Case 3:16-cv-30184-MGM Document 124-156 Filed 09/30/18 Page 1 of 3

Locke Lord

Locke 111 Huntington Avenue

Boston, MA 02199
Telephone: 61 7-239-01 00
Fax:617-227-4420
www lockelord.com

Lord-" []J'Yr.' l.:ì{.il:

l.);:tüle¡
llr*cl f orspi)ore ñ l7 :lltü"ii I
''.tr
Dr.û(J Ëilx: ¡ì06-ü5$ 8f11.ì
daryl. lappqi) ioc.kc lOril ü)nr

January 30, 2018

VIA EMAIL

Stacey Elin Rossi

ROSSI LAW FIRM
P.O. Box 442
Hoosick Falls, NY 12090

Re: John Doe v. Williams College

United States District of Mass., CivilAction No. 3:16-cv-30184-MAP

Dear Stacey

This letter is in response to your letter dated January 28,2018. After further effort we were able
to locate an electronic version of the letter that Dean Sandstrom prepared and handed to the
Panel members when she met with them. The document is enclosed, bates labeled
8-WMS11719
c.-,- si rely,

D pp
Encl re

lizabeth Kelly (by email)

Krista A. Wroldson Miller (by email)

AM 6778061 1.1
 Case 3:16-cv-30184-MGM Document 124-156 Filed 09/30/18 Page 2 of 3

Grounds for appeal:

On December 11,2016, the panel found John responsible for one claim, "violating the code of
conduct by engaging in nonconsensual sex." ln reaching its determination, the panel found that,
"based on the preponderance of the evidence... it [was] more likely than not that you did not
have affirmative consent to have sexual intercourse with Smith during the incident in question."

John contended that the hearing panel failed to consider the policy in effect at the time of the
September 201 4 incident.
The lanquaqe from the colleqe's code of conduct that was in effect at the time of the
incident is as follows:
Non-consensualSexual lntercourse: Any sexual intercourse (anal, oral, orvaginal); however slight;
with any object; by a man or a woman upon a man or a woman; without effective consent.
Consent means that at the time of the sexual contact, words or conduct indicate freely given approval or
agreement, without coercion, by both participants in the sexual contact. Both parties have the obligation
to communicale consent or the lack of consent. A verbal "no" (no matter how indecisive) or resistance
(no matter how passive) constitutes the lack of consent. ln addition, consent once given may be
withdrawn at any time. lf consent is withdrawn, the other party must immediately stop whatever sexual
contact is occurring.

An individual is unable to give consent if he or she is: substantially physically or mentally impaired by
alcohol ordrugs; forced orthreatened; physically incapable of resisting, asleep, or unconscious

Unless an individual is substantially physically or mentally impaired, consent while under the influence of
alcohol or drugs is valid consent.

As is the case wilh other violations of the Code of Conduct, lhe use of alcohol or drugs does not minimize
or excuse a person's responsibility for sexual assault.

More recent policv that was described in the investiqative report

Non-consensual Sexual lntercourse: Any sexual intercourse (anal, oral, or vaginal); however slight;
with any body part or object, by any person upon any other person, without effective consent.
Consent is a crucial part of both the Williams Code of Conduct and Massachusetts law. The Williams
College Code of Conduct requires affirmative consent for all sexual activity. Consent means that at the
time of the sexual contact, words or conduct clearly indicate freely given approval or agreement, without
coercion, by all participants in the sexual contact. Both parties have an obligation to communicate
consent or the lack of consent. ln the absence of affirmatively expressed consent, sexual activity is a
violation of the code of conduct. ln addition, a verbal "no" (no matter how indecisive) or resistance (no
matter how passive) constitutes the lack of consent. ln addition, consent once given may be withdrawn at
any time. lf consent is withdrawn, the other party must immediately stop whatever sexual contacl is
occurring. An individual is unable to give consent if he or she is substantially physically or mentally
impaired by alcohol ordrugs, forced orthreatened, physically incapable of resisting, asleep, or
unconscious. Consent while under the influence of alcohol or drugs is valid consent, unless the person is
under the influence to the point of being substantially impaired. As is the case with other violations of the
Code of Conduct, the use of alcohol or drugs does not minimize or excuse a person's responsibility for
committing a sexual assault.

wMS11718
 Case 3:16-cv-30184-MGM Document 124-156 Filed 09/30/18 Page 3 of 3

ln light of the fact that the hearing panel applied a policy not in effect at the time of the alleged
misconduct, an appeal of the finding of responsibility and related sanction was granted.

The original hearing panel shall reconvene and consider the claim of non-consensual
I
intercourse against John . ln reaching its determination, the panel shall rely on the language of
)
the college's policy in etfect at the time of the alleged September 2014 misconduct, namely the
language included above. When the panel reconvenes, pursuant to the college's policy, the
panelwill consider and weigh all the evidence presented before it, including the "statements
gathered by the investigator and the investigator's report, along with the responses to the report
(if any) from the complainant and respondent".

wMS11719