone else at KSC.
4. Sexual Comments To A Recent Graduate Who Broadcast KSC Basketball Games
KSC John Doe 3 attended KSC from Years and was hired after graduation by the KSC
Athletics Department as Job Title. He moved into a duplex with Vallante from June Year to
August Year and worked alongside Vallante broadcasting games for FBB. During a return trip from a basketball game in Year, Vallante asked KSC John Doe 3 about his girlfriends and whether he masturbated. KSC John Doe 3 replied that he did not like the questions and did not want to discuss such topics with his boss. KSC John Doe 3 said everyone knew and joked about
Vallante and his comments, and some of his friends expressed concerns that Vallante was gay and was coming on to them. All of the basketball players gave KSC John Doe 3 the impression that they knew Vallante did weird stuff and made sexual comments. KSC John Doe 3 had many friends on the soccer team, and they told him that Vallante made the same types of sexual
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comments about masturbation and penis size to them. From KSC John Doe 3’s perspective, it was more of a running joke with most student athletes, and they did not feel seriously threatened by Vallante. KSC John Doe 1, Steven Boudreau and KSC John Doe 4 were KSC John Doe 3’s best friends, and they joked about Vallante’s behavior. KSC John Doe 3 did not report this information to KSC.
5. Inappropriate Conversations With A KSC Student Intern
A Subject Matter major was a broadcasting student intern for Vallante through FBB in recent years. The student intern heard that Vallante could be “a little clingy.” During the summer before the internship, Vallante called him 4-5 times a day, which was very disruptive to his summer job. Vallante told him he was a good looking guy and was very popular because of his looks.
Before the internship began, Vallante asked him to go out to get to know each other.
They went out for beer and wings, and at the initial meeting, Vallante asked the student intern about his drug use, how many girls he had been with, and Vallante asked the intern to visit
Mohegan Sun casino with him, which made the intern feel uneasy and uncomfortable. That was the last time the intern went out with Vallante. Vallante asked the intern to go out to socialize routinely, and he was upset when the student intern declined. Vallante texted him constantly to ask how his day was going, and when the intern did not respond, Vallante would admonish him
“you need to work on your response time.” The student intern told his friends that things were getting weird with Vallante, but the student intern was very interested in the broadcasting internship and did not want to lose the opportunity. Vallante expressed displeasure when the student intern would not visit Vallante at the Student Center during the day. The student intern saved texts of Vallante’s inappropriate comments of a sexual nature, but did not feel comfortable disclosing them.
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The student intern did not report Vallante’s comments because he really wanted to keep
his broadcasting job and did not know who to go to. He also heard rumors about Vallante posing as a girl online and asking basketball players to send pictures. Other student interns in broadcasting were not experiencing the same behavior from Vallante. The student intern disclosed his negative interactions with Vallante to his academic advisor in February Year shortly before Vallante was removed from campus. The student intern told his academic advisor that Vallante sat uncomfortably close to the student intern when seated in his office, and that
Vallante placed his hands on the student intern’s thighs when seated in Vallante’s office chair.
E. Vallante’s Encounters With A Keene Resident
Investigative counsel received information about off-campus encounters between a male resident of Keene and Vallante beginning in 1998 and ending in 2013. The male did not attend
KSC. The encounters began when the male was 17 years-old attending Keene High School as a junior. Most of the encounters took place at Vallante’s apartment in Keene and occasionally at other off-campus locations. KSC received an anonymous report about this matter in February
2014 and immediately notified and referred this matter to the Cheshire County Attorney’s Office for review. Investigative counsel obtained additional information in November Year and again contacted the Cheshire County Attorney’s Office.
VI. KSC’S FAILURES TO REPORT OR PROPERLY INVESTIGATE KNOWN OR SUSPECTED CONCERNS ABOUT VALLANTE
On many occasions between 2004-2012, KSC administrators, coaches, and faculty received information concerning Vallante’s misconduct at NEC or KSC. The information was not properly documented, reported or investigated.
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A. Beach And Colbert Received Warnings About Vallante From A NEC Source In 2003-2004
In approximately 2003-2004, Charlie Beach, the Head Coach of the Women’s Softball
Team, spoke to Colbert and hinted that something “odd or weird” had happened at NEC involving Vallante. Beach provided no specific information to Colbert regarding what had occurred, but Beach believed Vallante left NEC because of this weird occurrence. Colbert only has a vague recollection of the discussion. The theme of Beach’s comments was that Vallante had acted inappropriately with a player. Colbert does not recall asking Beach to identify his source of information at NEC.
Colbert was instantly taken aback by Beach’s comments, and he contacted two former
NEC players who played for Vallante at NEC – NEC Student 6 and NEC Student 4. Colbert knew NEC Student 4 because NEC Student 4 worked at KSC summer basketball camps. NEC
Student 6 had played basketball at KSC. Colbert said that both NEC Student 6 and NEC Student
4 vehemently denied that Vallante did anything inappropriate at NEC. They attributed any concerns to a small group of disgruntled NEC players. Colbert did not ask NEC Student 6 or
NEC Student 4 for the identities of the disgruntled NEC players. Instead, based on his discussions with NEC Student 6 and NEC Student 4, Colbert concluded these unknown former
NEC players were trying to get Vallante fired or in trouble, and he took no further action.
Colbert did not speak to Vallante, he did not contact NEC,30 nor did he report the conversation to
Ratliff or anyone else at KSC.
NEC Student 4 has no memory of Colbert contacting him to discuss Vallante’s behavior at NEC, and he doubts the discussion occurred. NEC Student 4 actually received sexually
30 At one point, when Colbert served as Interim Athletic Director at KSC for one year, he spoke to NEC Athletic Director, Lori Runsksmeir about Vallante. Runsksmeier said to Colbert “Rob, you know what happened with Vallante.” Colbert responded that he did not. Runksmeier would not provide additional information.
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explicit phone calls from Vallante which led NEC Student 4 to terminate his friendship with
31 Vallante.
NEC Student 6 did not respond to phone calls and written requests for an interview. His former teammates at NEC consistently describe NEC Student 6 as a very close personal friend and former roommate of Vallante. In the Spring of Year, NEC Student 6 became visibly upset when his teammates scheduled the team meeting to confront Vallante about his phone calls, and
NEC Student 6 refused to participate in the team meeting. NEC Student 6’s teammates would see
NEC Student 6 and Vallante together at shopping malls and other public locations. NEC Student
6 also shared an apartment with Vallante after NEC Student 6 left NEC. Some NEC teammates suspected NEC Student 6 and Vallante had an intimate relationship. Colbert knew NEC Student
6 had lived with Vallante, but he never suspected an intimate relationship as Colbert knew NEC
Student 6’s girlfriend at the time.
Beach has no memory of speaking to Colbert between 2003-2005 about information concerning Vallante that he received from a NEC source. He acknowledged the possibility that a discussion may have occurred, but it was likely beyond his periphery at the time, given his intense focus on the softball team’s success in NCAA tournaments during those years. Beach has no recollection of hearing any rumors about Vallante, and Beach was surprised to learn about
Vallante’s termination. Beach thought Vallante was doing a good job at the Student Center and as a broadcaster.
During her investigation of Vallante, Kim Harkness, Director of Human Resources, interviewed Beach. There are material discrepancies about what was said during Beach’s interview. According to Harkness, she questioned Beach about his discussion with Colbert
31 See discussion of NEC Student 4’s harassment by Vallante, infra, Section V (D)(1).
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concerning Vallante. Beach said he received the information from “someone with privileged knowledge from NEC.” The privileged source only shared ambiguous information and told
Beach that “Gino should not be working with [college kids].”32 According to Beach, he told
Harkness about a comment that Vallante should not be working with college kids, but Beach denied the comment came from a source at NEC. Instead, an acquaintance made the comment in
2014 after newspaper articles critical of Vallante’s conduct were published. Beach does not remember who he was speaking to, but it was not a KSC person. It was just a casual conversation someplace related to what they had both read in newspaper articles about Vallante. The person indicated that Vallante should not be working with college students. Beach has no idea why he felt it was important to tell Harkness about this discussion, and she must have misunderstood him.
B. NEC Student 3’s Email To Athletic Director John Ratliff In 2005
In 2005, a former NEC player, NEC Student 333 saw a posting or announcement on
KSC’s website listing Vallante as the broadcaster for the KSC Men’s Basketball Team. He immediately sent an email to KSC Athletic Director, John Ratliff, NEC Athletic Director, Lori
Runksmeier, and Interim NEC President, John Stevens. NEC Student 3 stated:
As a former student and athlete at New England College, I am disgusted and outraged that Gino Vallante is again allowed to be involved in college athletics, now as a broadcaster for Keene State Men’s Basketball. Perhaps I need to remind people of the mental anguish he put current and former members of the NEC men’s basketball team through. For many of us, our “experience” with Gino was one of the worst times of our lifes (sic), and I would be more than happy to go into detail for those who are not already aware of why this is so. I was afraid at the time that not enough was being done to make sure he was never allowed to be near young college athletes again, and apparently my fears have been validated. How long until he gets another coaching job and is allowed to do what he did again? I can assure you that I am not alone
32 Harkness Summary of Charles Beach Interview, 2/27/14. 33 See discussion of NEC Student 3’s interactions with Vallante, infra, at Section V (B)(3) and (5).
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in these feelings, as there are many former players under “Coach” 34 Vallante who are equally disgusted and angered by this.
NEC Interim President Stevens sent a brief reply thanking NEC Student 3, suggesting he contact
KSC, and offering NEC Student 3 assistance to get NEC Student 3’s views to the right person.
Stevens did not copy Ratliff on his reply.35 Ratliff and Runksmeier did not reply to NEC Student
3’s email.
Ratliff did not know NEC Student 3, and Ratliff shared the email with Colbert. Colbert told Ratliff that he had spoken to two NEC players, NEC Student 6 and NEC Student 4, during the prior summer. Colbert had concluded already that the complaint was from disgruntled players: “there was nothing there.” Colbert told Ratliff he spoke to NEC Student 6 and NEC
Student 4 following a discussion with Beach. Colbert would routinely talk to Ratliff about everything, and so Ratliff believes Colbert must have discussed Beach’s information with Ratliff.
Because Ratliff thought they had already come to a conclusion, he did not respond to NEC
Student 3’s email, did not interview NEC Student 3, did not call Runksmeier, did not speak with
Vallante, and did not share NEC Student 3’s email with anyone at KSC other than Colbert. In hindsight, Ratliff acknowledges making a mistake by not making a report about NEC Student 3’s email. At the time, he did not report it because the complaint did not come from KSC students.
C. Graduate Student Complaint To Professor Len Fleischer In 2006 About Vallante’s Misconduct At NEC
In 2006, Vallante enrolled in a gateway graduate course in anticipation of applying for a
Master’s Degree in Education at KSC in the field of school counseling. KSC Jane Doe was a
NEC alumnus attending graduate courses at KSC in education. KSC Jane Doe knew NEC
Student 2, a former NEC basketball player, who had received inappropriate phone calls from
34 Exhibit J, January 23, 2005 email from NEC Student 3 to John Ratliff, KSC Athletic Director. 35 Exhibit K, January 24, 2005 email response from President Stevens to NEC Student 3.
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Vallante in 2001-2002. As an undergraduate at NEC, KSC Jane Doe had been present in NEC
Student 2’s dorm room when Vallante called NEC Student 2 and engaged in sexually explicit conversations. KSC Jane Doe personally overheard some of the inappropriate conversations between Vallante and NEC Student 2 because NEC Student 2 allowed KSC Jane Doe to listen to the phone calls.
In the Summer of 2006, KSC Jane Doe recognized Vallante in one of her graduate courses at KSC. She complained to Len Fleischer, a professor of Education and Psychology in the School of Professional & Graduate Studies, who is a licensed clinical psychologist. KSC Jane
Doe described to Fleischer the sexually explicit content of Vallante’s phone calls that she personally overheard. In a follow-up conversation, Fleischer told her that Vallante had denied the allegations. KSC Jane Doe assumed Fleischer had contacted NEC Athletic Director Runksmeier because KSC Jane Doe had a later conversation with Runksmeier in which Runksmeier alluded that she would have “appreciated a heads up” about Vallante. Fleischer did not recall speaking to
KSC Jane Doe in 2006.
D. Report In 2006 To Professor Susan Theberge That Vallante Left NEC Because He Was Accused Of Harassment
In the Fall of 2006, the Coordinator of the School Counseling Program, Susan
Theberge,36 asked Fleischer to join her to interview an applicant for the graduate school counseling program. The timing of the request was later than most other applicant interviews, which typically take place in the late spring or summer. Theberge mentioned the applicant was interested in just taking one course before fully vesting in the program. Theberge had received a phone call from an unnamed KSC student who knew the applicant and raised a concern about the
36 Theberge has retired from her teaching position at KSC, and she declined to be interviewed.
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applicant’s departure from NEC. It has not been determined whether this student was KSC Jane
37 Doe or somebody else.
Fleischer and Theberge met with applicant, Vallante. It was an introductory interview, and Fleischer did not believe Vallante had yet formally applied for admission to the program.
After discussing the school counseling program and Vallante’s background and experience,
Theberge asked Vallante about his departure from NEC. Vallante said he left NEC in good standing and everything was fine. Theberge did not press the questioning about NEC. Instead, she just asked one neutral question and did not ask follow-up questions. Theberge never referenced that she had received a phone call from a student raising a concern.
“Alarm bells went up” for Fleischer during Vallante’s interview. Vallante appeared too casual and comfortable in his own skin. He was too relaxed and self-assured, and he talked to them as if they were his colleagues. Vallante “breezed off” the question about NEC, and
Fleischer did not feel like Vallante was addressing the expressed concern. Fleischer and
Theberge felt they needed more information from NEC.
E. KSC’s Informal Inquiry In 2006 Regarding Vallante’s Departure From NEC
1. Harkness Interviewed Vallante In 2006 Regarding His Departure From NEC
Theberge contacted Director of Human Resources, Kim Harkness, about Vallante.
Theberge told Harkness about a rumor that Vallante left NEC because he had been accused of harassment. The rumor did not allege specific conduct, and it did not address the pervasiveness of alleged conduct. Harkness, most likely accompanied by Theberge, interviewed Vallante to gather more information to determine if Vallante was an appropriate candidate for the school counseling program. Harkness needed more information before she would ruin Vallante’s career
37 KSC Jane Doe recalls speaking to Fleischer, not Theberge, according to her KSC investigation interview. She did not respond to requests to be interviewed as part of this investigation.
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prospects. Vallante denied that he was fired at NEC because of harassment and told Harkness, “I resigned.” Harkness told Vallante that she would like to understand the nature of what had occurred at NEC, and she requested oral permission to contact NEC.38
Theberge communicated by email with Vallante between September 14-20, 2006
concerning KSC’s request for Vallante’s authorization to contact NEC.39 It is unclear whether this email communication occurred before or after Harkness and Theberge met with Vallante.
Vallante described being “forced to deal with an unsubstantiated rumor about me being fired for a sexual harassment charge.” Vallante provided limited authorization for Theberge to speak to
NEC just to confirm that he resigned. Vallante advised he had spoken to a lawyer about his legal rights and “once it is confirmed I have NOT been fired I would like to just leave it at that.”40
Theberge forwarded Vallante’s emails to Harkness, Fleischer and Vice President of
Student Affairs, Corrine Kowpak.41 Fleischer replied that a simple confirmation from NEC that
Vallante had not been fired would be insufficient, and Vallante should not be allowed into KSC’s
school counseling program without additional comment from NEC about the expressed
concerns.42 Kowpak agreed with Fleischer that receiving general information from NEC would be unsatisfactory. She had contacted University System General Counsel, Ron Rodgers about the situation, and Rodgers suggested having separate discussions about Vallante’s student status and employment status. Rodgers has no recollection of discussions with Kowpak referenced in
38 Harkness did not ask Vallante to sign a written authorization allowing NEC to speak with her, and NEC never asked Harkness for a written authorization. 39 Exhibit L, emails between Gino Vallante and Susan Theberge, 9/14/06-9/20/06. 40 Exhibit L. 41 Kowpak declined to be interviewed citing a lack of recollection of the subject matter. 42 Exhibit M, September 20, 2006, email from Len Fleischer to Susan Theberge, Corinne Kowpak and Kim Harkness.
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Kowpak’s email. Kowpak recommended a group meeting to discuss the situation.43 Fleischer,
Harkness, and Rodgers have no recollection of any follow-up meetings.
2. Harkness Contacted NEC’s Athletic Director And Human Resources Director In 2006, But NEC Would Not Provide Information To Her
Harkness contacted NEC Athletic Director Runksmeier and NEC Human Resources
Director Leslie Bateman. Neither would speak to her about Vallante. Harkness emailed both of
them and vigorously asked for reconsideration. She emailed Runksmeier as follows:
Clearly the employee himself has provided us with permission to speak regarding his employment. We are concerned regarding allegations of inappropriate behavior which may have occurred while he was at New England College and we at KSC have a fiduciary responsibility to make every effort to obtain as much information as possible to determine his suitability for his current position. Mr. Vallante has indicated that he did not have a signed agreement with New England College regarding his departure… And he has provided permission for us to speak. Therefore it would appear that you are unwilling to talk, not unable to. You must certainly appreciate our need to be diligent as he works very closely with traditional-age students. However, I do not want to damage his career based on hearsay either. I am interested only in what may have occurred and will be able to place it in context, and will keep all information confidential – providing it only to those who have a legitimate need-to- know. Please reconsider speaking with me and let me know if you are willing to talk.44
Harkness emailed Bateman as follows:
We are obviously very concerned as we have received ‘information’ that Mr. Vallante may have acted inappropriately with students in his role while at NEC. I can understand the need to minimize potential exposure for NEC - though the employment being five years ago and the result would appear that NEC was successful at protecting its students. But it is very frustrating to me that New England College would choose not to disclose information regarding an employee who worked closely with students and may have put NEC students at risk - knowing that he
43 Exhibit N, September 20, 2006, email from Corinne Kowpak to Susan Theberge, Len Fleischer and Kim Harkness. 44 Exhibit O, November 7, 2006, email from Kim Harkness to NEC Athletic Director Lori Runksmeier.
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continues to work with young people. Without clear information we are unable to judge whether our own students are at risk.45
On November 7, 2006, Harkness forwarded her email communications with NEC to
Rodgers. She asked Rodgers for his advice on ways to encourage NEC to disclose information regarding Vallante. She expects Rodgers probably gave her advice at the time, but neither
Rodgers nor Harkness recall any follow-up discussions.
Harkness did not take any action regarding Vallante or investigate further because she was unable to obtain information from NEC about the alleged conduct. She also felt that the conduct at issue did not occur on campus at KSC and thus fell outside KSC policies. Nobody identified KSC Jane Doe to Harkness as a source of possible information, which would have connected her to NEC Student 2. She did not contact Ratliff, Colbert or Vallante’s supervisors at the Student Center. Neither Beach nor Colbert had informed Harkness about their discussion in
2003-2004, concerning a NEC source that said Vallante should not be around college students.
Ratliff had not told Harkness about NEC Student 3’s email in 2005 discussing his mental anguish, offering to go into detail about what Vallante had done at NEC, and stating that
Vallante should not be allowed in college athletics.
Vallante finished his gateway course, and he chose not to enroll to obtain a Master’s
Degree in school counseling at KSC. Harkness never followed up with Vallante because her
inquiry was an informal process, and there was not a formal feedback loop with Vallante.
Harkness does not believe she made reports to her boss, KSC President, Helen Giles-Gee.
Fleischer does not recall any follow-up with him after his email communications with Harkness,
Theberge and Kowpak. Theberge was the Coordinator of the School of Counseling Program, and
45 Exhibit P, November 7, 2006, email from Kim Harkness to NEC Human Resources Director Leslie Bateman.
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she had administrative responsibility to handle the matter. Fleischer later heard that Vallante was
not applying for the program.
F. NEC Student 2 And Steven Boudreau’s Discussion In 2010
In the Summer of 2010, former NEC player NEC Student 2 and current KSC assistant
basketball coach Steven Boudreau worked as referees at a summer basketball camp in
Massachusetts. Boudreau was a KSC basketball player at the time entering his junior year. NEC
Student 2 saw Boudreau receive a text message from Vallante. Boudreau told NEC Student 2
that Vallante was a KSC recruiter, academic advisor, and manager of the Café. NEC Student 2
did not know that Vallante worked at KSC.
Boudreau and NEC Student 2 have different recollections about the information they
exchanged. According to Boudreau, NEC Student 2 described Vallante as weird, but NEC
Student 2 might not have been “super specific” about why NEC Student 2 felt Vallante was weird. Boudreau agreed Vallante was somewhat weird and shared a rumor that Vallante asked
questions about penis size. According to NEC Student 2, he provided a quick overview of the
types of sexual comments Vallante had made to the NEC team in 2001-2002. Boudreau agreed
Vallante was a weird guy, and although Vallante had never spoken to Boudreau inappropriately,
Boudreau knew current KSC players that were experiencing the same conduct NEC Student 2
had described. Boudreau did not identify the KSC players experiencing the same conduct. After
learning from Boudreau that Vallante worked at KSC, NEC Student 2 called several of his
former NEC teammates to advise them Vallante was working with students again.
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G. NEC Student 2’s Email To Colbert In May 2011
On May 7, 2011, four former NEC basketball players46 were socializing together at NEC
Student 7’s home. They reflected on their past experiences with Vallante and discussed their concern that Vallante was working with KSC students. They drafted an email advising Colbert of their experiences with Vallante. They did not know Colbert, but Colbert had coached the KSC
Men’s Basketball Team when KSC played NEC in the early 2000’s. NEC Student 2 sent the email they drafted together, and some members of the group did not want to be identified in the email for professional reasons. The complaint47 stated in part:
We were members of the New England College men’s basketball team of 2001-2002 when Gino was head coach. During the duration of our year we experienced many unpleasant conversations with our head coach Gino. Gino would often call or talk with us in one on one situations where he would bring up topics such as men’s private areas, our sexual relationships with girlfriends, and other uncomfortable situations. . .Recently, I came in contact with one of your current players and we began talking about the KSC program. Your current player automatically agreed with everything I said about the horrific conversations my teammates and I had with him and what he is currently still doing with your players. We hope you will take this email very seriously and most of us will be available to discuss further. We are comprised of a Maine Police Officer, College Administrator, and two NH teachers.48
NEC Student 2 spoke to Colbert by phone within a few days of sending the first email.
They discussed NEC Student 2’s personal experience with Vallante and NEC Student 2’s conversation with Boudreau about Vallante engaging in similar misconduct toward current KSC basketball players. NEC Student 2 told Colbert in no uncertain terms that Vallante should not be coaching at KSC or be allowed to work around students. The call lasted for about five minutes, and NEC Student 2 did most of the talking. Colbert did not ask NEC Student 2 any follow-up
46 The players were NEC Student 2, NEC Student 7, NEC Student 8 and NEC Student 9. 47 Colbert took issue with the characterization of NEC Student 2’s May 7th email as a complaint and indicated he would not use the word “complaint” to describe NEC Student 2’s email. 48 Exhibit Q, May 7, 2011 email from NEC Student 2 to Robert Colbert.
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questions in response to what NEC Student 2 had explained. Colbert said he would look into it.
After the call, NEC Student 2 updated his friends about his discussion with Colbert, and NEC
Student 2 told them Colbert seemed to be blowing him off.
Colbert called Boudreau promptly in response to NEC Student 2’s email. Colbert asked
Boudreau whether NEC Student 2’s allegations were valid and “whether the things in the email happened.” Boudreau acknowledged that Vallante acted like everyone’s best friend, but
Boudreau denied he had been subjected to any conversations that mirrored the accusations in the email. Colbert considers Boudreau to be as honest as the day is long, and Colbert concluded that
NEC Student 2’s account of his discussion with Boudreau was unfounded. Colbert did not contact the other NEC alumni copied on NEC Student 2’s email.
Boudreau confirmed receiving Colbert’s inquiry about Vallante by phone call when
Boudreau was standing in a ticket line at a baseball game. Boudreau was taken aback because his head coach was calling him in a serious tone. Colbert asked Boudreau if he experienced any inappropriate dealings with Vallante concerning solicitations or touching. Boudreau responded that he had not, but he told Colbert that Vallante could be weird. Boudreau did not tell Colbert the rumor about Vallante asking about penis size, or the jokes by older players to “watch out for
Gino.” Colbert did not disclose to Boudreau his reason for inquiring about Vallante. Because
Boudreau did not understand why Colbert had called him, Boudreau immediately called a teammate to find out if Colbert had called other players. Other players had not been called.
Later in the Summer of 2011, Boudreau saw NEC Student 2 at a basketball game, and
NEC Student 2 apologized for “the whole thing with Gino [Vallante].” Boudreau then connected
Colbert’s recent inquiry about Vallante to Boudreau’s 2010 discussion with NEC Student 2 at the summer basketball camp.
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NEC Student 2 sent a follow-up email to Colbert on May 19, 2011 asking for an update and advising him that more NEC alumni had come forward. Colbert responded as follows:
I feel very odd speaking about this on any further basis. I will tell you that Steve did not support your allegations with any accusations of his own or factual information. I am in the process of looking into this further, but it is tough without the students here and with very limited information. I have no reason at this time to think that anything has happened unless someone comes forward but will deal with this when the students return I guess. I would listen to anyone who has been affected by this alleged behavior at Keene.49
NEC Student 2 and his friends were upset with Colbert’s response, particularly concerning
Colbert’s statement about feeling odd speaking about the matter further. They felt it was
Colbert’s job to address the problem and there was no reason for Colbert to feel odd about
speaking to them. They had group discussions expressing frustration about the similarities in
how KSC and NEC were failing to properly handle Vallante’s misconduct. NEC Student 2 had
no other phone communication or email contact with Colbert.
H. NEC Student 3’s Email To Colbert In May 2011 To Substantiate NEC Student 2’s Complaint
NEC Student 2 forwarded Colbert’s reply email to NEC Student 3 and other former NEC
teammates who did not participate in drafting NEC Student 2’s initial email to Colbert. When
NEC Student 3 read Colbert’s reply to NEC Student 2, NEC Student 3 immediately emailed
Colbert on May 19, 2011 to substantiate NEC Student 2’s complaint. NEC Student 3 was the
assistant varsity basketball coach at Private High School (“PHS”). PHS has a well-known and
successful basketball program, and KSC had recruited players from PHS in the past. NEC
Student 3 hoped Colbert would recognize his affiliation with PHS’s basketball program in his
49 Exhibit R, May 9, 2011 email from Robert Colbert to NEC Student 2.
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email signature and treat his complaint more seriously than Colbert’s comments responsive to
NEC Student 2’s initial email. NEC Student 3’s email to Colbert stated in part:
NEC Student 2 has been keeping us in the loop on the discussions you have had re: Gino Vallante. I am writing you to confirm everything he said in his original email concerning the events that took place in 2002- 2002 (sic) at New England College. Furthermore, I can provide proof. After our meetings with the NEC administration re: Gino’s actions I had a series of e-mail exchanges with members of NEC’s administration. I still have those e-mails. These emails provide explicit details of what we were put through, along with acknowledgement that these things took place by the NEC administration. . .[B]ased on his past behavior, I would strongly encourage you to take this warning very seriously and do a thorough investigation. . .Very few teenage males are going to readily open up and discuss potential sexual harassment by a male authority figure. It’s a humiliating thing to go through. But please. . .do not take this subject lightly.
The biggest nightmare I have about everything the team and myself went through is that, because we allowed NEC to more or less sweep this under the rug, the behavior would repeat it’s self (sic) somewhere else down the line, and that someone else would be a victim of the same abuse that we were. That is why I saved those emails, why I was very concerned when I heard that Gino was employed by a college again. . .and why these recent allegations have brought me to the point where I feel I must take some sort of action to ensure that it never happens again. I hope you take this issue very seriously.50
NEC Student 3 did not identify himself in 2011 as the prior author of a 2005 email complaint to Ratliff. Colbert sent NEC Student 3 a short reply indicating that he took the matter seriously and would look into it. NEC Student 3 and Colbert did not speak by phone. Colbert did not request NEC Student 3’s contemporaneous documentation of Vallante’s sexual harassment that NEC Student 3 offered as proof. Colbert did not discuss NEC Student 2’s and NEC Student
50 Exhibit S, May 19, 2011 email from NEC Student 3 to Robert Colbert.
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3’s complaints with his assistant coaches, but he asked some assistant coaches if they heard
51 concerns about Vallante.
After Colbert received the emails, Colbert had a discussion with Vallante. Colbert told
Vallante that weird stuff was coming out and asked him what was going on. Colbert asked
Vallante if he ever had any inappropriate conversations with student athletes. Vallante
vehemently denied making any inappropriate comments. Vallante told Colbert the only conversations he had with student athletes about sexual matters was about how to use condoms properly. Colbert did not document or make any report about his discussions with Vallante, and he conducted no further investigation with KSC players or NEC alumni.
I. Discussions Between Ratliff And Colbert In 2011 About The NEC Alumni Complaints
Neither Colbert nor Ratliff recalled discussing the NEC alumni complaints in 2011.
Ratliff said it was likely Colbert would have talked to him about NEC Student 2’s 2011 email, but he had no memory of it. Colbert said he could not recall speaking to Ratliff in 2011.
Colbert and Ratliff provided inconsistent information to Harkness about their discussions in 2011. In February 2014, Harkness interviewed Ratliff and Colbert jointly52 during her
investigation of Vallante. She made an initial finding that Ratliff and Colbert acknowledged they
generally discussed the nature of NEC Student 2 and NEC Student 3’s complaints in 2011, but
Ratliff did not read the actual emails.53 In a follow-up interview with Harkness, she re-confirmed
51 Associate Head Coach Justice remembers Colbert calling him into his office and asking him, “Have you heard anything about Gino Vallante?” Justice said, “no,” and Colbert replied, “never mind.” Justice was not sure if other assistant coaches were present. Doug Jenkins did not recall Colbert asking him about Vallante in 2011. 52 This joint witness interview of Colbert and Ratliff was Harkness’ only joint interview of material witnesses during her investigation. She later conducted separate follow-up interviews with them. 53 Harkness’ witness interview summary of Colbert’s interview reads: “Rob indicated he had received an email from a NEC player and that he talked to John Ratliff and to Paul Striffolino (Gino's supervisor). Rob recalled that he spoke with Steve B as he was explicitly mentioned as the source and Steve B did not validate claim that inappropriate behaviors were still happening at KSC. Rob said that Steve indicated then (2011) that Gino said some personal things but nothing that made him uncomfortable.” See also Harkness’ draft Memorandum to Vice
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the accuracy of her initial report that Ratliff and Colbert both acknowledged having discussed the
general nature of NEC Student 2’s complaint in 2011, but they both had some uncertainty and
difficulty recalling what had transpired.
J. KSC John Doe 1’s Report To Assistant Coach Matt Adams And Colbert In The Summer of 2012
During the next season, while attending a basketball tournament in Florida, a KSC basketball player, KSC John Doe 1 stopped by Adams’ room and asked him in passing if
Vallante was gay. Adams asked KSC John Doe 1 why he inquired, and KSC John Doe 1 responded that Vallante had said some “weird stuff” to him, but KSC John Doe 1 did not provide details. Adams encouraged KSC John Doe 1 to come to him if anything happened again, so he could report it. In June of 2012, while Adams was working in North Carolina at a summer camp,
KSC John Doe 1 contacted him and said that he had been receiving text messages from Vallante that were not appropriate. Adams could not recall any details KSC John Doe 1 had discussed.
KSC John Doe 1 believes he only made general comments to Adams about Vallante saying
“strange things.” Adams reported the matter to Colbert, and Colbert said he would speak with
KSC John Doe 1. Adams did not report KSC John Doe 1’s concerns to anyone else at KSC.
Colbert wanted to speak with KSC John Doe 1 in person. KSC John Doe 1 had left the
campus for summer vacation, so Colbert waited until KSC John Doe 1 returned to school in the
Fall to speak to him.54 Upon KSC John Doe 1’s return, Colbert asked KSC John Doe 1 about his
interactions with Vallante. KSC John Doe 1 confirmed that he had been subjected to “weird
conversations” with Vallante. Colbert recalled KSC John Doe 1 told him about one comment
President of Student Affairs Dr. Andrew Robinson dated 3/19/14 Regarding Initial Findings: Vallante Issue (“May 2011: Rob informed Athletic Director John Ratliff and Gino’s supervisor, Paul Striffolino of the general nature of the complaint. Rob confirmed his understanding with them that no complaints had been received about Gino or about behaviors at Keene State College”). 54 KSC John Doe 1 cannot be sure whether he came forward in the Summer of 2011 or 2012.
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Vallante had made about KSC John Doe 1 having the biggest penis on the team. Colbert did not recall any other comments that KSC John Doe 1 discussed with him.
KSC John Doe 1 remembered meeting with Colbert in Colbert’s office. Colbert asked
KSC John Doe 1 if Vallante was doing anything that was hurting him or affecting him. KSC
John Doe 1 told Colbert that Vallante was making strange comments that made him feel
uncomfortable. KSC John Doe 1 did not share many details with Colbert beyond saying that
Vallante made strange comments. KSC John Doe 1 also told Colbert that he liked Vallante, and
thought Vallante was funny, but he also thought Vallante had a strange flaw. KSC John Doe 1
said Vallante had not touched or propositioned him. Colbert told KSC John Doe 1 to go back and
let him know if something was really bothering him.55
Colbert did not report or document his discussion with KSC John Doe 1. At the time,
Colbert did not judge the conversations between KSC John Doe 1 and Vallante as sexual harassment. Colbert perceived the comment about penis size as stupid, awkward, and weird, but he did not consider it to be a form of sexual harassment. Following Colbert’s discussion with
KSC John Doe 1, Colbert spoke to Vallante and told him to “cut the shit.” Colbert admonished
Vallante for his comment to KSC John Doe 1 about penis size and for sending texts to student athletes. Colbert felt that Vallante understood what he was saying, and Vallante’s face was red during the conversation. After Colbert met with Vallante, Colbert did not receive any further complaints. Later, Colbert followed up with KSC John Doe 1, and KSC John Doe 1 said that everything was fine.
55 Some of KSC John Doe 1’s teammates report that KSC John Doe 1 wrote a letter about his experiences with Vallante but decided not to send it. KSC John Doe 1 did not disclose this information during his interview.
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K. Colbert’s Discussion With Paul Striffolino In Approximately 2011 About The NEC Alumni Complaints
Approximately three years ago, Colbert mentioned receiving an anonymous
communication about Vallante to Striffolino, Director of the Student Center and Assistant Vice
President of Student Affairs. The anonymous communication related to Vallante as a basketball
coach 10 years prior at NEC. Colbert mentioned it in passing in the parking lot on the way to the
gym. According to Striffolino, Colbert did not tell him what the anonymous communication was
about, and Striffolino did not ask him about it. Striffolino felt that it was far removed, involved
basketball, and took place over ten years ago. Striffolino does not remember how he ended the
conversation with Colbert. Striffolino believes Colbert spoke to him because Vallante worked at
the Student Center. Striffolino did not speak with anyone else about it, and he did not follow up
with Colbert.56
Colbert told investigative counsel that his contact with Striffolino took place in 2005 as opposed to 2011, after Ratliff had received the first email from NEC Student 3. Ratliff and
Colbert discussed advising Paul Striffolino, Vallante’s direct supervisor, about what was going on. They told Striffolino where they were at and what contacts they had with former players.
Colbert remembers feeling that it was another college’s issue: “It did not involve our kids.”
Colbert and Ratliff had a 20 to 30 minute meeting with Striffolino, and they decided there was nothing to act upon but rumors. Colbert confirmed that he only spoke to Striffolino about
Vallante in 2005, and had no further conversations with Striffolino after 2005. Ratliff does not report speaking to Striffolino in 2005.
56 Harkness also reported that Colbert spoke to Striffolino in 2011 after receiving the complaints from NEC Student 2 and NEC Student 3.
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L. 2014 Complaints By NEC Student 1
In late January and early February, 2014, KSC learned about information provided by a
former NEC student, NEC Student 1, regarding Vallante. NEC Student 1 contacted the Keene
Sentinel, the KSC President’s office and the New Hampshire Attorney General’s office about
Vallante’s misconduct. In late January, 2014, the Sentinel notified Ratliff and Colbert that NEC
Student 1 had provided information about Vallante to the newspaper. Ratliff and Colbert notified
Vice President of Student Affairs, Andrew Robinson, and Robinson contacted Dr. Huot. In early
February 2014, NEC Student 1 also contacted the President’s office and counsel for the
University System of New Hampshire directly. The New Hampshire Attorney General’s office
also provided its recorded interview of NEC Student 1 to KSC. KSC promptly started its own
investigation, and on February 14, 2014, Vallante was removed from campus. On March 7, 2014,
KSC terminated Vallante’s employment.
VII. FINDINGS AND RECOMMENDATIONS
A. Findings
Many factors account for KSC’s poor response to the complaints and rumors about
Vallante’s sexual misconduct. Poor decisions by administrators and coaches are apparent. KSC
also lacked robust structural supports, procedures, resources, and training to help its employees
properly encourage disclosure of information about Vallante’s harassing behaviors, and properly
respond to complaints and rumors regarding Vallante’s ongoing sexual harassment. These
circumstances resulted in a series of missed opportunities where KSC simply failed to either
recognize or fully appreciate the serious risks presented to KSC students by Vallante, and
neglected to share critical information available in various places across campus. Vallante was
allowed ongoing and unfettered access to KSC students despite the obvious risks until the 2014
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investigation, and KSC unreasonably delayed in properly responding to concerns raised between
2004-2012.
1. Inadequate Communications With Former NEC Student Athletes
The Athletics Department’s consideration of, and responses to, the former NEC student
athletes who came forward after experiencing repeated sexual harassment by Vallante in 2001-
2002 is most regrettable. These former NEC basketball players reached out to KSC leaders to
convey their legitimate concerns for the well-being of current KSC student athletes by email and
over the phone. They flagged a clear threat to KSC’s students based on Vallante’s known
propensity to engage in repeated and unwelcome sexually explicit conversations at NEC. They
offered to speak up and share documentation. Yet, they perceived their outreach efforts as
unwelcomed by KSC, based primarily on Ratliff and Colbert’s failure to make substantive
inquiry regarding their collective experiences with Vallante, and the failure to respond to the
former NEC student athletes’ concerns in a meaningful way.
The tone of some of KSC’s written responses to their complaints exacerbated this
problem and justifiably angered them. The former NEC student athletes had contacted KSC to
prevent harm to KSC students before it occurred. KSC’s email exchanges led these former
student athletes to mistakenly believe that KSC was not interested in considering their
information until they identified KSC students whom Vallante had already harmed. Given their
past experiences with Vallante, KSC’s position was difficult for them to comprehend. KSC’s
interaction with NEC student athletes did not meet the KSC community’s high standards for
encouraging and facilitating the disclosure of any concerns and information that may impact
student safety and wellness. The lack of reporting and absence of a trained Title IX coordinator
to help facilitate these communications contributed to this problem.
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2. Inadequate Investigations Of Complaints And Rumors About Vallante
KSC failed to properly investigate and respond to a series of legitimate complaints and
concerning rumors about Vallante from 2004-2012.
In 2003-2004, Beach likely received information that Vallante should not be around
college students, and Colbert received a hint from Beach that Vallante left NEC based on
inappropriate conduct toward a player. Colbert did not reach out to NEC or even contact Ratliff
in the first instance, despite the fact that Vallante was resuming his affiliations with the KSC basketball team. Instead, Colbert deemed Beach’s intimation as unfounded based primarily or exclusively on the account of a former NEC player who was known by Colbert to be a roommate of Vallante.
In 2005, Ratliff did not contact the NEC complainant, NEC Student 3, in response to his email, and Ratliff did not reach out to his colleagues at NEC to inquire about the validity of NEC
Student 3’s complaint that Vallante should not be re-engaging in college athletics because he
caused mental anguish to the NEC basketball team. Ratliff took no independent steps to
investigate this complaint. KSC undertook no review of Vallante’s representations made during
two recent hiring processes, and the 2005 complaint was deemed unfounded based exclusively
on Colbert’s earlier contact with one or two former NEC players in response to the hint Colbert
had received from Beach.
In 2006, Harkness contacted NEC in response to what she understood to be a rumor that
NEC had terminated Vallante for sexual harassment. In fact, KSC faculty had not heard a rumor,
but rather, a KSC graduate student had reported firsthand information about Vallante’s
misconduct at NEC. When Harkness contacted NEC, she highlighted KSC’s fiduciary obligation to ensure Vallante was not a threat to its students. Vallante had resisted efforts to authorize
Harkness to speak freely to NEC about his departure, and NEC refused to disclose information
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about the reasons he left. When Vallante withdrew his stated intent to apply for the school
counseling program, Harkness made no further inquiry in 2006 about his suspected termination for sexual harassment. KSC’s articulated concern about his potential ongoing risk as a coach, advisor and program coordinator for undergraduate students was left unresolved, and no information was shared with Vallante’s employment supervisors. The KSC graduate student who reported Vallante’s past misconduct could have easily connected Harkness to members of the
NEC basketball team repeatedly victimized by Vallante.
In 2011, NEC Student 2 reported that Boudreau had disclosed a similar pattern of sexual misconduct by Vallante at KSC and NEC. NEC Student 3 offered to share written documentation substantiating Vallante’s sexual harassment of the NEC team, but Colbert did not ask for it. He approached Boudreau and gave undue weight to the fact that one of his basketball players,
Boudreau, did not implicate Vallante, who held a position of authority over Boudreau as his assistant coach. In 2012, when a current KSC player eventually confirmed that Vallante had made sexually inappropriate statements about his penis size, Colbert gave Vallante an undocumented verbal reprimand and no discipline, despite the known history of complaints and rumors from 2003-2004, 2005 and 2011. Nor did any further investigation take place to identify whether other basketball players may have experienced similar misconduct.
Proper investigation of these complaints and concerns could have exposed Vallante’s inappropriate behavior at KSC much earlier.
3. KSC’s Procedures And Structures For Handling Complaints Of Suspected Sexual Harassment
Institutional weaknesses and gaps in KSC’s procedures and structures for handling complaints of suspected sexual harassment contributed to these outcomes. KSC offered infrequent training to administrators, faculty and coaches regarding campus policy on sexual
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harassment, intake procedures, reporting obligations and investigation protocols. KSC did not
routinely comply with its policy requiring annual reporting of all formal and informal complaints
of discrimination and harassing behaviors to the President’s Office. This policy was designed to
establish a central repository for all complaints to help evaluate trends and identify concerning
patterns. KSC maintained a decentralized intake system and investigatory process for initiating, tracking and resolving complaints of sexual harassment across campus. The human resources department and Title IX coordinator were not uniformly informed and involved in reviewing complaints of sexual harassment. Insufficient resources were available to handle personnel
investigations by trained Title IX investigators. Proper reference checks were not obtained from
Vallante’s most recent and relevant employment at NEC before Vallante was hired at the Student
Center and Athletics Department.
As a result of these gaps and system weaknesses, individual employees receiving
complaints about Vallante did not have well established institutional supports and clear
guidelines to follow, and they were not properly trained and prepared for how to handle these
types of complaints.
4. 2011-2012 Reporting Obligations
KSC’s sexual harassment policy is designed to protect students from harassing behaviors
and to require the prompt reporting of possible infractions identified by KSC employees. In
several instances, KSC administrators and coaches violated KSC’s policy requiring reports of
information concerning discrimination and harassing behaviors.
Under KSC’s sexual harassment policy, any employee who receives information that
discrimination or harassing behaviors may have occurred must report the information to an
appropriate administrative contact. Colbert violated this reporting obligation when he failed to
report: (1) Colbert’s receipt of the NEC emails in May 2011; (2) Adams’ outreach disclosing
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KSC John Doe 1’s concerns in the Summer of 2012; and (3) KSC John Doe 1’s direct report of
Vallante’s misconduct during their meeting in the Fall of 2012. NEC Student 2’s May 2011 email informed Colbert of past sexually explicit conversations, and NEC Student 2 alleged ongoing misconduct of a similar nature at KSC as reported by a current KSC student. NEC
Student 3’s email alleged past sexual harassment in 2002 at NEC. Although NEC Student 3 did not have personal knowledge about on-campus conduct at KSC, his complaint bolstered NEC
Student 2’s concurrent disclosure alleging harassing behavior toward current KSC students, and it should have been reported as well. Adams communicated KSC John Doe 1’s concerns to
Colbert, which suggested that KSC John Doe 1 may have been experiencing harassing behavior, particularly considering the totality of information available to Colbert at the time. Finally, KSC
John Doe 1’s disclosure to Colbert that Vallante made unwelcome sexual comments about KSC
John Doe 1’s penis size presented a clear reporting obligation. In 2011, Colbert lacked a basic understanding of what conduct constitutes potential sexual harassment or harassing behaviors.
He did not understand KSC’s intake process, and he did not understand his reporting obligations.
Ratliff likely failed to comply with KSC’s reporting requirements as well. Despite Ratliff and Colbert’s present inability to recall whether they discussed the NEC emails in May 2011, it is more probable than not that they did. Several factors support this conclusion. Colbert told
Harkness he spoke to Ratliff about the NEC email in 2011, and Harkness made an initial finding during her investigation that Colbert discussed the general nature of the complaint with Ratliff in
2011. Investigative counsel credits Harkness’ initial finding. Ratliff stated he likely discussed the
NEC email with Colbert upon receipt, but he just cannot remember doing so. Investigative counsel accepts Ratliff’s testimony and takes into account his expressed difficulty in recalling events that transpired several years ago. Ratliff stated Colbert would routinely talk to Ratliff
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about everything. In 2005, Ratliff and Colbert admit they discussed and collaborated concerning
NEC Student 3’s 2005 complaint in detail. Neither Ratliff nor Colbert provided any explanation that might justify an entirely different course of action in 2011. Since it is likely Ratliff learned about the general nature of the NEC complaints in 2011, and KSC policy required disclosure of the complaints, Ratliff also failed to comply with the reporting requirement.
Adams, who no longer works at KSC, had an independent obligation under KSC policy to report KSC John Doe 1’s information to an administrative contact. His decision to disclose the information to Colbert, although prudent, did not satisfy KSC’s reporting requirement because
Colbert is not a proper administrative contact for the required disclosure.
Striffolino reports that Colbert spoke to him in 2011 in a parking lot about an anonymous communication involving Vallante, without disclosing specific information about the anonymous communication, except that it related to Vallante as a basketball coach at NEC ten years earlier.
Striffolino did not ask Colbert for additional information to gain a better understanding of the subject matter of the anonymous communication. Striffolino stated that Colbert provided no specifics to him, and he did not ask follow up-questions. Investigative counsel does not find
Striffolino’s testimony credible in this regard. Colbert provides inconsistent statements about his contact with Striffolino regarding Vallante. Colbert told Harkness he spoke to Striffolino in 2011 about an NEC email (consistent with Striffolino’s recollection), but Colbert told investigative counsel that he spoke to Striffolino in 2005 to review Colbert’s conclusion that NEC Student 3’s
2005 complaint was unfounded. Colbert denied to investigative counsel that he had any contact with Striffolino after 2005. These inconsistent accounts cannot be reconciled. Neither Striffolino nor Colbert documented their discussion about Vallante, though they both exercised supervisory
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authority over him. No findings can be made regarding Striffolino’s reporting obligations based on these inconsistent facts.
Boudreau heard a rumor about Vallante’s harassing behavior as a KSC basketball player.
NEC Student 2 states that Boudreau disclosed in 2010 that Vallante engaged in similar misconduct toward other KSC students. In 2011, when Colbert approached Boudreau to inquire about Vallante’s conduct, Boudreau did not disclose the rumor he knew. He noted that Vallante could be weird and confirmed he had not been subjected to Vallante’s inappropriate behavior.
Irrespective of his level of knowledge, Boudreau did not have a mandatory reporting obligation at the time because he was a KSC student athlete. Boudreau is now an assistant coach. It is advisable to ensure his understanding of reporting obligations as a KSC employee, as well as best practices for the entire KSC community related to promoting bystander intervention on campus.
5. 2006 Reporting Obligations
KSC Jane Doe spoke to Professor Fleischer in 2006 about Vallante’s misconduct at NEC.
Fleischer does not recall speaking to her. KSC Jane Doe recognized Vallante in his capacity as a graduate student in a class at KSC. KSC Jane Doe did not complain about Vallante’s conduct in class as a graduate student. Investigative counsel accordingly finds no intake or reporting requirement related to KSC Jane Doe’s discussions with Fleischer in 2006 under KSC’s policy.
However, Harkness conducted an informal inquiry concerning Vallante’s departure from NEC based on a perceived rumor of sexual harassment without knowledge of KSC Jane Doe’s personal exposure to Vallante’s past harassing behavior. If Harkness had the opportunity to interview KSC Jane Doe, she could have explored in further detail whether KSC Jane Doe’s personal exposure to Vallante’s sexually explicit comments in 2002 affected KSC Jane Doe’s
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academic environment at KSC in 2006. Such an inquiry should have occurred, and it may have implicated KSC’s sexual harassment policy.
6. 2003-2005 Reporting Obligations
All of the complaints and rumors between 2003-2005 related to prior off-campus conduct by Vallante at NEC. Harkness made an initial finding that a NEC source told Beach in approximately 2003-2004 that Vallante should not be working with college students. Beach denies receiving this warning, and he does not recall hearing any rumors about Vallante. Colbert confirms Beach hinted to him that Vallante departed NEC because Vallante had acted inappropriately with a student. These interactions pre-date the 2005 KSC policy on sexual harassment and discrimination, and investigative counsel does not make any findings under pre-
2005 KSC policies. In 2005, NEC Student 3 emailed Ratiliff and expressed his disgust and outrage that Vallante was allowed to be near young college athletes again. NEC Student 3 referenced Vallante having caused mental anguish to current and former NEC players. He did not expressly reference allegations of sexual misconduct, though any follow-up inquiry to NEC
Student 3 would have immediately confirmed that his complaint involved sexual harassment of
NEC students. Ratliff and Colbert did not investigate the 2005 complaint at all, given Colbert’s prior dismissal of Beach’s information based on inquiry of one or two former NEC student athletes in 2003-2004.
To promote best practices for student safety, Beach, Colbert, and Ratliff should have immediately disclosed this information to KSC’s Human Resources Department for review.
Alleged or apparent threats to student safety, whether general or specific, need to be carefully reviewed by qualified administrators and may warrant formal investigation in appropriate circumstances. Investigative counsel cannot find that KSC’s 2005 policy on discrimination and
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harassing behavior contained a clear reporting obligation for NEC Student 3’s 2005 complaint addressing Vallante’s past off-campus conduct at NEC.
The policy contains a broad reporting requirement for any KSC employee who receives information that discrimination or harassing behaviors may have occurred. Read literally, the section of the KSC policy, which mandates a reporting obligation for KSC employees, is very broad and requires virtually unlimited reporting of any information about discrimination or harassing behavior whatsoever. It is not limited to conduct occurring on campus or associated with off-campus activities “within the jurisdiction of KSC.” Drafters of the KSC policy most likely designed a broad reporting policy to encourage and properly enforce compliance with mandated disclosures. However, the introductory section of the KSC policy proscribes discrimination and harassing behaviors “within the jurisdiction of the College.” Most KSC administrators interpret this policy to require employee disclosure of information about harassing behaviors only if the conduct occurs on campus or is affiliated with official off-campus functions or activities of KSC. Investigative counsel cannot find that interpretation of KSC’s policy language to be unreasonable, though a broader interpretation of the policy language can be construed.
NEC Student 3’s 2005 complaint concerning Vallante’s misconduct at NEC highlights ambiguities in existing KSC policy regarding when KSC community members should be mandated to report incidents or allegations of potentially harassing behavior or discrimination that occur outside the jurisdiction of KSC, but clearly implicate the fitness and suitability of KSC employees who work with students.
7. Failure Of Administrators To Share Information
KSC administrative supervisors in the Athletics Department, Student Center, Graduate
School of Counseling, and Human Resources Department gathered separate information about
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similar complaints involving Vallante at different times from different sources, but they
responded to these complaints and disposed of them without access to all of the relevant
information received that likely would have led them to more vigorously pursue Vallante’s alleged misconduct. These omissions represent a significant breakdown in KSC’s system for centrally tracking formal and informal complaints of harassing behaviors.
8. Vallante’s Official Duties And Unofficial Functions
Vallante held various official duties for the basketball program that did not have job
descriptions. Vallante also assumed a variety of formal and informal roles as an advisor to
students athletes in the basketball program and to other students who met with him in his office
at the Student Center. He established and maintained varying roles with students that allowed
him to blur proper boundary lines between his professional and personal relationships with
students. KSC should have more diligently supervised Vallante’s varying roles with students and
more effectively identified the potential boundary violations presented by Vallante’s unique
status on campus.
9. NEC’s Refusal To Cooperate With KSC
If NEC had been more forthcoming with KSC about Vallante’s history of sexual
harassment, KSC would have been in a better position to evaluate complaints and eliminate the
risks posed by Vallante at KSC. At the same time, NEC’s unwillingness to speak to KSC
administrators should have weighed heavily on KSC administrators and coaches evaluating the
series of complaints lodged against Vallante.
B. Recommendations
The recommendations of investigative counsel track many of the steps KSC has already
taken to rectify the shortcomings identified in this report. KSC hired a new Vice President for
Student Affairs with a background and expertise in Title IX compliance and coordination. KSC
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is hiring a new Title IX Coordinator to work with its Chief Officer for Diversity and
Multiculturalism, and oversee Title IX compliance, investigations and education. KSC is adding a new position of Assistant Director of Human Resources to work with the Director of Human
Resources, bolster efforts to manage employee relations and conduct investigations. Key administrators, the Athletic Director and all head coaches have attended training on Title IX reporting responsibilities and the role and identity of Intake Officers at KSC. Interim disciplinary and counseling measures have taken place. Applicable policies and procedures are under review for improvement.
Investigative counsel recommends that KSC continue to focus on the following steps to strengthen and improve applicable governance structures and reporting procedures:
• enhanced training for administrators, faculty and staff to recognize, properly document, report and investigate credible and serious complaints about sexual harassment and threats to student safety and wellness;
• improved online resources to facilitate compliance and awareness regarding campus policy on sexual harassment and reporting obligations;
• evaluation of KSC policies related to reporting of off-campus sexual misconduct and past incidents of sexual misconduct that implicate KSC employees who work with students;
• centralization of systems for tracking and handling complaints of sexual harassment;
• additional resources for handling personnel investigations involving administrators, faculty, and staff;
• uniform procedures to ensure due diligence related to reference checks and background checks during hiring processes;
• enhanced policies or procedures to eliminate ambiguous or undefined job descriptions for KSC employees performing official duties;
• a continued commitment to promote bystander intervention techniques across campus and student awareness of options and strategies for effectively reporting concerns;
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• enhanced communication among administrative offices, athletics programs, and academic schools regarding compliance with sexual harassment reporting protocols; and
• better cooperation among New Hampshire colleges and universities to share information about former employees who present safety risks to students.
These findings and recommendations provide an objective accounting and documentation of how and why Vallante’s repeated sexual harassment of students was allowed to happen, and should assist the College in its continuing efforts to improve its governance structure and establish effective policies to deter sexual misconduct and advance the best interests of its students.
END OF REPORT
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EXHIBIT A
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Ma¡ch 7,201I
Mr. Bugcnc Vallanæ 381 Roxbury Stræt Kcsoc. New Hampshire 03431
Dc¡r'Glno,
I arn wrlting to cont¡rn thc decislon to to¡mlnatc your ornploymant a¡ a PAT Staff mombcr' cffoctlvo lYedocsday, Marr} 5, 2014, Ttris doci¡ion was communicatcd to you ¡t dtc conclu¡ion ofour tolophonc convo¡satlon on March 5. \ilc havc discu¡¡sd lhè ba8c6 for ül¡ dccl¡lon ln convcr¡atlon¡ ovor thc coursc of thc tæt lwo !r,Êck, Ttoy arc, in rummary: ectusl hstassment of a KSC studcnl: gross brcoch of duty cntrustÉd to ¡ou in your Pos¡t¡on at KSC¡ fallttrs o obscryc and r€6pc€t Êpp¡opriatc bounda¡læ in rolationehlps wlth KSC studcnts; dirt'ospcct for sludcnl safËtyi unfitncss for dnty as a KSC omploycot m¡stq,tÊsÊntstion ud fallu¡s to bo forthcomlng during our lnvcstlgition¡ and thc KSê's admlni¡urtion's los¡ of confidcnco in lottr judgmont, bulhfulncsôr rnd loyalty to KSC and its vdüæ,
Your disrcgard fo¡ sludcnt sofcly End çxual herassmcnt of I studont arÊ a glevous scls, âs that lo¡m is nseã ln tnstitutlo¡¡¡t potlðy, As such, you tru not being provided a ÞO"day notlco pcdod or satarl in tiou of ¡ucfi notict, nor will you bc providcd thc cãsh valup of rny vacatlon bglancô you may h¡vc ¡ccrucd ¡nd lcft unuscd,
I nccd to inforrn you th¡t undc¡ thc Complaint and Griovarrcc Proccduros, thould you chooec to grlcvc thlr sctlon, you havs Þn (! 0) cale¿rd¡¡' day¡ to f¡lc ¡ wrlncn grlcvroco, Th€ rê¡svÊnt lolicybattachcoi¡l¡thopoltcyrigardingts¡¡nlnsllonforgricvouiæts, Addlttonal pollclesrrc availab,lc at gg¡¿.¡¡¡úfu4¡!¡gl¡1.
Ditsstor, lluman Rorourcos
æi D¡. A¡¡dy Roblnsou, VPSA IIR Procæslng Tcam Po¡¡onnct fila
K9C-EE-000íGl
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EXHIBIT B
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Witnesses Interviewed
Title Name KSC Assistant Men's Basketball Coach Matt Adams fFormer) & KSC Basketball Plaver lFormer) KSC Student lFormer) Student Intem KSC Head Softball Coach Charles Beach KSC Assistant Softball Coach Deb Beach KSC Assistant Men's Basketball Coach & Steven Boudreau Former KSC Basketball Plaver NEC Basketball Plaver (Former) KSC Head Men's Basketball Coach Robert Colbert KSC Basketball Plaver lFormer) KSC Professor, Education Deparhnent & Dr. Leonard Fleischer Psvcholoeist KSC Executive Assistant to President -Ann Gaenon KSC Associate Director of Student Center Mark Gempler KSC Director of Human Resources -Kimberly Harkness KSC Student fFormer) KSC Basketball Plaver 2013 -20l4TeamMember NEC Basketball Plaver fFormer) KSC Assistant Head Coach & Former KSC Doug Jenkins Basketball Plaver KSC Associate Head Basketball Coach -Kevin Justice KSC Vice President of Finance and Planning; JayKahn Interim President 2012 - 2013 - NEC Basketball Plaver lFomrer) NEC Basketball Plaver lFormer) KSC Basketball Plaver (Forrner) KSC Assistant Men's Basketball Coach & Alphonse Michalski Former KSC Basketball Plaver KSC Title D( Coordinator Dottie Morris KSC Assistant Men's Basketball Coach Brian Pickering lFormer) KSC Athletic Director John Ratliff KSC Vice President for Student Affairs Andrew Robinson lRetired) USNH General Counsel Ronald Rodsers. Eso. NEC Basketball Plaver (Former) I KSC Associate Professor. Joumalism Marvann Salcetti KSC Assistant Vice President for Student Paul Striffolino Affairs
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KSC Basketball Plaver fFormer) KSC Basketball Plaver lFormer) KSC Associate Vice President for Student Gail Zimmerman Affairs and Dean of Students
Witnesses Who Declined to Be Interviewed*
Title Name NEC Athletic Di¡ector Lori Runksmeier NEC Interim President 2005 John Stevens KSC Coordinator School Counselor Program Susan Theberge lFormer) NEC Vice President for Student Affairs Joe Petrick lFomrer) NEC President lFormer) Ellen Hurwitz NEC Human Resources Director fFormer) Leslie Bateman KSC Vice President for Student Affairs Corinne Kowpack lFomrer)
*NEC \Mitnesses declined via NEC legal counselr l)ebra Weiss-Ford, Esq.
Witnesses Who Could Not be Located or Did Not Respond
Title Name NEC Basketball Plaver fFormer) KSC Assistant Men's Basketball Coach (Former) KSC Head Men's Basketball Coach (Former) Phil Rowe NEC and KSC Student lForrner) KSC Assistant Men's Basketball Coach lFormer) NEC Basketball Plaver lFormer) NEC and KSC Basketball Plaver fFormer) - -
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EXHIBIT C
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I)ocuments RevÍewed
o Personnel file of Eugene Vallante
o Job Descriptions for Eugene Vallante
Performance Evaluations of Eugetre Vallante
Letterof Terrrination to Euge,ne Vallante
Interview statements and notes of Kim Harkness, KSC Director of Human Resources
Memoranda to Andrew Robinson prepared by Kim Harkness regarding initial frndings dated March 3,2014,Ma¡ch 7,2014 and March 19,2014
KSC Discrimination and Discriminatory Harassme,nt Policy,2005 - 2013
KSC Discrimination and Discriminatory Harassment Policy, AFproved Jrme 25, 2013
Email oommunications provided by Keene State College
WiÍre.ss tnterview summaries of individuals identified in Exhibit B to this report
Email communications of former New England college students lI I regardin! past allegations of m-isconductof BuFõ Vallante to NEC Personnel
Recorded Interview of with New Hampshire Attorney General's Offrce in January, 2014
KSC Men's Basketball Rosters
KSC Coaching ResponsibilitieslProcedures Athletics- Departne,trt files related to Eugene Vallante Fast Break Broadcasting conhacts and docume,lrtation
Any and all other documentation, including but not limited to rçorts, records and communications provided by Kee,ne State College responsive to requests issued by investigative counsel
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EXHIBIT D
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Mclane, Graf, Raulerson & Middleton Professional Association o[']'r(ìES Ir: MÀNCHESTEN 90û Eln Street I P,O. Box 326 lManchester, NH 03f05-0326 CONCORD Telr 603.625.6464 | Fax:603,625.5650 | www'mclane.com PORTSMOUÎH VOBUNN,MÀ
MICHÀELA, DELANEY Di¡ect Dial: 603-628-1248 Euail: micbael,del¡¡[email protected] Admittdin NHa¡dMA
Septe,nrber 23,2014
Dr. Michele D. Perkins, Ed.D. New England College Nerv England College Members of the Board ofTrustees c/o Debra Weiss Ford c/o Debra Weiss Ford Managing Shareholder, Portsmouth Office Managing Shareholder, PortSmoutl¡ Office Jackson læwis, PC Jackson Læwis, PC l00Intemational Drive, Suite 363 100 International fhive, Suite 363 Portsmouth, NH 03801 Portsmouth, NH 03801
Re: Keene State College - Glno Vallante Investigation
Dear Dr. Perkins and Members of the Boarrd ofTrustees,
Kee,l¡e State College retained my services to investigate the College's knowledge and reporting of information related to its former employee, Gino Vallante. In March 2014, Kee'ne State College terminated Vallante from his employment at Keeire State College for making sexually explicit comments to studerits and other related misconduc.t. Prior to his employment at Keene State College, Vallante served as basketball coach at New England College between 2000 -2002. I have spoken to many former student athletes of New England College who were repeatedly victimized by Mr. Vallante at New England College in 2001-2002. Keene State College students were exposed to Vallante's similar misconduct from 2005 - 2014.
During the course of ou¡ investigation, my office attempted to contact sweral present and former adminiskators and employees of New England College to assist Keene State College with its review of the Vallante matter. We wanted to gather all information about any forrral and informal discussions between New England College employees and Keene State employees over the years conceming Vallante. In 2006, New England College had declined to answer Keene State College's confide¡rtial questions about why Vallante left New England College tn2002'
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Dr. Michele D. Perkins Ed.D. Board of Trustees c,/o Dsbra Weiss Ford September 23,20t4 Page2
In June 2014, througþ yoru legal counsel, Debra Weiss Ford, New England College refused to cooperate with Iieene Søtã College's review of the Vatlante matter and sent written email correspoindrn." denying us access to current and former employees 91ryt* nn$and College. Pleìse reconsidei Néw England Collcge's refusal to cooperate with Keene State Co[e!e's investigation. New nnda;d CotlegeJts employee and its alumni will be best serr¡ed by fuí coopøatiõn between the Ño collegesìn reviewing the Vallante matter, and risk of --"g"**t considerations should not diõtate otherwise. A fr¡ll and complete understanding all interactions between New England College and Keene State College is in the best interests of promoting the safety and wellnesi of the students and employees of both colleges'
Tharik your for your attention to this letter'
MAD:kac
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Irom: For4 Debn Weiss (Portsmouth)
Hi Denise I represent NEC and I have been made awate that several employees, former and current, have been contected regardlng a request to be lntervlewed concerning alletat¡ons against Glno Vallante' Pleas€ be advlscd that we decllne the lnvltat¡on to partlclpate. Please se nd any communications to me . Thank you
Debra Welss Ford Managlng Shareholder, Portsmouth offlce Attorney at Law Jackson Lew¡s P.C. 100lnternatlonal Drlve, Sulte 363 Portsmouth, NH 03E01 603559-27271 Dlrect 603 559-2700 I Maln 603 559-2701 | Fax fordd@ iacksonlewis.com www.iacksonlewis.com
Representlng management excluslvely ln workplace law and related lltlgatlon
onlv for u¡s of tho krdMdu{¡l or cdlty confida'lüotÍv r\¡ôtr: Thfr a-moil, artd oñy otbchfnGnt tô n contrtnr F lvlbgld and cofìlldentlrl lnform€llon hþndrd lhc n rndonttÉr{ìrtt,flharËrdlrdlhþr-m.iltsnotrh!fntrø¡¿rdp:'ni,orf[iãili¡óy¡cor.ænËiæiat¡rtrúeltu€tfnglttobclnþndodËclPlrñ|,you r¡nder ¡nd dollb lt lErn your .Ê hlrcby nolÍlod lh¡t Éadlne n þ strlcüy 9þhlbtt.d. lf you hovc rucehrcd lhb ô-mol lr c,ror. Fls¡¡c mmããiabIy raum ¡t to üú ¡ystcm. Th¡d( you
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EXHIBIT E
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Keene State College
Discrimination and Discriminatory Harassment (Including Sexual Harassrnent)
October 2005
All students, staff, and fôculty at Keene State College have the right to work and learn ln an envlronment free of discrirninatlon and discrlmlnatory harassment. Such conduct lnterferæ wlth the mlsslon of the College by dimlnlshing access to educatlon,and employment; compromlsing the free and open exchenge of ideas; and lrnpeding the relatlonshiÞs among students, faculty, and staff,
In accordance with Unlversity System of New Hampshlre pollcy and applicable state and tederal laws, all persons shall have equal access to the College's progrðms, facllitles, and employment wthout regard to race, color, rcliglon, sex, age, natlonal origln, sexual orientatíon, marital status, veteran's status, or dlsability. No member of the campus community may eng¿ge in behavior wlthln the jurisdlctlon of the College that unjustly lnterferes wlth any indlvldual's requlred tasks, career opportunlties, learnlng, or participation ln campus llFe. All members of the campus communlty share responslbll¡ty for preventing and reporting discrlmlnôtion and harassment, cooperatlng in any lnvestigation which mlght result, and malntalnlng confidentiatþ.
Dofinition: Discrimfnatlon refers to actlons whlch deny a member (or ln some cases, a potentlal member) of the communlty employment, promotlon, transfers, access to academic courses. housing, or other College beneflts and entltlements due to a member's protected class status, includlng race, color, rellglon, sex, age, national origin, sexual orlentatlon, marltal status, veteran's status, or dlsablllty. D¡scrlmlnatory harassment may take the form of unwelcome sexual advances, grafFltl, Jokes, pranks, slurs, lnsults, threats, remarks made ln tfie person's presence, lnterference wlth the ' person's work or academíc life, vandallsm, asslgnment of unpleasant duties¡ or even physlcal assault dlrected ägalnst any member of c protected class,
Federal and stðte laws deflne harasslng behavlor as occurrlng when:
. Such contact hss the purpose or effect of unreasonably lnterfering with an lndlvldual's work perñormance or creatlng a hoEtlle or oñenslve worklng or academlc envlronment; . Submlssion to or reject of such conduct by an lndlvfdual is used as the þasls for employment or academlc dectslons affecUng that lndlvldual; or ¡ Submlssion to such conduct is rnade either explicitly or lmplic¡tly a term or condltlon of ân lndlvldual's employment or academlc work.
Sexual harassment le one torm of dlscrlmlnatory harassment, Unwelcome aexual advancest requests for sexual îavore,, and othcr vcrbal or physlc;,t conduct of a sexual ãatttve constltutc scxual harassmant when the abovø condltløns are met,
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Keene State College places a high priority on preventing dlscrlmtnatlon and discriminatory harassment, asslsting lndividuals who belleve thatthey have been the victlms of such conduct, and ensurlng that all lndivlduals accused of prohlblted conduct are treated falrly,
D¡scrim¡natlon and Discriminatory Harassment Complalnt Procedures
I. Introduction
Keene State College's procedures for respondlng to discrlminatlon and dlscrlminatory harassment are provlded fbr lnte¡nal resolution of complalnts and for internal manltorlng of lnfo¡mal reports and formal complalnts. They do not constltute a legal furum. The mlsslon of Keene State College "promotes and sustains strong relatlonships among students, faculty, and staff' and asks all members of the campus comrnunlÇ to conduct themselves with dlgnlty and treat others wlth respect, These procedures support the misslon by encouraging lndivlduals to come forward with concerns about discrimlnatlon and harassment as welf as tlmely tnstltutlonal response to thefr concerns, TheY provlde a process to clarlfy behavioral expectat¡ons, promote understandlng of rlghts and responslbllltles, and hold people accountable for vlolatlons of the pollcy.
Anyone who wlshes to speak wlth someone knowledgeable about discrlminatlon and harassment and campus support servicesr as well as the procedures for reportlng dlscrimlnatlon and harassment and fillng a formal complalnt, ¡s encouraged to contact one of the officlals ldentifled below for informatlon and advfce.
Any employee of Keene State College who observes discrlmlnatlon or harasslng behavlors or who recelves lnformãtlon that such conduct may have occurred ls responslbfe for discusslng thls lnformatlon wlth an admfnlstratlve contact, Employees ln Health Servlces and the Counsellng Center, as well as the psychlatrlc nurse practltfoner, ðre exempt from thls reportlng requlrement when the information is provlded to them wlthln a prlvlleged medlcal orcounseling relatlonshlp'
II. Coiìtacts forAsslstance and Information (Íntake Officers and Adrnlnlstratlve Offlcers) lndlvlduals may contact any of the lndividuals ltsted below for lnformatlon about the College's dlscrlmlnation and harassment pol¡cles and support servlces, the þrocedures for maklng a compla¡nt, and asslstance.¡n resolvlng the sltuatlon lnformally or pursulng a formal complalnt:
A. Intake Officers o The Dlrector of Human Resources o The Associate Vlce Presldent for Academlc Affalrs o The Assodate Vtce presldent for FhFJll:g o The Associate Vlce Presf dent for Student Affalrs o ïh.e Dean of ProfessloJal and_Graduete Stydles> o The Dean of ArG and Humanltles o The Dean ofsclences and Soclal Sqlgnces o The Dispute Resofutfon Coordlnator o The Fltness Center ltfanager
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B. Administrat¡ve Offlcers o The Vlce Presldent for Student Affairs when the alleged harasser ls a student or a stall member ln Student Affaírs o The Vlce Presldent for Academlc Aflalrs when the alleged harasser ls a member of the faculty or teaching staff or a staff member ln Academlc Affairs o The Vlce Presldent for Finance and Planning when the alleged hårasser Is a member of statf of the Flnance and plannlng divlslon o The Presldent when the alleged harasser ls a member of the staff of the Execut¡ve Dlvlsion
IU. Intake Forms
Keene State College wlll maintaln records of âll discrimination and harassment reports to fdentlfy campus needs for lnformatlon and trainlng and posslble patterns of discrimination or harasslng behavlor. Intake forms wlll remaln crinfldentlal and will be malntained by the followlng lndlvlduals:
' The Vlce Presldent for Student Affalrs when the alleged har¿sser ls a student ' The Vice President for Academic Affairs when the alleged harasser is a member of the teachlng staff . The Dlrector of Human Resources when the âlleged harasse¡ ls a staff member e The Vice President for Ff nance and Plannlng when the alleged harasser ls a member of contract staff
lV. Confldentlallty .
Keene State College wlll rnalntain conffdentlallty where, and to the extent, legally and reasonably EpProprlate, wíth the facts màde avaflable only to those with a compeiling need to know for purPoses of lnvestigatlon or resolutlon of complalnts. Confldentlality cannot be uncondltlonally guaranteed under any clrcumstances. The College has a responslblllty to act where lt knows of a pollcy vlolåtlon.
V. Process for Handllng Reports of Discrlmlnatlon and Harassrnent by Keene State Cotlege Faculty or Staff Members or Contract Employees
A, Roles and Responslblllfles
1. Thä lntake offlcer wlll: o lntervlew the complalnant to obrtaln as much lnformafion about the alleged harassment as ls posslble, o lnform the complainant about the pollcles Bnd procedures for handllng dlscrlmlnatlon and harassment àomplalnts, lncludlng the College's responslbillty to tal Page 85 of 131 Redacted to Protect Student Privacy o proteqt the confidentiality of the complalnant to the extent legally and reasonably approprlate. Only those who have a need to know for purposes of lnvestlgatlon or resolutlon of compf alnts wlll be informed, o asslstthe complainant ln pursulng a complalnt, ¡f approPriate' and serve as the llaison between the complalnant and the Gollege throughout the process' o consult wlth the approprlate admin¡stratlve offlcer about how to proceed with the complaint. o complete an intake form and send lt to the appropriate adminfstratlve Offlcer (lll above), 2. The admlnlstratlve offlcer wlll¡ o revlew the lntake form. o take necessary inter¡m measures to protect the compla¡nant and prevent retallation or lnterference wlth the lnvesUgatlon, o appoht an lnvesugator, o seek fnformal resolutlon of the complalnant where approprlate ' o if lnformal resolutlon ls not possible, determlne the extent to which the complaint meets the c¡lterla for discrlmlnation and dlscrlminatory harassment and render the appropriate administrative judgment. o determlne the appropriate course of actlon. o communlcate appropriately with the complalnant and lntake offlcer. 3, The reviewer will: o Conduct a full, falr and tlmely revlew of alleged complalnt, lncluding reasonable effort to corroborate sources of lnformatlon. o Prepare a written, dated report for the admlnlstrative offlcer. B. The Intake lntervlew If an alleged harasser ls known but not named ln the lntake lntervlew, the information wlll be recorded on the intake form and the needs of the complalnant wlll be addressed, If the alleged harasser ls unknown to the complalóant, the admlnlstratlve offlcer wlll evaluate the circurnstances and inltlate an approprlate lnvest¡gation, If an alleged harasçer ls known and named ln the lntake lntervlew, the lntake offlcer wlll encourage the complalnant to submlt å wrltten shtement descrlblng the alleged behavlor and a formal revlew process wlll be lnltlated (see C below). If the complalnênt does not wlsh to submlt a statement ln wrltlng, the College's response wlll depend on the clrcumstances and the cornplainant's wllllngness to cooperate wlth an lnvestlgation. If the admintstratlve officer overseelng the complalnt feels that the Page 86 of 131 Redacted to Protect Student Privacy alteged behavlor may constitute discriminatory harassment, an investlgatlon will be conducted without a slgned statement. [n some lnstances, the admlnlstratlve officer wlll lnltlate an lnformal resolution, lf the circumstanccs suggest that thís type of resolutlon ls appropriate. C, Fonnal Complaint Process 1. Submlsslon of Wrltten Complalnt The complalnant wlll submlt a dated and slgned complalnt to the intake offlcer, The complalnt should be as specific as posslble, lncluding dates, times, locations, a descrlption of the alleged harassing behavior, and the name(s) of the alleged harasser(s). The statement should ldentify any person(s) who may havc lnformation that would be helpful to the resolutlon ol thls complalnt. Upon recelpt of a wrltten discrlmlnatlon and harassment complaint, the lntake off¡cer wlll consult wlth the approprlatê admlnlstratlve ôfflcer, who wlll revlew the complaint. If he or she determlnes that the complðint falls wlthln the scope of this policy, he or she will appolnt an independent rev¡ewer. The admlnistraþr wlll take lnterlm measures to protect the complainõnt and prevent retðllatlon or interferencc wlth the revlew. If the alleged harasser is a member of the faculty bargainlng unlt, complaint procedures outlined in the collective bargalning agreement wlll be followed. If the alleged harasser ls a student or a campus employee otherthan faculty, the following procedures wlll be followed: A copy of the slgned complalnt wlll be glven to the accused wlthln 14 calendar days of lts recelpt. The accused wlll be glven 14 calendar days from the recelpt of the complalnt to respond ln writing. An exceptlon to the tlme requlrements may be grantcd when both the complalnant and adrnlnlstratlve offlcer agree that the compfalnt should be handled after the close of the academlc semester. 2. ldentiflcatfon of Facts The College shall conduct a lull and fair revlew of the alleged complalnt, lncludlng a reasonable effort to corroborate sources of lnformation ldentified by the complalnant and the accused. The revlew wlll be completed as promptly as ls posslble, normally within 20 working days from the date the complalnt ls recelved. Written, dated, confidentlal records wlll be malntalned throughout the revlew. At the conctuslon of the revlew, the reviewer wlll present a wrltten report whlch will lnctude the allegations, the revie$, process, the ev¡dence ln lhe case, the persuaslveness ofthe evídence, the conslstency ofthe testlmony, and the credlblllty of the witnesses anct supportlng documentation, 3. Informal Resolutfon of Fonnal Complalnt If appropriate, the adrnlnlstrallve offlcer wlll seek an lnformal resolution of the complalnt that satlsfies all persons lnvolved ln the complalnt. Such a resolútlon mlght be Pursued ln those sltuãtions where the accused ls wllllng to apologlze and to cease the dlscrlmlnatory behavlor Page 87 of 131 Redacted to Protect Student Privacy and when the act¡on sought by the complainant ls for the behavlor to stoP, lf a resolution ls reached, both parties will sign dated copies of the tefms of the resolutlon, Copies of the signed resolutlon wlll be glven to the complalnant, and the accused. " If the acdsed is a non'faculty employee of Keene State College, the resolution wlll be kept ln the lndivldual's official personnel flle for ftve yeðrsr at whlch tlme lt wlll be destroyed lf there are no recurrlng incldents. " If the accused is a memberof the faculty reprêsented by a collective bargaining unlt, the collectlve bargalnlng agreement wllt be followed, " If the accused ¡s a contrðct employce, Vice Presldent for Flnancc and Plannlng will asl< the contract admlnlstrator to provlde documentatlon of the complalnt outcome. 4. Formal Resolution of Formal Complalnt lf an lnformal resolutlon ls not posslble or appropriate and the accused is a Keene State Coltege employee, the admlnlstrattve offlcer shalf review the lnvestigation report, determlne the extent to which the complafnt meets the criterla for harassment, and render a judgment about the case, whlch willfall into one of two categories: 1. unfounded, i,e., Ìn the lnformed Judgment of the admlnlstratlve offlcer, the behavior dfd not meet the crlterla of d¡scrlmlnation and herassment and/or the accused did not commit the offense, In thls case, the adminlstrative offlcer will report th¡s finding ln wrlting to the complalnant, the accused, and the supervlsor of the accused. Ifthe administrative offlc€t determ¡nes that the behavlor ln questlon ls f napproPrlate, even though lt mêy not meet the crlterla of dlscrlmlnation and harassment, the admlnistrative offlcer wlll report the findlngs to the supervlsorr who will lmpose appropriate sanctlons based on the naturc and severlty ofthe offense and the extent of the flndings. 2, founded, |.e., tn the inFormed judgrnent of the admlnistrðtlve offlcer, the behavlor did meet the crlterla of discrlminatfon or herassment and was cornmltted by the accused. In this case the adrnlnistraHve offlcer wlll report the flndings to the superulsor 8nd determlne approprlöte sanctions basect on the nature and severlty of the offense and the extent olthe flndlngs, Sanctíons may include but are not llmited to an oral or wrltten reprlmand, reasslgnment of dutles, mändatory counsellng, suspens¡on wlth or wlthout pav, ot termfnatlon. The prlnclpal admlnlstrator will communlcðte thls declslon ln wrftlng to the complalnant, the accused, the dlrect supervisor of the accused, and the personnel file ofthe accused, 5. Appeals and Gr¡evances If the complalnant ls dlssatisfted wlth the judgment andlot lmposed sanctlons, he or she may subrnlt a wrltten appeal to the Keene State ColleEe Presldent wlthln 14 calendar days of recelpt of the wrltten ftndtng. The Presldent wlll revlew all documentatlon and materlals and make a Flnal c,etermlnaflon. Accused lndlvfduals have the rfght to appeal the judgment agalnst them uslng the appropriate grlevance procedures, These procedures are descrlÞed ln the Page 88 of 131 Redacted to Protect Student Privacy ' KSCEA collectlve bargalnlng agreement (faculty) and the employee Complalnt and Grlevance Resolutíon Pollcy (staff). D. Informal Complalnt Process The complalnant may choose to attempt to resolve hls or her complalnt lnformally, Thls process, wh¡le not "formal" ln terms of thls pollcy, 19 not cãsual or taken less serlously. lt ls often used ln those clrcumstances ulhen a complainant does not wish to submlt a s¡gned complalnt and Just wants the behavíor to stop, when an analysls reveals that the situation can be resolved through conversatlon or other lnformal and directsteps, or when the report of discriminatlon or harassment ls recelved from a third party and the alleged victim ls unwÌllin9 to participate in the complalnt process. 1, Intake Interview (see B above) 2. Evaluation As ln the formal process, the htake Officer wlll consult with the approprlate Admlnlstratlve Offlcer. The AdmlnlstraHve Offlcer wlll evaluate the informatlon and determlne the approprlate courue of actlon ln consultatlon wlth the lntake officer, Keene State College has a responslblllty to take actfon ln sltuatlons where lt believes discrlmfnation and harassment may have ' occurred, even when no wrltten comptaint has been filed. Courses of actlon may lnclúde; o asslstlng ttie complalnant ln addresslng the problem dlrectly with the person whose behavlor ls ln questlon. This may be accomplished either through Ê ône-on-one meeting, phone call, or letter. A complalnant ls never r€qulred to confront the person belleved to be dlscrlmlnating or harasslng. o addresslng the pereon whose behavlor ls ln questlon directly or lndirectly through that indlvidual's supervlsor. o appolntlng an lnvesflgator and proceedlng wtth the formal process described above. If the inlormation lndlcates a posslble pattern of conduct or lf the conduct is judged to be ser¡ous, the administratfve officer wlll: o advlse the supervlsor or dean of this tudgment. o appolnt an lnvestlgator and proceed wlth the formal process descríbed above, . beglnnlng wlth a formal lnvestlgat¡on (V(CX2) above)' lf the lnformatlon does not suggest a pattern of conduct or lf the conduct is Judged not to rise to the level of dlscrlmlnatlon but the behavlor ls stlll ludged to be lnapproprlate, the adrninistrative offlcer wÍtl dlscuss thls complalnt wlth the supervlsor or dean, who ln turn will then hold a dlscusslon of the alleged lnc¡dent wlth the accused to ensure that the accused Understands expectatlons for appropriate behavlor, o, If the named lndlvldual ls an employee other than a faculty member, the Supervlsor wlll document hls or her dlscusslon wlth the employee ln a letter to the cmployee's permanent peßonnel flle. The letter wlfl be kept ln the lndlvldual's officlal personnel Page 89 of 131 Redacted to Protect Student Privacy file for five (5) years, at whlch time it wlll be destroyed lf there are no recurring lncldents, o If the accused ls a member of the faculty represented by a collective bargalning unlt' the contract guidelines wlll be followed. Vl. Process for Handllng Reports of Discrlmlnation and Harðssment by Keene State College Students When a student ls accused of discrlmlnat¡on or dlscrlmlnâtory harassment, the procedures outllned in the KSC Student Judlclal Code will be followed, If the alleged vlctlm of student harassment ls a member of the facrllty, the Vice Pres¡dent for Academlc Affalrs and the Dlrector of Human Resources wlll be notlñed. If the alleged vlctlm of student harassment ls a member of the staFf, the Principal admlnistrator who oversees the dlvlsion in which the individual is employed end Dlrectorof Hurnan Resources wlll be notlfled, VII. T¡me Llmits Prompt report¡ng of discrlmlnatlon uni nurrrrrent is ln the best interest of the entlre Keene State Coffege comrnunity and lndlvlduals are encour¿rged to report incldents of alleged dlscrlmlnation and harassm€nt ln a timely fashlon, Time llmlts for filing a formal complalnt are as follows: . For faculty and staff: 60 calendar days ¡ Forstudents: 12 months Under special clrcumstances, the prlnclpal administmtor may walve the tlme llmlts, when dolng so serves the purposes of this pollcy. The prlncÌpal admlnlstrator wfll document the reasons for such a declslon and convey the inforrnation, in wrltlng, to the complalnant and the accused' VIIL Non-retallation Retallatlon agalnst anyone making a harassment clalm ls strlctly prohlbited, RePr¡sals or retallatlon agalnst any person reportlng dlscrlmlnation and harassment or brlnglng a complalnt of discrlmlnatlon and harassment will not be tolerated, whether or not the complalnt ls ultlmately iudged to be G)nsístent wlth the criùeria determlnlng harassment. Keene State College reserves the rlghtto dlsclpllne lndtvlduals who engage ln any actívlty determlned to be retaliatory. IX. False Clalms Intentionally false ctaims of dlscrimlnation and harassment will not be tolerated. No compla¡nt ì'Jlll be consldered false solely because lt cannot be corroborated, Keene State College resewes the rlght to dlsclpllne members of the college communlty who lntentlonally bring false complalnts of dlscrlmlnatlon and harassment. If evldence ls presented that Page 90 of 131 Redacted to Protect Student Privacy exonerÊtes an indíviduðl who had been found responsibte for engaglng ln harassìng behavlors, Keene State College wlll take actlon to r€store the ståtus of that lndlvldual, lncludlng removlng documentalion about the origlnal complalnt from hls or her personnel file, X, Annual Report The Vice President for Student Affalrs, the Vlce President for Academlc Affairs, the Vlce President for Finance and Plannlng, and the Dlrector of Human Resources shall submlt a confldentlal annual report to the Presldent by June 30 of each academic year. Thls report wlll llst all lnforrnal and formal discrlminatlon and harassment complaints recelyed and descrlÞe thelr outcomes as weff as all requests for tralning or lnformatlon about dlscrlmlnatlon and harassment, but lt wlll not lnclude informat¡On whlch ldentifles the complalnant or accused, The purpose of this report is to ldentlfy possible Patterns of inapproprlate behavlors and to ldentify campus needs for lnfurmatlon and tralnlng, Page 91 of 131 Redacted to Protect Student Privacy EXHIBIT F Page 92 of 131 Redacted to Protect Student Privacy , Discrimination and Discriminatory Harassment . Policies . Keene State College Page I of6 DisCrÍmination and DisCrÍminatOry HafaSSment sôúrdrporrcros * A@rovedirna25,2lr, egEÍqteI l. ovrM¿w BdttI[tî-EgIdð 3 Fom6lComÞl.inl Process ¡{ lnfôf¡Ìlol Coñotaí¡t Proc€aE Ove¡vlaw ln ¡ccotdanm wtlh Universtly Systcm of Ns Hampshkå Pollcy ând êpplc¡blo stâlc ,nd ledergl lgws. discdmhalion cnd d¡scrlm¡Dalory hemormeol rrc ÈxpÉslly prohiblod al Kilno Slal¿ CoÍcgc All sludenl!, flÊf, eed fæulry at Kænc St¡ta College hsvo lhe duhl lo wort €nd l6sm h 8n onv¡rcnment læê oldilcrim¡nllíon ind diwkîinetory haBs!ænl !t !uch smduol ¡nlelferôs wilh lhe hi$lm ollhô Colleg€ üy d¡ñl¡¡shlnC rcËs to sóuetlon and crrìFloymcnl: conpromilino lhe frse sfil opon oxchane r ol ideasi ¡fld hrpadlng ràlallonsh¡ps among ltudenlr, leqllly, ond stðl Allpoarcnr 6h€ll he'Je rqu€f sccÆls lo ihe collegd¡ pfo0r€ml, aacllfileg, and emphyúEìt wfhoul tc9ofrt to Ecs t¡lor.tGli¡þn,rcr,rg€,nÊtlfi!lorlgln.soru€lorlentsllon,tonderldenlity,0cndsBxproBgloo,merllal sl8lus, volcreÂ'! rtalur, ordlsobility No mômòêr of l,rê câmpus æmrunlty msy engagê In ù€h¡vlor Rnililn lhc ¡ll6dl;llon onh€ cctece thot vnlud¡y lnlcff€rcûwfth ¿ny hdlv¡dual3 ¡aqulred lasks, cdlor oPPorlunitlú,1!âmln9, or psdlolpailon lô c¡ñpu8 ¡f€ All rcrnùeE of lhe æmpur commun¡ly .hsn r€rponslbil¡ly lor prèvrnlhe snd fcpoihg dlscdmlrallon md haÉsrmenl. cæpef€fng l ¿ny hvo!ltgallon whlcn mloht rrrslt, sn,J molnt¡ldng contldôntlallly 0allnltlon: O¡3trlr{nôtþn ret€fs lo rcllon¡ *ñ¡ch deny ! mehber (of ln rofie ctrca, a polentlsl memb€r} ol lhË æmmunity omployment. promolÌon, 0€nâlor6, €crerE io a€domic cou6e!, hoor¡rì9, or olher Coll€ge b€n€lils ¡nd lntillorn¡nb bæ&s¿ of a fnsrnber's pôtacled cEB! 3l.tus, lôcludhg Éca. colû, rlllglon, !cx, ag€, nSlbnrl or¡91n. leroll or¡lnbl¡on, gendof id¿nlfly. gendorcxprór!¡on, mrdlel rtstJ!, valgron É stalw, or dlroùllfiy. Olscrknln¡Uon ñsy lrk€ õeny lomr. ond c¡n hclud!: . h lhc hrrlng Foces!: tstlufc t0 conslds s c¡ndkteto ùæau6e h6 lt loo old, oi bÉ€u3Ê she hes r partner. tr ömú! he is káßg¿nder. or bôcôuro d hoat€llglon, 0r btaute hs lE dl¡Êbled yel en do lhe pù, silh or sihoql ¡n eccoññodslion: . h lho 6Édcmlç rcalm; f¡¡fuE lo lako slsdonh rodoully ln psdlculsr sædsfilE cl¡E!Ês b€su6€ ol lhélr oeqdcf. lacs. or nÉlìongl ofleln: or 8sslgnñent of ¡ lowstgl€ds lo o qu€llllod ¡tud€nl tellh a þ€mlng dlrab¡[ay b€ceus€ th€ atudent (ooolv€l ¡êadomlc tóJuslûtenlr ormodll¡Etlons: ôr âlfgllng I 3ludail @l lñ cla3s lor ddlculei or on lhó brCo ol æ1||! tn lnd€Íepre6slcd 3lodent snd being È!fiodto repfssl hlÉ/hsr€æ or fcllglon glven â proarmpllon olfdmu€r[t w¡lhlhe vþrtr ol nd€ropr€lmtàd thhkdr!; ø . m hs loü: lsck of aæeplancr by É supeflkof of  woman h ¡ condrucüoî Usdes pornbn. orloffurr þ promol€ t gey €mpby.a bsêeurå olhls r¡xu¡l trl0nl6fl0ô Olsclmlñttory H¡rasrmrot ic vcrbrl o¡ Fhysicrl Co^ducl Ulsl domssl9 or ¡hûfl1 hoslillty. or g|nttioñ, loward str lndlvldu8l becduse ol hislhcr tecô, €Ìtr, rdlelon, g6ndof, gonder ldantily o/ €¡prôrJoí, rcxusl od€trl8tiÐn¡ msilol rlalu3. nal¡onaldigin. ago, dbsb¡lily, or boH3ô of ßlolirllon for sngâg¡n! ln protôclod rcltulty and lhrt: ' Hs! tiè putpose or rfecl ol ûostlng rn htknldelmg. ho6t¡le. or offenslve lesmlne of wor*hl snvffonflent; Or I Has llro ßurposd o.slfecl of unruslonôÈlt ¡ntêtering with sn hdivituelþ te¡mho ornort poloftrencai or , Olhorwlú! aCv€l!ely a¡lecls ¡n l^dlvlduåtr Cmpþyoônl opporlunliG or abil¡V lo Ë! !¡rc€fûltJl aG¡ddnlcálly Hofegdng conducl þdudos, ûtJt 19 ml ¡ñnÊd to th€ follqwlú: . Epihel6, ¡þr3, lokes. negellue stsreolyÞtre or lhr@t€n¡ng, lntimldallng ol holt¡f€ acls lh¡t rel8t" to s paßor'¡ rscr, colo¡, r€llglon. eende( natloncl orþh, ago or dlr€blllty . Vvltlcn of Orrph:ic motsülr#t1lch domoellr or shoss hoôlllíy or ôyeßlon toffird .n lndlvlduol or 9l0uP ùecsusô ol fa6, colq, rrllglon. eend€r. ôalional tr¡gln. age or disabn¡ly ad ít p6led on wall5. buldln èosrdr, g.rf¡ll or alagtfie r on lhe êempus. . hfin.//rn¡n¡¡ Leenp e¿fir/ndrninistrnfinn/nnliowl¡lplaillåiq¡rimin¡finn/ *.1Ã17(tla Page 93 of 131 Redacted to Protect Student Privacy Discrirnínation and Discriminatory Haræsment , Policies . Keene Søte College Page 2 of6 ' &ròñi¡3iof, lo or 6,sclion ol rudr mdæl ôy ori hdividual is usgd ß ths ù83i3 fq dqcíihß afcdng sn lndlvldu¡ll rmployñoôl tr g¡adss Hêrl!!mnl m.y take lh¿ lorn ol unweþo,no aaxusl advÊi6!, gr.flli, JolÊ¡, p6nk3, EluE, iñruh!, ortat!. romilkE mãdr h tlr€ patson'8 pftsonæ, mlGl€Gnco wüh l¡a g€f¡on'! w0ñ( or ¡cedmlc ll€. v¡nd¡u¡m. sssi¡menl ofu¡pbrsrîl dul¡.3, or 6v€n phyaicål ¡sl8urtdi¡lctcd ag¡inst ony ftmbÊr ol ¡ protactsd cle!!. Fsdhrrs!ñpló3 ¡nclud!: rlPe¡todly dkôcl¡nC racial. hofrEphôbb, 0l ¿€xsal oplthsli at 8F lñdlvEuâl: ho¡gho o nooso â0 plocr h¡fl; p¡hilno h Alrt¿n-Amalcan'a 'noft orrllldsnco r Na¿l rw63llk8 on lhc door ot s Jrwllh ltudont. prû16átor. or ¡t¿Í nmbeñ Eæ¡ledly ssndhg uffi6læmô. sâxuollr exFllclt E-mollmc¡r!go! lo loolhst ruílundfne wih â Oroup and ldunllno ¡nQlhof sludontaboul h6 c her såxusl trlonlalfon oi rellglon: nrfhg unwËlcomc sêß/ql proposlllofìs, sspgclally by a peÉoo h I suF.rvlæry or lßlructor Glsllon6hlp: ßporledly telllng dôrog¡lory g€ndoF or 6thnÞb¡eod joftGsi dlsPlÉi[O lsru¡llt luQge!llv! obfÊc{s or plcluoE In lhe wrtpl8æ axcspt ¡6 thO$ ilems msy bs paft of lg0liimgl€ Dedsgog¡cslpur¡uils; 9lr¿n9 uwolæms huEs of fepoalrdly bru¡hh9 or loudlhg ¡ôaúEr'¡ body; fl1imick149 lha menn€rqt rprrch ormqvrmrnlql an ¡nd¡vidual wfù ¡ dl3¡òltrfy, ot iûl€rlr¡¡ng with lhrt person'e nÊæssary auxll¡rry al& or seflþ€9 (€ C . ntgrpreler. assistivÊ lsfliæ af,lmtl) conlrct3 for AssiSt¡nco !nd lnformotion hdlvldurh tllìo hev! ! oncarn ebout ircldenl¡ or bdrd¡oÉ wh¡ctr mly ænsliluls h¡i¡lsmonÌ or dlsslmlnrtlon lhould æntsc1 eny ol lhe lßtat(ô Olf€rE lhtld brtw lqr lnbrm8¡lqn aboul tì€ Coll€gst dllcdmln¡llon ¡nd haßssm!il| polic¡rs, Bv¡ilsblÉ rupForl 8rfllær, proædurss lor maKng ¡ æmplahl, 6ndlt âs!¡llânca ln rsrolving lh¿ rllu¡llgn iolmslly d lom¡lly l0þkc olltc.fr ' Dlredor ot Hu¿l!9L891o!G4 El!!EE-C!!gl-[rålaqs Conndorllallty X€lne Slatr Collogc Rlll m¡intr¡n confidc¡llel¡ly Khc¡c, end to lho oxlrnl, Irgllly gnd füssnrbly ¿pproprl¡te, ntlh thr fsd! rud! ¡vr¡l¡UÊ only to lhola wiür a comp{lllng ng.d b tnHfo. pulpo!e! 0l hyclllg6tþnortrsolullonolørìplËlnt! Canltdcdlslltycannq¡EUncofldlllonsllygusentccdundorany cfcsrnsûlEss, lhe Collegô ha! e ralponr¡bllity þ rÊt wñs€ i kro¡ys ol r pollcy vlol€llú All porllês fñtludin0 hl¡tr ofûcars, rÊspmlibls qdmiôlslrdlvr otfp¡¡, lnwslloâloE, ¿gorlsurd parlhs, aso!.d prrllê3, lDd ùinô3!cs ¡re rsqulråd to nslnle¡n trídcnllâûty ProcС8 lor liondllng Repoat! ol Dlsçrlmln¡tlon rnd Har6ssnånt by Kêân€ t¡t6ta Collogé F¡culO ol StaffMcmbcru or Contfrcl EmployreJ 8lÉp Onâ: lh. lnl¡k¡ lnbrrl.w Meñþeñt ol lhs sommunlly who havs Èo€n Ìnpg€ied þy unn¿nt€d þchÉvlorú src dlcourågÊ( to ¡ôakfóllêl lrþñ rJú þehilþr Comp¡tlí¡ôlg ¡lþuld conlac,t 0n lnl,eke Oftce¡ Ir ooled b.hu Ïhs hlsks OtÍc€f wlf ¡ltowlEwlhc cfilphlnrflt looõtóh a! mch lnlornâlþn rbou th¿ lllegcd hâre$msût ¿. lô poldblá ãló wlll hlom lhe complalrenl ¡boul lhe Pollclos rnd proc€dsrcs lor iÉndlktc d¡gqlmh¿llon qnd h¡rusm8ôl conpl¡lnt3, heludlng tàa Collrga'! ßlponrlbiiy lo laks Edþn ln lflualfofi3 s{rarâ n b6ìavat dl¡cflmlnallon aod hlrâBrrEnr day isv€ occulrod ll rn ¡lls'ld hâraslcr lÊ knoffii rfit namtd h lht {f{¡kt lnldfvlôw, lhe lñl¡fte Ollicöi sill o¡couragc thr @mÞlôinôlrl to oithct¡uhnll I wriüen ÍrtamcñtdârÊdbl09 lhe 0lÞ0cd bêh¡vbt or ldenlily lhc d€slEd eql@ms ll lhe compl¡lnsot derkes to punuc ¡o lnlolm¿l t€lolsüm Tho lnt¡kc Oficq wlll pel.d lha mfidrnthl[y ollh! compElnent to thô erdenl l.gollÍ etd rc¡sonsbv appropdrtr end. essl¡tliÊ complÉhanl ln pußul0e e conpl¡lnl, through €íhlr lñls polþt, d lhcrg F ¡ polñthlviolalionollhlDpollctorhrqgholhs¡vEnue!¡flhrbehâvlorS.ronolcorcrrdbyttllrpolhy fhc lnf¡ko Oílcefwil¡ compl€le &t lôlâkô Fom on ¡ll ínlÁksr; ¿nd rlrd lo thê âpproFr¡lte AdmlnBl¡allve Ofllc.r Stap Onc.B Submls3lon ôlltrlttan côñplel¡t Thr complaln¿nl mry submil ¡ d¡l€d and ú¡goad compl¡h{ b ¡n lnÞke Oflcår thr €mplsht.hould br ô3 gPecllc o! poEllbl., hcþdh! dÉtr3, üma!, loc¿(lon¡ o dslcdpllon ot Ìhr ¡lfdged hsr.ilhg or htfn://wrvw keene.edr¡/adminishation/nol icv/detail/di*crirninaf ion/ 8l6n.N4 Page 94 of 131 Redacted to Protect Student Privacy , Discrimination and Discriminatory Harassment ' Policies ' Keene State College Page 3 of6 dildiminsto¡ybclt¡vlor,lndthename(3)olthêdlegc{thafasreT(tl Thô61ôlcmcilrnouFld€ntlfy¡oy Foraoo(s) vrño moyhrvc lnlomsllqì lh¡t would bê hclpful lo lhc r¡tduliol ol lho complarnt Upon ncelpl ol 3 wrflten compl€¡nl, ü'ìè l¡rlat6 Onccrwillnâkc r!poñ lo the rppropriatÊ Mminirlralrve Olfier, $ôo wiÍ rculêw lht Compþht. It€p lrc: Routng øl lr¡ko lor conplolnt Rcsolutlqn orpÊndhg on llt drdE! ol lho corÍplaln¡nt, he sercülciy ol thc fcpol. 8rú lhe nalure ol lha ellrg¡l¡on¡, ¡ præcs willÈe ldontlfed ?or rrælv¡ng thq complal¡t; , ll sn sürgrd hcl6s!€r F ftnM bul not ld€nllllad in he lntakc htcrylffi, lhe hlorfn¡lhn wlll þc færúcd dì lhe hltks bm and thr ßada ofu'ìr complr¡n€nl wl0 Þa sddfoc.od ' ll lhr allrgdd h¡r¡c¡cl k unknown lo lh¡ cornpleh¡nt, lhi lnt6ks lnlorm¡lin wlll ba ¡hsrd with lhr AdmhietrEllv. Olfl€rwho will cv¡16ls lhs ckcumslrñc6s ¡nd il spproprl¡lÊ, ordêr ü lny€sl¡g.lion úd addre!s lhr msds 0l tho compl€hañt . ll ¡ writtqo complslnt ls luÞmitt€d. r lom¡lrevlew proccrr wlll bc hlt¡elrd (:co below) ' ll lho ømpbin¡nl do66 not clloo¡o lo $¡bmB ¡ shllmrnl h wríhg, lhc Coll6gs'! r€ôponm wlll dcpcnd on tho c¡rcumôllncc! ¡nd ho complalnqntl willhgncsr to coopcrûtc wllh on iôv€gtlltllon ' ll lh¡ Admlnlsltailvo oflc€f o/gfgoohg tho coñpl¡lnl lc.l8 fhâl lhc alleged lôh¡vþr mat coôt{lulå dl6c¡¡ninolory hrralrmonl an lnvodlgal¡on w¡il bs conducbd lflllhoul a slgnad Elålêm¡nl 8nd lhe c{mplahl will be hsndlod lhrough lh€'Fomsl êotnpl8lnt'proccE¡ dolqlbod þ€low 'ln¡omrindffc¡¡,theAdmlnl¡tr€{lvgOllicsrwilíîilþhanlnlomslr!5qlut¡on,ilth€êlcum¡|.rc$ suggerl lh¡t thl! lypr of reælutlon l¡ lpproprigtG lf !o, thr complrlDt wiù Þe h¡ndl€d by lhe 'lnforinll Cor¡plalnt' prca¡5 de5c.lÞed bElow ' Vlhcn a rh¡dert ¡r ¡oéused ol dbcrimhdlon or dlrcdmhrlory hrr€r!mnl, lho prccldulá oullincd In the KSC Strdcnt Judlclãl Code ìvil ollowrd . lflhesll€gsdlsr¡elofrludcnthgl€€Êmonlh¡ñÀnîberofthelrculty,tìÊVlcoPresldontfor Ac¡dcmþ All¡l¡! and thÈ Dinclorof Hum¡n Rrsourcrr wlll bg nolillÊd , ll ori 3llÉged târg!t ol dud€nl haE¡srunl lJ ¡ ír€fibcr ot lhâ tt.tr, lhå Prhclpll Admhirlrator who oref¡eer lhr divlslon ln $llch thr lndlu¡dualls eñploycd snd th! Dlrælú ol l-luman RcsourG w¡ll Èe noilflad . lf ho rälponrlbl€ ¡dmhl¡tralor h un¡blc ta ¡!!ume lhe dulle€ ¿! dclhed. tlìc Pre¡ldcnt wlll 8!3¡gn rn allorî¡tâ Rcrponrlble Admhhlr.tor .llùìedctcrlÈodbeh€vlorsrr€notgrr¡olâtlmolllt¡polisy,rGforrlloolhrrFo[cleswlllbolllsdo, auch a! lhr KSC Complalrìl and Gr¡evÊn6 procê5s Rolsú End R.¡pon.lbllltl.3 R¡gardlcss of whclher on htomelorlomalpr€cess b ecceg,ed tor pcerCng a complalnl ûô ôr¡m6lDílil¡s! ollh6 h¡lltll¡on0l ropf 6rnlóllvô¡ grg dellnÊd a3 follorvr: ?hc Admhirtr.llvq Offctr ¡rllgncd þ ¡ compl¿lnl w¡E 'fevllw lhc lnlekê suñmsry l€kE nece!¡sry lnlcdffl mcÉtuf9glo pt9tocl fho complohont ond pmvc¡rl Elall¡fþn or f¡ìlcrturon€ w¡lå tha lnwslig¡llon 'rppohl ¡n hvorllg¡lorll nccèorory '¡egk lnlonn¡l Esofulhn of the cqmpt¡ln€nl whorÉ rpproprist! 'drt¿rmhe thr ¡rtlnt ût wh¡ch lhÊ coñplelnt in.€b lho cdlcrlâ lor dlscdmlnstlon ¡nd dlrcrimlnglory h€rsssrìoflt rnd tendËr lhê appropríate adñhlsltatlvc judgñml 'debrmlno lhe ¡pF.oprl¡l€ c¡urre olællon'coflnunlcatg ¡pproprl¿t€ly wllh lhe complrlmnl, lho ¡cc!¡rd. ¡nd lrillkr OlrEtr An lnv€¡tlgator ôrrlgned to asiÌrt Bflì o complCnl rvlll: . Cortduêl s lull, Í¡¡r ¿nd limev hverllgsllm of ¡lþg6d complrint, lncludhg råalon¿ÈlË .lïoÍl lo comboÉlc romcs ol h¡orñllloî . Pr.p¡G ¡ w.llt!n, dalÊd npoÁ for lrre Adñlntstirllvr OfhÊr Forraal Compfaínt P¡ocost fhå lomal empldht pf9ccss lr uscd úlen cllhef I itillsn compþint lr luümltled of wheô en inlþl Êv¡ew ol rñ lôlonh¡l complsht 3uglarts lhrl th¿ ¡ì¡ù,trr ol he lnêidcnt¡ ñBy öa ratcs, pcry€alvc, or ¡duô rnd whs'r lìa accutld ls r empforEe of K€Êne Slala gollege l. Thr Admhi8lrallve Ol¡cor wlll coúdlñrl¿ lnlerlft me¡sf't lo prolod lis coñplglnfll end prev6nt r€lrllrtþn or inlrrf¡rúnø wllh ho fÊvles ¿ lf he allegcd harárrer l¡ € fteñbcr ol. lacolty birgrlri[rg unll. €mpl¡¡ñt proc€duroe oullhed h lhs collcctlvô bâ¡gâlnlnt 6d¡Êâmcûl v¡I b6 þlþw6d !!i¡lr ürr Þmcadutas ¡br ñln¡glng thc conpl¡lnl as rub¡rct to lhe Gollectivt Eatgrhhg AgGlmcnl, lh. rlrndErrl. by rÁô¡Êfi lho sohpleldlwil bo rerlrwed or d¡lermhation! trad! tïffl be coífltl!ôl wih hlt pollûy cnd aG thô !åmô tor tll mffibnß ollhc cûmunity hftn'/¡n¡nr¡ l¡ecnc pÁrr/¡¡lminíclration/nnli¡v/áatnil/dic¡riminqfinn/ fl,ßnnlL Page 95 of 131 Redacted to Protect Student Privacy Discrimination and Discriminatory Harassment ' Policies ' Keene State College Page 4 of6 3 lf tìo lllcgcd hâ66sor ls €rFU! cñployæ othcr li¡n f¡dllt, lha following Frocrdurct wlll bê lollor€d: A copy olth€ ¡igned conplafnl w¡ll bc givcn to lhe a(oßrd wilhln 14 €llnd€rdayr of Is feceþ[ An exc€pt¡on þ thÊ tlms Equironsnt my bê grânltd when bolrr lie coilpls¡nst €nd AdnhlslGl¡vc ofier ¡gr¿è thâl thô coñpl6hl shouH be h¿ndlod allÊr llrG closB ot lhe a€d€r{c æmoslaf. 4 ln ollFm.l complaint r€¡pdsrs,lhe Collegs llEll conduql a tqfland f¡írhvlEligation ol ür ellogÉd wnpl8hl, lncludine a reasonaÞle clh.l lo ærobor¡tc sources olhfomelir idcnlifed bt llê coñpþlnrnl and thâ rccGed The ¡nvosligatþn v¡ll be cqmPlol6d a¡ Pfqrplly as b gosslbtÊ li¿Ì¡ttm, datad, mnfdenll¡l ftôrds wlfl b! mshlqinod lhrougnqul tho lnve¡lig¡lþn â Atlhccofttus¡onofrh€inv¿útlgálbn,thelnv€stþslorrylllprôronlawflttaflr6porlrYhkhr¡lll ¡ncludÊ lhe âlþC¡tions, t¡6 ,êv¡ew prccois, lhe eviden€ ìn lhc s68, lho pcÉu€riven6¡¡ of lhc *idcnÇc, lhe contlltcncy ol lh. l¿ tl¡n4y, ond lhc æd¡blfty ol lhe wllnÊttos and suppqtÌng docuñ€nlatlon. b In c¡tcs wh.rc lhc ruu6od 6¿knowl64ús mrPon¡lbilily lorl¡ô behevioß r6porled, lh8 Adminislratlv. Ollicôr m¡y dþosa lo !uôpsnd lhô hvctllg6torY 3l€p 6 Í lho ãæ(sôd k r K€ona State Cotlogô rFployEo, lhc Adñlnlúelfvo Omcsr rhdl rôviaw lhe lnvôEl¡gaüm report, dotoñlnê the ônrnl to which thr complshl mcelr liG crltcfl€ for harassmcnl, ¡nd rêodcr I Judgñcnt ¡bouÌlhe c€re . ln do:crmlnlnl wlìolhrr dlscr¡ñlnslory hsrssrnsnl !xl¡l€, lh€ Admhl¡lrd¡vc Ofier wlll âvsluet. t¡rô cvÉancc ftom hr stendpoht ol a r€agm€blc Aerson'¡ Eaclion and per6pldlvs undsr lho citcoftlslânc¿6 pte6tnfld gnd mây con3ult w¡lh lsgal cotnsol rnd olhor adrrlnrsfelors to delom¡ne â "foo¡ûnoble p0rrm Sl8ndsd ' b lhâ adnúhltelv. oliær wlll consld€f tho lollltly 0f lhc æmdslnl and il8 cism6larc6s. th6 prþâb or pubfc anvtormsnt ot lho bohåvlor, hr lnlmcl{y tr sevsrlfy ollhÊ adlons. ùe pattern ofbcñåvior and lhs powsr r€l¡llonóhip, ll rny, botween lha plrlies 6 Judgffinl.willbê dalhed os €¡lhor unlourdôd orloundêd E unlound€d. I a , ln br lnlormêd ludgment uf lho AdmfnlstfalfyE omcef, thô behrviof lld ool m¿êt lhe cdtedo ôf dl6ctlmhoüDn 4ìd haras8ml andlor lhe sæutsd dld nnl côñmit lh€ ofonsô, ln thl6 cå6o, tl€ Admlnlslr¡l¡ve Oficer wlll re pol lhlE llndhg h wrlllng lo thr gonptoin¡nt tìq oæu6ed, and thE superyiror of lhr aøsod lf lhc Admíô¡tlrrlivo omcgr dctcrnin6 lhrl ù6 Þehav¡ôf ln que6llon ls lnopproprlâle, svcn lhouel ¡lmsy nol meel the crf,af¡s ol d¡æriminatþo ¡nd haôrsmalìl, lh8 Adm¡n¡Élmllv€ Ohitrwill mpod lhg fndlno¡ lo th3 rupcflitor 'fho Admlnlsirôtlv¿ Omcrrmây Impo36 apprcprt6lc !Ðnctlms batad on lht n¿turê ,nd lauerity ol th¿ ofemê end thc exl€f,t 0f tlc fhdlntt Any Sanclþn3 fmpos€d lhould !ô dtro 80 only in consulât¡o^ wilh Diroc,to¡olHonan Rctor¡16r b Fourdôd.lc.lnthelnfoflfÌedludcfncnloltùeAdninl6lfâllvaoffcôf,thcÞehaylofdldmaetthÉ c¡iterb ol dlscrlfihatim d hüasÊ߀nl and was æfÍmitcd by lhe occr¡ôed Ths Admhlslrellve Olic¿f will6mmuic{¡lo lh¡s dccl¡ion l¡ w¡ìlln0 lo lhe 6mPlohanl, he Écculed, lho dlßd supæ¡sor of lhc ausod. ¿nd lhá perlonnollil€ of lh€ scÈled The Adminislml¡yo Otli:Ër wül dllêrmlno oppropdâlr teñcfoN b¡sod qì lhr nolufo únd r€,r6flly otth. ollcn¡o Bnd lho extent olthoflndlngs Sgncllonsmeyhcludobulåronollkni{odtoalìorslorwr¡llonæprimånd, rua€dgnmcnl d dullês, mÊndátory æun!cllne, úuspônr¡on w¡lh or w¡lhoul pay, probEllon, or tômínatim 7 AppqelsrñdGrfsyrncêslllhocomplsinônìl0dt9s€lisfêdw¡ùlheludgmern,hcorshcnroysubmls wr¡¿16ô âppérllo lhô Keanc St€lo Colloge Prôsldcñt wtlhln l4 celcód.rdâtú ofrccclpt of lhs wril€o l¡ndlog The Pftsldant will rovicw .ll doffienl€llôn and mld¡als €nd matc ¡ llnrldcl¿minll¡on Acfrtôd lod¡uïusls havo lho rlght to sppral lhôludgmont ôgainrl lh6ñ using lhe approprHe grleyãnc€ procêdures. fhc€s procodule€ !m flosc{lbed ln lhc KgC4q coll€cilvq blrgoinino a0r€cmsnl (laculty) sndlhr smploysG Cornplainl and Glrvancc Rssolulldl Pol¡cy(!tall) f nformal Complalnt Procogs The æmplahrnt môy r.quest lh6l lhc College sôek lc addfers the cmpl¡int htomafly 'ft',s p(occsS, WÈlle nol "forñaf h t6ms ol lhrs pollcy. ls nol É9u61 or l,ltcn fæs sar¡ouslt lt lr oflrn u6ed in ûore ElrqrmctanccÉ when ¿ compl.lnsnl doat nor nlsh lo 6ubmil a 8l¡nad c¡mplaht bul wants lhe bch€vlorlo alop. whon rn análys¡s revêEls lhat lhe 6itugllon €n bc re¡olvEd llìrÐgh @rwcrEsllon tr ohtrlnfomal ând dirocl stôps, or wàen the faport otdlúcfüIlhothn of harassm€ñl l¡ recelvcd frcm r lhlrd ps¡Îy 8nd thc ¡lloeed vlcllln ls qnwlllhg lo pedlclpsto h thc æmplalnt procêss A! h lhô ,omrl proæss, lhô lnl¿ke Ollærwlllrcport lhe ænclrn lo lhe åppFpddo rldmlnþllrllvÉ Oílcôr fheÁdmlnlslñilivc oflc€r will rvalu6te ll€ lnfornallon and délemha lho approprlae ooursô of€c'tlon K€ano Stsl€ Colle¡€ hå6 ¡ rssporulbllity lo lskÊ actlon h situatiorE *ôere n bclloJôr dþcímln¿llon and harrs!menl mBy havê ôcqrcd. evon whan fo writþn cômplaínt has bâcn fl€d Cou6aú ol âctlon ríay fndudq: . ássisl¡ng lhE @frplalnanl in âddréúhglhs prcblen dhcl;y wñh lho Flren whosc behav¡or l¡ ¡n quêslbn lh¡s môt bô accémp¡rhed ollhcr throl¡lh å oÍe{n€né úr¿lhg, phona øll, or Þttcr A cor¡p.lnst ls ncvcr rsqulrcd 1o confront lho pêfton Þelhv¿d to Þ¿ dlrstnln¡tlng 0rhêrâsahe . addrcas¡ng lhc poÉon hñore Dchovlot 13 in quat¡r d¡rcêlly or indÍeolly thadJgh lhál indivldlol'6 SUPaMsor hftn'//www l¿pene edrr/a¡lr¡inistrafinn/nolicv/deJnil/di.se.riminalion/ LtÂnil¡' Page 96 of 131 Redacted to Protect Student Privacy Discrimination and Discriminatory Harassrnent ' Polioies ' Keene State College Page 5 of6 . Eppoíntlng sn hrs¡ligalor ¡nd pÉcaúdin9 wüh tho tomcl prccÐt¡ do!üiÞrd ¿bovc llhê ldom¿lion lnd¡c¡l6r ô poÚlblc po¡lrm ol happropdole cmductorll lìq coídud fr ¡udgrd lo Þ!t €crlouo, lhe Adrdnl¡t,ctlvÊ Oflclrwlll: . rdulte lh! su9dvlsor of do€n ol ñF þdgmont . +poht ¡n lnt g'l¡glloi ¡nd F¡s€ld wtlh lhs bmcl proEss dcscrlh¡d sbers ll thô lnlorñtt¡on door nol ruggrsl lhq 6ndilc{ r¡le3 lo lh! l6vûl of dloc¡lmhgtþn or dl8(¿llnhslory h¡ãsmnl buf üre b€h¡v¡o¡ i! olhsrwlss ¡udged lo bs lnspproFr¡el€ lhe Ollkd wll dlÍ4!¡ ^dftinlstrátlvâ thls compþlnl wilh làa.upofllsror d¿Ðn. ttro ¡ñ lum wll ðddcs. llìc dllcgcrl incidsnt wilh lhr ßcÉ(!6dfo onõuls lltdt lhg occulcd undãsl€ndÉ exFe€,tallons for spprcprlsls bEhavbrand lo arsm ¡pP¡oprld! ¡¡¡ct;onc rrc ¡mpotrd . lÍ lho nemsd lndlvlduollr on 6mplot¡€s othrr lhú a tsillty mlmber, rh8 ¡sPeßlsof wlll dodmsnt hls ol hsr di¡curr¡on nrlh tho smCot€€ ln € lstlot lo lhe cmpb'lc'r pe r¡nancnl p€ßonnll flt Ths Admlnl¡lrôllvo Olfic€r or Clacl rugsN¡¡orm€y chooso lo lmpose Eencl¡ors forlho lnspDÉprhlc Dohrvlôr h coll8u[âllôrì wllh Human R€¡ouloâs .lllhr!cð!Êdlr¡ñ6mÞcroflìóhølttEFe!.n¡dby!ællectlwb¡r¡.lnlngqnil,antr¿d . ouldcllne¡wlllbaf0ll6!tr€c. llme Llmlts Frfompt rÉporthg otdlsslmhallon gnd haa¿ssmrnl íú ¡n lhr blst lntrrtsl ollìr êntbr Kr6na Slalo Colla0e Éonmunlty fld lndþtdusls m !ncouruoed þ reporl inc¡dsnl¡ ol allogod dls€.lnlnqtion ad haEsmônl ln s lhlly fschíon. [email protected] slells. prorrldad wllh 60 deyt lo nþ r lom¿l complâlnt Sludsnls 9r€ pEvfdèd with I 2 mnlÀ¡ lo fle . lormal cffiplrfr{ Undsr spêclol chcunslrnco¡, th! ÞrlîGlp?l ¡dmlnhlr¡tor mây rcivo lhs llme llmlt¡, *tran dohg so s¿rver làs purpo¡st ollhia pollcy The prhclpel ldmlnist€tor wlll domonl the faâs6t lof r¡Ælr a drc¡lior tnd coñwy lhe lnfofmollon, ln wrlthg, to lm Éompl¿hsrl €nd lìe ãÉu8sd Non-reürllrtion Retaliallon {galnst an¡on€ repolhg ! har¡rsfii€ôt l¡tus i¡ llrldly pßhlbilad ReFrigals ürllalhllon agth5l.ny p€¡8on feporlhg dlærftnlnstlon ¡nd h€r€ssmaÍlôr brhglng c compl¡tnl oldl¡érlmln¿llon ând h€reslm€Ít rvll idt þ3 lol€r¡(ed. shetìÊr ôrnot tha cofiplahl f8 ultha(elyFúood lo b6 con¡lslcnt trlth lhe cdtrrí¡ CrÞmhlng hlraôrmdll Krenc Stslo Collsgs rlcms lhc o:ght to dbclpÍnê lndÌvitÍJáls rfio argroe ln roy ad¡viy drllmi'nrd b b! Ët¡ñetory F¡lee Clslma . lnlEnlion€lly f€lr! clrtrr ol dlæd¡rhslbn €rÉ hrr€rrmonl wlll nol bô lolárolcd No comFl€hl wll bo conr¡d!t6d t ls¡ rclrly 6rw¡a llcennol ba cmobor¡l¡d Kaeno Satr Co[êgs rcr¿flcd lho dohl lo dl6clplln6 frêmòútt ol th! Côllsgs c¡mruníly who fnlsnloñelly bfto laf9e cômplrlnls of dlscffrhsllolì €nd h0f€0€m6nl ll rvldañcê lÊ Fßs3nt6d rhll rxonôfEl€8 ftn hd¡vidu¡l wl|o hsd baon buad ülpontlbL lor rngaglng lÍt h¡r€ls¡ng b3h€v{or!, l(reno Slalr Collc0ê wll tál(e ocllon lo rolloru ths rlslur ol lh6t lnd¡v¡dúol, trrcludlng ?cmôulng documrnlst¡ñ 8bd/t lha odghel comt¡Elnl lrcm hlr or hff prrcornrl nþ EmÞloyês Obllgellôn !o R6port Âny rmdoyee 0f K€gnr St¡t€ Colþge who obsorvÍ dllcrlñln€tory or har¡s¡ing bshillors d wùo roa¡0as lnlomalþn thst such corduclmry h6€ ocilrad lr rarponslùle fcdl6cu!6hg thlô kfomlllon wlh ¡n rdñhklrstlve conl¡d Employosa ln H.8llt Sütlc€s ¡nd hÊ CounÊÉlino C6ntor. €G r,yo¡ a6 lhr Þsycìlstrlê nurso praclltloner, aË oremFl lmm lhlr Þpodlng reqrfemcnt srhcn lh€ hlonn¡tfon l¡ prosldeC to tÀ.fl wilhh € pdrleged mcdlel or counrrllng f6lrtlonrhlp ¡nttke Forms f\Érné Slet¡ Colleoo wfllmhteln rocorúô 0lelldlsq¡ìrinalron End hsãssmsnt refoÍls lo lCenüfy crmFgs ngrdõ tor hlmatfun fld lrsfnlng onC posslù16 p¡üsns ol dl6dhn¡natlm or h€rs¡¡ing bchavlq lnl¿tc foflns wllf rufn¿h €nnd€nl€l ond will b6 mahtelnúd by lhs lqllwin0 ind¡vidu6l3: . . Th. VIcr PGsldÉnl lo¡ Sud¿d Ale lrf whcn th¡ rllogrd hælrr ld ¡ tlud6rl , Tha Vlcs Proddenl tôi Æ€dcñb AflálÉ t¡rien thc ¡ül6ged hara¡ser l¡ c mêmbor ol thc lÊrcilrìg rtañ . lh€ Dl¡Éttr ol Humt1 Rcsósrcoa nhrn lho rllc¡ed h€rÊrlor le c otâí mefiòcr . tho t/bs Prældenl I'of Flnan€r and Pþnnhg whrn lhc Elfogsd hrÍaæer lË 6 msmbú ol conlËt íef Annuel R€port httn://www. keene.edr:/admini station/oolicvide tail/disorimination/ 8/6120t4 Page 97 of 131 Redacted to Protect Student Privacy Disc¡imination and Discriminatory Harassment ' Polioies ' Keene State College Page 6 of6 RcsDon¡¡ùlo admhþrolor! wlll proylciô EpoflÊ of o€ch hcldsnl !r dotqù€d. Tìo ol¡ac{or ol Humn RoSoufc€ ãd llto Chþl OmcerbrOlv6¡¡[y 8nd MuñialluEllsm wll pleporo 8n tnnud rummõrylo ¡e llvbwgd òy thr Pßlldrnl tl ghot¡Ë lbl t[ htornôf md lomd dlscrimÌnrtrtn md h¿rar!ñEll6ñFllints [wfllnotlûclude 'toole€d,lhagcncfclnalul!offhcclna€m,ondoulcoft68orcüthuinl¡l¡t{¡¡ lntomsüonBñlcildrftlno3üIsconplEln€ntcrrcc{¡rod lteFurpoæqlftlscportlstt¡ld€r{¡lyPcsibl¿ prtlmr ol inrpFrcprbte þahoviqr and to ldcntlfy ffiF¡r noed! lorlnffiÌ¡üm, ôdu€lbn.lrainlng, ond Fotrcf cåil¡s¡. E About this Policy d¡ Olscni¿¡h!!'Ø tnd Aìsctír¡tlñ alo,y Hâtt$ ¡nôûl Own6ßhÞ: llr¡m€n Rt!ilt€€E Lasl R4ired: sepl€mbef ¡¡1,2{¡13 C¡tegories: !& Forqærliøs Egrrdlhglhls Poqcy, Ptreaæ conl¿calta Pofcf gwt ¡-900-tGC.1909 ¿¿9HalnSt. Keene.NewHañplhl¡e0l,l!5 a 20t l tø6. sl¡b cot5g. K.rr! 3hN Cdô!. b r ñlmÈ.r dhÊ UnlrqClt gyl!¡rof Ntrx.ft¡lltr htt¡ ://www.keene.edu/administration/nolicv/detaiUdiscriminatior/ 8t6t20t4 Page 98 of 131 Redacted to Protect Student Privacy EXHIBIT G Page 99 of 131 Redacted to Protect Student Privacy Drl¡ncy, lllichacl ¡ffir: Scnt Mondry Ju1y28,2014 ¡"¿8 PM Tc: Delrncy, ùfchael 9ubfcct frrd: Fw: Men'¡ Basketball ''Sltuatlon' Hcre is the letter th¡t I e.mailed to Nerv England College staffin Junc of 20û2, tb¿t we discr¡sssd when wc spokc a few weeks bach I will forwa¡d you anyother e-mails I find th¿t I fool could be useful to yol¡r invcstigstion æ well. fuiy additional qucstions feel Ê€G to ask Forwardcd mcsgårc -..---¡-. From: Date: Mon, Nov 2l,20ll at l2:ll PM Subject: Fþ: Men's Easketbalt ilSitu¡tion" To,- Sublcct: RE: Men's Basketball nSltuatlon" HelloJ I wae sadden to read your l€tter and wish that we had known about Glno's ac{ions ln time to prctlenl much thal has happened to you and ttp other players. I willdo alllhat I can to Eee that lou aro ellgible to play basketball at NEC this cornlng season and to help you b contlnue on pâce for graduatloñ. pteaia lãt me know a good tlme to call you tomorow so that I can be clearer as to ho$, we can help you keep on paco for graduatlon. Slncerely, Joe Ètrlck To: Petrlc*, Joe Gc: Runksrneler, Lorl Subjecü Men's Basketball "sltuatlon" To: Mr. Joceph E. Petick, Dcan of Student Affair¡ CC: Ms. I¡ri Rr¡nksncicr, Director ofAthlctlcs Page 100 of 131 Redacted to Protect Student Privacy Mr. Pcûick *sih¡ation" I an writing to ¡ou in reguds to rhc that ¡ross witb thc Mat's BaskÊtball tca¡lthis past¡æar. twoi.aaityÈom9to5,soithæbcciltorghfcmetofindtimctoeall¡'ou'soI Egrcd utrítïng ¡n e-mail would bc nry best option. t am stiU very touch * ttre fcnce abort retunring lo N€il¡ England College this corrrming ftll. I I wotld gct to cüte to Ncw Efiglånd Collcgc æ a Ean¡Ër stuañßt tfli$ vcry higb ho,pcs. _ q rülr¡l æhoo1 'GOnI¡nU€continuo my bæ[cO¡UDSSKGtDSlt CSnAÊrcrrrã ¡n€rrftcr t ZAJEEI yEE[ hiatuc,ruAIU8' I COUtgcoul¡ttãam-up rCA¡n Up wttt 6a fom€rltru¡s ti$¡¡¡F¡¡ È¡¡s1 .. tca¡nn¡tc and close Ëicad ¡n I I I could major in Spcts ManaCgmgoq and or. top of alt gI¡E rrrllrN¡:U tS U¡e Slma macËf oI $rËe vgqrilIuenual FcoPlG ln my D¡t¡t tsI¡eu¡ "*o*, I q@;ãiffiqui-Hy. iüng a natívc of thc lrus llasr yesr EEE narc gc.ãi æ i: å¡ot¡õru ¡s iti¡, Thc aildc¿ pre¡Gãäcing consistantly and wcrly æxually hamsscd by r pøsou i put ny Eust in cvcntually madc it too hsrd to hsndle. Ño person shoi¡t¿ tra'æ to go throrrgh whal Gino Vollantc put cach and cvcry ono of us tbrot¡gtL I still h¡vr not to-kl ny põcnts what cxrc'tty Cinä said to myælf ai wcll as lhe rcst of the rc;rm. ney Uow itrat hc wif no longer be the håad coach becauie hc "scxually h¡nassed ihc tcatrL" hcwev€f, that is ¡ll theyknow. I cãatpossiably tcll them the ex¡ot wqds that wers said. It's too e'mba¡¡ssing fsr mc, t thought iU it woúld take *æ for roe to go hme and I wo¡ld g9t ovø úre depreosion tñat t n¡¡ù into dû" ¡,ot w.nt alon& br¡t t as wrong. Yee, it has- ãcfünetly heþãd being houre, but I am still f¡i ûom recove,dd ÊøD thÊ situation, I do¡rtt know íf I ever will be fi¡llv. l:ffi1Lffi ,*'#:i",l:t fi Hff #.;:fJ,frl;x*rffi ;' Sä;wiË::. ;:tl"m*iä::.i.îil.ã'* as Assistant to the pÍr€ctor offS-u¡n¡ner ho8rams, one of thc lægest sunmcr ¡trogranson the East C;ost. It $,as the respor-s¡tiliry üat r wai hÅndø in both of thsge positions th¿t madc me to fccl os [email protected] to gCI;o æbool ig¡in. Origiaaly I was Soing to try and get readmitted roiow'rfu nitue¡oeãytuoouto_-tírreroopicoltdntþosoiabþg9trn¡ou I needcd to pley agnin for a tcau of their lcwl' Browsing ttuough otltcr schools th¡t had Sports Manaisnoûiae 0n option, I camc upon NFÆ. Ituowin_g that I wa1 al¡catly thero, and that fc urinfo¡mation team, rilithin a ws€k mit a hal4, a visiito the c-ampus had beor anançd. I had I gTaltfe h¡npg out with the tcam, rnd i rvrs sct on corrm'iog to l.lEC and rosuning my badcctb_all cæeer.-Myprcnts sent out tbc dcposÍt, and I wæ on my way. Gino woutd C¡ll quite ofren to talk about'vi¡ious things. Somctime in'Junehe started iUpp¡ie in thingc of r sçxu¿l !âü¡r€ into our convcrsations. Thõ quantity and csntent of tbcse things started picking up as $¡ suqf$ wont along. I storte.d to çt a üitle conoemed, b,ut w¡s too-ønbarastcd to say rnyüing' Topics gamcs-do. di¡cussedãtartod with "y-ou dont havo any ptôtl*t going into the showerc on road you?" and progessed ûórn thr, lnto ttrini¡c'st ch ut itfini me about porno$aPhy, mastuttation' sexual experiørces, and apecific features ofmy privatc areas, Tbl¡ coniuct continued ttrougþout the fust sctnæt€r. Ar thc year wøtt along and I got clorcr to my t€srmatÊs, I eventually tc-cmed that I wa¡ not tha only onã he was doing this to, lt appeared nI rs if evøy singlo person on the toatn was gotting ttn samc tcahcnl ¡s WCll ¡s the trust ]ou more th¡i rnyä" on ths tc¡mñ and tyouÈ the õnly peoon I talk to ¿bout thorc thinp kiddo" comsrcnts Utát to gave each anA overy one of u¡. iiþ t*ore teaving fo¡ Cbristmrs bfÊsk I rrciwed another p[one c¡ll. Gino wõuld aall all of ui m a ¡cgular basis. I would normally playø¡ in putiq¡lar, æcieve rtul-dple lbne call¡ ¡ week. Sone on the team, the yóungø . ¡tcierr€d mutùptã- phone calls a day, mrny comming at iO:¡Opm ot lster, Dnting this-p.tfïF phone ccll, hcãnci apin attcrnÉed to init¡¡te a seiually expiicil convcrsation. I omfionted him 7 Page 101 of 131 Redacted to Protect Student Privacy ¡bout it, telling him how w¡comfortable I wæ strd how I thought it was inappopriate. He appologized, tied o mako a joke about it, and then quickly 'lhad to nrn." lãi¿ not recicve a single phone calt Êom'Gino o'ç Lttisúoæ Bresk, wherc æ he called some of my tetûnet€s almosiwèry singte day. li¡¡hen I rÊtun€d to campts I te¡¡¡ed th¡t f I iii ji"i:**t'Jiffi ffi *Hi#iffi $'J"råff T,'åTî'#,ï.,Í'H"n ñi[-of tlrosc playerc, I oxpectod to s€e m increæe in my playing time, I had plapd rouÈtl ?O get 5-I0 mínutes pÊr carné backing up l¡rid I !4qþ Ch¡iltmas Break, I was lu*y to minutes a gmre aftmrards, wittr totli'furd J no longer playing. Thee wat games where I welrt stcpping foot on tho corut, entíre b¡lfs or weri thc fitirc gFwittrout ! - f, who had also stopped talking to ciä ge reftsed toïnsi€r his phone), also gfw the ffiõìlecrease in playing tim€ úrat I d¡d. Together the tcro ofus found it very odd that the two peryle who wc backed up weru no longer plãying, and ow ptaying time got gut in half at best' Fron tte timo of the last gamo of ttre sãæón, upitntil sp¡nÉtieatç ¡ t¡a¿neu¿ from Gino only once. Therç were team ¡rieetings that I was never told åbout, "rundatory" fuictione that I didn't wen know were occuring. At úe same time æ hc wæ completely and utterly ignoring m9¡. h¡- He wæ arking I *d II "what'a I durl, is he going to play next yoaf?n complacty ifrã me aETFtout oud tri-notto r¿tk to ms about Jexually cxplicit ßaterial srymo¡t, urd then tried to plåy it otrto my toammat€s that ths rcason why I wasn't at thc¡e team meAingr and fi¡nctions was compleÞly my doing, Wfrile all this wag going on, I baiìidy-coddotef lort it. I stopped atteirding class. I stoppod- going to the dinning hall. I bccame cut offfrom werything that wæ going on around me' anrl wæ content to just ctt in my room all day by myself. i rarely got more tha¡ 2-3 hor¡rs of slwp a night" md that was on tho good days, I wai miierablc up unti[ttre time I went homo for sprÍng break. t had a very good time over sping break, seeing all of my ftiends, gstting as far away ftrom Hcnnikcr as poidable. Whetr icaflie back to campus, I wæ ¿ little bettcr th€ri how I wae beforc Spring Break. I still had some of lho aure s¡,mploms, but was tlcternrined to work ffifrtr:ffi*i:,i:Hi#n;ili,iltriffi å'H"tr#hä',H,f 'tF I nturns¿-on Sunrtay April ?th, urd immediately got phone calls ftorn I I,. tolling me about "what Gino wss talkíng about now." All tbe while when I was boing ignored, my ternnrates, the teshmør in pa¡tioul-ar, were getting it much much worss tha! they had in the you pasl Among things I was told ùas gaid to differãnt people were "do you get a¡rouscd whe'n ñare kiss a girl,r' yõu hard rìgbt now?,n nwhen you gõ iuto the show€,îs aftor gamæ, who's-the_ biggost and who is the smalieet " and "how big a¡ç fou? gct hud and go get a nrler'" Over the nexf day and a hal[ the tean met mauy timc fying 'ourselfto decide what to do. While we wero debating who to tetl first,I riho wæ nõt involvpd in these mectings, took it uponhimselftocallGinoa¡dtol-lh¡mwhstwEwerodebatingondoing.Amætingwasætttp for the next moming Tuosday April gth. At this point we confronted Gino about what he wag doÍng, He immediaiely tied to makç excuses for-himrolf, eayíng that he didnt realizç what he was doing aad it was just a way for him to got closø tro ut. io mo, it imrnediatoly lookcd æ if he were tsying to save himself Ãom the touÍle he knew he wæ in. I fourd it a very hard pill to was ¡wallow that a grown man, a ¡reyc.hology major nono the leæt, could not tell that what he doing was wrong and unacceptible behaviorfrom a pcrson in a position of authority. I baræ no doubt in my minã that he knew eractly what ho wasïoing all along, and atso that he would have atterçted to Ey "somsthing" with one of us. A¡ the mo€tingprogressedit appearod as if he wæ tsying to rlide though fhc cr¡ckg o¡ this on€' once again using thé reversc põycnology tbat he had úseó on all ofus as long as I h¡vet¡rown him. He kept Çingto say hõwhe deserves a second chance. With a teanmade moetlyof ¡oung Êeshmcn aad sophomorss, no one would st€B up and say what weryone had prwioræly 3 Page 102 of 131 Redacted to Protect Student Privacy had ageed on, tbat hehad to go. So I took it upon myself to kind of take ovcr the mecting, for sor¡e of the tnost vocal peoplõ príort to lhe meeting, i.". I remained de¡d síl€nt tbtoughout ûe e¡rtire orãeal-. I ssk€d Gino n le¿vãthe roolEãd tbe team once again if wcryóne felt lhe same wa¡ the majority still did, go we inviiod Gino back into lhc room, ard I told bim thet us comming io him rither ttran make a big stink about ttre ordeal was his second chance. Thc mceting €ridcd with hirn ageeing to 8t€D iside'¡rithin thc next couplo of- wEG¡Ar. ..¿¡t*r urür 0¡1yr w¡.,lou( leuurg är¡yog. €tsG on uro ,*rrr, J -r. I wcnt to L¡ri to fill her in on wb¡t hrd happared, fearing that Gino wouldnt st€p aside- ts n€ sÜo he would. I would later do û¡e sañe afteihe saw Gino in the csfetcria with a rccn¡iÇwffihe'dstepaway,IwaguP8etatfirstbec¡uscIwashopingfortheentire episode to be over afrer ttre rneeting bui upon tniriþng about il it was the rigfrt thing to do, and we all should have gone rÍght to adminisration from rhe very bogining, 'lhe ads¡inistration tnows eer¡hing that happened from this point on, so I will not gO þto fr¡rther details upon that, Wt¡ait w¡li oay is ttrit in the weeks fóllowing the meeti"g, ll the w.ay tilt I left üre schõot, I su¡rk bi¡ck into my old ways; not making an atternpt to attend clase, rarely leavíng my dorm room, having a ræry ditficutt time steçing at night. It may have actually been p¡ge wittt worse tlren it was before spring Urealt, I m¡dc a brief attimlt to Set Þcklt the right m-y ciasscs. tr€€trrrE r*rur ruro õfrny gIoi.s- -o I I_ way r-5 r'c;1 advisor. They wøe understanding and both said tbey would do what they cou¡al to help mc g€t back into thelwing of things. Holcver, the shecr fÀct alone th¡t here I was hrving to explain to rny professors ttrat-the reasõn I hadnt bcen attending classes was becauso my basketball coac,h had been mentaly abusing me a¡rd all of my teanrmates just was too much for me to handle. I was a meBs for the rem¡iÃder of the semesier,- countingãown tt¡e days till I could finally go home. I ditlnt go to class, ¡nd I didn't take a single final, I was etr€sscd out to my breaking point as it was, with the added stess of ñnals anã papon, I don't know how I would h¡ve rcacted, Once I ffnally did get home, I wsrit straight to work, hoping that being in th¡t famili¡r settirig would suap me out-of wer¡lthing and I'tl-be able to get ón ùi*r everyttring. Tbat has not beeri the case. lVe been bettø, I hai,e my good days, but I still verymræhbave my bad days' l.t is_ effecting my job as well, I havè miss€d morc days of work alredy ln the few weeks that fve been home then I did all of last pu, whcn I wori Page 103 of 131 Redacted to Protect Student Privacy I ¡sked this or¡cc bofrre in tlæ necíng ü¡t we h¡4 ¡¡rd now I will a¡k it onsc agaln I fæl $et an tho oaly rcoæn why I wu not n¡cccsfi¡t wilh my Erdes thls ¡eocstø ls ilue to tho astio¡u of arthorityfigurocoplo¡ædbyNcwEngfandColloþ, Tbcrob¡slanhopingth¡tthøol¡ romAhing ürat the Ãrhtnisú¡tim can-do o rmedy this ¡itu¡tion so that I cen conti¡ue on th rme pace for graduation ¡¡ I wæ on befotc üis sácatcr, sril so thrt I cm be eligeblc to plsy bækoÉall for o¡¡ lart æ¡so!,I-- ¡o hopqñrlly I cu relre¡eni Ncw Fnglmd Collogc wiih thc same P6tt b8vo, aad hctp üase thc t¡rnishcd imago thrt Gino Vdlantc h¡s l€fr oE ü€ c@Pul. ltrnk ¡ou for lour conriilcretion T=Sinecly, Ilo You Yrhool? Sip-up for Vidco Hi8ürliSh$ of2002 FIFA Workl Grp Page 104 of 131 Redacted to Protect Student Privacy EXHIBIT H Page 105 of 131 Redacted to Protect Student Privacy F¡ilr! rl-' $nt: Monda¡ luly 28, 2014 I28 PM Tc Delrncy, Mlch¡el Su$ocl: Fwd: Fw: Men'¡ Ea¡ketball "Situation" when wç Hef€ is tbo letterthat I e.msil€d to New Eogland Coltegc stafiin Jl[to of 20@, tbst ws discrsssd spoke a fcw weck¡ ba¡,k, as well' I wlll fonrarit you ury othen emails I final lhat I feel coulil bc usefirl to yow invesdgation Any additiond questions feel Ëee to ask. Fo¡wsdod _...-_ From:!- nress8qe Date Mon, Nw2l,20Il at l2:tl PM ro'-Ilf'-Subject hv: Men's Barketbs[ "Situation' --- Fon¡ardsd Message .- *"mrffi#From¡'Petdck. Joe' Slncercly, Joe Petrlck Page 106 of 131 Redacted to Protect Student Privacy EXHIBIT I Page 107 of 131 Redacted to Protect Student Privacy Off!æ ol Hr¡¡rn Raor¡¡æ Mmr¡crnãt IGcnc Strtc Cotlcgc ¡¡9M¡h9ü¡ lüGr,lrlrw Hm¡¡lrln- 03ßsf60l l6iIþZtl Dr¡ llt{t!.itß vm,l¡cr¡du/lu Iurc 22, 2005 Mr.BupoeVrlbntc 3El Roxbu¡, SEEcr KcÉ!c,NH 0143t Dc¡rGi¡a Wclcqac ro Xccoc Snæ Collcgel jolnlng !_9 yc gleucd yo uc ur æ Mrarpr, ltght Owl Crf6 bctlnd$ Dund¡y, J¡æ 3{1, 2005. Tlii¡ ¡æf t¡t P¡ofc¡¡io¡rl, Adrúh¡stntiÌ!, Íocbto¡l FAI) ¡ppdntmcai l¡ bs¡cd upoa ous fircal year bcgiD!¡n¡ cæh luly l. hrtiørlu cl.r'cou rpl¡tcd o yor rppõliunart trrcludol . Ar r PAT' lt l¡ *gccted ür pu wlll wøI r ol¡l¡u¡m of ¡O hor¡n por wcck to tcc@Plilb you¡ rcrpedtüliticr. ¡ Your ¡lp¡oxirde bi-wcokty.erlary nte wllt bc gl,l53 o¡Icr¡ldc¡l on ¡¡ s¡r¡r¡d r¡tc of t30,01þ. ntt¡ c¡lcuhtion ¡¡¡r¡oc¡ r 26 pry pcriod cyclc. r You will bc cligiblc fcr dl úiuge touçfirs ¡v¡ltrblc o PAT ¡t¡fi ncnbcrs. A copy of tüo PÁT If¡ndbook h ¡vdl¡blc ø.li¡o ¡t htto://r&wËtcone,odu/b¡tllnl¡,cú¡. Itc¡e will bc di¡cnclcd lr Orlcat¡tiqr, r &l tbl¡ poritio, you nill Þ ¡qqd¡g dircctly to hul Stlffoti¡o. I bclicvo yoE hBvc hrd ür olPottt¡dty to dl¡cu¡s Uc relpooOtlitiì¡ of thc porittoo rryith hirr r¡d tlrc ¡æ¡úorc of d¡c $c¡¡ch Cmnittca You r¡c ¡chcduted fc O¡iccurtio¡ wlth ll¿¡ürcr Mc{lacr rnd Krryn Krnh*i on Tucrday. July 5' 2ü)5 ¡t 9¡dlAIl{.1?00 PM h ürc Ofñce of Huru¡ Ro¡or¡rr!¡ lc¡c¿ U t¡c trbtc Anncr bulldia¡. Du¡l¡C thoæ tinc¡ wc c,ill di¡cuu bcnoñtr ud groccre rogulæd docur¡¡ntr. You rnd your rupe*irc will wak tq¡cthø fo dcft¡æ you pcrfcmracl c¡pæt¡tious r¡d r æhpdulc fc rcvior+in¡ your pcrftrnlrca By policy r¡ outlhcd inhe USU¡I pol¡cy USY V.C.t.l, ¡rofcrdod rrrff ¡¡cobc¡¡ ¡c nviswld ¡frcr r 6-mth htoductoT paiod uú unurtty ttr¡rc¡ftcr. Tou nry ûnd dditloqsl l¡¡fco¡tio¡ ¡boot K{lC bæcfr¡ rø ÚSiIfI crploy¡læut p-oticicr on ou¡ rveb¡itl lt: htto/wt+,l+,, kcsnc.cdurlr/. A¡rh, wrlcøc rnd cor¡ntulrtlotr! olt your rppohtannt. I look frmr¡d o ræotlng;ou lh!- oPPútt¡¡tty to toppqt your rrnslrioo ro K-æ¡c Sürr Co¡lcgc. Ptcræ crll Ec il 358-217? lf I cr¡"nl bc of r¡¡l¡[¡cc, thccnl¡ Kiobcrly T, Iluhrcra Intorln Dircctc of IIr¡u¡¡ Re¡orrcc¡ Vrfi,f'#b*"e'tt B¡clo¡ruo¡ æl I)r Cqin¡cKolpdçVpSA P¡ut sriffolho Þ¡ro¡ucl Fllc Page 108 of 131 Redacted to Protect Student Privacy EXHIBIT J Page 109 of 131 Redacted to Protect Student Privacy ø2lr7lzøt4 LLtãB Ë03ã829?eE ÍEÊHæEHIINEL PÆ' ø21A2 4ff' J2t¿ 7 5:i$*er, !anuary23,2oo5 tr2o prrr åiljlffiffffi stwenÉ'lohn i R'unksmeier,Lorl As a former grudent ¡nd athrerc¡t New g¡eraad corlcac , I rm drsgrsært rqd ournæ4 0ut Olno( agail atloyod Y3.l::,1 \ rr t* irr"ol"à-¡""."i'[co-.Àiåiù now u atro¡rcr¡r for Kæno il".{^ütüt,1lTr",::,iïff ::r¿"#iltr#il5¡iî*å':ffi fi ,mï llj-9_ly:1":Lbersof thcNÉc'.arr,,r.:ruo¡rË,;'iüüi:ï;ääËiLliJ* wìrrr ]"*ppÍroct" oino wæ o¡rc orrlqworrir¡rrr àìõurlútiäi ör:rä ¡.lfi*'u* r,rpey for rhose wìo nor¡rrce¿v :Llo_ilt^oj.njl ue a*i. ü*rti ü¡is is so. I wos afr¡id rr thc rtunc was *ll^T:j :1.*n being done æ ;;k, ñ t'.i;Lvilano*urrio uu n.riyouis *ù"¡. ¡t¡l4es aga¡¡r¡ snd apprrcntþ :l'.*::g*Lqq"n¡''ãngrru¿r'r"ñ;;-ú.*;rrãirü.'äi,iiiisïiiiü:,,.ruy fearchrvc bccn valldaled. How lonn r¡ntil ¡Ë lcts-¡noìtrãr Dud ¡¡ ÃÍowcd io dá ir,'i r,. ¿jiõir;T'iö;ffi J,ñi¿ä ¡" fÍri?s.¡obHlrng:, rr iCo¡ch,'iCotch" ñi',hîi lllsc ücrerrc many fonler playcn trndct Va¡bileVdlarrte tvhowho !¡€are ?duÉllye4uÉlly diqurted and angered by rhis. KSC-BE-Ooo28l Page 110 of 131 Redacted to Protect Student Privacy EXHIBIT K Page 111 of 131 Redacted to Protect Student Privacy az,lluzgli tttà' 8A33529?AA I€EI{ESB{lÍNEL PNE ø21ø2 ffi-ï'#ä#lrî"îïif tJ,if .,ïåH{:5#r;Í:Hrffi m* John St¡vcns lifli|t,ní* ranuary 23, 2oo5 3r2o pM iiiiffiffii#f¿ ster¡enå'John ; Runlcmerer'Lorr Ncw Bnghnd *:r."9T: $111 1.! lp:,. ..r Cot tcsc , r aru dt¡gr¡slcd qd ourrgcd Èiar Oino rü¡¡anlils rgâir sJlo'¡'cd to lnvolved bc in colle¡c rthlc(ics, ¡o,r, Es a brûadcrder õi'þônc statc Mcnb Barkctb¡ll. pcrhrps r rr.¿ to rti"¡iã p.ãptc'of rr,o r.nt*rogrirr,î. *"*r foper r¡cmbcrs ;ur 3nd of rhc NEC no,r. ¡J[.iúJri*iiroou*. Fdrd;îù;Jr; "cxp¡rleocc" whh oino wæ one otuc wãrsir¡me, ãîã*ird, -iï ñüii;ã*;ìrun rreppy to go lnto dcuil for rhose who a¡c not etrcráy åi*rty r¡í, ¡,,ó. iil;f,.¡d;ino a* mt enOugh wrs lLä: bcing done to mako sult hc"war. was ncvøa[oired ro bc ¡rcar voun¡ colióac rpparcntly my -t:t:l::--t8Ir,, Tl fcan hrve bcen validarcd. How lo4.ntlt trã lets-urobiãr *! ís sllowcd ro do-whar hc did agrin? t can arsurc you-rhat I aniot done i¡ rncscf-t-ln$,¡:? f€clnÊs, ts tbcrc arc muty formcr praycrs rndc¡ "coech" veihnte who uc cquålly disgusted and urgercd by thís. KSC_ll-OO023{ Page 112 of 131 Redacted to Protect Student Privacy EXHIBIT L Page 113 of 131 Redacted to Protect Student Privacy Frun! Vallants, Eugenr !5ênt! Wednesday, &ptcmber 20, 2006 8:45 AM ïor Thcbcqe, Suran subJcct; RE: updaæ Hl SusEn, Lorl hs¡ ¡¡ked üat vou conlscl HR on conflrßrlno my.loelonatlon, I cen connoct wllh hËr ond h6v! hrr lp.eak-lo - atEo you lf you'd llka. Mi conccrn ls thel I am belng Èod¿ O ðo¡l wllh 0n unsubstânllolod rumot oboul ms Þolng í"rútiõl'dà;;öffii'ffiõ]li;ù€;ãõÉîroãtaùã'inJiú.ràãiõiìne tcsalrlshl'a I hwo ln lhls Bltu€ilon you lha nrcd lo and oncc lt le conlìrmed I havo NoT bcen ¡rod I woutd lp dju,iür;li ;aiÀll.-Éowõvar, tf feal ep6ak b Loil I cån Ê¡k hcr b do ro, clalme' As I msntionod l m not surr where you heard lhe lnfurmEtlon bul thd p€r8on should nol bd maklng auch For lhc prcgram nêxt wôck. lhlnge lrc otllng elong. l'rn stlll looklng tur ¡om9 eludenl¡Jo reed !9l9if^!1,Tljto Êllsnq' wae woñdailng lf hcd eny coînectlons tõ romé laculty who mlghl fñd ll bsn¡lîclol for lholr e[¡Ccltt ¡ou 'And, I havc some poelàn I wll gct ovcr b you todsy. lll bo ln louch, Thenko, Gino From! Thêbêrgc, Suran S€nt! Tucldåy, ScptEmbcr 19, 2006 ll:18 PM To! VsllenE, ArgÉne SuÞJcclt RE Updatc Deon 6inc, did It wos good to h¿sr from you, I on glod to h¿or thot you conn¿cted wilh l¡uria, W¿ not contocT hcr b¿caug¿ w¿ undersf;od that you uront¿d to tolk wlth h¿r fírst ond of cour6¿ w¿ wontcd lo rcspacf thot, I om 4¡sumlng fhol, boed on your ¿moll, he or¿ now tre¿lo ploce o coll fo har, Pleasc confirn thsl thlg ls okcy wiîh you ond if So plaasa f€nd m€ har phonc nutrù¿r ond her lo$ nome. 9¿,2n006 KSC-BB-000194 Page 114 of 131 Redacted to Protect Student Privacy On onother note, please let ne know how thc Þíversity Conmlssion con support the Pntgrotn you ore ongonizing nexl week. It sounds like o greaT event. Lookfng fonward to youn response, Susan From: Valbnte, Euçne fmalltolæa[ente@keene,cdu] Smtl Thursday, September 14,2006 3:22 pM lo! Tñebe¡ge, Susan subtcctt updaE Hl Suren. I anr eorry, I h6v€ wsnled lo oct back ln touch tylth you for over e rvaek now bul I heve boen so busy I hsven't had muotr llmo lo¡ oerconal lhlnoo. ltyent you lo l l.elso rpoke to en ettom€y. I rto heve tlghb ln r€rpect to ¡omebody msklng suclì sn eccu¡alion snd I hevo l€t lo dato¡mlne how to deol wfth hd aspoct, ido nol kdow yyho you heeid l¡om but hey üê c¡early mlcbken and lhould not bs ofiedng lh€l khd of ¡nfomstlon. I wlah I could pul into words how I feel obout tñlB anllre olluotlon. I roslly con't oxplaln my omollonG, I do knolv I hovo ruppo¡ted snd menloted many sludent! ln e po¡ltlyr mrnor. lll kcep ln louch, Thank6, Glno 9n2n006 KSG-BB-OOot9õ Page 115 of 131 Redacted to Protect Student Privacy EXHIBIT M Page 116 of 131 Redacted to Protect Student Privacy Prgc I of3 l ú¡¡,"1i¡ 3 fr't-ofh Kowpak, Gorlnne To: Floþcher,l¡on¡rd; Thebargc. Su¡ail Herlnoss. Klm SubJrot RE: Updolc Hi Susan, Lan end Kkn. l.donl hevc rny eddltlonel lnformalion. I agrcc wllh Lôn thål hlË teply lo your o.mall tv¡B ralher georller. I dml hlnk yot¡ æt¡ld ho¡c bcen morc cber, frorñ ha very f,æt meettng, Ùnåt yurr goal was to conflrm hrough Lorl. You hrvc gfvcn hlm aclequolc üile lo mehe lhocc ananãcmcnts, I havo conlEctod Ron Rodgero. USNH g€noral qounlol, ãbout lhe sllusllon from both lhe ah¡dentsnd lho employmenl perlpeclivca.-Ron r!l!ed;omo lntoneslh! queeüons âbout wñcthÊr wc ük on lho graduale æhod admlsslone applcetbn any quectlons sbout characlor.-Hb recognÞes lhat üre graduate Þrogmm-wlll hatJs lo mafto ¡ dBds¡on Ond cerllff Glno'e characler at'ronre polnl - h tho beginnlrg of the pfogram, låtcr ln lhO program, or al he pofnl of cerllllcatlon, Ghoh dolgy ln dhecl ¡esDon8os about qr¡ntlno vou DÊrñl6slon to rooek lo hi8 suDorv¡lor lroubles mc st wcll. l¡ it €t oídanc€ b€havlor? Ëon'r polnt abo-ut ¡n H.il'ofi|å¡r giving vcry ócnor¡l infom'etion b co¡rcct and I dont trlnk al lhis llm€ lhat wa! woutd br j!ü8fl€d wtth lhst lype of a-ncrver. ]_lhlnk lhs ldoa of m€ellng vyllh Glno ls the only ìvôy to mov6 fûrwErd, Whên Ron snd lepoke about oPtlons h6 lhought wo could cerlalnly all meet togalher bùl ho¡lso thlnk¡ we probably would w8nl lo hav€ r€par6le dhcusslons sbout hb glu'denl slalus üs. btr €mploymenl 6tolu¡. R:on ie wiüng b have e confarenée cellwlth ue' l'm htppy to lmpail lh€ hfomoUqn thet he gavå m'e during our d¡scusslcin prlór to thal tlme. Fy Y€y of lrylng to gcl lhlngs schÉdulod, l€l me rsy th€l Kbn and I ara frse from I I - 12 or añer 3:30 on Mondey' l?n fiea ail Tu€rday allormon, elthough Klrfs csle:rda¡ l¡ blocïod of belorc B:80 (ls ürla changoabto?), . _ _ W-odnesday eñcmöon h good for lhe-two of u¡. ll Susen and Len cen ldontlfy tlmà¡ a¡ wel. I wlll work wnh Ron'E ollce lo sshedulô r call, Thle le a very dlfficult llluetlon End I know we are all snxlou¡ lo reaolvo ll ln a auoportlvo woy ao qulckly a¡ posslble, Al.thle polnt, wo 6rc n6$ly onô monh pad tho lntlld mccling wl|h Girio, so I lhlnl¿ thot o$ fructr8lon rrllh lho ?rplio! hsr couÊed ur to dgh[ufly quesüön evon more. Corinne Co¡hnr F. lowp¡l (/,,ufrffi( W Vlc! Pft¡ld¡nr br Student Âfülrr Krenc t¡(a Co¡lÈga K!€ns. NH o¡atl {60¡¡ 31E.2107 tpåûnc) 1603) 353'2!7! {f.x) .Fþm! FldËchcr, tËn¡rd Sent¡ Wednædat slptenrber ZO, ¿006 1426 pM lol llrcÞcryn, Susan; Koùvpatç Oo¡lnnei llcrlareæ, Kim sl¡Þlcctl RE! Upd!ùc 9n2n006 KSC-lB..l0O0l93 Page 117 of 131 Redacted to Protect Student Privacy Prgc 2 of3 I do mt òÊtltr/o üle h ok ll do$nt !âttíV whtl m rìþuld nood to tnow...oñ¡n pcoplo lssË oûploflîcnl n¡üPut bCng lÌed wtrere rn 'rgrermanF her boón maù b allow thc e¡rson to þaw. lir toims d hb tpdl¡catlfl't lo_ütt . Progrem, w€ woutd nead þ hrya Lort sommcnt on nh¡t ho calis rn l¡nlubltonlisbd riÍnor.' ll rhc can wfiy lhat ürd b uvt¡at lt l¡, rve cln ö3gh to mvs frmsd. LÂn Frcm: Theberge, Suren S¡nt¡ Wcdncsday, 9eÉember 20,2ü16 l1;{{ ÀM ToÉ Flcisúer, Leonard; Kowpah Corlnnc; Hedoess, Klm SubJctù FìrVl lJpdetr Frcm: VÊllanÞ, Eugenê Scnh Wrdnesdey, Septanrba 20,2m6 E¡45 AM lol Thcbefle, Susan $br€ct! RE: Update Hl Suren, Lorl hs$ åsked thal you conlåcl HR on conl¡rmhg my reslgnEtlon. I can Gennggl Wth her md haræ h€rlpcak-to . you n yor'o nie, uú ãõnceiüiC tttai i am uàrng tãrióo ro aïar úiin àñ rinsu¡atsnuátsd runor eboul mc bclng llred ío¡ a ¡eiuat hsraeiåÀñi õ¡jigã. t rrave ryóiín io a ta,vyoi ana frøe ere aome legrl rlgñfc I ltave h lhh ¡lluatþn End onc€ It te connrmoJ I havã Nor ¡cen tired I wourd Íi€ fo jueiiãeue tt aithst. Éor,vãver, lf you fsÊllha n€ôd to epeak lo Lorl I con €sk ior to do !0, A¡ I msnlloned l'm not ¡urs wherÊ you heetd ths lnforrptbn but thet prrron rhould nol bd msklng eudr clalme. poalry.md For lhe progrcm noxl u,oâk, lhh$ rrs roll¡ng along, l'm rtlll looklng for eoma ctudcnls io rosd ¡ome I wa¡ wáñ¿oãng yoü tt banellslel for lhek ttudtnb lo Ètt€nd' f nø ãrü; coînãcilbnd tã ãornã'And, licunì/ u¡il mlõ¡titri I h¡w some poclerr I wlll Ccl or/!r lo you tod¡y. I'll b€ ln touch, Thanks, Glno Frcnr lh$eqte" $umn Scnt¡ Tucldáyf SeptÊmbÊr 19, 2006 1t:18 PM Tcr Vrllente, EuEone Esbtectr RE: Updrte Deor'6ino, ft wqs good lo hear fron you, I om glqd to heor ttut you conn¿ctcd wiïh Ln¡nl¿. W¿ dld not contoct h¿r becou¡c wc understtod thot yan rront¿d to lolk wlth h¿r first and of courss w€ u,ofit¿d to raspcct thot. I om æsutfllng thot, bosed on your email, t G 6r¿ nolll f¡c¿lo plocc a call to her. Pt¿ose confirm thot thls ls okoy wlth you and lf so plcase send tn¿ hø phonc numberond her lo¡t rmme. 9E2nW6 Kgc-El-oool94 Page 118 of 131 Redacted to Protect Student Privacy EXHIBIT N Page 119 of 131 Redacted to Protect Student Privacy Page 1 of3 /i¡1"u/(r 3 fi't-016u Hi Susan, Len and Kim, I don't have any additional information. I agree with Len that his reply to your e-mail was rather peculiar. I don't think you could have been more clear, from the very first goal you meeting,- fnàt your was to confirm ihrougn Lori. have given him adequate time to make those arrangements, I have contacted Ron Rodgers, USNH general counsel, about lhe situation from both the student and the employment perspectives. Ron raised some interesling questions about whether we ask on the graduate school admissions application any questions about character. He recognizes thal the graduate program-will have to make a declslon and ce(ify Gino's character at'some point - in the beginning of the projram, later in the program, or at the point of certíficatíon. Gino'sdelay in direct responses about granting you permission to speak to his supervisor troubles me as well. ls it avoidance behavior? Len's point about an HR officer giving very general informãtion is correct and I don't think at this time that wê would be satisfied with that type Of answer, l.think the idea of meeling with Gino is the only way to move forward. When Ron and I spoke about options he thought we could certainly all meet together but he also thinks we probably would want tó nave separate discussions about his student stah¡s vs. his employment status. Ron is willing to have a conferenóe call with us, l'm happy to impart the ínformation that he gave me during our discusskin prlor to that tirne, Fy ry"y of trying to get things scheduled, let me say that Kim and I are free from 11 - 12 or after 3:30 on Monday, jþ f1'ee a.ll Tuesday afternoon, although Kim's calendar is blocked off before 3:30 (is this changeable?). Wednesday afternoon is good for the two of us. lf Susan and Len can identify timés as well, I will wori with Ron's office to schedule a call. Thís is.a very difficult sítuation and I know we are all anxious to resolve it in a supportive way as quict From: Fleischer, Leonard Sent: Wednesday, September 2O,2006 12:26 pM To: Theberge, Susan; Kowpak, Corinne; Harkness, Kim Subject RE: Update 9122t2006 KSG_BB_OOOr93 Page 120 of 131 Redacted to Protect Student Privacy EXHIBIT O Page 121 of 131 Redacted to Protect Student Privacy Sgnt: Tue:lt77l2@ó3155 AM Fromì Hàrkn65, Kim fô: lunksneler¡Lorl cc: BètemônJLeslle Subtertr RErInfo Ms. Runksmeier, his employmenl. we are conserned regarding atlsgations of inappropriate behavio clearly the smployee himself hâs provided us with.perm¡ssi0n l0 speak f8ga_{i_ng-have efforl to 0btain as much inf0rmal¡on as which may have occunEd wtrite tre'wis at New England College and we at-KSC a tiàuciary responsibilily to make evãry possible to determine his suilability for his cunenl position. (..s., no d0cumsnt prohibiting disclosure by at lvlr. Vallanle has indicated lhat he did not have a signed agreement with NewEngland College regarding his departure lalk, not unable lo' thã parties involrred). And he has provided permissón for ùs to speak. Thereforal it would aþpeai that you are unwilling to I d-o not want to damage his career.based on you must cerlainly appreciale our need to be diligent as he works very closaly. with.traditional-age sludents. ..H.0wever, confdential providing it only to hearsay either. ì am interested ànry l¡ *ñrt .ày:havs occuned anJvi¡lLur .ú1, to ¡lace it in co-ntext, and will keep all information - those who have a legitimate neÊd'lo-know Pl€ase reconsider speaking with me and let me know if yûu are willing t0 lalk. Kimberly Harkness Oflice of Human Resourcss 6113-358-2496 From: RunksmÈler¡Lorl Imallb ìlrur*snBier@nec,edu] Sent: fvþnday, November 061 2006 4 i42 Pfvl To: Harkness, Klm cc: BaÞman,Leslie sLúrsct: RE: InfÐ Dear Ms. Eækness, Leslie Bateman, and I have copied ht I as¡ r¡¡¡able to speak with you regarding Gino's employment at New Eflglmd College Or¡ hwnan resor¡rces director is Éris e-mail. Lori Rrmksmeier KSC_BB_000199 Page 122 of 131 Redacted to Protect Student Privacy EXHIBIT P Page 123 of 131 Redacted to Protect Student Privacy Fromr Harkness, Kim sent: Tuesday, l,lovember 07, 2006 9:51 AM To:'lbateman@nec,edu' Subjectr former NEC employee Good morningl employee who cuuultlY I know you've been cc'd by Lori Runksmeier regarding Eugene Vallante, a former New England College ...",,^ wlthT-o$.315.:11".:j1,t^ students in his role wh¡le et College'. We are obviously very concerned as ñe havi reõelved "information'that Mr. Valhnle may hãve acted inappropriately NEC. years ago and the result would appear lhat.NEC was I can understand the need to m¡n¡mize polential exposure for NEC - though the employment belng five information regarding an succeistul at prorecting lts 6tudents. BLt it is very irustrating that to me thät New EägÉno collegã woulâ choos'e to not disclose young p€ople. Without clear empbyeé *nò workedîlosely w¡lh students and may nave iut NEC students al risk : know¡ng that he continues to work w¡th informal¡on, we are unable to iudge whether our own students are at .isk. as yourself' Whal infotmation ars Clearly Gino has provided pernlission for Lorì to speak with me. But I do not have his permission to speak with other folks, such you aúle to provide regarding Eugene Vallante's employm€nt al NEC? Thank.you ln advance and I am sorry to be so forward in requesting your support in this matter. Kimberly Harkness Office of Human Resources 603-358-2496 KSG_B8_000200 Page 124 of 131 Redacted to Protect Student Privacy EXHIBIT A Page 125 of 131 Redacted to Protect Student Privacy Om¡ll-FW¡ Qlm V¡llana Pr3e I of2 Ge: il Ft{: Glno Vrll¡nte Fl Nov 18,zofl ¡l2:28 PM > To: ¡ ¡ Date; t subJ¡cu t'I à Plr¡sc lncludr rr en ¡ny ¡m¡lls ¡¡: Gino, l'û golng lo cþnl¡ot co¡ch Colbs¡l my6sll lnd n¡lllÍr whll you alnady æld. Mt blggr¡t nlghlfltâre ¡boul ¡ll ltu Éull¡filt h¡l Gho pul u¡ throqgh wrÉ lhll ht s,ould. svrñtusfly do ¡l ¡ûskr b olhur, ll appetß lh¿l hl6 b lxrslll wiâl is laklng placr, rrC tvr tlmPly øß nol lrl üìal hrpprn, t r HoÞâ all f. wrll, > t > ÃEIEEnfDhEfor of Optrallon¡ t DlEdor oÍ8üÍÍEr Boyt 8!¡krlàltl School I' t t glnl tommy lPhorÉ t Þ Blgln fonredcc ms¡l¡gr: t t t r Floru ¡ orb: >Tc rCc ¡ KÊG_EE-o00230 Page 126 of 131 Redacted to Protect Student Privacy G¡nrlt. FW: Gino V¡lla¡¡te Pr¡e 2 of2 ¡Repty.lo: .-- t t D oÊ.f coâch colberl t r Tharo k ¡omshlno mv hllow ls¡mmgl€¡ ând flvrrll would lilrs lo rhsrs wilh you Vïe wÈË mpmbsr! ol lhe Naw Enghnd G;ilods rmnl beskctb€ll l€om d|2001.2002 whon Glnowr¡ ltrsd co¡ch. t Durho lhô durollon ol ou¡ ye* we exFrbncÊd many unplla6anl convrfgrllon8 $¡lh ouf hcad ooech Glno. Glno would olf6ô c¡ll or 16fi $r[h i.¡r ln one on oni ellu¡llon¡ wfiara ha would brhg up 1oPl0! ludl tE mon's p¡Vsls 6ræ¡, oursexu6l r016tlon$lpc wlth gldli¡Bnüs. and ohg¡ uncomlbrl¡bþ tlluôllon3. t t Rscently I eamo h conl¡cl with onE ol your cunrnl playec trnd wr bâgsn þ blk rboul ütc KSC plog¡am. ln our conyarsrl¡on. Gho csmr up snd I'nûìcd¡6t¡V I bld your pbyer sboul my €xpcr{0nc_!6 8l ô.€0ll6ga F¡yst und€t Gho. Your cu.rr¡rt playar tulômallcrny ¡grood wllh oyerythlng I 6ald aboul lll! holllric convsGatlons ñy lrsmmatca ¡nd I hsd witlì hlm snd whrl ha lô currsnlly Blllldohg wllh your d¡yÊr6. > lhls l¡6u8 h€5 ncvor com! up bcfore bacause tha Alhlslþ Dlreolor of NEc þl hlm ferign dÞf  106rîr¡.lo 6nd I brought th6 l$u€ up to lho A0 snd schooì gresldenl ) t My honì¡nalos and I hsvs gottGn lolethsr rnd Ð year8 lÐtct we ar€ rllll di¡lurbod by lhl! ând bol ¡l l¡- llmi *n hì you know ¡Þou¡ ll:ABi âniolyow ptayär ln pr,valc rboul the conwcatlãnc thly hâvorvllh ¡1. I guer¡nl.s lhrr lG Glno, Your ilayen wlll leal vary ombãrrr¡ied åñd not vrait to lath to you eboul cañ , rti[ hoppeningio youi praiorr ånc ætenttáity your recrults. 0uring hó iãcruillng ploøeí *hue.my ft{andt werÊ Ëcrulôd b NEC, Gino discuJtcrl lhega ¡¿ma typos ol sih''tlonE wlth lh!m ¡s lh€y t*€18 osc¡d¡ng 0n whrlhor lÞ go lo NEC ot not, t ) W! ùoÞa vou hkc lhl¡ cm¡ll vao rar¡ouGlv ând íþrl ol ur r,lll b€ ¡vallsblc b dl¡curt lhls ln fìJnher. Wo would llk'Ê ró ftosÞ thlr ar anonymóuC po¡llús frorî our Êldc, We rrr cornplircd of t Molñe Policr Oftlcer' Coll¡gc Adml¡l¡ùab¡, snd two NH leadrero, t r Th¡nk you, , r NEC Alumôl t , Slnl fþm rry Vertson Wrelelr Blæl(Brfly KSC_lB-000237 Page 127 of 131 Redacted to Protect Student Privacy EXHIBIT R Page 128 of 131 Redacted to Protect Student Privacy .. Gnril -FW: Glno V¡llurro P¡go I ofl -G.,Ftil FW: Glno Vallante .l8, -l- Frl. Nov 201 I !t 2:28 PM Subjêcn Re OlnoValtrntc T'OHffÉDgle: lhu,'19 May 20.|1 l3:39:38.M00 I I feel very odd rpertlnt ¡bout thlr oo ¡ny lurthÊr bôls. I wlll tell yoú that Stev! dld not ¡upporl youl .,'l¡t¡tlorrt wlth rny rciusrtions of htr own ol frcturl lnlormrt¡on. I rm ln the proÊ€rr of loofth! ¡0tu lhh 'r(yT lurthar but lt lr tough wnhor¡t the itudentr here ¡nd with very llmlted tntorm¡tlor! I hsve no t€aron.st thh tirîe to thlnk th¡t ¡nythlnt hr¡ hrppcned here unlert ¡omeone ømet forw!rd but wlll de¡l wlrh thl¡ whcn lhe ¡tsdcnt¡ rêturn I tucrr. I wôuld listen to ¡nyone who h¡r bteñ ¡ffêcÎ!d by thts rlleBed beh¡vlof ¡t Keenc, Fob Colberl H.âd Ba¡ketblll Coech/Ar.l, Athht'E DÍnctof Kc.n. Slrb colhgr 003.356480r 5Ri#,"lt# for ColbaG RDb $bJ.clr ße 6ho \bll¡ntê Hl Corch, ¡ wa. Just chc*lng ln on how everythlng mt gotng. I hil,e r frw guy: ænncüng evry lcw-d¡Vs lq.klt¡ lor upi¡È¡ ¡nd rtuph mota havâ corñe fmford-ln ¡upportof u;di¡cr¡¡lng thl¡ wtth you' I hop69Êve Eor¡drc¡u wrs rbh Þ heþ you oul rdlh dct¿mlnhg lf Glno lr sdll dolng üê ¡rme thhgt¡' I look ton¡nnl b he.rlne from you. K3G_E!_ooo282 Page 129 of 131 Redacted to Protect Student Privacy EXHIBIT S Page 130 of 131 Redacted to Protect Student Privacy Gmail - FWI Oino Vdlantc Pagc I of2 Crg ¡l ¡n(i.1'\1, FWI Glno Vallante F Frl, Nov 18,201t åt 2:27 PM SubJect RE: FtU Glno VÊllântc Cæch Colberl, I has been keaplng us ln lhe loop on lhe dlscussions you hav¡ had ra: Gino vallanlo' I am wrillrB you to conllnn everylhlng he sald ln hls origlnal emall concêrnlng tho gvênts thel look placs ln 2002-2002 al New England College. Furlhermote, I can provlde proof. ssries exchanges wlth Aûor our rneolings with the NEC admlniskalion re: Gino's eclions I hsd o of e-mail , membcrs ol NEõ's adminlslrallon. l stillhave lhose e.malls They ar¡ ss\r€d ln thei¡ oliginsl lorm on one ol nry pãrsonai emetiEccouñÈ, ttráie emsfl¡ provi¿e explic¡t delaÉ olwhal we were pul-lhrough, elong wllh aChnowledgomont lhEt lhese thlngs look placo by lhô NEC adÍfnlshEUú, I have no knowledge of whelher or not Gino is contlnuing ths d€splcÊble þohsvlor wilh your team. I do not tnow any of ihorn ãnd hsve not spoken lo any of lhem. ÉowEver, besed on hls pssl-bohsvlor, I would strongly lncourage to take lhls wårning vory åer'ously, and do a thoÞugh inv€lligÉlion, Tåfs lE s subJecl mElter thðt wlll mako your playsrs vsry unêomlorlable to speok abol, Very few leenage. metes are so'lnE to readtly opsn ui ánú ¿lsóuii põtsnttal rexual harassmerit by ô msl6 autñot¡ty flgure, lt's e humlllellíg thing to go Íhrdugn ro lhís dey thdæ srs v€ry low PsoPla oul¡idé ol NËc who I havE dlscussed this m¿1tor wllh, 8ut Þleass... do nol tak€ lhlE subþct lightly, The biggeet nlOhlmare I h¡vc sÞoul owryth,ng lhe losm snd myGolf wenl throwh ls lhal, beceu¡6 wc allowdheC tó morc or less swcap thr! ûnCci ùo rug, lh6 bohãvlor would repeal lÍs self soma /hcre Glso ls why I dgvrn hs llne, and lhri ¡omaone oisc would be o vlcli-úr of tho ¡sms âbuss lhät ur! wGfs. Thls . savEd thosaimátls, wtry t waC vcry concsmcdwhen I hea¡d lhet Glno c,as enployed by r collcae agaln.- Ênd why lhasE rðcril eltogetlons lieva broughl rn€ lo lhs polnl whero I fesl I musl lEko soms sorl of acüon to ensurê lhet lt nev¡r h¡ppons sgaln. I bellevo everv ggrson 13 8ñl¡lled lo g sscond chance. Acllons, horrysvQr, afe nêYor wlthoul ãæounlÉbil¡ty' I ballove Glno lids-ewry rlghl to go auout hls liù ln Peace,'and'hop€lulli''hec le¡med some.vsluEbla lessonc rrõm nis tàir Àcioni, änõcin rüo"e on tnto anoittärptte's€ ot hii l[c. ihal !âld, I om hlEhly dl¡lurbed ¡nd I suspla¡oúJhar ù ctr'osà ro us ¡ãci érounã ioung mal€ baskelbEll players again. lt's ¡uit bo convÊnlenl, br óna know that I will never lllow ¡ny ptayir thei l'm lnvolved with as-e coe-h or advlsor lo rlþnd a progøm ln whlch he ls lnvolved. I couldflT llve wlb my¡€lt il I d¡d, I hope you lsks his issua very serlously. I KSG-BE_o00240 ? \ \ 1 1 i Page 131 of 131