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Redacted to Protect Student Privacy
REPORT OF INVESTIGATIVE COUNSEL
REGARDING
HEAD SOFTBALL COACH CHARLES BEACH
KEENE STATE COLLEGE
AUGUST 20, 2014
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.
TABLE OF CONTENTS
Page
I.
INTRODUCTION AND SCOPE OF INVESTIGATION .............................................3
II.
EXECUTIVE SUMMARY ...............................................................................................5
III.
TITLE IX AND KSC SEXUAL HARASSMENT AND DISCRIMINATION
POLICY ..............................................................................................................................9
IV.
A.
Title IX Of The Educational Amendments Of 1972 (“Title IX”) ......................9
B.
KSC Policies And Procedures.............................................................................11
1.
Discrimination And Discriminatory Harassment Policy
(Including Sexual Harassment) 2005-2013 ............................................11
2.
Discrimination And Discriminatory Harassment Policy,
Approved June 25, 2013 ..........................................................................14
ANALYSIS OF DOCUMENTS REVIEWED AND SUMMARY OF WITNESS
INTERVIEWS..................................................................................................................14
A.
Jane Doe 1’s Mother’s Letter Of Complaint.....................................................14
B.
Overview Of KSC’s Handling Of Jane Doe 1’s Mother’s Complaint.............15
C.
Prior Complaints Of Sexual Harassment Against Beach.................................17
D.
Witness Interview Summaries ............................................................................19
1.
Jane Doe 1’s Mother ................................................................................19
2.
Jane Doe 1.................................................................................................23
3.
Charles Beach...........................................................................................29
4.
Andrew Robinson.....................................................................................36
5.
Kimberly Harkness..................................................................................41
6.
John Ratliff ...............................................................................................49
7.
Robert Colbert .........................................................................................50
8.
Jay Kahn ...................................................................................................52
9.
Ann Gagnon..............................................................................................54
Page 1 of 95
V.
10.
Gail Zimmerman......................................................................................56
11.
Paul Striffolino .........................................................................................57
12.
Deb Beach .................................................................................................58
13.
Carrah Fisk Hennessy .............................................................................60
14.
Former Coach 3........................................................................................61
15.
Jane Doe 2.................................................................................................63
16.
Meghan McLoughlin ...............................................................................65
INVESTIGATION CONCLUSIONS ............................................................................67
A.
B.
Complaint Of Sexual Harassment Against Beach ............................................67
1.
Beach Inappropriately Touched Jane Doe 1 Without
Permission.................................................................................................67
2.
Beach Has A Documented History Of Similar Complaints
Involving Female Students ......................................................................68
3.
Beach Made Unprofessional Jokes About Blondes To Jane Doe
1 And Her Parents ...................................................................................69
4.
Beach Did Not Disclose The Prior Complaints During His
Interview ...................................................................................................70
5.
Beach Exhibits An Attitude Of Indifference To The
Complaints About His Conduct..............................................................70
6.
Beach’s Treatment of Jane Doe 1 During Softball Tryouts.................70
7.
Jane Doe 1’s Mother’s Complaint That Beach “Feels Up” His
Softball Players Regularly Is Unfounded ..............................................72
KSC’s Handling Of The March 2013 Complaint .............................................72
Page 2 of 95
I.
INTRODUCTION AND SCOPE OF INVESTIGATION
Keene State College (“KSC” or “the College”) engaged McLane, Graf, Raulerson &
Middleton, Professional Association, (“McLane”) to conduct an investigation regarding a
renewed complaint made by Jane Doe 1’s Mother on behalf of her daughter and KSC student,
Jane Doe 1, against softball coach Charles Beach. In late August and September Year, Jane Doe
1 tried out for the softball team as a Class Year player. Beach cut Jane Doe 1 from the softball
team on or about Date.
On March 5, 2013, Jane Doe 1’s Mother sent a letter of complaint to KSC Director of
Athletics and Recreation, John Ratliff. Ratliff forwarded the complaint to Vice President of
Student Affairs, Andrew Robinson, who conducted an initial investigation into the complaint.
Robinson interviewed Jane Doe 1, and he met with Beach and Ratliff. Robinson concluded his
complaint review process on June 5, 2013. On March 12, 2014, Jane Doe 1’s Mother re-sent her
initial letter of complaint to KSC, and she also expressed knowledge of additional information
about past incidents involving Beach.
KSC determined that outside assistance was needed, and McLane was asked to
investigate these allegations to determine whether Beach had engaged in inappropriate behavior
toward Jane Doe 1 and to evaluate KSC’s internal handling of the initial complaint in 2013. We
began the investigation on March 27, 2014 and interviewed the following individuals:
Date
March 27, 2014
April 11, 2014
April 16, 2014
April 16, 2014
April 16, 2014
April 16, 2014
May 14, 2014
May 20, 2014
May 20, 2014
Name
Jane Doe 1’s Mother
Jane Doe 1
John Ratliff
Kimberly Harkness
Robert Colbert
Andrew Robinson
Former Coach 3
Carrah Hennessy
Charles Beach
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Place
McLane, Portsmouth Office
KSC
KSC
KSC
KSC
KSC
Telephonic
KSC
KSC
Date
May 20, 2014
May 20, 2014
May 20, 2014
May 20, 2014
May 28, 2014
June 5, 2014
June 11, 2014
June 11, 2014
June 23, 2014
June 25, 2014
Name
Deb Beach
Gail Zimmerman
Jay Kahn
Paul Striffolino
Ann Gagnon
Andrew Robinson
Kimberly Harkness
John Ratliff
Meghan McLoughlin
Jane Doe 2
Place
KSC
KSC
KSC
KSC
KSC
Telephonic – 2nd interview
Telephonic
Telephonic
The interviewers began each interview with a uniform introduction and an explanation
that we were hired to conduct an investigation into concerns raised by Jane Doe 1. We also
informed the interviewees that our role as investigators was that of fact-finder. It was stressed
that the organization was sincerely interested in learning the truth about the allegations and that
the information gathered would be reported to the College. The interviewers asked persons
interviewed to refrain from speaking about the interview with other potential witnesses to ensure
the integrity of the investigation process.
We also reviewed the following relevant documents:

Letter from Jane Doe 1’s Mother, March, 2013.

Personnel file of Charles Beach.

Email communications provided by KSC.

Andrew Robinson’s undated interview notes from meeting with Jane Doe 1.

Facebook messages provided by Jane Doe 1.

KSC Discrimination and Discriminatory Harassment Policy, 2005-2013.

KSC Discrimination and Discriminatory Harassment Policy, Approved June 25,
2013.

Investigation interview summaries by Julie Dickson related to Jane Doe 3’s 2003
complaint against Charles Beach.
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
September 4, 2003, Confidential Sexual Harassment Investigation Report by Julie
Dickson related to Jane Doe 3’s complaint against Charles Beach.

September 15, 2003, Julie Dickson notes of telephone call with Jane Doe 3 and
Linda Foulsham.

September 30, 2003, disciplinary letter to Charles Beach from Janet S. Gross.

April 16, 2004, memorandum from Julie Dickson to Janet Gross, David Hill and
Corinne Kowpak regarding reports of concerns about Charles Beach from female
students in Class.

Investigation interview summaries by Julie Dickson related to Jane Doe 4’s 2004
complaint against Charles Beach.

May 24, 2004, Confidential Sexual Harassment Investigation Report by Julie
Dickson related to Jane Doe 4’s complaint against Charles Beach.

2003-2004 Reports of Discriminatory Harassment by KSC students and faculty.

Student softball player athletic evaluations (2011-2012) for Charles Beach.

Coaching procedures.
This Report of Investigation summarizes and memorializes the investigation process and
conclusions.
II.
EXECUTIVE SUMMARY
Jane Doe 1 provided a convincing account of how Beach touched her inappropriately in
the dugout during a softball tryout session in late August or early September Year. Beach
approached Jane Doe 1 from behind, unexpectedly placed his arm around her back, placed his
hand just above her waist on her right side, and applied force with his hand so as to lift her from
the side into him. Jane Doe 1 confronted Beach immediately regarding the unwelcome touching
and expressed her discomfort, to which Beach responded that he treated all his players in a
similar fashion. Beach has no recollection of the encounter. No players or assistant coaches
witnessed the incident.
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For the remainder of her tryout sessions, Jane Doe 1 described Beach making derogatory
comments and treating her in a harsh manner. She also felt humiliated by how Beach cut her
from the team, immediately after a scrimmage on the softball field in the vicinity of players and
parents. Beach denied treating Jane Doe 1 improperly during tryouts. Beach acknowledged that
he cut Jane Doe 1 on the field following a scrimmage based on her overall performance during
tryouts, but in a private conversation that was appropriate to the softball environment. Other
witnesses shared Beach’s perspective on how the cut had occurred.
In March 2013, Jane Doe 1’s Mother sent a three-page letter to Ratliff complaining about
1
Beach’s treatment of Jane Doe 1 during softball tryouts. Jane Doe 1’s Mother’s letter included
information that: Beach touched Jane Doe 1 inappropriately; Beach “felt up” the softball players
on a regular basis; Beach made an inappropriate joke about having a reputation with blondes
when Jane Doe 1 and her parents first met Beach; Beach made derogatory comments and treated
Jane Doe 1 rudely during tryouts; Beach cut Jane Doe 1 from the team in an inappropriate
manner; and other women experienced similar situations with Beach in the past. Jane Doe 1’s
Mother described Beach’s conduct as sexual harassment.
Ratliff sent Jane Doe 1’s Mother’s letter to Robinson, who consulted with Human
Resources Director Kim Harkness and then Robinson conducted an informal investigation of the
complaint. Robinson interviewed Jane Doe 1, but he did not interview Jane Doe 1’s Mother or
Beach. Ratliff and Robinson then counseled Beach regarding his touching of players and closed
the matter in June 2013.
Jane Doe 1’s Mother renewed her complaint in March 2014. KSC then retained McLane
to conduct an investigation and evaluate KSC’s initial handling of the matter in 2013.
1
Exhibit A, Letter from Jane Doe 1’s Mother, March 2013.
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Beach inappropriately touched Jane Doe 1 on one occasion when he moved his arm
around her back, placed his hand just above her waist, and physically lifted her toward him. Jane
Doe 1 found the touching to be offensive. Beach’s conduct violated KSC’s written instruction to
Beach to refrain from touching students without permission, which admonition had been issued
based on a prior finding of a pattern of improper conduct toward another student. Beach was
dismissive of Jane Doe 1’s expressed discomfort by telling her that he treated all his players in a
similar fashion.
While Beach’s inappropriate touching of Jane Doe 1 is not sexual harassment under the
applicable legal standard, this conduct is most concerning because of its remarkable similarity to
two prior complaints by female students in 2003 and 2004. This complaint is the third formal
complaint against Beach for touching female students without their permission and for making
derogatory gender based comments towards them. The affected students felt humiliated,
uncomfortable and angry, and they reiterated instances of inappropriate behavior involving jokes
and humor that cross the line of acceptable conduct. Beach received counseling and mandated
sexual harassment training to reinforce College policies and institutional expectations for
acceptable conduct toward students. Beach was also specifically instructed to refrain from using
language that is demeaning to female students and to refrain from touching students without their
express permission. The College warned Beach that it would take action of a more severe nature
should another incident occur in the future.
During this investigation, Beach was asked about any prior complaints of similar conduct
in the past. He provided several examples of inconsequential concerns raised by former softball
players, but he did not disclose either the 2003 or 2004 complaints, or the 2003 discipline.
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Beach acted unprofessionally when he jokingly told Jane Doe 1 and her parents during an
introductory conversation on campus that he had developed a reputation with blondes. They
found Beach’s comments strange and inappropriate, and Beach had been counseled previously to
avoid comments that might be demeaning to women.
Beach exhibited a contemptuous attitude towards this investigation, and he expressed his
frustration that the investigation process was taking time away from his scouting and recruiting
efforts. His indifference about this complaint parallels observations made in one of the prior
investigations that Beach does not seem to understand the concerns being raised about his
conduct.
We make no findings related to Beach’s other behavior toward Jane Doe 1 during softball
tryouts. Jane Doe 1 and Beach had differing perceptions about how Beach treated her during
practices, and Jane Doe 1 acknowledged she had difficulty remembering disparaging remarks
made by Beach, which she attributed to the passage of time. Beach provided a different account
about how he cut Jane Doe 1 from the team, and other coaches and a player supported Beach’s
account that he cut Jane Doe 1 in a private conversation on the field that was suitable to the
softball environment.
While the repeated occurrences of Beach’s improper touching are concerning, Jane Doe
1’s Mother’s belief that Beach “felt up” the softball players on a regular basis is not
substantiated. Jane Doe 1 denied that Beach regularly “felt up” the team, and other coaches and a
player expressed no concerns about Beach inappropriately touching softball players. We do not
find that a hostile environment exists for the softball team.
With respect to KSC’s handling of this complaint in 2013, the response to allegations of
sexual harassment was inadequate by those who participated in the complaint process. Under
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KSC’s policies, Jane Doe 1’s Mother’s complaint should have been investigated formally
because it was in writing and contained allegations of sexual misconduct involving an employee
toward a student and toward a group of female students. Jane Doe 1’s Mother’s letter explicitly
alleged sexual harassment. It would have been prudent to notify KSC’s Title IX coordinator
about the complaint, although KSC’s policies did not require such notification. Robinson was not
a trained sexual harassment investigator, and he followed a misguided process in which he failed
to elicit from Jane Doe 1 basic information about the underlying allegations, and he did not
inform Jane Doe 1 of her options under KSC’s policies and procedures for handling harassment
complaints. Neither Ratliff or Robinson properly documented their counseling of Beach in 2013.
III.
TITLE IX AND KSC 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
2
referred to as hostile environment harassment. 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
2
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.
Page 9 of 95
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
3
appropriately. 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.
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.
3
This “employee on student” standard is distinguished from the “student on student standard” that triggers a Title
IX violation if it can be shown that the college “knew or reasonably should have known about the harassment”
and “acted with deliberate indifference to such misconduct.”
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B.
KSC Policies And Procedures
The pertinent policy in place at the time of Jane Doe 1’s Mother’s complaint and Jane
Doe 1’s interview was the Keene State College Discrimination and Discriminatory Harassment
4
Policy 2005-2013 (Exhibit B). A summary of the policy is provided below.
1.
Discrimination And Discriminatory Harassment Policy (Including
Sexual Harassment) 2005-2013
The 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.
a.
Intake Procedures
5
Designated intake officers 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
6
administrative officer must then review the intake form, determine the appropriate course of
4
5
6
On June 25, 2013, while communications between KSC and Jane Doe 1’s Mother regarding the status of KSC’s
investigation were ongoing, but after the investigation was complete, KSC changed the format of the policy. It is
substantively the same reporting procedures, however, the Assistant Vice President for Student Affairs, Assistant
Vice President for Academic Affairs and Director of Recreational Sports were added to the list of intake officers,
the President was removed as an administrative officer, and the Director of Human Resources now must be
notified when the alleged harasser is a member of the teaching staff.
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.
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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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
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,
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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.
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
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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 C) 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 is
removed as an administrative officer and the Director of Human Resources will be notified when
the alleged harasser is a member of the teaching staff.
IV.
ANALYSIS OF DOCUMENTS REVIEWED AND SUMMARY OF WITNESS
INTERVIEWS
A.
Jane Doe 1’s Mother’s Letter Of Complaint
Jane Doe 1’s Mother included the following information in her letter of complaint dated
March 5, 2013. Prior to enrollment at KSC, Jane Doe 1 emailed Beach several times, but never
received a response from him. Jane Doe 1 and her parents met Beach on the day Jane Doe 1
moved into her dormitory. They discussed a mutual acquaintance from the City area that had
played softball for Beach, and Beach made a somewhat lecherous and inappropriate comment
about developing a reputation with tall blondes because of their mutual acquaintance, citing his
assistant coach Meghan McLoughlin as an example. At the time, Jane Doe 1’s Mother was not
overly alarmed given Beach’s stellar reputation as a KSC coach and because Beach is from a
different generation where perhaps such behavior is more accepted.
During tryouts in September Year, Beach did not provide feedback to Jane Doe 1 and
made loud, derogatory comments about Jane Doe 1’s high school softball program. During one
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practice, Beach touched Jane Doe 1 in an inappropriate manner, and when Jane Doe 1 questioned
what Beach was doing, Beach stated he touched all of his players like that. Jane Doe 1 and other
players characterized Beach as a creepy old man and they all felt he was feeling them up on a
regular basis. Four days before Beach cut Jane Doe 1 from the team, Beach cancelled a practice
and notified all of the players except Jane Doe 1. Beach provided advance notice to a father of
another player that Jane Doe 1 would be cut from the team. Beach cut Jane Doe 1 following a
scrimmage in front of other players and parents, telling Jane Doe 1 loudly, “You are not good
enough to play softball.” Jane Doe 1 was humiliated by the experience. Jane Doe 1 has no
interest in playing for Beach in the future because of how uncomfortable Beach made her feel, as
well as the sexual harassment.
There are many young ladies on campus, both past and present, who have experienced
similar situations with Beach, but they may not feel empowered to report the information to the
Athletics Department or KSC staff.
B.
Overview Of KSC’s Handling Of Jane Doe 1’s Mother’s Complaint
When Jane Doe 1’s Mother emailed her letter of complaint to Ratliff on March 5, 2013,
he replied that the complaint would be seriously discussed and reviewed during the next week,
copying Robinson and Robert Colbert, Associate Athletic Director and Head Men’s Basketball
Coach. On March 18, 2013, Robinson provided Harkness with a copy of the complaint and
inquired if Harkness and Ratliff were available to discuss the complaint with him after a morning
meeting. On the same day, Ratliff emailed Robinson and Harkness attaching student athletic
evaluations for Beach for 2011 and 2012, stating, “out of 32 evaluations, 31 had Beach as good
or excellent …” On March 21, 2013, Harkness reviewed Robinson’s draft email to Jane Doe 1
Page 15 of 95
asking her to meet with him to discuss the complaint. KSC’s Title IX Coordinator, Dr. Dottie
Morris, was not made aware of Jane Doe 1’s Mother’s complaint or KSC’s investigation.
Robinson decided on the course of action for the investigation, and Harkness agreed to it.
Robinson had no experience or training in conducting sexual harassment investigations, but
Harkness had conducted sexual harassment investigations. Although Harkness usually reviews
the personnel files of individuals accused of sexual harassment during an investigation, neither
she nor Robinson reviewed Beach’s personnel file during the KSC investigation. On or about
April 9, 2013, Robinson met with Jane Doe 1 to discuss Jane Doe 1’s Mother’s allegations.
Robinson incorrectly inferred from Jane Doe 1’s description of how Beach had touched her that
Beach put his arm around her shoulder. Robinson did not ask Jane Doe 1 to show him where or
how Beach had touched her. Robinson stated that Jane Doe 1 told him she did not believe the
touching was sexual in nature. Robinson did not review Jane Doe 1’s Mother’s letter of
complaint point by point with Jane Doe 1, took sparse, undated notes of his conversation with
Jane Doe 1, did not fill out an intake form, did not ask Jane Doe 1 to consider signing and dating
a written statement of complaint to initiate a formal complaint process, did not discuss options
under KSC’s policies and procedures for handling complaints of harassment, and did not make
an annual report to the President regarding Jane Doe 1’s Mother’s complaint.
After meeting with Jane Doe 1, Robinson concluded that the allegations did not rise to
the level of sexual harassment and ended any further investigation. On April 10, 2013, Robinson
emailed Harkness and Ratliff regarding his finding specifying that Beach’s contact with Jane
Doe 1 was “an arm around her shoulder” and that Jane Doe 1 did not “perceive it as sexual, but
uncomfortable.” Robinson also stated that he had not spoken with Beach. Robinson later met
with Beach and Ratliff in his office to counsel Beach about his behavior. Robinson told Beach
Page 16 of 95
not to put his arm around students, and Beach responded that he did not mean anything by it.
Robinson told Beach that the blonde comments were not okay, and Beach acknowledged making
the comments. Beach was upset because Robinson would not tell him specifics about the
complaint or identify the complainant. Robinson did not document his meeting with Beach, and
no disciplinary action appears in Beach’s personnel file related to Jane Doe 1’s Mother’s
complaint or Jane Doe 1’s interview.
On June 3, 2013, Jane Doe 1’s Mother emailed Ratliff for a status update on the
investigation since neither she or Jane Doe 1 had heard from KSC, copying Robinson, Colbert
and Gail Zimmerman, Associate Vice President for Student Affairs and the Dean of Students. On
June 5, 2013, Robinson emailed Jane Doe 1’s Mother and Jane Doe 1 stating that he and Ratliff
had “addressed all issues expressed in your letter” [the 3/5/13 complaint] and had met with
Beach and “[w]e believe the impacts of specific behaviors were clearly understood. . .”
On March 12, 2014, Jane Doe 1’s Mother emailed her March 2013 complaint to Anne
Huot, President KSC, Carrah Fisk Hennessy, Assistant Coach KSC Softball Team, Paul
Striffolino, Assistant Vice President of Student Affairs, Zimmerman, Ratliff, Colbert and
Robinson.
C.
Prior Complaints Of Sexual Harassment Against Beach
In the course of this investigation, while reviewing Beach’s personnel file, a letter of
discipline regarding a complaint of sexual harassment by a student in 2003 was discovered.
Upon further investigation, two sexual harassment complaints by two KSC students against
Beach in 2003 and 2004 were discovered. The summaries below were taken from the factual
findings of Julie Dickson, Executive Assistant to the President, KSC, who investigated both
complaints in 2003 and 2004. Although Robinson had knowledge that a complaint against Beach
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had been made in 2004 (because he received the complaint), he did not recall that complaint
during his investigation of Jane Doe 1’s Mother’s complaint, nor during his initial investigation
interview on April 16, 2014. Prior to the Jane Doe 1 complaint, Harkness was aware of vague,
general concerns about Beach, but nothing specific. Robinson reported that Harkness told him
that she recently found the letter of discipline in Beach’s personnel file.
On December 18, 2002, KSC student Jane Doe 3 made allegations of inappropriate
touching and verbal comments by Beach to David Hill, Dean of Professional and Graduate
Studies. Those allegations included three allegations of touching (hip, hamstring, and shoulders)
and six verbal incidents (including “blonde” statement, use of profanity, “not bad for a girl,” “are
you done bitching?”). Hill did not initiate an investigation into the allegations or respond to Jane
Doe 3. On August 18, 2003, Jane Doe 3 renewed her allegations against Beach and expressed a
desire to pursue a formal sexual harassment complaint. On September 4, 2003, after having
conducted an investigation into Jane Doe 3’s allegations, Dickson issued her investigation report
finding a pattern of conduct by Beach toward Jane Doe 3 and that KSC “should acknowledge
that it violated its own sexual harassment policy by not conducting an investigation at the time of
Jane Doe 3’s initial letter.” On September 30, 2003, Janet Gross, Vice President for Academic
Affairs, wrote to Beach informing him that he was found to have engaged in a “pattern of
conduct hostile to student learning” and that “should another incident occur in the future, the
institution will take action of a more severe nature.” Beach was instructed to refrain from making
statements demeaning to women students and to refrain from touching students without
permission. This letter was placed in Beach’s personnel file and was discovered there in the
course of this investigation.
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On April 20, 2004, KSC student Jane Doe 4 emailed Robinson with allegations of
inappropriate touching and comments by Beach. The allegations included three incidents
including a remark about her nice legs, rubbing shoulders, and a remark about her “nice ass.” On
May 24, 2004, having conducted an investigation into Jane Doe 4’s allegations, Dickson issued
her investigation report finding that she could not “conclude with absolute certainty that the
specific behaviors occurred” although they were similar to Jane Doe 3’s complaints. Dickson
noted that the behaviors were alleged to have taken place prior to being counseled about the Jane
Doe 3 allegations, that the behaviors were inappropriate and that Beach did not seem to
understand the concerns or accept the validity of the complaint. Dickson’s use of a standard of
“absolute certainty” for the sufficiency of the evidence was erroneous. It appears that KSC took
no action as a result of Jane Doe 4’s complaint.
D.
Witness Interview Summaries
These witness summaries accurately outline information provided by each witness during
the witness’ interview with investigative counsel.
1.
Jane Doe 1’s Mother
At the end of August, Year, Jane Doe 1’s Mother, Jane Doe 1’s Father and Jane Doe 1
met Beach for the first time when they were moving Jane Doe 1 into her dormitory room. Jane
Doe 1’s Father recognized Beach standing outside the door and approached Beach about Jane
Doe 1 playing softball. The assistant coach of the softball team, Meghan McLoughlin, was also
present. Beach told them that he was looking for a Field Position and gave them the information
for tryouts. Beach became more comfortable after realizing that they had a mutual friend – a
former softball player. Beach said that because of that former softball player, he had developed a
reputation for tall blondes. Beach also told them the former softball player’s preferred alcoholic
drink. McLoughlin is a tall blonde and appeared to Jane Doe 1’s Mother to have been
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uncomfortable about Beach’s comments. This interaction with Beach was the only time that Jane
Doe 1’s Mother met Beach and thought this was an odd conversation to have at their first
meeting.
In August Year, Jane Doe 1 went to the softball tryouts when they did not conflict with
her class schedule. The tryouts were for the entire team, not solely Class Year. Jane Doe 1’s
Mother spoke with Jane Doe 1 about 2-3 times a week during tryouts. Beach and the 2 assistant
coaches, Deb Beach (Beach’s wife) and McLoughlin, attended the tryouts. During the tryouts,
Jane Doe 1 heard Beach make comments about Jane Doe 1’s high school, High School (“HS”).
He said, “HS” and rolled his eyes in a negative way. Jane Doe 1 noticed that Beach gave
feedback to other players about their playing, but refused to give Jane Doe 1 feedback about her
playing.
In September Year, at softball practice, Beach suggested that Jane Doe 1 try a heavier bat
when batting. Jane Doe 1 used the heavier bat and hit the ball into the outfield. She was very
pleased about her hit and headed to the dugout where Beach was. Beach’s arm came around Jane
Doe 1 from the side, resting his hand on or just above her hip. Beach slid his hand up her side,
under her shirt, stopping just under her breast. Jane Doe 1 asked him what he was doing to which
he replied that it was something he did to the girls. Beach’s touching in this manner was referred
to as “the move.” This was the only time that Beach did “the move” on Jane Doe 1.
After this incident, Jane Doe 1 called Jane Doe 1’s Mother and told her what had
happened. Jane Doe 1 told Jane Doe 1’s Mother that Beach has done a creepy thing to her. Jane
Doe 1 told Jane Doe 1’s Mother that she was upset – no one had ever done anything like that to
her before. She also said that the softball players talk about Beach’s “move,” that it is disgusting,
and that they question why he does “the move” to some and not others, surmising that maybe
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some girls were not his type. Jane Doe 1 saw Beach do “the move” to other players which was
witnessed by other players and Beach’s wife. Beach did “the move” openly at tryouts.
After Beach did “the move” on Jane Doe 1, Beach cancelled a practice due to rain,
texting the players about the cancellation. However, Jane Doe 1 did not receive a text message
from Beach cancelling practice, so she asked her friend whether she should still go to practice.
Her friend recommended against going because Beach probably wanted her alone. Jane Doe 1
did not go to practice.
On Month, Year, the KSC Softball Team played a scrimmage against another team. Jane
Doe 1 played Field Position during the scrimmage and thought she played well. After the
scrimmage, Beach went onto the field with the players and said, “I guess we have a team here.
All except Jane Doe 1 because she can’t play softball. Get off the field – you are not good
enough to play softball.” Jane Doe 1 was the last player to be cut. All other players were cut in a
private manner, and Jane Doe 1 was the only player to be cut in public.
After she was cut, Jane Doe 1 called Jane Doe 1’s Mother and was devastated. She could
not understand why she had been cut from the team in that manner and felt that the other players
who said they had her back did not stand up for her. Jane Doe 1’s Mother told Jane Doe 1 that it
was probably good that she would not be playing with a pervert. It took Jane Doe 1 about half an
hour to calm down at which point Jane Doe 1’s Mother felt okay about getting off the phone with
her.
On March 5, 2013, Jane Doe 1’s Mother sent an email attaching her complaint to Ratliff.
Jane Doe 1 did not want to go through the reporting procedures. Jane Doe 1’s Mother sent the
complaint because Beach was going away every March with the softball players unsupervised
and she felt a responsibility to tell someone at KSC. Ratliff responded to Jane Doe 1’s Mother
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that it was spring break and he needed to give the letter attention. When Jane Doe 1’s Mother did
not hear back from Ratliff, she contacted him again.
Robinson got in touch with Jane Doe 1 and had a long, thorough meeting with her. Jane
Doe 1 told Robinson every aspect of Jane Doe 1’s Mother’s complaint, “the move,” cancelling
practice, the cut and showed him texts to and from Former Coach 1, assistant coach at HS, with
whom Jane Doe 1 had communicated about Beach. Robinson did not speak with Jane Doe 1’s
Mother. Jane Doe 1 said that Robinson thanked her and she believed that Robinson believed her
and took her seriously. Robinson told Jane Doe 1 that he would get back in touch with her, but
Robinson did not get back in touch with Jane Doe 1. Jane Doe 1’s Mother emailed Robinson,
and believes she copied the interim President of KSC, Jay Kahn, asking what was going on with
Jane Doe 1’s complaint. [Note: Jane Doe 1’s Mother’s email dated 6/3/13 does not copy Jay
Kahn, and no other emails to Jay Kahn were located at KSC. Jane Doe 1’s Mother was asked to
conduct a second search for any emails sent or copied to Jay Kahn, and Jane Doe 1’s Mother
indicated that she looked again but could not locate any.] Robinson responded in an email to
Jane Doe 1’s Mother to the effect that Jane Doe 1’s complaint had made a difference.
In March 2014, when Jane Doe 1’s Mother noticed that Beach was still the coach and
remembered that the softball team would be traveling to Florida with Beach, she decided to
renew her concerns. In her complaint, Jane Doe 1’s Mother stated that Beach “felt up the girls.”
By “felt up the girls” she was referring to “the move.” Jane Doe 1’s Mother does not know of
any other incidents (other than “the move”) in which Beach touched the players.
Jane Doe 1 told Jane Doe 1’s Mother that the assistant coaches were great. Jane Doe 1’s
Mother does not think that Jane Doe 1 confided or spoke with anyone in authority about Beach at
the time that it happened. Jane Doe 1’s Mother was told that many years ago Beach had arranged
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a date for one of his players with an older man. Other than that incident, Jane Doe 1’s Mother is
not aware of any other past incidents concerning Beach. Jane Doe 1’s Mother has spoken with
softball player Jane Doe 5’s mother, Jane Doe 5’s Mother, about Beach’s behavior and her
complaint. Jane Doe 5’s Mother told her that Jane Doe 5 did not experience “the move.”
2.
Jane Doe 1
In the Spring of Year, Jane Doe 1 graduated from HS. She played shortstop for HS’s
Division II varsity softball team. She had played Field Position since she was 9 years old. Her
two coaches were Former Coach 1 and Former Coach 2. She described Former Coach 1 as her
“second dad,” and Former Coach 1 had coached her since childhood. Former Coach 3 was
another assistant coach at HS.
Jane Doe 1 did not meet Beach before she enrolled at KSC. When she filled out her
common college application, she listed softball as an interest, and this listing triggered an
automatic notification to the KSC softball coach. Former Coach 3 encouraged her to contact
Beach about playing softball at KSC because Beach had contacted Former Coach 3 about Jane
Doe 1. Jane Doe 1 emailed Beach in March 2012 or early Spring 2012, but she never heard back
from him. During tryouts, she told Beach that she sent him an email in the Spring. Beach
questioned receipt of an email from her, and he stated that he did not understand why he would
not have responded to her email. Later, Beach located the email that Jane Doe 1 had sent to him,
and he confirmed with her that he had found it. He told Jane Doe 1 that he could not understand
why he had not sent her a reply, as he replies to his emails from student athletes.
Jane Doe 1 felt caught off guard by Beach’s conduct at KSC in part because she had
played softball for the same coach Former Coach 1 for so long beforehand. Softball was Jane
Doe 1’s life, and she was a successful and confident player. Beach’s conduct towards her was
shocking, and Beach tore her confidence away from her and ruined softball for her.
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Jane Doe 1 met Beach for the first time when she moved into her dormitory room, and
she experienced a “weird vibe” from him. She was with her parents, and her father was “weirded
out” by Beach. She believed Beach was at her dormitory to help another softball player unpack.
Jane Doe 1 and her parents introduced themselves to Beach near the dormitory building and told
Beach about Jane Doe 1’s interest in playing softball at KSC. Jane Doe 1 told Beach that she
played Field Position, and Beach commented that he was looking for a Field Position. Beach
explained the fall schedule to Jane Doe 1, and he provided her with the date of a team meeting.
Jane Doe 1’s Mother mentioned to Beach that one of Beach’s former softball players,
Former Player, was a mutual acquaintance. Former Player, the mother of Jane Doe 1’s friend,
Daughter of Former Player , had played for Beach. Beach commented that Former Player was a
good player. Beach made a weird comment that he preferred blondes over brunettes. Beach’s
assistant coach, Meghan McLoughlin, who was blonde and had long hair, was present.
McLoughlin was new to the team, and she had pitched for Beach as a former softball player and
was very close to him. Beach assisted Jane Doe 1 by carrying items to her dorm room, and he
treated her nicely during this time.
Jane Doe 1 told several people about Beach’s comment that he preferred blondes. She
told her friend Jane Doe 2, a brunette from her dormitory, who played softball. She may have
told Former Coach 1 in email communications. She also told her friends at HS. She also told
Robinson about the comment when he interviewed her in 2013.
In late August and September Year, Jane Doe 1 attended try outs as a
student
athlete. Tryout sessions were scheduled four days per week (Monday-Thursday) from 4–6:30
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pm. On number days each week, she had an academic class that conflicted with the schedule for
softball tryouts. Her academic class was scheduled from Time on Number days between Monday
and Thursday. Jane Doe 1 went to softball tryouts whenever she could. On the days when she
had the conflict with her academic class until Time, she attended the last Time minutes of the
softball practice to demonstrate her commitment to playing. The entire team attended softball
tryouts. Beach and McLoughlin attended all tryout sessions, but the other assistant coach, Deb
Beach, the head coach’s wife, rarely attended tryout sessions. Deb Beach attended the intrasquad scrimmage on the day Jane Doe 1 was cut, but she was not at the regular tryout practices.
During tryouts, Beach singled her out for rude comments. On one occasion, she turned a
double play, and Beach did not like how she performed. After she turned the play, Beach shook
his head at her and said “HS softball.” On another occasion, Jane Doe 1 practiced a skill
involving fake throws. After watching Jane Doe 1 perform the skill, Beach stated that the way
his team did it was bad, but what Jane Doe 1 just did was awful. Jane Doe 1 asked Beach for
substantive comments and feedback during tryouts, but she did not receive more detailed
feedback from him. Other players were receiving substantive feedback from Beach. Only two
players were trying out for the Field Position. The other Field Position eventually made the team,
and Jane Doe 1 was the last player to be cut from the team.
During tryouts, Jane Doe 1 emailed Former Coach 1 about her concerns with Beach’s
conduct during tryouts, and Former Coach 1 responded with words of encouragement for Jane
Doe 1. [Note: Jane Doe 1 opened her laptop computer and read from Facebook email
communications between her and Former Coach 1 during the KSC tryouts.
One of the longer emails she read was dated September 14,
Year. Jane Doe 1 provided copies of the emails that she read during her interview.]
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After one tryout practice, in late August or early September, approximately two or three
weeks before she was cut at the intra-squad scrimmage game, Beach touched Jane Doe 1 in a
manner that was unwelcome and she found inappropriate. After practice, Jane Doe 1 had cleaned
up and raked the field with the team, as was customary. She returned to the dugout to get a drink
of water from the water cooler on the dugout bench. The dugout is open faced: there is no fence
on the open side. Two other players were in line to get water in front of her, no one was in line
behind her. Beach came into the dugout from right field. Beach approached Jane Doe 1 from the
side. His arm came around Jane Doe 1 from the side, and he placed his hand just above her waist,
on the outside of her T-shirt. Beach half picked her up by the waist. Beach’s physical contact
caused one of her feet to be lifted from the side. She became off balanced, and the touching
caused Jane Doe 1 to physically move towards Beach. Jane Doe 1 told Beach, “Don’t do that.”
Beach replied, “That’s how I treat all my players.” Jane Doe 1 found the touching to be creepy.
Beach appeared caught off guard by the fact that Jane Doe 1 stood up for herself. The two other
players did not observe the event because they were facing the water cooler. Beach did not touch
her on any other occasion. Beach did not place his hand underneath her shirt, or otherwise come
into contact with her skin. Jane Doe 1 did not tell her mother that Beach’s hand went underneath
her shirt. Jane Doe 1 told her mother and her friend Jane Doe 2 about how Beach had touched
her. She also told Robinson about how Beach touched her. She did not see Beach touch other
softball players in the same manner.
Jane Doe 1 never heard the phrase “the move” used to describe Beach’s conduct. No
softball players used that term to describe Beach’s conduct towards the players. Beach was more
touchy with players. None of her prior coaches had touched her. She saw a lot of hugging and
close relationships. Some players, mostly Class Year, thought Beach’s interaction with players
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was weird and not appropriate. Some Class Year described Beach as like a dad, and they said
they are close to him. Many of the Class Year were comfortable with Beach, but Jane Doe 1 was
not comfortable.
Beach appeared to judge girls on their appearance, and he made comments about the way
they looked. Jane Doe 1 felt uncomfortable because she was there to play softball and not
participate in a beauty pageant. She could not remember any specific statements made by Beach
about the softball players’ looks, and she expressed frustration with her difficulty in recalling
specific examples of statements made by Beach, which she attributed to the passage of time since
her tryouts. Beach talked about a player’s boyfriend on one occasion, and Jane Doe 1 was not
comfortable with this conversation that was unrelated to softball.
Approximately four days before the intra-squad scrimmage, Beach cancelled a practice
because it was raining. Beach usually texted the players with messages, and he had Jane Doe 1’s
phone number. Beach did not text Jane Doe 1 about this cancellation. She found out about the
cancellation because her friend Jane Doe 2 told her. Jane Doe 1 was not sure whether the
oversight was intentional or unintentional. Jane Doe 1 was starting to get the hint that she was
not going to be on the team. She asked her mother and Jane Doe 2 if she should go to practice
anyways, and both advised her not to go. Jane Doe 1 did not believe that Beach’s cancellation of
practice was an attempt to get her alone. At first, she thought that he just forgot to text her. Her
mother brought up the possibility of attempting to get Jane Doe 1 alone. She also mentioned it to
her suitemate, and her suitemate advised her not to go to the cancelled practice because
something bad could happen.
On Month, Year, Beach cut Jane Doe 1 from the KSC Softball Team after an intra-squad
scrimmage game. In order to field two teams for the scrimmage, the KSC softball players
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divided into two groups. Jane Doe 1 played Field Position for one team, and the other player
competing for the Field Position played for the other team.
During tryouts, Beach had not discussed his process for making cuts. Beach had made all
other cuts during the weeks prior to this scrimmage in private settings. Beach had asked other
players cut from the team to stay after practice, or he had talked to them privately away from the
softball field between tryout practices.
Jane Doe 1 believed that Beach cut her because she was a
player softball player,
Everything Beach said was against her and
unfair, and Beach felt she was not 100 percent committed to the KSC softball program
By the time she was cut, Jane Doe 1 did not want Beach as her
coach. She had become upset and stressed after every practice, and she was no longer enjoying
softball. The current softball team would agree that Beach singled her out.
Before the scrimmage, one of the softball players told a group of four girls, including
Jane Doe 1, that she knew who would be cut from the team because Beach had told the player’s
father.
Jane Doe 1 believes she read her mother’s letter of complaint before Jane Doe 1’s Mother
sent it, but is not certain. She read it before she met with Robinson. She agreed with most of the
comments in the letter of complaint, and she would not have let her mother send it if it was not
accurate. Jane Doe 1’s Mother’s letter was “pretty much on spot.” Jane Doe 1 disagreed with
Jane Doe 1’s Mother’s characterization that Beach was “feeling up” the softball players.
Sometimes, players appeared uncomfortable when Beach touched them. Beach would tap a
player on the thigh and leave his hand there. Class Year were used to it, but Class Year reacted to
Beach differently, and it was mostly Class Year talking about Beach’s conduct.
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Robinson sent Jane Doe 1 an email asking her to meet with him to discuss her
experiences with Beach. She went to Robinson’s office on the 2nd or 3rd Floor of the Student
Center. Robinson met alone with Jane Doe 1 with the door closed. Jane Doe 1 felt comfortable
speaking with him. Robinson told her that he would follow up with her, but Jane Doe 1 did not
receive any follow up.
She described
the meeting as follows: “I told him everything that I just told you.” Jane Doe 1 told Robinson
how Beach touched her just above the waist, and she provided Robinson with the same account
of how Beach had touched her. Jane Doe 1 told Robinson that the touching was weird and
inappropriate. Jane Doe 1 did not tell Robinson that Beach had touched her on the shoulder. She
definitely told him about the touching just above the waist, as it is one of the things that really
stands out in her mind.
Robinson wrote a little bit on a notepad during the meeting. Robinson did not provide any
feedback during the meeting, but just nodded his head and jotted a few things down. Robinson
did not seem that interested, and he did not ask as many questions. Jane Doe 1 carried with her
and accessed her laptop computer during her meeting with Robinson to read aloud the same
Facebook email messages between her and her former coach Former Coach 1 during the tryouts.
Robinson did not ask for a copy of the email messages. Jane Doe 1 told Robinson about Beach’s
comment in front of her dormitory that he preferred blondes. Jane Doe 1 did not speak to any
other KSC employees about Beach.
3.
Charles Beach
Beach is the Softball Coach of the KSC Division III Girls Softball Team. He reports
directly to Colbert and considers Ratliff to be his ultimate supervisor. Beach’s wife, Deb Beach,
has been an assistant coach for his entire coaching career. Deb Beach is not involved with the
softball team in the Fall. She coaches high school field hockey. She cannot attend practices
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during the week, but she does attend practices on Saturday morning. Carrah Fisk Hennessy is an
assistant coach. Beach has known Hennessy since Hennessy’s childhood.
Beach and Deb Beach handle recruiting. Beach expressed frustration and annoyance that
his interview regarding the Jane Doe 1 complaint was preventing him from recruiting on the day
of the interview. Their recruiting program is extremely successful. Beach advises prospective
players to pick a college based on how the college feels. He asks players to consider if they
would they be happy at KSC if they broke an ankle and could not play softball. He jokingly tells
them they should consider playing for an overweight, bald and handsome coach. Beach does not
like “showcases” as a recruiting technique. Showcases involve sessions where coaches are
invited to attend and watch players field ground balls and fly balls. Beach tells parents that they
are “pimping out their daughters to coaches” during showcases, and that they should let their
daughters pick the college they want to attend. Beach prefers recruiting by watching high school
games. He finds it more important to observe how players behave after they strike out, as
compared to how they perform during a showcase.
Beach refers to tryouts as auditions. Veteran players must audition each year to secure a
spot on his team. Typically, the team practices Monday, Wednesday, Thursday and Friday
during auditions in the Fall, but if it rains, he will switch the schedule to get four days in each
week.
Beach did not meet Jane Doe 1 before she arrived at KSC. Jane Doe 1 contacted Beach
by email, and Beach intentionally did not answer that email. Instead, he contacted Former
Coach 3, a coach at Jane Doe 1’s high school, who had played softball at KSC for Beach. Beach
asked Former Coach 3 if Jane Doe 1 could play at KSC. Former Coach 3 answered that she was
not sure. Former Coach 3 told Beach that Jane Doe 1 had speed and success at High School, but
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Former Coach 3’s responses regarding Jane Doe 1’s likelihood of success at KSC were
indefinite. Beach also visited City High School to scout a credentialed player named Jane Doe 6
who was a pitcher. Jane Doe 1 played against City High School that night for HS. Jane Doe 1
“couldn’t do anything” against the opposing pitcher.
Beach met Jane Doe 1 and her parents on move in day at Jane Doe 1’s dormitory. Jane
Doe 1’s parents inquired about try outs for the team. McLoughlin may have been with Beach.
Beach described his four-week program of auditioning. Typically, he also discussed with parents
the costs and logistics of going to Florida in the Spring. Beach probably told Jane Doe 1 that he
was looking for Field Position. Beach did not find a Field Position that year. Beach did not
remember making any comments about preferring blondes over brunettes, but this comment may
have occurred. Beach and Jane Doe 1’s Mother discussed a mutual acquaintance named Former
Player (according to Beach not Former Player anymore) who came up in discussions. Former
Player had played for Beach in Year for one year.
Beach has no memory of touching Jane Doe 1 near the water container in the dugout
during tryouts. It is possible that Beach placed his arm around Jane Doe 1’s shoulder, but
unlikely that he placed his arm around Jane Doe 1’s waist because he did not do that. Beach has
no memory of grabbing and lifting Jane Doe 1 off the ground. It is not something he would do.
He questioned incredulously, “why in the hell would I do that?”
Beach described one of the ways he would coach students to have quicker reactions in the
outfield, but he has not used the coaching technique in years. Beach would stand behind a player
in the outfield as a fly ball was hit to the player. Beach would move in anticipation of catching
the ball, and if Beach moved faster than the player in front of him, Beach would hit the player in
the side of the rib cage so as to indicate that the player needed to have a quicker reaction. Beach
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may touch players in the dugout where there are close quarters, in order to move players out of
the way. He might put his hand on a player to move them so he could get around them in the
dugout.
Jane Doe 1 could have emailed Beach several times during recruiting without receiving a
confirmation receipt. Beach’s coaching technique is to ignore initial emails and outreach via the
KSC website from new recruits to assess their level of interest in playing at KSC. If the player is
serious about playing softball at KSC, the player will contact him again. He also deletes a lot of
emails from out-of-state players with low probability of coming to KSC, and he focuses more on
local recruits where promising recruiting opportunities exist.
Beach has no memory of Jane Doe 1 asking for feedback from him, but a lot of players
do ask for feedback. Beach remembered admonishing Jane Doe 1 on the field during practice
when Jane Doe 1 was faking a throw to first base in order to get the player out on second base.
Beach told Jane Doe 1 that her fake was terrible. But, on her second attempt, Jane Doe 1
executed the play well, and Beach indicated that her fake was excellent. Beach’s criticism of
players during practice relates to his sense of humor in addressing how things need to be done.
Beach made derogatory comments to Jane Doe 1 about her high school, HS. Beach made similar
comments about City High School and the other high schools of players. His criticism is part of
his humor and it is designed to have fun. For example, Beach received his Ph.D. from Michigan
State University, and if anyone wears a Michigan University hat in his class, they are required to
wear the hat backwards.
Many people are intimidated by Beach and he does not think he can help it. He indicated
that many umpires do not like him and have commented to his players that they do not know
how the players can play for him.
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Beach cut Jane Doe 1 after a scrimmage on Saturday morning. The team was raking the
infield, as was typical after a scrimmage. Beach took Jane Doe 1 to the right field fence just
beyond the first base dugout. Beach did not raise his voice and told Jane Doe 1 that she was
being cut from the team. She was not as good as the other players here and she might be able to
play at another college, but not here. Jane Doe 1 was in tears as Beach was speaking to her. Jane
Doe 1 responded to him with an odd comment: “I wore my lucky spikes today.” Her spikes were
worn and old and she thought they would bring her good luck. Beach found this comment sad
that Jane Doe 1 would rely on her spikes instead of her own abilities. No parents were in close
proximity near the right field fence where he cut Jane Doe 1, and nobody was within earshot. It
was a private conversation and Beach thought about making sure it happened that way.
It was not unusual for Beach to cut a player in the fashion he cut Jane Doe 1. Beach cuts
players on a rolling basis at any time. Overall, there is not a good way to get this done.
Sometimes, he makes cuts in the bleachers, and in the Winter, Beach will bring a player out of
the gym and leave the assistant coach behind with the team, and have a hallway conversation. As
soon as Beach says something to the effect “I need to talk to you,” that usually is a comment that
is electrified in the room.
Beach has no set formula for cuts, and he makes the final decision on cuts. Typically,
Beach will consult with his assistant coaches before the cut and tell them that he wants to cut a
player, and inquire if they see any reason not to make the cut. He often questions whether he has
given the player enough time, and sometimes, the assistant coaches will say, “not yet.” There
have been instances where Beach felt he should cut a player, and Deb Beach responded, “take
her to Florida,” and the player has come back from Florida and ended up starting at third base, so
there is no exact science to deciding who is cut. He prefers to make cuts before the end of the
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first semester to give a player a chance to transfer if a player wants to transfer without losing a
year of eligibility to play. Beach does not make cuts in his office because he is not comfortable
taking women alone to an isolated area of the field house. Beach does not talk to his players or
parents about which girls are being cut.
Beach has no memory of discussing the alcohol preferences of former players. Beach has
no memory of helping a former player develop a relationship with an older man.
Beach never read or was provided with the written complaint by Jane Doe 1’s Mother.
About one year ago, after his softball season was over, Beach was asked to meet with Ratliff and
Robinson in Robinson’s office. Robinson and Ratliff indicated they had received a letter from
somebody, but they would not show the letter to Beach. Robinson did most of the talking during
the meeting. Ratliff just said “this and that.” Beach does not recall Ratliff or Robinson taking
notes during the meeting.
During the meeting, Beach remembered “some business about touching.” The word
“touching” definitely came up in the meeting, but Robinson never described the specific
allegations against Beach regarding touching. Beach was so angry at the time because he was not
being told the allegations against him, and he only remembers bits and pieces of the
conversation. Beach told Robinson and Ratliff he did not inappropriately touch anybody. That is
the “standard answer” because he does not. Beach felt the meeting was more about receiving a
reprimand than an inquiry about what had happened. Beach was not given an opportunity to tell
his side of the story, and he did not know what were the exact charges against him.
Beach was not provided with the identity of the complainant, and he had to figure out the
identity of the complainant on his own. Robinson referenced that a player had been embarrassed
by being cut in front of the team. Beach then knew who the complainant was, as he remembered
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Jane Doe 1 being upset about being cut. Robinson and Ratliff instructed Beach not to crack the
backs of his players because it looks bad. They instructed Beach not to hug anybody. This
instruction to avoid hugging is very hard because he is a hugger. Beach hugs fathers too. It is a
natural thing for Beach that he does, which is as natural as anything he does. He was coached in
the 1950’s and 1960’s, and it was just typical for a coach to put an arm around you and coach
you. Everybody did it then. Beach only spoke to Robinson once about this matter.
Robinson also reprimanded Beach about bringing up comments regarding blondes.
Robinson told Beach to stop making comments about blondes. Beach’s comments about blondes
have been a long-standing joke between coaches in his league. The joke is that unless you are a
tall blonde, you cannot play for Beach at KSC. Beach recounted an incident when a high school
player from Village snuck into the field to watch KSC play, and when the player asked about
playing at KSC, a comment was made that they are all beautiful and blonde, but they can hit the
shit out of the ball. The blonde comments are a joke and “this is just funny, it’s a joke.” Beach
watched another recruit play softball five times. His wife, Deb Beach, accompanied him once.
The player was a 5 foot 9 inch bleach blonde. After Beach spoke to the player and walked away,
Deb Beach said, “she’d better be able to play.” The joke about blondes has no truth in reality.
Beach keeps 30 to 40 pictures in his office of All-American players at KSC. A low percentage of
them are blonde, and “blonde has nothing to do with the program, it’s just a joke.”
Beach was asked whether he ever received prior complaints about touching. In response,
he gave the example of Jane Doe 7 in the early 2000’s. Beach put his hands on Jane Doe 7’s
shoulders to coach her and she pulled back. Beach asked her what is the matter. Jane Doe 7
indicated that she could not stand having her collarbone touched. It was a weird thing for her.
Beach gave another example of a woman who did not like the use of the word cotton balls. He
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gave a third example of a woman that did not like the use of the word “fluids” to describe a
drink. The player associated fluids with bodily fluids. Beach was asked about other complaints,
and he did not volunteer any other prior complaints about touching.
During this investigation, Beach was questioned specifically about how he touches
softball players. Beach cannot remember ever putting his arm around the waist of a player.
Beach does touch players’ shoulders during coaching. No player has expressed discomfort with
such touching. He touches players’ shoulders “like Frankenstein” with two hands on their
shoulders. Ratliff saw him do this when pitcher Jane Doe 8 pitched her first victory. Beach put
her hands on Jane Doe 8’s shoulders and said “terrific” and he gave her the game ball. Ratliff
said it looks bad. Beach responded that he was just congratulating her. Beach will touch or tap a
players’ knee, for example tapping the knee and telling a player to go pinch hit. No players have
ever expressed discomfort with this touching.
Beach has attended anti-harassment training at the College, but he does not remember
when he attended training. He attended live training, but he is not sure who offered the training.
To him, the training was “the same old stuff,” but Beach sees value in regular training for
students who are more transient. Beach observed that the training can overlap, and the kids lose
attention when they think they are hearing the same old thing.
4.
Andrew Robinson
Robinson was the Vice President for Student Affairs of KSC. Ratliff made him aware of
Jane Doe 1’s Mother’s complaint and provided him with a copy of it. He talked to Ratliff, then
copied Harkness on an email. Robinson emailed Jane Doe 1’s Mother to check if it was okay to
speak with Jane Doe 1. Robinson screwed up by not getting in touch with Jane Doe 1’s Mother.
Robinson followed up with Beach, and he did not view the complaint as related to a sexual
harassment complaint.
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Robinson does not remember speaking with Harkness regarding Jane Doe 1’s Mother’s
complaint, but he thinks she saw the complaint. Harkness took his word as to whether to do an
investigation. He is not sure why Harkness did not conduct the investigation and stated: “good
question.” If Jane Doe 1 had said the conduct was sexual, then he would have gone to Harkness.
Ratliff checked the student evaluations of Beach in Robinson’s office and there were no sexual
references. Robinson is not sure of the timing of looking at the evaluations. Ratliff wanted to
verify whether other players experienced similar conduct by looking at the player evaluations.
Robinson spoke with Jane Doe 1 within a few days of receiving the complaint. He met
with her for about 30 minutes. They met in his office alone. He sat on a couch and Jane Doe 1 sat
on a chair. Jane Doe 1 was well put together, and was a strong, young woman. Jane Doe 1 was
pissed off at Beach and said that her identity with softball was gone. It hurt Jane Doe 1 to be cut
from the team and in the way that it was done with the other players there. Robinson thought that
Jane Doe 1 would be fine. Her focus was that Beach did not treat her right. During the interview,
Jane Doe 1 was angry and sad. He does not remember her crying – nothing major – “no box of
Kleenex.” Jane Doe 1 said that if softball is important enough to her, she will transfer to another
school.
Robinson’s understanding about the dorm incident is from the original complaint, not
from Jane Doe 1. That issue was not Jane Doe 1’s focus. Jane Doe 1’s Mother was focused on
different issues than Jane Doe 1. Jane Doe 1 was focused on her belief that she was good enough
to make the team. Jane Doe 1 was concerned that Beach never gave her a chance. Robinson
probably did not go over all the allegations in Jane Doe 1’s Mother’s complaint with Jane Doe 1.
With respect to the allegations regarding touching, Robinson understood it was an arm
around her shoulder and that Jane Doe 1 did not feel the conduct was sexual. He asked Jane Doe
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1 whether Beach’s conduct felt sexual and Jane Doe 1 answered that it did not, but that she did
not know Beach well enough for him to put his arm around her. Jane Doe 1 seemed surprised
about the sexual reference. Jane Doe 1 was dismissive of Beach’s conduct and did not make
much of it. Robinson is not sure whether he asked her where Beach put his arm. Robinson said
that it is possible that he envisaged/came up with Beach putting his arm around Jane Doe 1’s
shoulder. “Shoulder” could have been Jane Doe 1’s impression or his assumption. If Jane Doe 1
had said hip, Robinson would have been concerned. Robinson did not ask Jane Doe 1 to
demonstrate how Beach touched her. Robinson does not know why he did not ask Jane Doe 1
where Beach touched her. Those would have been good questions, and that is why the sexual
harassment coordinator is good at doing those investigations.
Jane Doe 1 told Robinson that she did not know about practice being cancelled and was
cut within earshot of players. Jane Doe 1 told him that Beach said, “you are not going to make
the team.” Robinson said that he does not remember what her response was to Beach. Robinson
does not remember asking Jane Doe 1 about the other players or if he got the names of other
players because he did not think that other players were involved. He left it with Jane Doe 1 that
he was working with Ratliff and Beach to address the issues with Beach. He does not remember
telling Jane Doe 1 about follow-up.
Robinson does not remember whether Jane Doe 1 had a computer with her, or used a
computer or read emails to him at their meeting. Robinson did not collect any documents from
Jane Doe 1 during the meeting. Robinson probably took notes during the meeting, but would not
ordinarily keep them. He does not think that he has notes because what Jane Doe 1 said was not
as serious as what Jane Doe 1’s Mother alleged. Robinson did not make notes and did not
document counseling Beach. Robinson had not looked for notes from the meeting with Jane Doe
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1 even after Huot asked him for the official file. He has looked at emails and sent them to Huot.
He probably did not set up a file for the meeting and complaint, but would have if it had gone
further. [Note: After this interview, Robinson did locate his interview notes from his meeting
with Jane Doe 1. He wrote: “Charlie Beach touches all his players.”]
Within a few days of meeting with Jane Doe 1, Ratliff and he met with Beach in
Robinson’s office. He does not think Colbert was present. Beach acknowledged that he spoke out
of turn. Robinson told Beach that Beach should not put his arm around students, that it is not
okay. Beach puts his arm around everyone. Beach was stoic during the meeting, but accepting.
Beach said that he did not mean anything by it. Beach had a good rationale for the way Jane Doe
1 was cut. Beach did not want to phone or email, but acknowledged that it was probably not the
best way. Beach acknowledged the dorm comments and that he needed to keep his mouth shut.
Robinson told Beach that the tall blonde comment was not okay. When he spoke with Beach,
Robinson’s focus was on how Beach communicates with others. Beach acknowledged that he
needs to watch what he says. This was the only time they met with Beach about the complaint.
They treated this complaint similarly to mom complaints about coaches – it does not rise
to the level of an investigation. It is not uncommon for a parent to complain. The “old time”
coaches are yellers and the younger coaches give a pat on the back. Beach is an old school coach
who needs to change his behaviors. Beach’s wife is the assistant coach and is fully engaged in
practices – Beach has a “chaperone.”
Robinson did not talk to the assistant softball coaches about Jane Doe 1 or to softball
players. He did not have follow up contact with Jane Doe 1’s Mother. The next time he heard
from Jane Doe 1’s Mother was in 2014.
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Jane Doe 1’s Mother’s written complaint was reviewed with Robinson. Robinson was
asked how the determination was made not to treat this complaint as a formal complaint.
Robinson said that it was an informal decision. He told Harkness that he would meet with the
student. He is not sure whether he sent the complaint to Harkness right away. Harkness was okay
with Robinson talking to Jane Doe 1. Robinson’s strong feeling at that time was that it was not
sexual. He is now aware of the questions he should have asked and a trained sexual harassment
interviewer would have been the appropriate person. This is the only time that Robinson has
handled a complaint of sexual harassment by staff to a student.
In a follow up interview, Robinson was asked about his awareness of prior complaints
regarding Beach. Between 2002 and 2004, Robinson held the positions of Dean of Students and
Associate Vice President of Student Affairs. Robinson did not receive prior complaints about
Beach. If a complaint about Beach had been made, the only manner in which it would have come
to Robinson’s attention was in his capacity as Associate VP of Student Affairs. Beach was not in
his chain of command as Dean of Students. Robinson was not familiar with the name Jane Doe
4. He had no recollection of an email sent by Jane Doe 4 to Robinson regarding a complaint
against Beach in 2004. Robinson had no recollection of investigating a complaint, but he was not
in Beach’s chain of command at that time, and perhaps the reason such a complaint would have
come to him was in his capacity as Dean of Students. Robinson checked his emails and has not
retained any emails going back to 2004.
Robinson believed that Dixon served as Assistant to the President in 2004. While he has
no recollection of the complaint at all, Robinson assumes he would have forwarded the
complaint to Dixon. At one point, the College used pink forms for all complaints of sexual
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harassment or sexual assault. Robinson has no recollection of speaking to Harkness about the
complaint.
Robinson has no recollection of any complaint filed by Jane Doe 3 in 2003. He has no
recollection of Hill discussing a complaint by Jane Doe 3 with him. Robinson has no recollection
of Beach receiving a warning. Robinson does not believe that he was interviewed about the Jane
Doe 3 complaint. He does not believe that he would have been interviewed about the Jane Doe 3
complaint because it would have been outside of his responsibilities, unless the complaint was
received directly by him. Robinson has no recollection of discussing the Jane Doe 3 complaint
with either Harkness, Ratliff, or Colbert. Robinson does not know whether he was authorized to
have access to Beach’s personnel file, but he assumes that he does. He never looked at Beach’s
personnel file, and did not look at it at the time he interviewed Jane Doe 1. Robinson has no
recollection of discussing complaints about Beach with Dixon in 2003 or 2004.
Robinson first learned of prior complaints about Beach’s conduct toward students
recently when Harkness told him that she had found a letter from Gross in Beach’s personnel
file. Harkness indicated that she had found another letter when she looked through Beach’s file.
Robinson had the sense that Harkness was surprised to discover another letter regarding Beach,
and did not have prior knowledge of its existence.
5.
Kimberly Harkness
Harkness is the Director of Human Resources at KSC. She has served as Director since
January 1, 2005. Between 1997 – 2004, she served as the Assistant Director of Human Resources
under former Human Resources Director, Gloria Lodge.
On March 18, 2013, Robinson emailed Harkness and provided her with a copy of the
letter of complaint from Jane Doe 1’s Mother that Robinson had received from Ratliff. The
language used by Jane Doe 1’s Mother “set off alarm bells.” Robinson asked her if she had time
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to discuss Jane Doe 1’s Mother’s letter after a morning meeting. Harkness and Robinson
discussed the letter in Robinson’s office. Harkness did not take any notes of their discussion.
Robinson decided it made sense to talk to Jane Doe 1 about Jane Doe 1’s Mother’s letter of
complaint. During the same week, Harkness also saw player evaluations of Beach that Ratliff
had provided to Robinson. Those evaluations were not necessarily representative of Jane Doe 1’s
perspective because Jane Doe 1 did not make the team.
Harkness does not know if she spoke to anyone else about the letter of complaint. She
would need to ask Kahn if she brought the complaint to his attention. If she had, she probably
would have done it informally in a one-on-one conversation. Harkness met with Kahn monthly,
and she had access to him in between the monthly meetings as needed. While Harkness does not
recall meeting with Kahn, Kahn should be asked about it, as this is the type of complaint he
would be updated about.
On March 21, 2013, Robinson contacted Harkness by email to discuss his plan for
outreach to Jane Doe 1. From Harkness’ perspective, Robinson was not perceiving his response
to the complaint letter as an investigation. Robinson intended to have a conversation with Jane
Doe 1 in the first instance to determine if the complaint letter needed a deeper review. Harkness
agreed to “the plan Andy [Robinson] had decided upon.” Harkness did not plan to participate in
the meeting with Jane Doe 1 because she did not have a role to play unless Robinson had
appointed her to do the investigation or take the next steps. Harkness did not question Robinson
about his plan for handling the written complaint and approaching Jane Doe 1 on his own.
Robinson was the responsible Administrative Officer. Harkness was Robinson’s resource and
she was not in a position to question Robinson about his approach. However, she did feel
comfortable raising concerns with Robinson and she had room to question Robinson about his
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decisions when appropriate. In this instance, she just never questioned his decision on how to
handle the Jane Doe 1 matter. Harkness very often has to challenge the recommendations of
Administrative Officers on how to deal with complaints. Nevertheless, Harkness has to allow the
responsible Administrative Officer to overrule what her recommendations are. When this
happens, she is often hurt, but not always.
Harkness did not look at Beach’s personnel file at the time of Jane Doe 1’s complaint in
2013. Because Robinson and Harkness were not sure what they were dealing with, Robinson was
going to see if the letter of complaint passed the litmus test to move forward. Harkness was “in
pause mode” waiting for Robinson to make an inquiry, and she indicated that it was “her fault.”
Personnel files are typically looked at as part of a review of a complaint, but Harkness did not
tell Robinson to review Beach’s personnel file.
Robinson did not meet with Jane Doe 1 quickly. After their meeting, Harkness did not
ask Robinson details about how the interview of Jane Doe 1 took place. Robinson told her that
Jane Doe 1 had agreed there was touching, but not of a sexual nature. Harkness did not ask
Robinson to describe the nature of the touching to her. Robinson did not tell Harkness that Beach
put his arm around Jane Doe 1 and she did not like it. Robinson did not tell Harkness about a
statement documented in Robinson’s notes of their meeting, which states that “Charlie Beach
touches all his players.” After Robinson met with Jane Doe 1, he concluded that the nature of
Jane Doe 1’s concerns did not rise to the level of sexual harassment.
Following Jane Doe 1’s interview, Harkness was aware that Robinson decided to meet
with Ratliff and Beach together to discuss Jane Doe 1’s concerns. Robinson’s decision to do so is
a reflection on how Robinson deals with conflict. Robinson is a mediator and is conciliatory by
nature, which can be helpful. But, he does not approach issues as “black and white.” Before
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Robinson and Ratliff met with Beach, Robinson emailed Harkness discussing his preliminary
findings. She did not provide suggestions related to the preliminary findings, and she never
questioned whether Robinson should be making preliminary findings prior to speaking with
other key witnesses related to the complaint.
Harkness first learned about prior complaints regarding Beach during the course of this
investigation. She had no involvement in handling prior complaints about Beach in 2003 or
2004. Between 1999 and July 1, 2003, Harkness was on leave from her full-time position at the
College and had been loaned to the University System of New Hampshire to coordinate the
implementation of the human resources data system. She kept office space at KSC and the
University of New Hampshire. During this time, sexual harassment investigations were handled
by Dixon, Lodge, and there were also investigators assigned in student adjudication. Dixon was
involved in investigations because it was an area of overarching responsibility to ensure a
campus-wide perspective for these investigations.
Though she lacked specific knowledge regarding prior complaints, Harkness had an
informal recollection and some knowledge of a concern regarding Beach that was dealt with in
the past. She may have learned about this concern from Lodge, but is unsure. She had an
impression that there had been a complaint, but she cannot trace back where this impression
came from. Harkness cannot even recall a conversation or with whom she spoke regarding the
vague impression of a concern or a complaint. She cannot even be sure if a conversation
regarding the vague impression had taken place, or if she had a specific conversation with Lodge
about it.
The first time that Harkness reviewed Beach’s personnel file was sometime in April 2014
around the time of her first interview in this investigation. Harkness walked out of her first
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interview saying, “Wow, there are things I need to do differently.” This reaction led her to
review Beach’s personnel file in an attempt to make sure that this kind of gap did not happen
again. She only looked through Beach’s personnel file briefly to consider issues of organization
and management of subfolders within the personnel file. She focused on reading the evaluations
and self-assessments in the personnel file. She did not read the entire personnel file, and was just
scanning the file to get ideas for improvement of process. Because she did not read the entire
file, she did not find the 2003 complaint regarding Beach at that time.
Harkness was not aware of a 2002-2003 prior complaint against Beach made by Jane Doe
3. She has no recollection of discussions or meetings with Hill, Dixon, Lodge or Gross regarding
Jane Doe 3. She does not know what the complaint alleges, and Harkness has not seen the
investigative report of the Jane Doe 3 complaint. Until recently, she never saw the letter in
Beach’s personnel file regarding the Jane Doe 3 complaint. Harkness was not aware of Gross’
involvement in an investigation of Beach. Harkness had no discussions with anyone regarding
2003 discipline of Beach.
Harkness had no knowledge of a 2004 complaint against Beach made by Jane Doe 4.
Robinson never told her about the complaint, and no one else ever discussed it with her.
Harkness has not read the Jane Doe 4 complaint. Harkness has no knowledge of whether Ratliff
or Colbert had information about the complaints at the time.
Other than during orientation sessions, Harkness does not believe KSC dedicates a lot of
resources to training. KSC does not provide annual training in sexual harassment for employees.
KSC provides “spot” training in particular circumstances, for example, for employees who work
with minors. In 2005, KSC conducted campus-wide training after KSC implemented a new
intake policy to make intake officers more accessible across the campus, in response to the court
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decision in Schneider v. Plymouth State College. Harkness worked with Dixon on the new intake
process. Employees who were trained in 2005 were required to sign a “bright yellow paper”
acknowledging completion of training, but she has not located those acknowledgement forms in
all personnel files. In 2009, KSC also provided comprehensive online sexual harassment training
through a Workplace Answers website link. In other years, training has not been as consistent or
regulated.
In June 2013, KSC adopted a new policy on sexual harassment. KSC disseminated the
new policy in June or early July 2013 after approval. KSC trained new intake officers and
developed new training materials regarding the policy. KSC intends to provide mandatory
training regarding the new policy. In 2013, KSC updated its intake form.
In 2005, KSC had expanded the number of intake officers across the campus so that
students who believed that discrimination or harassment may have occurred would know how to
report it. The 2005 intake form was detailed, had 3 parts, and contained a series of checkboxes
designed to track and analyze potential patterns in reported complaints. KSC learned from
experience that intake officers were not consistently utilizing the checkboxes, thus defeating the
purpose of the check box system. The revised 2013 form is a simpler form that only requires
documentation of the identification of the intake officer and complainant where appropriate, date
of intake, and a narrative description of the complaint.
There is no centralized system for the maintenance of intake forms. Intake forms are
maintained by the Vice President Academic Affairs, the Vice President of Student Affairs, and
the HR Department. The HR Department maintains those files of completed reviews, but only
for intake forms that are forwarded by the Vice Presidents to the HR Department. A complaint
may be documented on an intake form and investigated by an Administrative Officer without the
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involvement or knowledge of the HR Department. In 2005, when the intake policy was adopted,
Dixon served as a central point of contact for all intake complaints in the President’s Office.
When Dixon left her position, KSC lost its central point of contact for intake complaints.
Harkness believes that, very often, complaints against faculty members are handled
without involvement of the HR Department. The communication about the complaint stops with
the Provost. In this regard, if the HR Department is evaluating a problem regarding the
performance of a faculty member, the HR Department does not have at its fingertips a
centralized system for evaluating prior complaints for risk assessment.
The HR Department is a party to many reviews of complaints. Harkness has also learned
about some complaints after-the-fact. She does not have a high level of confidence that she has
access to all intake forms on campus. Harkness is made aware of written reports drafted
regarding the handling and disposition of complaints, but she does not consistently receive all
written reports. In instances were an Administrative Officer finds that harassment did not occur,
or where behavior stopped short of being pervasive and severe, the complaint may be resolved
informally by the Administrative Officer without Harkness’ involvement. Harkness is typically
involved where some personnel action is taken which requires findings to be documented. She
believes that the decision to take personnel action often serves as the trigger for the completion
of a written report.
Harkness does not know who decides when to write a report regarding a complaint. She
described the system as an iterative process. The decision on whether to assign an Investigator to
a complaint is often “personality dependent” based on the Administrative Officer in charge of the
complaint. The scope of an investigation is determined through consultation between the
Administrative Officer and the Reviewer of a complaint. In nine out of ten instances, if there is
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substance to a complaint, Harkness is assigned as Reviewer to complete a review for the
Administrative Officer. An Administrative Officer can conduct a preliminary investigation of a
complaint, and if the issue is found to be bigger than first thought, Harkness will be pulled into
the investigation to complete it.
KSC has not followed its policy requiring the Vice President of Student Affairs, the Vice
President of Academic Affairs, the Vice President for Finance and Planning and the Director of
Human Resources to submit a confidential annual report to the President by June 30 of each year
listing all formal and informal discrimination and harassment complaints received and describing
their outcomes. Harkness has not submitted a confidential annual report, and she does not believe
the Vice Presidents have either.
If an Administrative Officer wants to handle a complaint without her involvement, it is
not Harkness’ role to question that decision, even if she disagrees with it. There has not been any
occasion where she has suggested to an Administrative Officer that it would be more appropriate
for her to handle an investigation.
There was a purge policy for matters placed in personnel files that was in effect for staff
from 2005-2013. The purge policy was removed from the new policy adopted in 2013. The
policy indicated that, for staff, a disciplinary letter would be removed from the personnel file
after five years. For faculty, the policy said it would follow the terms of the collective bargaining
agreement. According to the collective bargaining agreement for faculty, there were no
corresponding terms as referenced in the policy. Harkness did purge a disciplinary letter from
one personnel file in the past pursuant to this policy. It involved a staff member, not a faculty
member.
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6.
John Ratliff
Ratliff is the Director of Athletics and Recreational Sports for KSC. The day after he
received the Jane Doe 1 complaint, Ratliff went to Robinson with it because it involved a KSC
student. Jane Doe 1’s Mother’s complaint concerned comments made by Beach on move-in day
and inappropriate touching. Ratliff emailed Robinson, and Robinson emailed Harkness. Ratliff
might have talked to Colbert before sending the email to Robinson, but he did not talk to Beach
before sending it to Robinson. Ratliff emailed Jane Doe 1’s Mother, but he did not call her.
Ratliff and Robinson discussed how to handle the situation and Robinson wanted to speak with
Jane Doe 1. Jane Doe 1 told Robinson that the conduct with Beach was not sexual and that the
touching was not appropriate. Robinson told Ratliff that the touching was around her waist, but
he is not sure.
After Robinson spoke to Jane Doe 1, Robinson and Ratliff spoke with Beach in
Robinson’s office. Colbert did not attend the meeting. The purpose of the meeting was to tell
Beach what had happened. Robinson described the touching of Jane Doe 1 to Beach as described
in Jane Doe 1’s Mother’s email. It was not a fact-finding meeting. Beach explained how Jane
Doe 1 was cut from the softball team and that he walked her down the fence line. They talked
about the “big blonde” comments and that Beach should be aware that it could be offensive.
Robinson and Ratliff did not discuss counseling Beach prior to the meeting. The meeting was
more about telling Beach that he should be more aware of his actions. During the meeting, Beach
was not told that is was not appropriate to touch players near the waist – there was no policy yet.
The only documentation of the meeting was the email from Robinson to Harkness. After this
meeting, Ratliff was not involved in follow up with Beach.
They could have taken the complaint with a grain of salt because Jane Doe 1 was cut
from the team. Ratliff, based on Robinson’s email to Harkness, believed that Robinson was not
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treating it as a complaint of sexual harassment. Harkness told Ratliff that if he receives a
complaint of sexual harassment he has to report it to an intake officer. He has no understanding
of what is required after the complaint is reported to the intake officer.
Ratliff has no knowledge of a prior complaint made by Jane Doe 3 and has not seen
documentation about Jane Doe 3’s complaint. Ratliff does not remember if anyone told him
about the complaint in 2002-2003. Ratliff had no recollection of a complaint made by Jane Doe 4
in 2004. He has no recollection of whether Robinson discussed the complaint with him. He does
not believe he ever received information about the Jane Doe 4 complaint. Ratliff has never
reviewed Beach’s personnel file.
President Huot recently discussed with Ratliff letters from Beach’s personnel file that
Ratliff was not previously aware of. Prior to speaking with President Huot recently, Ratliff had
heard of one complaint against Beach by a student in an academic setting. Ratliff learned about
this complaint “through the grapevine.” Ratliff’s source for the information was one of his
coaches, but he does not recall who had told him about the prior complaint. Ratliff did not learn
any information about the complaint or how it was handled. Ratliff did not learn any other
information about prior complaints regarding Beach on any other occasion. Beach does get in
close proximity to players.
7.
Robert Colbert
Colbert is the Associate Athletic Director and Head Coach of the KSC Basketball Team.
In March 2013, Colbert and Ratliff had a brief discussion about the written complaint forwarded
by Jane Doe 1’s Mother. Colbert does not remember receiving or being copied on any emails
about the complaint by Jane Doe 1’s Mother. Colbert recommended to Ratliff that he forward the
complaint to Robinson. After that, Colbert was out of the loop.
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Ratliff and Colbert did not talk about whether to fill out an intake form based on the
complaint received. They felt that the proper course of action was to report the complaint to
Robinson. Robinson met with Jane Doe 1, but it took a while to schedule the meeting. Colbert
never saw a report about Robinson’s meeting with Jane Doe 1. Robinson indicated that he would
send the complaint to the Human Resources Department to see if that department felt they should
be doing anything else.
Colbert met with Beach after Robinson spoke to Jane Doe 1. Ratliff, Colbert and Beach
attended the meeting. Colbert does not remember whether Robinson attended. Ratliff ran the
meeting, which was probably a fact-finding mission as opposed to a reprimand or counseling
session. Colbert does not remember specific conversations during the meeting. Jane Doe 1’s
Mother “was pissed” that Jane Doe 1 had been cut from the team. Robinson had the general
sense that there was nothing here. A general conversation had occurred on move-in day having
something to do with a statement by Beach that “I like tall blondes.” The topic of touching
players was discussed during the meeting with Beach. The allegation involved Beach placing a
hand on Jane Doe 1’s shoulders. That is what Beach shared with Ratliff during the meeting.
Colbert did not participate in any follow-up conversations with Beach after Colbert and Ratliff
met with him.
During the meeting, Beach did not dispute saying that he liked tall blondes. Beach is a 76
or 77-year-old guy. Colbert has known Beach for his entire tenure at KSC. Beach is an olderstyle coach. What used to be okay years ago for older coaches are not things you can say
anymore.
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Colbert is aware that KSC received another email from Jane Doe 1’s Mother not too long
ago and prior to Spring Break. Jane Doe 1’s Mother reported that she would not be doing her
parental duty without following up in reference to the softball team going to Florida with Beach.
8.
Jay Kahn
Kahn has been Vice President of Finance and Planning of KSC since 1988. He served as
interim President from July 1, 2012 to June 29, 2013. He resumed his position as Vice President
of Finance and Planning thereafter. Kahn reports directly to the President.
When Kahn served as interim President, Harkness reported directly to him. Kahn had
regular meetings with Harkness, maybe every two weeks. They met in Kahn’s office. They
would discuss employment issues, faculty member issues, personnel changes, and the status of
campus complaints. Kahn did not maintain written records or agendas of these meetings. When
asked if Harkness and Kahn had discussed the 2013 complaint against Beach, Kahn responded,
“I don’t think so.” The complainant’s mother [Jane Doe 1’s Mother] had called Ann Gagnon, the
administrative assistant to the President. Gagnon said something to Kahn. They routed it to
Robinson. This occurred around the St. Patrick’s Day holiday in early March 2013, leading up to
the spring trip by the softball team. Kahn was not familiar with the name Jane Doe 1’s Mother as
the mother of the complainant. Kahn stated that Jane Doe 1’s Mother probably called the
President’s Office, and Gagnon took the call. Kahn does not recall if Gagnon told him what Jane
Doe 1’s Mother had said to Gagnon. Gagnon probably said that the daughter [Jane Doe 1] was
no longer on the team, and the mother [Jane Doe 1’s Mother] was upset about how that occurred.
Kahn assumes that Gagnon contacted Robinson about the complaint. Kahn does not recall
reading Jane Doe 1’s Mother’s complaint.
Robinson and Kahn had a follow-up conversation at a regularly-scheduled meeting about
the complaint. The discussion was not lengthy. Kahn does not recall specifically what Robinson
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said to him or when the meeting occurred. Robinson told Kahn that Beach may have said things
in front of the whole team that should have been said alone. Perhaps Robinson said that Beach
had a conversation about a softball player that was in front of the team that should have been a
more private conversation. Robinson did not discuss allegations of inappropriate touching with
Kahn. To the best of Kahn’s knowledge, Harkness was not involved in the investigation. There
was not a lot of detail in Kahn’s discussion with Robinson beyond “something could’ve been
done better.”
Kahn was not aware whether Ratliff had a follow-up conversation with Beach about the
complaint, but Kahn “would’ve assumed that would’ve occurred.” Kahn has no personal
recollection of receiving an email directly from Jane Doe 1’s Mother. If an email had been sent,
an email could have been sent to one of two email addresses that he used at the time. The first
email address was Kahn’s primary email address (“jkahn at edu”) and the second was a general
email address for the President (“president at edu”) that Kahn did not review personally, but was
maintained by the President’s Office. Kahn has no recollection of any other conversations
regarding Beach.
Kahn has served as an intake officer and has served as part of a review team for
harassment complaints. At the end of each academic year, the intake officers meet to debrief on
the process for handling complaints of harassment. The consistency in scheduling these annual
debriefing sessions has varied depending on when the Executive Assistants to the President have
transitioned within the President’s Office. From 1996 to 2009, Executive Assistant Julie Dixon
was very engaged in the process and responsibilities for handling sexual harassment complaints.
Since 2009, adherence to the policies has been more sporadic. The last time the intake officers
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met as a group was approximately 3 to 4 years ago. Human Resources Director, Kim Harkness,
attended the annual meetings of intake officers.
Generally, Kahn did not investigate complaints. He relied on the Human Resources
Department or Harkness to conduct investigations. Kahn cannot ever recall being the first intake
officer for a complaint. Harkness reviewed most complaints in the first instance. There were
approximately 6 to 8 complaints over his 27 year career in which he handled the complaint
himself. These complaints usually related to workers employed by outside contractors doing
work on the campus. Kahn would take these complaints to the contractor and ask the contractor
to drill down on the complaint that had been raised. Other than these 6-8 complaints, Kahn’s role
in other investigations involved him reviewing a written summation of an investigation. If a
complaint had merit, a reprimand or probationary period would be issued, and Harkness would
be directly involved in drafting a formal letter. Kahn did not handle any prior complaints about
Beach on his own.
9.
Ann Gagnon
Gagnon is the Executive Assistant to the College President at KSC. From November
2003 to the present, Gagnon has always worked in the President’s Office. Her first position in the
President’s Office was as Administrative Assistant to the President and then was promoted in the
Fall 2007 to Executive Assistant to the President. Gagnon has no direct reports. Gagnon tends to
have a good memory.
After she started at KSC in 2003, Dickson told Gagnon that Dickson was conducting an
investigation into Beach. Dickson was meeting with many people, which prompted Dickson to
explain what was going on. Dickson did not tell Gagnon the substance of the allegations. A week
prior to this investigation interview, President Huot mentioned the current Beach complaint to
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Gagnon for the first time and it was then that Gagnon remembered the 2003/2004 Dickson
investigation into Beach and looked for Dickson’s documents.
When Kahn was interim President, Amy Proctor, Hall and Gagnon were the assistants in
the President’s Office. From July 2012 to December 2013, Barbara Hall also worked in the
President’s office as the Special Assistant and Legislative Liaison to the President. Gagnon does
not remember discussing Jane Doe 1’s Mother with Kahn when he was interim President. She
has no memory of Jane Doe 1’s Mother contacting her about the complaint. She would
remember because it would have been an unusual instance. If Jane Doe 1’s Mother had called
her, Gagnon would have asked her to elaborate. If Jane Doe 1’s Mother had said “Beach” or
“Sexual Harassment” then it would have been so unusual that Gagnon did not know how she
would not remember the incident now. It would have been unusual because most of the
complaints that she receives are those that can be easily fixed, such as financial aid, or a student
does not like his/her roommate, or meal plan issues, or not getting a diploma. Sexual harassment
complaints are out of the normal course of complaints. If Jane Doe 1’s Mother had mentioned
the name “Charles Beach” to her, Gagnon would have remembered the 2003/2004 investigation.
Gagnon wished someone had mentioned the current Beach complaint to her earlier because she
would have remembered the 2003/2004 investigation. Gagnon had no contact with Jane Doe 1’s
Mother or Jane Doe 1 and no communications with anyone else about the 2003/2004 complaint.
If Proctor (the junior assistant) had spoken with Jane Doe 1’s Mother it would have been
because Jane Doe 1’s Mother called the main telephone number for the President’s Office.
Proctor would have spoken with Gagnon or Hall about it because Jane Doe 1’s Mother’s
communication would have been unusual. Hall did not speak to Gagnon about receiving the Jane
Doe 1’s Mother complaint.
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If a complaint came into the President’s Office it would go to her or Hall – to no one else.
The President’s direct line is not published, however her direct line and Hall’s direct line is
published along with the main telephone line for the President’s Office. In addition, the direct
email of the President is not published. Sometimes a complainant emails all assistants. If Gagnon
received a complaint, normally she would tell the other assistants that she had received a
complaint so that only one person addresses the issues. Complaints are now being kept in a
shared file that is not deleted. If she received a complaint of harassment, she would bring it
directly to the President. However, she has never received a complaint of harassment.
10.
Gail Zimmerman
Zimmerman, Ed.D. is the Associate Vice President for Student Affairs and the Dean of
Students. She reports directly to Robinson for both of her positions. She is also the ADA
compliance officer for KSC.
In 2013, Zimmerman was copied on emails regarding Jane Doe 1’s and Jane Doe 1’s
Mother’s complaints. Zimmerman does not know why she was copied on the emails. She was
aware of the situation generally and that Robinson was handling the matter. She does not know
to what end. From Zimmerman’s perspective, the complaint was a personnel matter and
Robinson had met with the student. She may have become aware of the complaint involving
Beach because Robinson possibly mentioned it to her, given that the complaint involved a
student. Zimmerman reviewed the emails between Robinson, Jane Doe 1’s Mother and Jane Doe
1 that she was copied on. Robinson told Zimmerman that he was working through the complaint,
and that Robinson and Ratliff had spoken with Beach about it. Robinson did not provide
Zimmerman with details on his findings, and Zimmerman did not expect to receive details
because it was a personnel matter. She has had no other conversations with Robinson regarding
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the complaint, and she did not speak with anyone else about it. Zimmerman’s role, if any, would
have been to support the student, and Robinson was playing that role in this instance.
Zimmerman attended sexual harassment training approximately three years ago. She
completed an online program approximately two years after she started. She could not recall
other live training sessions.
Zimmerman serves as an intake officer under KSC’s sexual harassment policy. Students
can contact anyone with a complaint. She has received complaints a few times during her career,
typically involving students given her position. During intake, she interviews the student. After
intake, the complaint may be referred to several places, depending upon the alleged perpetrator.
Zimmerman has never seen an intake form used for documenting complaints during the intake
process. She was told the form was pink, but she could never find one. After completing the
intake process, if the matter involved a faculty or staff member, Zimmerman’s role would end.
With respect to her intake responsibilities, Zimmerman met with Robinson every two weeks. She
updated Robinson about intake complaints during this regular meeting.
During her typical intake process, if a complaint fits the definition of sexual harassment,
Zimmerman’s practice is to pull up the policy and talk through the policy with the student. She
will overview the student’s options for dealing with the complaint and literally “go down the
policy together.” She will indicate to the student that it is the student’s choice whether to resolve
the complaint formally or informally.
11.
Paul Striffolino
Striffolino is currently the Assistant Vice President for Student Affairs for KSC. He was
not aware until March 12, 2014 of Jane Doe 1’s complaint. He had no connection with Beach
and heard no rumors of Beach and inappropriate behavior. When he read the complaint, he was
disappointed, surprised and assumed it was true. Striffolino told Zimmerman and Robinson at a
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meeting that he had received the email. The complaint appeared to be taken care of in terms of
any investigation being done. Robinson indicated that it was taken care of and there was no need
for Striffolino to go further. He does not remember any discussion or what Robinson said about
the complaint. Allegations of contact would trigger a formal investigation to determine the
accuracy of the complaint. Robinson did not consult with him about the complaint. He did not
speak with Harkness or Beach or anyone about the complaint. He did not follow up with
Robinson about the complaint because he understood it was taken care of and at that point “not
relevant to his job.”
12.
Deb Beach
Deb Beach has served as an Assistant Softball Coach of the KSC Division III Girls
Softball Team for 28-29 years. She has been teaching physical education at Lebanon High
School for 37 years. Deb Beach coaches field hockey at Lebanon High School, so she does not
attend tryouts, practices or games on Monday through Friday. She attends Saturday practices.
During tryouts in the Fall Year, she only attended tryouts on Saturdays, when there are no field
hockey conflicts. Tryouts at KSC involves 16 practice sessions, four per week. Players may be
cut during that time.
Deb Beach does not remember Jane Doe 1 well. At most, Deb Beach saw Jane Doe 1
four times during tryouts. She does not have a strong memory of Jane Doe 1 as a player because
Deb Beach did not attend most of the practices during tryouts.
Deb Beach was present when Beach cut Jane Doe 1 from the team. It was at the end of
practice. Beach took Jane Doe 1 along the right field fence while the team was cleaning up and
raking the field. Deb Beach was located near the dugout and could see Beach talking to Jane Doe
1 by looking down the first base line into right field. Beach did not have a long conversation with
Jane Doe 1. After Beach spoke to Jane Doe 1, Deb Beach asked Beach, “did you just cut her?”
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Beach answered, “yes.” Beach and Deb Beach did not have a discussion about cutting Jane Doe
1 before Beach cut Jane Doe 1.
During the cut, most of the players were “milling around the dugout” near Deb Beach.
Deb Beach has no memory of any parents present near the location where Beach spoke to Jane
Doe 1. The other softball players were dragging and raking the field. Deb Beach does not recall
any players located in the outfield, as she recalls them being in the infield raking. Deb Beach has
no memory of how many players were cut in Year.
With respect to Beach’s physical contact with players, Beach will place his hands on a
player’s shoulders when coaching them. Beach will grab a player’s arm to get her attention.
Beach has likely put his arm around a player’s shoulders. Deb Beach has never seen Beach touch
any player in an inappropriate fashion. She does not recall Beach hugging players. Deb Beach
cannot remember Beach touching players on the knee or thigh. If a player asks Beach to crack
the player’s back, Beach will crack the player’s back. Beach could have put his arm around a
player’s waist, but Deb Beach has no memory of him doing that to any specific person. Deb
Beach did not witness Beach touching Jane Doe 1 around the waist, but it was unlikely given that
Jane Doe 1 was a new player. It would be more likely if it was a player that was comfortable
with Beach. Deb Beach has no memory of any player expressing discomfort with the manner in
which Beach touches players. Deb Beach is not aware of any assistant coaches raising concerns
about the manner in which Beach touches players.
With respect to Beach’s comments about players’ personal appearance, Beach might say
something about tall blondes. Deb Beach could not think of any specific comments in that
regard. Beach made occasional comments about tall blondes in a joking manner. Deb Beach has
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no idea why Jane Doe 1 made a complaint about Beach, but Jane Doe 1 was bitter about being
cut.
Deb Beach has not received any anti-harassment training at KSC as a part-time assistant
coach. If she observed a problem, she would tell Beach, and she expected that Beach would
bring the matter to the attention of his superiors. When she is available, Deb Beach attends high
school softball tournaments with Beach to scout players.
Deb Beach is not aware of any prior complaints regarding Beach. She remembers one
complaint about Beach when he was a professor. The allegation involved Beach not allowing a
student to take a test.
13.
Carrah Fisk Hennessy
Hennessy is an Assistant Softball Coach of the KSC Division III Girls Softball Team.
She became an assistant softball coach at KSC in the Fall 2013. She previously served as head
softball coach at New England College. Hennessy was not affiliated with the KSC Softball Team
during tryouts in the Fall Year. Hennessy does not know Jane Doe 1. Hennessy played softball at
KSC from 1996 to 1999. Beach was her coach. There were no other assistant coaches at that time
other than Deb Beach. Hennessy also played soccer at KSC. Hennessy described her experience
with Beach as “amazing” and “life directing.”
The team philosophy regarding tryouts is that you need to earn your spot each year. For
incoming freshmen, there are 16 practice opportunities, and one competitive scrimmage. Players
are cut in the Fall on a rolling basis, particularly walk-ons. To cut a player from the team, Beach
will call the player to the side at the end of the practice. From Hennessy’s perspective as a coach,
you need to have a frank discussion with the player being cut. The competition is amazing, and
you tell the player that she does not have the skills to make the team.
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Beach will put his hands on players’ shoulders to coach them. He puts his hands on their
shoulders and talks to them face-to-face. Beach may put an arm around a player’s shoulder as he
coaches her. Hennessy provided an example of a timeout as a circumstance where a quiet
discussion is needed. Beach will pat players on the back and say great job. Beach will tap players
on the helmet. Hennessy does not believe Beach has ever put his arm around a player’s waist.
Hennessy has never seen Beach touch a player on the knees or the thighs.
Hennessy has not seen any change in the way Beach interacts with his players since she
played softball at KSC. Beach’s physical contact with the players is the same now as before. No
players appear uncomfortable with him. No players have ever said to her that they are
uncomfortable with the way Beach touches them. Beach often hugs, particularly with alumni.
Hennessy described Beach’s manner of hugging as “a 1, 2, 3 hug” [indicating 3 taps on the
back]. Beach gives parents “big handshakes.” She does not find his physical conduct weird in
any way.
14.
Former Coach 3
Former Coach 3 works at HS as a teacher. She was Jane Doe 1’s softball coach for one
year. She attended KSC and played for 4 years on the softball team.
Former Coach 3 coached Jane Doe 1 for one year and also had her in class during Jane
Doe 1’s Class Year of high school. Jane Doe 1 was a decent softball player and a very good
softball player in high school. During the end of Jane Doe 1’s Class Year, Former Coach 3
attended a Hall of Fame induction at KSC along with Beach. She and Beach talked about
whether any HS softball players were interested in KSC. Former Coach 3 gave Beach Jane Doe
1’s name along with the names of a couple of other girls. Former Coach 3 believes that Beach
sent an assistant coach to check out Jane Doe 1, but she is not sure if that happened.
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Former Coach 3 believes that Jane Doe 1 might have had “culture shock” going to KSC
because Jane Doe 1 was a “big fish” on her high school softball team, but not at college although
she was still a good player. Former Coach 3 was one of the better softball players on her high
school team and had to adjust to not being the best player on the KSC Team. Before or at the
beginning of KSC softball tryouts, Jane Doe 1 contacted Former Coach 3 about the tryout
protocol. Former Coach 3 believed that Jane Doe 1 was deciding whether she could handle the
time commitment of the sport.
When she was cut from the KSC Softball Team, Jane Doe 1 contacted Former Coach 3
for a second and final time. She asked Former Coach 3 why Former Coach 3 thought she did not
make the team. Former Coach 3 told her that she does not coach her any longer and does not
know why and does not talk to Beach about that stuff. Former Coach 3 had no information for
Jane Doe 1.
Former Coach 3 played softball for KSC from Year to Year. Beach was the coach and
Deb Beach and Katie Micelawere were the assistant coaches. Beach was outstanding as a coach.
She learned more from him than anyone else about softball. Beach was also her Kinesiology
professor. Beach was there for them as players, but education always came first. Beach was
always a gentleman. She could trust him and was comfortable with him. Although she is not in
regular contact with him, she is a friend of his to this day. She would want her daughter to play
for Beach. She used him as a resource when she was coaching. She never saw or heard of any
inappropriate conduct by Beach. She would have heard because she was very close to her
teammates – like family. Former Coach 3 had a very positive experience at KSC in the softball
program. She still has KSC memorabilia in her office at HS. She is a real home-body and might
not have stayed at KSC if she had not made friendships on the KSC Softball Team.
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15.
Jane Doe 2
Jane Doe 2 is currently a student at KSC who will be in her Class Year this fall. Jane Doe
2 played softball for KSC and Beach her Class Year and Class Year. Jane Doe 2 and Jane Doe 1
tried out for the softball team together their Class Year. Jane Doe 2 is familiar with Jane Doe 1
because they were
during their Class Year at KSC.
During softball tryouts, the girls needed to be available in order to show the coaches how
they play. Every girl had the tryout time as available time, but not Jane Doe 1 because of her
schedule. When Jane Doe 1 scheduled her classes, she did not know or take into account the
tryout schedule. Jane Doe 1 told Jane Doe 2 that she wished she was at practice and not in class.
Approximately Number girls tried out for the team Jane Doe 2’s Class Year. Jane Doe 1 was not
present for as many tryout practices and so she never became comfortable because of her
absences: she was nervous.
Jane Doe 1 told Jane Doe 2 that Beach was teasing her about HS. Jane Doe 1 did not
understand Beach’s sense of humor and that he teased all the players. She gave an example of
Beach teasing a City 2 High School player about not knowing how to bunt. It is well-known that
the City 2 High School softball team does not bunt. Beach is “fun” and all the players know he is
sarcastic and funny. They have “inside” jokes that are just “innocent stuff.” Beach did his best to
make every player feel like he was paying attention to them. Beach was not hard on them at all.
Jane Doe 2 remembered the day that Jane Doe 1 was cut. Practice had just finished and
the players were gathered with McLoughlin and Deb Beach in right or left field. Jane Doe 1 was
off to the side in the outfield foul line area talking to Beach and then Jane Doe 1 left the field.
Beach went to the group of players and told them that that he had just cut Jane Doe 1. He said
that he knew a few of them were good friends with Jane Doe 1, but thought they understood why
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it had to happen. Jane Doe 2
Beach usually makes cuts in
his office or off to the side after practice. Jane Doe 2 thought Beach handled Jane Doe 1’s cut
well. Parents were not within earshot of Beach’s conversation with Jane Doe 1 when he cut her.
There were 2 parents watching and they were in the stands behind the dugout – not near Beach
and Jane Doe 1.
During tryouts, Jane Doe 1 bobbled the ball and sometimes did not make good plays.
Jane Doe 1 made errors on routine plays and other girls did better. Jane Doe 1 could have played
better, but she did not show that to the coaches. Jane Doe 1 did not tell Jane Doe 2 about Beach
touching her on the waist or any other physical conduct by Beach. The term “the move” did not
mean anything to Jane Doe 2.
The first time she met Beach was prior to accepting a place at KSC. Jane Doe 2 visited
Beach in his office with her mom. Beach told her that she needed to turn around and thank her
mom because she was born in the right year because right now they need a lot of players. The
meeting was interrupted by 5 current players coming into his office to say hello. Jane Doe 2 had
never seen a coach with that kind of relationship with his players. Class Year Jane Doe 9 said to
Beach, “I did it–I broke up with him.” Jane Doe 2 left with “the best feeling.” Jane Doe 2’s mom
told her that Beach seemed like a “Grandpa” to the girls. Beach was more like family and the
players cared about him to the extent that they called him “Softball Grandpa.”
Beach touches players in the following manner: high fives, hugging, and arm around
shoulder (not waist). She had no memory of Beach touching her thigh. Jane Doe 2 approaches
Beach to hug him and Deb Beach hugs players, too. Generally, Jane Doe 2 “loves Deb Beach
and Charlie Beach.” Beach does like tall blondes. Jane Doe 2 explained that in softball pitchers
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are usually tall. She gave the example of Jenny Finch who is a tall, blonde Olympic softball
pitcher. KSC currently has a pitcher who is a tall blonde and when she has a great game Beach
will say, “I love my tall blonde.” Beach has commented about the players’ hairstyles sometimes.
Complaints from players about Beach are usually about being upset about not playing in
games. There was a Class Year this year who was upset because she did not play much at the end
of the year. Beach has not made any sexual comments or made her feel uncomfortable in a
sexual way. Jane Doe 2 has not had training regarding inappropriate conduct, but if she had an
issue she would go to Ratliff just by using common sense. She is not aware of policies or
procedures regarding reporting inappropriate conduct. They did attend a session last year about
hazing.
16.
Meghan McLoughlin
McLoughlin played softball for Beach for 4 years at KSC. From the fall of 2005 to the
spring of 2013, she was an assistant coach of KSC softball with Beach. She stopped coaching at
KSC because she could not juggle coaching at KSC with her new job.
Jane Doe 1 played Field Position and came from HS where one of McLoughlin’s former
teammates worked. McLoughlin cannot remember when in the fall season Jane Doe 1 was cut,
but is was usually before the games with other schools started so the player could transfer
without using up her eligibility.
She had a vague memory of Jane Doe 1 being shorter, thin and a Field Position. There
was competition for the Field Position and Jane Doe 1 was not as good as the competition.
McLoughlin, Deb Beach and Beach talked about cutting players on a weekly basis. At the end of
the fall season, they discussed which players were playing at what level. Beach makes the cuts
with input from McLoughlin and Deb Beach. They constantly have conversations about players
compared to other players. If someone is not going to make the cut, they let her go, but they let
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freshmen tryout longer. Some are cut within the first week, others go on a bit longer. There are
also cuts in the spring during the traditional season when there are tryouts.
She remembers the day that Jane Doe 1 was cut in detail. The team had finished practice
or a scrimmage and girls were responsible for dragging and raking the field. At that time, Beach
and Jane Doe 1 met down the fence away from the players. McLoughlin was picking up with the
girls. McLoughlin did not know that Beach was cutting Jane Doe 1 at that moment, but it had
been discussed that Jane Doe 1 would be cut. They had been talking for a significant amount of
time comparing Jane Doe 1 to competitors. Sometimes Jane Doe 1 played in the field and at bat
well and other days her competitors played better than Jane Doe 1. It is not that Jane Doe 1 is a
bad softball player, just not as good as her competitors.
The other players were doing jobs, wrapping up. McLoughlin could not hear the
conversation from where she was because Beach was facing toward people and Jane Doe 1 was
facing away from people. It is not unusual to cut a player on the field. It is a mix – sometimes at
the end of practice Beach will leave with the player. It usually happens when he can step aside.
Beach is the person who delivers the message to the player that she is being cut. Beach does not
talk about cutting or performance with players about other players. She has no knowledge of
Beach talking to parents about cutting Jane Doe 1.
McLoughlin described the types of touching that she has observed Beach do to players:
cracks their backs if they ask, arm around the shoulder to encourage, and hugs to congratulate a
player. She has not seen Beach put his arm around a player’s waist. She is aware of one incident
involving a player when McLoughlin was a player and that girl had a sensitivity to her collar
bone. The player raised the issue and Beach stopped. She had no other examples of anyone being
uncomfortable with Beach touching/hugging. The term “the move” does not mean anything to
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her. There were no complaints regarding Beach touching players. She was not aware of any prior
allegations involving Beach or of any investigations into his conduct.
In the Fall Year, Jane Doe 1 mentioned that Beach joked about her high school. She
thinks Jane Doe 1 said something to Beach and Beach told McLoughlin that Jane Doe 1 was
sensitive to his high school jokes. Beach told McLoughlin that they could not joke about that
anymore. Jane Doe 1 never complained to her about Beach. She has no memory of Beach putting
his arm around Jane Doe 1’s waist and lifting her and she does not think it is possible. She did
not hear that it happened to Jane Doe 1 or to any other player.
Players were not uncomfortable with Beach’s hugging and touching. There were players
who did not want other players hugging them. It was known and everyone was okay with it. She
is in touch with Beach to this day.
V.
INVESTIGATION CONCLUSIONS
A.
Complaint Of Sexual Harassment Against Beach
1.
Beach Inappropriately Touched Jane Doe 1 Without Permission
There is convincing evidence that Beach inappropriately touched Jane Doe 1 in the
dugout after a softball tryout practice. Jane Doe 1 provided a clear and credible account that
Beach touched her inappropriately by placing his arm around her back, placing his hand just
above her waist on her right side, and applying force with his hand so as to lift her from the side
into him. The unwelcome physical contact was unrelated to softball instruction. Beach had not
developed a close personal bond or comfortable coaching relationship with Jane Doe 1, who was
a Player student athlete. He did not communicate with Jane Doe 1 before he touched her.
When Jane Doe 1 immediately expressed to Beach her offense and discomfort caused by
his touching, Beach only responded that he treated all his softball players in a similar fashion.
This comment was insensitive to Jane Doe 1’s efforts to communicate her concerns. Beach
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should have demonstrated some appreciation and respect for Jane Doe 1’s discomfort. Instead,
Beach slighted Jane Doe 1’s concerns by characterizing her discomfort as in conflict with
Beach’s customary physical interaction with his softball team.
While Beach’s touching of Jane Doe 1 is concerning, the inappropriate conduct does not
constitute an act of sexual harassment under the law. Beach did not engage in a pattern of
conduct toward Jane Doe 1 that created a hostile environment. Jane Doe 1 told Beach that his
physical conduct was not welcome, and despite her concerns, she continued to play softball until
she was cut from the team.
2.
Beach Has A Documented History Of Similar Complaints Involving
Female Students
This complaint is the third formal complaint against Beach for touching female students
without their permission and for making derogatory gender based comments towards them.
There are striking similarities in the three students’ descriptions of Beach’s repeated, offensive
conduct.
In 2003, the College investigated a student complaint and found that Beach engaged in a
pattern of inappropriate behavior toward one student. The investigation report documented
Beach’s inappropriate touching on the student’s hip and Beach’s comments that made the student
feel humiliated, uncomfortable and angry. Other witnesses reiterated instances of inappropriate
behavior involving jokes and humor that cross the line of acceptable conduct. Beach received
counseling and mandated sexual harassment training to reinforce College policies and
institutional expectations for acceptable conduct toward students. Beach was also specifically
instructed to refrain from using language that is demeaning to female students and to refrain
from touching students without their express permission. The College warned Beach that it
would take action of a more severe nature should another incident occur in the future.
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In 2004, the College investigated a second complaint alleging conduct of a similar nature
to the conduct reviewed for this third complaint, including unwelcome touching on the
shoulders, inappropriate gender based statements, and feelings of humiliation by the student. The
College noted a main concern that Beach does not seem to understand the concerns raised or
accept their validity.
Jane Doe 1 likewise complains of unwelcome touching just above her waist,
inappropriate statements and feelings of humiliation attributable to Beach. Beach’s offensive
touching of Jane Doe 1 was in direct violation of Beach’s prior instruction to refrain from
touching students without their express permission.
3.
Beach Made Unprofessional Jokes About Blondes To Jane Doe 1 And
Her Parents
Beach made joking comments about his affinity for blondes to Jane Doe 1 and her
parents on Class Year move in day. Beach’s comments struck Jane Doe 1’s Mother and Jane Doe
1 as strange and inappropriate. This complaint is not the first time that the College received a
complaint about Beach making comments about blondes, where women were offended. Colbert
stated that Beach did not deny making the comments. Beach could not recall making the
comments on move in day, but he acknowledged it could have occurred, and he described a
history of jokes about blondes being connected to his softball team.
The comments were unprofessional as they were made to strangers during an
introductory conversation. The comments also follow Beach’s prior counseling to refrain from
making comments that might be demeaning to women.
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4.
Beach Did Not Disclose The Prior Complaints During His Interview
During his investigation interview, Beach was asked about prior complaints of similar
conduct in the past. He provided several examples of inconsequential concerns raised by former
players, but he did not disclose either the 2003 or 2004 complaints, or the 2003 discipline.
5.
Beach Exhibits An Attitude Of Indifference To The Complaints About
His Conduct
Beach exhibited a contemptuous attitude toward this investigation, and he expressed his
frustration that the investigation process was taking time away from his scouting and recruiting
efforts. His indifference towards this complaint parallels observations made in one of the prior
investigations that Beach does not seem to understand the concerns being raised about his
conduct. Prior counseling and mandatory sexual harassment training has not remedied Beach’s
apparent disconnect in addressing the genuine concerns raised by students who have been visibly
and emotionally impacted by his behavior towards them.
Beach described his sexual harassment training as unhelpful and the “same old stuff,”
which reflects a lack of understanding or some degree of insensitivity about the value of faculty
and staff education on sexual harassment prevention.
Beach’s inability or unwillingness to approach these students’ concerns in a more
considerate manner appears at odds with the College’s goals to advance the well-being and
development of its students and to foster an environment that is respectful and responsive to the
concerns and sensibilities of its students.
6.
Beach’s Treatment of Jane Doe 1 During Softball Tryouts
Jane Doe 1 and Beach had differing perceptions about how Beach treated her during
practices, and about the manner in which he cut her from the team. Jane Doe 1 described Beach’s
behavior towards her during tryouts as disparaging. She could not provide a full account of
Page 70 of 95
Beach’s alleged disparaging remarks, which she attributed to the significant lapse in time since
her initial complaint. She felt humiliated by the manner in which Beach cut her from the team
immediately after an intra-squad scrimmage, on the softball field in right field, in the vicinity of
players and parents.
Beach provided specific information that was contrary to Jane Doe 1’s version of the cut.
Beach confirmed that he cut Jane Doe 1 after a scrimmage near the right field fence, but in a
personal setting appropriate to the softball environment, which was corroborated by witnesses –
two assistant coaches and a player. There was a different account of the language Beach uses
during practices, which was described as “joking.” Beach acknowledged that he was critical of
his players, but also followed with positive words of encouragement. Beach acknowledged that
he at times disparages the high school softball programs of many of his players, but in a manner
intended to be fun and joking.
Based on our investigation, there is insufficient evidence to substantiate Jane Doe 1’s
concerns about how Beach cut her from the team, nor can we make specific findings about how
Beach treated her during practices, either individually or in comparison to other players.
We find no evidence that Beach cut Jane Doe 1 from the softball team because she
rebuffed him when he touched her. Jane Doe 1 did not allege that she was cut from the team
because of her rebuff of Beach. Beach denied any retaliatory motive in cutting Jane Doe 1 from
the team, and he stated that Jane Doe 1 was not performing at the requisite level to make the
team roster. Beach’s assessment of her performance during tryouts was confirmed by the former
assistant coach who attended tryouts and by a current player.
Page 71 of 95
7.
Jane Doe 1’s Mother’s Complaint That Beach “Feels Up” His Softball
Players Regularly Is Unfounded
Jane Doe 1’s Mother’s complaint that softball players had expressed concerns that Beach
was “feeling them up” regularly is unfounded. Jane Doe 1 disagreed with her mother’s
characterization that players were “felt up” regularly. Other witnesses stated that Beach hugs
players in a celebratory manner. Beach agreed that he is a tactile person and hugs his players.
Ratliff observed Beach touching players and expressed frustration and concern as to whether the
behavior was appropriate or not. Jane Doe 1 described Beach touching players on the knee and
that she was more uncomfortable with Beach’s interaction with his players than other players.
Current and former assistant coaches, former players and a current player expressed no concerns
or observations about Beach inappropriately touching players. We do not find there exists a
hostile environment for the softball team at the College.
B.
KSC’s Handling Of The March 2013 Complaint
KSC’s response to allegations of sexual harassment was inadequate by those who
participated in the complaint process. KSC’s response did not comply with its own complaint
process, and raises concerns about Title IX compliance.
According to KSC’s own discrimination and harassment policy and procedures, Jane Doe
1’s Mother’s complaint should have been investigated formally because it was in writing and
contained allegations of sexual misconduct involving an employee toward a student and toward a
group of female students. Jane Doe 1’s Mother’s letter explicitly alleged sexual harassment.
Standing alone, and irrespective of the 2003/2004 findings and complaints against Beach,
Jane Doe 1’s Mother’s complaint also indicated the possibility of a pattern of conduct in
violation of KSC’s sexual harassment policy. In this circumstance, even if no written complaint
Page 72 of 95
had been filed, KSC’s policy requires the administrative officer to appoint an investigator and
commence a formal investigation. (October 2005 Policy, § V., D(2)).
For third party complaints, the KSC policy contemplates the possibility of using an
informal process “when the report of discrimination or harassment is received from a third party
and the alleged victim is unwilling to participate in the process.” (October 2005 Policy, § V., D).
Here, Jane Doe 1 was willing to participate fully in the complaint process and did so during two
investigations. Contrary to the requirements of KSC’s intake procedures, Jane Doe 1 was not
encouraged to submit her own written statement describing the alleged behavior, which signed
statement initiates a formal review process. (October, 2005 Policy, § V B).
Although KSC’s policy does not include a requirement that the Title IX coordinator be
informed of the complaint, Title IX letters of guidance encourage schools to report sexual
harassment to their Title IX coordinator to ensure that complaints of a sexual nature are handled
appropriately. Here, KSC’s Title IX coordinator was not consulted. Furthermore, instead of
appointing an investigator, Robinson decided to conduct the investigation even though he had no
sexual harassment investigation training. Robinson consulted Harkness. Harkness is experienced
in conducting investigations. She said that the language used by Jane Doe 1’s Mother in the
complaint “set off alarm bells,” but she did not question Robinson about his recommended plan
of action for handling the complaint, or suggest alternative approaches.
Robinson’s finding that Beach’s conduct was not sexual in nature was premised on a
misguided process in which he failed to elicit from Jane Doe 1 basic information about the
underlying allegations, and he did not inform Jane Doe 1 of her options under KSC’s policies
and procedures for handling harassment complaints.
Page 73 of 95
Robinson and Harkness failed to review Beach’s personnel file, even though Harkness
acknowledged that she typically does check the personnel file of an accused prior to conducting
an investigation, and Jane Doe 1’s Mother complained that other women had experienced similar
situations with Beach. Robinson did not fill out an intake form; he did not put any documentation
of his investigation in Beach’s personnel file; he did not follow up with the parent or student in a
timely fashion; he did not complete an annual report; and he did not take notes of his meeting
with Beach.
In 2003, the investigation report regarding the Beach complaint documented a failure to
investigate the complaint according to KSC policy. The 2013 investigation is the second
investigation involving Beach where KSC failed to investigate consistent with its policy in the
first instance.
END OF REPORT
Page 74 of 95
EXHIBIT A
Page 75 of 95
Redacted to Protect
Student Privacy
l'nm-Â
s rz-ot)
Dear Mr. Ratliff,
My daughter,
tried out for the'Women's Softball Team. She was
eliminated from the team oh
. Although she is understandably disappointed, she
had accepted this,outcome as a possibility, She certainly did not ghoose Keene based on a
softball c¿reer, though she had valid reason to believe she could play competitively for
KSC. The events leading up to her elimination are troublesome and worthy of
documentation, hence the reason for this communication.
As a background,
for her high school,
was a three year starting
located in
NH. She was also the captain of her team for
team
both her
years. She was the starting
for the
and
that won the
In
, she was a recipient of the
honoring high school students who received Varsity letters in two
or more high school sports while maintaining a B+ or higher GPA. In addition,
was named to the
. She has participated in ASA and Babe Ruth
softball since the age of 8 as part of a team that has won NH State titles and participated
in Regioqral tournaments. Her list of atbletic achievements is lengthy, making it a very
realistic goal for her to play for an NCAA softball team.
The aspects of her KSC softball experience that are concerning presented themselves
soon after her acceptance to Keene.
repeatedly attempted to utilize the "Recruit
Me" feature of the KSC Athletic portion of the website. She received no response back,
not even confirmation of receipt. She emailed Charles Beach several times, also with no
¡esponse. She decided to attend Keene regardless of whether her initial level of interest in
playing softball was known to the Athletic Department or not, confident in her abilities.
V/hile we were moving
into her dorm, my husband recognized Beach because he
played in. He was standing
had seen him at the
that
.outside of her dorm with his assistant, Meghan McGloughlin. rù/e introduced ourselves
and
to them both, explaining that
had tried contacting him several times to
actually hâd
no avail. Beach became slightly argumentative, insisting otherwise.
to show him the emails she sent him using her IPhone. They spoke a bit about her softball
. Upon
experience and the fact that the KSC team was definitely in need of a
realizingthat we all carne from the
NH area, Charlie good-naturedly:discussed
how he once questioned a team member, known to us all, about her alcohol preferences.
This girl is now a gfown woman and is also a family friend of ours. Charlie then stated
that he,had 'ideveloped a reputatiou'? with tall blondes because of this ,former player, and
referenced his current assistant ¿rs an example. trIe also reiterated that he was a "doctor"
and had been married several times,'obviously proud of this information.
grade
explained to Dr. Beach that her
coach was a former I(SC team member
who had also attempted to contact him regarding
intefestin playing KSC
softball. He had no recollection of this correspondence, either. Upon learning when the
first practice was scheduled for,
explained that she could not attend, as it
Page 76 of 95
conflicted with a class. Dr. Beach explained that this was not a problem, and to show ttp
to the praðtices she could make it to, that it would not affect her ability to make the team'
On our way home, áy husband and I discussed that we felt that Dr. Beach's behavior was
:We chalked it up to the fact
a bit bizane, even somewhat lecherous and inappropriate.
that he was going out of his way to make a connection with us because we were from the
same area, and know some of the same people. We were not overly alarmed, because Dr.
Beach had such a longstanding and stellar reputation as a KSC coach and is from a
different generation whère perhaps this behavior was more accepted'
attended every softball practice that did not conflict
Over the next few weeks,
with her classes, even if she could make it for only the last 20 minutes. She was very
pleased with her tryouts, and felt she performed at least in the top half of the serious
contenders. She had begun swinging a heavier bat at the coach's request, and found she
was reaching the wall regr,rlarly. She noticed that the other players were getting feedback
from Dr. Beach, and she was not. She approached Dr. Beach after practice, explaining
that she also needed feedback from him to improve, which he assured her he would
that her former coach had tried
provide. Shortly thereafter, he publicly told
still had
emailing him several times to find out how her tryout was going. Since
no feedback from him, she was curious and asked him what his response to the former
that he ignored each one of her emails and laughed'
coach was. He explained to
Softball program
He often would loudly make derogatory comments about
reached ont to her former coach once again, who assured
during practice, as well.
'When she spoke to us
her that this was typical of his behavior toward student athletes.
about his poor treatment of her and the fact that it was negatively affecting her
confidence level, we assured her that Dr. Beach had a great reputation as a coach and that
his treatment of her must be tactical.
'We
mentioned that he touched her and some of the other
players in an inappropriate r.nanner that made them all uncomfortable. When he touched
this way, she ãsked him what he was doing, and he explained that'i'he touches all
divulged that she and the other team members spoke
of his players like that."
regularly about the fact that he was a "creepy old man" and that they all felt that he was
had more reason foi ioncern when Dr'
"feeling them up" on a regular basis..
and notified all of the other players except for her of
Beach cancelled practice on
chose not to attend, as a friend explained to her that ttris could be
the cancellation.
was cut from the team four days
a veiled attempt for the coach to "get her alone."
later. Dr. Beach made the cut on the field, publicly, in front of the other players and
parents tlirectly following a scrimmage that she had performed well in, telling
ioudly "You're not good enough to play softball!" Needless to say, she was devastated
that Dr, Beach had become very friendly
antl humiliated. Another player later told
with one of the recruit's fathers, and that hd had info¡ined the man prior to her
player to be cut from this team
would be cut. She was the
elimination that
before the roster was finalized. To her knowledge, all of the other team eliminations
made prior to hers were done so privately, and in a professional manner.
became concerned when
Page 77 of 95
Althoughit-is upsetting to
that she will not be playing KSC softball, one of life's
greate.st -lèssons is that it is not always fair. With the exception of this experience,
is very happy with Keone thus far, her classes, the camBus and the friends that she has
made. If she decides that playing NCAA soffball.is of the utmost importance to her, she
can always transfer. Based on her negative opinion of Dr. Beach, how uncomfortable he
has mâde her feel, as well as the sexual harassment, she has no interest in playing for him
in the future.
The reason I wanted to share this information with you is because Dr. Beach's behavior
was not only unprofessional and inappropriate, but also unacceptable. Treating students
with dignity and iespect is expected from a representative of any educational institution.
Basically, every aspect of this man's behavior in this situation could realistically result in
litigious consequences for KSC. Perhaps his advanced age is thg source, prescrþtion
medicatibn could possibly be affecting his cognitive abilities to make proper choices, or
maybe its senility itself. Rggardless, his deplorable behavior and actions are negative
reflections upon the Athletic Department and-fhe college as a whole.
is
Please be aware that we do not plan to take any action beyond this letter.
Beach
satisfied that she handled these situations appropriately by clearly stating to Dr,
that his inappropriate touching made her feel uncomfortable and to stop it, as well as
standing up to him when he publicly verbally abused her. She is actually very próud of
the strength she was able to show throughout this entire demeaning experience; This
letter is being w¡itten for informational pu¡poses only. Additionally, if similar past,
present o¡ future reports are filed, this letter may be used to corroborate them. There are
many young ladies on campus, both past and present, who have experienced similar
situations with Dr. Beach. Unfortunately, they may not feel empowered to report this
information to the Athletic Department or KSC staff.'
Thank-you so much for your time and careful consideration. Please acknowledge that you
have receiúed this correspondence and please feel free to contact me with any questions
you may have.
Sincerely,
Page 78 of 95
EXHIBIT B
Page 79 of 95
Keene State College
Discrimination and Discriminatory Harassment
(Including Sexual Harassment)
October 2005
All students, staff, and faculty at Keene State College have the right to work and learn in an
environment free of discrimination and discriminatory harassment, Such conduct interferes with the
mission of the College by diminishing access to education.and employment; compromising the free
and open exchange of ideas; and impeding the relationships among students, faculty, and staff.
In accordance with University System of New Hampshire policy and applicable state and federal laws,
all persons shall have equal access to the College's programs, facilities, and employment'without
regard to race, color, religion, sex, age, national origin, sexual orientation, marital status, veteran's
status, or disability. No member of the campus community may engage in behavior within the
jurisdiction of the College that unjustly interferes with any individual's required tasks, career
opportunities, learning, or participation in campus life. All members of the campus community share
responsibility for preventing and reporting discrimination and harassment, cooperating in any
investigation which might result, and maintaining confidentiality.
Definition: Discrimination refersto actions which deny a member (or in some cases, a potential
member) ol the community employment, promotion, transfers, access to academic courses, housing,
'
or other College benefits and entitlements due to a member's protected class status, including race,
color, religion, sex, age, national origin, sexual orientation, marital status, veteran's status, or
disabílity, Discrimlnatory harassment may take the form of unwelcome sexual advances, graffiti,
jokes, pranks, slurs, insults, threats, remarks made in the person's presence, interference wlth the
person's work or academic life, vandalism, assignment of unpleasant duties, or even physical assault
directed against any member of a protected class,
Federal and state laws define harassing behavior as occurring when:
.
.
o
Such contact has the purpose or effect of unreasonably interfering with an indlvidual's work
pertormance or creating a hostile or offensive working or academic environment;
Submission to or reject of such conduct by an individual is used as the basis for employment
or academic decisions affecting that individual; or
Submission to such conduct is made either explicitly or implicitly a term or condition of an
individual's employment or academlc work.
Sexual harassment ís one form of discrìmìnatory harassment, Unwelcome sexual advances,
requests for sexual favors, and other verbal or physlcal conduct of a sexual nature
constìtute sexual harassment when the above condltìons are met.
Page 80 of 95
Keene State College places a high priority on preventing discrimination and discriminatory
harassment, assisting individuals who believe that they have been the victims of such conduct, and
ensuring that all individuals accused of prohibited conduct are treated fairly.
Discrimination a nd Discri minatory Harassment
Com
plaint Procedu res
L lntroduction
Keene State College's procedures for responding to discrimination and discriminatory harassment are
provided ior internal resolution of complaints and for internal monitoring of ìnformal reports and
formal complaints. They do not constitute a legal forum. The mission of Keene State College
"promotes and sustains strong relationships among students, faculty, and staff" and asks all members
of the campus community to conduct themselves with dignity and treat others with respect, These
procedures support the mission by encouraging individuals to come forward with concerns about
discrimination and harassment as well as timely institutional response to their concerns, They provide
a process to clarify behavioral expectations, promote understandíng of rights and responsibilities, and
hold people accountable for violations of the policy.
Anyone who wishes to speak with someone knowledgeable about discrimination and harassment and
campus support services, as well as the procedures for reporting discrimination and harassment and
filing a formal complaint, is encouraged to contact one of the officials identified below for information
and advíce,
Any employee of Keene State College who observes discrimination or harassing behaviors or who
receives information that such conduct may have occurred is responsible for discussing this
information with an administrative contact. Employees in Health Services and the Counseling Center,
as well as the psychiatric nurse practitioner, are exempt from this reporting requirement when the
information is provided to them within a privileged medical or counseling relationship'
II. Contacts for Assistance
and Information (Intake Officers and Administrative Officers)
Individuals may contact any of the individuals listed below for information about the College's
discrimínation and harassment policies and support serv¡cesf the þrocedures for making a complaint'
and assistance in resolving the situatlon lnformally or pursuing a formal complaint:
A.
Intake Officers
o The Director of Human Resources
o The Associate Vice President for Academic Affaírs
o The Associate Vice President for Finance
o The Associate Vice President for Student Affairs
o The Dean of Professional and Graduate Studies>
o The Dean of Arts and Humanities
o The Dean of Sciences and Social Sciences
o The D-ispute Resolution Coordfnator
o The Fitness Center lÙlanager
Page 81 of 95
B. Administrative Officers
o
o
o
o
III.
The Vice President for Student Affairs when the alleged harasser is a student or a staff
member in Student Affairs
The 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
The Vice President for Finance and Planning when the alleged harasser is a member of
staff of the Finance and Planning division
The President when the alleged harasser is a member of the staff of the Executive
Division
Intake Forms
Keene State College will maintain records of all discrimination and harassment reports to identify
campus needs for information and training and possible patterns of discrimination or harassing
behavior, Intake forms wifl remain cdnfidential and will be maintained by the following individuals:
.
.
The Vice President for Student Affairs when the alleged harasser is a student
The Vice President for Academic Affairs when the alleged harasser is a member of the teaching
¡
.
staff
The Director of Human Resources when the alleged harasser is a staff member
The Vice President for Finance and Planning when the alleged harasser is a member of
contract staff
IV. Confidentiality
Keene State College will maintain confidentiality where, and to the extent, legally and reasonably
appropriate, with the facts made available only to those with a compelling need to know for purposes
of investigation or resolution of complaints. Confidentíality cannot be unconditionally guaranteed
under any circumstances. The College has a responsibility to act where it knows of a policy violation.
V. Process for Handling Reports of Discrimination and Harassment by Keene State College Faculty or
Staff Members or Contract Employees
A. Roles and Responsibilities
1,
The intake officer witl:
o interview the complalnant to obtain as much information about the alleged harassment
as is possible.
o
inform the compfainant about the policies and procedures for handling discrlmination
and harassment complalnts, lncluding the College's responsibility to take actlon in
situations where it believes discrimination and harassment may have occurred.
Page 82 of 95
o
o
o
o
protect the confidentiality of the complainant to the extent legally and reasonably
appropriate. Only those who have a need to know for purposes of investigatlon or
resolution of complaints will be informed,
assist the complainant in pursuing a complaint, if appropriate, and serve as the liaison
between the complainant and the College throughout the process,
consult with the appropriate administrative officer about how to proceed with the
complaint.
complete an intake form and send it to the appropriate administrative Officer (III
a
bove),
2.
The administrative officer will:
o review the intake form,
o take necessary interim measures to protect the complainant and prevent retaliation or
interference with the investigation.
o appoint an investigator,
o seek ínformal resolution of the complainant where appropriate.
o if informal resolution is not possible, determine the extent to which the complaint
meets the criteria for discrimination and discriminatory harassment and render the
appropriate ad ministrative judg ment.
o determine the appropriate course of action.
o communicate appropriately with the complainant and intake officer.
3,
The reviewer will:
o Conduct a full, fair and timely review of alleged complaint, including reasonable effort
to corroborate sources of information,
o Prepare a written, dated report for the administrat¡ve officer.
B. The Intake Interview
If an alleged harasser is known but not named in the intake interview, the information will be recorded
on the íntake form and the needs of the complainant will be addressed. If the alleged harasser is
unknown to the complainant, the administrative officer will evaluate the circumstances and initiate an
appropriate investigation,
If an alleged harasser is known and named in the intake interview, the intake officer will encourage
the complainant to submit a written statement describlng the alleged behavior and a formal review
process will be inltlated (see C below). If the complalnant does not wish to submit a statement in
writing, the College's response wlll depend on the clrcumstances and the complainant's willingness to
cooperate with an lnvestigation. If the administratíve officer overseeing the complaint feels that the
Page 83 of 95
alleged behavior may constitute discriminatory harassment, an investigation will be conducted without
a signed statement. ln some instances, the administrative officer will initiate an informal resolution, if
the circumstances suggest that this type of resolution is appropriate.
C. Formal Complaint Process
1,
Submission of Written Complaint
The complainant will submit a dated and signed complaint to the intake officer, The complaint
should be as specific as possible, including dates, times, locations, a description of the alleged
harassing behavior, and the name(s) of the alleged harasser(s). The statementshould identify
any person(s) who may have information that would be helpfulto the resolution of this
complaint,
Upon receipt of a written discrimination and harassment complaint, the intake officer will
consult with the appropriate administratlve officer, who will review the complaint. If he or she
determines that the complaint falls within the scope of this policy, he or she will appoint an
independent reviewer, The administrator will take interim measures to protectthe complainant
and prevent retaliation or interference wlth the review.
If the alleged harasser is a member of the faculty bargaining unit, complaint procedures
outlined in the collective bargaining agreement will be followed. If the alleged harasser is a
student or a campus employee otherthan faculty, the following procedures will be followed: A
copy of the signed complaint will be given to the accused within 14 calendar days of its
receipt. The accused will be given 14 calendar days from the receipt of the complaint to
respond in writing. An exception to the time requirements may be granted when both the
complainant and administrative officer agree that the compfaint should be handled after the
close of the academic semester.
2.
Identification of Facts
The College shall conduct a full and fair review of the alleged complaint, including a reasonable
effort to corroborate sources of information identified by the complainant and the accused.
The review will be completed as promptly as is possible, normally within 20 working days from
the date the complaint is received. Written, dated, confidentlal records will be maintained
throughoutthe review. Atthe conclusion of the review, the reviewerwill present a written
report whÍch 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.
3,
Informal Resolution of Formal Complaint
If appropriate, the administrative officer will seek an informal resolution of the complaint that
satisfies all persons involved ln the complaint. Such a resolrjtion might be pursued in those
situations where the accused is willing to apologize and to cease the discriminatory behavior
Page 84 of 95
and when the action sought by the complainant is for the behavior to stop. If a resolution is
reached, both parties will sign dated copies of the terms of the resolution, Copies of the signed
resolution will be given to the complalnant, and the accused. " If the accused is a non-faculty
employee of Keene State College, the resolution will be kept in the individual's official
personnel file for five years, at which time it will be destroyed if there are no recurring
incidents. " If the accused is a member of the faculty represented by a collective bargaining
unit, the colfective bargaining agreement wìll be followed. " If the accused is a contract
employee, Vice President for Finance and Planning will ask the contract administrator to
provide documentation of the complaint outcome,
4.
Formal Resolution of Formal Complaint
If an informal resoluiion is not possible or appropriate and the accused is a Keene State
College employee, the administrative officer shall review the investigation report, determine
the extent to which the complaint meets the criteria for harassment, and render a judgment
about the case, which will fall into one of two categories:
1.
2.
unfounded, i,e., in the inforrned judgment of the administrative officer, the behav¡or
did not meet the criteria of discrimination and harassment and/or the accused did not
commit the offense, In this case, the administrative officer will report 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 and harassment, the
administrative officer will reportthe findings to the supervisor, who will impose
appropriate sanctions based on the nature and severity of the offense and the extent
of the findings.
founded, i.e., in the informed judgment of the administrative off[cer, the behavior did
meetthe criteria of discrimination or harassment and was committed by the accused.
In this case the adminístrative officer will report the findings to the supervisor and
determine appropriate sanctions based on the nature and severity of the offense and
the extent of the findings. Sanctions may include but are not limited to an oral or
writlen reprimand, reassignment of duties, mandatory counseling, suspens¡on with or
without pay, or termination. The princlpal administrator will communicate this decision
in writing to the complainant, the accused, the direct supervisor of the accused, and
the personnel file ofthe accused.
5,
Appeals and Grievances
If the complainant is dissatisfied with the judgment and/or imposed sanctions, he or she may
submit a written appeal to the Keene State College President within 14 calendar days of
receipt of the written finding. The Presldent will review all documentation and materials and
make a final determination. Accused individuals have the right to appeal the judgment against
them usÍng the appropriate grievance procedures, These procedures are described in the
Page 85 of 95
KSCEA collective bargaining agreement (faculty) and the employee Complaint and Grievance
Resolution Policy (staff).
D. Informal Complaint Process
The complainant may choose to attempt to resolve his or her complaint informally. This process, while
not "formal" in terms of this policy, is not casual or taken less seriously. It is often used in those
circumstances when a complainanL does not wish to submit a signed complaint and jus[ wants the
behavior to stop. when an analysis reveals that the situation can be resolved through conversation or
other ínformal 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.
1,
2.
Intake Interview (see B above)
Evaluation
As in the formal process, the Intake Officer will consult with the appropriate Administrative
Officer. The Administrative Officer wíll evaluate the information and determine the appropriate
course of action in consultation with the intake officer, Keene State College has a responsibility
to take action in situations where it believes discrimination and harassment may have
occurred, even when no written complaint has been filed. Courses of action may include:
o
assisting the complainant in addressing the problem directly with the person whose
behavior is in question. This may be accomplished either through a Ône-on-one
meeting, phone call, or letter. A complainant is never requlred to confront the person
o
believed to be discriminating or harassing,
addressing the person whose behavior is in question directly or indirectly through that
o
individual's supervisor.
appointing an investigator and proceeding with the formal process described above,
If the information indicates a possible pattern of conduct or if the conduct is judged to be
serious, the administrative officer will:
o
o
advise the supervisor or dean of this judgment.
appoint an investigator and proceed with the formal process described above,
beginning with a formal investlgation (V(CX2) above),
If the information does not suggest a pattern of conduct or if the conduct is judged not to rise
to the level of discrimination but the behavior is stilljudged to be inappropriate, the
administrative officer will discuss this complaint with the supervisor or dean, who in turn will
then hold a discussion of the alleged incident with the accused to ensure that the accused
u ndersta nds expectations for a ppropriate be havior.
o
If the named individual is an employee other than a faculty member, the supervisor
will document his or her discusslon with the employee in a letter to the employee's
permanent personnel file. The letter will be kept in the lndividual's official personnel
Page 86 of 95
file for fìve (5) years, at which time it will be destroyed if there are no recurring
incidents.
o
VI.
If the accused is a member of the faculty represented by a collective bargaining unit,
the contract guidelines will be followed.
Process for Handllng Reports of Discrimination and Harassment by Keene State College Students
When a student is accused of discrimination or discriminatory harassment, the procedures outlined
the
KSC Student Judicial Code
in
will be followed.
If the alleged victim of student harassment is a member of the faculty, the Vice President for
Academic Affairs and the Director of Human Resources will be notified.
If the alleged victim of student harassment is a member of the staff, the Principal administrator
who
oversees the division in which the individual is employed and Director of Human Resources will be
notified.
VII. Time Limits
Prompt report¡ng of discriminat¡on an¿ harassment is in the best interest of the entire Keene State
Coltege community and individuals are encouraged to report incidents of alleged discrimination and
harassment in a timely fashion. Time limits for filing a formal complaint are as follows:
.
¡
For faculty and staff: 60 calendar days
For students: 12 months
Under special circumstances, the principal administrator may waive the time limits, when doing so
serves the purposes of this policy. The principal administrator will document the reasons for such a
decision and conveythe information, in writing, to the complainant and the accused.
VIII. Non-retaliation
Retaliation against anyone making a harassment claim is strictly prohibited. Reprisals or retaliation
against any person reporting dlscrimination and harassment or bringing a complaint of discrimination
and harassment will not be tolerated, whether or not the complaint is ultimately judged to be
consistent with the criteria determining harassment. Keene State College reserves the right to
discipline individuals who engage in any activity determlned to be retaliatory.
IX. False Claims
Intentionally false claims of discrimination and harassment will not be tolerated, No complaint will be
considered false solely because it cannot be corroborated,
Keene State College reseryes the right to discipline members of the College community who
intentionally bring false complaints of discrimlnation and harassment. If evidence ls presented that
Page 87 of 95
exonerates an individual who had been found responsible for engaging in harassing behaviors, Keene
State College willtake actÌon to restore the status of that individual, including removlng
documentation about the original complaint from his or her personnel file,
X. Annual Report
The Více President for Student Affairs, the Vice President for Academic Affairs, the Vice President for
Finance and Planning, and the Director of Human Resources shall submit a confidential annual report
to the President by June 30 of each academic year, This report will list all informal and formal
discrimination and harassment complaints received and describe their outcomes as well as all requests
for training or information about discrimination and harassment, but it will not include information
which identifies the complainant or accused. The purpose of this report isto ldentify possible patterns
of Ínappropriate behaviors and to identify campus needs for information and training,
Page 88 of 95
EXHIBIT
Page 89 of 95
C
' Keene State
Page 1 of6
, Discrimination and Discriminatory Harassment ' PoliciesRedacted
to College
Protect Student Privacy
K(x'r'r(t
Discrimination and Discriminatory Harassment
Searci Pollci6s
Pollcies bv Cateqorv
Aoùþved June 25,2013
Policies A-Z
Return to Policles
1, Overview
3
Fomal Comolainl Process
Overview
ln eccordance with Un¡vers¡ty System of New Hempshire policy and eppllcáble slate and federal laws,
discrim¡nation and d¡scrìm¡nalory harassmenl are expressly prohibited et Keene Stale College
All students, statf, end faculty at Keene Stale College have the r¡ght lo work and lèem in an €nvironmenl
free of discr¡mination and discriminatory harassment âs such conducl ¡nteferes with the mission of lhê
College by dimin¡sh¡ng access to educat¡on and employment; compromising the free and open exchange of
ideas; and impeding relationsh¡ps among students, laculty, and steff.
All persons shâll have equal access to the College's progrems, facilities, and employment w¡thoul regard to
race, color, rel¡g¡on, sex, age, nal¡onal origin, sexual orientâtion, gender Ìdentity, gender expression, marilal
stalus, veleran's status, or disability No member of the campus community may engage in behevior with¡n
the jurisdiction of the College lhat unjustly interferes with any ind¡vidual's required tasks, career
opportunities, leemíng, or parlicipal¡on in c¿mpus
life
AII members of lhe c€mpus communily share
responsibilily for preventing end reporling discrimination and harassment, cooperat¡ng in eny invest¡gation
wh¡ch might result, end maintalning confidentiality
Deflnitlon: Discriminal¡on refers to aclions which deny a member (or
in some casês, a potential member)
of lhe community employment. promotion, t¡ansfers. access lo ac¿dBmic coulses, hous¡ng, or olher
College benefits ând entltlements becáuse of a membefs protected class stetus, includ¡ng race, color,
rêligion, sex, age, national or¡gin, sexual ori€ntetion, gendor identity, gender expression, marltal stalus,
veleran's status, or dlsability. D¡scrim¡nstion may lake many lorms, and csn include:
.
.
in the hiring process: feilure to consider a candidate because he is too old, or because she has e
partner, or becâuse he is transgender. or because o1 her religion, or because ha is d¡sabled yet can
do the job, with or withoul an accommodalion;
in the acâdem¡c realm: failure lo tako sludents seriously in pârticuler ecademic classes bec¿use of
their gender, rac€, or nalional origin; or assignment ofa lowêf grede lo a quel¡f¡€d student with a
leÊm¡ng disability because the studenl received ácademic adjustments or modif¡calions; or singling a
student out in class for rid¡culei or on thg bas¡s of being an undenepresented student and be¡ng
asked to represent his/her rac€ or rellgion g¡ven e presumption of fsmiliarity with lhe works of
undenepresented thinkèrs; or
.
on the job: lsck of acceptance by a supervlsor of e woman in e conslruction lrades posilion, or failure
lo promote a gay employee because of his sexual orièntat¡on
Dlscrlmlnatory Haras6ment
is verbal or physical conduct thet demeans or shows hostilny, or ev€rsion,
toward en individual because of his/her race, color, religion, gender, gender ¡denlity or expression, sexuel
orientation, mar¡tal status, nat¡onal origin, a9e, disability, or bsc€usê of rolaliation for engaging in protected
activ¡ty and lhal:
.
Has the purpose or etfect of creetlng an ¡ntimidating, host¡le, or offensive leaming or working
env¡ronmanli or
.
Hes the purpose or etfecl of unreasonaþly ¡ntelering with an ¡nd¡v¡dual's learn¡ng or work
pelomence; or
.
.
.
Otherwise adversely alects an ind¡viduel's employmônt opporlunÍties or abil¡ty lo bo successful
âcadem¡câlly Heressing conduct includes, but is not lim[ed to the following:
Epithets, slurs, lokes, neget¡ve slereotyp¡ng or threatening, intimidating or host¡le ects that relate to a
person's rece, color, religion, gender, nat¡onal orig¡n, age or disabil¡ty
Wriüen or graph¡c material wh¡ch demeens or shows hostility or aversion loward en individual or
group because of rec€, color, religion, gender, national orig¡n, age or disebility end ¡s posted on walls,
bullelin boerds, e-mail or elsowhere on the campus.
Page 90 of 95
Discrimination and Discriminatory Harassment ' Policies ' Keene State College
Page2 of 6
.
Submission to or reJect¡on of such conduct by an ¡ndividual is used as the båsis for decisions effecthg
an individual's employment or grades
Harassment rn6y tak6 the form of unwelcome Eoxual advanc€s, gramt¡, jokes, prenks, slurs, insults, threals,
remarks made in the person's presence, interference with lhe person's wo¡k or scademic life, vEndsl¡sm,
ess¡gnment of unpleasent duties, or even physical assaull directed egeinst eny member of e protec'ted
class. Further examples includo: repeatedly directing râcigl, homophobic, or sexual Epithets et en
ind¡v¡dual: hanging á noose ¡n an African-American's work plåce or res¡dence half; painting a Nazi swestika
on the door of a Jewish student, professor, or stañ member; repeetedly sending unwelcome, sexually-
explicit e-ma¡l messages lo enothort sunounding wilh a group end launling anolhêr student about his or her
sexual or¡enlal¡on or religion; mak¡ng unwelcome seruål propositions, espec¡elly by a person ¡n a
supervisory or instruclor relallonsh¡p: repeatedly telling derogatory gender- or ethnic-based jokes;
displaying sexuâlly suggestive objecls or p¡ctures in the workplace except as those items may be pert of
lêgitimate pedÉgogical pursuits; giving unwelcome hugs orrepeatedly brushing orlouching anolheis body;
mimicking the manner of speech or movemenl of an ind¡vidual wlth â dlsabil¡ty, or interfering w¡th lhat
person's necessary auxiliary a¡ds or serv¡ces (e g , interpreler, assistive serv¡ce animal)
Contacts for Assistance and lnformation
lndividuels who heve a concern aboul ¡ncidenls or behav¡ors which may constitute harassmenl o¡
disci¡minat¡on should contad any ol lhe lntake Offìcers listed below for informal¡on about the College's
discrim¡nalion and harâssmenl pol¡cies, available support services, procedures for mak¡ng a complaint,
and,for ass¡stance in rêsolving the s¡tualion ¡nformally or
fomally
lnlâke offlcers
.
.
Assislanl Vicê Presidenl for Student Afiairs
.
Associete Vic€ President lor Finance
.
Associate Vice Presidênt for Acedemic Añairs
Assoc¡âle Vice President for Student Affa¡rvDeen of Students
. Asslgtanl V¡ce Pr$ld€nl for Acådernlc
. Fitness Center Manaoer
. Director of Recreational Sporls
Afl8i15
Conflclentiellty
Keene State College will ma¡ntain conf¡denl¡al¡ty where, and to thê extent, legâlly and reasonably
appropriats, wilh the facls made available only to those with a compelling need to know for purposes of
investigation or r€solution of complaints Confidentiality cannot be uncond¡tionally guaranteed undeÍ any
c¡rcumstances. The Collegé has a respons¡bility to act where il knows of a policy violal¡on All parties
including intake otflcers, responsible edmin¡strative off¡cor6, investlgators, aggrleved parl¡es, accused
perlies, end witnesses are requ¡rod lo maintain conlidentiality
Process for Handling Reporls of Discrimination and Harassment by Keene State College Faculty or
Staff Members or Contract Employees
Step One: The lntåke lntsrvlew
Members ofthe community who have been impacled þy unwanted behav¡ors are encouraged to seek relief
Írom such behavior Complaínenls should contacl en lntake Officer as noled below. The lntake Otficer w¡ll
interviêw the complalnent to obtain as much informalion about lhe alleged harassmenl as is possible and
will ¡nform lhe complainânt about the policies and procedures for handling discriminât¡on and herassment
compleints, includ¡ng the College's responsib¡lily toteke action in situalions where it þêlieves discriminel¡on
and haressment may haye occuned lf an alleged herasser is known and named in lhe intake inlErvigw, the
lntake Omcer will encouregê the complainant to oithsr submit a written stetement describing lhe alleged
behavior or idenlify the desirod oulcomes if the compla¡nanl desires lo pursue an informâl resolution,
The lnlake Offìcer will proted thÊ conl¡denlielity of the compleinant to lhe extent legelly and reesonably
appropriatê and, assistthe complainenl In pursu¡ng a complaint, lhrough eitharlhis policy ¡fthere is a
potential v¡olat¡on of this policy or lhrough othe¡ avenues if lhe behaviors are nol covered by this policy The
lnteke Omcer w¡ll compláe ân lntekê Form on all intakes: end send to the appropriate Administrative
Otficer,
Step On€-B Submlssion of Wrlttsn Compleint
The cornpleinant may submit â dsted end signed complaint lo an lntake Otficer The complaint should be
as specilic as possible, includlng dates, times, loc€tions, e desciption ollhe alleged haressing or
Page 91 of 95
' Keene State
Page 3 of6
, Discrimination and Discriminatory Harassment ' Policies Redacted
to College
Protect Student Privacy
diEc¡¡m¡natory behav¡or, ând the name(s) ofthe alleged harasse(s) The statement should ¡deniify any
person(s) who may have information thât would be helpful to thg resolution
ollho compla¡nt
upon rece¡pt of a written complaint, the Inlake otf¡cer will mâke roport to the eppfopriate Adminislrativo
Ofi¡cer, who will ¡'eview the compleint.
Step Two: Routlng of lnt¡ke
lor Complalnt Resolutlon
Depending on the desirÊs olthe complainanl, the specifcity ofthe reporl, and lhe nature ofthe allegations,
a process will be ¡dentmed for iesolv¡ng the complaint:
.
lf an alleged harasser ¡s known but nol identified in the lntake interv¡ew, the ¡nformation will be
¡ecorded on lhe intake form end the needs oflhe complainsnl will be addressed
'
.
.
lf the alleged heresser is unknown to lhe complâinant, lhe inlake ¡nformation will be shared with the
Admin¡slrative Oflicer who will evaluale the c¡rcumstances and if approprlete, order an lnvestigation
end address lhe needs of lhe complainant
lf â written compla¡nt is submitted, a formal review process w¡ll be ¡nitiated (see below)
lf the mmplainant does not choose to subm¡t â statement in writing, lhe Collegg's rssponsê will
depend on the circumslances and the complâinent's will¡ngness lo cooperate with an investigation
.
.
It
lhe Adminislralive Off¡cer overseeing the complâint feels lhat the alleged behevior may constitute
discrim¡natory hârassment, an Ìnvesl¡gation will be conducled w¡thout a signed stetement end the
compla¡nt w¡ll be handled through lhe "Formal Complaint" process descfibgd below
ln some instanc€s, the Administrative Off¡cer w¡ll initiete en informal ¡esolution, if lhe circumstences
suggest lhel this type of rêsolution is âppropriete lf so, the complaint w¡ll be handled by the "lnformal
Compleint" process described Þelow
.
.
When a student ¡s accused of discriminalion or discrlminetory haressment, the procedures outlined in
the KSC Student Judic¡al Code will ollowed
lf the allegèd target of student herassment is a member of the facuÌty, the Vice President for
Academ¡c Affeirs and the D¡r€ctor of Human Resources w¡ll be notifi6d
'
lf the elleged target of student harassment ¡s a member of the slaff, the Principal Admin¡strâlor who
oversees lhe division in which lhe individual ¡s employed and lhe Direclor of Human Resources will
be notified
.lftheresponslbleadm¡nistratorisunabletoassumetheduliesasdef¡ned,
lhePresidentw¡ll ass¡gn
an allemate RegponsiÞle Administrator
.
lf the described behevîors aîe not a violation of this policy, a referrel to other policies w¡ll be made,
such as the KSC Complaint and Grievance process
Roles and Responsib¡lit¡es
Regardless of whelher an informal or fomal process ¡s accessed lor process¡ng a complaint, the
responsib¡lities
ollhe
inst¡tut¡onel represenlalives are defined as follows:
The Adm¡n¡strative Ofticer assigned to e compla¡nt will
*revjew the intake
summary 'teke necessary interim measures to protêct lhe compla¡nant and prevent
retallat¡on or inierference with the ¡nvastigation 'appo¡nt an investigator if nêce6sery 'seek ínfomal
resolul¡on of lhe compfainant where appropriate 'determ¡ne lhe extent to wh¡ch the comple¡nt meels the
cr¡terie for discriminetion and discriminatory herassmånt and render lhe eppropr¡ate adm¡n¡slret¡ve
judgmenl 'determine the eppropr¡ate course of ecl¡on 'communicate epproprletely wlth the complainant,
the accused, end lntake Off¡cer
An lnveslÌgetor ass¡gned to ess¡st with a complâint will:
.
.
Conduct a full, fa¡r and timely invesl¡gation of alleged compleint, including reasoneble 6ff0rt to
conoborate sources of informalion
Prepare a wrillen, daled repon for the Administr8tive Officer
Formal Complaint Process
The formal complaint process is used wlìen e¡lher â wr¡ttgn complainl is subm¡tted or when an init¡al review
of en informal cÐmpla¡nt suggests thal the nature of lhe incidents may be ser¡ous, pervas¡ve, or severe and
when the accused is an employeê of Keene State College
1, The Adm¡nistrative
OIT¡cer will coordinate inter¡m measuros to prolect lñe complainanl and prevont
relaliation or inlerferenæ w¡th lhe review
2
ll lhe alleged harasser is a member of a faculty bargaining unit, compleint procÆduros outlined ¡n the
collect¡ve bargaining agreement will be followed VVñile the proc€dures for managing the complaint
ere subject to lhe Colleclive Bergeining Agreement, the standerds by wh¡ch lhe compleint will be
ieviewed or delermlnalions made will be consistenl with this pol¡cy End are the same for all members
of the community
Page 92 of 95
' Keene State College
Page 4 of 6
Discrimination and Discriminatory Harassment ' Policies Redacted
to Protect Student Privacy
3
lf lhe alleged harassor is câmpus employee olher lhen facutly, the following procedures will be
followed: A copy of the signed complaint will be given to lhe accused within 14 calendar deys of its
receipt. An exc€ption to the time requiÍement may be granled when both the complainant and
Admin¡strative Oñicer agree that the complaint should be handled aner the close of lhe ac€demic
semester.
4
ln all Formal Complaint responses, the College shall conducl a full and fair investigation of lhe
alleged compleint, including a reasonable effort to conoborete sources of infomation ¡dentifed by the
complainant and lhe accused. The invesligation will be completed as promptly as is possible, \Mitlen,
deted, confìdential rEcords will be mainta¡ned throughout the invest¡gation.
a
At lhe conclus¡on of lhe ¡nvestigation, lhe invest¡gator will present a writlen report which will
¡nclude lhe ellegations, the review proc€ss, the evidenc€ in the cåsô, tho persuasiveness of the
evidence, lhe consistency ofthe test¡mony, and the credibility
ollhe wilnesses
and supporting
dosumentalion.
b
5
ln cases where lhe accused acknowledges respons¡bil¡ty for the bêhaviors reported, lhe
Adminislrative Offìôer mey choose lo suspend the invesligetory step
lf the accused is e Keene State College employee, the Adm¡nilrative Oflicêr shall rev¡ew the
investigalion report, dêtermine the extent to wh¡ch the compla¡nl meets the criteria for harassment,
and render a judgment about the c¿se
a
ln determ¡ning whelher discriminatory harsssrnent ex¡sts, the Adminislrative Offic€r will evaluate
the evidence from the standpoint of a reâsonable person's reaction and perspeclive underlho
c¡rcumstânc€s presenled and may consult with legal counsel and other adm¡nistretors lo
determine a "reasoneble person standard "
b
6
The Adm¡nistralive Off¡c€r will cons¡der the totality of the compla¡nt and its c¡rcumslancôs, the
pr¡vate or puþlic envlronment of tho behavior, the intensity or severity of the actions, the patlern
of behavior and the power relationship, if any, between the parties
Judgment will be d€l¡ned as e¡ther unfounded or founded
a
Unfounded, i e , ln lhe informed judgment of the Administrative Omcer, the behavior did not
meet lhe cr¡teria of discriminat¡on and harassmenl and/or lhe accused dld not commit lhe
offense, ln lhis case, the Administrative Omcer will report lhis finding in writing to the
complainant,theaccused,andlhesuperv¡soroftheaccused lflheAdm¡n¡stretiveOfficer
determines that lhe behav¡or ¡n quest¡on is inappropriate, even though it may not meet the
criteria of discr¡mination and harassment, lhe Adminislralive Officer w¡ll reporl the Rndings to the
superv¡sor Ths Administrative OtfÌcer may impose appropriale sanctions Þased on the nature
end severily of the offense and the extent of the findings Any sanct¡ons imposed should be
done so only in consultalion with Director of Human Rosources
b,
Founded, ¡.e., in the informed judgment of the Adm¡nislralive Officer, the behevior d¡d meet the
c¡iteria of discrimination or harassment and was committed by lhê accused, The Adminiskative
Off¡cer will communicale this dec¡sion in wr¡ting to the compleinant, the eccused, the direct
supervisor of the accused, and lhe personnel fìle of the acdsed The Admin¡stral¡ve Off¡cer v/ill
delermine appropr¡ate sanctions besed on lhe nature end severily ofthe oñense and the extent
olthe f¡ndings Sanctions may include but ere not lim¡led to an oral orwr¡tten repr¡mand,
reassignmenl of duties, mendatory counselíng, suspension wilh 0r w¡thout pay, proÞation, or
term¡nat¡on
7
Appeals and Grievances lf the complainant i6 dissatisfied w¡lh lhe judgment, he or she may submit a
wr¡tten appeal to the Keene State Coll6g6 Pres¡dent with¡n 14 celendar days of receipl of lhe written
f¡nding. The President w¡ll revlew all documenlalion end maler¡als and make a final determination
Accused indiv¡duals have the right to appoal lhe judgment ageinst lhem using the appropriale
grievanc€ procedures. These procedures are descÍ¡bed ¡n the KSCEA collactive bargaining
agreement (facully) and the employee Compleint end Grievance Resolullon Policy (slaff),
lnformal Complaint Procoss
The complåinant mây request that the College seek to address the complainl ¡nformally This process,
while nol "formal" ¡n terms of this pollcy, is not cásual or taken less seriously lt is otlen used in lhose
circumstances when a complainant does not wish to submit a signed complsint but wants lhe behavior to
stop, when an snãlysis reveals lhat the silualion can be resolved lhrough conversalion or other infomal
and direct steps, or when the 16port of discr¡minelion or harassmenl is received from a third parly and lhe
alleged v¡ct¡m ¡s unw¡lling to parlicipate in the complaint process.
As in the formal process, lhe lntake Ofl¡cer w¡ll reporl lhe concem to the appropriate Administrative Officer
The Administrative Oflicer will evaluate lhe information and determine the appropr¡ete coulse of aclion
Keene Stãte College has a responslb¡lity to lake aclion ¡n situations where it believès discriminat¡on and
harassmentmsyhaveoccuned,evenwhennowrittencompla¡nthasbeenfled
Coursesofactionmay
include:
'
.
assisting th€ complâinant in addressing the problem direclly wilh the person whose behav¡or is ¡n
question This may be accomplished either through â onÈon-one meet¡ng, phone câll, or letter A
complainant is never required to confront the person believed to be discriminating or harassing
addressing lhe person whose þehavior is in quest¡on dlreclly or indirectly through that individual's
supeNlsor
Page 93 of 95
Page 5
.
appointing an investigator and proc€ôding wilh the fomal process descdbed above
lf lhe informât¡on ind¡cates a possible patlem of inappropriate conduct or if lhe conduct i6 judged lo be
serious, lhe Admin¡strative Off¡cer will:
.
,
advise lhe superv¡sor or dean of this judgment
âppoint an investigelor and procesd with the fomÊl process described above
lf the informâtion does not suggest the conducl r¡ses lo the level of discrimination or discriminatory
haressment but the þehavior is olherw¡se judged to be inappropriate, lhe Administ.ative Oflic€r will discuss
lhis complaint with the supervlsor or dean, wño in tum will address lhe alleged inc¡dent wilh the accused to
ensufe that the accused underslands expeclalions for appropriate behavlor and (o assure epproPilele
senclions are ¡mposed.
.
lf lhe named indivídual is an employee olhsr than a faculty member, the superv¡sor wlll document hls
or her discussion with the employee in e letter to the employee's permanent personnelf¡le The
Adminislralive Offic€r or direcl supervisor may choos€ lo ¡mpose sanct¡ons for tho ineppropriste
behavior in consultetion w¡lh Humen Resources
.
lf lhe accused is e mambsr ol the faculty represonted by E colleclive bargelning unit, contracl
guidelines will be followed.
Time Limits
Prompl reporting of disc¡im¡nation and harâssment is in the besl interest of the entire Keene State College
communily and individuals are encouraged to reporl incidenls of alleged discr¡mination and harassment in
a timely fashion. Faculty and slefi ere provided wìth 60 days to l¡le e formel complaint Sludents are
provided with 12 monlhs to l¡le e formel compleint
Under special c¡rcumslances, lhe principeladminislretor mey weive the time limits, when do¡ng so serves
lhe purposes of this policy The princ¡pal âdministrator will documont lhe reâsons for such e dec¡sion and
convey lhe information, in writing, to the compleinanl end tho accused
Non-retaliation
Relaliation aga¡nst anyone reporting a harassment issua is strlctly prohibited Reprisals or relaliation
against any person reporllng discriminalion and haråssmenl or bringing a complaint of discr¡mination and
hârassmenl will not be tolerated, whether or nol lhe complaint is ultimately judged lo be consistent with the
criterie delermining harassment Keene Stale College reserves the righl to dlscipl¡ne individuels who
engage ln any ac1¡vity delermined to be retal¡atory,
FalsE Claims
lnlenllonally false claims of discrlminetion end hersssment will nol be tolareted No comple¡nt w¡ll be
considered false solely becåuse it cannol be conoboreted
K€ene Slate College reserves the right to disc¡pline members of the College commun¡ty who intentionally
bring Íalse complaints of discrimlnation snd herassment ll èvidence ¡s presênted that exonerates an
indìvidual who hed been found responsible lor 6ngaging in harassing behav¡ors, Keene State C0llege will
take aclion to reslore lhe stetus olthat indiv¡dual, ¡ncluding removing documentati0n aboutthe original
complaint from his or her personnel file
Employee Obligation to Report
Any employee of Keenô State College who observes discriminatory or harassing behaviors or who rec€ives
¡nlormat¡on that such conducl mây heve occuÍed ¡s responslble for discussing lhis infomation with ân
adminislrslive contact Employees in Health Sefvices and lhe Counseling Center, as well as lhe psychialric
nurse praclitioner, are exempt from lhis reporting requirement when the informetion is provided to lhem
within a privileged medic€l or counseling relallonship
lntake Formg
Keene Stete College will maintain records of all discrimination and harassment reports to ¡denlity campus
needs for ¡nfomat¡on and lraining and possible pâtterns of discrimination or harassing behavior lnteke
forms wlll remain conf¡dential ând will be mainla¡ned by the following ¡nd¡viduals:
.
.
The V¡ce President for Studênt Affairs when the alleged harasser ¡s a sludont
.
.
Ths Director of Human Rôsources when lhe alleged harasser is a stafi member
The V¡ce President for Academic Affeirs when the alleged haresser is a member of the teaching stafi
The Vice President for Finance and Plenning when the slleged harasser ¡5 a member of conlrect staff
Annual Report
Page 94 of 95
of6
Page 6
Responsible admin¡stralofs will provide reporls of oech ¡ncidenl as described. The Directol of Humân
ResourcÊs end th€ Chi6f Omcer for Divers¡ty end Mutticutlural¡sm w¡ll prepere an annual summary to be
reviewed by lhe President ll should l¡st all ¡nformal ând formal discr¡minalion ând hârassmenl complaints
received, lhe general nature of lhe concem, and oulcomes or continu¡ng slatus, lÌ will nol include
¡nformation which idgntifies the compla¡nent or accused Thê purpose of lhis regort is to identffy possible
pattems of ¡nappropr¡ate behaviors end lo identify campus needs for infomelion, educ€tion, training, and
policy changes.
E
About this Policy
,g
Discim¡nal¡on and Discñm¡natory Hdtd ssnent
Ownersh¡p: Human R6sources
Last Revised: Septsmber 24, 2013
Câtegories:
!8
For questions regading lhís polîcy, please contact the policy ownet.
1-800-KsC-1909 229 Main St. Keene, New Hampshire 03435
O 2014 Ke€ne State Collegs Keena State ColleBo is e mgmb€r of the Univ€rsity Syslem ol Nêw Hampsh¡F
Page 95 of 95
of 6

Here - Keene State College

Transcription

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