Addendum report august 2017

Report of Historical Allegations of Sexual Abuse & Misconduct The Emma Willard School Addendum

Gina Maisto Smith, Esq. Leslie Gomez, Esq.

August 2017

I.

Introduction

In April 2017, we released our Report of Historical Allegations of Sexual Abuse & Misconduct (April 2017 Report) at the Emma Willard School. The focus of the investigation was to understand individual experiences of former students and alumnae, to understand the context of the reported conduct, to evaluate whether the School knew or should have known about the conduct, and if so, to assess the School’s response in light of child protective services, criminal laws and standards of care at the time of the conduct. The April 2017 Report provided an overview of our engagement and investigative process; the chronological account of the facts gathered in our investigation, grouped by decade; an overview of the dynamics of child abuse and the relevant legal framework; and our findings and conclusions about the School’s response.

Consistent with the commitment of the School and the Board of Trustees, the April 2017 Report was shared directly with the Emma Willard community.

When the April 2017 Report was released, we acknowledged that it contained a snapshot of information known to us, and the School, at that moment in time. Given the dynamics of abuse and trauma, the nature of the disclosure process, individual privacy considerations, the inability to locate and/or speak with some alumnae, and other factors beyond our control, we did not presume to have identified every instance of assault, abuse, or misconduct at the Emma Willard School. Our body of work was based on the information available to us through interviews, the online anonymous submission site, student files, and personnel files. We understood, having worked in the field of child abuse and sexual assault for all of our professional careers, that the release of the April 2017 Report, and the attention given to this issue by the School, might result in additional reports by community members.

The School specifically encouraged and welcomed affected individuals to share their experiences to the extent that they had not have previously done so. Since April, we have received – and followed up on – additional information related to the review. We received telephone calls, email correspondence, and submissions to the online reporting forum. In keeping with the commitment to protect the privacy of individuals who participated in our review, while also providing transparent information to the Emma Willard community, we are sharing the aggregate information gathered over the past three months in this Addendum.

II.

Clarification and Supplemental Information A.

Eighth and Ninth Reports 1960s – Patricia Kelly

In the 1960s section of the April 2017 Report, we provided information about two reports involving Patricia Kelly (pp. 22-23).

We received a request for clarification from a 1961 alumna. The alumna shared her perspective that the chairperson of the department objected to the termination of Ms. Kelly on the basis that the head of school did not follow protocol or include the chairperson in the decision, rather than from any intent to shield Ms. Kelly. The 1961 alumna wrote, “It was professional pique, not the wish to cover up or otherwise interfere with the necessary action of terminating Ms. Kelly. As a matter of fact, [the chairperson] agreed with Mr. Dietel’s decision about terminating Ms. Kelly.

She just felt she, as Department Chair, should have been brought into the process.”

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B.

Third through Eighth Reports 1970s – Mark Johnson

In the 1970s section of the April 2017 Report, we provided information about multiple reports involving Mark Johnson (pp. 30-37).

An alumna from 1971 contacted the School to express her “admiration for Emma’s handling of its issues regarding sexual misconduct.” The alumna shared that Mr. Johnson was, to be “generous,” “a problem” for her. Although she declined to provide additional details, the alumna wrote, All to say, I believe Emma’s handling of its circumstances is best described as masterful, gutsy, and full of integrity and should serve as an example of leadership I hope other schools/institutions can emulate. The “sexual misconduct” problem is pervasive.

Mentioning names of perpetrators in the report Emma just released was courageous and right. The perpetrators are held accountable.

From where I am sitting, leadership in these kinds of circumstances means speaking the truth, hard and painful as it is.

Good comes from unearthing secrets and acknowledging pain.

Institutions and people finally heal; society takes a leap forward.

C.

Second Report 1980s – Male Faculty Member

In the 1980s section of the April 2017 Report, we provided information about a male faculty member who reportedly impregnated and subsequently married a student (pp. 48-49).

We received a submission on the online reporting forum relating to this same male faculty member. The individual, who identified himself as the son of a former Emma Willard teacher, disclosed that, “On a school sponsored field trip to New York City he brought along whiskey for the bus trip. I remember him offering me and several Emma students sips from his bottle after we'd arrived in NYC and out of view of other chaperoning teachers.” The commenter also referenced the male faculty member’s relationship with a student. He wrote, “It was well known that he had an ongoing relationship with a student. Neither he nor the student hid it and openly acted as boyfriend and girlfriend.” Finally, the commenter noted that the male faculty member was alone with a student in a campus building “well after midnight” on the night that there was a fire in the building. He asserted that the fire was caused by the teacher’s carelessness. We contacted the commenter for additional information, but he did not respond to our outreach.

D.

Fourth Report 1980s – Female Houseparent

In the 1980s section of the April 2017 Report, we provided information about a female houseparent who was reported to have engaged in an inappropriate relationship with multiple alumnae, including a 1985 alumna (while she was a student) and a 1986 alumna (after graduation) (pp. 49-51).

We received a telephone call from an alumna from the 1980s about this same houseparent. The alumna, who was not one of the two complainants already referenced in the April 2017 Report,

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said, “I have information and have a story to tell.” The alumna said that she was not ready, however, to disclose additional details or participate in the review.

E.

Second Report 1990s – Male Faculty Member (Brian Davidson)

In the 1990s section of the April 2017 Report, we provided information about a male faculty member who was reported to have engaged in an inappropriate relationship with a student in the class of 1995 (p. 58). At the time of the April 2017 Report, the only available information was third-hand; the student of concern did not return our outreach.

Emma Willard was subsequently informed that this male faculty member, Brian Davidson1, may have committed misconduct at an independent school before being employed at Emma Willard.2 Based on this additional information, we again sought to speak with the alumna from 1995. The alumna responded to our outreach and confirmed that Mr. Davidson engaged in inappropriate contact with her on one occasion at the end of 1993. The alumna, who was 16 years of age at the time of the incident, described “a conspiratorial relationship with an adult friend” that culminated in one instance of physical contact on the day after the class of 1993’s graduation (also Mr. Davidson’s last day of employment before retiring from teaching). The alumna said that she believed other individuals, including students and some faculty members, were aware of the friendship. She recalled a school employee asking her if there was anything inappropriate going on with Mr. Davidson, to which she responded that there was not. The alumna said that Mr. Davidson repeatedly contacted her over the summer and fall despite her efforts to avoid him.

The alumna also described being ostracized by peers, feeling unsafe when Mr. Davidson returned to the campus to visit the following fall, and not being supported by her houseparent when she shared her concerns about Mr. Davidson’s visit. The alumna also described feeling like what happened was her fault and that because she had denied the conduct when asked, feeling like she could not turn to anyone for help. The alumna encouraged the current administration to be cognizant of the barriers to reporting that may exist when a student feels in some way complicit in the conduct.

Consistent with our investigative protocol, this additional information was shared with law enforcement. In addition, a review of Mr. Davidson’s personnel file confirmed that the prior 1

Consistent with the protocol set forth in the April 2017 Report, when we were able to reach a level of confidence that the underlying conduct occurred as reported based on the nature and quality of the information as reported to us, we included the name of the respondent in the April 2017 Report. (See pp. 8-9 for a deeper discussion of the protocol for identifying respondents by name.) As we noted, “In those instances where the conduct was not substantiated, we recognize that additional information may come to light after the publication of this report, including first-person narratives by the complainants in those matters, which may support a finding that the conduct occurred as reported.” Given the first-person information provided by the complainant in this matter, we included Mr. Davidson’s name in this Addendum.

2 On July 31, 2017, the Phillips Academy released a report of an external Sexual Misconduct Investigation. In the report, external counsel wrote, “The Investigative Team determined that Mr. Davidson’s conduct constituted a sexual advance toward Student A, would have violated the 1984 Standard had it been in effect at the time the conduct occurred, and was contrary to School expectations. See http://www.andover.edu/About/Newsroom/Documents/Sanghavi_Report.pdf?utm_medium=email&utm_campaign= CMM%20-%20073117%20-%20Sanghavi%20Report&utm_content=CMM%20-%20073117%20%20Sanghavi%20Report+CID_e1b691b04eb1280e532518fbed776fbc&utm_source=CMAndoverCampus&utm_ter m=full%20report

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independent school provided a positive reference for Mr. Davidson at the time he sought employment with Emma Willard.

F.

Third Report 2000s – Female Intern

In the 2000s section of the April 2017 Report, we provided information about a former employee who was identified as an intern (pp. 82-83). We have since learned that the individual in question was a faculty member at the time of her termination, not an intern. She also served as a faculty affiliate for the residence halls.

III.

New Report - Fourth Report 2000s – Female School Administrator

We received an anonymous report that a 2015 alumna and a female school administrator “were engaged in a consensual relationship” during the 2014-2015 academic year. There was no relevant information in either the student file or the personnel file.

We attempted to contact the 2015 alumna, but did not receive any response to our outreach.

Consistent with our reporting protocol, this allegation was shared with law enforcement.

IV.

Conclusion

As with the April 2017 Report, this Addendum provides an overview and update as to the information currently available to the School and Cozen O’Connor as of the date of this Addendum.

The School both encourages and welcomes affected individuals to share their experiences with the School to the extent that they may not have previously done so.3 If additional historical information is disclosed, the April 2017 Report and this Addendum will be further updated.

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The online webpage, https://www.surveymonkey.com/r/Review_EWS, will remain open. Community members who wish to contribute can submit information, anonymously or with contact information, to Cozen O’Connor through the webpage. No personally identifiable information is captured unless voluntarily offered in any of the comment fields.

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