Response To Kaiser Assault Report REDACTED

1
Response to draft investigative report prepared by Richard H. Kaiser

October 18, 2013
Mr. Kaiser,
We have caref!!y revie"ed the draft report yo prepared for #eatt!e #choo! $istrict %enera! &onse!,
Ron 'ng!ish, "ho retained yo to condct an investigation into the se(a! assa!t of or daghter,
on a %arfie!d H# fie!d trip )ove*ber +, 2012.
,n or response "e refer to the fo!!o"ing doc*ents, a*ong *any others-
.. $raft ,nvestigation Report prepared by Richard Kaiser, dated /ne 28, 2013 01Kaiser Report23
4. &ase Report prepared by the )ationa! 5ar6 #ervice, ndated 01)5# Report23
&. &orrespondence "e received fro* #eatt!e #choo! $istrict personne!, varios dates
$.

'. Reports and correspondence fro* different *edica! and *enta! hea!th professiona!s "ho
treated
7. Hand"ritten e(cerpt fro* persona! diary, .pri!, 2013, "ritten at the Residentia!
8reat*ent &enter in 9tah
%. #eatt!e 5b!ic #choo!s 7ie!d 8rip 5rocedres, revised .gst 2:, 200+
H. #eatt!e 5b!ic #choo!s %ide!ines for ;o!nteer 7ie!d 8rip &haperones, dated .gst 2:, 200+
,. #tdent Rights and Responsibi!ities, #eatt!e 5b!ic #choo!s, /ne, 2011
/. .d*inistrative and p!anning doc*ents for the %arfie!d H# 'co!ogy &!ass )ove*ber fie!d trip to
the O!y*pic )ationa! 5ar6 provided by the schoo! district
K. &orrespondence fro* &a!andra #echrist, 5rogra* #pervisor, '<ity and &ivi! Rights Office,
Washington #tate Office of #perintendent of 5b!ic ,nstrction
=. $ear &o!!eage =etter, 9# $epart*ent of 'dcation Office of &ivi! Rights, dated .pri! >, 2011
M. )atre4ridge &haperone .gree*ents and &ode of &ondct
8hese doc*ents appear in the appendi(.
.s e(p!ained in this response, "e have conc!ded the fo!!o"ing-
1. On the %arfie!d H# fie!d trip to )atre4ridge !ast )ove*ber, there "as neg!igent chaperoning
and inade<ate ad!t spervision, "hich vio!ated the #eatt!e 5b!ic #choo! and)atre4ridge
po!icies that teachers "ere to enforce, and "hich enab!ed *a!e and fe*a!e stdents to co?
*ing!e nspervised before and after crfe", thereby creating an ncontro!!ed and nsafe
environ*ent in "hich a se(a! assa!t co!d and did occr.
2. "as se(a!!y assa!ted )ove*ber +, 2012 on the fie!d trip by her c!ass*ate identified as
1#tdent 22 in the Kaiser Report.
3. #choo! personne! "ere a"are of the se(a! assa!t on the *orning after it occrred.
>. "as har*ed as a res!t of the se(a! assa!t.
student1
student1
student1
student1
student1
student1
FERPA
2
:. 8he #choo! $istrict "as a"are that "as har*ed as a res!t of the assa!t.
@. #choo! $istrict personne! botched and *is*anaged acco**odations for post?assa!t.
+. With respect to the se(a! assa!t on the #choo! $istrict vio!ated state and federa! civi!
rights !a"s, specifica!!y 8it!e ,A of the 9# 'dcation .*end*ents of 1B+2 018it!e ,A23.
$iscssion
1.)eg!igent chaperoning and inade<ate ad!t spervision created an ncontro!!ed and nsafe
environ*ent in "hich a se(a! assa!t co!d and did occr.
.. Ma!e and fe*a!e stdents co?*ing!ed before and after crfe" "ithot spervision, in vio!ation
of the )atre4ridge code of condct, "hich the %arfie!d H# teachers and chaperones "ere
re<ired to enforce.
0Kaiser Report3 $ring this investigation, a #tdent na*ed #tdent 3 to!d *e that he and other #tdents ignored the
1!ights ot2 directive. #tdent 3 re!ated that he "a!6ed ot of the cabin and *et other #tdents "ho hng ot and
!oo6ed at the stars.
0Kaiser Report3 #hort!y after !ights ot, the *a!e #tdents in #tdent 2Cs roo* !eft. 8hey te(t *essaged fe*a!e
#tdents and discssed "hether they sho!d go e(p!oring in the forest.
0)5# Report3 DMonday nightE .fter crfe", DredactedE and another boy snc6 into the gir!sC cabin throgh a "indo".
4. 7e*a!e stdents !eft their cabin, sing chairs beneath "indo"s in so*e cases, and spent the
night in a roo* in the boysC cabin. &haperones did nothing to prevent this fro* occrring.
0Kaiser Report3 #tdent > and #tdent @ decided to visit the *a!e #tdentsC cabin. 8hey c!i*bed ot of the "indo"
and then "a!6ed throgh the *ain door of the *a!e #tdentsC cabin. #tdent > and #tdent @ then visited "ith so*e
*a!e #tdents "ho "ere not assigned to #tdent 2Cs roo*. 8hey both fe!! as!eep. .t : .M, #tdent >Cs a!ar* "o6e
p the #tdents. #tdent > and #tdent @ retrned to their cabin.
0)5# Report3 )atre4ridge staff had !ocated chairs p!aced otside the "indo"s of severa! Orchid Dgir!sC cabinE roo*s,
inc!ding roo* F2.
&. &haperones ad*it they co!d not contro! stdentsC co*ings and goings after crfe" Monday
night bt *ade no effort to rectify the sitation the fo!!o"ing evening, or enforce r!es by
ad*inistering conse<ences.
0Kaiser Report3 DMonday, )ove*ber :E Mr. Ward strgg!ed to ensre everyone "as present and acconted for,
becase #tdents 6ept !eaving the cabin nder the pretense of sing the restroo*. 'venta!!y, Mr. Ward to!d the
#tdents to be <iet and then "ent to his roo*. He 6ept the door open for ten to fifteen *intes. .t 11-00 5M, Mr.
Ward to!d the #tdents that he "as going to s!eep. He then sht his door and "ent to s!eep.
0Kaiser Report3 DMonday, )ove*ber :E .t !ights ot, the fe*a!e #tdents began approaching Ms. .rno!d and as6ing
for per*ission to se the restroo*. Ms. .rno!d did not reg!ate any of these forays and did not ensre that each of
the #tdents pro*pt!y retrned fro* the restroo*. Ms. .rno!d eventa!!y tried to go to s!eep.
$. Mr. Ward "ore earp!gs "hi!e he s!ept, di*inishing his abi!ity to effective!y *onitor of the post?
crfe" co*ings and goings of the 1> *a!e stdents in his charge.
student1
student1
student1
3
0Kaiser Report3 .fter the fe*a!e #tdents !eft, Mr. Ward "ent to his roo*. He 6ept the door open and a!!o"ed the
*a!e #tdents to sett!e do"n. Mr. Ward then !eft his roo* and annonced, 1.!! rightG ,C* going to bed. 4e
respectf! of yor peers.2 He then "ent to his roo*, sht the door, donned so*e earp!gs, and "ent to s!eep.
D.ccording to #tdent 2E Mr. Ward did not chec6 on the *a!e #tdents after he to!d the* it "as !ights ot and ti*e to
go to bed. #tdent 3 si*i!ar!y to!d *e that Mr. Ward did not chec6 on the #tdents after !ights ot. .ccording to
#tdent 3, he !eft the cabin a!*ost i**ediate!y becase he and the fe*a!e #tdents had discssed getting together
ear!ier in the day.
'. 8eachers s!ept "ith their s*a!! chi!dren in separate cabins 0Honeysc6!e and #**erie3, "hich
are at !east 100 yards fro* the stdentsC cabins and ot of !ine?of?sight in the dar6, and fro*
"hich the teachers co!d not see or hear the stdents they "ere responsib!e for.
7. 8eachers and chaperones had not read the districtCs fie!d trip procedres and "ere therefore
not a"are of their responsibi!ities therein-
0#5# 7ie!d 8rip 5rocedres, p 10, 18?1B3
#pervise stdents at a!! ti*es.
'nsre spervision of stdents by an ad!t at a!! ti*esH.$eter*ine "hat is ade<ate spervision dring
overnight stays 0ho" fre<ent!y to chec6 the roo*, etc3.
>
$eter*ine "hat spervision 0"hat 6ind and ho" *any3 is needed. 'stab!ish the proper ratio of spervisors to
stdents based on a case?by?case eva!ation of each fie!d trip.
a. 4ase the n*ber of chaperones on an eva!ation considering the n*ber of stdents, age and
*atrity of the stdents, types of activities, faci!ities, dration of trip, type of transportation, and
safety considerations 0sch as e*ergency procedres3.
b. Reco**ended *ini** spervision ratios 0ad!ts to stdents3 are as fo!!o"s- e!e*entary schoo!
age I 1-10J *idd!eKhigh schoo! age I 1- 20. 8he bi!ding ad*inistrator and coordinating staff
*e*ber sho!d agree pon the ratio for each trip.
c. More andKor specifica!!y <a!ified chaperonesKstaff *ay be needed for higher?ris6 activities,
overnight stays 0gender?specific3H.
&haperone responsibi!ities and training-
5resence and attentiveness. 4eing "ith stdents at a!! ti*es and 6eeping stdents easi!y in sight. 0,f one of the
chaperones cannot see the stdents, the stdents are not being proper!y spervised.3 )ot beco*ing distracted
fro* dties.
#tdent behavior *onitoring and intervention. 4eing 6no"!edgeab!e of and consistent!y enforcing schoo! r!es
and po!icies. Restricting stdents fro* !eaving the grop, roghhosing, horsep!ay, or other inappropriate
behavior. 8a6ing appropriate action "hen r!es are not fo!!o"ed or a stdent is in danger.
0Kaiser Report3 $ring this investigation, , sho"ed Ms. #noo6a! the re!evant e(cerpt of these gide!ines. #he
indicated that she had not previos!y seen these procedres or sho"n the* to Ms. 7in!ey or any of the
&haperones "ho "ent on the fie!d trip.
0Kaiser Report3 $ring this investigation, none of the &haperones indicated that they had previos!y seen the
$istrictCs 7ie!d 8rip 5rocedres.
%. )o evidence that t"o of the chaperones had read and signed the #5# %ide!ines for ;o!nteer
7ie!d 8rip &haperones, and "ere therefore not a"are of their responsibi!ities therein-
0#5# %ide!ines for ;o!nteer 7ie!d 8rip &haperones, p 23 #tdent behavior is yor responsibi!ity. #choo! r!es
re!ated to stdent behavior app!y. %o over r!es and standards of behavior, safety r!es, and any site specific
r!es "ith stdents. 'nsre that stdents do not get invo!ved in any e(tra activities not pre?approved by
ad*inistrators and parents.
H. 8he schoo! district c!ai*ed to have spp!ied s "ith a!! of the pre?trip doc*entation in its
possession. 8he teachers fai!ed to co*p!ete a!! of the p!anning doc*ents.8he %arfie!d H#
ad*inistration fai!ed to observe the re<ired signoff dates, athoriLed the fie!dtrip "ithot a
*a!e chaperone, and endorsed that stdent per*ission for*s had been trned in before they
acta!!y "ere. 8"o chaperones "ere added after %arfie!d H# ad*inistration had approved the
trip. 8he fe*a!e chaperone, Ms. #tro*ho!t, and *a!e chaperone, Mr. Ward, "ere not !isted on
the approved !ist of chaperones. 8hey had not been proper!y screened, according to schoo!
district reg!ations, a!thogh they "ere responsib!e for the night?ti*e spervision.
0#5# 7ie!d 8rip 5rocedres3 'nsre that a!! chaperones are cri*ina!!y screened as specified by R&W >3.>3.830
0se #choo! ;o!nteer $isc!osre 7or*3, or have passed a Washington #tate 5atro! fingerprint cri*ina! screening.
:

,. 8he schoo! 6ne" or sho!d have 6no"n that becase #tdent 2 had a discip!ine record that
inc!ded 1!e"d condct2 at schoo!, he presented a ris6 of se(a! harass*ent and !e"d condct
in an nder?spervised setting.
0Kaiser Report3 8his is not the first ti*e that the $istrict has discip!ined #tdent 2 for engaging in !e"d condct.
On October 30, 2010, the $istrict gave #tdent 2 a ten?day sspension after he and a fe*a!e #tdent "ere
discovered having se(a! intercorse on schoo! property dring their !nch period.
/. 8eachers did not set p a pre?trip infor*ationa! *eeting "ith parents dring "hich teachers
co!d infor* parents of their chi!drenCs s!eeping arrange*ents 0in adMacent n!oc6ed cabins3,
chaperoning 0one *a!e chaperone for 1> boys and absence of a night "atch3, and offer parents
an opportnity to as6 <estions so as to eva!ate the ris6s to their chi!dren and *a6e infor*ed
decisions.
0#5# 7ie!d 8rip 5rocedres, p 1@3 7or *ore invo!ved fie!d trips 0ot of contry or overnight stays3, provide a *ore
for*a! opportnity for <estions, sch as an infor*ationa! *eeting for parentsKgardians. $iscss pertinent
infor*ation regarding the proposed trip, inc!ding the fo!!o"ing-
5rpose of the fie!d trip and its re!ation to the crric!* or activity progra*
5roposed detai!ed dai!y stdent itinerary
.rrange*ents for chaperones
5roposed trave! arrange*ents
5roposed hosing arrange*ents
5roposed eating arrange*ents
R!es of condct for stdents
Re*inder that district po!icies app!y, inc!ding the prohibition on drg or a!coho! se
5arent infor*ation and per*ission re<ire*ents
'*ergency procedres
5otentia! persona! safety ris6s

2. "as se(a!!y assa!ted )ove*ber +, 2012 on the fie!d trip by her c!ass*ate identified as
1#tdent 22 in the Kaiser Report.
.. #eatt!e #choo! $istrict #tdent Rights and Responsibi!ities defines se(a! assa!t as fo!!o"s-
0#tdent Rights and Responsibi!ities, p.1@3 #e(a! assa!t inc!des n"anted toching or grabbing of se(a!
parts, indecent e(posre, sing force to engage in intercorse, ora! se(, or other se(a! contact,
Npantsing behavior by other than e!e*entary?age stdents, engaging in intercorse or ora! se( "hether or not
the other person c!ear!y refses or does not have the *enta! or physica! abi!ity to consent. #e(a! assa!t does
not inc!de incidenta! toching n!ess it is f!agrant, prposef!, or repeated.
4. 4y his o"n description to 5ar6 #ervice and 74, investigators, #tdent 2 states that he engaged in
behavior that constittes se(a! assa!t according to the schoo! districtCs definition, even
thogh his state*ent contradicts accont and "hat he to!d the schoo! investigator, Mr.
Kaiser, *onths !ater. 'ven in this bogs story of consensa! se(, the assai!ant ad*its that
to!d hi* to stop three ti*es.
student1
student1
student1
@

0)5# Report3 .fter appro(i*ate!y 2 hors of !ying in bed and ta!6ing together, said she "anted to s!eep.
D#tdent 2E pt his hand or her sto*ach and started rbbing it. did not go to s!eep becase they 6ept
ta!6ing. D#tdent 2E then started Nfee!ing on herN and to!d hi*, nothing nder the s6in. He to!d she
needed to te!! hi* "hen she "anted hi* to stop. said she "o!d say 0the na*e of her boyfriend3 if
she "anted hi* to stop and D#tdent 2E agreed.
D#tdent 2E then pt his hand inside her first !ayer of c!othes and fe!t on her !egs. He then p!!ed do"n her first
!ayer of c!othes. When D#tdent 2E tried to go inside her bra, said 1 so he stopped for a "hi!e and
they 6ept ta!6ing. D#tdent 2E started 1fee!ing her2 again, then "ent inside her second !ayer of c!othes and
started fee!ing her !egs and btt, then he p!!ed do"n her !eggings. 8hey contined to ta!6 and 1fee! on2 each
other, and "as !aghing abot it. D#tdent 2E then p!!ed do"n her nder"ear and tried to 1finger2 her,
bt she said 1 so he "ent bac6 to rbbing her btt and sto*ach. D#tdent 2E then p!!ed do"n his t"o
!ayers of c!othing and too6 his 1thing2 ot. 8hey contined to fee! on each other and ta!6, and he rbbed 1it2
against her for a !itt!e "hi!e !onger.
as6ed "hat ti*e it "as so Dstdent 2E chec6ed and sa" that is "as appro(i*ate!y one in the *orning. He
then tried to pt NitN inside her and she said N so he "ent bac6 to rbbing NitN against her. got a N!itt!e
"et,N and as he rbbed against her, he as6ed if he sho!d stop and she said "hatever, and he thoght o6, and he
N6ind of pt it insider her.N .nd then they Mst Nro!!ed "ith it,N a!thogh he as6ed if he sho!d stop. He as6ed if it
fe!t good, and she ans"ered *aybe. 8hen he as6ed if she !i6ed it and she said *aybe. .nd then she did not say
anything and they 6ept going "ith it and she "as *oaning so he thoght, o6, she !i6es it. #o he 6ept going bt
"hen he s!ipped ot, she said, o6, thatOs enogh. #o he pt NitN a"ay and p!!ed p her !eggings and they !ay
do"n for a !itt!e bit !onger.
When as6ed for *ore detai! abot the type of se( they had, D#tdent 2E stated that he penetrated ana!!y.
He had tried to penetrate her vagina!!y, bt accidenta!!y "ent into the "rong ho!e. did not react, bt !ay
there and Otoo6 it,O so he contined to have se( "ith her ana!!y. D#tdent 2E started to ta!6 to her, and as6ed if
sho!d stop, bt she never said anything so he Mst O"ent ahead "ith it,O and then she started *oaning. 8he he
as6ed if she !i6ed it, and she *oaned, *aybe, and then he s!ipped ot and that is "hen she said, that is enogh,
"e need to stop.
&. accont of the se(a! enconter "ith #tdent 2 a!so describes behavior that constittes
se(a! assa!t nder the schoo! districtCs definition, and second and third degree rape nder
Washington #tate =a" 0R&W B..>>.0@03.
0 Morna! provided to her therapist3 4efore he even started toching *e, he as6ed *e to co*e p "ith a
code "ord. , to!d hi* the code "ord "o!d be 1 8hatCs "hen he started rbbing *y sto*ach and "hen he
got to *y breasts, , to!d hi* 1 8hen he said 1o6ay !etCs p!ay a different ga*e- red !ight green !ight. ,C* a
fire trc6. #ay red !ight "hen yo "ant *e to stop.2 He stro6ed *y breasts again and , said 1red !ight2 and then
he said 1fire trc6s donCt stop for red !ights2 and "renched p *y bra and p!!ed do"n *y !eggings and started
fingering *e. , to!d hi* 1 again, over and over, bt he 6ept fingering *e then he pshed his penis inside of
*e. 4y this ti*e , "as saying 1stop2 bt he ignored *e and 6ept going, then ana!!y. 8hatCs "hen , started crying.
$. 8he description by #tdent 2 of his se(a! activity "ith as stated in the Kaiser Report
differs significant!y fro* the description #tdent 2 origina!!y gave to the 5ar6 #ervice and 74,
investigators in )ove*ber, 2012.

'. #tdent 2 gave the 5ar6 #ervice and 74, investigators a fa!sified accont to spport his story of
consensa! se(, inc!ding a state*ent that contradicts forensic evidence.
student1
student1
student1 student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
boyfriend
boyfriend
boyfriend
boyfriend
boyfriend
boyfriend
boyfriend
+

0)5# Report3 When as6ed if he eMac!ated, Dstdent 2E stated that he did not eMac!ate, and that he "as positive
he did not eMac!ate and "as not c!ose to eMac!ating. When as6ed if they sed a condo*, Dstdent 2E stated that
it "as spr of the *o*ent and that the condo* he had "as bro6en.
0$octorCs e(a* report fro* O!y*pic Medica! &enter, 5ort .nge!es, 11K+K123 Wood !a*p e(a* is positive for
se*en on the pbic hair bi!atera!!y, and so*e strea6ing do"n to both sides of the rect*.
7. .ccont of the so?ca!!ed eye"itness, #tdent 3, is nre!iab!e becase it contains facta!
inaccracies and state*ents not corroborated by either #tdent 2 or 0for e(a*p!e,
#tdent 2 did not reca!! "hether #tdent 3 "as in the roo* "hi!e "as there, and neither
#tdent 2 nor stated that #tdent 2 !eft his roo* to go to the bathroo* "hi!e "as
there3.
0)5# Report, intervie" condcted 11K21K12, t"o "ee6s after assa!t3 On 8esday night, Dstdent 3E "ent into his
roo* and there "as a gir! in bed "ith Dstdent 2E. ,t "as after crfe", so Dstdent 3E gessed that she had snc6
into the boysO cabin. D#tdent 3E didnOt 6no" the gir! bt recogniLed her fro* the fie!d trip. 8he gir! "as short,
shorter that .gent #anders. #he *ight have been , "ith short hair Dnote- had !ong hairE.
8he gir! "as "earing Means and a "hite shirt. #he had been in the roo* "ith other peop!e on Monday and
8esday...
D#tdent 3E "as trying to go to s!eep. He co!d hear the gir! *oaning and so*e grnts. #he and D#tdent 2E "ere
Nc!ear!y having se(.N
D#tdent 2E got p to go to the bathroo*. 8he gir! shone a f!ash!ight on D#tdent 3E and as6ed if he "as a"a6e.
#he as6ed hi* if he thoght she and D#tdent 2E had been having se(. D#tdent 3E says "e!! yeah, yo "ere
*oaning. 8he gir! doesnOt "ant D#tdent 3E to te!! anyone becase she doesnOt "ant any r*ors spread. D#tdent
2E co*es bac6 in the roo* and a fe" *intes !ater the gir! !eaves.
D#tdent 3E has 6no"n D#tdent 2E for a !ong ti*e. 8hey have p!ayed together for years and are friends.
D#tdent 3E hasnCt seen or ta!6ed to D#tdent 2E since the trip.
D#tdent 3E spo6e "ith D#tdent 2E abot the incident at schoo!, after the fact, and to!d D#tdent 2E he had his
bac6 and that he 6ne" D#tdent 2E "o!d not do anything !i6e that to D#tdent 3E a!so to!d D#tdent 2E that
he "as in the roo* "ith hi* the entire night, and that he co!d voch that D#tdent 2E did not snea6 over to
roo*.
0Kaiser Report3 $ring this investigation, #tdent 2 to!d *e that he did not re*e*ber #tdent 3 retrning to the
roo*.
0 state*ent3 , "as na"are of anyone a"a6e in the cabin "hi!e D#tdent 2E raped *e. , "as never
*oaningPif , "as, then it "as in pain, and , "as crying as "e!!. He never got p to se the bathroo*. , never
shined a f!ash!ight in anyoneCs face 0"hat f!ash!ightQQ3 and , didnCt ta!6 to anyone after the assa!t e(cept
D#tdent 2E.

3. #choo! personne! "ere a"are of the se(a! assa!t on the *orning after it occrred.
.. infor*ed the science teachers of the rape Wednesday *orning, )ove*ber +. 8he science
teacher a!erted %H# principa! 8ed Ho"ard.
student1
student1
student1 student1
student1
student1
student1
student1
student1
student1
8
0)5# Report3 On )ove*ber +, 2012 at appro(i*ate!y 10:0, par6 dispatch received a report of a se(a! assa!t at
)atre4ridge inside O!y*pic )ationa! 5ar6.
DRanger KirschnerE contacted the reporting party, Heather #noo6a! by phone. #noo6a! is a teacher at %arfie!d
High #choo! fro* #eatt!e, Washington. Her c!ass "as on a fie!d trip to )atre4ridge. #noo6a! reported that a
fe*a!e stdent had been raped on the night of )ove*ber @, 2012. 8he victi* had to!d a friend, "ho reported
the assa!t to #noo6a!. #noo6a! confir*ed the report "ith the stdent, and then contacted
the %arfie!d High #choo! principa!, 8ed Ho"ard, and par6 dispatch.
0Kaiser Report3 D#noo6a!E first ca!!ed Mr. 8ed Ho"ard, "ho is the 5rincipa! of %arfie!d. Mr. Ho"ard to!d Ms.
#noo6a! to contact #tdent 1Cs 5arents and the )ationa! 5ar6 #ervice. Ms. #noo6a! agreed.
4. Other schoo! district personne! "ere notified of the rape the sa*e day.
0Ron 'ng!ish e*ai!, .pri! 1@3 8he parents, the 5ar6 Ranger, !oca! po!ice and 74, "ere a!! notified, as "e!! as the
principa!, "ho notified the e(ective director of schoo!s and #5# secrity.
>. "as har*ed as a res!t of the se(a! assa!t and its after*ath.
.. "as transported to the e*ergency roo* at O!y*pic Medica! &enter, 5ort .nge!es on
)ove*ber, +. #he "as acco*panied by Ms. 7in!ey 0not Ms. #noo6a! as
stated in the Kaiser Report3. 8he schoo! district "as a"are that received e*ergency roo*
treat*ent after the se(a! assa!t.
0Kaiser Report3 Whi!e the #tdents "ere retrning to #eatt!e, Ms. #noo6a! and a )atre 4ridge &onse!or too6
#tdent 1 D and #tdent : to O!y*pic Medica! &enter, "hich is in 5ort .nge!es.
0)5# Report3 agreed to go to O!y*pic Medica! &enter for an e(a*ination. #he "as concerned
abot H,; and #8$s. )atre 4ridge staff drove D#tdent >E, and teacher Rache! 5etri6?7in!ey to
the hospita!.
0Hospita! ,nta6e Report3 .rriva! to 'R- Means- 5;, Ho"- Wa!6ed, With Who*- 8eacher Rache! 7ine!y
)rsing $iagnosis- Rape 8ra*a #yndro*e
0$ischarge instrctions for O!y*pic Medica! &enter '*ergency $epart*ent, 11K+K123
Ro have been eva!ated today by 8ordini, .rthr, M.$. for the fo!!o"ing condition0s3- #e(a! assa!t.
Ro have had an e(a* today becase of a se(a! assa!t. 8he prpose of this e(a* is to-
7ind ot if yo have any inMries that need treat*ent
Offer treat*ent to prevent gonorrhea and ch!a*ydia infections 0co**on se(a!!y trans*itted
diseases3
Offer treat*ent to prevent H,; infection
Offer treat*ent to prevent pregnancy
.rrange for fo!!o"?p conse!!ing
&o!!ect speci*ens 0"hich "i!! be trned over to the !a" enforce*ent agency3
.ns"er any <estions that yo *ight have

student1
student1
student1
student1
student1
student1
student1
student1
B

4. "as in a distressed state in the e*ergency roo* and presented as so*eone "ho had
been raped.
0=etter fro* Rebecca Korby, rape victi* advocate and e(ective director of Happy 7a*i!ies, a &!a!!a* &onty
9nited Way agency3 When , arrived at the O!y*pic Medica! &enter e*ergency depart*ent , Moined Ms.
in her hospita! roo*. .fter introdcing *yse!f , infor*ed her she had a right to have *e or anyone of her
choice present throghot the entire intervie"Ke(a*ination process. #he opted for *e to stay "ith her. #he
"as nervos abot te!!ing *e "hat had occrred and "as very "e!co*ing of the spport and infor*ation abot
the process she "as e(periencing. #he "anted *e to be present "hi!e an O!y*pic )ationa! 5ar6 Ranger
intervie"ed her. 8hroghot the corse of the intervie" Ms. "as ada*ant abot refsing a rape
6it, "hich , nderstand she !ater agreed to. #he to!d *e she had been raped and she a!so presented as one "ho
had e(perienced a rape and "as distressed in her de*eanor. Ms. "as c!ear in her reco!!ection of
the assa!t and throghot the corse of the t"o hors , spent "ith her it "as c!ear she "as beco*ing
increasing!y distressed.
&. 8he after*ath of the rape nhinged and cast or fa*i!y into tr*oi!. ,n the days and
*onths fo!!o"ing the rape, sa" *edica! providers and therapists

student1
student1
student1
student1
student1
student1
student1
student1
student1
RCW42.56.360(2)
10
:.8he #choo! $istrict "as a"are that "as har*ed as a res!t of the )ove*ber se(a! assa!t.
..

&. 8he #choo! $istrict !ater pretends that it is not a"are of any connection bet"een the se(a!
assa!t on and the diagnosis of 58#$ by pediatrician that "as the *edica! basis
for her .
0Ron 'ng!ish e?*ai!, >K2+K20133 58#$ *edica! findings- 5!ease provide the *edica! records "hich spport this
a!!egation. Or :0> coordinator agreed to provide appropriate acco**odations based *ere!y on yor
state*ents that this "as the case. Her state*ent "as si*p!y to ac6no"!edge that regard!ess of the case of
yor daghterOs disabi!ity, she "as entit!ed to appropriate acco*odations. #he did not perfor* any
independent revie" or other"ise reach a conc!sion as to "hat happened on the trip.
0e?*ai! to Ron 'ng!ish, >K2+K20133 We to!d yo that schoo! district personne! <a!ified for

student1
student1
student1
student1
student1
student1
student1 student1
student1
student1
student1
student1
student1
student1
parent parent
RCW42.56.360(2)
FERPA
FERPA
FERPA
11

0Ron 'ng!ish e?*ai!, :K2K20133 With respect to the , "e re!ied direct!y on the !etter fro*
yor daghterCs pediatrician, "hich re<ests sch acco**odation "ithot stating the reasons. )o frther
ana!ysis "as condcted.
0e?*ai! to Ron 'ng!ish, :K>K20133 Regarding

$. 8he district granted a transfer to based on the Re<est for
.ssign*ents Re!ated .cco**odation 07or* :0>?113 that her parents sb*itted, and "hich
gave the reason that "as raped on the fie!d trip and that the assai!ant "as sti!! attending
%arfie!d.
0Re<est for .ssign*ent Re!ated .cco**odation, 12K2:K20123 1.

@. #choo! $istrict personne! botched and *is*anaged acco**odations for post?assa!t.
.. %arfie!d H# and schoo! district personne! provided contradictory and confsing infor*ation
regarding the and fina!!y stopped co**nicating, frstrating
or fa*i!yCs atte*pt to find the best edcation so!tion for

student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
FERPA
FERPA
FERPA
FERPA
FERPA
FERPA
12

student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
FERPA
13

student1
student1
student1
student1 student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
FERPA
1>

4.

student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
FERPA
FERPA
FERPA
1:

&.

+. With respect to the se(a! assa!t on the #choo! $istrict vio!ated state and federa! civi! rights
!a"s, specifica!!y 8it!e ,A of the 9# 'dcation .*end*ents of 1B+2 018it!e ,A23.
.. 8he #eatt!e #choo! $istrict receives federa! financia! assistance and is therefore prohibited fro*
discri*inating on the basis of se( by 8it!e ,A.

4. #e(a! harass*ent and se(a! vio!ence is a for* of se(a! discri*ination prohibited by federa!
and state civi! rights !a"s.
0e?*ai! fro* &a!andra #echrist, O#5,, .pri! 1:, 20133 #e(a! harass*ent of stdents, inc!ding acts of se(a!
vio!ence 0sch as rape, se(a! assa!t, se(a! battery, and se(a! coercion3 can be a for* of se( discri*ination
prohibited by state and federa! civi! rights !a"s, specifica!!y 8it!e ,A of the 'dcation .*end*ents of 1B+2 0often
referred to as 8it!e ,A3, chapter 28..@>0 of the Revised &ode of Washington 0R&W3, and chapter 3B2?1B0 of the
Washington .d*inistrative &ode 0W.&3. 8his inc!des condct in connection "ith any edcationa!,
e(tracrric!ar, ath!etic, or other progra*s sponsored by or operated by a schoo! district, inc!ding fie!d trips.
0$ear &o!!eage !etter3 #e(a! vio!ence is a for* of se(a! harass*ent prohibited by 8it!e ,A.
0$ear &o!!eage !etter3 8it!e ,A protects a stdent "ho is se(a!!y assa!ted by a fe!!o" stdent dring a schoo!?
sponsored fie!d trip.
&. 8it!e ,A ob!igates schoo! districts to ta6e pro*pt and appropriate action to investigate a!! reports
of se(a! vio!ence.
student1
student1
student1
student1
student1
student1
student1
FERPA
FERPA
FERPA
1@

0e?*ai! fro* &a!andra #echrist, O#5, attorney, .pri! 1:, 20133 9nder these !a"s, if a schoo! district 6no"s or
sho!d have 6no"n abot possib!e se(a! harass*ent of stdents 0inc!ding se(a! vio!ence3, it *st ta6e
pro*pt and appropriate action to investigate and deter*ine "hat happened. ,f the districtCs investigation finds
that se(a! harass*ent or se(a! vio!ence has occrred, the district *st ta6e pro*pt and effective steps to end
the se(a! harass*ent or se(a! vio!ence, prevent it fro* happening again, and address its effects on the
targeted stdents.
0$ear &o!!eage !etter3 ,f a schoo! 6no"s or reasonab!y sho!d 6no" abot stdent?on?stdent harass*ent that
creates a hosti!e environ*ent, 8it!e ,A re<ires the schoo! to ta6e i**ediate action to e!i*inate the
harass*ent, prevent its recrrence, and address its effects.
$. #choo! districts are responsib!e for carrying ot a pro*pt and e<itab!e investigation of any
report of se(a! vio!ence regard!ess of "hether the stdentCs parents have co*p!ained and
regard!ess of "hether the incident is nder cri*ina! investigation.
0e?*ai! fro* &a!andra #echrist, O#5,, .pri! 1:, 20133 8his is the schoo! districtCs responsibi!ity regard!ess of
"hether the stdent or hisKher parents have co*p!ained, as6ed the schoo! district to ta6e action, or identified
the behavior as a for* of discri*ination or se(a! harass*ent, and regard!ess of "hether the incident is the
sbMect of a cri*ina! investigation.
0$ear co!!eage !etter3 Regard!ess of "hether a harassed stdent, his or her parent, or a third party fi!es a
co*p!aint nder the schoo!Cs grievance procedres or other"ise re<ests action on the stdentCs beha!f, a
schoo! that 6no"s, or reasonab!y sho!d 6no", abot possib!e harass*ent *st pro*pt!y investigate to
deter*ine "hat occrred and then ta6e appropriate steps to reso!ve the sitation.
0$ear co!!eage !etter3 8he schoo!Cs 8it!e ,A investigation is different fro* any !a" enforce*ent investigation,
and a !a" enforce*ent investigation does not re!ieve the schoo! of its independent 8it!e ,A ob!igation to
investigate the condct.
0$ear &o!!eage !etter3 5o!ice investigations *ay be sef! for fact?gatheringJ bt becase the standards for
cri*ina! investigations are different, po!ice investigations or reports are not deter*inative of "hether se(a!
harass*ent or vio!ence vio!ates 8it!e ,A. &ondct *ay constitte n!a"f! se(a! harass*ent nder 8it!e ,A even
if the po!ice do not have sfficient evidence of a cri*ina! vio!ation. ,n addition, a cri*ina! investigation into
a!!egations of se(a! vio!ence does not re!ieve the schoo! of its dty nder 8it!e ,A to reso!ve co*p!aints
pro*pt!y and e<itab!y.
0$ear &o!!eage !etter3 #choo!s sho!d not "ait for the conc!sion of a cri*ina! investigation or cri*ina!
proceeding to begin their o"n 8it!e ,A investigation and, if needed, *st ta6e i**ediate steps to protect the
stdent in the edcationa! setting. 7or e(a*p!e, a schoo! sho!d not de!ay condcting its o"n investigation or
ta6ing steps to protect the co*p!ainant becase it "ants to see "hether the a!!eged perpetrator "i!! be fond
gi!ty of a cri*e.
'. 8he schoo! district vio!ated civi! rights nder 8it!e ,A becase it fai!ed to condct a
pro*pt and e<itab!e investigation of the se(a! assa!t on and rationa!iLed their refsa!
to do so becase they "ere not a"are that a federa! investigation had been co*p!eted.
0Ron 'ng!ish e?*ai!, .pri! :, 20133 ,t is the $istrictCs practice to refrain fro* initiating an independent
investigation "hen !a" enforce*ent is condcting a cri*ina! investigation into an incident invo!ving $istrict
stdents or staff.
student1
student1
1+

0Ron 'ng!ish e?*ai!, .pri! +, 20133 We are prepared to investigate the incident. .s previos!y stated, "e "aited,
at the 74,Os re<est, nti! the federa! athorities co*p!eted their investigation. 9nti! , received yor !etter of
March 18, , "as not a"are they co*p!eted their "or6 so*e ti*e ago, as they did not te!! s.
7. ,n *id?.pri!, *ore than five *onths after the se(a! assa!t, O#5, notifies the schoo! district of
its ob!igations nder 8it!e ,A to condct a pro*pt and e<itab!e investigation of se(a! vio!ence
occrring on a schoo! fie!d trip.
0e?*ai! fro* &a!andra #echrist, O#5,, .pri! 1:, 20133 , have shared this infor*ation "ith Ron 'ng!ish, %enera!
&onse! at #eatt!e #choo! $istrict.
%. 9pon !earning of its 8it!e ,A ob!igations for the first ti*e, the schoo! district reverses itse!f and
no" c!ai*s that it did condct an independent investigation.
0Ron 'ng!ish e?*ai!, .pri! 23, 20133 8he $istrict has a!ready investigated and ncovered considerab!e
infor*ation abot the events that too6 p!ace.
0e?*ai! to Ron 'ng!ish, /!y 8, 20133 7irst yo te!! s that it is the districtCs !ong?standing practice not to
nderta6e an independent investigation concrrent!y "ith a cri*ina! investigation condcted by !a"
enforce*ent. )o" yo te!! s that the district did indeed carry ot 1investigative "or62 by having staff observe
a fe" intervie"s condcted by the athorities in )ove*ber, even thogh yo didnCt te!! s of yor 1findings2
nti! .pri!. Which is it, Mr. 'ng!ishQ
H. 8he districtCs so?ca!!ed independent investigation consisted of one teacherCs second?hand report
of a cop!e of intervie"s she observed. 8he teacher did not as6 <estions. ,n addition, the
teacher did not observe the 74, intervie"s "ith or "ith the assai!ant. 8herefore the
districtCs so?ca!!ed investigation "as neither e<itab!e nor sbstantive. ,n addition the district
never infor*ed s of the findings of its so?ca!!ed investigation nti! .pri! 2013.
0Ron 'ng!ish e?*ai!, .pri! 1@, 20133 8he teacher observed so*e of the intervie"s.
0Ron 'ng!ish e?*ai!, .pri! 1@, 20133 , a* ab!e to te!! yo "hat "e have !earned fro* or conversations "ith the
federa! athorities as "e!! as ta!6ing to the teacher in charge of the fie!d trip.
0Ron 'ng!ish e?*ai!, .pri! 23, 20133 8he teacher "as present dring the initia! intervie"s of the stdents and
chaperones, and has reported "hat she heard.
0e?*ai! to Ron 'ng!ish, .pri! 28, 20133 Ro te!! s that the teacher observed so*e intervie"s condcted by
federa! investigators of stdents and chaperones. 8hese intervie"s too6 p!ace in )ove*ber. ,t is a!*ost May
and yo are Mst no" te!!ing s abot the state*ents she heard si( *onths ago.
,. 8he district e*ergency e(c!ded the assai!ant fro* attending schoo! for 10 days in )ove*ber
2012 bt did not infor* s of this action nti! .pri! 1@, 2013. On May B, 2013 the district states
that it did not 6no" "hy the assai!ant "as e*ergency e(c!ded.
0Ron 'ng!ish e?*ai!, .pri! 1@, 20133 8he *a!e stdent "as e*ergency e(c!ded fro* schoo!.
0e?*ai! to Ron 'ng!ish e?*ai!, .pri! 28, 20133 Ro have no" to!d s that the stdent "ho ad*itted to having
Nconsensa! se(N "ith "as discip!ined for his actions.
student1
student1
18

0Ron 'ng!ish e?*ai!, May 2, 20133 With respect to discip!ine of the other stdent, an 1e*ergency e(c!sion2 is
not discip!ine. ,t is sed to re*ove a stdent fro* schoo! if he presents a danger to hi*se!f other others. ,t is
not a deter*ination that he did or did not do anything "rong.
0e?*ai! to Ron 'ng!ish e?*ai!, May >, 20133 Ro said that the perpetrator of the se(a! assa!t "as not
discip!ined. ,nstead he "as re*oved fro* the schoo! becase he presented a danger to hi*se!f or others. #ince
he c!ai*ed that he had Nconsensa! se(N "ith in "hat "ay "as he a danger to hi*se!f or othersQ
0Ron 'ng!ish e?*ai!, May B, 20133 Regarding e(c!sion of the *a!e stdent, , do not crrent!y 6no" the basis for
the action.
/. 8he schoo! district denied her civi! rights nder 8it!e ,A becase the district fai!ed to-
)otify s abot "hether the perpetrator "as attending schoo!, "hich affected or
fa*i!yCs abi!ity to *a6e infor*ed decisions abot her edcationa! options
,nfor* s ho" it p!anned to contro! a hosti!e environ*ent at %arfie!d H#, thereby

!i*iting edcationa! options
'(p!ain to s rights nder 8it!e ,A
&ondct a pro*pt and e<itab!e investigation
Reach ot to provide resorces to

0$ear &o!!eage !etter3 8he schoo! a!so sho!d te!! the co*p!ainant that 8it!e ,A prohibits reta!iation, and that
schoo! officia!s "i!! not on!y ta6e steps to prevent reta!iation bt a!so ta6e strong responsive action if it occrs.
4ecase seeing the perpetrator *ay be tra*atic, a co*p!ainant in a se(a! harass*ent case *ay contine to
be sbMect to a hosti!e environ*ent if he or she does not 6no" "hen the perpetrator "i!! retrn to schoo! or
"hether he or she "i!! contine to share c!asses or a residence ha!! "ith the perpetrator. 8his infor*ation a!so
direct!y affects a co*p!ainantCs decision regarding ho" to "or6 "ith the schoo! to e!i*inate the hosti!e
environ*ent and prevent its recrrence.
8it!e ,A re<ires a schoo! to ta6e steps to protect the co*p!ainant as necessary, inc!ding ta6ing interi* steps
before the fina! otco*e of the investigation. 8he schoo! sho!d nderta6e these steps pro*pt!y once it has
notice of a se(a! harass*ent or vio!ence a!!egation.
When ta6ing steps to separate the co*p!ainant and a!!eged perpetrator, a schoo! sho!d *ini*iLe the brden
on the co*p!ainant, and ths sho!d not, as a *atter of corse, re*ove co*p!ainants fro* c!asses or hosing
"hi!e a!!o"ing a!!eged perpetrators to re*ain. ,n addition, schoo!s sho!d ensre that co*p!ainants are a"are
of their 8it!e ,A rights and any avai!ab!e resorces, sch as conse!ing, hea!th, and *enta! hea!th services, and
their right to fi!e a co*p!aint "ith !oca! !a" enforce*ent.
K. ,n /!y 2013, eight *onths after the assa!t, the schoo! district c!ai*s that it did indeed co*p!y
"ith 8it!e ,A reg!ations "ithot providing any proof that it did so.
0Ron 'ng!ish e?*ai!, /!y 3, 20133 ,**ediate!y pon yor daghter *a6ing her a!!egations, the schoo! staff
responded by contacting *edica! and cri*ina! athorities. Ro "ere a!so contacted. #taff observed the initia!
intervie"s of yor daghter and other stdents. 8he *a!e stdent invo!ved asserted that the se( "as
consensa!. )onethe!ess, he "as e(c!ded fro* schoo!, "hich "o!d have per*itted yor daghter to
i**ediate!y retrn to schoo! if she chose.
,n the conte(t of the above facts "e do not agree that there are 1*andatory 8it!e ,A procedres2 that the
$istrict did not i*p!e*ent. 8o the contrary, the $istrict too6 pro*pt steps to address the sitation and prevent
a reoccrrence. ,t is nfortnate that it has ta6en this !ong for the !atest investigator to prepare a "ritten
student1
student1
student1
student1
student1
1B

report, bt "e do not be!ieve this had any effect on the res!ts of the investigation or, *ore i*portant!y, on the
care and "e!!?being of yor daghter.
0e?*ai! to Ron 'ng!ish, /!y 8, 20133 Why "erenCt "e infor*ed at the ti*e that the assai!ant "as e*ergency
e(c!dedQ We on!y !earned he "as e*ergency e(c!ded fro* schoo! "hen yo to!d s in .pri!. We sho!d have
been to!d i**ediate!y, at the ti*e he "as e(c!ded, as re<ired by 8it!e ,A. 8he principa! refsed to te!! s in
)ove*ber of any sanction app!ied to the assai!ant. ,f no one to!d s at the ti*e the assai!ant had been e(c!ded,
ho" co!d or daghter retrn to schoo! as yo said she co!d haveQ 8his "as the ti*e for the 8it!e ,A officer
and the safety depart*ent to faci!itate or daghterCs retrn to schoo!. )o one infor*ed s of these services.
.fter Mr. Ho"ard refsed to co**nicate "ith s abot these sanctions, he "rote that "e sho!d address or
concerns to the 5ar6 #erviceP"hich !ac6ed any Mrisdiction over the schoo! environ*entG
,n the conte(t of "hat facts, Mr. 'ng!ishQ Whenever a se(a! assa!t is reported, the district M9#8 i**ediate!y
i*p!e*ent 8it!e ,A procedres. 8his is the first ti*e "e have heard that the district 1too6 pro*pt steps to
address the sitation and prevent a reoccrrence.2 '(act!y "hat "ere the 1pro*pt steps2 the district too6 to
address the sitationQ We havenCt seen any. What 1sitation2 did the district addressQ Ho" do those steps
prevent a reoccrrenceQ .nd a reoccrrence of "hat, e(act!yQ ,f yo indeed too6 these steps, "hy have yo not
reported the* to s as re<ired by 8it!e ,AQ

&onc!sion
7ro* the otset of this devastating series of events, the #eatt!e #choo! $istrict has fai!ed at every trn in
its !ega! and ethica! responsibi!ities to or daghter and or fa*i!y.
8he eco!ogy c!ass fie!dtrip to )atre4ridge in )ove*ber "as inco*petent!y *anaged fro* its inception
and ineffecta!!y chaperoned. 8he chaperones and the teachers had not read the schoo! district
gide!ines for fie!d trips and "ere therefore na"are of their responsibi!ities described therein. 8he
chaperones and teachers a!so fai!ed to enforce the )atre4ridge code of condct inc!ded in the
chaperoning agree*ent. 8he chaperones, by their o"n ad*ission, "ere nab!e to contro! the after?
crfe" activities of the stdents, a!!o"ing gir!s and boys to co*ing!e nspervised, creating an nsafe
environ*ent, especia!!y considering that the district 6ne" that the assai!ant had previos!y been
discip!ined for se(a! *iscondct on schoo! property. .!thogh the chaperones ac6no"!edged being
nab!e to contro! the stdents after crfe" the first night, they too6 no action to correct the prob!e*
the second night, "hen the rape occrred, nor did they enforce )atre4ridge r!es by ad*inistering
conse<ences to r!e vio!ators.
8he district "as infor*ed of the rape the ne(t *orning and 6ne" that "as treated for se(a!
assa!t at the O!y*pic Medica! &enter in 5ort .nge!es the sa*e day. ,t 6ne" that "as har*ed by
the se(a! assa!t becase in $ece*ber it granted her acco**odations
based on the diagnosis of 58#$ provided by pediatrician, even thogh the district !ater
pretended not to be a"are of any connection bet"een the *edica! basis for the acco**odations and
the se(a! assa!t. ,t a!so granted her a transfer to another schoo! on the basis of se(a! assa!t. ,n
addition, schoo! district personne! presented or fa*i!y "ith confsing and contradictory e(p!anations
of acco**odations for and fina!!y ceased co**nicating "ith s abot it. .!! the "hi!e
continity of edcation "as gro"ing *ore i*peri!ed a!ong "ith her dec!ining *enta! hea!th.
student1
student1
student1
student1
student1
FERPA
20

9nder 8it!e ,A the schoo! district has an ob!igation to e(tend to a!! of its stdents protection fro* se(a!
vio!ence. 8he p!ain trth is that the #eatt!e #choo! $istrict, inc!ding its 8it!e ,A co*p!iance officer, "as
co*p!ete!y ignorant of its 8it!e ,A ob!igations to"ards in the after*ath of the rape. ,t did not
condct the re<ired 1pro*pt and e<itab!e2 investigation becase it offered the e(cse that a federa!
investigation "as ongoing, it fai!ed to infor* s of the sanctions it app!ied against the perpetrator, it
fai!ed to ta6e steps to defse a hosti!e environ*ent at %arfie!d so co!d potentia!!y retrn there, it
fai!ed to infor* s of 8it!e ,A rights, and it fai!ed to ta6e pro*pt actions to correct its po!icies
that !ead to the assa!t in the first p!ace. ,nstead, the district "as first and fore*ost concerned abot its
potentia! !iabi!ity, infor*ing s *ore than once that it 1does not ac6no"!edge that a se(a! assa!t
occrred or, if it did, that the $istrict is at fa!t.2
,t "as not nti! "e esca!ated or co*p!aint to O#5, in .pri!, 2013, that the district !earned of its 8it!e ,A
ob!igations throgh the O#5, Office of &ivi! Rights. 8hereafter, the district atte*pted to c!ai* after the
fact that it had indeed co*p!ied "ith 8it!e ,A reg!ations. ,t reversed itse!f and asserted it did condct a
sbstantive investigation in )ove*ber 2012, "hich consisted of the teacher observing a cop!e of
intervie"s by !a" enforce*ent, bt "hich did not inc!de observing or participating in the 74, intervie"s
"ith or the assai!ant. Ret the district did not even infor* s of the findings of this so?ca!!ed
investigation nti! .pri! 2013. Once "e e(p!ained to the district "hy this 1investigation2 "as inade<ate,
it decided 1after frther consideration2 to condct its o"n independent investigation, beginning in May,
2013, si( *onths after the assa!t. 8he district a!so asserted in /!y, eight *onths post assa!t, that it did
indeed ta6e nspecified *easres to 1address the sitation and prevent a reoccrrence,2 even thogh it
provided s no proof of sch actions.
'ven no" the schoo! district fai!s to grasp that it vio!ated civi! rights nder 8it!e ,A. 8he district
appears to be!ieve that if, as a res!t of its be!ated investigation, it deter*ines that there "as no se(a!
assa!t, then it has retroactive!y abso!ved itse!f of its fai!re to i*p!e*ent its 8it!e ,A ob!igations as soon
as it !earned of the rape !ast )ove*ber. &!ear!y the district has fai!ed to *a6e a ti*e!y deter*ination.
8he har* to *enta! and e*otiona! hea!th, socia! !ife, and edcationa! continity has a!ready
occrred o"ing to the !ac6 of a pro*pt and e<itab!e investigation and the districtCs fai!re to ta6e
i**ediate re*edia! action. ,ndeed the de!ay in co*p!ying "ith the 8it!e ,A directives has severe!y
redced the !i6e!ihood of the schoo! district ever obtaining an nbiased acconting of the events !ast
)ove*ber, given the no" entrenched fo!6!ore at %arfie!d H# that so*eho" concocted a rape
story to fra*e the assai!ant.
!ife has spn ot of contro! ever since the se(a! assa!t. Her high schoo! edcation has been
severe!y co*pro*ised. )o one in the schoo! district has been he!d accontab!e for this state of affairs,
and the district appears to be entire!y satisfied "ith this otco*e.
student1
student1
student1
student1
student1
student1
student1
student1
Kaiser Report 'rrors and O*issions
We have revie"ed Mr. KaiserCs draft investigative report 01R'5OR823 and sb*it the fo!!o"ing co**ents.
co**ents are ta6en fro* her response to the assai!antCs story fond in the $oc*ent ,nventory 1,nfor*ation
fro* abot Rape2 05$7 F23.
R'5OR8 0page n*bers are in parentheses3 &o**ents
013 1Re- #tdent 1 v. #eatt!e 5b!ic #choo!s2 .s of the date of the R'5OR8, or fa*i!y has not fi!ed
!ega! action against #eatt!e 5b!ic #choo!s. 1#tdent 1 v.
#eatt!e 5b!ic #choo!s2 sggests that a !ega! co*p!aint has
been fi!ed against the schoo! district.
013 1Ro retained *e to investigate part of a
&o*p!aint against a 10
th
%rade #tdent na*ed
#tdent 2, "ho is enro!!ed at %arfie!d High #choo!. ,n
the &o*p!aint, the 5arents of a #tdent na*ed
#tdent 1 D a!!eged that #tdent 2 raped
#tdent 1 "hen they attended an overnight fie!d trip
at O!y*pic )ationa! 5ar6 in )ove*ber 2012.2
Or co*p!aint dated March 18, 2013 does not na*e
#tdent 2 as the assai!ant. 8he co*p!aint "as not 1against
#tdent 2.2 8he R'5OR8 is "rong on this point. ,n the
co*p!aint "e as6ed 1Why "as spervision so !a( dring
the fie!dtrip that gir!s and boys "ere a!!o"ed to go into
each otherCs cabins after crfe"Q2 8he R'5OR8 does not
ans"er this <estion.
013 1, for*a!!y intervie"ed the fo!!o"ing peop!e on
the specified dates.2
R'5OR8 does not state ho" the intervie"s "ere
condcted 0"hether in person or on the phone3, "here
the intervie"s too6 p!ace, "hether others "ere present
dring the intervie"s, and "hether the intervie"s "ere
recorded and !ater transcribed.

R'5OR8 does not e(p!ain "hy these partic!ar stdents
0besides #tdent 23 "ere intervie"ed.
013 13. Ms. Rache! 5etric6?7in!ey , #cience and
'co!ogy 8eacher, %arfie!d High #choo!, #eatt!e 5b!ic
#choo!s 0:KBK1332

033 ,nvestigative 5rocedreP$oc*ents Revie"ed
1+. #tdent 2Cs 0Re!evant3 $iscip!ine Records2
R'5OR8 does not e(p!ain ho" it "as deter*ined "hich of
#tdent 2Cs discip!inary records "ere 1re!evant2Q
033 1, atte*pted to revie" #tdent 1Cs D
*edica! records and other spporting doc*entation
regarding her a!!eged rape. $espite *y re<est,
#tdent 1Cs 5arents did not provide the* to *e.2
R'5OR8 does not e(p!ain "hy "e did not provide sch
doc*entation. ,n or *essage to Mr. Kaiser of May 10,
"e state-
1We are a!so bond to respect the privacy !a"s
governing *edica! records and the
investigation reports, and are see6ing gidance
regarding the i*p!ications of disc!osing this
*ateria! to others.2
R'5OR8 doc*ents "hy the )ationa! 5ar6 #ervice
dec!ined to provide its report to the investigator, bt does
not doc*ent "hy "e dec!ined to provide
*edica! records.
student1
student1
student1
student1
student1
student1
2

03?>3 #ection ,,, . 1 8he $istrictCs 7ie!d 8rip
5rocedres- 18he $istrictCs 7ie!d 8rip 5rocedres
govern this *atter. 8hey provide in re!evant partH2

R'5OR8 o*its these re!evant parts of the #5# 7ie!d 8rip
5rocedres-
$. #pervision 0chaperone se!ection3 11. #pervise
stdents at a!! ti*es. 'nsre spervision of stdents by an
ad!t at a!! ti*esH.$eter*ine "hat is ade<ate
spervision dring overnight stays.2

,. #tdent preparation and chaperone training
1:. &haperone responsibi!ities and training
a. 5roper spervisionH
i. 5resence and attentiveness. 4eing
"ith stdents at a!! ti*es and 6eeping
stdents easi!y in sight. 0,f one of the
chaperones cannot see the stdents,
the stdents are not being proper!y
spervised.3 )ot beco*ing distracted
fro* dties.

ii. #tdent behavior *onitoring and
intervention. 4eing 6no"!edgeab!e of
and consistent!y enforcing schoo! r!es
and po!icies. Restricting stdents fro*
!eaving the grop, roghhosing,
horsep!ay, or other inappropriate
behavior. 8a6ing appropriate action
"hen r!es are not fo!!o"ed or a
stdent is in danger.2
0>3 #ection ,,, . 2 1,n a doc*ent entit!ed S#tdent
Rights and Responsibi!ities,C the $istrict pts its
#tdents on notice of nacceptab!e behavior.
S#tdent Rights and Responsibi!itiesC sets forth the
r!es and reg!ations of #eatt!e 5b!ic #choo!s
regarding stdent condct, discip!ine, and rights and
responsibi!ities. Within this doc*ent, the $istrict
en*erates gide!ines entit!ed S#tandard $iscip!ine
for '(ceptiona! Miscondct.C 8hese gide!ines a!so
govern this *atter.2
R'5OR8 e(cerpts the pena!ties for nacceptab!e behavior
for '?21: #e(a! .ssa!t and '?B20 =e"d &ondct, bt
o*its ho" these offenses are defined in the 1#tdent
Rights and Responsibi!ities2 doc*ent-
#e(a! .ssa!t- 1#e(a! assa!t inc!des
n"anted toching or grabbing of se(a! parts,
indecent e(posre, sing force to engage in
intercorse, ora! se(, or other se(a! contact,
Gpantsing behavior by other than e!e*entary?
age stdents, engaging in intercorse or ora! se(
"hether or not the other person c!ear!y refses
or does not have the *enta! or physica! abi!ity to
consent. #e(a! assa!t does not inc!de
incidenta! toching n!ess it is f!agrant,
prposef!, or repeated.2

=e"d &ondct- 1'ngaging in inappropriate se(a!
or socia! behavior, sch as se(a! acts, either
sing!y or consensa!!y "ith another person,
inc!ding, bt not !i*ited to, se(a! intercorse,
ora! se(, se(a! toching, indecent e(posre, or
voyeris*.2
0:3 4. #epte*ber?October 2012- $istrict #taff
5repare for the 7ie!d 8rip
R'5OR8 o*its any doc*entation that chaperone
bac6grond chec6s "ere perfor*ed. 8he co*p!ete trip
3

18he $istrict pro*!gates a chec6!ist for an overnight
fie!d trip. On #epte*ber 21, 2012, Ms. #noo6a! began
co*p!eting the tas6s on this chec6!ist. .s re!evant
here, the chec6!ist re<ired Ms. #noo6a! to faci!itate
the bac6grond chec6s of any &haperones going on
the fie!d trip. #ee '(hibit 7 0&hec6!ist3.2
preparation doc*ents provided to s by the #eatt!e
#choo! $istrict do not !ist the *a!e chaperone, )ic6 Ward,
and fe*a!e chaperone, #he!!y #tro*ho!t, as designated
chaperones. 8he sa*e doc*entation does not sho" that
)ic6 Ward and #he!!y #tro*ho!t co*p!eted the #eatt!e
5b!ic #choo!s #creening 7or* Re<est for &ri*ina!
History ,nfor*ation, as re<ired by Washington #tate !a".
R'5OR8 does not *ention that Ward and #tro*ho!t "ere
added as napproved chaperones after %arfie!d H#
ad*inistration had signed off on the fie!d trip preparation
doc*ents.
R'5OR8 does not *ention that the principa! athoriLed
the trip "ithot a sing!e *a!e chaperone for the 1> boys.
R'5OR8 does not *ention that the principa! athoriLed
the trip "ithot re<ired per*ission s!ipsKdoc*entation
and fai!ed to *eet chec6!ist dead!ines.
0:3 1Ho"ever, the chec6!ist does not reference the
$istrictCs 7ie!d 8rip 5rocedres. $ring this
investigation, , sho"ed Ms. #noo6a! the re!evant
e(cerpt of these gide!ines. #he indicated that she
had not previos!y seen these procedres or sho"n
the* to Ms. 7in!ey or any of the &haperones "ho
"ent on the fie!d trip.2
R'5OR8 does not *ention that Ward and #tro*ho!t had
not read and signed the re<ired #5# doc*ent,
1%ide!ines for ;o!nteer 7ie!d 8rip &haperones.2 8hese
%ide!ines state in part-
1>. #tdent behavior is yor responsibi!ity.
#choo! r!es re!ated to stdent behavior app!y.
%o over r!es and standards of behavior, safety
r!es, and any site specific r!es "ith stdents.
'nsre that stdents do not get invo!ved in any
e(tra activities not pre?approved by
ad*inistrators and parents.2

0:3 1$ring this investigation, none of the &haperones
indicated that they had previos!y seen the $istrictCs
7ie!d 8rip 5rocedres.2
R'5OR8 does not doc*ent "hether a!! of the
chaperones had signed the re<ired #5# doc*ent
1%ide!ines for ;o!nteer 7ie!d 8rip &haperones.2
Report does not de*onstrate that chaperones signed the
re<ired )atre4ridge chaperone agree*ents.
0:3 &. #taff Kno"!edge abot #tdent 1 and #tdent 2
1Ms. a!so thoght that #tdent 1 and #tdent 2
"ere c!ose. #he observed the* sitting together in
her c!assroo* and acta!!y thoght they "ere dating.
Ms. *ade that conc!sion becase she
periodica!!y sa" #tdent 1 pt her head on #tdent
2Cs sho!der "hi!e they ta!6ed <iet!y. #he a!so sa"
#tdent 2 and #tdent 1 ho!ding hands in c!ass.2
Ms. ass*es that and #tdent 2 "ere dating
even thogh introdced Ms. to her
boyfriend, "ho reg!ar!y acco*panied to Ms.
Cs c!assroo*.

says- 1Ho" co!d "e be datingQQ $idnCt have any
contact e(cept for the occasiona! hg. )ever he!d hands.
$idnCt !ean *y head on his sho!der.2
0@3 7ootnote 3- 1Mr. Kenneth &ortney is a #choo!
&onse!or at %arfie!d. #tdent 1 D "as on his
case!oad. .ccording to Mr. &ortney, #tdent 1
enro!!ed at %arfie!d in )ove*ber 2011. Mr. &ortney
sbse<ent!y !earned fro* a secondhand accont
that #tdent 1 had previos!y attended
, "hich is High #choo! in
#eatt!e. Mr. &ortney a!so !earned that
a!!eged!y as6ed #tdent 1 to "ithdra" after she
reported having sicida! thoghts and "anted to hrt
R'5OR8 presents the co**ents of Mr. &ortney even
thogh they are-
1. Hearsay
2. 7acta!!y inaccrate
3. ,rre!evant
R'5OR8 sbstantiates previos discip!inary action against
#tdent 2, bt provides no evidence to sbstantiate Mr.
&ortneyCs a!!egations or e(p!ain their re!evance to the
events nder investigation. ,s it the investigatorCs intent to
atte*pt to discredit
student1
student1
student1
student1
student1
student1
rrrrrrend
>

or ct herse!f. ,n contrast, this is not the first ti*e
that the $istrict has discip!ined #tdent 2 for
engaging in !e"d condct. On October 30, 2010, the
$istrict gave #tdent 2 a ten?day sspension after he
and a fe*a!e #tdent "ere discovered having se(a!
intercorse on schoo! property dring their !nch
period.2
0@3 $. #tdent Kno"!edge abot #tdent 1 and
#tdent 2.
1. #tdent na*ed #tdent > and #tdent 2 "ere
good friends. #tdent > thoght that #tdent 1 !i6ed
#tdent 2 becase of her body !angage to"ard hi*
and becase she periodica!!y hgged hi* dring
'co!ogy &!ass. Ho"ever, #tdent > a!so 6ne" #tdent
1 had another boyfriend.2
says- 1D#tdent >E and D#tdent 2E "ere good
friendsPthey f!irted a ton. , on!y had one boyfriendP
never *ore. 1.nother2 i*p!ies *ore than one. , never
f!irted "ith D#tdent 2EPMst he!ped hi* "ith his
ho*e"or6.2
0@3 1Ms. #noo6a! and the )atre 4ridge #taff directed
the #tdents to their respective cabins, "hich "ere
ne(t to each other on the )atre 4ridge property.2

.ccording to )atre 4ridge staff, the gir!s s!ept in the
Orchid &abin and the boys s!ept in the adMacent &rescent
&abin.
0@?+3 7or obvios reasons, Ms. #noo6a! and the
)atre 4ridge #taff deter*ined that the *a!e and
fe*a!e #tdents "o!d s!eep in separate cabins. Ms.
#noo6a! a!so directed that Mr. Ward "o!d s!eep by
hi*se!f in one of the roo*s in the *a!e #tdentsC
cabin. Ms. #noo6a! si*i!ar!y directed that Ms. .rno!d
and Ms. #tro*ho!t "o!d s!eep in one of the roo*s in
the fe*a!e #tdentsC cabin. Ms. #noo6a! and Ms.
7in!ey opted to s!eep in a separate cabin that "as not
adMacent to either of the #tdentsC cabins.2
R'5OR8 does not *ention that )ic6 Ward "as so!e!y in
charge of the 1> boys s!eeping in the *a!e stdentsC cabin
0&rescent3.

R'5OR8 does not identify the cabin or cabins in "hich the
teachers stayed. We nderstand that the teachers stayed
in a cabin or cabins 0Honeysc6!e and #**erie3. 8hese
cabins are distant fro* the stdentsC cabins, and ot of
!ine of site, according to the )atre 4ridge *ap. 8he
R'5OR8 does not say "hether the teachers co!d see or
hear "hat the stdents "ere doing fro* their cabins.
R'5OR8 fai!s to *ention that the teachers broght their
s*a!! chi!dren "ith the* and does not state "hether they
"ere athoriLed to do so.
0+3 18hey a!so to!d the #tdents that they e(pected
the* to re*ain in their o"n cabins after S!ights ot,C
"hich "as at 10-00 5M. #he to!d the #tdents, S.t
ten oCc!oc6, "e sho!d not be as6ing yo to do
anything. Ro sho!d be as!eep.C2
8he R'5OR8 does not *ention "hether the teachers
infor*ed the stdents of any conse<ences of fai!ing to
abide by the crfe".
0+3 1Mr. Ward strgg!ed to ensre everyone "as
present and acconted for, becase #tdents 6ept
!eaving the cabin nder the pretense of sing the
restroo*. 'venta!!y, Mr. Ward to!d the #tdents to
be <iet and then "ent to his roo*. He 6ept the
door open for ten to fifteen *intes. .t 11-00 5M,
Mr. Ward to!d the #tdents that he "as going to
s!eep. He then sht his door and "ent to s!eep.2
Mr. Ward ad*its that he had diffic!ty e(ecting his
chaperone dties. 8he investigator does not as6 Ward
ho" he p!anned to enforce the !ights ot r!e. 8he
R'5OR8 does not say "hat Mr. Ward did abot the
prob!e* of enforcing crfe", or "hether he infor*ed the
teachers or )atre4ridge of the prob!e*s he e(perienced
"hen atte*pting to contro! the stdents. &haperones did
not enforce the )atre4ridge code of condct, "hich the
stdents "ere re<ired to sign.
0+3 7ootnote :- 1#tdent 2 and #tdent 3 shared their
roo* "ith t"o other #tdents na*ed #tdent + and
#tdent 8.2
,nvestigator does not e(p!ain "hy he did not intervie"
#tdent + and #tdent 8. Of the for stdents
intervie"ed, #tdent 3 and #tdent > identify the*se!ves
as c!ose friends of #tdent 2.
student1
:

083 1.t !ights ot, the fe*a!e #tdents began
approaching Ms. .rno!d and as6ing for per*ission to
se the restroo*. Ms. .rno!d did not reg!ate any of
these forays and did not ensre that each of the
#tdents pro*pt!y retrned fro* the restroo*.2
Ms. .rno!d ad*its she "as not ab!e to ensre that the
fe*a!e stdents retrned pro*pt!y fro* the restroo*.
8he investigator does not as6 Ms. .rno!d ho" she coped
"ith this sitation, or "hether she infor*ed the teachers
or )atre4ridge staff of the diffic!ty she "as
e(periencing contro!!ing the gir!sC nightti*e forays.
083 1.ccording to #tdent :, #tdent 1 D
c!i*bed ot of her bedroo* "indo" after !ights ot
DMonday nightE. One to t"o hors !ater, #tdent 1
retrned throgh the cabin door. #tdent 1
sbse<ent!y to!d #tdent : that she and #tdent 2
hng ot on his bed. #tdent 1 did not disc!ose that
any se(a! condct occrred on this visit.2
says- 1, did not visit D#tdent 2E on Monday night. ,
"as fast as!eep in *y cabin the "ho!e night !ong.2

#tdent 2 a!so states that did not visit hi* on the
first night.

&o*pare to #tdent 2Cs accont given to the 5ar6 #ervice
investigator in )ove*ber-
1On Monday night, had a!so co*e to
D#tdent 2OsE roo* after crfe" and spent ti*e
"ith hi* in his bed ta!6ing fro* abot 11-00 p*
to 3-00 a*. 8hey never N*ade otN or 6issed on
the !ips, they Mst ta!6ed. DRedactedE and
DRedactedE "ere in the roo* dring *ost of this
ti*e and they "ere a!! p!aying and ta!6ing
together.2
083 7ootnote @ 1.nother #tdent na*ed #tdent B
and #tdent @ a!so "ere assigned to #tdent 1Cs
roo*.2
,nvestigator does not e(p!ain "hy he did not intervie"
#tdent B and #tdent @.
0B3 1Mr. Ward then !eft his roo* and annonced, S.!!
rightN ,C* going to bed. 4e respectf! of yor peers.C
He then "ent to his roo*, sht the door, donned
so*e earp!gs, and "ent to s!eep.
,nvestigator does not as6 Mr. Ward to e(p!ain ho" he
co!d *onitor the co*ings and goings of the 1> stdents
in his charge "hen he "as "earing earp!gs.
0B3 1.t 12-00 .M, !od voices "o6e Mr. Ward a
second ti*e. 8his ti*e, he "ent into the roo* "here
#tdent 2 "as assigned to s!eep. Mr. Ward, "ho did
not see any fe*a!e #tdent, then annonced, S.!!
right. =ast chance. =ights ot.C . *a!e #tdent
ans"ered, S.!! right. #orry.C Mr. Ward then retrned
to his roo* and "ent to s!eep.2
8he chaperone, )ic6 Ward, does not say "hether he
chec6ed to see if a!! of the boys "ere in the roo* at this
ti*e. 4ecase he had not read the 7ie!d 8rip procedres,
he "as na"are of the re<ire*ent to chec6 on stdents
every 30 *intes nti! a!! "ere as!eep.
0B3 .ccording to #tdent 2 and #tdent 3 1Mr. Ward
did not chec6 on the *a!e #tdents after he to!d
the* it "as !ights ot and ti*e to go to bed.2
8his sggests that if Mr. Ward did indeed enter the roo*
of #tdent 2 and #tdent 3 at *idnight as he c!ai*s, then
Ward fai!ed to notice if #tdent 2 and #tdent 3 "ere in
the roo* at that ti*e.
0103 1#tdent 2 "o6e p "hen he heard a 6noc6 on
the "indo". He !oo6ed p and sa" #tdent 1
c!i*bing throgh it. #tdent 2 as6ed #tdent 1 "hat
she "as doing. #he ans"ered that she "as bored and
did not "ant to be in her cabin. #tdent : then
"a!6ed into the roo*. 8he co**otion "o6e p the
other #tdents. #tdent 3 a!so retrned to the roo*.
#o*eone trned on the !ight "hi!e the #tdents
ta!6ed. #tdent : brief!y hng ot and then decided
to retrn to her cabin becase she "as tired.2
1On 8esday night, "hen , snc6 ot of the gir!sC
cabin throgh the "indo", , "as greeted by and a
bnch of the other boys "ho "ere a!ready p. , tapped on
the "indo" and since , "as too short, a bnch of the gys
p!!ed *e in. D#tdent 2E didnCt *eet *e i**ediate!y.
8he boys "ere p and congregated in that roo* becase
a big grop of the* "ere preparing to head ot to *eet
so*e of the gir!s otside and ta6e a "a!6 or so*ething. ,
heard there "ere drgs invo!ved.2
0103 1#tdent 1 a!so indicated that she "as getting ,n 5ar6 #ervice report, #tdent 2 did not *ention this
student1 student1
student1
student1
student1
student
@

tired and !ay do"n on #tdent 2Cs bed. #he then got
nderneath his covers. #tdent 2 stated, SWeCre
going to get into trob!e if they catch yo in this
roo*.C #tdent 1 ans"ered, S)o, they "onCt. 8hey
"onCt catch *e.C .t that point, #tdent 2 "as nsre
abot #tdent 1Cs condct. 5art of hi* thoght she
"as attracted to hi*. 8he other part 6ne" she had a
boyfriend. #tdent 2 got into his bed and !ay in the
sa*e direction as #tdent 1.2
conversation bet"een hi* and

1, "as not interested in anything se(a! "hen , got
into D#tdent 2CsE bed. 8hat "asnCt *y intention in the
s!ightest. , "as focsed on ta!6ing, and nothing *ore.2
0113 1#hort!y thereafter, #tdent 1 too6 #tdent 2Cs
hand and p!aced it on top of her shirt. 8hey began to
ta!6 and #tdent 1 indicated that she sti!! "as having
prob!e*s "ith her 4oyfriend. 'venta!!y, #tdent 1
began to ta!6 abot her prior se(a! e(periences. #he
re!ated that she had previos!y had se( and a!so
ta!6ed abot ora! se(.2
1, did not p!ace D#tdent 2CsE hand on top of *y
shirt or c!othing in any "ay. Other than !aying c!ose to hi*
in his bed, "e didnCt toch. We didnCt ta!6 abot *y prior
se(a! e(periences at a!!P"e ta!6ed abot his persona!
!ife, his fa*i!y, and his friends. )othing se(a! in the
conversation ca*e p.2
,n this intervie", #tdent 2 says that #tdent 1 initiated
physica! contact, "hereas he to!d the 5ar6 #ervice
investigators that he initiated physica! contact.
0113 1#tdent 2 as6ed #tdent 1 "hat she "o!d do if
she "erenCt dating her 4oyfriend. #tdent 1
ans"ered that she "o!d date #tdent 2.2
1, never to!d D#tdent 2E that , "o!d date hi* if ,
"erenCt dating
0113 1#tdent 2 began to rb #tdent 1Cs sto*ach,
bt 6ept his hand on top of her shirt.2

1#tdent 2 began to rb #tdent 1Cs sto*ach, bt
6ept his hand on top of her shirt. He eventa!!y
p!aced his hand nderneath her shirt and contined
to rb her sto*ach. #tdent 2 proceeded to caress
#tdent 1Cs breasts. Ho"ever, he 6ept his hand on
top of her bra. #tdent 2 then began to se his hand
to rb #tdent 1Cs genita! area. =i6e before, he 6ept
his hand on top of her c!othes.2

1.fter appro(i*ate!y 2 hors of !ying in bed and
ta!6ing together, said she "anted to s!eep.
D#tdent 2E pt his hand or her sto*ach and
started rbbing it. did not go to s!eep
becase they 6ept ta!6ing. D#tdent 2E then
started Nfee!ing on herN and to!d hi*,
nothing nder the s6in. He to!d she needed
to te!! hi* "hen she "anted hi* to stop.
said she "o!d say 0the na*e of her
boyfriend3 if she "anted hi* to stop and
D#tdent 2E agreed.2

says-
14efore he even started toching *e, he as6ed
*e to co*e p "ith a code "ord. , to!d hi* the
code "ord "o!d be 1 8hatCs "hen he
started rbbing *y sto*ach and "hen he got to
*y breasts, , to!d hi* 1 8hen he said 1o6ay
!etCs p!ay a different ga*e- red !ight green !ight.
,C* a fire trc6. #ay red !ight "hen yo "ant *e
to stop.2 He stro6ed *y breasts again and , said
1red !ight2 and then he said 1fire trc6s donCt
stop for red !ights2 and "renched p *y bra and
p!!ed do"n *y !eggings and started fingering
*e. , to!d hi* 1 again, over and over, bt
he 6ept fingering *e then he pshed his penis
inside of *e. 4y this ti*e , "as saying 1stop2 bt
he ignored *e and 6ept going, then ana!!y. 8hatCs
student1
student1
student1
student1
student1
student1
student1
student1
student1
rrrrrrend
rrrrrrend
rrrrrrend
rrrrrrend
rrrrrrend
+

"hen , started crying.2
0113 1#tdent 2 then tried to p!ace his hand
nderneath #tdent 1Cs nder"ear. #he obMected
and he stopped. #tdent 2 res*ed his prior condct
on top of #tdent 1Cs c!othes. 8he fo!!o"ing
e(change then ensed-

#tdent 2- #ho!d , stop becase yo have a
4oyfriendQ
#tdent 1- Maybe.
#tdent 2- 0#topping.3 $o yo "ant *e to
stopQ
#tdent 1- )o.

1#tdent 2 then p!!ed do"n both of their pants. He
began rbbing his penis against #tdent 1Cs bttoc6s.
#tdent 2 eventa!!y p!!ed do"n #tdent 1Cs
nder"ear. #tdent 2 then tried to insert his penis
into #tdent 1Cs vagina. #he said, 1)o,2 and #tdent
2 stopped. Ho"ever, #tdent 2 then p!aced his penis
on #tdent 1Cs ans. 8he fo!!o"ing e(change then
ensed-
#tdent 2- #ho!d , stopQ $o yo "ant *e
to stop before "e startQ
#tdent 1- Maybe.
#tdent 2- Res or )oQ

1#tdent 1 did not ans"er this <estion. #he
proceeded to *ove c!oser to #tdent 2, "ho
interpreted her *ove*ent as a SRes.C 7or the ne(t ten
*intes, #tdent 2 and #tdent 1 had peni!e?ana!
intercorse. #tdent 2 sed so*e "ater as a
!bricant. $ring that condct, #tdent 1 *oaned
and !oo6ed bac6 at #tdent 2. #he did not say S)o.C2
1 as6ed "hat ti*e it "as so Dstdent 2E
chec6ed and sa" that is "as appro(i*ate!y one
in the *orning. He then tried to pt NitN inside
her and she said N so he "ent bac6 to
rbbing NitN against her. got a N!itt!e "et,N
and as he rbbed against her, he as6ed if he
sho!d stop and she said "hatever, and he
thoght o6, and he N6ind of pt it insider her.N
.nd then they Mst Nro!!ed "ith it,N a!thogh he
as6ed if he sho!d stop. He as6ed if it fe!t good,
and she ans"ered *aybe. 8hen he as6ed if she
!i6ed it and she said *aybe. .nd then she did not
say anything and they 6ept going "ith it and she
"as *oaning so he thoght, o6, she !i6es it. #o he
6ept going bt "hen he s!ipped ot, she said, o6,
thatOs enogh. #o he pt NitN a"ay and p!!ed p
her !eggings and they !ay do"n for a !itt!e bit
!onger.2
1When as6ed for *ore detai! abot the type of
se( they had, Dstdent 2E stated that he
penetrated ana!!y. He had tried to
penetrate her vagina!!y, bt accidenta!!y "ent
into the "rong ho!e. did not react, bt !ay
there and Otoo6 it,O so he contined to have se(
"ith her ana!!y. D#tdent 2E started to ta!6 to her,
and as6ed if sho!d stop, bt she never said
anything so he Mst O"ent ahead "ith it,O and then
she started *oaning. 8he he as6ed if she !i6ed it,
and she *oaned, *aybe, and then he s!ipped ot
and that is "hen she said, that is enogh, "e
need to stop.
When as6ed if he eMac!ated, Dstdent 2E stated
that he did not eMac!ate, and that he "as
positive he did not eMac!ate and "as not c!ose to
eMac!ating. When as6ed if they sed a condo*,
Dstdent 2E stated that it "as spr of the *o*ent
and that the condo* he had "as bro6en.2

1We didnCt have any 6ind of conversation at a!!
e(cept "hen , to!d hi* to stop and "hen , said
1He never rbbed SitC against *e.2 1He
never sed a !bricant of any 6ind.2

&o*pare to doctorCs e(a* report fro* the
O!y*pic Medica! &enter in 5ort .nge!es, dated 11K+K12-

student1
student1
student1
student1
student1
student1
rrrrrrend
rrrrrrend
Rrrrrrrrrrrrrrr
8


011?123 1#tdent 3 and #tdent 2 provided
contradictory acconts of the ensing events, "hich
re!ated to "hether #tdent 3 "as present dring the
a!!eged rape and "hat #tdent 1 a!!eged!y said abot
it.
#tdent 3Cs .ccont.
#tdent 3 retrned to the roo*. .s he got into his
bed, he heard #tdent 1 *oaning. #tdent 2 then got
p and !eft the roo*. #tdent 1 then pointed a
f!ash!ight at #tdent 3. 8he fo!!o"ing e(change
ensed-

#tdent 1- 0Whispering.3 .re yo pQ
#tdent 3- Reah.
#tdent 1- $id yo Mst hear anythingQ
#tdent 3- Reah. ,t sonds !i6e yo gys are
having se(.
#tdent 1- $onCt te!! anyone. ,Cve got a
4oyfriend.

1#tdent 1 then pointed the f!ash!ight at #tdent 8,
"ho "as sti!! s!eeping. #tdent 2 then retrned to
the roo*. He and #tdent 1 sngg!ed and "hispered
to each other for ten *intes before they !eft.
H
1$ring this investigation, #tdent 2 to!d *e that he
did not re*e*ber #tdent 3 retrning to the roo*.2
)ote that in this accont and the accont he gave to the
5ar6 #ervice investigator, #tdent 2 never *entions
getting p and !eaving the roo* "hi!e "as there.

&o*pare to #tdent 3Cs accont to "hat he to!d the 5ar6
#ervice investigator-

1On 8esday night, Dstdent 3E "ent into his
roo* and there "as a gir! in bed "ith Dstdent 2E.
,t "as after crfe", so Dstdent 3E gessed that
she had snc6 into the boysO cabin. D#tdent 3E
didnOt 6no" the gir! bt recogniLed her fro* the
fie!d trip. 8he gir! "as short, shorter that .gent
#anders. #he *ight have been , "ith short
hair Dnote- had !ong hairE. 8he
gir! "as "earing Means Dnote- "ore
s"eatpants and !eggingsE and a "hite shirt. #he
had been in the roo* "ith other peop!e on
Monday and 8esday...
D#tdent 3E "as trying to go to s!eep. He co!d
hear the gir! *oaning and so*e grnts. #he and
D#tdent 2E "ere Nc!ear!y having se(.N
D#tdent 2E got p to go to the bathroo*. 8he gir!
shone a f!ash!ight on D#tdent 3E and as6ed if he
"as a"a6e. #he as6ed hi* if he thoght she and
D#tdent 2E had been having se(. D#tdent 3E says
"e!! yeah, yo "ere *oaning. 8he gir! doesnOt
"ant D#tdent 3E to te!! anyone becase she
doesnOt "ant any r*ors spread. D#tdent 2E
co*es bac6 in the roo* and a fe" *intes !ater
the gir! !eaves.
7ro* the ti*e Dstdent 3E entered the roo* nti!
D#tdent 2E "ent to the bathroo* "as abot 12
*intes...
D#tdent 3E has 6no"n D#tdent 2E for a !ong
ti*e. 8hey have p!ayed together for
years and are friends.2

1, "as na"are of anyone a"a6e in the cabin
"hi!e D#tdent 2E raped *e.
1, "as never *oaningPif , "as, then it "as in
pain, and , "as crying as "e!!.
1He never got p to se the bathroo*. , never
shined a f!ash!ight in anyoneCs face 0"hat
f!ash!ightQQ3 and , didnCt ta!6 to anyone after the
assa!t e(cept D#tdent 2E.2
student1
student1
student1
student1
Rrrrrrrrrrrrrrr
B

012?133 1.fter ten *intes, #tdent 1 D to!d
#tdent 2 that they needed to stop. He agreed.
#tdent 1 then stated that she needed to !eave.
#tdent 2 indicated that he "o!d "a!6 #tdent 1 to
her cabin. 8hey "a!6ed ot the door. Otside the
cabin, the fo!!o"ing e(change ensed-
#tdent 1- We need to ta!6.
#tdent 2- O6ay.
#tdent 1- , did not *ean for it to go that
far. , donCt "ant *y 4oyfriend to find ot.
#o, ,C* going to !ie to hi*.
#tdent 2- What are yo going to te!! hi*Q
#tdent 1- ,C* going to te!! hi* that , "as
raped.
#tdent 2- )o, yo sho!dnCt do that. Ho"Cs
he going to find otQ
#tdent 1- , fee! gi!ty. ,C!! have to te!! hi*
so*ething.
#tdent 2- O6ay.

#tdent 2 then retrned to his cabin and "ent to
s!eep.2

investigator-
18hey chec6ed the ti*e and it "as not arond
2-30 a*, and said she needed to go. .s
Dstdent 2E "a!6ed her to her cabin they stopped
and she said, "e need to ta!6 abot this. #he to!d
hi*, yo cannot te!! anyone this happened or
anything !i6e that, bt , have to te!!
D#tdent 2E as6ed "hat she p!anned to te!!
said she "as going to te!! hi* she "as
raped. D#tdent 2E as6ed "hy, and she said
becase that is Mst "hat she thoght abot
saying. He as6ed if she "as sre, and she said
yes, bt that she "as going to say she didnOt
6no" "ho did it. D#tdent 2E said, bt , didnOt
rape yo, and she rep!ied, , 6no", yo didnOt do
anything "rong, bt itOs Mst so he 0 "onOt
!eave *e for cheating. to!d Dstdent 2E that
one of her other boyfriends bro6e p "ith her
after she "as raped becase he fe!t !i6e she !ied.
.fter she to!d D#tdent 2E this, he to!d her he "as
sorry she had to go throgh this, bt that he did
not thin6 she "o!d be !i6e this. to!d hi*,
itOs o6, itOs not yor fa!t, , !et this happen. , !et s
go this far. #he then said, , need to go no", and
,O* going to ta!6 to abot it. D#tdent 2E
said, o6, , gess , "i!! ta!6 to yo to*orro", and
he "atched her go to her cabin.2

1D#tdent 2E fo!!o"ed *e ot of his cabin. 8he
fo!!o"ing conversation "ent so*ething !i6e-
Me- Dstdent 2E, ,C* going to have to te!!
so*eone. 8hat "asnCt o6ay.
D#tdent 2E 0crying3- ,C* sorry. 5!ease donCt te!!
anyone it "as *e. , donCt "ant to get into
trob!e.
Me- Ro 6no" that "hat yo did "as "rong,
rightQ 8hat "as rape.
D#tdent 2E- , 6no". , donCt 6no" "hy , did that.
,C* sorry.
Me- , have to te!! , donCt 6eep secrets fro*
hi*. 4t , donCt "ant yo to get hrt either.
D#tdent 2E- then "hat are yo going to doQ
Me- ,C* going to te!! everyone 0inc!ding
that , "as raped in *y cabin by an n6no"n
person. )o one "i!! figre ot it "as yo. ,C*
sorry , have to te!! peop!e.
D#tdent 2E- O6ay. /st donCt te!! the* it "as *e.
,C* sorry.
Me- yoC!! be o6ay. , pro*ise.2
student1
student1
student1
student1
student1
student1
rrrrrrend
rrrrrrend
rrrrrrend
rrrrrrend
rrrrrrend
rrrrrrend
10

0133 1$ring this investigation, , <estioned #tdent 2
abot his conc!sion that #tdent 1 consented to his
condct. #tdent 2 ans"ered that #tdent 1 to!d hi*
she "o!d date hi* if she did not have another
4oyfriend. #tdent 2 a!so indicated that #tdent 1
he!d his hand and !oo6ed at hi* "hi!e they "ere
having intercorse. He added that she did not say
1)o,2 and, instead, *oved c!oser to hi*.

1, to!d #tdent 2 that his rationa!e "as not especia!!y
convincing. , as6ed hi* if #tdent 1 said anything
dring the incident. #tdent 2 ans"ered, S, did not
pay attention to her that *ch. #he did not do
anything to give *e the i*pression that she did not
"ant it.C , then as6ed #tdent 2 ho" *any ti*es he
had previos!y had any 6ind of se(a! intercorse. He
ans"ered that he had it thirteen ti*es. , a!so as6ed
#tdent 2 if any other gir!Kfe*a!e had acted this "ay.
#tdent 2 ans"ered that none had. , then as6ed
#tdent 2 if he had ever had peni!e?ana! intercorse
"ith any gir!K"o*an. #tdent 2 said he had as6ed
others and they a!! said )o. #tdent 2 added that one
gir! had specifica!!y as6ed hi* to engage in that
condct. 1

1, didnCt !oo6 at hi* dring intercorse. My bac6 "as to
hi*. , didnCt ho!d his hand, either. , said SnoC *!tip!e
ti*es in different "ays.2
01:?1@3 1>. Ms. #noo6a! 8a6es #tdent 1 to O!y*pic
Medica! &enter. Whi!e the #tdents "ere retrning
to #eatt!e, Ms. #noo6a! and a )atre 4ridge
&onse!or too6 #tdent 1 and #tdent : to O!y*pic
Medica! &enter, "hich is in 5ort .nge!es. #tdent 1Cs
5arents *et her at OM&. .ccording to Ms. #noo6a!,
#tdent 1Cs Mother indicated that #tdent 1 "as
refsing to sb*it to a rape 6it. #tdent 1Cs Mother
as6ed Ms. #noo6a! to order her to do one. Ms.
#noo6a! refsed and indicated that she "o!d ta!6 to
#tdent 1 abot the isse. $ring a brief discssion,
#tdent 1 to!d Ms. #noo6a! that she "as pset and
did not "ant to sb*it to a rape 6it. #tdent 1 a!so
"as angry that the Rangers had ta6en her nder"ear
and paMa*a botto*s. . short ti*e !ater, Ms. #noo6a!
!eft the hospita!.2
.ccording to the 5ar6 #ervice report, the )atre 4ridge
conse!or drove Ms. 7in!ey, and stdent > to the
O!y*pic Medica! &enter 0not #noo6a!, and not stdent :3-
1 agreed to go to O!y*pic Medica!
&enter for an e(a*ination. #he "as concerned
abot H,; and #8$s. )atre 4ridge staff drove
D#tdent >E, and teacher Rache!
5etri6?7in!ey to the hospita!.2

)ote that the hospita! records sho" that Ms. 7in!ey
acco*panied to the hospita!, not #noo6a!.

)ote that parents did not see #noo6a! "hen they
arrived at the hospita!. 5arents first sa" #noo6a! abot an
hor after they arrived. #he "as acco*panied by her
yong chi!dren.

)ote that *other, did not te!! Ms. #noo6a!
to 1order2 to do a rape 6it. as6ed Ms.
#noo6a! if she "o!d ta!6 to abot it.

)ote that Mo* and $ad observed Ms. #noo6a! in
tears at the hospita!.

)ote that did not have paMa*a botto*s.

student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
rrrent
rrrent
1
Response to $raft ,nvestigative Report 5repared by Kaiser

Kaiser Report- 'rrors and O*issions

.dditiona! ,nfor*ation p. 1
1. 8eacher, &haperone, and .d*inistrative )eg!igence $etai!ed
2. ,*pact of the 5rincipa!Cs =ie and 7ai!re to .c6no"!edge 8hat #e(a! .ssa!t
Occrred

.nnotated $oc*ent ,nventory 0detai!ing pdfs 1?10 be!o"3 p. 1>

.nnotated 8i*e!ine p. 32

Recent #e!ected &orrespondence p. >3
1. Response to Ron 'ng!ish !etter of /!y 3, 2013
2. 5arentsC #epte*ber +, 2013 pre!i*inary response to the Kaiser draft. p. >8

#e!ected $oc*entation pdfs referred to in 1.nnotated $oc*ent ,nventory2
1. &haperone and teacher doc*ents, protoco!s that sho!d have been e(ected
2. ,nfor*ation fro* abot the rape
3. Medica! doc*entation- diagnoses codes
>. Medica! records confir*ing rape
:. .bot the assai!ant
@. &orrespondence "ith 5rincipa! 8ed Ho"ard
+. 8it!e ,A ;io!ations
8. :0> 5!an and #5# doc*ents
B. #e!ected &orrespondence "ith the schoo! board.
10. Other- &ri*e ;icti*s stats, se!ected references for prior to rape
11. &orrespondence "ith the #eatt!e #choo! $istrict re #e(a! .ssa!t

.dditiona! ,nfor*ation

8eacher, &haperone, and .d*inistrative )eg!igence $etai!ed 0see 5df.1 for
doc*entation3

We have re<ested that the schoo! district to provide an e(p!anation of the chaperoning
circ*stances that !ed to the se(a! assa!t of or daghter. Or correspondence has
been c!ear on this centra! point- "e 6ne" or daghter "as raped and so did the
*edica! providers "ho treated her. ,t "as not necessary to rega!e s "ith bogs stories
of consensa! se( advanced by the assai!ant and his 1eye"itness2 friend, as appeared in
the Kaiser Report. Rather, "e as6ed the district to e!cidate the chaperoning practices
student1
student1
2
that a!!o"ed this assa!t to occr. 8his re<est is reiterated in or #epte*ber +, 2013
correspondence.

4ecase "e had infor*ation that co!d have assisted the district in an independent
in<iry, "e as6ed to participate at the inception of the districtCs May investigation. We
as6ed to sb*it intervie" <estions andKor to participate in intervie"s 0see May +,
2013 correspondence, pdf. 113. Rather than incorporating the <estions "e hadPbased
on "hat "e 6ne" at the ti*e??the district ignored or offer. ,nstead, the district
focsed on obtaining or daghterCs privacy?protected doc*ents even thogh "e
repeated!y e(p!ained they co!d not be handed over "ithot vio!ating her "ishKright for
privacy. ,t appears fro* these repeated re<ests that the district so*eho" i*agined
*edica! doc*ents "o!d ans"er or <estions abot the chaperoning practices
that !ed to the assa!t.

'ven no", the district has contines its *isp!aced e*phasis- it atte*pts to def!ect
attention fro* the chaperoning neg!igence that !ed to se(a! assa!t and its fai!re to
i*p!e*ent 8it!e ,A re<ire*ents by rationa!iLing that or daghter "as not raped and
therefore not inMred. 8hen, after *a6ingthis deter*ination the district co!d conc!de
that its chaperoning didnCt *atter.

#o "hen the centra! infor*ation concerning chaperoning practices "as not forthco*ing
in the districtCs Kaiser Report, "e sb*itted a !ist of <estions that sho!d have been
addressed by its 1sbstantive2 report. 8hose revie"ing or response "o!d do "e!! to
read or correspondence of #epte*ber +, 2013 0end of this doc*ent3 in "hich "e
detai! the *ost basic <estions that the district fai!ed to ans"er. 4y fai!ing to ans"er
these basic <estions, the district provides a s6e"ed pictre of the circ*stances that
!ed to an assa!t. ,nstead of providing infor*ation that the district *ay a!ready have, or
instead of "eighing the i*portance of or <estions, Mr. 'ng!ish rep!ied 0BK2+K133 that
these <estions are irre!evant. WhyQ 4ecase providing ans"ers "o!d on!y frther
i*p!icate the teachers and ad*inistrators "ho fai!ed to protect or chi!dren.

&onsider a fe" e(a*p!es of crcia! infor*ation *issing fro* the Kaiser Report.

1. 8hose reading the report have no idea ho" far a"ay the cabins "here the teachers
and their yong chi!dren resided "ere in re!ation to the stdentsC cabins. .!thogh Mr.
'ng!ish "rote the district "i!! not go bac6 1to ta6e detai!ed *easre*ents2 0G3 the
distance co!d have been easi!y obtained fro* the )atre4ridge director, #tephen
#trefert??"ho "as not even inc!ded in the investigation report. .s the report stands
no", anyone revie"ing "o!d !ogica!!y conc!de that the teachers "ere ab!e to
participate in the evening chaperoning. )ot so. 8he teachers s!ept at !east 100 yards
a"ay and "ere nab!e to see or hear stdents o"ing to the distance, the fo!iage, and
the dar6. Why doesnCt the report convey this basic infor*ation that is vita! to or
nderstanding of eventsQ
student1
3

2. .nother e(a*p!e- We as6ed the investigator to provide a precise !ist of the p!anning
tas6s teachers, chaperones, and ad*inistrators sho!d have e(ected and to te!! s
"hich ones they did not co*p!ete. 8he district sho!d have provided a transparent
acconting of the teacherKchaperoneKad*inistrative fai!re to perfor*. What is the
district trying to hide by not vo!ntari!y disc!osing this infor*ationQ

.s "i!! be detai!ed be!o", "e parents condcted this investigation and !earned ho"
teachers, chaperones, and ad*inistration fai!ed to co*p!ete essentia! tas6s. 8hey fai!ed
to see that a!! chaperones "ere na*ed, screened, that a!! had been infor*ed of their
responsibi!ities and signed the chaperone agree*ents "ith the district and
)atre4ridge, that a!! "ere acconted for 0t"o ad!ts "ho participated "ere not
registered nor screened and at !east one yong chi!d "as not registered.3

. principa! athoriLed the *!ti?day fie!d trip "ithot a sing!e *a!e chaperone for the 1>
boysG 4ecase nscreened and i!!?infor*ed chaperones, teachers, and ad*inistration
fai!ed to perfor* these essentia! tas6s, or chi!dren sffered "hen chaperones of
dbios e(perience fai!ed to i*p!e*ent chaperone protoco!s. 8his is detai!ed be!o".

3. 8he chaperones ad*itted they "ere nab!e to contro! the stdents on the first night.
We as6ed "hat additiona! steps they too6 to contro! the stdents the second night,
"hen or daghter "as raped. 8he district refses to ans"er.

>. We as6ed the district to e(p!ain "hy the chaperones did not enforce the
)atre4ridge stdent code of condct 0"hich inc!ded staying ot of each others
cabins3 that the teachers re<ired stdents to sign. 8he district refses to ans"er.

:. We as6ed "hy the chaperones did not divide the night "atch a*ong the : ad!ts
present 0inc!ding the 2 teachers "ho s!ept in a distant !ocation "ith their chi!dren3 so
that stdents "o!d be prevented fro* entering each otherCs adMacent cabins and
engaging in the other high ris6 activities. 8he district refses to ans"er.

@. We as6ed the district to co**ent pon the obMectivity of teacher reporting "hen
these teachersC professiona! reptation are no" at sta6e after fai!ing to i*p!e*ent the
prescribed fie!dtrip protoco!s. 8he district refses to ans"er.

+. #ee other essentia! <estions in or !etter of #epte*ber +, 2013 appearing at the end
of this doc*ent.

#o*e of *any teacher, chaperone and ad*inistrative fai!res that i*peri!ed or
chi!dren-
1. 8he district confir*ed that it had provided a!! for*s 0b!an6 and signed3 srronding
the )ove*ber 2012 trip to )atre4ridge 0see &ar!son correspondence pdf.13. %arfie!d
p!anning doc*ents provided by the district de*onstrate ho" the organiLers fai!ed to
4
proper!y i*p!e*ent pre?p!anning procedres and ho" the principa! inappropriate!y
verified that a!! chaperones "ho participated had been screened "hen they "ere not,
a*ong other deficits. 0see pdf. 13

2. On!y 3 0#noo6a!, 7in!ey, .rno!d3 of the : teachersKchaperones "ho eventa!!y
participated "ere !isted as participating, and on!y three "ere screened. On!y 3 of the :
signed the #5# %ide!ines for 7ie!dtrip ;o!nteers 0see pdf. 13. 8"o other chaperones
0#he!!y and )ic63 "ere not !isted as participants, "ere not screened, and did not sign the
&haperone .gree*ent. 8hese t"o nscreened chaperones "ere responsib!e for
spervising the stdents at night.

8his deficiency is critica! since the t"o nscreened chaperones are co!!ege?aged
stdents and according to the Kaiser Report, did not 6no" ho" to appropriate!y
chaperone high schoo! stdents. 08eachers #noo6a! and 7in!ey did not chaperone at
night, bt s!ept at a distant !ocation "ith their yong chi!dren3. .!! the chaperones
ad*itted to not 6no"ing the chaperoning procedres according to the Kaiser Report.

3. Of the three ad!ts "ho signed the %ide!ines, Ms. #oo6a! and Ms. 5etric6?7in!ey
broght s*a!! chi!dren contrary to the stip!ation that 17a*i!y *e*bers or friends of a
chaperone *ay not participate in a $istrict?sponsored fie!d trip or event n!ess prior
approva! has been obtained fro* the bi!ding principa!.2 On!y one of the chi!dren had
been !isted on the roster sb*itted to the principa!. 8hs the principa! athoriLed on!y
one s*a!! chi!d, not *ore, as occrred. 0see pdf. 13

8he %ide!ines contine- 1.dditiona! s*a!! chi!dren can distract yo fro* yor dties as
a chaperone.2 8his "arning "as not headed. Had the teachers e!ected to participate in
a night ti*e "atch instead of "atching their chi!dren, the stdents co!d have been
broght nder contro!, prevented fro* !eaving their cabins, and the se(a! assa!t
prevented. 0see pdf 13.

)ote again- the teachers co!d not see or hear the stdents fro* their !ocation "here
they resided "ith their yong chi!dren.

>. 8he principa! confir*ed on BK2> that a!! bac6grond chec6s had been perfor*ed.
Ho"ever he "as given a !ist "hich on!y contained 3 fe*a!e chaperones, a!! of "ho*
"ere %arfie!d teachers. 8hey "ere-

#noo6a!- teacher, s!ept in re*ote !ocation "ith yong chi!d
7in!ey- teacher, s!ept in re*ote !ocation "ith yong chi!d
.rno!d- teacher, responsib!e for gir!s at night

9nscreened and never registeredKathoriLed for the trip-
#he!!yPa co!!ege stdent responsib!e for gir!s at night
)ic6 Ia co!!ege stdent responsib!e for boys at night 0the on!y *a!e3
5

8hs on!y one screened and athoriLed chaperone 0.!icia .rno!d3 s!ept "ith the 2+
stdents at night. &haperones s!ept "hi!e stdents "ent in and ot of the cabins both
nights 0see Kaiser Report3.

:. 8he Re<ire*ents 0pdf. 13- 1&hec6!ist for M!ti?$ay 7ie!dtrips 7or to #i( "ee6s prior
to 8rip- Have chaperonesKvo!nteers co*p!ete vo!nteer app!ication. &o*p!ete
bac6grond chec6s. 5rovide !ist of screened vo!nteers to principa! and secre hisKher
approva!.2

7or "ee6s prior to the trip the principa! "as to have verified that an acceptab!e
bac6grond chec6 "as on fi!e. 8hat "as to occr on October 8, bt instead the principa!
signed off too soon. ,f the principa! had signed the verification at the proper ti*e, he
"o!d have !earned that t"o co!!ege?aged stdents "ere designated as chaperones.
8he principa! fai!ed to accont for these chaperones??"ho "ere never registered nor
screened.

8hs, the teachers fai!ed to secre screening "hen they fai!ed to inc!de the na*es of
these chaperones "ho "o!d be responsib!e for the stdents at night. 8hey fai!ed to
assre that the chaperones read the protoco!s Mst as they the*se!ves fai!ed to read the
protoco!s, they ad*itted.

#ince "hen is it a district po!icy to a!!o" nscreened chaperones to participate on *!ti?
day fie!dtripsQ

#ince "hen can teachers ta6e stdents on a *!ti?day fie!dtrip "ithot reading the
chaperoning protoco!s they "ere re<ired to i*p!e*entQ

#ince "hen can teachers fai! i*p!e*ent the hosting faci!ityCs 0)atre4ridgeCs3
chaperone agree*entsQ

#ince "hen do teachers ignore the hosting faci!ityCs code of condct they re<ired
stdents to signQ

Why did the district fai! to provide the stdentsC signed )atre4ridge code of condctQ
We on!y received or daghterCs signed copy "hen the district affir*ed a!! signed
doc*ents had been retrned. Ho" *any stdents signed those doc*ents and "hy
didnCt the chaperones enforce the r!es as )atre4ridge stated they *stQ

@. 8he principa! athoriLed this *!ti?day fie!dtrip "ithot sing!e *a!e chaperone. He
athoriLed three fe*a!e chaperones, one of "ho* had to attend a s*a!! chi!d.
Moreover, the principa! did not athoriLe *ore than one yong chi!d, bt "e 6no" that
there "as *ore than one yong chi!d on the trip "ith the teachers.

6
Ho" did the principa! i*agine the boys "o!d be spervised "ithot a sa*e?se(
chaperone in their cabinQ Why did he sign off on the chaperone !ist "hich !ac6ed even
one *a!e chaperoneQ #tdents are re<ired to have a sa*e se( chaperone s!eep "ith
the* bt no one "as designated.

+. 8he teachers co!d not find any parent chaperones to participate even thogh their
infor*ationa! !etter said parents "ere needed. )everthe!ess they a!!o"ed the trip to
occr "ithot a parent chaperone. 8hey sb*itted their chaperone !ist to the principa!
"ho athoriLed the trip "ithot a sing!e *a!e chaperone.

8. 8he teacherCs infor*ationa! !etter of October :, 2012 is sspect. When "e re<ested
a!! fie!dtrip p!anning doc*ents, "e received a different Oct. : !etter "ith different
detai!s fro* the one "e "ere origina!!y given. 8he origina! !etter states that 1)ic6
7raiLe2 "i!! be chaperoning. 8he *odified version states a different )ic6. We as6ed
abot the discrepancy bet"een this October :
th
!etter and a different version "e "ere
spp!ied, bt no ans"er "as given.

Why didnCt the district spp!y the origina! version of the October :, 2012 !etterQ Who is
)ic6 Ward "ho* "e are to!d did chaperone bt "as not !isted nor screened as a
chaperoneQ We as6ed the district "hether he changed his na*e bt no infor*ation "as
provided. 8he district refses to provide this infor*ation. 0see 5arents #ept +, 2013
!etter to district be!o"3

B. 8he haphaLard p!anning srronding this fie!dtrip foreshado"s the devastation that
ensed "hen teachers and nscreenedKndoc*ented chaperones didnCt bother to
read and i*p!e*ent the chaperoning r!es, by their o"n ad*ission in the districtCs
Kaiser Report.

7ie!dtrip p!anning dead!ines 0see pdf.13-
1. #igned #epte*ber 2>, 2012. 5rincipa!Cs fie!d trip chec6!ist gives pre!i*inary
athoriLation for the trip. 8his "as to occr three *onths in advance, "hich is .gst :,
not #ept. 2>. 8eachers and staff "ere avai!ab!e prior to #epte*ber 2>
th
to e(ecte this
doc*ent. 8heir initia! disregard for the ti*e!ine is indicative of their fai!re at every
Mnctre to responsib!y provide for or chi!drenCs safety.

2. #igned #epte*ber 28, 2012. 5rincipa! co*p!eted the verification of bac6grond
chec6s. 8his "as to occr > "ee6s before the trip, "hich is October 8
th
. 4y co*p!eting
this too ear!y, the principa! fai!ed to inc!de any *a!e chaperone for the 1> boys on the
trip.

He a!so fai!ed to inc!de one fe*a!e co!!ege?aged chaperone responsib!e for the gir!s at
night.

7
8"o of the 3 chaperones responsib!e for the stdents in their cabins "ere nscreened,
nna*ed, and not athoriLed to attend.

3. #igned October 1@, 2012. 5rincipa! attested that for each stdent there "as a signed
per*ission s!ip. 8his "as to occr one "ee6 before the trip, "hich is October 2B
th
, not
on the 1@
th
. When this "as signed on October 1@
th
, on!y 2 per*ission s!ips had been
signed, according to the doc*ents provided by the district. 8hs the principa! fa!sified
the doc*ent, becase he attested that each stdent had a per*ission s!ip "hen on!y 2
of the 2+ participants did.

8he per*ission s!ips "ere provided by the district, t"enty five in a!!. Ret 2+ stdents
participated in the fie!dtrip. Why "ere there no per*ission s!ips for t"o stdentsQ

7rther*ore, it appears that so*e of the per*ission s!ips "ere never signed by the
parents becase there is no sign that any redaction occrred. ,t is conceivab!e the
teachers trned in per*ission s!ips Mst so they "o!d be on fi!e.

>. #o*e per*ission s!ips "ere trned in after the dead!ine a!thogh the principa!
attested they had been retrned "hen he signed, t"o stdents !ac6ed per*ission s!ips,
and as seen, on!y t"o per*ission s!ips had been retrned "hen he attested that a!! had
been retrned. 0see pdf.13

.dditiona! fai!re to perfor*- %arfie!d teachersKchaperones did not i*p!e*ent the hostCs
re<ire*ents-

8here is no evidence that %arfie!d chaperones signed the )atre4ridge &haperone
.gree*ent 0see pdf. 13. 8his agree*ent specifies chaperone responsibi!ities inc!ding
overnight spervision. ,t a!so confir*s that chaperones have read the #tdent &ontract
for behavior at ca*p and "i!! se the contract to prevent any nacceptab!e behavior
0sch as entering each otherCs cabins and casing har* to other stdentsJ see contract
pdf 13. &!ear!y teachers did not enforce the contract since the Kaiser Report detai!s ho"
stdents "ent into each otherCs cabins day and night, a*ong other vio!ations of the
contract.

&rios!y, the districtCs pb!ic records officer confir*ed she provided copies of a!! the
nsigned and signed doc*ents srronding this trip bt the )atre4ridge re<ired
doc*ent "as not inc!ded. ,n addition, )atre4ridge co!d not confir* receipt of the
signed agree*ent. 8his is yet another e(a*p!e of ho" chaperones fai!ed to infor*
the*se!ves of the re<ired po!icies and enforce the*, as they ad*itted in the Kaiser
Report.

We a!so 6no" fro* the chaperonesC behavior that they fai!ed to enforce their
responsibi!ities, not on!y those specified by the district, bt by those specified in
)atre4ridge &haperone .gree*ent 0e(cerpted hereJ see pdf 13-
8

, nderstand that *y pri*ary responsibi!ity "hi!e at )atre4ridge is to spervise
stdents. , a* direct!y responsib!e for stdents dring free ti*e and *ea!s, as "e!! as in
the cabins overnight.

, nderstand that any brea6s fro* *y spervisory responsibi!ities "i!! be coordinated by
the !ead teacher, "ho *ay set p a rotating spervision sched!e if possib!e. Dn.b. this
co!d have inc!ded a rotating night "atchE

,n the &abin and $ring 7ree 8i*e
TTTTTT, nderstand the )atre4ridge #ite Manager "i!! be the pri*ary on?site !iaison
bet"een the schoo! and )atre4ridge. $ring night hors in &rry ;i!!age 0+p*?+a*3,
the )atre4ridge 7ie!d #afety Officer "i!! spport spervision.

, nderstand that stdents "i!! be in their cabins by B-30 p*, "ith !ights ot at 10-00
p*.

, agree to *onitor stdents to ensre they are <iet and respectf! in the evening so
that everyone can get enogh s!eep to participate and stay hea!thy. #tdents *ay
e*erge fro* their cabins at @a* 0+a* at &rane 7!at3 "ith "hisper hors nti! +a*.

&haperone 5ac6et
https-KK""".natrebridge.orgKsitesKdefa!tKfi!esKO=RMU20&haperoneU205ac6et.pdf
0see pdf. 13

WhoCs Who- .d!t Ro!es and Responsibi!ities 0e(cerpted3-
HereCs "hat a!! ad!t participants 0inc!ding teachers3 do-
$ring yor )atre4ridge progra*-

spervise stdents at a!! ti*es, inc!ding overnight
reinforce )atre4ridge edcatorCs instrctions to stdents abot proper behavior, gear
se!ection . . . .
revie", sign, and retrn the &haperone .gree*ent to yor trip organiLer
spervise stdents at a!! ti*es, inc!ding overnight

&haperones "ere a!so re<ired to enforce )atre4ridge #tdent &ontract bt fai!ed to
enforce the fo!!o"ing r!es 0according to the descriptions of behavior in the Kaiser and
)5# reports3-

, agree to treat *y fe!!o" stdents, chaperones, and edcators "ith respect D#tdents
did not respect the *a!e chaperoneCs p!eas for order according to Kaiser Report, and one
se(a!!y assa!ted or daghterE

9
, agree to stay ot of other stdentsO cabins. D#tdents "ere a!!o"ed to free!y co?*ing!e
both days and both nightsE

, nderstand that !ights ot is at B-30 p*. , agree to be <iet and respectf! in the
evening so that everyone can get enogh s!eep to participate and stay hea!thy.
D#tdents "ere ot of contro! at night according to Kaiser ReportE

, agree not to case physica! or e*otiona! har* or threaten any other person.
D&haperones created a sitation "here har* co!d easi!y occrE

, agree to refrain fro* bringing or sing non?prescription drgs, cigarettes, "eapons,
andKor a!coho! at )atre4ridge D$rgs and cigarettes "ere reported at ca*pJ stdents
*st have "andered ot of sight to parta6e.E

17O9R #8R,K'#2 $,#&,5=,)' 5O=,&R #tri6e 1 ? verba! "arning
#tri6e 2 ? cons!tation "ith stdentCs teacher
#tri6e 3 ? the stdent "i!! "rite and sign a contract abot "hat sKhe "i!! do to change
the behavior
#tri6e > ? the stdent *ay be re*oved fro* an activity, as6ed to ca!! ho*e, or in an
e(tre*e case e(pe!!ed fro* the progra*

%iven the vio!ations and chaos that chaperones described in the Kaiser Report, "e
conc!de that the 7or #tri6es $iscip!ine 5o!icy sho!d have been i*p!e*ented. We
have no infor*ation that it "as.

Mr. #trefert infor*ed s that none of the chaperones ca!!ed for he!p fro* the
)atre4rdge staff "hen the chaperones !ost contro! of the stdents. He a!so to!d s
that it had never been necessary for the )atr4ridge staff to *onitor the behavior of
attending schoo! grops.

#ee )atre4ridge #tdent &ontract-
https-KK""".natrebridge.orgKsitesKdefa!tKfi!esK#tdentU20&ontractU20O=RM.pdf

%arfie!d sho!d have 6no"n better and foreseen that the districtCs &ode of 5rohibited
4ehaviors co!d be vio!ated.

1. )atre4ridge director #trefert infor*ed s that %arfie!d teachers had sed this
faci!ity before. 8hey sho!d have 6no"n better than to !et stdents co?*ing!e in
adMacent n!oc6ed cabins "ithot a night "atch and ade<ate chaperoning in p!ace. 8he
teachers 6ne" a!so that )atre4ridge had a code of condct they "ere to enforce, yet
they fai!ed to do so.

10
2. 8he district has a history of chaperoning prob!e*s, according to , the %H#
'ng!ish teacher "ho ca*e to or ho*e to ttor vo!nteered, 1We didnCt
nderstand "hy the *edia vans "erenCt at the schoo! the ne(t day Dafter the assa!tE.
We thoght "eCd so!ved or chaperoning prob!e*s.2

3. We heard fro* a %arfie!d stdent ho" a boy and gir! "ere fond in the sa*e s!eeping
bag on a choir trip prior to the )ove*ber fie!dtrip.

>. We read on!ine abot %arfie!dCs chaperoning-
1, sti!! vo!nteer "hen they ca!! and as6. !ast ti*e they a!*ost cance!!ed a fie!d trip sre
to !ac6 of chaperones DsicE.2
http-KKs!og.thestranger.co*Ks!ogKarchivesK2013K01K21Kschoo!s?nationa!?edcators?
spport?garfie!d?high?*ap?standardiLe?test?boycott

2. ,*pact of the 5rincipa!Cs =ie and 7ai!re to .c6no"!edge 8hat #e(a! .ssa!t
Occrred 0see pdf.23

Mr. Ho"ard, %H# principa!, sho!d have considered that or daghter had been raped
and "as not a party to consensa! se(. .ccording to the )5# report the assai!ant to!d
Mr. Ho"ard that 1they partia!!y had se( and then said no.2 0#ee 1'(hibit )o,2 pdf.
:3. . red f!ag sho!d have gone p- Mr. Ho"ard sho!d have as6ed hi*se!f 0or the
assai!ant3 "hy or daghter to!d hi* 1no2 if she "ere engaged in consensa! se(a!
intercorse, as the assai!ant c!ai*ed. His fai!re to ac6no"!edge a se(a! assa!t had
irreversib!e repercssions for or daghter and sets a distrbing precedent for other
fa*i!ies in the district "hose chi!dren are at ris6.

1. Mr. Ho"ard 6ne" on )ove*ber +, 2012 that or daghter i**ediate!y reported the
assa!t and !i6e!y 6ne" that she provided a rape 6it. %oing throgh this ordea! is an
n!i6e!y otco*e of the p!ayf! consensa! se( the assai!ant reported to hi* on
)ove*ber +. On )ove*ber 8
th
, the parents infor*ed Mr. Ho"ard persona!!y that she
endred the rape 6it.

2. Mr. Ho"ard 6ne" or daghter to!d the assai!ant to stop. 9ndobted!y if this "ere
Mr. Ho"ardCs daghter he "o!d have ac6no"!edged the possibi!ity that this "as rape
becase the victi* to!d the assai!ant to stop having se( "ith her.

3. Mr. Ho"ard sho!d have 6no"n better becase he 6ne" that the assai!ant had
previos!y been e*ergency e(c!ded for 1!e"d condct2 after having se( on schoo!
student1
student1
11
property "hi!e in *idd!e schoo!. Mr. Ho"ard 6ne" the assai!ant "as capab!e of vio!ating
8he &ode of 5rohibited 4ehavior 0se(a! assa!t3 '?21: "ith or daghter.
'?21: is defined be!o".

)ote that in every one of the assai!antCs sbse<ent reports 0to Mr. Ho"ard in the )5#,
to the )5# investigators, and to the districtCs investigator, Mr. Kaiser3 the assai!ant a!so
ad*itted that or daghter to!d hi* no, bt that he 6ept on going "ith other *ore
vio!ating behaviors, c!ai*ing she "anted the* to Mstify raping her.

.s "i!! be seen, the district chose not to ncover a se(a! assa!t by fai!ing to i*p!e*ent
the re<ired 8it!e ,A investigation !ast )ove*ber, rationa!iLing that it *st "ait for a
cri*ina! investigation to end. 8here is no evidence that the district ever <estioned the
assai!ant prior to the May Kaiser investigation, by "hich ti*e his story had beco*e *yth
at %arfie!d.

>. ,nstead of "eighing the very !i6e!y possibi!ity that or daghter "as assa!ted, Mr.
Ho"ard boght the assai!antCs ta!e of consensa! se( 0caref!!y crafted on the retrn bs
ride3. Why didnCt Mr. Ho"ard e(p!ore the possibi!ity that or daghter "as raped "hen
the possibi!ity "as so obviosQ 8here "as at !east a :0K:0 chance that her story "as
correct, and bearing in *ind that she "ent to the hospita! and that the assai!ant had a
history of !e"d condct, the !i6e!ihood "as raped "as far greater than the :0K:0 chance
that she "as not.

Why did Mr. Ho"ard 1by2 the assai!antCs ta!e and disregard or daghterCs reportQ
4ecase ac6no"!edging the assa!t "o!d have raised the <estion of !iabi!ity. ,t "as far
*ore convenient for Mr. Ho"ard to 1by2 the assai!antCs ta!e than to be he!d
accontab!e for 1chaperoning neg!igence that per*itted a se(a! assa!t. He sha*ef!!y
ignored that or daghter "as raped, and by denying rape he co!d a!so avoid
i*p!e*enting her 8it!e ,A rights, in addition to being he!d accontab!e.

Mr. Ho"ard "as "rong on severa! fronts. 8it!e ,A rights *st be i**ediate!y e(tended
"henever there is a report of se(a! assa!t, "hether or not he "anted to be!ieve it and
"hether or not there "as a cri*ina! investigation nder"ay. Mr. Ho"ard chose to
ignore the i**ediate report of se(a! assa!t. 8o cover his trac6s, the district conse!
c!ai*ed it is their po!icy to "ait nti! a cri*ina! investigation is over, in direct vio!ation of
8it!e ,A.

)ot on!y did Mr. Ho"ard ignore the report of a se(a! assa!t, he !ied abot it. On the
*orning of )ove*ber 8, 2012 had a !ong discssion "ith Mr. Ho"ard in "hich he
ad*itted a stdent 1ca*e for"ard and ad*itting having consensa! se(.2
infor*ed hi* that had been raped and re*inded hi* that she sb*itted a rape
6it the previos day, right after the assa!t.

student1
rrrent
rrrent
12
then as6ed abot sanctions against the assai!ant and precations that "o!d
a!!o" to retrn to schoo!. . !ong conversation ensed abot safety. Mr. Ho"ard
said he "o!d not be invo!ved and "rote that "e sho!d 1differ2 or <estions to the
5ar6s $epart*ent D"hich has no Mrisdiction over the schoo! environ*entE. 0see 5df. @3.
Mr. Ho"ard fai!ed to address or daghterCs fear of reta!iation and a hosti!e
environ*ent after reporting the rape. 8it!e ,A addresses this safegard na*bigos!y-

18he schoo! a!so sho!d te!! the co*p!ainant that 8it!e ,A prohibits reta!iation,
and that schoo! officia!s "i!! not on!y ta6e steps to prevent reta!iation bt a!so
ta6e strong responsive action if it occrs.2

On )ove*ber B, 2012 the parents again spo6e "ith Mr. Ho"ard as6ing abot providing
protection. He retracted his state*ent that a stdent ad*itted to having se( "ith
saying that a stdent 1on!y ca*e for"ard "ith infor*ation.2 We corresponded "ith Mr.
Ho"ard abot this b!atant !ie and the !oss of confidence in hi* as or daghterCs
principa!. 0see 5df. @3

Mr. Ho"ardCs !ie is verified in the )5# report. 8he assai!antCs )ove*ber testi*ony 0pdf.
:3 describes ho" he confessed to so?ca!!ed 1consensa! se(2 to Mr. Ho"ard on the
evening of )ove*ber + i**ediate!y pon retrning fro* the fie!dtrip. When
spo6e Mr. Ho"ard on )ove*ber 8, Mr. Ho"ard a!ready 6ne" that the assai!ant co*e
for"ard and ad*itted vio!ating the districtCs &ode of 5rohibited 4ehavior '?21:. 8hs
"hat he to!d on )ov. 8
th
"as correct bt he !ied denied saying so the fo!!o"ing
day.

7rther*ore Mr. Ho"ard i**ediate!y e*ergency e(c!ded the assai!ant as a danger to
hi*se!f and others. &!ear!y Mr. Ho"ard !ied becase he a!ready discip!ined the stdent
for having se( bt then denied that a stdent had ad*itted to having se( on the fie!dtrip.

Moreover, Mr. Ho"ard refsed to infor* of the sanction 0e*ergency e(c!sion3
he *eted ot, as re<ired by 8it!e ,A. Had Mr. Ho"ard done so, or daghter co!d
have retrned to schoo!, res*ed her edcation, and dea!t "ith the assai!antCs
*a!icios r*ors. ,nstead her !ife began deteriorating.

When the )5# prodced its report indicating that Mr. Ho"ard had !ied to s abot the
stdent "ho didKthen did not report having se(, "rote hi* an e*ai! verifying that
Mr. Ho"ard had !ied.

DMr. Ho"ard,

On )ove*ber 8, 2012, the day after the rape incident, yo spo6e "ith on the
phone and to!d her that a stdent had co*e for"ard and ad*itted having se( "ith
8he ne(t day yo denied that yo had shared this fact "ith ,nstead yo
student1
student1
student1
student1
rrrent
rrrent
rrrent
rrrent
rrrent
rrrent
13
c!ai*ed that yo had on!y said a stdent ca*e for"ard "ith Ninfor*ation.N 8his is
detai!ed in or correspondence.

.ccording to the investigators, a stdent did indeed ad*it to yo that day to having se(
"ith as had correct!y reca!!ed fro* yor conversation on )ove*ber 8. ,
hope this no" sets the record straight.

7rther*ore the notion of consensa! se( bet"een and the assai!ant, AAAAAAAAA,
DredactedE is pre!y fictitios.

Kind!y ac6no"!edge receipt of this correspondence.E 3K:K2013 e*ai! 0pdf. @3

Mr. Ho"ard a!so sho!d have 6no"n better??becase he 6ne" that the assai!ant had a
record of !e"d condct and "as capab!e of vio!ating '?21: "ith or daghter. D8he
assai!antCs !ater report to the )5# confir*s that or daghter to!d hi* to stop at !east
three ti*es, frther confir*ation that he vio!ated '?21:E. ,nstead of 6no"ing better,
Mr. Ho"ard adopted the assai!antCs ta!e of consensa! se( 0inc!ding the bogs report of
1*a6ing ot23. Why didnCt Mr. Ho"ard e(p!ore the possibi!ity that or daghter "as
rapedQ 4ecase it "o!d have raised the <estion of !iabi!ity. ,t "as far *ore
convenient for Mr. Ho"ard to by the assai!antCs story rather than be he!d accontab!e
for 1chaperoning2 behaviors that per*itted a se(a! assa!t.

'ven the teachers 6ne" that a stdent had been raped bt it "as covered p and
ignored by the district. "rote-

$ear and 8his is an a"f! thing. , a* so sorry so*ething !i6e this
co!d happen to or anyone. %arfie!d staff "ere not to!d "ho, nor specifics. 4t ,
had a terrib!e sspicion "hen , didnOt see her !ast "ee6. , sti!! have great e(pectations
for yor daghter. , "o!d !ove to have retrn "hen she is ready. ,f there is
anything , can do to he!p, p!ease !et *e 6no".

D "as so da*aged that a!thogh ad*itted her to the
after the assa!t, she "as sffering fro* 58#$ and co!dnCt concentrate. #he
has given p the even thogh it "as a once sorce of Moy, not to *ention a
possib!e career pathE.

student1
student1
student1
student1
student1
student1
rrrent
rrrent
rrrent

rrrent
14
.nnotated $oc*ent ,nventory $etai!ing 5dfs 1?10 attached

&haperoneKteacher $oc*ents, Re<ire*ents and 5rotoco!s 8hat #ho!d Have 4een
'(ected 05df. 13

1. )atre4ridge ca*p &haperone 5ac6et
https-KK""".natrebridge.orgKsitesKdefa!tKfi!esKO=RMU20&haperoneU205ac6et.pdf

)o evidence that teachersKchaperones signed or i*p!e*ented the re<ire*ents as
discssed above.

2. %arfie!d High #choo! 8rip 5!anning $oc*ents indicating fai!re to screen and accont
for a!! participants. )*eros gross o*issions detai!ed above.

3. '*ai!s fro* &o!!een &ar!son verifying co*p!etion of 5b!ic ,nfor*ation Re<est 1213?
221 for a!! doc*ents srronding the fie!d trip.

8he district confir*ed that it had provided a!! for*s 0b!an6 and signed3 srronding the
)ove*ber 2012 trip to )atre4ridge. 0#ee &ar!son correspondence pdf. 13. 8hese
for*s provided by the district de*onstrate ho" the organiLers fai!ed to proper!y
i*p!e*ent pre?p!anning procedres, ho" the principa! inappropriate!y athoriLed a
*!ti?day trip "ithot a sing!e *a!e chaperone, ho" the trip proceeded "ith ad!ts and
a yong chi!d 0chi!dren3 "ho "ere not athoriLed to attend, ho" n!istedKnscreened
1chaperones2 fai!ed to sign the re<ired doc*ents, and ho" he attested that a!!
per*ission s!ips "ere inc!ded "hen on!y t"o had been retrned at the ti*e of signing.
$etai!ed above.

>. #choo! fie!dtrip !etter of October :, 2012. =etter states that )ic6 7raiLe "i!! be
chaperoning. When "e re<ested a!! fie!dtrip p!anning doc*ents, this !etter "as not
provided by the district. His na*e sho!d have been !isted as a chaperone. )o *a!e
"as ever !isted as a chaperone. $etai!ed above.

,nfor*ation fro* .bot the Rape 05df. 23

1. hand "ritten description of the )ove*ber +, 2012 rape provided to her
therapist
. and her therapist presented the accont to her parents dring
fa*i!y therapy .

2. . report tit!ed 1Response to .ssai!antCs )ove*ber testi*ony to 5ar6 #ervice.2
8his is "ritten response to the reports given by the assai!ant and his
1eye"itness2 friend to both the )ationa! 5ar6s and Kaiser investigators. #he sa" these
reports for the first ti*e on!y after !eaving the treat*ent center on /!y 1> 2013.
student1
student1
student1
student1
student1
Rrrrrrrrrrrrrrr
Rrrrrrrrrrrrrrr
15
4ecase her therapists strong!y advised against participating in intervie"s o"ing to
triggering a re!apse, she provided infor*ation in "riting. )everthe!ess, she fond the
fa!!acios content very psetting, as evidenced by the se of e(p!etives.

3. O!y*pic Medica! &enter e*ergency roo* notes convey re*ar6s in the
fo!!o"ing for*-

8his e(p!ains initia! re!ctance to disc!ose the
na*e of the assai!ant. )5# report describes ho" the assai!ant shared his persona!
prob!e*s "ith before raping her

>. )ationa! 5ar6s #ervice report entit!ed 1)5# Kirschner #**ary.2 8his is the s**ary
provided by Ranger Kirschner describing her ti*e "ith in the e*ergency roo*.
8his confir*s "hat previos!y said, that she "as hesitant to revea! the na*e of
the c!ass*ate becase she didnCt "ant hi* to go to Mai!. . redacted stdent stated in the
)5# report that the assai!ant 1had a diffic!t ho*e !ife and that he did so*e bad things,
!i6e stea! and s*o6e pot.2 0see )5# report3.

8he doctor reported to Ranger Kirschner that to!d her

:. )5# report s**ary entit!ed 1)5# 5age @2- Ranger Kirschner reports that
stated she 1Mst "anted it Dthe assa!tE to go a"ay.2 #he indicates that she doesnCt "ant
to ac6no"!edge "ho raped herPthat is, a c!ass*ate. states that she trsted hi*
as a friend and that the assai!ant to!d her he "as interested in her ro*antica!!y a!thogh
stated she has a boyfriend.

Medica! $oc*entation- $iagnoses &odes 05df. 33

5hysician and Menta! Hea!th 5rofessiona! $iagnoses &odes as appear on *edica! bi!!s,
chart notes, andKor discharge instrctions. $iagnoses codes ref!ect an acta! *edica!
condition.

student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
student1
Rrrrrrrrrrrrrrr
Rrrrrrrrrrrrrrr
16

Medica! Records &onfir*ing Rape 0pdf.>3

8he schoo! district has repeated!y as6ed s to trn over privacy protected doc*ents
even thogh doing so "o!d be a vio!ation right to privacy. We e(p!ained ho"
student1
student1
student1
student1
student1
Rrrrrrrrrrrrrrr
17
she is re!ctant to share infor*ation abot her private parts "ith those other than her
*edica! providers. ,n addition, her records "o!d fa!! into the pb!ic do*ain if the O#5,
defined co*p!aint path"ay 0to the schoo! board and beyond3 is i*p!e*ented.

Moreover, or daghterCs doc*ents "ere not necessary for the district to nderta6e
the *andatory independent investigation re<ired by 8it!e ,A. #he *et the
preponderance of evidence standard re<ired by 8it!e ,A. 7rther*ore, her *edica!
records are irre!evant to an investigation of the chaperoning procedres sho!d have
occrred.

)everthe!ess, to address the districtCs *isp!aced e*phasis 0denying rape to avoid
!iabi!ity3, "e provide a*p!e *edica! infor*ation fro* *!tip!e sorces to confir* se(a!
assa!t. 8his infor*ation pts to rest the assai!antCs ta!e of consensa! se( that the
schoo! district adopted??to avoid !iabi!ity and the i*p!e*entation of 8it!e ,A
re<ire*ents.

8o protect or daghterCs privacy rights, "e redacted parts of her na*e, her birth date,
and infor*ation not re!evant to the districtCs in<iry. #i*i!ar!y, the district provided on!y
the assai!antCs discip!inary records dee*ed re!evant to se(a! assa!t sch as being
sspended for having se( on ca*ps. 7o!!o"ing the districtCs e(a*p!e, "e provide those
e(cerpts fro* the *edica! records that pertain to the )ov. + 2012 rape.

student1
student1
RCW42.56.360(2)
18

student1
student1
student1
student1
student1
student1
RCW42.56.360(2)
19

=ega! definition of #e(a! .ssa!t in Washington-
1. =ega! definition of se(a! assa!t in Washington, e(cerpted here fro*
http-KK"""."o*ens!a".orgK!a"sTstateTtype.phpQidV@03WstateTcodeVW.Fcontent?
1>318

1)onconsensa!2 *eans that yo did not free!y agree to the se(a! condct or
penetration.X ,f yo 1agreed2 to the se(a! contact becase yo "ere being threatened
"ith physica! har*, for e(a*p!e, that "o!d not be considered that yo 1free!y agreed2
to the contact.

#e(a! condct is "hen the offender-
toches or fond!es yor genita!s, ans, or breasts, inc!ding throgh c!othingJ
disp!ays hisKher genita!s, ans, or breasts for the prposes of arosa! or se(a!
gratificationJ
forces yo to toch hisKher genita!s, ans, or breastsJ
forces yo to toch another personOs genita!s, ans, or breastsJ
forces yo to disp!ay yor genita!s, ans, or breasts for the prpose of se(a!
gratificationJ
toches the body 0c!othed or nc!othed3 of a chi!d nder the age of thirteen for the
prposes of se(a! gratification or arosa!J or
forces a chi!d nder the age of thirteen to toch or fond!e 0inc!ding throgh c!othing3
hisKher genita!s, ans, or breasts.XX
#e(a! penetration is-
any contact bet"een the se( organ or ans of one person by
an obMect, or
the se( organ, *oth or ans of another personJ or
student1
student1
student1
RCW42.56.360(2)
20
any intrsion into the se( organ or ans of one person by
any part of the body of another person, or
any ani*a!, or
any obMect.XXX
)ote- 8here does not have to be se*en fond to prove se(a! penetration. XXX

2. Washington #tate #tattes. 8he assai!ant *et the standard for-
R&W B..>>.0:0 Rape in the second degree. #ee 1a
R&W B..>>.0@0 Rape in the third degree. #ee 1a
R&W B..>>. 010 $efinitions re!evant to the assa!t. #ee 1,2, @,+

R&W Ba.>>.0:0
Rape in the second degree.

013 . person is gi!ty of rape in the second degree "hen, nder circ*stances not
constitting rape in the first degree, the person engages in se(a! intercorse "ith
another person-

0a3 4y forcib!e co*p!sionJ

0b3 When the victi* is incapab!e of consent by reason of being physica!!y he!p!ess or
*enta!!y incapacitatedJ

0c3 When the victi* is a person "ith a deve!op*enta! disabi!ity and the perpetrator is
a person "ho is not *arried to the victi* and "ho-

0i3 Has spervisory athority over the victi*J or

0ii3 Was providing transportation, "ithin the corse of his or her e*p!oy*ent, to the
victi* at the ti*e of the offenseJ

0d3 When the perpetrator is a hea!th care provider, the victi* is a c!ient or patient,
and the se(a! intercorse occrs dring a treat*ent session, cons!tation, intervie", or
e(a*ination. ,t is an affir*ative defense that the defendant *st prove by a
preponderance of the evidence that the c!ient or patient consented to the se(a!
intercorse "ith the 6no"!edge that the se(a! intercorse "as not for the prpose of
treat*entJ

0e3 When the victi* is a resident of a faci!ity for persons "ith a *enta! disorder or
che*ica! dependency and the perpetrator is a person "ho is not *arried to the victi*
and has spervisory athority over the victi*J or

0f3 When the victi* is a frai! e!der or v!nerab!e ad!t and the perpetrator is a person
"ho is not *arried to the victi* and "ho-
21

0i3 Has a significant re!ationship "ith the victi*J or

0ii3 Was providing transportation, "ithin the corse of his or her e*p!oy*ent, to the
victi* at the ti*e of the offense.

023 Rape in the second degree is a c!ass . fe!ony.

R&W B..>>.0@0
Rape in the third degree.

013 . person is gi!ty of rape in the third degree "hen, nder circ*stances not
constitting rape in the first or second degrees, sch person engages in se(a!
intercorse "ith another person, not *arried to the perpetrator-

0a3 Where the victi* did not consent as defined in R&W B..>>.0100+3, to se(a!
intercorse "ith the perpetrator and sch !ac6 of consent "as c!ear!y e(pressed by the
victi*Os "ords or condct, or

0b3 Where there is threat of sbstantia! n!a"f! har* to property rights of the
victi*.

023 Rape in the third degree is a c!ass & fe!ony.

R&W B..>>.010 0e(cerpted3
$efinitions.

.s sed in this chapter-

013 N#e(a! intercorseN 0a3 has its ordinary *eaning and occrs pon any
penetration, ho"ever s!ight, and

0b3 .!so *eans any penetration of the vagina or ans ho"ever s!ight, by an obMect,
"hen co**itted on one person by another, "hether sch persons are of the sa*e or
opposite se(, e(cept "hen sch penetration is acco*p!ished for *edica!!y recogniLed
treat*ent or diagnostic prposes, and

0c3 .!so *eans any act of se(a! contact bet"een persons invo!ving the se( organs of
one person and the *oth or ans of another "hether sch persons are of the sa*e or
opposite se(.

22
023 N#e(a! contactN *eans any toching of the se(a! or other inti*ate parts of a
person done for the prpose of gratifying se(a! desire of either party or a third party.

033 NMarriedN *eans one "ho is !ega!!y *arried to another, bt does not inc!de a
person "ho is !iving separate and apart fro* his or her spose and "ho has fi!ed in an
appropriate cort for !ega! separation or for disso!tion of his or her *arriage.

0>3 NMenta! incapacityN is that condition e(isting at the ti*e of the offense "hich
prevents a person fro* nderstanding the natre or conse<ences of the act of se(a!
intercorse "hether that condition is prodced by i!!ness, defect, the inf!ence of a
sbstance or fro* so*e other case.

0:3 N5hysica!!y he!p!essN *eans a person "ho is nconscios or for any other reason is
physica!!y nab!e to co**nicate n"i!!ingness to an act.

0@3 N7orcib!e co*p!sionN *eans physica! force "hich overco*es resistance, or a
threat, e(press or i*p!ied, that p!aces a person in fear of death or physica! inMry to
herse!f or hi*se!f or another person, or in fear that she or he or another person "i!! be
6idnapped.

0+3 N&onsentN *eans that at the ti*e of the act of se(a! intercorse or se(a!
contact there are acta! "ords or condct indicating free!y given agree*ent to have
se(a! intercorse or se(a! contact.

DRe*ainder is irre!evant to the assa!t that occrredE

8. #eatt!e #choo! $istrictCs &ode of 5rohibited 4ehavior '?21:. 8he assai!ant *et the
districtCs standard for se(a! assa!t by his o"n ad*ission to the 74, investigators 0see
)5# #pp!e*enta! ,ncident Report pdf. :J he a!so *et the standard "hen he to!d Mr.
Ho"ard on )ove*ber +, 2012 that or daghter to!d hi* to stop, and *et the standard
"hen he confessed to Mr. Kaiser.3

'?21: #e(a! .ssa!t 13
#e(a!!y assa!ting or ta6ing indecent !iberties "ith another person. XXXX X
#e(a! assa!t inc!des n"anted toching or grabbing of se(a! parts, indecent
e(posre, sing force to engage in intercorse, ora! se(, or other se(a! contact,
Npantsing behavior by other than e!e*entary?age stdents1>, engaging in intercorse
or ora! se( "hether or not the other person c!ear!y refses or does not have the *enta!
or physica! abi!ity to consent. #e(a! assa!t does not inc!de incidenta! toching n!ess
it is f!agrant, prposef!, or repeated.
. stdent "ho is !ong?ter* sspended for vio!ation of #e(a! .ssa!t "i!! be re<ired to
participate in appropriate conse!ing for se(a! *isbehavior, at parent e(pense, at an
23
agency providing sch conse!ing or therapy. 8his is not the sa*e as b?*od conse!ing
and is not provided as part of the Reentry 5rogra* crric!*.
13 ;io!ation of this offense *ay re<ire enro!!*ent in another appropriate $istrict?
approved progra*.

.bot the .ssai!ant D#tdent 2E 05df.:3

1. 8he assai!antCs prior discip!inary records 10K30K10 "ere provided by the district as
re!evant to this in<iry. Records provided by the district state the assai!ant "as
previos!y e*ergency e(c!ded and sspended for 1!e"d condct2 after having se(a!
intercorse on schoo! property dring the !nch period in *idd!e schoo! on 10.30K10. He
"as e*ergency e(c!ded as a danger to hi*se!f Kothers and re<ired to co*p!ete a
safety assess*ent. He "as not *ere!y sspended bt e*ergency e(c!ded as "e!!.

8hs, this 2010 incident acta!!y co!d have been a se(a! assa!t for obvios reasons-
he "as discip!ined as a danger 0not *ere!y sspended3 and he "as re<ired to co*p!ete
a safety assess*ent. Was the *idd!e schoo! gir! too scared to report the assa!tQ

&rios!y the district reported the 2010 incident as 1!e"d condct2 as it a!so did "hen
or daghter "as se(a!!y assa!ted. We a!so 6no" that the district on!y discip!ined the
assai!ant for 1!e"d condct2 "hen he acta!!y raped or daghter, so his prior vio!ation
co!d have a!so been se(a! assa!t, partic!ar!y becase he "as e*ergency e(c!ded
and re<ired to attend a safety assess*ent.

8his is re!evant becase- 13 the district covered p se(a! assa!t in or daghterCs case
23 the assai!ant *ay have assa!ted another gir! bt it s!id by as consensa! 1!e"d
condct2 33 the district sho!d have investigated to f!fi!! the stip!ation on the
assai!antCs )ov. 2012 discip!inary record that 1this ti*e co!d be e(tended in !ie DsicE of
additiona! ti*e needed for frther investigation,2 and 1investigation ongoing for
additiona! infor*ation and evidence.2

8he district both fai!ed to e(tend the sspension and to see6Kad*it obMective
infor*ation that "o!d have confir*ed the assa!t. ,nstead, it *ere!y 1boght2 the
assai!antCs ta!e of consensa! se( to e(cse its neg!igent chaperoning and !iabi!ity.

2. ;io!ation of '?21: and discip!ine. 8he assai!ant ad*itted to '?21: to the principa! on
)ov. +, 2012 "hen he stated that hi* to stop. 0see 1'(hibit )o,2 pdf :3. ,f it "ere
tr!y consensa!, she "o!d not have to!d hi* to stop. 4y so ad*itting, the assai!ant
*et the definition of se(a! assa!t, '?21: of the districtCs &ode of 5rohibited 4ehaviors.
8he principa! a!so 6ne" or daghter "as treated in the e*ergency roo* for rape on
)ov. +, 2012. ,n the assai!antCs sbse<ent report to the )5# and district, he detai!ed
ho" he assa!ted her, *oving on to *ore invasive behaviors.
student1
24

8o cover p the assa!t and !iabi!ity, the district did not discip!ine hi* for se(a! assa!t.
He "as on!y discip!ined for 1!e"d condct.2

Had the assai!ant been discip!ined for se(a! assa!t, he "o!d have received a steeper
sanction than he received according to the districtCs discip!inary codes, paving the "ay
for or daghterCs retrn to schoo!. ,n addition, he co!d have received so*e for* of
therapy to address his history of se(a! vio!ence.

.ccording to the Kaiser Report the assai!ant a!so has been discip!ined for other offenses.
8hese *ay be indirect!y re!evant to the assa!t, especia!!y if he had a history of drg se
that "o!d affect his Mdg*ent.

Or daghter has no discip!inary recordsJ she "as not even fond gi!ty of consensa!
se( on the )ove*ber 2012 fie!dtrip even thogh the assai!ant "as, frther
de*onstrating that the district 6ne" she "as assa!ted.

8he assai!antCs discip!ine has i*portant i*p!ications-

a3 4ecase the district deter*ined the assai!ant engaged in 1!e"d condct,2 "hich is
consensa! activity, or daghter *st have a!so engaged in 1!e"d condct.2 Had she
been gi!ty of 1!e"d condct,2 her records "o!d have borne that discip!ine, "hether or
not she retrned to schoo!. Ho"ever, she has no sch *ar6 on her record. 8hatCs
becase the district 6ne" she "as raped and therefore did not discip!ine her for 1!e"d
condct.2

b3 8he district "o!d not ac6no"!edge that a se(a! assa!t occrred. Why notQ 7or
reasons of !iabi!ity and becase the assai!ant is a!so a pop!ar p!ayerKva!ed
ath!ete.

3. 8he assai!antCs )ove*ber 20, 2012 o"n testi*ony to )ationa! 5ar6s #ervice
#pp!e*entary ,ncident Report, )ove*ber 20, 2012. Here he ad*its that or daghter
to!d hi* severa! ti*es to stop toching her bt he contined "ith yet *ore aggressive
probing of her body. 8he assai!antCs bogs ta!e *a6es no sense- that after or daghter
to!d hi* to stop fingering her vagina that he then pt his penis in insteadJ that after she
to!d hi* to stop ptting his penis in her vagina that he "o!d contineJ this *a6es no
sense n!ess he "as bent on raping her, "hich he "as, and a!so bent pon sodo*iLing
her, "hich he did. 4y his o"n ad*ission he *et the standard for rape in the second and
third degrees.

8he assai!ant attribtes bogs state*ents to abot her a!!o"ing this to happen
0Mst as he !ied to Mr. Kaiser and to the principa!, saying, for e(a*p!e, that they "ere
1*a6ing ot2 and she 1didnCt see* pset "ith hi*23 0see 1)5# '(hibit )o2 pdf. :3.

student1
25
)ote a!so ho" the assai!ant, a*ong his *any !ies, c!ai*s "as in his roo* Monday
night fro* 11?3 .M. Ret in his report to the schoo! district, he states they never *et
Monday night.

&o*pare a!so the assai!antCs co**ents state*ents in the )5# report abot or
daghter 1ta6ing2 accidenta! ana! se( "ith his re*ar6s in the Kaiser Report ho" yong
"o*en repeated!y refsed to co*p!y "ith his re<ests for ana! se(. He 6ne" that the
!i6e!ihood of a fe*a!e having ana! se( "o!d be s!i* to ni!, so his c!ai* that or daghter
1too6 it2 is an e(cse to Mstify "hat he described to the district as 10 *intes of ana!
se( sing "ater as a !bricant. 8o Mstify his behavior he attribtes *oans of
pain as *oans of p!easre to confer consent, even after she to!d hi* at !east three ti*es,
according to his )ove*ber accont, to stop toching and penetrating her. &o*pare
"ith accont of the rape in pdf. 2.

8he )5# #pp!e*enta! Report a!so states that the assai!ant and his 1eye"itness2 friend
discssed the incident and the 1eye"itness2 stated he "o!d cover for the assai!ant
saying he 1had his bac62 0see end of assai!antCs testi*ony3.

>. )5# narrative '(hibit entit!ed 1)5# '(hibit )o2 detai!s ho" the assai!ant confessed to
principa! 8ed Ho"ard the evening of )ove*ber +, 2012 saying that to!d hi* 1no2
after he initiated se(. Mr. Ho"ardCs fai!re to accept that she "as !i6e!y raped is
discssed at !ength above.

:. 1)5# '(hibit )o2 describes ho" the assai!ant "as shoc6ed and <iet abot ne"s of
the rape circ!ating a*ong stdents on the bs ride ho*e. 8his *a6es sense in !ight of
state*ent 0pdf. 23 that she to!d the assai!ant, "ho* she regarded as a friend
prior to the rape, that she "o!d 1cover2 for hi* raping her Dbecase he begged her not
to te!!, becase she "as terrified of the repercssions, becase she "as in shoc6, a*ong
*any reasonsE, bt that she "o!d have to te!! that she "as raped. 0see pdf. 23

8he assai!antCs sitationK"ithdra"n de*eanor hard!y depicts one "ho participated in
p!ayf! consensa! se(, as he c!ai*ed. He "as in trob!e and c!ever!y !ied his "ay ot of
it "ith a bogs ta!e of consensa! se( "hich he re!ayed to the principa!, the )ationa!
5ar6 #ervice investigators, and !ater to the districtCs investigator, Mr. Kaiser 0to "ho* he
presented a great!y revised ta!e??o"ing to the *onths that e!apsed before the district
co**enced its investigation3. )everthe!ess, in each case he sti!! *et the criteria for
se(a! assa!tKrape in the second and third degree.

@. #ee screenshots reconting discssion bet"een the assai!ant and sent to
Mr. Ho"ard and )5# ,nvestigators on $ec. 22, 2012.

+. .ssai!antCs 7aceboo6 5osts describes a chronic !iar "ho dpes gir!s- see be!o".

student1
student1
student1
student1
student1
student10
26
8he assai!ant groo*ed and dped or daghter, in "ho* he ad*itted a ro*antic
interest "hi!e 6no"ing she "as not interested in hi*J he p!ayed pon her sy*pathy to
hear his ta!es of "oe in his cabin, and then caMo!ed her into p!aying a ga*e "ith hi* in
his roo*.

Ho" co!d or daghter i*agine that she "o!d be raped by a c!ass*ate, !et a!one in a
roo* "ith c!ass*ates presentQ Moreover, "hy "o!d or daghter go to a roo* "ith
c!ass*ates to engage in 1consensa! se(2 "hich co!d have easi!y occrred private!y
otside o"ing to the !a( chaperoningQ .s doc*ented in varios sorces, she visited
"ith the assai!ant to provide friendship and e*otiona! spport for his prob!e*s.

Ho"ever considering ho" the assai!ant "as previos!y sspended for having se( on
schoo! property, it appears he had no hesitation having se( in another schoo! governed
setting.

&o*pare ho" the assai!ant !red ot daghter to hear his prob!e*s before assa!ting
her "ith his attached 7aceboo6 screenshots in "hich he posts advice-

1.ct =i6e . gent!e*an bt fc6 her !i6e an ani*a!.2 0#ept. 1:, 20133

&o*pare ho" he tric6ed 0detai!ed in her hand "ritten testi*ony of a ga*e he
initiated3 "ith his /!y 23 74 post abot dping a gir! one is interested in.

&onsider ho" he posts on 7aceboo6 se(a!!y driven *ateria! fro* a site he ad*ires
ca!!ed 1#e( and Weed2 asserting that it 1.inCt #hit if itCs not bet"een the !egs of a =oya!
Wo*an.2 0#ept 1: 74 post3

&onsider ho" the assai!ant describes hi*se!f as a chronic !iar, a person "ho does 1d*b
shit2 "ith no e(p!anation, a person "ho advocates treating "o*en !i6e ani*a!s, etc.
His 7aceboo6 posts-

74 .gst 8 ad*its being a chronic !iar

74 .gst 18th ad*its doing Nd*b shitN "ithot any e(p!anation. D&o*pare "ith
typed response to the )5# and Kaiser Reporst, pdf 2, "here the assai!ant said he
didnCt 6no" "hy he raped herE.

74 .g 18 screen shot "here he posts that one sho!d N#!ap 8hat 4itch, HardN "hich
apparent!y confers an absive attitde.

74 /!y 23 =aghs ot !od 0=O=3 and describes a devios *ethod to get access to a gir!
yo !i6e.

student1
student1
27
74 #ept 1: N.ct =i6e . gent!e*an bt fc6 her !i6e an ani*a!N

74 #ept 1: N.int #hit if itOs not bet"een the !egs of a !oya! "o*anN

8. 8he assai!ant "as interested in ana! se(. 8he e(hibit entit!ed 1)5# report page : of B2
0pdf. :3 states ho" #noo6a! discip!ined the assai!ant 0see !ength of redaction !ine3 for
ta!6ing abot ana! se(. #ee Kaiser ReportCs s6eptica! vie" that the assai!ant co!d get
or daghter to co*p!y "ith ana! se(, a!thogh the assai!ant reported she did. &o*p!y.
He sodo*iLed her for 10 *intes, he ad*itted to Mr. Kaiser. 0#ee re*ar6s to
*edica! providers pdf. > a!so indicating that the assa!t !asted 10 *intes3.

&orrespondence "ith 5rincipa! 8ed Ho"ard $oc*enting =ies and 7ai!re to &onsider
or .c6no"!edge 8hat an .ssa!t Occrred 0pdf. @3

1. 1'(hibit )o2 0pdf :3 confir*s that the principa! 6ne" to!d the assai!ant to stop.
Mr. Ho"ard sho!d have considered that a report of 1no2 *eans non?consensa! se(
co!d have occrred. Mr. Ho"ard chose not to e(p!ore that possibi!ity becase it "as
inconvenient and raised the isse of !iabi!ity. ,nstead he chose to be!ieve the assai!antCs
story even thogh the assai!ant had a!ready been discip!ined for inappropriate se(a!
activity on schoo! property.

2. '*ai! fro* parents of )ov. 8, 2012 concerning safety and reta!iation.

3. '*ai! thread fro* Mr. Ho"ard 11K8 ?11K10K2012. Mr. Ho"ard says he "i!! not be
invo!ved, then e*ai!s that "e 1differ2 or <estions to the 5ar6s $epart*ent D"hich
had no Mrisdiction over the schoo! environ*entE.

>. 5arentsC e*ai! of )ove*ber B, >-02 5M. 5arents s**ariLe previos conversation
"ith the principa! regarding his denia! of infor*ation previos!y given. NWhen "e
receive conf!icting infor*ation, it cases s to <estion the re!iabi!ity of the infor*ation
yo give s. 8his !eads s to fee! that "e are not "or6ing together in the *ost
transparent and constrctive *anner possib!e.N

We are not as6ing yo for frther infor*ation abot the sspects. 8he conversation
abot a restraining order 8hrsday .M ste**ed fro* the state*ent that a yoth had
confessed Nhaving se(N "ith 8here "o!d be no reason to restrain a non?entity. ,
hope this c!arifies any confsion.

D.s detai!ed above- Mr. Ho"ardCs !ie is verified in the 5ar6s $epart*ent ReportE. 8he
report states ho" the assai!ant confessed to so?ca!!ed 1consensa! se(2 to Mr. Ho"ard
i**ediate!y pon retrning fro* the fie!dtrip. When spo6e Mr. Ho"ard, he
6ne" fro* the previos evening that the assai!ant ad*itted to vio!ating the districtCs
student1
student1
student1
rrrent
28
&ode of 5rohibited 4ehavior. Mr. Ho"ard e*ergency e(c!ded this assai!ant bt !ied
"hen he !ater said no one ad*itted to having se( "ith or daghter.

Mr. Ho"ard a!so refsed to infor* the victi* of the sanction he *eted ot, as re<ired
by 8it!e ,A. Had Mr. Ho"ard done so, co!d have retrned to schoo!, res*ed her
edcation, and dea!t "ith the assai!antCs *a!icios r*ors.E

@. '*ai! of 3K>K2013 verifying that the principa! had !ied to parents, as verified
by the )5# report 05df. :3.

8it!e ,A ;io!ations 05df. +3

1. Refer to the 9# $epart*ent of 'dcation Office 7or &ivi! Rights $ear &o!!eage =etter
for 8it!e ,A re<ire*ents.

http-KK"""."hitehose.govKsitesKdefa!tKfi!esKdearTco!!eageTse(a!Tvio!ence.pdf

.!so see 5df. 11 0correspondence "ith the schoo!3 that e(tensive!y discsses 8it!e ,A,
partic!ar!y after O#5, infor*ed parents on .pri! 1:, 2013 that 8it!e ,A rights sho!d
have been i*p!e*ented i**ediate!y after the )ove*ber +, 2012 assa!t occrred 0see
a!so pdf. +, .pri! 1: e*ai! fro* attorney #echrist3.

2. #ee &orrespondence thread "ith 5a! .post!e, the 8it!e ,A officer "ho fai!ed to a!ert
victi* of 8it!e ,A rights. When as6ed abot rights, .post!e refsed to infor* s 0pdf. +3.

)ote- i**ediate!y after reporting the rape, the districtCs 8it!e ,A officer "as re<ired to
reach ot "ith resorces avai!ab!e to or daghter, O#5, infor*ed s after it "as
necessary to esca!ate or co*p!aint. )o 8it!e ,A officer ever reached ot to s. When
as6ed, Mr. .post!e, the 8it!e ,A officer, "o!d not provide infor*ation 0see pdf. +3.

,n addition, the district fai!ed to condct the re<ired investigation concrrent!y "ith
the cri*ina! investigation 0as detai!ed in the opening doc*ent 1Response to $raft
,nvestigative Report 5repared by Kaiser3. ,t fai!ed to ta6e pro*pt *easres to address
reta!iation, safety, and, harass*ent, and it fai!ed to provide continity in her
edcation, a*ong other da*aging fai!res.

3. 8he schoo! district atte*pted to avoid !iabi!ity for this se(a! assa!t and for its fai!re
to i*p!e*ent 8it!e ,A rights i**ediate!y fo!!o"ing the 11K+K12 report of rape by
disregarding the preponderance of evidence standard that i**ediate!y triggers 8it!e ,A.
8he district disingenos!y ignored that "ent to the hospita! i**ediate!y after
infor*ing the teachers she "as raped. ,t ignored the assai!antCs )ove*ber +, 2012
ad*ission that she to!d hi* 1no2 after he began intercorse. ,t ignored her physicianCs
student1
student1
student1
rrrent
29
pro*pt re<est to
. ,t ignored the fact that the district
<a!ified her for on the basis of 58#$ and rape 0see
#choo! $istrict Re<est for .ssign*ent Re!ated .cco**odation3. ,nstead of abiding by
the preponderance of evidence standard the district sha*e!ess!y de*anded that the
victi* provide proof that she "as raped "hen she *et the standard for 8it!e ,A rights-

8hs, in order for a schoo!Cs grievance procedres to be consistent "ith 8it!e ,A
standards, the schoo! *st se a preponderance of the evidence standard 0i.e., it
is *ore !i6e!y than not that se(a! harass*ent or vio!ence occrred3H8herefore,
preponderance of the evidence is the appropriate standard for investigating
a!!egations of se(a! harass*ent or vio!ence. 0$ear &o!!eage =etter3

Regarding reta!iation and sanctions- Reta!iation against a victi* "ho reports se(a!
assa!t *st be prevented by the schoo!. %arfie!d did not address this 8it!e ,A
re<ire*ent.

1. We previos!y referenced correspondence "ith 5rincipa! 8ed Ho"ard 0see e*ai!s
"ith 8ed Ho"ard )ove*ber 8 ?10, 2012 and O#5, .pri! 1:, 20133. 5arents repeated!y
e(pressed concerns abot safetyKreta!iation. Ho"ard refsed to infor* s of sanctions
sch as the assai!antCs e*ergency e(c!sion. ,nstead the district ad*itted *eting ot
this sanction *onths !ater "hen it served no prpose. ,f had been infor*ed on
)ove*ber 8, 22012 "hen as6ed abot her safety, she co!d have retrned to schoo!.
,nstead, Ho"ard "rote that "e sho!d NdifferN a!! <estions to the investigators D"ho
had no Mrisdiction over the schoo! environ*entE. #ee pdf. @.

2. &orrespondence fro* O#5, attorney &a!endra #echrist dated .pri! 1:, 2013 sho"s
ho" schoo! fai!ed to provide basic services. #ee 1,n addition, schoo!s sho!d ensre that
co*p!ainants are a"are of their 8it!e ,A rights and any avai!ab!e resorces, sch as
conse!ing, hea!th, and *enta! hea!th services, and their right to fi!e a co*p!aint "ith
!oca! !a" enforce*ent.2

3. Reta!iation "as occrring yet the schoo! did nothing to prevent this. 7or e(a*p!e, the
assai!ant reta!iated by spreading r*ors in the schoo! environ*ent that or daghter
1greeLed2 hi* 0%reeLed *eans 1fra*ed2 1se(ed2 #ee 9rban $ictionary.3 8he assai!antCs
74 post entit!ed 1greeLed2 doc*ents ho" he spread this infor*ation on the internet.

>. /anary @, 2103 chat "ith "ho reports ongoing r*ors spread by the
assai!ant and response to hearing this infor*ation.

:. '*ai! of /ne 22, 2013 to the #eatt!e #choo! 4oard regarding vio!ation of 8it!e ,A rights
"ith 5a! .post!e.

student1
student1
RCW42.56.360(2)
rrRrr
student11
30
@. Medica! Record

and #5# doc*ents 05df 83

student1
student1
RCW42.56.360(2)
rrRrr
rrRrr
31

#e!ected &orrespondence "ith the #choo! 4oard 05df. B3

5arentsC e*ai!s of /ne 10, 13, 22, 2@, /!y : addressing Mr. 'ng!ishCs ad hoc po!icies
stating se( *ay occr on fie!dtrips in the conte(t of appropriate chaperoning, the
#perintendentCs fai!re to fo!!o" the co*p!aint path"ay, the absence of accontabi!ity
on the part of the schoo! board, the districtCs fai!re to i*p!e*ent 8it!e ,A re<ire*ents,
fie!dtrip po!icy, etc. #choo! board fai!ed to provide an independent response bt instead
trned the correspondence over to the sbMect of the co*p!aint, Mr. 'ng!ish.
'*ai! of May 28 fro* &a!endra #echrist, O#5, attorney, stating that #perintendent
4anda fai!ed to provide the appropriate response- 1'ven if #perintendent 4anda did
designate Mr. 'ng!ish to respond on his beha!f, ho"ever, , do not see that Mr. 'ng!ish
inc!ded a!! of the re<ired co*ponents "ithin his response. 7or e(a*p!e, , have not
seen any response fro* Mr. 'ng!ish that inc!des yor right to appea! his decision to the
schoo! board, and "here and to "ho* the appea! *st be fi!ed.2
5arents obMect to schoo! district and schoo! board that Mr. 4anda is th"arting the
appea! process by fai!ing to provide the re<ired infor*ation. 0see e*ai!s in pdf. B3.

Other- &ri*e ;icti*s stats, se!ected references for prior to rape
05df.103

1. Recognition of &ri*e ;icti* #tats by #tate of Washington $epart*ent of =abor and
,ndstries &ri*e ;icti* &o*pensation 5rogra*. =etter affir*s cri*e victi* stats. 1,
have a!!o"ed this cri*e inMry c!ai*,2 and 18his c!ai* is a!!o"ed for benefits as provided
by the &ri*e ;icti*s .ct for a cri*e that occrred on 11K0@K12.2

)ote that as indicated on &ri*e ;icti* correspondence, the #tate of Washington
<a!ified or daghter as a victi* after conferring "ith &!a!!a* &onty ;KM 5rogra*
director and prosector.

We infor*ed the schoo! district in or March 2013 co*p!aint that or daghter had
been granted cri*e victi* stats by the #tate of Washington. Rather than accepting
this as yet *ore evidence that she had been assa!ted, the schoo! district, throgh Mr.
'ng!ish, de*anded proof by re<esting this privacy protected doc*ent, even thogh
"e previos!y stated that a!! or assertions co!d be sbstantiated. Mr. 'ng!ish then
tried to dis*iss this evidence by fa!se!y asserting that &ri*e ;icti*s is a se!f?e!ecting
progra*. .!thogh the criteria for <a!ifying is "ide!y avai!ab!e on the internet, Mr.
student1
rrRrr
32
'ng!ish tried to deva!e the i*portance of &ri*e ;icti*s stats in his effort to disprove
"as assa!ted so he co!d re!ieve the district of !iabi!ity.

2. ,nner &hange state*ent of .gst 21, 2013 indicating "e paid Y:1,+:0 for residentia!
treat*ent. ,n addition to ta6ing ot a !oan for this therapy, "e paid Y>,1:0 to
'dcationa! &onnections for cons!tationKp!ace*ent services "hen edcationa!
options cr*b!ed, a*ong *any other e(penses associated "ith the )ove*ber 2012
assa!t.

3. .bot
a3 =etter of May 12, 2012 fro* =indsey Harris, 5rogra* and Otreach $irector of #eatt!e
Msic 5artners. 8he !etter attests to or daghterCs dedication and co*petency as the
to an econo*ica!!y disadvantaged stdent.

b3 October 1:, 2012 =etter fro* Kintea 4ryant, )atre &a*p $irector of #eatt!e
.dbon, attesting to or daghterCs responsib!e participation as a ca*p conse!or for
three "ee6s dring the s**er of 2012.

&orrespondence "ith the #eatt!e #choo! $istrict re #e(a! .ssa!t 0pdf. 113

.nnotated 8i*e!ine- #e!ected 'vents

$oc*entation for ti*e!ine events appears in the attached pdfs.

#epte*ber 2>, 2012. $isregard for ti*e!ines foreshado"s the haphaLard approach to
p!anningKchaperoning that a!!o"ed a se(a! assa!t to occr. 8his inc!des- principa!Cs
fai!re to athoriLe any *a!e chaperone, fai!re to screen chaperones, the
teachersCKchaperonesC ad*ission that they never read the fie!dtrip procedres, fai!re to
athoriLe a!! yong chi!dren in the teachersC charge, fai!re to obtain signed per*ission
s!ips, etc. BK2>K12 chec6!ist gives pre!i*inary athoriLation for the trip. 8his "as to
occr three *onths in advance, "hich is .gst :. 8eachers and staff "ere avai!ab!e
prior to #epte*ber 2>
th
to e(ecte this doc*ent. 8he principa!Cs and teachersC fai!res
to fo!!o" critica! dead!ines had e(tre*e repercssions.

#epte*ber 28, 2012. .ssistant 5rincipa! co*p!eted the verification of bac6grond
chec6s too ear!y. 8his "as to occr > "ee6s before the trip, "hich is October 8
th
. 4y
co*p!eting this too ear!y, the principa! fai!ed to inc!de any *a!e chaperone for the 1>
boys on the trip. 8he *a!e chaperone "as responsib!e for night?ti*e spervision of a!!
the boys.

student1
student1
student1
33
8he !ist he signed a!so fai!ed to inc!de a fe*a!e co!!ege stdent chaperone "ho
participated. #he "as a!so responsib!e for night?ti*e spervision. 8hese chaperones
"ere nidentified, nscreened, never read the chaperone gide!ines, and s!ept on the
Mob "hi!e stdents !eft their cabins both nights. 0see pdf.13

October 1@, 2012. 5rincipa! attested that for each stdent a signed per*ission s!ip "as
retrned. 8his "as to occr one "ee6 before the trip, "hich is October 2B
th
, not on the
1@
th
. When the principa! signed on October 1@
th
, on!y 2 per*ission s!ips had been
signed, according to the doc*ents provided by the district. 8hs the record is fa!se,
becase 5rincipa! attested that each stdent had a per*ission s!ip "hen on!y 2 of the 2+
participants did. 0see pdf 13.

)e(t, had he signed on October 2B
th
, he "o!d sti!! have been *issing those per*ission
s!ips that "ere retrned after October 2B
th
. ,n addition there are b!an6 per*ission s!ips
inc!ded that are perfect!y intact, sho"ing no sign of redaction. Why "erenCt these
signed and datedQ $id the teachers fi!! the* ot in !ie of the parents and insert the*
nsignedQ 8here "ere a!so per*ission s!ips a!so retrned "ith no date.

8his !a(ity is indicative of the chaperonesC attitde that a trip co!d proceed "ithot
fo!!o"ing procedres, "ithot proper chaperone screening, "ithot the chaperones
athoriLing a!! yong chi!dren "ho distracted the* fro* dties, "ithot *a6ing a point
to read to chaperone protoco!s, etc. as detai!ed above.

)ove*ber :?+. %arfie!d High #choo! ta6es 2+ stdents to )atre4ridge for an eco!ogy
progra* on the O!y*pic 5enins!a. 8"o fe*a!e science teachers, #noo6a! and 7in!ey,
organiLe the progra* and bring their yong chi!dren a!ong. On!y one yong chi!d "as
athoriLed to attend. #5# gide!ines discss ho" yong chi!dren are a distraction 0see
pdf.13. 8eachers and their chi!dren s!eep in a separate area and are nab!e to see the
stdentsC t"o adMacent n!oc6ed cabins and so fai!ed to stop the* fro* co?*ing!ing day
and night

8"o fe*a!e chaperones are responsib!e for 13 gir!s in an n!oc6ed cabin "ith otdoor
toi!et faci!ities. On!y one of the t"o chaperones is screened. 8he co!!ege?aged
chaperone is not screened nor does her na*e appear any"here in the prep!anning
doc*ents.

One *a!e co!!ege?aged chaperone is responsib!e for 1> boys for t"o sccessive nights.
He is nscreened and his na*e does not appear in the prep!anning doc*ents.

8hs, t"o of the three chaperones responsib!e for night ti*e spervision are
nscreened and nna*ed prior to the trip.

)one of the teachers or chaperones read the chaperoning agree*ents, the district
"rote in its report. 8"o of the chaperones fai!ed to sign agree*ents "ith the district
34
becase they "ere not athoriLed to attend. )one of the chaperones enforced the r!es
that they re<ired the stdents to sign sch as staying ot of each otherCs cabins.
.pparent!y none of the chaperones signed )atre4ridge chaperone agree*ent. 0see
pdf.13

)ove*ber @, 2013 #tdents arrive at )atre4ridge and are a!!o"ed to free!y co?*ing!e
in each otherCs adMacent cabins in vio!ation of the code of condct %arfie!d 8eachers had
the* sign. )o effort "as *ade to *onitor or contro! co*ing and going according to the
Kaiser Report. &haperones did not contact )atre4ridge staff for he!p a!thogh they
"ere avai!ab!e. )o effort "as *ade to re*edy the sitation the ne(t night "hen or
daghter "as raped.

)ove*ber +, 2012. is rapedKsodo*iLed at )atre4ridge by a c!ass*ate so*eti*e
after *idnight. #he and transported to O!y*pic Medica! &enter '*ergency Roo* by
)atre4ridge staff the ne(t *orning. 5arents are notified arond 11 .M and rsh to the
O!y*pic 5enins!aJ they retrn arond *idnight "ith

)ove*ber +?8. 8it!e ,A sho!d have been i*p!e*ented the *o*ent se(a! assa!t is
reported. ,t "as never i*p!e*ented.

)ove*ber 8. )atre4ridge infor*s victi*Cs parents that chairs sed to go in and ot of
cabin "indo"s at night "ere fond !ying arond otside the boysC and gir!sC adMacent
cabins.

)ove*ber. 8, 2012. 5arent has a !ong discssion "ith 5rincipa! 8ed Ho"ard in "hich he
ad*its a stdent 1ca*e for"ard and ad*itting having consensa! se(.2 8he assai!ant
ad*itted to Mr. Ho"ard that to!d hi* to stop, so Mr. Ho"ard sho!d have
considered that she "as raped. 5arent re*inds 5rincipa! that "as assa!ted and
sb*itted a rape 6it the day of the assa!t. 5arent as6s abot sanctions against the
assai!ant and precations that "o!d a!!o" to retrn to schoo!. Mr. Ho"ard says
he "i!! not be invo!ved, then e*ai!s that "e 1differ2 or <estions to the 5ar6s
$epart*ent D"hich has no Mrisdiction over the schoo! environ*entE 0see pdf.@3

)ove*ber B, 2012. )ove*ber B. 5arents ca!! Mr. Ho"ard to as6 abot providing
protections. He no" retracts his state*ent that a stdent ad*itted to having se( "ith
He no" says a stdent 1on!y ca*e for"ard "ith infor*ation.2 #hoc6ed by this
reversa!, parents s**ariLe a conversation "ith the principa! e(pressing concerns
abot safetyKreta!iation, etc. 5arents correspond "ith Mr. Ho"ard abot this !ie and
the !oss of confidence in hi* as her daghterCs principa!. 8his !ie destroyed or "or6ing
re!ationship "ith Mr. Ho"ard. 0see pdf. @3

)ove*ber B, 2012. 8he schoo! fai!ed to i*p!e*ent 8it!e ,A rights inc!ding its
responsibi!ity to infor* the victi* of sanctions *eted ot to the perpetrator.

student1
student1
student1
student1
student1
student1
35
,nstead of te!!ing s on )ove*ber 8, 2012, the district ad*itted in .pri! 2013 that the
assai!ant "as i**ediate!y e*ergency e(c!ded and sspended. &!ear!y Mr. Ho"ard
acted on his )ov 8
th
state*ent that a stdent ad*itted to having se( on a fie!dtrip. He
"o!d not have sspended so*eone Mst for 1providing infor*ation.2 8his is frther
verification that the principa! !ied.

Mr. Ho"ardCs !ie is a!so verified in the 74, report 0"hich "e received in 7ebrary 2013.
8he )5# 0)ationa! 5ar6 #ervice3 report 0see pdf. :3 states ho" the assai!ant confessed to
so?ca!!ed 1consensa! se(2 to Mr. Ho"ard i**ediate!y pon retrning fro* the
fie!dtrip. When spo6e to Mr. Ho"ard, he 6ne" fro* the previos evening that
the assai!ant ca*e for"ard and ad*itted to vio!ating the districtCs &ode of 5rohibited
4ehavior. .s detai!ed above, Mr. Ho"ard e*ergency e(c!ded this stdent bt never
infor*ed the victi* of the sanction he *eted ot, as re<ired by 8it!e ,A. Had Mr.
Ho"ard done so, co!d have retrned to schoo!, res*ed her edcation, and
dea!t "ith the assai!antCs *a!icios r*ors.

,**ediate!y after reporting the rape, the districtCs 8it!e ,A officer "as re<ired to reach
ot "ith resorces avai!ab!e to or daghter, O#5, infor*ed s *onths !ater "hen it
"as necessary to esca!ate or co*p!aint. )o 8it!e ,A officer ever reached ot to s.
When as6ed, Mr. .post!e "o!d not provide infor*ation.

)ove*ber 21, 2012. 8eachers "ere to have condcted 1an eva!ation of fie!d trip and
share res!ts "ith principa!. 7or"ard a!! bac6p paper"or6 0a!! re*aining doc*ents not
re<ired at ti*e of #perintendent .pprova!3 to yor '(ective $irector of #choo!s at
the /ohn #tanford &enter.2 0see pdf. 13 )o sch eva!ation "as provided by the district
Ieven after confir*ing that a!! doc*ents srronding the fie!d trip had been provided.
8his eva!ation sho!d have been inc!ded in the districtCs investigation.

)ove*ber 2B, 2012. Mr. Ho"ard fai!s to attend or initia! conference ca!! that "as re?
sched!ed over a "ee6 in advance arond his sched!e.

,n the ensing "ee6s-

7ro* )ove*ber +, 2012 care and advocacy beco*es a f!!?ti*e Mob.

King &ontry &enter for #e(a! .ssa!t assigns a victi*Cs advocate and attorney to or
daghter.

8he #tate of W. =abor and ,ndstries &ri*e ;icti*s &o*pensation 5rogra* deter*ines
or daghter is a victi* of se(a! assa!t.

.ssai!ant posts he "as greeLed 01fra*ed23 and r*ors are reaching she atte*pts
to visit friends after schoo! and is devastated by the reports circ!ated by the assai!ant.
0#ee assai!antCs 7aceboo6 postings, pdf. :, and chats "ith friends, pdf. 83
student1
student1
student1
rrrent
36

Mr. Ho"ard fai!s to participate in or first conference ca!! that "as sched!ed
appro(i*ate!y 10 days in advance arond his sched!e.

.bsent re<ested resorces fro* %arfie!d, parents contact the O*bds*an "ho refers
s to the #afety Office, , the principa!Cs spervisor, etc. O"ing to the
ad*inistrationCs fai!re to provide resorces, "as a!*ost dropped fro* the
district 0"e !earned throgh or initiative after contacting /i!! =e"is. On!y at the !ast
*o*ent, throgh or efforts, did "e !earn abot . 0#ee pdf. 83

'dcationa! acco**odations are contradictory, gross!y *is*anaged, and
nsatisfactory. 0see pdf. 83

)o 8it!e ,A rights are e(tended, as re<ired by federa! stattes.

is

#he is nab!e to participate in the "hich her ,
, arranged to co*p!ete her credit. 7riends co*e to visit her at
ho*e and report ho" the assai!ant has reta!iated by spreading r*ors. 0#ee pdf. 83

5arents correspond continos!y "ith the schoo! district to se!vage credits "hi!e
caring for a chi!d "ho is deep!y da*aged by the assa!t

/anary 13, 2013.

#he fai!s to nderstand that *ere!y transferring to another schoo! "i!!
not re*ove the 58#$ and tra*a "hich sstained on the )ove*ber trip.

/anary 18, 2013. .bsent #eatt!e pb!ic schoo! acco**odations and options, parents
engage an edcationa! cons!tant to se!vage edcation. 8he cost for her services
is Y>,1:0.

/anary 2>, 2013.

Mid? /anary throgh *id? 7ebrary . enters

student1
student1
student1
student1
student1
student1
student1
student1
rrRrr
rrRrr
rrRrr
rrRrr
RCW42.56.360(2)
RCW42.56.360(2)
37
7ebrary +, 2013 '*ai! to O*bds*an again as6ing for rep!y to rgent nans"ered
<estions regarding so!tions "hen or daghter co!d not retrn to o"ing to the
assa!t. 0see pdf. 83

7ebrary 1:, 2013 '*ai! to 5rincipa!, his spervisor 0&oogan3, and O*bds*an "hen
correspondence "as ignored. 0see pdf. 83

7ebrary 2>, 2013.

March :, 2013. 5arents "rite to 5rincipa! 8ed Ho"ard that the )ationa! 5ar6s #ervice
Report verified ho" he !ied on )ove*ber 8. 0see pdf @3

March 13, 2013.

.pri! :, 2013. Ron 'ng!ish states that the districtCs !ongstanding practice is to "ait for a
cri*ina! investigation to end, in direct opposition to 8it!e ,A re<ire*ents. 0see pdf. 113

.pri! +, 2013. Ron 'ng!ish "rote the district "i!! be!ated!y open an investigation :
*onths after the assa!t. 8it!e ,A re<ires an investigation to occr pro*pt!y and
concrrent!y "ith a cri*ina! investigation. Mr. 'ng!ish "i!! not ac6no"!edge this
re<ire*ent bt rationa!iLes that the districtCs po!icy is to "ait nti! an investigation is
co*p!eted. When as6ed, he can not cite any infor*ation to spport this nove!, ad hoc
po!icy. 'ven if Mr. 'ng!ish "ere correct, he too6 no steps to find ot "hen the
investigation finishedJ instead he re!ied on s to infor* hi* throgh or co*p!aint. 0#ee
pdf. 113

.s "as "e!!?6no"n, 74, intervie"s of %arfie!d stdents conc!ded in )ove*ber 2012.
8he district "aited : *onths to begin an investigation and on!y pon or insistence. 4y
"aiting, the district forfeited the opportnity to obtain infor*ation before it "as
co*pro*ised over ti*e. 0#ee parent !etter of #epte*ber +, 2013, fo!!o"ing, detai!ing
ho" the investigation "as co*pro*ised3. Had the district pro*pt!y begn an
investigation, the assai!ant "o!d have been discip!ined for se(a! assa!t and or
daghter co!d have retrned to schoo! if he "ere re*oved. ,nstead, or daghterCs !ife
deteriorated as a res!t of the rape and her inabi!ity to res*e her nor*a! !ife at schoo!.

.pri! 1@, 2013. Ron 'ng!ish states the district acta!!y has condcted a 1sbstantive
investigation2 by providing tidbits of second?hand infor*ation in an e*ai!. 8his direct!y
student1
student1
student1
RCW42.56.360(2)
rrRrr
38
contradicts his state*ent of .pri! + that the districtCs po!icy is to "ait nti! an
investigation is over.

.pri! 1@, 2013. 8he district sends s an irre!evant #eatt!e 5b!ic #choo!s &!ai* for
$a*ages. 5arents "rite- 18his for* pertains to !osses res!ting fro* an accident. ,t is
not appropriate for the da*age cased by a se(a! assa!t on a schoo! fie!d trip.
sstained e(tensive da*ages that "i!! i*pact the rest of her !ife. 8here has been no
ac6no"!edge*ent nor proposa! fro* the district to co*pensate her for these da*ages.
)one of the co**nications "e received constittes a satisfactory response to or
March 18, 2013 co*p!aint to the schoo! district.2

.pri! 1+?22, 2013. 5arents drive to 9tah to participate in fa*i!y therapy "ith
shares the "ritten accont of the assa!t that "as part of her faci!itated fa*i!y
therapy. 8his accont is inc!ded in pdf. 2.

.pri! 22?May 31, 2013. 5arents begin search for a ne" pb!ic schoo! for in a
!ocation far re*oved fro* #eatt!e and associated tra*a.

.pri! 2+, 2013. Mr. 'ng!ish states he has considerab!e infor*ation Dfro* second?hand
sorces that constitte a 1sbstantive investigation2E bt co!d not even report the
n*ber of stdents and chaperones "ho participated in his previos co**nication.
He asserts that if a se(a! assa!t did occr, the district is not at fa!t, he "rote. Why
notQ
.pri! 2+, 2013. Mr. 'ng!ish bac6peda!s on his .pri! + e*ai! that best practices for an
overnight fie!dtrip are a stdent teacher ratio of 1-> He no" "rites- N, do not be!ieve ,
have e(pressed any opinion abot the n*ber of chaperones re<ired for a fie!d trip.N
8he parents "rote- 1Ret yo to!d s in yor .pri! + e*ai! that there "ere t"o
chaperones for eight gir!s, and that this 1-> ratio "as consistent "ith Nbest practices.N
)o" yo state that a 1-1> ratio for boys is acceptab!e.2 0see pdf. 113
7or a!! Mr. 'ng!ishCs e*phasis on chaperone ratios, the district fai!ed to athoriLe and
screen even one *a!e chaperone for the trip. On!y one fe*a!e chaperone "as screened
to chaperone the 2+ stdents at night. 8he other t"o screened chaperones s!ept in a
distant !ocation "ith their yong chi!dren, nab!e to see the stdents.
Mr. 'ng!ishCs co**ents on chaperone ratios are even *ore *eaning!ess "hen
chaperones fai!ed to read protoco!s and s!ept rather than spervising stdents !eaving
their cabins, as occrred on this fie!d trip. #ee Kaiser Report.
May +, 2013. 5arents e*ai! the district "ith <estions re!evant to its be!ated
investigation and offer to participate. 8he district does not incorporate these basic
<estions into their investigation nor accept parentsC offer. 5arents raise concerns
abot reta!iation, bt these are not addressed. 0see pdf. 113
student1
student1
student1
39
May 8, 2013. 5arents e*ai! the #choo! 4oard $irector Kay #*ith?4!* abot *atters of
po!icy that a!!o"ed a se(a! assa!t to occr. $irector *a6es e(cses for not addressing
*atters of po!icy vita!!y i*portant to parents in the district. 0see pdf. B3
May 10, 2013. Ron 'ng!ish c!ai*s the district is condcting 1another investigation2
"hen it fai!ed to condct any investigation. 5arents rep!y, 1We again reiterate that it is
the districtOs responsibi!ity to ans"er the <estions "e as6ed rather than passing the*
on to the investigator "ho is not positioned to ans"er <estions of po!icy.2 )o facta!
response to or <estions is provided. 0see pdf 113
#choo! district contines to evade ans"ering critica! <estions. 5arents- 1We "rote
*onths ago ho" the district has contina!!y ignored <estions concerning or
daghterOs edcation, safety, "e!fare, and accontabi!ity fo!!o"ing the assa!t. We are
o"ed a pro*pt e(p!anation to these <estions. 0see pdf. 113
May 13, 2013. Mr. 'ng!ish refers to the fe" bits of infor*ation conveyed to s in his
.pri! 1+ e*ai! as the districtCs "ritten report. 8his does not *eet the standard for a
sbstantive independent investigation re<ired by 8it!e ,A. 0see pdf. 113
May 1>,

2013. Mr. 'ng!ish, %enera! &onse! "ho says he spea6s for the #perintendent,
the #choo! $istrict, and the #choo! 4oard, "rites that se( can occr in the conte(t of
appropriate chaperoning. NWe a!so do not agree "ith yor assertion that if se( occrred
this proves the chaperones so*eho" fai!ed to perfor* their dties. 8hat depends on
the specific circ*stances.2 0see pdf. 113 #choo! fie!dtrips are to provide the sa*e code
of behavior as the schoo! bi!ding. #e( at schoo! is not a!!o"ed, therefore it is not to be
a!!o"ed to occr on fie!d trips 0a!thogh the assai!ant too6 advantage of the schoo!
environ*ent t"ice to engage in prohibited se(a! activityKassa!t. 8he Kaiser Report
revea!s ho" chaperones a!!o"ed a se(a! assa!t to occr "hen chaperones fai!ed to
perfor* their dties..

May 1@, 2013. 5arents again see6 a!! signed fie!d trip doc*ents in the districtCs
possession o"ing to egregios o*issions. 5b!ic Records Re<est 1213?221.
5arents as6 the #perintendent "hether he has rendered an officia! response to or
co*p!aint. 0see pdf. 113 )o response.
May 1+, 2013. 5arents strong obMect to Mr. 'ng!ishCs ad hoc po!icy that se( *ay occr on
fie!dtrips in the conte(t of appropriate chaperoning. 8hey "rite- 1Ho" can this beQ
)either se(a! activity nor se(a! harass*entKassa!t are per*itted on fie!d trips. .
chaperoneCs dty is to protect or chi!dren "ho are deve!op*enta!!y in need of
spervision. #ince "hen is any se(a! activity a!!o"ed on a fie!d trip "hen it is the
chaperonesC responsibi!ity to prevent har*f! activityQ 9nder "hat circ*stances co!d
se(a! activity occr that "o!d e(cse the chaperones fro* responsibi!ityQ 5!ease te!! s
"hich 1specific circ*stances2 "o!d re!ieve the chaperone of hisKher responsibi!ity.
40
.nd "ho decides "hich specific circ*stances "o!d re!ieve a chaperone of
responsibi!ityQ2
Ro have "ritten that yo spea6 on beha!f of the $istrict, the #perintendent, and the
#choo! 4oard. $o they concr "ith this be!ief, and if so, do yo decide "hen se(a!
activity *ay occr "ithot the chaperone being neg!igentQ
)o e(p!anation "as provided by Mr. 'ng!ish.
May 20, 2013. Ron 'ng!ish again c!ai*s that the districtCs e*ai! of .pri! 1@
th
0"ith a fe"
bits of second?hand infor*ation3 constittes a sbstantive response- 1, provided a
sbstantive response by e*ai! on .pri! 1@, 2013, detai!ing a!! of the facts "e had at that
ti*e.2 Mr. 'ng!ish advances *ore e(cses for the districtCs fai!re to act. 0see pdf. 113
May 21, 2013. 5arents infor* Mr. 'ng!ish of 7edera! reg!ations the district vio!ated-
1Ms. #echrist of the O#5, Office of &ivi! Rights e(p!ained to s that se(a! vio!ence fa!!s
nder the *bre!!a of se(a! discri*ination governed by reg!ations nder 8it!e ,A,
"hich protect stdents fro* se(a! harass*ent and se(a! vio!ence in a!! schoo!
activities, inc!ding fie!d trips. 8hese reg!ations ob!ige the schoo! district to Sta6e
i**ediate action to e!i*inate the harass*ent, prevent its recrrence, and address its
effects.C . !a" enforce*ent investigation does not re!ieve the district of its ob!igation to
investigate the co*p!aint Spro*pt!y and e<itab!y.C 8he gide!ines state that Sschoo!s
sho!d not "ait for the conc!sion of a cri*ina! investigation or cri*ina! proceeding to
begin their o"n 8it!e ,A investigation and, if needed, *st ta6e i**ediate steps to
protect the stdent in the edcationa! setting.C Whether "as attending her c!asses
at %arfie!d at the ti*e is irre!evant. We pres*e that yo are prepared to e(p!ain "hy
#eatt!e #choo!s did not co*p!y "ith 8it!e ,A reg!ations in this case.

1&ontrary to "hat yo sggest, it is not the responsibi!ity of !a" enforce*ent or the
victi*Os fa*i!y to e(ercise de di!igence for the #eatt!e #choo! $istrict. 8he district is
responsib!e for carrying ot its o"n para!!e! investigation and infor*ing itse!f of the
stats of the intervie"s carried ot by !a" enforce*ent. . teacher observing a cop!e of
74, intervie"s is not an independent investigation. Had "e not raised or March 18th
co*p!aint, the district "o!d sti!! not have condcted its ob!igatory investigation to this
very day.2

May 21, 2013. 5arents "rite a !engthy !etter addressing Mr. 'ng!ishCs n*eros
fa!!acios state*ents. 0#ee pdf 113

May 20, 2013 Ron 'ng!ish reiterates that se(a! intercorse *ay occr on fie!dtrips in
the conte(t of appropriate chaperoning. 1,n yor e*ai! to *e of May 1+, yo as6ed
severa! <estions abot the ro!es of chaperones and "hether se(a! intercorse co!d
occr if the chaperones "ere perfor*ing their dties. , reiterate *y state*ent of May
1>- it depends on the circ*stances.2
student1
41
May 23, 2013. 5arents co**nicate "ith O#5, and O&R 0Office of &ivi! Rights3 becase
Mr. 'ng!ish refses to co**nicate regarding rights after he "as appointed to
ass*e Mr. .post!eOs ro!e as 8it!e ,A officer. 8it!e ,A stip!ates 1,n addition, schoo!s
sho!d ensre that co*p!ainants are a"are of their 8it!e ,A rights and any avai!ab!e
resorces, sch as conse!ing, hea!th, and *enta! hea!th services, and their right to fi!e a
co*p!aint "ith !oca! !a" enforce*ent.2 His refsa! to co**nicate frther doc*ents
vio!ation of 8it!e ,A. 0see pdf. +3
On!y "hen parents contacted O#5, 0after the district fai!ed to ans"er their <estions3
did Ms. #echrist *a6e it 6no"n that the victi* is protected nder 8it!e ,A. )o one fro*
the #eatt!e #choo! $istrict e(tended 8it!e ,A rights even thogh federa! fnding is
dependent pon i*p!e*enting 8it!e ,A. 'ach schoo! district has a 8it!e ,A officer 0Mr.
.post!e is the districtCs 8it!e ,A officer3. Mr. .post!e and his sccessor, Mr. 'ng!ish, fai!ed
to address 8it!e ,A rights.
May 23, 2013. .bsent the districtCs rep!ies re<ired by the prescribed co*p!aint
path"ay, parents c!arify that neither Ms. #*ith?4!* nor the district have confir*ed
"hether their correspondence constittes an officia! response to or co*p!aintKappea!.
0see pdf 113. When as6ed in si*p!e ter*s, the sperintendent and schoo! board fai! to
ad*it "ith a si*p!e 1yes2 or 1no2 "hether they have rendered the re<ired response.
May 23, 2013. 5arents confir* by e*ai! that the re*aining fie!d trip p!anning for*s
0co*p!eted by the teachers, not b!an63 and parent infor*ationa! sheets that Mr. 'ng!ish
directed Ms. &ar!son to send have not been sent.
May 23, 2013. Ron 'ng!ish refses to ans"er direct!y and instead says he has nothing to
say. 0pdf.113
May 28, 2013. &a!endra #echrist, attorney "ith O#5, in O!y*pia, states that
#perintendent 4anda fai!ed to provide the appropriate response. 1'ven if
#perintendent 4anda did designate Mr. 'ng!ish to respond on his beha!f, ho"ever, , do
not see that Mr. 'ng!ish inc!ded a!! of the re<ired co*ponents "ithin his response.
7or e(a*p!e, , have not seen any response fro* Mr. 'ng!ish that inc!des yor right to
appea! his decision to the schoo! board, and "here and to "ho* the appea! *st be
fi!ed.2
5arents obMect to schoo! district and schoo! board that Mr. 4anda is th"arting the
appea! process by fai!ing to provide the re<ired infor*ation. 0see pdf B3
/ne 10, 2013. 5arents "rite to the #choo! 4oard <erying the districtCs ne" po!icy
artic!ated throgh its spo6esperson Ron 'ng!ish that se( *ay occr on fie!dtrips in the
conte(t of appropriate chaperoning. #ee !etter of /ne 10 0pdf. B3.
student1
student1
42
/!y 1>, 2013.

/!y 1:, 2013. 7a*i!y gives p their #eatt!e ho*eto"n of decades to provide a
fresh start in another state.

/ne 21, 2013. &o!!een &ar!son confir*s co*p!etion of parentsC Records Re<est 1213?
221. 8hey note egregios o*issions srronding the p!anning of the )ove*ber 2012
fie!dtrip that contribted to neg!igent chaperoning.
.gst??present 0October3.

.s a res!t of the )ove*ber 2012 assa!t can not !ead a nor*a! !ife.

#epte*ber +, 2013. 5arents sb*it an e(tensive pre!i*inary response to the Kaiser
Report as6ing for the basic infor*ation it fai!ed to provide. 8he parents conc!de their
1> page <estionnaire saying-

1,n addition to providing s "ith the infor*ation re<ested, an independent
investigation *st revea! "hy the district has contined to hide behind a fictitios story
of consensa! se( to spare itse!f fro* accontabi!ity and !iabi!ity for the !ife?scarring
da*ages or daghter sstained. Rape is a devastating and insidios event that
contines to rear its g!y head in cont!ess "ays. 8he victi* "i!! never e(perience a !ife
"ithot the deep *e*ory of rape??even at the *ost sbt!e, bt significant, !eve!s of her
being. ,nstead of trying to deny that a rape occrred to avoid !iabi!ity, instead of
resorting to victi*?b!a*ing and other evasive tactics, the district sho!d be focsed on a
thorogh and e(hastive e(a*ination of chaperoning po!icies and their proper
i*p!e*entation, staff neg!igence, po!icies that a!!o"ed stdents discip!ined for !e"d
condctKse(a! assa!t to participate in *!ti?night fie!d trips, the fai!re to i*p!e*ent
8it!e ,A provisions as federa!!y re<ired, a*ong other acts of gross neg!igence that
a!!o"ed or daghter to be assa!ted.

1#ad!y or sccessf! daghter has seen her !ife disintegrate "hen the assai!ant??a se!f?
proc!ai*ed chronic !iar, a stdent a!ready sspended for having se( at schoo!??"as given
f!! opportnity to act ot "hi!e teachers too6 a fa*i!y vacation, "hi!e nscreened and
ninfor*ed co!!ege aged chaperones trned a b!ind eye and deaf ears on the co*ings
and goings of stdents throghot the night. 1'veryone accontab!e,2 the districtCs
*otto, sho!d be changed *ore accrate!y to 1)o one accontab!e.2 8he pb!ic needs
to 6no" ho" one fa*i!y, "ith the assistance of O#5, and other agencies, "as ob!iged to
ho!d the schoo!, the district, the sperintendent, and the schoo! board accontab!e. )o
dobt other fa*i!ies "i!! co*e for"ard "ith their grievances once or daghterCs story
is *ade 6no"n. 8he schoo! o"es the pb!ic f!! and transparent disc!osre. 8his "i!!
happen, even if the district contines to "hite"ash its behavior behind a shie!d of
student1
student1
student1
student1
student1
RCW42.56.360(2)
RCW42.56.360(2)
43
dob!eta!6, intentiona! *isinfor*ation, victi*?b!a*ing, bravra, a*ong its *any tactics
that "i!! not escape pb!ic scrtiny.2

#epte*ber 2@, 2013. )atre 4ridge director #teven #trefert says he cannot confir*
receipt of the signed &haperone .gree*ent "hich %arfie!dCs trip organiLers "ere to
have provided hi*. 8his agree*ent specifies chaperone responsibi!ities inc!ding
overnight spervision. ,t a!so confir*s that &haperones have read the #tdent &ontract
for behavior at ca*p and "i!! se the contract to prevent any nacceptab!e behavior
0sch as entering each otherCs cabins and casing har* to other stdents3.

October >, 2013.

!ife contines to be devastated by
the se(a! assa!t sstained on the %H# fie!d trip toted by the teachers as a 1!ife?
a!tering2 e(perience.

Recent Re!evant &orrespondence

1. Response to Ron 'ng!ish !etter of /!y 3, 2013 in "hich he atte*pts to restate the
facts in the narro"est of ter*s-

/!y 8, 2013
Mr. 'ng!ish,
We disagree "ith yor recita! of facts in yor /!y 3 *essage.
#taff observed the initia! intervie"s of yor daghter and other stdents. 8he *a!e
stdent invo!ved asserted that the se( "as consensa!. )onethe!ess, he "as e(c!ded
fro* schoo!, "hich "o!d have per*itted yor daghter to i**ediate!y retrn to schoo!
if she chose.
,f yo c!ai* that schoo! district staff observed the 74, intervie"s of or daghter, "e can
*ost assred!y te!! yo that is fa!se. We too6 or daghter to those intervie"s. 8here
"ere no schoo! district staff present. .ccording to the infor*ation "e have seen, a
teacher "as present at on!y one stdent intervie" condcted by the 74,. 8he teacher
"as not present at the 74, intervie" "ith the assai!ant.
1)onethe!ess,2 yo "rite 1he "as e(c!ded fro* schoo!.2 What do yo *ean by
1nonethe!essQ2 .ccording to the discip!inary codes, a!! stdents *st be discip!ined for
engaging in se( at schoo! or on a schoo! sponsored fie!d trip.
student1
student1
student1
rrRrr
44
8he districtCs investigator, Mr. Kaiser, reported that the assai!ant "as previos!y
discip!ined for 1!e"d condct2 in 2010 after having se(a! intercorse at Midd!e
#choo!. He received an e*ergency e(c!sion 0designated for dangeros persons andKor
se(a! assa!t3 and a short ter* sspension. .fter assa!ting or daghter in )ove*ber
2012, the perpetrator "as e*ergency e(c!dedKshort ter* sspended for a second
ti*e, again for 1!e"d condct.2 .stonishing!y, the district did not even adhere to its o"n
discip!inary code for pnishing a second offense of !e"d condct.He sho!d have
received a !ongIter* sspension. Why "asnCt the assai!ant discip!ined according to the
districtCs codeQ
)ot on!y "as the assai!ant inappropriate!y discip!ined, he "as on!y charged "ith !e"d
condct even thogh he ad*itted in )ove*ber to actions that *et the standard for
se(a! assa!t 0'? 21:3. )o one pro*pt!y probed frther into his confession and the
infor*ation "e provided based on the )ationa! 5ar6 #ervice investigatorCs report. What
"i!! the district do no" that the assai!ant reaffir*ed his assa!t by te!!ing Mr. Kaiser he
sodo*iLed or daghter for 10 *intes after she to!d hi* to stopQ
&onsidering that the assa!t of or daghter "as !abe!ed 1!e"d condct,2 isnCt is
possib!e that the assai!antCs previos offenses of 1!e"d condct2 "ere a!so se(a!
assa!tQ Ho" *any ti*es has the assai!ant co**itted se(a! assa!tQ ,n the event the
assa!t of or daghter "as at !east his second se(a! assa!t, he sho!d have received
even steeper conse<ences. Why didnCt the district i**ediate!y investigate or
daghterCs se(a! assa!tQ Had the district done so, the assai!ant "o!d have been
discip!ined for se(a! assa!t, not !e"d condct.
O"ing to the districtCs fai!re to i**ediate!y ac6no"!edge the assa!t and provide
re<ired 8it!e ,A services, "e can on!y conc!de that the district 1boght2 the assai!antCs
story of consensa! se( "ithot giving e<a! consideration to or daghterCs report of
se(a! assa!t. 8his is astonishing since the district 6ne" of the assai!antCs discip!inary
history.
Why "erenCt "e infor*ed at the ti*e that the assai!ant "as e*ergency e(c!dedQ We
on!y !earned he "as e*ergency e(c!ded fro* schoo! "hen yo to!d s in .pri!. We
sho!d have been to!d i**ediate!y, at the ti*e he "as e(c!ded, as re<ired by 8it!e ,A.
8he principa! refsed to te!! s in )ove*ber of any sanction app!ied to the assai!ant. ,f
no one to!d s at the ti*e the assai!ant had been e(c!ded, ho" co!d or daghter
retrn to schoo! as yo said she co!d haveQ 8his "as the ti*e for the 8it!e ,A officer and
the safety depart*ent to faci!itate or daghterCs retrn to schoo!. )o one infor*ed s
of these services. .fter Mr. Ho"ard refsed to co**nicate "ith s abot these
sanctions, he "rote that "e sho!d address or concerns to the 5ar6 #erviceP"hich
!ac6ed any Mrisdiction over the schoo! environ*entG
,n the fo!!o"ing *onths, at yor re<est "e prepared acco**odations for yor
daghter, rrRrr
45
8he fact that she did not ta6e advantage of these arrange*ents "as
otside the $istrictCs contro!. We have repeated!y as6ed yo to identify any additiona!
acco**odations she *ay need, bt yo have not re<ested any.
We previos!y infor*ed yo abot *onths of frstrations "e e(perienced "hen
atte*pting to obtain acco**odations for or daghter after the assa!t. We detai!ed
ho" "e received contradictory infor*ation regarding

We responded to yor co*p!aint "ithin 30 days, on .pri! 1@, 2013, infor*ing yo of or
findings, inc!ding the fact that yor daghterCs story changed for* one intervie" to
another. Ro as6ed for additiona! investigative "or6, inc!ding intervie"s of the other
stdents. We hired an investigator and he has intervie"ed the other stdents, as "e!! as
other individa!s identified in his draft report. He as6ed to intervie" yor daghter, and
yo dec!ined that re<est, as "e!! as his re<est for doc*ents.
What "as the 1investigative "or62 that for*ed the basis of yor findings revea!ed in
yor .pri! 1@ !etterQ 7irst yo te!! s that it is not the districtCs !ong?standing practice to
nderta6e an independent investigation concrrent!y "ith a cri*ina! investigation
condcted by !a" enforce*ent. )o" yo te!! s that the district did indeed carry ot
1investigative "or62 by having staff observe a fe" intervie"s condcted by the
athorities in )ove*ber, even thogh yo didnCt te!! s of yor 1findings2 nti! .pri!.
Which is it, Mr. 'ng!ishQ
rrRrr
rrRrr
rrRrr
rrRrr
46
8he 1additiona! investigative "or62 condcted by Mr. Kaiser sho!d have been done in
)ove*ber. ,ndeed, the district "as ob!igated to carry ot a 1pro*pt and e<itab!e
investigation2 "hen a se(a! assa!t is reported, according to the federa! directives
re!ated to 8it!e ,A. ,t "as not nti! "e esca!ated or co*p!aint to O#5, and insisted on an
independent investigation did the district 1after frther discssion2 agree to f!fi!! its
ob!igations si( *onths !ater.
,t "as becase "e insisted that the district co*p!y "ith federa! 8it!e ,A directives that
"e no" have Mr. KaiserCs report. ,n it "e !earn that the perpetrator has no" changed
his story considerab!y fro* "hat he to!d the 74, and attribtes fa!se state*ents to or
daghter. We a!so find that other stdentsC acconts of events to Mr. Kaiser do not
*atch p "ith their origina! stories. Moreover, yor re*ar6s regarding or daghter
fai! to ac6no"!edge ho" tra*atiLed victi*s of se(a! assa!t re<ire ti*e to be ab!e to
recont the night*are of rape. Or daghter gave a f!! acconting of the assa!t.
Ro a!so fai! to *ention the reasons "hy "e dec!ined Mr. KaiserCs re<est to intervie"
or daghter and spp!y *edica! records and other doc*ents. .s "e have e(p!ained
ti*e and again, or daghter is in residentia! treat*ent o"ing to the after*ath of the
assa!t. #he is not avai!ab!e for intervie"s, on advice of her therapists. $o yo not
consider that intervie"ing an assai!ant and a victi* are t"o separate *attersQ 8he
assai!ant chose to rape or daghter. Or daghter, on the other hand, "as
tra*atiLed. .s for the districtCs n*eros re<est for her persona! records, "e have
to!d yo ti*e and again that "e cannot spp!y privacy?protected doc*ents "ithot
her consent. .re yo e(pecting s to circ*vent the !a"Q
Ro *ention responding "ithin 30 days of or co*p!aint. 8he schoo! board sho!d be
re*inded of the facts. .bsent the re<ired officia! response to or co*p!aint "ith
appea! directions fro* the #perintendent, O#5, advised s to see6 an
ac6no"!edge*ent of or co*p!aint. When it "as not forthco*ing "e t"ice "rote
as6ing yo to ans"er "ith a 1si*p!e yes or no2 "hether yo had provided the officia!
response. Ro "o!d not te!! s yes or no. We a!so provided yo and the schoo! board
correspondence fro* O#5, stating that Mr. 4anda fai!ed to provide the re<ired
response "ith appea! instrction. O#5, has been copied on the re!evant
correspondence.
,n the conte(t of the above facts "e do not agree that there are 1*andatory 8it!e ,A
procedres2 that the $istrict did not i*p!e*ent. 8o the contrary, the $istrict too6
pro*pt steps to address the sitation and prevent a reoccrrence.
,n the conte(t of "hat facts, Mr. 'ng!ishQ Whenever a se(a! assa!t is reported, the
district M9#8 i**ediate!y i*p!e*ent 8it!e ,A procedres.
8his is the first ti*e "e have heard that the district 1too6 pro*pt steps to address the
sitation and prevent a reoccrrence.2 '(act!y "hat "ere the 1pro*pt steps2 the
47
district too6 to address the sitationQ We havenCt seen any. What 1sitation2 did the
district addressQ Ho" do those steps prevent a reoccrrenceQ .nd a reoccrrence of
"hat, e(act!yQ ,f yo indeed too6 these steps, "hy have yo not reported the* to s as
re<ired by 8it!e ,AQ
$o these 1pro*pt steps2 inc!de re*edying the neg!igent chaperoning that per*itted
the se(a! assa!t of or daghterQ $o these steps inc!de po!icy revisions that ta6e
into accont stdents "ho have previos!y been discip!ined for having se(a!
intercorse at schoo!Q We !earned fro* Mr. KaiserCs report that none of the teachers or
chaperones "ere a"are of or had read the districtCs chaperone po!icies.We read ho"
the *a!e chaperone ad*itted to not being ab!e to contro! the boysC behavior. We
!earned that he "ore earp!gs and co!d not hear the co*ings and goings of stdents
entering and !eaving the cabin after crfe". We heard ho" *a!e and fe*a!e stdents
te(ted each other for assignations after crfe". We read of fe*a!e stdents 0not or
daghter3 s!eeping in the boysC bedroo* nti! : .M. We heard abot the fe*a!e
chaperone not *onitoring "hether the gir!s retrned fro* their trips to the bathroo*.
We read abot a paranoid stdent on drgs hiding in the gir!sC cabin.
.ccording to 8it!e ,A, the district is re<ired to provide stdents "ith an environ*ent
free fro* se(a! discri*ination, inc!ding se(a! harass*ent and se(a! vio!ence. When
or daghter reported a se(a! assa!t, the district sho!d have i**ediate!y condcted
its o"n investigation instead of c!ai*ing it *st "ait nti! a cri*ina! investigation is
conc!ded. WhyQ 8he focs of a cri*ina! investigation is entire!y different fro* the
schoo!Cs investigation of se(a! assa!t and that is "hy a different standard of evidence
is app!ied, as yo sho!d 6no". 8he focs of the districtCs investigation is to e(a*ine
ho" se(a! assa!t co!d occr, to revie" its po!icies, and to discip!ine the assai!ant
appropriate!y, a*ong other tas6s. ,t did not do so. 7ro* "hat yo "rote previos!y, it
appears yo 1boght2 the assai!antCs story of consensa! se( rather than affording or
daghterCs report of assa!t e<a! consideration. Had yo ta6en her report of assa!t
serios!y, yo "o!d have investigated it as re<ired by 8it!e ,A. ,n or vie", no one in
the district 6ne" anything abot ho" 8it!e ,A app!ied in this case, inc!ding the 8it!e ,A
coordinator, Mr. .post!e. ,t "as not nti! "e esca!ated or co*p!aint to O#5,, did "e
!earn of the districtCs ob!igations nder 8it!e ,A. .pparent!y this "as a!so the first ti*e
the district had heard of its ob!igations.
Ro "i!! no dobt again disagree "ith or state*ents. 4t the facts spea6 for
the*se!ves. 'very one of the district ad*inistration staff and every schoo! board
*e*ber sho!d be as6ing the*se!ves- What if *y chi!d "ere se(a!!y assa!ted on a
schoo! fie!d tripQ Wo!dnCt , "ant to 6no" "hy this "as a!!o"ed to occrQ Wo!dnCt ,
de*and ans"ers and accontabi!ityQ Ho" "o!d , fee! if the district fai!ed to provide
those ans"ers and *ade e(cses becase it prioritiLes its !iabi!ity over *y chi!dCs safetyQ
Ho" "o!d , fee! if the schoo! board 6ne" of the assa!t bt did abso!te!y nothing to
ho!d the district accontab!e for *y chi!dCs safety and the safety of a!! stdents on
schoo! fie!d tripsQ
48
When the co**nity !earns of or fa*i!yCs devastating e(perience, "e be!ieve they "i!!
be as6ing these sa*e <estions. .re yo prepared to ans"er the* "ith f!!
transparencyQ
#incere!y,

and

2. 5arentsC !etterK<estionnaire of #ept +, 2013- a pre!i*inary response to the Kaiser
draft report. 8his !etter de*onstrates ho" the district fai!ed to condct a pro*pt, fair
and e<itab!e investigation. ,t sho!d be read by a!! those revie"ing or response to the
#eatt!e #choo! $istrict to nderstand Mst ho" *ch infor*ation the districtCs
1sbstantive2 report !ac6s and ho" *is!eading it is absent sbstantive facts.

#epte*ber +, 2013

Mr. Kaiser and Mr. 4anda,

.s yo reca!!, "e vo!nteered to participate at the inception of the schoo! districtCs May
2013 investigation. We provided a !ist of <estions that co!d have great!y assisted the
districtCs investigation. Or offer to participate "as not accepted. ,nstead the district
on!y as6ed s to hand over or daghterCs privacy?protected doc*ents. We e(p!ained
severa! ti*es that she

,n addition, the !a" re<ires
that she *st agree to re!ease *edica! records, inc!ding therapist reports. ,gnoring
this, the district repeated!y insists on having access to these records. 8he district does
not ac6no"!edge a gir!Cs nor*a! sensitivity to strangers beco*ing privy to descriptions
of her 1private parts2 and ho" she "as rapedKsodo*iLed. #ppose "e had as6ed the
district to provide the assai!antCs f!! discip!inary and *enta! hea!th records to
de*onstrate ho" he "as capab!e of yet another prohibited se(a! act of !e"d
condctKse(a! assa!t on schoo! ti*e.

8he districtCs spo6esperson, Mr. 'ng!ish, "o!d not accept the advice of the therapists
"hen he contined to as6 that or daghter sb*it to <estioning. .s "e e(p!ained
*any ti*es, therapists stated that co*pe!!ing her to recont the assa!t co!d engender
a re!apse. .s "e have pointed ot, <estioning the assai!antP"ho chose to rapePand
rrrent rrrent
RCW42.56.360(2)
49
<estioning or daghter, "ho "as overpo"ered by a p!ayer a!*ost t"ice her
"eight, are not co*parab!e sitations. &onsider ho" this assa!t has nhinged or
daghter. 9n!i6e the assai!ant??"ho "as previos!y e*ergency e(c!ded and sspended
for having se( at schoo! and "ho "as !ater e*ergency e(c!ded for a second act of
1!e"d condct2 a*ong other ndisc!osed discip!inary actions??or daghter had no sch
history. #he "as a

HasnCt the districtCs neg!igence done her enogh da*age for a !ifeti*eQ Mst "e as6
her to recont those devastating events again so the district can *a6e a deter*ination
that she "as rapedQ ,snCt that a *isp!aced e*phasisQ 8he e*phasis sho!d be on the
neg!igence that a!!o"ed for a se(a! assa!t to occr. Why does Mr. 'ng!ish contine to
fa!t s for not sbMecting or daghter to *ore tra*a so the district can te!! s "hat
"e a!ready 6no"Q .s stated previos!y, "e 6no" she "as raped and so do the *any
*edica! professiona!s "ho treated her. Ho" *any parents "hose chi!d "as raped and
sodo*iLed "o!d "ant to pt a daghter or son throgh the agony of reconting itQ

8he district, throgh Mr. 'ng!ish, has tried to def!ect attention fro* its neg!igence by
portraying or fa*i!y as obstrcting its investigation. 8his is fran6!y disingenos since
the district didnCt even bother to condct its o"n investigation nti! "e de*anded it. ,f
the district "ere hngry for infor*ation, "hy didnCt it begin a rea! investigation in
)ove*ber, 2012Q 8he ans"er is that the district hoped the prob!e* "o!d go a"ay.
When as6ed "hy the district fai!ed to condct the re<ired investigation, Mr. 'ng!ish
offered contradictory e(cses. 7irst he said the districtCs po!icy is to "ait nti! a cri*ina!
investigation is over, bt he never bothered to in<ire if the investigation "ere over.
=ater he said the district did condct its o"n investigation becase a teacher provided
hi* "ith a fe" tidbits of infor*ation that she overheard. Ret *onths after the rape, Mr.
'ng!ish co!d not even te!! s the n*ber of chaperones and participants, infor*ation
that "as avai!ab!e fro* day 1 of the fie!dtrip. 8his "as hard!y the sbstantive
investigation that federa! !a" *andates *st pro*pt!y occr. .!! of this is doc*ented
in the correspondence "e provided. ,n short, instead of gathering its o"n infor*ation,
the district tried to p*p or fa*i!y for privacy?protected infor*ation, b!a*ed s "hen
"e co!d not provide it, and re!ied on second?hand infor*ation fro* teachers "ho "ere
a party to the neg!igence, as yor May 2013 investigation confir*s.

,n s**ary, Mr. 'ng!ish "rote ho" "e sho!d hand over or daghterCs *edica!
records, even thogh it "o!d have vio!ated privacy !a"s. He said "e sho!d a!so hand
rrRrr
50
over 74, records, even thogh the govern*ent denied the district those records in the
strongest of ter*s. 7or a!! Mr. 'ng!ishCs inappropriate de*ands, those records contained
infor*ation that the district co!d itse!f have !earned if on!y it had condcted its
investigation beginning in )ove*ber, 2012. 9nder 8it!e ,A reg!ations, the district *st
condct a pro*pt and e<itab!e investigation, regard!ess of "hether a cri*ina!
investigation is nder"ay. 8he district to!d s n*eros ti*es that its po!icy is
co*p!ete!y opposite. &!ear!y the district is co*p!ete!y ignorant of its ob!igations to
e(tend to or daghter the protections against se(a! harass*ent and se(a! vio!ence
as re<ired by 8it!e ,A.

,n the correspondence yo revie"ed, "e as6ed the #eatt!e schoo! district for an
e(p!anation of the chaperoning circ*stances that per*itted or daghter to be raped
and sodo*iLed. We "rote that "e a!ready 6ne" ho" or daghter "as assa!ted
becase she described the !a( chaperoning that a!!o"ed stdents to co?*ing!e before
and after crfe", and becase she described in detai! ho" she "as raped and
sodo*iLed. 8herefore, "e as6ed the district to te!! s "hy this assa!t "as a!!o"ed to
occr, and to provide s a detai!ed description of the chaperoning procedres that
per*itted the assai!ant to co**it this act of se(a! vio!ence.

8he districtCs draft report focses on stories provided by for stdents- the assai!ant and
his friends. 5!ease e(p!ain "hy the district re!ied on the sa*e three friends of the
assai!ant "ho opined to the 5ar6s $epart*ent instead of other sorces of infor*ation
that "o!d address the "hy of this assa!t. 9nfortnate!y, becase the districtCs
investigation began si( *onths after the assa!t 0contrary to 8it!e ,A re<ire*ents3, the
assai!ant, his friends, and others intervie"ed had *onths to process events and revise
their stories. 4ecase teachers fai!ed to i*p!e*ent the re<ired chaperoning
procedres, becase they fai!ed to enforce the very code of condct that they
co*pe!!ed stdents to sign 0sch as not entering each otherCs cabins3, the teachers
provided an environ*ent that easi!y a!!o"ed a se(a! assa!t to occr. 4ecase
teachers and chaperones are a!so responsib!e for the !ife?scaring inMries or daghter
sstained, itCs no "onder they had !itt!e to contribte abot their fai!re to i*p!e*ent
p!anning and chaperoning procedres that !ed to the rape of or daghter.

4ecase the district fai!ed to provide the infor*ation "e re<ested "e *st again as6 to
participate by sb*itting <estions that address or origina! <estions- "hy "as the
se(a! assa!t a!!o"ed to occr on a schoo!?sponsored fie!d trip, "hy has no one been
he!d accontab!e, and "hy did the district fai! to co*p!y "ith 8it!e ,A reg!ationsQ Once
yo provide this infor*ation, "e re<est sfficient ti*e to process the infor*ation and
prepare or response.

51
7ie!dtrip procedres.
Has the investigation co*pared fie!ds trip p!anning and chaperoning re<ire*ents
a!ongside those actions that acta!!y occrredQ 5!ease begin by e(p!aining "hat sho!d
have occrred and "hat did not occr. 7or e(a*p!e-

Re<ire*ent- &haperones *st be screened.

#choo! $istrict actionKinaction- t"o of the three chaperones "ho spervised the
stdents at night "ere not screened according to the doc*ents provided.

'(p!anation for districtCs fai!re-

.dditiona! co**entsK<estions- #cience teacher #noo6a!Cs infor*ationa! !etter of
October :
th
stated that a *a!e chaperone na*ed )ic6 7raiLe "i!! participate. )o sch
person "as screened nor "as )ic6 Ward, "ho* yo say chaperoned. $id )ic6 change
his na*e and if so, "hyQ

,n addition, the October :
th
doc*ent in or possession "as not sent to s "hen "e
re<ested a!! of the schoo! trip?re!ated doc*ents. ,nstead a ne" October : doc*ent
"as sent "hich does not *atch the doc*ent "e have in or possession. Why "as the
doc*ent changedQ

Re<ire*ent- 8he $istrictCs 7ie!dtrip %ide!ines re<ire that teachers 1"arn and infor*2
parents of the ris6s associated "ith the fie!dtrip.

$istrictCs actionKinaction- )o description of the bi!dings, pro(i*ity of *a!es to fe*a!es
in n!oc6ed cabins, no infor*ation regarding sing!e *a!e chaperone "ho "o!d s!eep
throgh the night, no "a6e "atch, no parents chaperones a!thogh teachersC !etter
stated they "ere needed, no infor*ation regarding inabi!ity to i*p!e*ent the fie!dtrip
po!icies o"ing to so!e *a!e chaperoneCs need for s!eep, teachers "o!d not be reading
po!icies nor enforcing contracts stdents "ere re<ired to sign, teachers "o!d not
participate in chaperoning o"ing to yong chi!dren broght a!ong, etc.
'(p!anation for districtCs fai!re-
.dditiona! co**ents-

2.r Has %arfie!d sed )atre 4ridge faci!ity previos!yQ ,f so, ho" *any ti*es, and
"hat procedres "ere previos!y ta6en to infor* parents of the faci!ityCs ris6s, the
chaperoning procedres, etc. What 6inds of chaperoning procedres "ere previos!y
i*p!e*ented since the teachers ad*itted to not reading the districtCs prep!anning and
chaperoning gide!inesQ

3.r What did the teachers 6no" abot the faci!ity and ho" did they p!an for the
secrity of the stdents other than !ining p t"o nscreened co!!ege?aged, chaperonesQ
52

4.r Why didnCt the teachers infor* parents of the s!eeping arrange*ents 0adMacent
n!oc6ed cabins3 and that stdents "o!d be going otside to the bathroo*Q

5.r Why didnCt the teachers infor* parents of the chaperone arrange*ents 0e.g.
that teachers "o!d be s!eeping in separate cabins distant fro* the stdentsC cabins3Q

6.r Why didnCt the teachers infor* parents that there "o!d be no "a6e "atch I
that no ad!t "o!d re*ain a"a6e to prevent stdents fro* !eaving their cabinsQ

7.r Why didnCt the teachers and chaperones read the #5# 7ie!d 8rip 5rocedresQ
Why is there no doc*entation sho"ing that the chaperones signed the 1%ide!ines for
;o!nteer 7ie!d 8rip &haperones2Q

8.r &haperones ad*it they "ere having trob!e *onitoring stdentsC co*ings and
goings the first night. Why didnCt they do anything to correct those prob!e*s on the
second nightQ Why didnCt they infor* the teachers abot the contro! prob!e*sQ Why
"erenCt the stdents infor*ed of the conse<ences for ignoring crfe" the second
nightQ What did the teachers 6no" abot the contro! prob!e*s the chaperones "ere
e(periencing on the first nightQ

9.r What did the *a!e chaperone do "hen he fond ot that he "as not p to the
tas6 of contro!!ing the *a!e stdentsQ

10.r Why "ere stdents a!!o"ed to co?*ing!e in each otherCs cabins nspervised
before and after crfe", contrary to the contract stdents signed prohibiting this
behaviorQ

11.r Why didnCt teachers enforce the )atre 4ridge contracts in "hich stdents "ere
re<ired to sign a p!edge that they "o!d not enter each otherCs cabins or physica!!y or
e*otiona!!y har* other stdents, a*ong other p!edgesQ What is the va!e of a contract
if it is not enforcedQ

12.r $id any of the teachers as6 )atre 4ridge to assist the* "hen the %arfie!d
stdents "ere ot of contro!Q

13.r Why didnCt the teachers and districtCs investigator intervie" the )atre 4ridge
staff to !earn of po!icies and procedres other grops sed to prevent co?*ing!ing, the
intrsion of the reported paranoid stdent into the gir!sC cabin, and other disa!!o"ed
behaviorsQ

53
14.r Were the teachers fa*i!iar "ith )atre 4ridgeCs reco**endation to have *ore
than one chaperone for each genderQ ,f not, "hy notQ

15.r What discip!inary procedres are the teachers and chaperones sbMect to after
fai!ing to read and i*p!e*ent the re<ired chaperoning po!iciesQ Ho" do
teachersCKchaperonesC persona! !iabi!ityKprofessiona! record i*pact an accrate and
detai!ed rendering of the facts "hen they "ere neg!igent and !iab!eQ

8he districtCs history of fai!ed chaperoning
16.rWhy "erenCt !essons !earned fro* previos chaperoning fai!res app!ied to the
)ove*ber fie!d tripQ

17.r5!ease e(p!ain the fo!!o"ing state*ent *ade by a %arfie!d teacher- 1We e(pected
the *edia vans at the schoo! the ne(t *orning Dafter the assa!tE. We didnCt
nderstand "hy they "erenCt there. We thoght "eCd so!ved or chaperoning
prob!e*s.2 ,nternet posts a!so state that %arfie!d has had chaperoning prob!e*s.
What prior chaperoning fai!res sho!d have pt %arfie!d on notice to chaperone
appropriate!yQ

18.r5!ease e(p!ain "hat the district has done to rectify its previos 1chaperoning
prob!e*s.2

19.r8he teachersC infor*ationa! !etter of #ept 10, 2012 states that 1We "i!! a!so need
De*phasis addedE parent chaperones to acco*pany s on this trip . . . .2 Ret the trip
proceeded "ithot parent chaperones. Why did the district a!!o" this trip to occr
given the absence of chaperones that "ere neededQ Why did the teachers thin6 that
one co!!ege age *a!e co!d effective!y chaperone forteen high schoo! boysQ2

20.rO"ing to the tota! absence of parent chaperones needed by the teachers, "hy did
the teachers e!ect to s!eep separate!y, therefore nab!e to participate in the night
chaperoningQ

21.r.t "hat ti*e did the teachers and their s*a!! chi!dren retire to their o"n cabins for
the nightQ2

22.rWhy "ere the trips organiLers a!!o"ed to bring their yong chi!dren on this tripQ ,s it
district po!icy to per*it teachers to bring their o"n s*a!! chi!dren on schoo!?
sponsored fie!d tripsQ

23.r,n "hich cabin or cabins did the teachers s!eepQ Ho" far "as it fro* the stdentsC
cabinsQ ,t is or nderstanding that it "as a considerab!e distance that prevented
direct interaction "ith the stdents.
54

24.r8he district "as a"are that #tdent 2 had been sspended previos!y for 1!e"d
condct.2 Why "erenCt parents notified that a stdent "ith a history of 1!e"d
condct2 "o!d be participating in an overnight tripQ

25.r$id the trip organiLers *a6e any provisions for spervising a stdent "ho had
previos!y been discip!ined for having se( "ith a stdent on schoo! propertyQ

26.r$id the chaperones infor* the stdents of the conse<ences of not abiding by the
crfe"Q ,f so, "hat "ere the conse<ences and ho" "ere they enforcedQ 7or
e(a*p!e, "hat did the *a!e chaperone *ean "hen he sed the "arning 1!ast
chanceQ2 =ast chance before "hat conse<enceQ What "as this !ast chance before
he 1donned2 his earp!gs, according to the reportQ

27.rWhy did the chaperone "ear earp!gs "hen his Mob "as to re*ain vigi!antQ

28.rWhat <a!ifications, e(perience, and training did the chaperones have to *anage
teenagersQ

29.rWhy did the *a!e chaperone go to s!eep "hi!e the stdents "ere sti!! a"a6e,
contrary to po!iciesQ Why did chaperones be!ieve high schoo! stdents "o!d
behave responsib!yQ

30.rWhat do yo 6no" abot fe*a!e stdents re*aining in the boysC cabin "hen the
*a!e chaperone to!d the* that he "as going to bed.0i.e. he did not see that they
!eft3Q

31.rWe conc!de that the *a!e chaperone did not condct any bed chec6s after p!gging
his ears. 5!ease co**ent.

32.rWhat e(p!anation did the *a!e chaperone offer for his fai!re to i*p!e*ent
responsib!e chaperoning procedresQ Who "as responsib!e for training hi* and
"hat co**it*ents did he *a6e abot his o"n behavior on the fie!d tripQ

33.r'(act!y "hat procedres did the fe*a!e chaperones se and ho" did they divide the
chaperoning responsibi!itiesQ 1Ms. #tro*ho!t then "ent bac6 to s!eep,2 the report
stated. Ho" can one be in charge and then go to s!eepQ What "as the other fe*a!e
chaperone doing at this ti*eQ

34.rWhy didnCt the fe*a!e chaperones 6eep tabs on gir!s "ho !eft the cabin at nightQ

55
35.rWhy didnCt chaperones i*p!e*ent a night shift of B0 *intes divided a*ong the :
ad!ts to chec6 stdents in and ot of the cabins if they needed the toi!etQ .n ad!t
co!d have easi!y sat otside for this ti*e period *a6ing sre stdents "ere staying
in their cabins or a night "atchperson co!d have been hired. Why notQ

36.rWhere "as the sic6 gir! being cared forQ

37.rWhen the teachers spo6e to the stdents abot ca*p condct, "hat conse<ence
did the teachers say "o!d occr for nacceptab!e behavior, sch as entering each
otherCs cabins, drg se, and fai!ing to abide by crfe"Q

38.rWhy did the *a!e chaperone te!! the stdents he "as going to s!eep rather than
te!!ing the* heCd be chec6ing on the* a!! nightQ

39.rWere the gir!s "ho s!ept overnight in the boysC cabin as6ed abot their activities
thereQ ,f so, "hat did they sayQ Why "erenCt the boys in that roo* intervie"ed
abot the gir!sC activities that nightQ

40.rWhere the chaperones a"are of other prohibited activities that occrredQ 5!ease
refer to the !ist of prohibited behaviors the stdents signed.

41.r$id the district !earn anything abot gir!s "ho *et boys at :-30 .M at the gaLebo or
the "hereabots of t"o stdents "ho "a!6ed do"n the beach and co!dnCt be
fondQ

42.r$id the teachers not e(pect that stdents "o!d te(t for assignations after crfe"Q
Why "erenCt ce!! phones confiscatedQ

43.rWhy did a boy co*e throgh the "indo" into the gir!sC cabin, as reported by
stdent F:Q

#tdent F2, the assai!ant and his friendsC state*ents
&onsider the fo!!o"ing <estions in the conte(t of #tdent 2Cs 7aceboo6 re*ar6s that he
is chronic !iar-

When the assai!ant gave his :KBK13 state*ent to the schoo! district investigator, he
refashioned his )ove*ber 2012 testi*ony to the 5ar6 #ervice. .!thogh both of #tdent
2Cs testi*onies are rep!ete "ith !ies, he neverthe!ess ad*itted to co**itting se(a!
assa!t as defined by the districtCs code of prohibited behavior. He a!so *et the
standard for rape defined in the W. stattes. &onsider, too, ho" he recent!y posted on
7aceboo6 0screen shots ta6en3 that he is a chronic !iar and ho" he see6s pity to e(cse
hi*se!f. .re yo a"are that he soght or daghterCs he!p for his persona! prob!e*s
56
before raping her, on!y to see6 her pity after"ards "hen he begged her not to trn hi*
inQ

1b. Ho" o!d is #tdent )*ber 2, the assai!antQ He posted on 7aceboo6 that he "as
born in #epte*ber of 1BB3. 8hat "o!d *a6e hi* > years o!der than his 10
th
grade
peers. ,s this treQ

2b. $id #tdent 2 ever *ention a ga*e that he proposed to p!ay "ith or daghter right
before he raped herQ $id he *ention sing a code "ordQ

3b. &onsider his response to the above <estion in !ight of his /!y 23
rd
74 post in "hich
he detai!s ho" to tric6 so*eone yo !i6e into getting access to her.

>b. What steps did the investigator ta6e to cha!!enge hi* on his state*ents that or
daghter 6issed hi*, he!d hands "ith hi* on the fie!dtrip, *oved c!oser to hi* "hen he
assa!ted her, !oo6ed into his eyes "hen he sodo*iLed hi* 0ho" co!d one physica!!y
do thatQ3 or any of the other state*ents he *ade abot or daghter inviting his
rapacios behaviorQ Ho" co!d sch c!ai*s be va!id "hen it "as "e!! 6no"n to the
assai!ant and c!ass*ates that or daghter had no ro*antic interest in hi* "hatsoeverQ

&onsider the state*ents "hich the assai!ant posted on 74- 01y is it that *y *ind says
one thing. 4t , do the co*p!ete opposite. , fee! one "ay bt then , say the opposite.
Why is it hard to do and say the trth .gst 8
th
J 1R is it ha!f the ti*e , donCt even have
an e(p!anation for *yse!f "hen , as6 y , do the d*bh shit , do2 8K183

8hese re*ar6s are diagnostic of a !iar "ho is capab!e of aberrant behavior. Why did
%arfie!d High #choo! not *ete ot the re<ired discip!ine and corrective actions before
he rapes againQ Ho" *any others "i!! fa!! in #tdent 2Cs pathQ 8he schoo! district is
responsib!e for the destrction it cases "hen sch individa!s are a!!o"ed to act ot
nchec6ed. ,t appears the schoo! doesnCt find this possibi!ity sfficient!y co*pe!!ing to
ta6e appropriate corrective action.

:b. $id the teachers *ention that they to!d the assai!ant to stop ta!6ing abot ana! se(
on the fie!dtripQ

@b. #tdent 2 stated that no gir! "o!d a!!o" hi* to have ana! intercorse. 8he districtCs
report states that he had intercorse 13 ti*es in his !ife. ,t see*s nsa! that so*eone
"o!d 6no" the e(act n*ber of ti*es se( occrred. $id the assai!ant perhaps say that
he had 13 se(a! partners, and that none of the* "o!d per*it this activityQ 5!ease
c!arify.

+b. 8he assai!ant added that 1one gir! had specifica!!y as6ed hi* to engage in that
condct.2 8his re*ar6 is incongros. 5!ease e(p!ain "hat "as *eant by this state*ent
57
and ho" it can be nderstood ne(t to his ear!ier state*ent that no gir! "as interested in
ana! se(.

8b. $id #tdent 2 describe a position he sed to access or daghterCs rect* and ho"
"o!d it have a!!o"ed the affectionate face?to?face contact he c!ai*ed too6 p!aceQ

Bb. $id yo as6 the assai!ant if he eMac!atedQ 8his is re!evant.

10b. What "as the sorce of the "ater the assai!ant said he sed as a !bricant to
sodo*iLe or daghterQ .t "hat point did he app!y "ater as a 1!bricant2Q Was he
as6ed abot the !bricating properties of "ater and if so, "hat did he sayQ

11b. $id the assai!ant say anything abot sing a condo*Q

12b. What did the assai!ant say abot his *enta! state at the ca*p, both before and
after the rapeQ What is 6no"n abot his *enta! state that co!d engender se(a!
assa!tQ What is 6no"n abot re*ar6s he *ight have *ade abot brea6ing p "ith his
gir!friend and needing se(. $id he re*ar6 abot having a gir! friend at that ti*eQ $id yo
as6 hi* ho" !ong it had been since he had had se( before raping or daghterQ

13b. $id he describe ho" he sed or daghter as a sy*pathetic ear for e*otiona!
spportQ ,s the investigator fa*i!iar "ith the "ays a victi* is groo*ed for an assa!tQ
5!ease note the deceptions and behaviors he attribtes to hi*se!f on 7aceboo6. $id yo
as6 the assai!ant "hat he and or daghter "ere ta!6ing abot "hi!e she visited in his
roo*Q

1>b Ro provided a discip!inary report doc*enting that #tdent 2 "as sspended and
e*ergency e(c!ded for having se( on schoo! property "hi!e in *idd!e schoo!. Ho" o!d
"as he "hen this occrredQ Why "asnCt the prior act of se(a! intercorse he engaged
in on schoo! property reported to the po!iceQ

1:b. What proof do "e have that #tdent 2 did not a!so se(a!!y assa!t that gir!Q
.ccording to ' 21: his behavior "o!d a!so be considered se(a! assa!t-

'?21: #e(a! .ssa!t ;io!ation of this offense *ay re<ire enro!!*ent in another appropriate
$istrict?approved progra*.

#e(a!!y assa!ting or ta6ing indecent !iberties "ith another person.
#e(a! assa!t inc!des n"anted toching or grabbing of se(a! parts, indecent
e(posre, sing force to engage in intercorse, ora! se(, or other se(a! contact,
Npantsing behavior by other than e!e*entary?age stdents1>, engaging in intercorse
or ora! se( "hether or not the other person c!ear!y refses De*phasis addedE or does
58
not have the *enta! or physica! abi!ity to consent. #e(a! assa!t does not inc!de
incidenta! toching n!ess it is f!agrant, prposef!, or repeated.
. stdent "ho is !ong?ter* sspended for vio!ation of #e(a! .ssa!t "i!! be re<ired to
participate in appropriate conse!ing for se(a! *isbehavior, at parent e(pense, at an
agency providing sch conse!ing or therapy. 8his is not the sa*e as b?*od conse!ing
and is not provided as part of the Reentry 5rogra* crric!*.

1@b. .ccording to these definitions, #tdent 2 co**itted t"o acts of se(a! assa!t
6no"n to s- one in eighth grade and one against or daghter in 10
th
grade. He "as
instead discip!ined both ti*es for !e"d condct. 'ven so, the discip!inary action ta6en
for t"o conts of !e"d condct is steeper than those *eted ot. He sho!d have been
!ong?ter* sspended and treated for se(a! assa!t. Why "asnCt he given the
appropriate pnish*entKtreat*ent for t"o conts of !e"d condct, !et a!one for se(a!
assa!tQ Why is #tdent 2 a!!o"ed to repeat behaviors that endanger stdents and "hy
he did not receive appropriate discip!ineQ

1+b. Why did the assai!ant post on 7aceboo6 that he "as 1greeLed2 after he "as
sspended for !e"d condct in )ov. 2012Q We notified the district of this posting. $o
yo nderstand the re!evance of this re*ar6 to this investigationQ What is the re!evance
in !ight of assai!antCs se!f?vie" as a chronic !iar, as he posted on 74Q &oncerning this
1greeLing,2 did yo as6 #tdent 2 "hy he thoght or daghter did not retrn to %arfie!d
H#Q

18b. ,s the schoo! a"are that the cabins "ere nheated and co!dQ $id the investigation
!earn anything abot the assai!antCs s!eeping bagQ

1Bb. When "e described the rape or daghter endred to Officer Radford "ho po!ices
%arfie!d, he as6ed s if the assai!ant "as 1 .2 Why "o!d Officer Radford vo!nteer
the na*e of the assai!antQ ,s it becase has so *any discip!inary prob!e*sQ

20b. $id yo as6 #tdent 2 or 3 "hether he had a f!ash!ightQ

21b. Ho" did #tdent 2 6no" he sodo*iLed or daghter for 10 *intesQ

22b. 9nder "hat categories has the assai!ant been previos!y discip!inedQ Why donCt
they have bearing insofar as they co!d indicate persona!ity disorders or vio!ent
behaviors that co!d !ead to a se(a! assa!tQ

23b. Ho" did the 1eye"itness,2 #tdent 3, describe or daghterCs appearance and
c!othing the night he a!!eged!y "itnessed consensa! se(.

rrRrr
rrRrr
59
2>b. 8he assai!ant stated that he "as na"are of the 1eye"itness2 being in the roo*.
Ho" does that figre in "ith the accont of the eye"itness "ho said he "itnessed
consensa! se(Q

2:b. $id #tdent 3 ever say to yo so*ething to the effect that 1he had the assai!antCs
bac62Q

2@b. Why did the eye"itness co*e for"ard a f!! "ee6 after the assa!t, on )ov. 11, to
say he had infor*ationQ Was this in response to ta!6ing "ith his !ong?ti*e friend, the
assai!ant, and concocting a p!an to be 1at his friendCs bac6Q2 4ecase the report so
heavi!y re!ies on the testi*ony of a circ!e of friends, p!ease indicate-

2+b. $id the assai!ant ever say that he !eft his roo* "hi!e #tdent 1 "as "ith hi*QE

28b. Why "erenCt #tdents @, +, 8, and B intervie"edQ

2Bb. Ho" does #tdent 3 characteriLe his re!ationship "ith the assai!antQ Ho" does
#tdent 2 characteriLe his re!ationship "ith #tdent 3Q

30b. Ho" does #tdent > characteriLe her re!ationship "ith the assai!antQ Ho" does
#tdent 2 characteriLe his re!ationship "ith #tdent >Q

31b. Ho" does #tdent : characteriLe her re!ationship "ith the assai!antQ Ho" does the
assai!ant characteriLe his re!ationship "ith #tdent :Q

8he districtCs non?response to 8it!e ,A in<iries
,n response to or <estions abot "hy the district fai!ed to i*p!e*ent any of the
*andatory 8it!e ,A procedres "hen an assa!t is reported, the district conse! on!y
referred to this draft report. 8he report does not address 8it!e ,A <estions.

1c. 7edera! 8it!e ,A provisions "ere to have begn the *o*ent or daghter reported
an assa!t on )ove*ber +, 2012. 8it!e ,A stattes re<ire a schoo! district to provide an
i**ediate investigation into a report of se(a! harass*ent or assa!t, regard!ess of any
concrrent cri*ina! investigation. 4ecase the schoo! districtCs conse! stated that their
po!icy is to do the opposite, the districtCs investigation began on!y after "e esca!ated or
co*p!aint, and fina!!y si( *onths after the assa!t. 8hs, stdents and teachers had the
opportnity to process events and fashion e(p!anations to *itigate responsibi!ity. ,n
other "ords, the veracity of infor*ation provided si( *onths after the assa!t is
<estionab!e. Many state*ents by the assai!ant and his friends in yor report
egregios!y contradict state*ents they *ade to the )ationa! 5ar6 #ervice.

8he investigation sho!d e(p!ain "hy the district ignored a!! its 8it!e ,A ob!igations and
"hy Mr. .post!e, the 8it!e ,A officer, fai!ed to reach ot "ith resorces after the assa!t
60
"as reported, and "hy he fai!ed to provide any infor*ation, "hen as6ed, abot 8it!e ,A
ob!igations.

2c. 8it!e ,A re<ires the schoo! to infor* the victi* of the sanctions i*posed pon the
assai!ant so that she co!d retrn to schoo! in a safe environ*ent and "ithot fear of
reta!iation. When as6ed on )ove*ber 8, 2012, the principa!, Mr. Ho"ard, refsed to
co**nicate the sanction i*posed, that is, a second e*ergency e(c!sion 0*eted ot
for se(a! assa!t andKor "hen the stdent presents a danger to hi*se!f andKor others3.
,nstead of te!!ing s abot this e(c!sion "hen as6ed the day after the rape, the districtCs
genera! conse! infor*ed s severa! *onths !ater, "hen sch infor*ation "as of no
benefit.

.s a res!t of "ithho!ding this infor*ation, or daghter co!d not retrn to schoo! to
proceed "ith her edcation and <ash the r*ors of 1greeLing2 that "ere being spread
by the assai!ant. Ho" *any gir!s "ho are raped re!ish seeing their assai!ant at schoo!
a*idst panic attac6s, f!ashbac6s, night*ares, and a!! the sy*pto*s of f!!?b!o"n 58#$Q
Had or daghter 6no"n he "as re*oved fro* schoo!, she co!d have retrned.
#trange!y, in /!y Mr. 'ng!ish tried to de*onstrate that the schoo! paved the "ay for or
daghterCs retrn even thogh "e !earned of the 10?day e(c!sion *onths after it
occrred, i.e. *onths after the "indo" of opportnity to retrn had !ong c!osedG

3c. Why "asnCt or daghterCs co*p!aint of se(a! assa!t ta6en serios!y and
i**ediate!y investigated so that the assai!ant co!d have been discip!ined for
co**itting se(a! assa!t, not Mst !e"d condctQ

>c. Why "asnCt the preponderance of evidence standard app!ied, as appropriate to 8it!e
,A re<ire*ents, to provide the stattory 8it!e ,A servicesQ ,snCt it the independent
investigatorCs Mob to deter*ine "hy none of the federa!!y re<ired 8it!e ,A procedres
"ere i*p!e*ented after or daghter reported the rape to the teachers on the *orning
of )ove*ber +, 2012Q

8eachersKad*inistrators
1d. Why doesnCt the science teacher, Ms. , re*e*ber introdcing her
boyfriend, "ho "o!d *eet her before c!ass severa! ti*es a "ee6 fro* the
beginning of the schoo! yearQ

2d. Why does the teacher ass*e that has 1another2 boyfriend in the assai!antQ
What is the re!evance of sch a fa!se ass*ption to this investigationQ

3d. What did Ms. say to stdents after she !earned abot the rape of one of her
stdentsQ

student1
student1
rrrrrrend
61
>d. Why does the teacher intervie"ed attribte fa!se behaviors to regarding the
assai!antQ ,s she part of a c!tre that be!ieves as6ed for rape becase she he!ped
the assai!ant "ith his ho*e"or6 dring c!assQ

O"ing to the teacherCs c!pabi!ity in fai!ing to i*p!e*ent the districtCs po!icies, co!d she
be b!a*ing the victi* to e(cse her o"n ineptitdeQ

:d. What did the science teachers say abot their fai!ed responsibi!ities to e(ecte
fie!dtrip prep!anning and chaperoning procedresQ $id they discss the professiona!
repercssions of their fai!re to perfor*Q

@e. Ror report indicates that the assai!ant confessed to Mr. Ho"ard the very night the
schoo! bs retrned fro* the trip. When as6ed abot obtaining a restraining order the
fo!!o"ing day so or daghter co!d retrn to schoo!, Mr. Ho"ard ad*itted that a
stdent had indeed confessed to Fhaving se(2 "ith or daghter. 8he ne(t day he
denied that a stdent confessed to 1having se(.2 8his dishonest reversa! is doc*ented
in correspondence. Why did Mr. Ho"ard !ie to sQ Why did he not te!! s the assai!ant
"as e*ergency e(c!ded "hen as6ed abot or daghterCs safety at schoo!Q

+e. Why did the #perintendent fai! to participate in the proper co*p!aint path"ay
"hich O#5, indicated in correspondence he sho!d haveQ

8e. Why has the #eatt!e schoo! board fai!ed to ho!d the district and the #perintendent
accontab!eQ 4ecase po!icy fa!!s nder the schoo! boardCs prvie", according to the
director, "hy didnCt the schoo! board sho" an active interest in the fie!dtrip po!icies that
a!!o"ed a se(a! assa!t to occrQ

Be. When "e co*p!ained to the schoo! board ho" Mr. 'ng!ish t"ice "rote s that the
se(a! assa!t 0'?21:3 "e described co!d occr in the conte(t of appropriate
chaperoning, the schoo! board *ere!y sent or co*p!aint bac6 to the very individa! "e
co*p!ained abot. Why didnCt the schoo! board render an independent opinionQ

$rgs
1e. 8he districtCs report referred to a paranoid stdent on drgs "ho "ent into the gir!sC
roo*. One gir! reported in the )ove*ber report a boy co*ing in throgh the "indo"
to avoid peop!e s*o6ing. What "as the paranoid stdent in the districtCs report singQ

2e. Were any of the stdents, inc!ding the assai!ant, as6ed abot drg and a!coho! seQ
,f so, "hat did they sayQ

student1
student1
62
5re!i*inary re*ar6s concerning draft reportCs *isinfor*ation-
8he districtCs draft report contains significant *isinfor*ation that "i!! be addressed
in or forthco*ing response after "e receive the re<ested facta! infor*ation
fro* the district.
,n the *eanti*e, a fe" e(a*p!es of sch *isinfor*ation-

1. 8he victi*Cs *other, did not 1order2 the science teacher, Ms.
#noo6a!, to co*pe! or daghter to agree to a rape 6it, bt she did as6 Ms. #noo6a! to
ta!6 to or daghter abot it. Rather than fa!sifying the record, did Ms. #noo6a!
co**ent on her o"n condition at the hospita!, as she "as obvios!y a"are of the dire
conse<ences of her irresponsib!e behaviorQ

2. Or daghter did not discss se( "ith the assai!ant, nor state that she "as raped.
8his is Mst one of n*eros fa!se state*ents and behaviors the assai!ant attribted to
or daghter to Mstify raping and sodo*iLing her.

3. Or daghter had no re!ationship "ith the assai!ant otside schoo! and had no
ro*antic interest in hi*.

8he focs of an independent investigation
,n addition to providing s "ith the infor*ation re<ested, an independent investigation
*st revea! "hy the district has contined to hide behind a fictitios story of consensa!
se( to spare itse!f fro* accontabi!ity and !iabi!ity for the !ife?scarring da*ages or
daghter sstained. Rape is a devastating and insidios event that contines to rear its
g!y head in cont!ess "ays. 8he victi* "i!! never e(perience a !ife "ithot the deep
*e*ory of rape??even at the *ost sbt!e, bt significant, !eve!s of her being. ,nstead of
trying to deny that a rape occrred to avoid !iabi!ity, instead of resorting to victi*
b!a*ing and other evasive tactics, the district sho!d be focsed on a thorogh and
e(hastive e(a*ination of chaperoning po!icies and their proper i*p!e*entation, staff
neg!igence, po!icies that a!!o"ed stdents discip!ined for !e"d condctKse(a! assa!t to
participate in *!ti?night fie!d trips, the fai!re to i*p!e*ent 8it!e ,A provisions as
federa!!y re<ired, a*ong other acts of gross neg!igence that a!!o"ed or daghter to
be assa!ted.

#ad!y or sccessf! daghter has seen her !ife disintegrate "hen the assai!ant??a se!f?
proc!ai*ed chronic !iar, a stdent a!ready sspended for having se( at schoo!??"as given
f!! opportnity to act ot "hi!e teachers too6 a fa*i!y vacation, "hi!e nscreened and
ninfor*ed co!!ege aged chaperones trned a b!ind eye and deaf ears on the co*ings
and goings of stdents throghot the night. 1'veryone accontab!e,2 the districtCs
*otto, sho!d be changed *ore accrate!y to 1)o one accontab!e.2 8he pb!ic needs
to 6no" ho" one fa*i!y, "ith the assistance of O#5, and other agencies, "as ob!iged to
ho!d the schoo!, the district, the sperintendent, and the schoo! board accontab!e. )o
rrrent
63
dobt other fa*i!ies "i!! co*e for"ard "ith their grievances once or daghterCs story
is *ade 6no"n. 8he schoo! o"es the pb!ic f!! and transparent disc!osre. 8his "i!!
happen, even if the district contines to "hite"ash its behavior behind a shie!d of
dob!eta!6, intentiona! *isinfor*ation, victi*?b!a*ing, bravra, a*ong its *any tactics
that "i!! not escape pb!ic scrtiny.

#incere!y,

cc- O#5,
attached to e*ai!- assai!antCs 7aceboo6 posts

rrrent
rrrent

Dear Chaperone,

Thank you so much for volunteering! NatureBridge in Olympic National Park provides hands-on field science
that supports your schools classroom science curriculum! "our support, positive attitude, and #illingness to
participate are of great importance to $oth students and NatureBridge staff to ensure a successful program!

Please carefully revie# all the materials in this packet!

%! Chaperone &greement ' (ign this agreement and return it to your trip organi)er in advance of your
arrival on campus!
*! +egistration,-edical +elease .orm ' Complete this form and return it to your trip organi)er #ell in
advance of your arrival on campus!
/! Clothing and 01uipment 2ist ' Bring all of these items so you #ill $e dry, #arm, and comforta$le
during your stay in Olympic National Park!

Other 3elpful 4nformation

Daily (chedule' During your NatureBridge program, it is your responsi$ility to supervise students during and
$et#een all activities, as #ell as overnight! Teachers divide students and adults into learning groups and ca$in
groups! .rom 5 a!m! until 6 p!m! students #ill $e in learning groups and engaged in field science activities led
$y a NatureBridge field science educator! The program day ends #ith a 7 p!m! evening program! Participants
return to dormitory-style ca$ins at 8'/9 p!m! to prepare for the $eginning of 1uiet hours at 5'/9 p!m!

:hos :ho ' &dult +oles and +esponsi$ilities ' NatureBridge staff, your schools lead teacher, and other
adults ;including you!< play important roles in guiding positive student $ehavior! +esponsi$ilities are e=plained
in the attached document!

Cell Phone +eception ' "ou #ill pro$a$ly have cell phone reception during your NatureBridge program! Please
limit calls to times #hen you are not supervising students! 4n the event of an emergency at home, you may $e
reached at />9-5*8-/7*9? outside of $usiness hours, this num$er refers callers to our emergency cell phone!

.amily Program Discounts ' To sho# our appreciation for your contri$ution to this program@s success, #e offer
you a *AB discount for NatureBridge family programs in Olympic National Park! Please contact Cillian
3agamen ;ghagamenDnature$ridge!org or *9>-/8*->*%* e=t %/< to get your chaperone discount code!

:e appreciate your efforts to make your NatureBridge program re#arding and memora$le for $oth students
and adults! :e have lots of learning, fun, and adventure planned for your school@s field science program and
look for#ard to meeting you and sharing the $eauty and magic of the forests and coast here on the Olympic
Peninsula!

(incerely,

The NatureBridge 0ducation Team in Olympic National Park

1

:hos :ho' &dult +oles and +esponsi$ilities at NatureBridge in Olympic National Park

-any people help make your NatureBridge program a success! .rom trip organi)ers to NatureBridge staff to adult
participants, each of us has our role to play!

3eres #hat NatureBridge field science educators and,or other staff do'
During your NatureBridge program'
lead small learning groups of students from 5 a!m! to 6 p!m! in hands-on field science instruction
facilitate nightly interactive evening programs from 7 p!m! until 8'/9 p!m!
assist students and adults in preparing to remain comforta$le, dry, and #arm during program activities
support transitions $et#een program activities, including meal times

3eres #hat lead teachers,trip organi)ers do'
Before arrival at NatureBridge'
colla$orate #ith NatureBridge staff to plan a field science program that meets your schools goals
distri$ute, collect, and complete all necessary pre-trip paper#ork
prepare students and adults for a successful e=perience $y informing them of #hat is e=pected during your
program, including proper gear selection, positive $ehavior, and sufficient academic preparation
assign students and adults into three groups'

o learning groups
o ca$in groups
o meal groups
coordinate transportation for all student and adult participants

colla$orate #ith other adults to ensure students are supervised at all times
check in #ith NatureBridge field science educators daily to monitor your programs success
manage storage and administration of all student medications $y school staff
give feed$ack to NatureBridge staff during an in-person e=it intervie#

3eres #hat all adult participants ;including teachers< do'
Before arrival at NatureBridge'
revie#, sign, and return the Chaperone &greement to your trip organi)er
complete and return the +egistration,-edical +elease .orm to your trip organi)er
pack all items on the Clothing and 01uipment 2ist to $e comforta$le, dry, and #arm during your program
make your transportation plan #ith the trip organi)er,lead teacher

supervise students at all times, including overnight
reinforce NatureBridge educators instructions to students a$out proper $ehavior, gear selection, and more
su$mit your NatureBridge program evaluation online ;http',,###!surveymonkey!com,s,B"ECF7G<
OPT4ON&2' share your photos #ith NatureBridge using the computers in (torm Hing 3all

1

CLOTHING AND EQUIPMENT LIST (FOR ON -CAMPUS PROGRAMS )

Please bring all !e ie"s #n !is lis$ Please a%&'s !e n'"ber #( s#)*s+ ,ans+ e)$
a))#r%ing # !e n'"ber #( %a-s -#' .ill be s,en%ing a Na're/ri%ge$ 0!en as*e%
.!a !e- )#'l% !a1e %#ne # "a*e !eir sa- #n )a",'s "#re en&#-able+ s#"e
s'%ens ans.er !a !e- .#'l% !a1e (#ll#.e% !e e2'i,"en lis "#re )l#sel-$
Please arri1e a Na're/ri%ge %resse% (#r !i*ing 3 .i! -#'r ,a)* rea%-4
DA5 PAC6 - /e ,re,are%4 U,#n arri1al -#' .ill be #n !e rails an% nee% a %a- ,a)* (ille% .i! !e si7 ie"s
bel#.$ Pa)* -#'r ,ers#nal an% #1er-nig! ie"s se,arael-$
RAIN GEAR- .aer ,r##( + n# &'s .aer-resisan$ A rain s'i (&a)*e an% ,ans) is "')! beer !an a
,#n)!# be)a'se i *ee,s all #( -#' %r-$
0ARM 6NIT OR FLEECE HAT - (#r )##l nig!s an% ,#ssibl- rain- %a-s$
0ATER /OTTLE- 'nbrea*able #ne 2'ar ,lasi) b#le .i! s)re.-#n+ lea*-,r##( #, (s')! as s#%a #r
s,#rs-%rin* b#les)$ N# glass b#les ,lease4
NOTE/OO6 AND PENCIL
E8TRA LA5ERS OF 0ARM CLOTHING
SAC6 LUNCH- (#r !e (irs %a- #nl-$
Han%*er)!ie(#r ban%ana9 nee%e% e1er- %a- (#r l'n)!es
FOOT GEAR - bring .# #r !ree ,airs: s'r%-+ .#rn in !i*ing b##s+ snea*ers+ #r .al*ing s!#es an%;#r r'bber
#r .aer,r##( b##s$ Trails )an be .e an% "'%%- in an- seas#n$ All#. an e7ra ,air #( s!#es in )ase
#!ers ge .e$ O(en ,ari)i,ans (in% !a a ,air #( S,#r San%als is ni)e (#r !e s!#.ers an% i( -#'r gr#',
is g#ing )an#eing$
PANTS - !ree r'gge% ,airs (in)l'%ing #ne ,air #( .ar" ,ans)$
SHIRTS - !ree r'gge% s!irs+ ,l's a (e. lig!.eig! s!irs (#r .ar" .ea!er$
S0EATER OR FLEECE - .# lig!.eig! .##l #r (lee)e la-ers are bes< a1#i% )##n$
=AC6ET9 an ins'lae% la-er+ s')! as a ,ar*a .i! !##% is a g##% )!#i)e$
MITTENS- "iens are .ar"er !an gl#1es< .##l #r (lee)e is .ar" .!en .e$
SOC6S- (i1e ,airs #( s#)*s (.##l ,re(erre%)$
UNDER0EAR
THERMAL UNDER0EAR - ,#l-,r#,-lene #r )a,ilene< 1er- .ar" an% lig!.eig!$
PA=AMAS+ /ATHRO/E - re"e"ber+ ba!r##"s;s!#.ers are in a se,arae b'il%ing$
TO0EL
TOILETRIES - s!a",##+ s#a,+ ##!br's!+ ##!,ase+ ,ers#nal "e%i)ai#n$
SLEEPING /AG + PILLO0S- g##% 2'ali- s-n!ei) #r %#.n (ill< s!ees an% blan*es are (ine i( -#' %# n# !a1e
a slee,ing bag$
FLASHLIGHT 9 Unless #!er.ise re2'ese% b- -#'r ea)!er
OPTIONAL ITEMS - s'nglasses+ bin#)'lars+ (iel% g'i%e+ re)-)lable )a"era$
Eaing b#.l+ )', an% sil1er.are>O(( )a",'s )a",ing ,r#gra"s #nl-$

NOTE TO PARENTS AND STUDENTS:
PLEASE DO NOT /RING
E7ra (##%- (##% is n# all#.e% in !e )abins$ A",le (##% .ill be ,r#1i%e%$
6ni1es- are a sa(e- !a?ar%4
Ele)ri)al a,,lian)es ; ga"es - in)l'%ing 0al*"ans+ Dis)"ans #r I,#% li*e ,la-ers$
An-!ing !a .#'l% be sa%l- "isse% i( l#s4

...$na'rebri%ge$#rg;#l-",i)-,ar* - @@@ /arnes P#in R%$ 9P#r Angeles+ 0A ABCDC 9 CDE$AFB$FGFE - O)#ber @H+ FE@@ @

IFOUR STRI6ES J DISCIPLINE POLIC5
Sri*e @
- 1erbal .arning

Sri*e F
- )#ns'lai#n .i! s'%enKs ea)!er

Sri*e C
- !e s'%en .ill .rie an% sign a
)#nra) ab#' .!a s;!e .ill %# # )!ange
!e be!a1i#r

Sri*e L
- !e s'%en "a- be re"#1e% (r#"
an a)i1i-+ as*e% # )all !#"e+ #r in an
e7re"e )ase e7,elle% (r#" !e ,r#gra"
NATURE /RIDGE IN OL5MPIC NATIONAL PAR6 STUDENT CONTRACT
Greeings an% .el)#"e in a%1an)e # Na're/ri%ge4 0e are e7)ie% !a -#' .ill be &#ining 's s##n$ O'r
)#""i"en is # ,r#1i%e ne. e7,erien)es+ ('n learning #,,#r'niies+ an% sa(e a%1en'res$ I( -#' )!##se #
,ari)i,ae+ .e as* !a -#' )#"e # )a",'s .i! a )#""i"en #( -#'r #.n: # li1e b- !e (#ll#.ing
g'i%elines$ I( -#' )an agree # !is )#nra)+ ,lease ,' -#'r iniials ne7 # ea)! ie" an% sign a !e b##"$
GENERAL AGREEMENTS
I agree # ,ari)i,ae in !e ,r#gra" a
Na're/ri%ge in Ol-",i) Nai#nal Par*$
I agree # be #n i"e (#r s)!e%'le% "eeings an%
e1ens$
I agree # res,e) !e ,ri1a)-+ ,r#,er-+ an%
(eelings #( #!ers$ I 'n%ersan% !a .e .ill be
li1ing #ge!er in )abins an% s!aring !e
)a",'s$
I agree # rea "- (ell#. s'%ens+ )!a,er#nes+
an% e%')a#rs .i! res,e)$ I 'n%ersan% !a
!#. I al* # ,e#,le is i",#ran$ I .ill als# %#
"- bes # ,a- aeni#n .!en s#"e#ne is
al*ing # "e+ .!e!er i is a )!a,er#ne+ a
Na're/ri%ge E%')a#r #r "- bes (rien%$
I agree # (#ll#. "- C LOTHING AND EQUIPMENT LISTan% bring !e !ings IMll nee% (#r "- sa- (li*e
raingear+ a lea*-,r##( .aer b#le+ e7ra )l#!es+ e)$)
I agree # sa- #' #( #!er s'%ensM )abins$
I 'n%ersan% !a lig!s #' is a A:CE ,"$ I agree # be 2'ie an% res,e)('l in !e e1ening s# !a
e1er-#ne )an ge en#'g! slee, # ,ari)i,ae an% sa- !eal!-$
I agree # *ee, (##% #' #( "- )abin$ I .ill gi1e an- (##% le( #1er (r#" "- (irs %a-Ks l'n)! # "-
)!a,er#nes$
/OTTOM-LINE AGREEMENTS
I 'n%ersan% !a a 1i#lai#n #( an- #ne #( !e (#ll#.ing #r a )#"binai#n #( !e ab#1e )#nra)
agree"ens "a- res'l in a re'rn ri, !#"e a "- ,aren;g'ar%ianKs e7,ense$
I agree n# # )a'se ,!-si)al #r e"#i#nal !ar" #r !reaen an- #!er ,ers#n$
I agree # res,e) !e Na're/ri%ge )a",'s an% Ol-",i) Nai#nal Par*+ an% re(rain (r#" an- a)s #( 1an%alis"$
I 'n%ersan% !#. i",#ran i is # be sa(e #n !e rails$ I .ill ,ari)i,ae in a .a- !a .ill *ee, !e gr#', an%
"e sa(e b- (#ll#.ing all #( !e rail r'les$
I agree # re(rain (r#" bringing #r 'sing n#n-,res)ri,i#n %r'gs+ )igarees+ .ea,#ns+ an%;#r al)#!#l a
Na're/ri%ge$
I agree # ens're a )!a,er#ne al.a-s *n#.s .!ere I a" an% I agree n# # e1er .an%er #(( al#ne$

Signa're Dae
9pdated- )ove*ber 2B, 2011 5age 1 of >
R'%,#8R.8,O), H'.=8H #&R''), .)$ 5.R8,&,5.)8 .%R''M')8
5='.#' R'.$ 8H,# ')8,R' $O&9M')8 &.R'79==R .)$ 5RO;,$' .== R'Z9'#8'$ ,)7ORM.8,O) ='%,4=R .)$ ,)
,)K. 4' #9R' 8O #,%) .)$ $.8' WH'R' ,)$,&.8'$ O) 8H' =.#8 5.%'. ,)&OM5='8' .)$KOR 9)#,%)'$
7ORM# M.R $'=.R OR 5R'&=9$' 5.R8,&,5.8,O) ,) 8H' 5RO%R.M. 5.R')8 OR ='%.= %9.R$,.) M9#8
&OM5='8' .)$ #,%) 7OR M,)OR &H,=$R').
5articipant )a*e- TTTTTTTTTTTTTTTTTTTTTTTTTTTT $ate of 4irth- TTTTTTTTTTTTTTT %rade- TTTTTTTTTT Ma!e 7e*a!e
.ddress- TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTT TTTTT TTTTTTT TTTTTTTTTTTTTTTTTT 0TTT3TTTTTTTTTTT
#treet &ity #tate [ip '*ai! 8e!ephone
5articipant is a- Minor #e!f 8eacher 5arentK&haperone
)a*e of 5arent0s3 or =ega! %ardian0s3 0if 5articipant is a *inor3- 013 TTTTTTTTTTTTTTTTTTTTTT 023 TTTTTTTTTTTTTTTTTTTTTT
.ddress0es3 of 5arent0s3K=ega! %ardian 0,f different than above3-
TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTT TTTTT TTTTTTT TTTTTTTTTTTTTTTTT 0TTT3TTTTTTTTTTTT
#treet &ity #tate [ip '*ai! 8e!ephone
5articipant 'thnicity- White .frican?.*erican .sian?.*erican Hispanic?.*erican )ative .*erican Other
)a*e of #choo!-TTTTTTTTTTTTTTTTTTTTTTTTT )a*e of Head 8eacher or %rop &ontact-
'M'R%')&R &O)8.&8# I 5arent or =ega! %ardian *st be provided as first e*ergency contact
013 )a*e TTTTTTTTTTTTTTTTTTTTTTTTTTTT Re!ation TTTTTTTTTTTTTTTTTTTTTT '*ai!
$ay 5hone TTTTTTTTTTTTTTTTTTTTTTTT 'vening 5hone TTTTTTTTTTTTTTTTT &e!! 5honeK5ager
023 )a*e TTTTTTTTTTTTTTTTTTTTTTTTTTTT Re!ation TTTTTTTTTTTTTTTTTTTTTT '*ai!
$ay 5hone TTTTTTTTTTTTTTTTTTTTTTTT 'vening 5hone TTTTTTTTTTTTTTTTT &e!! 5honeK5ager
H'.=8H ,)7ORM.8,O) ? 5='.#' 7,== O98 &OM5='8'=R $O&8OR #,%).89R' )O8 R'Z9,R'$
$oes the 5articipant have, or has the 5articipant had, any of the fo!!o"ing conditions or sy*pto*sQ
&rrent Medica! &onditions $iseases .!!ergies
1. 4!eedingK&!otting $isorders Res )o 13. &hic6en 5o( Res )o 18. Hay 7ever Res )o
2. .sth*a Res )o 1>. Meas!es Res )o 1B. ,odine Res )o
3. $iabetes Res )o 1:. M*ps Res )o 20. 5oison Oa6 Res )o
>. 'ar ,nfections Res )o 1@. Other $iseases Res )o 21. 5enici!!in Res )o
:. Heart $efectsKHypertension Res )o 1+. $ate of !ast 8etans shot-

22. 4eesKWaspsK,nsects Res )o
@. 5sychiatric 8reat*ent Res )o 22. 7ood Res )o
+. #eiLre $isorder Res )o 2>. Other .!!ergies Res )o
8. ,**no?&o*pro*ised Res )o
B. #!eep Wa!6ing Res )o ,f 5articipant Has .!!ergies-
10. 4ed"etting Res )o 2:. $o yo carry yor o"n
'pinephrine or 'pi?penQ Res )o
11. Other Res )o 2@. $o yo carry yor o"n Res )o
,nha!erQ
12. Hospita!iLed in the !ast : yrsQ Res )o
,f yo have ans"ered 1yes2 to any of the above ite*s, p!ease e(p!ain be!o". 5rovide corresponding n*ber. 0.ttach additiona! pages if
necessary.3
Zestion )o. '(p!anation

,s the 5articipant ta6ing any *edicationQ Res )o
5!ease !ist a!! *edications the 5articipant is ta6ing and the prpose of each.XX

XX5articipant *st contine to ta6e a!! *edications dring the 5rogra* n!ess other"ise instrcted by yor physician.
,s the 5articipant capab!e of participating in a : *i!e hi6eQ Res )o
.re there any restrictions on the 5articipantCs physica! activityQ Res )o
5!ease describe

$oes the 5articipant have any food a!!ergies Q 5!ease specify
$oes the 5articipant have any food restrictions Q 5!ease specify
5!ease provide any additiona! infor*ation that yo be!ieve "e sho!d 6no" to he!p s provide a <a!ity e(perience for the 5articipant.

)a*e of 5hysician 8e!ephone )*ber
Medica! ,nsrance carrier
5o!icy FK,.$.F #bscriber )a*e
.dditiona! infor*ation attached- Res )o
5.R8,&,5.)8 .%R''M')8
0,)&=9$,)% .##9M58,O) O7 R,#K#, R'='.#' .)$ ,)$'M),7,&.8,O)3
R'Z9,R'$ 7OR .== 5.R8,&,5.)8#

5='.#' R'.$ 8H,# ')8,R' .%R''M')8 &.R'79==R. ,8 .77'&8# 8H' ='%.= R,%H8# O7 5.R8,&,5.)8# .)$ 8H',R 7.M,=,'# ,)
8H' ';')8 O7 .) ,)/9RR OR O8H'R =O##.
.!! 5articipants age 18 and o!der, inc!ding a!! teachers and chaperones, 0referred to as 1.d!t 5articipants23, *st sign this
5articipant .gree*ent. .t !east one parent or !ega! gardian 0both referred to as 15arent23 *st sign on beha!f of the*se!ves
individa!!y as "e!! as on beha!f of their *inor chi!d or "ard 0referred to as 1Minor 5articipant23. 8he ter* 1,2 as sed in this
5articipant .gree*ent refers to the .d!t 5articipant andKor 5arent. 8he ter* 15rogra*2 refers to the )atre4ridge progra*
in "hich a 5articipant has enro!!ed.
,n consideration of the 5rogra*, services, benefits and a*enities provided by )atre4ridge, a &a!ifornia )on?5rofit 5b!ic
4enefit &orporation, , hereby nderstand, ac6no"!edge and agree as fo!!o"s-
.ctivities and Ris6s
.ctivities vary fro* progra* to progra*, and *ay inc!de hi6ing, ste"ardship activities 0for e(a*p!e, p!ant re*ova! and trai!
*aintenance3, bac6pac6ing, s6iing, sno"shoeing, snor6e!ing, 6aya6ing, canoeing, and other "ater craft e(crsions. #o*e
progra*s invo!ve trave! in )atre4ridge vehic!es driven by )atre4ridge e*p!oyees. , nderstand that this 5rogra* e(poses
its 5articipants to a variety of ris6s and haLards, foreseen and nforeseen, so*e of "hich are inherent and cannot be
e!i*inated "ithot fnda*enta!!y a!tering the ni<e character of the 5rogra*. 8hese inherent ris6s inc!de, bt are not
!i*ited to, environ*enta! ris6s and haLards, inc!ding rapid!y *oving, deep, or co!d "aterJ p!ants, insects, sna6es, and
predators, inc!ding !arge ani*a!sJ fa!!ing and ro!!ing roc6J !ightningJ and npredictab!e forces of natre, inc!ding "eather that
*ay change to e(tre*e conditions "ithot notice. 5ossib!e inMries and i!!nesses inc!de a!!ergic reactions, inc!ding,
i*portant!y, anaphy!a(is, hypother*ia, frostbite, high a!titde i!!nesses, snbrn, heatstro6e, dehydration, infectios diseases,
*sc!os6e!eta! inMries, and other *i!d or serios conditions or inMries, inc!ding death. '*ergency evacation and *edica!
care *ay be de!ayed t"enty?for 02>3 hors or *ore de to the re*ote !ocations of so*e 5rogra* activities.
.ss*ption of the Ris6s
, nderstand that the description above of the ris6s invo!ved in )atre4ridge activities is not co*p!ete, and that other ris6s
*ay res!t in property !oss, persona! inMry, or death. 7or *yse!f and for *y Minor 5articipant, , agree to ass*e, to the f!!est
e(tent per*itted by !a", the ris6s of participation, 6no"n and n6no"n, inherent or not, and "hether or not sch ris6s are
described above. , nderstand that participation in this 5rogra* is entire!y vo!ntary and , consent to participation "ith f!!
6no"!edge of the ris6y natre of the 5rogra*. ,f the 5articipant is a *inor chi!d, , have discssed the activities and ris6s "ith
her or hi* and the chi!d "ishes to participate neverthe!ess.
Re!ease and ,nde*nification
,, an ad!t 5articipant or 5arent of a Minor 5articipant, for *yse!f and on beha!f of that Minor 5articipant, agree to re!ease,
inde*nify, protect, and ho!d har*!ess, and pro*ise not to se, )atre4ridge andKor its affi!iated ca*pses, andKor any of
their respective officers, directors, e*p!oyees, contractors, and insrers 0the 1Re!eased 5arties23, "ith respect to any and a!!
c!ai*s, de*ands, da*ages, !osses, or !iabi!ities, inc!ding, bt not !i*ited to, c!ai*s for persona! inMry or death, "hich , or *y
Minor 5articipant *ay sffer, arising ot of or in any "ay re!ated to *y, or *y Minor 5articipantCs, participation in the
5rogra*. 8he c!ai*s hereby re!eased and inde*nified against inc!de those cased by or arising fro* the neg!igence of a
Re!eased 5arty, or any of the*, bt not those cased by or arising fro* any rec6!ess or intentiona!!y "rongf! act or o*ission.
,f a Re!eased 5arty is re<ired to defend any c!ai* broght by andKor on beha!f of *e, a fa*i!y *e*ber, andKor *y Minor
5articipant, , or *y, andKor the Minor 5articipantCs, heirs or e(ectors agree to pay sch Re!eased 5artyCs costs of !itigation and
attorneyCs fees if and to the e(tent the Re!eased 5arty sccessf!!y defends against sch c!ai*.
Medica!
, represent that the *edica! infor*ation , have provided above is correct and co*p!ete to the best of *y 6no"!edge.
, athoriLe )atre4ridge staff "ho have received appropriate training to ad*inister basic first aid and 1over the conter2
*edication, inc!ding aspirin, 8y!eno!, ibprofen, 4enadry!, )eosporin, 5epto?4is*o!, and si*i!ar *edications. , nderstand
that )atre4ridge staff does not carry epinephrine for the treat*ent of !ife threatening a!!ergic reactions "hich *ight occr
dring the 5rogra*. ,f *y Minor 5articipant has a 6no"n !ife? threatening a!!ergy, or if , have been advised that he or she
sho!d be prepared for a possib!e serios a!!ergic reaction, *y Minor 5articipant has been provided "ith ato? inMectab!e
epinephrine and a physicianCs instrctions for its se, and , have instrcted *y Minor 5articipant to have these avai!ab!e at a!!
ti*es dring the 5rogra*. ,f *y Minor 5articipant is enro!!ing in the 5rogra* as part of a schoo! or other grop, , have a!so
infor*ed the person in charge of the schoo! or other grop of this a!!ergy and any app!icab!e physician ?prescribed protective
*easres.
, athoriLe any ad!t chaperone or *e*ber of the )atre4ridge staff to obtain *edica! care for *y Minor 5articipant 0or *e, if
, a* nab!e to consent3, and to consent to any A?ray, e(a*ination, anesthetic, diagnosis, treat*ent andKor hospita! care that
*ay be reco**ended by a !icensed physician andKor dentist. ,n the event of *inor i!!nesses or inMries, , nderstand that
)atre4ridge "i!! atte*pt to contact *e at the ear!iest practicab!e opportnity. ,n the event of *aMor i!!nesses or inMries, ,
nderstand that )atre4ridge "i!! atte*pt to contact *e before the co**ence*ent of any *edica! treat*ent, n!ess *y
9pdated- )ove*ber 2B, 2011 5age > of >
Minor 5articipantCs condition is sch that treat*ent *st be co**enced i**ediate!y before contact "ith *e can be *ade.
'ven if , cannot be reached, this athoriLation re*ains in f!! force and effect.
, agree to ass*e f!! financia! responsibi!ity for the costs of any evacation andKor any *edica! careKtreat*ent that , or *y
Minor 5articipant *ay receive.
Other 5rovisions
, agree that )atre4ridge and its designees *ay se, "ithot restriction or co*pensation, *y !i6eness, or that of *y Minor
5articipant, "hether in photographs or video, as "e!! as any "riting, art"or6 andKor testi*onia!s created by *e or *y Minor
5articipant and sb*itted to )atre4ridge. , agree that once sb*itted, these *ateria!s sha!! beco*e the property of
)atre4ridge.
, nderstand that dring part of the 5rogra*, *y Minor 5articipant "i!! be nder the spervision of teachers, chaperones, and
other ad!ts "ho are not )atre4ridge e*p!oyees, and "ho have not been se!ected, and are not spervised, by )atre4ridge.
, nderstand and agree that )atre4ridge is not responsib!e for the actions of any sch individa!s.
)atre4ridge ses independent contractors for so*e services, and sch independent contractors, and not )atre4ridge, are
so!e!y responsib!e for any !osses or inMries cased by their acts or o*issions.
, nderstand that this 5articipant .gree*ent is intended by )atre4ridge to have as broad an effect as the !a" per*its, and
that if any part of this 5articipant .gree*ent is fond to be inva!id for any reason, the re*ainder of the 5articipant .gree*ent
sha!! re*ain va!id and f!!y enforceab!e.
, agree that if there is a dispte bet"een *e or *y Minor 5articipant, on the one hand, and a Re!eased 5arty, on the other,
sch dispte "i!! be governed by the sbstantive !a"s of the #tate of &a!ifornia, and that any !a"sit against any of the
Re!eased 5arties "i!! be fi!ed and *aintained in a cort of co*petent Mrisdiction in #an 7rancisco &onty, &a!ifornia.
, have caref!!y read this 5articipant .gree*ent, , nderstand its ter*s, and a* signing it vo!ntari!y. , have had any <estions
concerning the 5rogra* ans"ered to *y satisfaction.
, have been advised to cons!t "ith an attorney of *y choosing if , have any <estions regarding the trans!ation of this
5articipant .gree*ent. , nderstand that in the event of any isse regarding the trans!ation, the 'ng!ish version of this
5articipant .gree*ent sha!! contro!.
)a*e of 5articipant
5rint )a*e

TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTKTTTTTKTTTTT
5arent or %ardian #ignatre 5rint )a*e $ate
07or Minor 5articipant3

TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT TTTTTKTTTTTKTTTTT
.d!t 5articipant #ignatre 0if age 18 or o!der3 $ate
1>83@?3>>0?>8+3

>8>8?+2@8?1BB3, v. 1

N&TI+0B+4DC0 4N O2"-P4C N&T4ON&2 P&+H C3&P0+ON0 &C+00-0NT
Creetings and #elcome in advance to NatureBridge! :e are e=cited that you #ill $e Joining us soon!
Our commitment is to provide fun science learning opportunities, ne# e=periences, and safe adventures! By
choosing to volunteer as a chaperone, you come to NatureBridge #ith a commitment of your o#n' to live $y
the follo#ing guidelines! Please read through this carefully, initial and sign to indicate your agreement!

C0N0+&2 +0(PON(4B424T40(
4 understand that my primary responsi$ility #hile at NatureBridge is to supervise students! 4 am
directly responsi$le for students during free time and meals, as #ell as in the ca$ins overnight! 4 #ill
not give students permission to leave campus or $e on the lakeshore #ithout an adult present!
4 have revie#ed the (TID0NT CONT+&CT , #hich outlines the $ehavior #e e=pect from students during
our program! 4 #ill guide student $ehavior using this contract as a frame#ork to prevent any
unaccepta$le $ehavior that may result in a negative program e=perience!
4 understand that any $reaks from my supervisory responsi$ilities #ill $e coordinated $y the lead
teacher, #ho may set up a rotating supervision schedule if possi$le!
4 understand that our school #ill likely $e sharing campus #ith another school group! 4f any adverse
interaction occurs, 4 #ill involve adults from the other group immediately!
4 agree to respect the privacy, property, and feelings of others! 4 understand that #e@ll $e living
together in ca$ins and sharing the campus!
4n the event of an emergency, 4 #ill call 5%% first ;if applica$le< and then the NatureBridge emergency
cell phone ;/>9-77A-%A6><!
4 agree to not $ring or use non-prescription drugs, #eapons, and,or alcohol at NatureBridge!
4 agree to not allo# any students to s#im or #ade in any #ater $ody!
4 agree to respect the NatureBridge campus and Olympic National Park and follo# all trail rules and
National Park (ervice regulations!
4N T30 C&B4N &ND DI+4NC .+00 T4-0
4 understand that 1uiet hours $egin at 5'/9 pm! 4 agree to monitor students to ensure they are 1uiet
and respectful in the evening so that everyone can get enough sleep to participate and stay healthy!
4 agree to fill out the ca$in roster sheet on the clip$oard outside my ca$in door, and in the event of a
maJor emergency, 4 #ill $ring this ca$in roster #ith me #hen #e gather for a head count!
4 understand that the single occupancy restrooms at the $ack of the $athhouse are for handicapped
and adult use only! 4 #ill also maintain a supervisory presence in the student $athhouse!
4 agree to help keep food out of my ca$in! 4 #ill give any confiscated food,candy to a NatureBridge
staff mem$er in the dining hall for storage until the end of our stay!
4 agree to ensure that students have cleaned ca$ins and packed all of their $elongings $y 5 a!m! on
departure day!

0mergency Phone Num$ers
.ire and Police' 5%%

NatureBridge nighttime emergency cell phone' />9-77A-%A6>

NatureBridge administration office' />9-5*8-/7*9

NatureBridge is located on 2ake Crescent in Olympic National Park at'
%%% Barnes Point +oad, Port &ngeles, :& 58/>/

-0&2 T4-0(
4 understand that tea and coffee are availa$le anytime in the dining hall for adults or high school
students only!
4 #ill make sure that students scheduled to $e 3oppers head to the dining hall %9 minutes prior to our
meal time!
:hen students are dismissed from the dining hall, 4 #ill ensure they are appropriately supervised!
DI+4NC P+OC+&- T4-0 ;D&"T4-0 &ND 0K0N4NC<
4 agree to participate in the program at NatureBridge $y acting as a role model for students, sho#ing
interest and $eing prepared!
4 #ill let the students dominate discussions and ans#er 1uestions on their o#n!
4 agree to limit my use of personal electronic devices ;cell phones, etc<! 4f a call is mandatory, 4 #ill step
$ack from an educational activity so as not to distur$ the activity!
4 agree to $e on time and $ring proper gear to all program activities and meals, and help students do
the same!
4 #ill help students stay on task, and #ork #ith the educator to address any discipline concerns!
4 #ill $e an e=tra set of eyes, ears and hands for the educator $y #atching for stray kids, potential
pro$lems or safety concerns!
-y signature indicates that 4 have read and agree to a$ide $y the a$ove guidelines during my NatureBridge
program!

(ignature Date

LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL LLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL
Printed Name (chool Name
1

???????? Origina! Message ????????
#bMect- 5b!ic Records Re<est 1213?221
$ate- 7ri, 10 May 2013 00-08-:0 \0000
7ro*- &ar!son, &o!!een K ]c6car!son^seatt!eschoo!s.org_
8o- OO ]^_
Ms. ,
We are in receipt of yor pb!ic records re<est 0be!o"3, received by Ron 'ng!ish and for"arded to this
depart*ent for processing.
Or response is !isted be!o"-
1. 5rocedres and protoco!s to be fo!!o"ed in an investigation of se(a! harass*entKse(a! assa!t. I
attached doc*ent 1,nvestigations of se(a! harass*ent?assa!t.2
2. &onsent for*s fro* participants in the investigation. I We are ass*ing yo are !oo6ing for
consent for*s obtained for the crrent investigation. We contacted the investigator, Ric6 Kaiser. He has
infor*ed s that he does not re<ire participants to co*p!ete a for* "hen participating in an
investigation. 8herefore, there "ere no doc*ents !ocated. ,f , "as incorrect interpreting this part of
yor re<est, p!ease provide another description of the type of record yo are see6ing.
3. $oc*ents pertaining to the p!anning and spervision of the )ov. :?+, 2012 fie!d trip. I attached
doc*ent 1)ov 2012 7ie!d 8rip $oc*ents R'$.&8'$.2
&opies provided today have been redacted of persona!!y identifiab!e infor*ation regarding staff and
stdents per the fo!!o"ing-
#tdent 5rivate ,)for*ation I 8hese records contain infor*ation regarding individa! stdents, e(e*pt
fro* disc!osre and redacted per the fo!!o"ing citations-
7a*i!y 'dcationa! Rights and 5rivacy .ct 07'R5.3, 20 9.#.& ` 1232g and 3> &.7.R. ` BB 18he parent or
e!igib!e stdent sha!! provide a signed and dated "ritten consent before an edcationa! agency or
instittion disc!oses persona!!y identifiab!e infor*ation fro* the stdentCs edcation records, e(cept as
provided in ` BB.31.2
R&W >2.:@.230013 1persona! infor*ation in any fi!es *aintained for stdents in pb!ic schoo!s, patients
or c!ients of pb!ic instittions or pb!ic hea!th agencies, or "e!fare recipients.2
'*p!oyee 5rivate ,nfor*ation I 8hese records contain private infor*ation of an e*p!oyee or vo!nteer
of the agency, protected fro* disc!osre and have been redacted per the fo!!o"ing citations-
2

R&W >2.:@.2:0033 8he residentia! addresses, residentia! te!ephone n*bers, persona! "ire!ess
te!ephone n*bers, persona! e!ectronic *ai! addresses, socia! secrity n*bers, and e*ergency contact
infor*ation of e*p!oyees or vo!nteers of a pb!ic agency, and the na*es, dates of birth, residentia!
addresses, residentia! te!ephone n*bers, persona! "ire!ess te!ephone n*bers, persona! e!ectronic
*ai! addresses, socia! secrity n*bers, and e*ergency contact infor*ation of dependents of
e*p!oyees or vo!nteers of a pb!ic agency that are he!d by any pb!ic agency in personne! records,
pb!ic e*p!oy*ent re!ated records, or vo!nteer rosters, or are inc!ded in any *ai!ing !ist of e*p!oyees
or vo!nteers of any pb!ic agency.

>. %ide!ines and doc*ents srronding fie!d trip chaperoning I attached doc*ents 1#5# 7ie!d
8rip 5rocedres,2 and 1'#$ 7ie!d 8rip 5rocedres.2
8his e*ai! "i!! confir* co*p!etion of yor re<est.
5!ease !et *e 6no" if yo need anything e!se or have any <estions regarding yor re<est.
#incere!y,

&o!!een K. &ar!son
5b!ic Records Officer
#eatt!e 5b!ic #choo!s
20@?2:2?0122
20@?2:2?0111 07.A3
c6car!son^seatt!eschoo!s.org
boyfriend
boyfriend
boyfriend
boyfriend
1

Response to Assailants November testimony to Par !ervi"e#

$%oors are &or s'(ares)***+
wtf does that even mean?
%i%nt ,o t-ro(,- t-e .in%o. be&ore "(r&e.+
went through the front door like everyone
else did, none of the chaperones cared.
$not-in, (n%er t-e

sin)+
wtf does that supposed to mean?
$la(,-in, abo(t it)+%i%nt -appen at all.

Did not feel my legs. Only stomach.
/i%nt to("- my b(tt at all

/i%nt p(ll %o.n (n%er.ear at all0 .-en -e rea"-e% (n%er &irst layer o& "lot-in,0 1 tol%
him to stop without saying because I was serious.
/i%nt p(ll -is $t-in,) o(t an% never r(bbe% it a,ainst me.

2e %i%nt -ave any in% o& "onversation at all e3"ept .-en 1 tol% -im to stop an% .-en 1
said
IS HE HIGH OR WHAT?
Never asked what time it was
+
I never knew the time.
This is complete bullshit.
4e never trie% m(ltiple times to p(t $it) insi%e o& me.

4e never r(bbe% $it) a,ainst me.

1 -a% no i%ea t-at $it) .as even o(t at t-e time.

1 %i%nt ,et .et at all+
I was scared shitless
After he abruptly pulled down my underwear and stuck it in, he never asked if he should
stop or not. 4e %i%nt say anyt-in, at all. 1 tol% -im to stop .it-o(t sayin, name0
very serio(sly0 an% -e %i%nt respon%. 5-ats .-en 1 starte% "ryin,. 1 never $rolle% .it-
it). 4e never ase
d if it felt good. He never asked if I liked it.
I was never moaning
+
if I was, then it was in pain, and I was crying as well.
2-en -e &inally p(lle% o(t a&ter so%omi6in, me0 1 .as "-antin, $stop stop stop) (n%er
my breath, and then I just laid there after he was finished. I was crying.
We never checked time. I never said that I needed to go. I just left
+
got out of his bed
and left through the cabin front door.
1 tol% not to tell anyone .-at -appene% be"a(se 1 %i%nt .ant -im to ,et in
trouble. Th
en 1 sai% s-arply t-at t-at .as rape0 $
I never consented to it, I told you to
stop!

He was crying by this point and begged me not to say anything to anyone about it.
1 tol% -im 1 %ont eep se"rets &rom anyone0 an% t-at 1 .o(l% -ave to say t-at 1 .as rape
d
because it is true and I would never lie to or my parents.
$ ase% .-y0 an% s-e sai% be"a(se t-at is 7(st .-at s-e t-o(,-t abo(t sayin,.)
$what she thought about saying.
Correction: because that is the fucking truth!!!
I told him I was going
to tell t-at 1 %i%nt no. .-o %i% it to prote"t &rom
,ettin, in le,al tro(ble. $ tol% -im0 its o0 its not yo(r &a(lt0 1 let t-is -appen. 1 let
(s ,o t-is &ar.) 2-at a b(n"- o& b(lls-it. 1 tol% -im t-at it .as -is &a(lt0 t-at -e s-o(
ld
-ave never let t-is -appen0 an% 248 549 :;<= /1/N5 49 !5>P 249N 1 5>?/
HIM TO STOP?
I never said that I would talk to him the next day.
4e %i%nt .ant me to tell people be"a(se -e .as a&rai% o& bein, "onvi"te%.

1 .asnt a.are t-at -e $lie%) me.

boyfriend
boyfriend
student 2
student 2
student 2
student 1
boyfriend
boyfriend
boyfriend
boyfriend
2

On Monday night, I never snuck out past curfew.
$a""i%ently .ent into t-e .ron, -ole)+
what kind of bullshit is that? How retarded can
yo( be i& yo( "ant &i,(re o(t .-i"- -ole it is** Anal se3 4;R5!. 2-at an ass-ole.

8es0 1 $7(st too it) be"a(se -e .as &or"in
g me.
1 tol% -im to stop0 b(t -e $7(st .ent a-ea% .it- it).

I was moaning because of pain.
He never asked me if I liked it. I told him to stop.
4e %i%nt (se a "on%om.

I have no idea if he ejaculated.
A tent?? What tent??
$-a% -is ba"). Ri,-t. @eanin, t-
at he would lie for

report pa,e 2 o& 3#

2e %i%nt mae o(t0 .e 7(st tale% &or a.-ile.

2e %i%nt -ave a "lear system0 7(st a "o%e .or% t-at -e i,nore%.

2e %i%nt partially -ave se3+
he forced himself into me anally and vaginally.

Kaiser report:
4o. "o(l% .e be %atin,** /i%nt -ave any "onta"t e3"ept &or t-e o""asional -(,. Never
-el% -an%s. /i%nt lean my -ea% on -is s-o(l%er.

and were good friends
+
they flirted a ton. I only had one boyfriend
+
never
more. $anot-er) implies
more than one. I never flirted with
+
just helped him with
his homework. I complained about to everyone
+
just in a joking way though.

I did not visit on Monday night. I was fast asleep in my cabin the whole night
long. I only visited him Tuesday night.

>n 5(es%ay ni,-t0 .-en 1 sn(" o(t o& t-e ,irls "abin t-ro(,- t-e .in%o.0 1 .as ,reete%
by and a bunch of the other boys who were already up. I tapped on the window and
since I was too short, a bunch of the guys pulled me in.
%i%nt meet me
immediately. The boys were up and congregated in that room because a big group of
them were preparing to head out to meet some of the girls outside and take a walk or
something. I heard there were drugs involved.
I was not interested in an
yt-in, se3(al .-en 1 ,ot into be%. 5-e main reason 1
got under the covers was that it was cold. I was focused on talking, and nothing more. I
%i% not pla"e -an% on top o& my s-irt or "lot-in, in any .ay. >t-er t-an layin,
close to him in
-is be% on my si%e0 .e %i%nt to("-. 2e %i%nt tal abo(t my prior se3(al
experiences at all
+
we talked about his personal life, his family, and his friends. Nothing
sexual in the conversation came up.
1 never tol% t-at 1 .o(l% %ate -im i& 1 .erent
dating
student 2
student 2
student 2
student 2
student 2
student 2
student 2
boyfriend
boyfriend
student 5
student 2
student 7
3

Before he even started touching me, he asked me to come up with a code word. I told him
t-e "o%e .or% .o(l% be $ 5-ats .-en -e starte% r(bbin, my stoma"- an% .-en -e
,ot to my breasts0 1 tol% -im $ 5-en -e sai% $oay lets play
a different game: red
li,-t ,reen li,-t. 1m a &ire tr(". !ay re% li,-t .-en yo( .ant me to stop.) 4e stroe%
my breasts a,ain an% 1 sai% $re% li,-t) an% t-en -e sai% $&iretr("s %ont stop &or re%
li,-ts) an% .ren"-e% (p my bra an% p(lle% %o.n my le,,in
gs and started fingering me. I
tol% -im $ a,ain0 over an% over0 b(t -e ept &in,erin, me t-en -e p(s-e% -is penis
insi%e o& me. Ay t-is time 1 .as sayin, $stop) b(t -e i,nore% me an% ept ,oin,0 t-en
anally. 5-ats .-en 1 starte% "ryin,.

He never used a lubricant of any kind.

He never got up to use the bathroom.
1 never s-ine% a &las-li,-t in anyones &a"e B.-at &las-li,-t**C an% 1 %i%nt tal to anyone
after the assault except

followed me out of his cabin. The following conversation went something like:
@e# 1m ,oin, to -ave to tell someone. 5-at .asnt oay.

B"ryin,C# 1m sorry. Please %ont tell anyone it .as me. 1 %ont .ant to ,et into
trouble.
Me: You know that what you did was wrong, right? That was rape.

1 no.. 1 %ont no. .-y 1 %i% t-at. 1m sorry.

@e# 1 -ave to tell 1 %ont eep se"rets &rom -im. A(t 1 %ont .ant yo( to ,et -(rt
either.
then what are you going to do?
@e# 1m ,oin, to tell everyone Bin"l(%in, t-at 1 .as rape% in m
y cabin by an
(nno.n person. No one .ill &i,(re o(t it .as yo(. 1m sorry 1 -ave to tell people.

>ay. D(st %ont tell t-em it .as me. 1m sorry.

@e# yo(ll be oay. 1 promise. B1 still t-o(,-t o& -im as a &rien% an% 1 &elt (pset b(t still
worried for him)

Kaiser: *I told Student 2 that his rational was not especially convincing* well said. I
agree.
1 %i%nt loo at -im %(rin, inter"o(rse. @y ba" .as to -im. 1 %i%nt -ol% -is -an%0
eit-er. 1 sai% $no) m(ltiple times in %i&&erent .ays.

He said
$1 %i%nt pay attention to -er t-at m("-.) 2ell sai%. @aybe i& -e E-a%E pai%
attention he would have noticed how hard I was crying and how scared I was and the
many, many times I told him to stop.

student 2
student 2
student 2
student 2
student 2
student 2
boyfriend
boyfriend
boyfriend
boyfriend
boyfriend
RCW 42.56.360(2)
RCW 42.56.360(2)
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
RCW 42.56.360(2)
identifier
identifier
RCW 42.56.360(2)
RCW 42.56.360(2)
RCW 42.56.360(2)
RCW 42.56.360(2)
)5# p. @

student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
RCW 42.56.360(2)
RCW 42.56.360(2)
RCW 42.56.360(2)

student 1
student 1
student 1
student 1
student 1 student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
)oG

student 1
student 1
student 1
student 1
student 1
identifier
student 1
E!ibit #o
1

student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 2
student 10
student 10
student 10
student 10
student 10
student 10
student 10
student 10
student 10
student 10
student 10
student 10
identifier
2

student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 2
identifier
student 10
student 10
student 10
student 10
student 10
student 10
student 10
student 10
identifier
student 10
student 10
3

student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 2
student 10
student 10
student 10
student 10
student 10
student 10
student 10
student 10
student 10
student 10
student 10
student 10
student 1

student 2
student 2
student 2
student 2
student 2
student 2

student 2
student 2
student 2
student 2
A$t %i&e a 'ent%e(an) but fu$& !er %i&e an ani(a%.

student 2
student 2
)5# Report

student 1
student 1
Pa'e 5 of *
1
Correspondence with Garfield HS Principal Ted Howard
From: [mailto:
Sent: Thursday, November 08, 2012 5:03 PM
To: Howard , Theodore
Cc:
Subject:

$ear Mr Ho"ard ,,,
, havenOt received yet the !etter that the parents received "hen the stdents !eft.
&o!d , 6no" the na*es of the boys on the trip??this is 6no"n to other c!ass*atesKparents, so it see*s
fair that "e sho!d 6no".
, re*ain concerned that this boy *ay do har* by co*ing to or ho*e "hich can be easi!y fond by
!oo6ing on goog!e at the parentsO na*es "hich are a part of na*e. 8here are fe" peop!e "ith
or na*es. 8he victi* advocacy organiLation to!d s that itOs not correct that "e sho!d have to
prodce the na*e of so*eone "ho has vio!ated or daghter "hen "e donOt his na*e. 8o sggest that
she get her o"n restraining order on an n6no"n person is *ind?bogg!ing. . friend, the for*er
director of socia! "or6 at &hi!drenOs Hospita!, a!so conse!ed that "e sho!d not be !eft in a v!nerab!e
sitation.
My nderstanding is that a representative fro* K#.R& "o!d contact yo abot re*oving this danger.
5!ease !et s 6no".

?? ???????? Origina! Message ????????
From: [mailto:
Sent: !riday, November 0", 2012 #:02 PM
To: Howard , Theodore
Cc: $%eeley&'$sar$(or)
Subject: dis$ussio% re$a*

Dear Mr. Howard,
I wanted to offer some feedback on how we can increase our trust working through this
situation. Wednesday morning we had an open conversation about your findings to date. You
explained that a letter was handed out to trip participants and noted that some students came
parent
parent
parent
parent
parent
parent
parent
student 1
2

forward to offer information. In particular you mentioned that a boy came in with a parent and
admitted to "having sex" with I noted that his definition was rather skewed and you
seemed to concur. You also indicated that your role was to take down information but not ask
any questions that might influence the investigation, that you would leave questions to the
investigators.

When you indicated that a boy had admitted "having sex" with on the field trip, I asked
why he was still allowed to be in school. You let me know that until the investigators were able
to do their work, no disciplinary action would be taken. Subsequently, knowing that there was
actually a responsible party among the students (as opposed to a random person in the
Olympics), I asked if a restraining order could be put in place insofar as we are concerned about
our safety (stalking, shooting, etc. owing to his aberrant behavior). In subsequent calls, I asked
for a list of suspects to contemplate enacting a restraining order.

Today, told me that in his conversation with you, the school had changed its earlier
statement and that the fellow who admitted to "having sex" with simply provided
information. In fact, states that you were emphatic in your denial. However there is no
doubt that our conversation on Wednesday was accurately stated above. Let me add that I
worked as a professional interviewer for many years understand how to process information. I
have notes from our conversation. In addition, the entire discussion about obtaining a restraining
order stemmed from your statement that a student had confessed.

When we receive conflicting information, it causes us to question the reliability of the
information you give us. This leads us to feel that we are not working together in the most
transparent and constructive manner possible.

and I have composed this letter while waiting for therapy to conclude.

and

PS advocate has requested that she is copied on all correspondence.

?? ???????? Origina! Message ????????
From: [mailto:
Sent: !riday, November 0", 2012 #:#+ PM
To: Howard , Theodore, $%eeley&'$sar$(or)
Subject: !wd: -.: dis$ussio% re$a*

Mr. Howard,

To answer your concern about "where we are going," please note the following from the
penultimate paragraph of our previous email.

"When we receive conflicting information, it causes us to question the reliability of the
parent parent
parent
parent
parent
parent
parent
parent
student 1
student 1
student 1
student 1
student 1
3
information you give us. This leads us to feel that we are not working together in the most
transparent and constructive manner possible."
We are not asking you for further information about the suspects. The conversation about a
restraining order Thursday AM stemmed from the statement that a youth had confessed "having
sex" with There would be no reason to restrain a non-entity. I hope this clarifies any
confusion.
and
?? ???????? Origina! Message ????????
Subject: RE: discussion recap
Date: Sat, 10 Nov 2012 00:17:05 +0000
From: Howard II, Theodore <trhoward@seattleschools.org>
To:' <
CC: < "cneeley@kcsarc.org" <cneeley@kcsarc.org>
Hi Ms. , a* not sre "here yo are going "ith yor state*ents. , a* very confsed "ith yor
state*ents and "hat yo are a!!eging. Ro have so*e state*ents correct bt a !ot of "hat yo are
stating is incorrect. .gain an investigation is ongoing and yo need to a!!o" this process to "or6. ,
6no" yo "ant infor*ation bt yo need to a!!o" the cri*ina! investigation to "or6. , canCt and ,
repeat share any infor*ation or give yo stdent infor*ation. , high!y sggest if yo have <estions to
contine to ta!6 "ith the Ranger or the 74, agent "ho is !eading this investigation. My Mob is the
principa! here at %H# and , donCt condct cri*ina! investigations in any *atter.
8ed Ho"ard ,,
5rincipa!
-------- Original Message --------
#bMect- R'- R'- discssion recap
$ate- #at, 10 )ov 2012 00-::-:8 \0000
7ro*- Ho"ard ,,, 8heodore ]trho"ard^seatt!eschoo!s.org_
8o- ] ]
Ncnee!ey^6csarc.orgN ]cnee!ey^6csarc.org_
parent
parent
parent
parent
parent
parent
parent
parent
parent
parent
parent
student 1
>
Ms. again , sggest that yo differ a!! <estions to the 74, agent and the Ranger.
8here contact infor*ation , have attached to this e*ai!. .s far as schoo! as6ed Ken &ortney to send
yo an e*ai!, "e "ant to fo!!o" the reco**endations of the conse!ors and therapists.
SA Colleen Sanders
FBI Seattle, Poulsbo RA
19500 10
th
Ave., Suite 250
Poulsbo, WA 98370
Desk: (360)394-8155
Fax: (360)394-8151
Kristin Kirschner
PARK RANGER - SOL DUC
BACKCOUNTRY
360 928 3380 /
KristinKirschner@nps.gov
OLYMPIC
NP
8ed Ho"ard ,,
5rincipa!
-------- Original Message --------
Subject: verification of facts
Date: Mon, 04 Mar 2013 12:14:07 -0800
From: <
Reply-To: <
CC: < "Coogan, Nancy E" necoogan@seattleschools.org>,
Riddhi Mukhopadhyay <riddhi@svlawcenter.org>, Chloe Neely <cneely@kcsarc.org>,
Ombudsman <ombudsman@seattleschools.org>
Principal, GHS:
Mr. Howard,
parent
parent
parent
parent
parent parent
parent
:

On November 8, 2012, the day after the rape incident, you spoke with on the phone and
told her that a student had come forward and admitted having sex with The next day you
denied that you had shared this fact with Instead you claimed that you had only said a
student came forward with "information." This is detailed in our correspondence.
According to the investigators, a student did indeed admit to you that day to having sex with
as had correctly recalled from your conversation on November 8. I hope this now
sets the record straight.
Furthermore the notion of consensual sex between and the assailant, , is
purely fictitious.
Kindly acknowledge receipt of this correspondence.
Sincerely,

parent
parent
parent
parent
parent
student 1
student 1
student 1
student 2
1
&orrespondence "ith 5a! .post!e, #eatt!e #choo! $istrict 8it!e ,A officer
#bMect- Re- procedres
$ate- Mon, 20 May 2013 1@-02-:B \0000
7ro*- .post!e, 5a! . ]paapost!e^seatt!eschoo!s.org_
8o- ]
&&- ] N'ng!ish, RonN ]reng!ish^seatt!eschoo!s.org_
%ood Morning,
, a* referring yor <estions to or district attorney Ron 'ng!ish.
8han6 yo
5a! .post!e
#ent fro* *y i5hone
On May 20, 2013, at 8-30 .M, N ] "rote-
Mr. .post!e,
We "onder if there is a reason the e*ai! be!o" "asnOt ans"ered. .re yo a"are that or daghter "as
se(a!!y assa!ted and reported this to the schoo! on )ove*ber +, 2012Q
and
#bMect- Re- procedres
$ate- Wed, 1: May 2013 1+->+->B ?0+00
7ro*- ]
OrganiLation-
8o- .post!e, 5a! . ]paapost!e^seatt!eschoo!s.org_]*ai!to-paapost!e^seatt!eschoo!s.org_
parent parent
parent
parent
parent
parent
parent
parent
parent
parent
2

Mr. .post!e,
8han6 yo. Were yo referring to 3208#5Q
,t states that '(ective $irector of Hea!th W #afety as the co*p!iance officer for this po!icy and
procedre. Who is this personQ
&an yo revie" the 8it!e ,A procedres that are to be fo!!o"ed once a stdent has co*p!ained to the
schoo!Q
8han6 yo,

On :K1:K13 :-1> 5M, .post!e, 5a! . "rote-
He!!o
8he schoo! district has board po!icies that ot!ine procedres re!ated to reporting any se(a!
*iscondct.
5!ease refer to the schoo! district "ebsite that inc!des a !in6 to a!! board po!icies.
, hope this infor*ation *eets yor re<est.
8han6 yo
#ent fro* *y i5hone

On May 1:, 2013, at :-0: 5M, N ] "rote-
Mr. .post!e,
What procedres *st a schoo! fo!!o" "hen a stdent reported being se(a!!y assa!ted by another
stdent dring the ti*e the schoo! is in charge of both stdentsQ

On :K1:K13 12-0@ 5M, .post!e, 5a! . "rote-
.!! co*p!aints are referred to or regiona! =abor and '*p!oyee Re!ations Managers in cons!tation "ith
or HR $irectors.
parent
parent
parent
parent
parent
3

7ro*- D*ai!to-
#ent- Wednesday, May 1:, 2013 10-2> .M
8o- .post!e, 5a! .
#bMect- 7"d- procedres
Mr. .post!e,
Wi!! yo be ans"ering this <eryQ

#bMect- procedres
$ate- Mon, 13 May 2013 0B-01-2@ ?0+00
7ro*- ]
OrganiLation-
8o paapost!e^seatt!eschoo!s.org
$ear Mr. .post!e,
&an yo 6ind!y infor* s "hat procedres a schoo! *st fo!!o" nder 8it!e ,A and other provisions "hen
there has been a co*p!aint of se(a! vio!enceQ
8han6 yo,

parent
parent
parent
parent
parent
parent
>
#bMect- Re- #e(a! .ssa!t on #eatt!e 5b!ic #choo!s 7ie!d 8rip
$ate- Mon, 1: .pr 2013 11-3B-02 ?0+00
7ro*- &a!andra #echrist ]&a!andra.#echrist^612."a.s_
8o- ]
]
$ear Mr. and Ms.
Ror e?*ai! to #perintendent Randy $orn "as for"arded to or division, the '<ity and &ivi! Rights
office at the Office of #perintendent of 5b!ic ,nstrction 0O#5,3, for rep!y. Or office is responsib!e for
providing infor*ation to stdents, parents, and schoo!s regarding state and federa! nondiscri*ination
!a"s.
,n yor e?*ai!, yo e(pressed concerns abot a reported incident of rape dring a %arfie!d High #choo!
fie!d trip to the O!y*pic )ationa! 7orest. , "ant to than6 yo for sharing yor concerns "ith s, and , a*
so sorry to hear abot the diffic!ties that yo and yor fa*i!y have e(perienced. , a* "riting to fo!!o"
p "ith yor e?*ai! and to provide so*e resorces that *ay be he!pf!. , a* a!so happy to discss yor
concerns "ith yo by phone, as , *ay be ab!e to provide better infor*ation and direction specific to
yor sitation. 5!ease fee! free to contact *e at 03@03 +2:?@1@2.
#e(a! harass*ent of stdents, inc!ding acts of se(a! vio!ence 0sch as rape, se(a! assa!t, se(a!
battery, and se(a! coercion3 can be a for* of se( discri*ination prohibited by state and federa! civi!
rights !a"s, specifica!!y 8it!e ,A of the 'dcation .*end*ents of 1B+2 0often referred to as 8it!e ,A3,
chapter 28..@>0 of the Revised &ode of Washington 0R&W3, and chapter 3B2?1B0 of the Washington
.d*inistrative &ode 0W.&3. 8his inc!des condct in connection "ith any edcationa!, e(tracrric!ar,
ath!etic, or other progra*s sponsored by or operated by a schoo! district, inc!ding fie!d trips.
9nder these !a"s, if a schoo! district 6no"s or sho!d have 6no"n abot possib!e se(a! harass*ent of
stdents 0inc!ding se(a! vio!ence3, it *st ta6e pro*pt and appropriate action to investigate and
deter*ine "hat happened. ,f the districtCs investigation finds that se(a! harass*ent or se(a! vio!ence
has occrred, the district *st ta6e pro*pt and effective steps to end the se(a! harass*ent or se(a!
vio!ence, prevent it fro* happening again, and address its effects on the targeted stdents. 8his is the
schoo! districtCs responsibi!ity regard!ess of "hether the stdent or hisKher parents have co*p!ained,
as6ed the schoo! district to ta6e action, or identified the behavior as a for* of discri*ination or se(a!
harass*ent, and regard!ess of "hether the incident is the sbMect of a cri*ina! investigation.
, have shared this infor*ation "ith Ron 'ng!ish, %enera! &onse! at #eatt!e #choo! $istrict, and , a*
hopef! that he "i!! "or6 "ith yo to reach a reso!tion. ,f yo are not satisfied "ith the schoo! districtCs
response to yor concerns, ho"ever, there are a n*ber of options avai!ab!e to for*a!!y address
parent parent parent
parent
parent
parent
:

co*p!aints of se( discri*ination, inc!ding se(a! harass*ent and se(a! vio!ence. , have ot!ined so*e
of these options be!o"-
1. #choo! $istrict #e(a! Harass*ent &o*p!aint- Ro have the right to fi!e a se(a! harass*ent
co*p!aint "ith #eatt!e #choo! $istrict if yo fee! that yor daghterCs schoo! did not pro*pt!y or
ade<ate!y address yor concerns abot se(a! vio!ence. 8his process starts "ith a "ritten and signed
co*p!aint !etter to #eatt!e #choo! $istrict #perintendent, /osa 4anda. Once the district receives a
co*p!aint a!!eging se(a! harass*ent or se(a! vio!ence, they *st investigate and respond to yo
"ithin 30 ca!endar days. ,f yo are not satisfied "ith the districtCs response, yo can then appea! to the
schoo! board, and then to O#5,. 8his co*p!aint procedre is ot!ined on or "ebsite here-
http-KK""".612."a.sK'<ityK&o*p!aints.asp(
8he process is a!so provided in #eatt!e #choo! $istrictCs #e(a! Harass*ent 5o!icy and 5rocedre-
b 5o!icy-
http-KK""".seatt!eschoo!s.orgK*od!esKgropsKho*epagefi!esKc*sK1:8313@K7i!eK5o!iciesK4oardKserie
s3000K3208.pdfQsessionidV2>eff:+e+abc>ec@c88:@>10dc+b0B88
b 5rocedre-
http-KK""".seatt!eschoo!s.orgK*od!esKgropsKho*epagefi!esKc*sK1:8313@K7i!eK5o!iciesK4oardKserie
s3000K3208#5Tsig.pdfQsessionidV2>eff:+e+abc>ec@c88:@>10dc+b0B88
,t appears that yo *ay have a!ready fi!ed sch a co*p!aint "ith the schoo! district "ith yor !etter to
8ed Ho"ard, )ancy &oogan, and #perintendent /osa 4anda dated March 18, 2013. Ro *ay "ant
contact the #eatt!e #choo! $istrict to c!arify "hether they are considering yor March 18th !etter to be a
for*a! co*p!aint of se(a! harass*entKse(a! vio!ence. ,f so, the district "o!d be re<ired to
investigate and respond to yo "ith the res!ts of their investigation and any corrective *easres "ithin
30 ca!endar days after the district received yor March 18th !etter. ,f yo are nsatisfied "ith the
districtCs response 0or if do not receive a response3, yo "o!d then have the option to appea! to the
schoo! board, and then to O#5,.
2. Office for &ivi! Rights &o*p!aint- Ro *ay a!so contact the 9.#. $epart*ent of 'dcationCs Office
for &ivi! Rights. 8his agency enforces 8it!e ,A and investigates co*p!aints of se( discri*ination, se(a!
harass*ent, and se(a! vio!ence in pb!ic schoo!s. ,n genera!, co*p!aints *st be fi!ed "ithin 180 days
of the incident.
5hone- 020@3 @0+?1@00
'?*ai!- O&R.#eatt!e^ed.gov
Ho" to fi!e a co*p!aint- http-KK"""2.ed.govKabotKofficesK!istKocrKdocsKho"to.ht*!
Ro *ay a!so "ant to consider cons!ting "ith an attorney for !ega! advice regarding the facts and
circ*stances of yor individa! sitation. ,f yo "o!d !i6e to ta!6 "ith an attorney abot yor options,
be!o" are so*e resorces that *ay be he!pf!-
@

b Washington #tate 4ar .ssociationCs =a"yer $irectory
Website- http-KK""".*y"sba.orgK$efa!t.asp(QtabidV1++
b King &onty 4ar .ssociationCs =a"yer Referra! #ervice
Website- http-KK""".6cba.orgK!rsK
'*ai!- =R#^K&4..org
5hone- 020@3 2@+?+010
b =ega! ;oice
=ega! ;oice is a nonprofit organiLation that "or6s to advance !ega! rights for "o*en in the )orth"est.
=ega! ;oice has a te!ephone !ine for free !ega! infor*ation and referra!.
Website- http-KK!ega!voice.orgK
5hone- 20@?@21?+@B1 0=oca!3 K 8@@?2:B?++20 08o!! 7ree3
More infor*ation abot civi! rights protections regarding se(a! harass*ent and se(a! vio!ence in
pb!ic schoo!s is avai!ab!e in the fo!!o"ing resorces-

b $ear &o!!eage =etter- #e(a! ;io!ence 09.#. $epart*ent of 'dcation, Office for &ivi! Rights, .pri!
>, 20113- http-KK"""2.ed.govKabotKofficesK!istKocrK!ettersKco!!eage?20110>.pdf
b Kno" Ror Rights- 8it!e ,A 5rohibits #e(a! Harass*ent and #e(a! ;io!ence Where Ro %o 8o
#choo! 09.#. $epart*ent of 'dcation, Office for &ivi! Rights, .pri! >, 20113-
http-KK"""2.ed.govKabotKofficesK!istKocrKdocsKtit!e?i(?rights?20110>.ht*!
b #e(a! ;io!ence 7act #heet 09.#. $epart*ent of 'dcation, Office for &ivi! Rights, .pri! >, 20113-
http-KK"""2.ed.govKabotKofficesK!istKocrKdocsKdc!?factsheet?20110>.ht*!
b O#5,Cs &ivi! Rights %ide!ines I #e(a! Harass*ent, starting on page 3@ 07ebrary 20123-
http-KK""".612."a.sK'<ityKpbdocsK5rohibiting$iscri*ination,n5b!ic#choo!s.pdfF#e(a!
, hope this he!ps to ans"er yor <estionsG 5!ease donCt hesitate to contact *e if yo have <estions,
or if , can be of any assistance.
4est regards,
&a!!ie #echrist
5rogra* #pervisor, '<ity and &ivi! Rights
Office of #perintendent of 5b!ic ,nstrction 03@03 +2:?@1@2
+

student 2
student 2
student 2
student 2
student 2
student 2
student 2
student 2
8

student 11
student 11
student 11
student 11
student 11
student 11
student 11
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
B

student 11
student 11
student 11
student 1
student 1
student 1
student 1
10

'*ai! to #choo! 4oard re 8it!e ,A vio!ations
#bMect- 8it!e ,A reg!ations ignored
$ate- #at, 22 /n 2013 22-20-0> ?0+00
7ro*- ]
Rep!y?8o- ]
8o- &arr, #herry = ]s!carr^seatt!eschoo!s.org_
&&- 5eas!ee, #haron $ ]sdpeas!ee^seatt!eschoo!s.org_, Martin?Morris, Hari*
]h**orris^seatt!eschoo!s.org_, $e4e!!, Michae! ]*idebe!!^seatt!eschoo!s.org_, Mc=aren, Martha
]*!*c!aren^seatt!eschoo!s.org_, 5at, 4etty ]bpat^seatt!eschoo!s.org_, #*ith?4!*, Kay
]6sb!*^seatt!eschoo!s.org_, 4anda, /ose = ]M!banda^seatt!eschoo!s.org_,
] 'ng!ish, Ron ]reng!ish^seatt!eschoo!s.org_, Ho"ard ,,, 8heodore
]trho"ard^seatt!eschoo!s.org_, &oogan, )ancy ' ]necoogan^seatt!eschoo!s.org_,
&a!andra.#echrist^612."a.s ]&a!andra.#echrist^612."a.s_
8he #eatt!e #choo! 4oard-
We "rote of or intentions to infor* yo abot po!icies i*p!e*ented by the #eatt!e #choo! $istrict
"hich contradict 8it!e ,A reg!ations. 8he fo!!o"ing !etter to the 8it!e ,A coordinator, 5a! .post!e,
s**ariLes or co*p!aint.
Mr. 'ng!ish, %enera! &onse!, has "ritten that he spea6s on beha!f of the #perintendent. 8herefore "e
can conc!de that Mr. 4anda, !i6e Mr. 'ng!ish, a!so be!ieves that 8it!e ,A re<ire*ents 0sch as the
stattory ob!igation to condct an investigation into a se(a! assa!t concrrent!y "ith a cri*ina!
investigation3 can be ignored. &onsider ho" Mr. 'ng!ish has "ritten s that it is the districtOs procedre
to "ait nti! a cri*ina! investigation is over before nderta6ing its o"n investigation, a direct
contradiction of 8it!e ,A reg!ations. Or e*ai! to the 8it!e ,A coordinator, Mr. .post!e, describes ho"
the schoo! district ignored severa! 8it!e ,A reg!ations. 7or this reason O#5, advised s to fi!e a co*p!aint
"ith the 9# Office of &ivi! Rights 0O&R3.
,n his !ast e*ai! in "hich yo "ere copied, Mr. 'ng!ish "rote that he "as condcting the investigation
"e re<ested. &!ear!y he has ad*itted that it "as necessary for the victi*Os parents to re<est the very
investigation "hich the district sho!d have initiated !ast )ove*ber according to 8it!e ,A reg!ations.
#incere!y,

and
parent
parent
parent
parent
parent
parent
parent
parent
11
#bMect- 8it!e ,AKse(a! assa!t
$ate- #at, 22 /n 2013 11-::-02 ?0+00
7ro*- ]
OrganiLation-
8o- .post!e, 5a! . ]paapost!e^seatt!eschoo!s.org_
&&- 4anda, /ose = ]M!banda^seatt!eschoo!s.org_, Ho"ard ,,, 8heodore
&a!andra.#echrist^612."a.s ]&a!andra.#echrist^612."a.s_, ]
Mr. .post!e,
.!thogh yo referred or <estions to Mr. 'ng!ish one *onth ago "e sti!! have not received any
ans"ers regarding or daghterOs rights and the schoo!Os responsibi!ities nder 8it!e ,A. ,t is or
nderstanding that yo are the districtOs 8it!e ,A coordinator.
#choo!s receiving 7edera! financia! assistance *st co*p!y "ith the procedra! re<ire*ents ot!ined in
the 8it!e ,A i*p!e*enting reg!ations. .s a recipient of 7edera! fnds, the district "as ob!igated to
i*p!e*ent these procedres "hen or daghter reported the )ove*ber +, 2012 rape and sodo*y
"hi!e on a %H# fie!d trip. ,s this not treQ
.!thogh n*eros staff persons in the district 6ne" of the rape "ithin hors of it occrring, no one
ever *entioned 8it!e ,A to s. ,t "as not nti! "e esca!ated or co*p!aint to O#5, that "e "ere
infor*ed that or daghter sho!d have been i**ediate!y conse!ed abot resorces avai!ab!e to her
as a victi* of se(a! assa!t. .!thogh "e repeated!y as6ed the schoo! for the f!! range of resorces
open to or daghter, no one vo!nteered any infor*ation abot conse!ing for assa!t, ,
safety, etc. 7ina!!y , ca!!ed the O*bds*an and eventa!!y !earned abot

O#5, a!so infor*ed s that Mr. Ho"ard sho!d have to!d s abot the sanctions i*posed on the
assai!ant "hen "e spo6e "ith hi* on )ov. 8th. Months after the assa!t "e !earned that the assai!ant
received an i**ediate e*ergency e(c!sion. Here is "hat happened- On )ove*ber 8th, Mr. Ho"ard
to!d s that a stdent ca*e for"ard and ad*itted to having se(a! activities "ith or daghter that are
described in '?21: of the &ode of 5rohibited 4ehaviors. 8he assai!ant said it "as consensa! se(. We
to!d Mr. Ho"ard that or daghter had been raped and sodo*iLed. 4ecase Mr. Ho"ard vo!nteered
student 1
parent parent
parent parent
FERPA
FERPA
12

that a stdent ca*e for"ard and ad*itted having se(, "e as6ed Mr. Ho"ard abot restraining the
assai!ant, to provide for or daghterOs safe retrn, and to assre that there "o!d be no reta!iation for
reporting the assa!t. 8he ne(t day Mr. Ho"ard denied that a stdent ad*itted to having se( on the
fie!d trip. ,nstead, Mr. Ho"ard revised his story to say that so*eone had on!y co*e for"ard "ith
infor*ation. Mr. Ho"ard c!ear!y !ied becase "e had a !ong conversation the previos day abot
restraining the stdent "ho ad*itted to se(a! activity. 8he 9# 5ar6s #ervice investigation report
verified that the assai!ant did indeed confess his se(a! activities "ith or daghter to Mr. Ho"ard Mst
as Mr. Ho"ard origina!!y stated before changing his story. 4ecase 8it!e ,A says "e *st be infor*ed of
sanctions and steps ta6en to prevent reta!iation, Mr. Ho"ard sho!d have to!d s that the assai!ant had
received an e*ergency e(c!sion so or daghter co!d have the opportnity to retrn to schoo!. #he
co!d have dispe!!ed the r*ors abot her having consensa! se( "ith the assai!ant and then NgreeLingN
hi*, as he posted on!ine.
Moreover, the principa!Os fai!re to infor* or daghter of the sanctions so she co!d retrn to schoo!
!ti*ate!y favored the assai!ant becase he co!d retrn to schoo! and ass*e his ro!e as a pop!ar
stdent "hi!e or daghter "as afraid to retrn to schoo!. When she fina!!y appeared one day after
schoo! to *eet her friends she "as the recipient of n"arranted tra*atic negative criti<e o"ing to
the r*ors circ!ated against her.
8it!e ,A states that the schoo! district *st investigate se(a! harass*ent and assa!t pro*pt!y and
e<itab!y. ,t c!ear!y states that this investigation *st ta6e p!ace regard!ess of any cri*ina! investigation
nder"ay. Mr. 'ng!ish has repeated!y "ritten that the schoo!Os po!icy is to a"ait for a cri*ina!
investigation to end. 8his is in direct contradiction "ith 8it!e ,A re<ire*ents. 8o frther rationa!iLe the
districtOs fai!re, Mr. 'ng!ish c!ai*ed he didnOt 6no" the investigation "as over. 8he investigators paid
their !ast visit to %arfie!d in )ove*ber, as far as "e can discern. Mr. 'ng!ish never bothered to find ot
"hen the investigation ended. Had "e not to!d hi* at the end of March, he "o!d sti!! be "aiting for
so*eone to infor* hi*.
Mr. 'ng!ish a!so "rote that he had sbstantive infor*ation abot this assa!t bt "hen "e
corresponded "ith hi* for *onths after the rape he didnOt even 6no" the n*ber of stdents and
chaperones. 8he on!y infor*ation he had "as a s*a!! a*ont of second?hand infor*ation "hich he
obtained fro* teachers "ho sat in on a fe" intervie"s. #i( *onths !ater he "rote that the schoo! district
"o!d Nafter frther considerationN begin its o"n investigation. Mr. 'ng!ish "rote severa! ti*es the he
!anched the investigation becase "e re<ested it. 7ran6!y, it is dep!orab!e that "e had to re<est an
investigation that the district sho!d have nderta6en in co*p!iance "ith 8it!e ,A reg!ations *onths
ear!ier.
7ina!!y, "e "ere concerned abot the possibi!ity of reta!iation "hen the schoo! initiated an in<iry @
*onths after the assa!t. 8he assai!ant received an e*ergency e(c!sion, *eted ot to those "ho pose
a danger to hi*se!f or others. He "as nba!anced enogh to rape and sodo*iLe or daghter. What
garantee did "e have that the rapist *ight not visit or ho*eQ Whenever "e as6ed abot safegards
against reta!iation, no one fro* the schoo! offered any he!p. ,t is or nderstanding that 8it!e ,A
re<ire*ents inc!de addressing the victi*Os concerns abot reta!iation. Why is it that no one fro* the
13

schoo! district co*p!ied "ith 8it!e ,A reg!ations "ith respect to or daghterOs caseQ We as6ed yo
abot this direct!y, bt there "as no *ention of 8it!e ,AQ When "e sbse<ent!y "rote *entioning 8it!e
,A, yo referred s to Mr. 'ng!ish, "ho "as the one atte*pting to Mstify the districtOs non?co*p!iance
"ith 8it!e ,A reg!ations regarding a pro*pt and e<itab!e independent investigation. Ho" can this be,
Mr. .post!eQ
We be!ieve it is inc*bent pon the 8it!e ,A coordinator to e(p!ain "hy or daghter received sch
treat*ent fro* the #eatt!e #choo! $istrict. Whatever Mr. 'ng!ish is doing "ith his crrent investigation
has no bearing on or right for infor*ation regarding 8it!e ,A. Or daghter reported a se(a! assa!t, so
therefore the district sho!d have responded according to federa! reg!ations. ,t did not.
#incere!y,

and

parent parent
RCW 42.56.360(2)
FERPA
FERPA
3
7ro*- D*ai!to-
#ent- 8esday, )ove*ber 2+, 2012 11-:> .M
8o- =e"is, /i!!J
#bMect- Re- 7W-
He!!o,

My co*pterKprinter isnOt ab!e to print this ot bt the doctor says yo can fa( it her-

5!ease !et *e 6no" ho" "e can get a copy of this for* to her.
8han6s for yor he!p,

#bMect-
$ate- 8e, 22 /an 2013 23-38-1> \0000
7ro*- ^seatt!eschoo!s.org_
8o- ^seatt!eschoo!s.org_, &ortney, Kenneth
]6cortney^seatt!eschoo!s.org_, ^seatt!eschoo!s.org_,
^seatt!eschoo!s.org_, ^seatt!eschoo!s.org_, ,
^seatt!eschoo!s.org_
&&- ] O*bds*an ]o*bds*an^seatt!eschoo!s.org_,
NRsi*ovic, &aro!eN ]&Rsi*ovic^seatt!eschoo!s.org_, NHo"ard ,,, 8heodoreN
]trho"ard^seatt!eschoo!s.org_, ] N&orde!!, &hristine RN
]crcorde!!^seatt!eschoo!s.org_
$ear .!!-
parent
parent
parent
parent
parent
parent
student 1
student 1
parent
FERPA
FERPA
RCW 42.56.360(2)
FERPA
parent
>

?
, =angage .rts 8eacher
%arfie!d High #choo!??Roo*
5hone- 05rep 3
#orce- https-KKsorce.seatt!eschoo!s.orgKpbK!oginKinde(.ht*!

parent
student 1
student 1
FERPA
:

/anary 10, 2013

Re-
;ia e*ai! and 9#5#
$ear Ms. and Mr.
.s part of *y dties for the #eatt!e #choo! $istrict, , *anage the enro!!*ent depart*ent and the
assign*ent of $istrict stdents.

, have copied both of those individa!s on this e*ai!.
#incere!y,
4randon Ho!st
#enior Manager 'nro!!*ent and 8ransportation #ervices

parent
parent
parent
parent
student 1
student 1
student 1
student 1
FERPA
@
Subject: Re- nans"ered <estions- rgent ?
Date: Mon, 0> 7eb 2013 11-1:-22 ?0800
From: ]
ReplyTo: ]
To: &ortney, Kenneth ]6cortney^seatt!eschoo!s.org_
CC: &orde!!, &hristine R ]crcorde!!^seatt!eschoo!s.org_, O*bds*an
]o*bds*an^seatt!eschoo!s.org_, Ho"ard ,,, 8heodore ]trho"ard^seatt!eschoo!s.org_,
Rsi*ovic, &aro!e ]&Rsi*ovic^seatt!eschoo!s.org_, __
] ^seatt!eschoo!s.org_, =ane, Rose!yn
]r!ane^seatt!eschoo!s.org_, =e"is, /i!! ]M!e"is^seatt!eschoo!s.org_, 8hresher, $ebbi
]dthresher^seatt!eschoo!s.org_, ch*he!se!^seatt!eschoo!s.org
Mr &ortney and others,

&o!d so*eone 6ind!y spp!y s "ith the ans"ers to or <estion abot for*s that "e *ight need to fi!!
ot to re*ain "ithin !ega! bondaries.

When *ay "e
e(pect an ans"er fro* the ad*inistrationKdistrictQ

parent
parent
parent
parent
parent
parent parent
student 1
student 1
student 1
student 1
student 1
FERPA
FERPA
parent
+

Subject: Re- nans"ered <estions- rgent ?
Date: Mon, 0> 7eb 2013 0B-3:-2@ ?0800
From: ]
ReplyTo: ]
To: &orde!!, &hristine R ]crcorde!!^seatt!eschoo!s.org_
CC: &ortney, Kenneth ]6cortney^seatt!eschoo!s.org_, O*bds*an
]o*bds*an^seatt!eschoo!s.org_, Ho"ard ,,, 8heodore ]trho"ard^seatt!eschoo!s.org_,
Rsi*ovic, &aro!e ]&Rsi*ovic^seatt!eschoo!s.org_, __
] ^seatt!eschoo!s.org_, =ane, Rose!yn
]r!ane^seatt!eschoo!s.org_, =e"is, /i!! ]M!e"is^seatt!eschoo!s.org_, 8hresher, $ebbi
]dthresher^seatt!eschoo!s.org_
He!!o,

. 5erhaps this infor*ation "i!! better he!p her nderstand tra*a
e(perienced by victi*s of se(a! assa!t.

8han6 yo,

parent
parent
parent
parent
parent
parent parent
student 1
student 1
student 1
parent
FERPA
8

#bMect- R'- inco*p!etesKnans"ered <estions
$ate- 7ri, 1: 7eb 2013 1B-0B-18 \0000
7ro*- Ho"ard ,,, 8heodore ]trho"ard^seatt!eschoo!s.org_
8o- O ]
&&- O*bds*an ]o*bds*an^seatt!eschoo!s.org_, N __
] N&oogan, )ancy 'N ]necoogan^seatt!eschoo!s.org_
Hi Ms. yo "i!! receive a "ritten !etter ans"ering a!! yor <estions short!y.

8ed Ho"ard ,,

5rincipa!

7ro*- D*ai!to-
#ent- 7riday, 7ebrary 1:, 2013 B-32 .M
8o- Ho"ard ,,, 8heodore
&c- O*bds*anJ __ &oogan, )ancy '
#bMect- inco*p!etesKnans"ered <estions
Mr. Ho"ard,

parent
parent
parent
parent
parent
parent
parent
parent
student 1
student 1
parent
parent
FERPA
FERPA
B

.s yoOve read, there are a n*ber of nans"ered <estions regarding progra*s the district co!d offer
Wo!d yo 6ind!y i!!*ine sQ 08he <estions appear be!o"3. 8hese <estions have been
co*p!ete!y ignored despite the *any persons copied.
#incere!y,

#bMect- R'- conf!icting state*ents
$ate- Wed, B /an 2013 1:-2:-21 \0000
7ro*- Rsi*ovic, &aro!e ]&Rsi*ovic^seatt!eschoo!s.org_
8o- ] NHo"ard ,,, 8heodoreN
]trho"ard^seatt!eschoo!s.org_
&&- &ortney, Kenneth ]6cortney^seatt!eschoo!s.org_, O*bds*an
]o*bds*an^seatt!eschoo!s.org_, Riddhi M6hopadhyay ]riddhi^sv!a"center.org_, &h!oe )ee!y
]cnee!y^6csarc.org_, ]
$ate- /anary B, 2013
, "i!! try and e(p!ain this one !ast ti*e.

parent
parent
parent
parent parent
student 1
student 1
student 1
student 1
student 1 student 1
student 1
student 1
FERPA
FERPA
10

&aro!e Rsi*ovic

TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT
7ro*- D
#ent- 8esday, /anary 08, 2013 8-:2 5M
8o- Rsi*ovic, &aro!eJ Ho"ard ,,, 8heodore
&c- &ortney, KennethJ O*bds*anJ Riddhi M6hopadhyayJ &h!oe )ee!yJ
#bMect- conf!icting state*ents
On 1K+K13 11-23 .M, Rsi*ovic, &aro!e "rote-
parent parent
parent
student 1
student 1
student 1
student 1
student 1
student 1
FERPA
11

&aro!e Rsi*ovic

Ms. Rsi*ovic 0and Others3,
We are *ost "i!!ing to accept a straightfor"ard e(p!anation, bt consider the confsion res!ting fro*
conf!icting state*ents, nc!ear e(p!anations, and contradictory advice-

student 1 student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1 student 1
FERPA
FERPA
12

9nfortnate!y, "ritten co**nication has been fraght "ith inconsistencies as easi!y seen if revie"ed.
8herefore it is nderstandab!e ho" disconcerting this process is to anyone not versed in the intricacies,
sbcategories, and other nances of .

$ec 13 fro* Ms Rsi*ovic-

#incere!y,
and

#bMect- rep!y to 1KB e*ai! re :0> p!an
$ate- Mon, 1> /an 2013 13->8-3B ?0800
7ro*- ]
Rep!y?8o- ]
8o- Rsi*ovic, &aro!e ]&Rsi*ovic^seatt!eschoo!s.org_
&&- &ortney, Kenneth ]6cortney^seatt!eschoo!s.org_, Ho"ard ,,, 8heodore
]trho"ard^seatt!eschoo!s.org_, Riddhi M6hopadhyay ]riddhi^sv!a"center.org_, O*bds*an
]o*bds*an^seatt!eschoo!s.org_, ]
parent
parent
parent
parent
parent
parent
parent
parent
student 1
student 1
student 1
student 1
student 1
FERPA
FERPA
FERPA
FERPA
13

$ear Ms. Rsi*ovic,
8han6 yo for infor*ing s, ho"ever be!ated!y, that a stdent can

On 1KBK13 +-2: .M, Rsi*ovic, &aro!e "rote-




student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
FERPA
FERPA
FERPA
FERPA
FERPA
1>

#incere!y,

parent
parent
student 1
student 1
student 1
student 1
student 1
FERPA
1:

#bMect- Zestions on correspondence regarding
$ate- 8h, 0+ 7eb 2013 1:-32-23 ?0800
7ro*- ]
Rep!y?8o- ]
8o- o*bds*an^seatt!eschoo!s.org
&&- ]

$ear O*bds*an,
We have copied yo on or ongoing correspondence "ith the %H# and #5# staff regarding or daghter,
"ho "as se(a!!y assa!ted )ove*ber @ on a %H# fie!d trip.

Kind!y assist s in obtaining ans"ers to these <estions-

1. We are a"aiting a rep!y to or e*ai! of $ec 1> in "hich "e rep!ied to Ms. Rsi*ovicOs $ec 13 <ery

2. We have in<ired n*eros ti*es abot any for*s "e *st co*p!ete to co**nicate to the district
that is

=ast!y, "e "o!d !i6e to 6no" "hat the district is re<ired to share "ith s regarding the assa!t.
&onsider this a re<est to provide a!! infor*ation "hich the district is re<ired to share "ith a fa*i!y
"hose chi!d "as assa!ted.

#incere!y,
parent parent
parent
parent
parent
parent
parent
parent
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
student 1
FERPA
FERPA
1
Selected Correspondence with the School Board
June 10, 2013
To the Members of the Seattle School Board:
We are writing to make you aware of an alarming new policy advanced by General Counsel
Ronald English concerning student sexual activity on field trips. The Seattle Public Schools Code
of Prohibited Behaviors is enforced in school and on all school-sponsored events. Sex is not
allowed on campus, therefore it is not allowed on a field trip. Adult supervision on campus
ensures that our children do not engage in prohibited behaviors at school. Similarly, appropriate
chaperoning on field trips exists to make certain our children are not engaging in unsafe
prohibited behaviors.
Nevertheless, Mr. English has twice written that sexual activity can exist concurrently with
appropriate chaperoning. On May 14th he wrote: "We also do not agree with your assertion that
if sex occurred this proves the chaperones somehow failed to perform their duties. That depends
on the specific circumstances." He reiterated this on May 20th: "In your email to me of May 17,
you asked several questions about the roles of chaperones and whether sexual intercourse could
occur if the chaperones were performing their duties. I reiterate my statement of May 14: it
depends on the circumstances."
No parent we spoke to could fathom this assertion. How could any circumstance justify
prohibited sexual activity, sexual harassment, or sexual assault on a field trip? We believe Mr.
English created this ad hoc policy to excuse the school's lax chaperoning that led to the rape and
sodomy of our 15 year-old daughter by a classmate during a Garfield HS ecology field trip to the
Olympic National Park last November. On that field trip, the chaperones allowed students to
"omin,le (ns(pervise% in ea"- ot-ers (nlo"e% "abins be&ore an% a&ter "(r&e. over t-e "o(rse o&
two days. One male acted as the sole chaperone for 14 boys for two successive nights. The two
Garfield teachers on this trip slept in another location with their young children. The US Parks
/epartment investi,ators reporte% &in%in, "-airs t-at st(%ents (se% to leave t-ro(,- t-eir "abins
unsec
(re% .in%o.s. Ae"a(se t-e "-aperones &aile% to en&or"e t-e s"-ools be-avior ,(i%elines0
students believed that they had a green light to take full advantage of the lax oversight.
Given reports of chaperoning challenges in the past, the school should have foreseen how 27
tenth and eleventh graders would interact given the opportunity. Our daughter was assaulted by a
who asked her to meet him so he could share his family problems with her. How
could she imagine that a classmate would rape her in his room in the presence of others? Where
were the chaperones to protect both our daughter and the assailant from his own dangerous
impulses? After the trip, Garfield placed the assailant on emergency exclusion because he was
apparently a danger to himself and others. Emergency exclusion is also a discipline meted out for
se3(al assa(lt a""or%in, to t-e %istri"ts printe% poli"ies. 2e -ave reason to believe t-at t-e
assailant had prior disciplinary issues according to social media. We read in the investigation how
t-e tea"-ers -a% to brea (p boys "onversation abo(t anal se3 on t-e &iel% trip an% -o. ot-er
students regarded the assailant as a troublemaker.
identifier
FERPA
parent
parent
parent
parent
student 1
student 1
FERPA
student 1
FERPA
student 1
student 1
FERPA
student 1
student 1
FERPA
student 1
FERPA
2

Our daughter reported the rape on the day it occurred and
. The assailant himself confessed to the principal and the investigators to
behavior that meets the standard of sexual assault as defined in the Seattle Schools Code of
Prohibited Conduct:
E-215 Sexual Assault: Sexually assaulting or taking indecent liberties with another person.
Sexual assault includes unwanted touching or grabbing of sexual parts, indecent exposure,
(sin, &or"e to en,a,e in inter"o(rse0 oral se30 or ot-er se3(al "onta"t0 F pantsin, be-avior
by other than elementary-age students, engaging in intercourse or oral sex whether or not
the other person clearly refuses or does not have the mental or physical ability to consent.
Sexual assault does not include incidental touching unless it is flagrant, purposeful, or
repeated.
Now Mr. English says that sexual activity on field trips, including the sexual assault on our
daughter, does not signify a failure in chaperoning and adult supervision. Why? To relieve the
district of its responsibility to school district parents that their children are adequately chaperoned
so that sexual activity and assault does not occur on school-sponsored field trips. Instead of
providing adequate chaperoning, 10
th
and 11
th
graders were given the latitude afforded to college
students by apparently college-aged chaperones. Our students were not chaperoned according to
their developmental stage. Why have chaperones at all if they do not perform their duties as
required by school district policy?
Mr. English has also written that he speaks on behalf of the school board and Superintendent
Banda. Every parent in the district deserves to know whether the school board and
Superintendent concur with the view that sexual activity can exist in the context of appropriate
chaperoning. Mr. English's new policy could easily give rise to the headline School District Says
Sex May Occur on Field Trips. Would you agree that public discussion of this new policy is
indeed indicated?
Every parent in the district also deserves to be informed of the risk of sexual activity, sexual
harassment, and sexual assault before deciding whether to send their child on a school district
field trip. Waivers of release will need to be revised to include sexual contact, sexual harassment,
and sexual assault as possible in the context of appropriate chaperoning. Mr. English states that it
depends on the circumstances. What are the circumstances? Who gets to decide who may and
may not have sex? Parents must be warned so that no child nor family will have to endure the
nightmare that followed when our daughter was sexually assaulted on the school field trip. For
this reason, we are beginning the process of making our complaint known: to spare others the
traumatic, life scaring-aftermath associated with a Seattle Public School field trip.
Does Mr. English indeed express your view that sexual activity can occur in the context of
appropriate chaperoning? If so, please let us know when this new policy will be subject to public
review
an% ma%e a part o& t-e %istri"ts online p(bli"ations.
Does Mr. English speak on your behalf with respect to field trip supervision policy? Please
explain why (or whether) Mr. English has the authority to speak on behalf of the school board.
Even after our daughter reported the assault, even after the assailant admitted to behaviors that
met the standard for sexual assault, and even though the assailant admitted to the investigators
RCW 42.56.360(2)
3

that our daughter told him to stop before he raped and sodomized her, the district failed to extend
to our daughter her rights under Title IX, which obligates the district to provide students with an
environment free of sexual harassment and violence and compels immediate action when a sexual
assault is reported.
In our efforts to hold the district accountable, we initiated the attached complaint of March 18,
2013. Because the district failed to comply with regulations under Title IX to implement a
mandatory investigation of sexual violence concurrently with the criminal investigation, and
failed to inform the victim of sanctions imposed on the assailant, OSPI counseled us to file a
complaint with the US Office of Civil Rights. The district has created new policies that contradict
Title IX regulations regarding sexual assault. In a forthcoming communication we intend to
inform you
in %etail abo(t t-ese $ne. poli"ies.) @s. !mit-
-Blum, who wrote that policy falls
under her purview, has remained silent on these novel policies.
Regrettably the school district has done nothing to acknowledge or take responsibility for the
lifescarring trauma our daughter sustained while taking this field trip. Instead the district has
offered a plethora of excuses, contradictory statements, inaction when information was promised,
avoidance of transparency, and blaming others for its failures, among other tactics.
In due course the school board will receive our official appeal, and this letter serves notice of our
intention to appeal. Please note that we will pursue an appeal even though the Superintendent
failed to render the required response to our complaint (WAC 392-190-065) according to OSPI,
and even though both Mr. English and Ms. Smith-Blum refused to answer our request for an
official response to our complaint. We are prepared to pursue this complaint fully and publicly
with all the relevant correspondence after we have attended to our daughter's urgent needs. Our
once successful student has been . We must
prioritize her needs in the coming months but will continue with our relentless pursuit of
accountability, transparency, and justice for our daughter and for others, lest they suffer
lifescarring trauma
&rom a &iel% trip t-at t-e tea"-ers to(te% as a $li&e
-
alterin, trip.) 5ra,i"ally0 a
child with a great love for nature, whose middle name m
eans "annot even -ear t-e
.or% $e"olo,y) .it-o(t bein, re
-traumatized. Because the rape occurred in a nature camp, nature
is no longer a place of safety and peace for her.
1n a%%ition to ans.erin, o(r '(estions abo(t @r. 9n,lis-s ne. pol
icy on sexual activity, please
address whether the school board acknowledges the trauma this high-profile case will continue to
cause when the victim is re-traumatized telling her story, when students, teachers, the principal,
and staff are deposed, when t
-e %istri"ts e3"(ses &or ina"tion "ome to li,-t0 .-en Gar&iel%s an%
t-e %istri"ts prior "-aperonin, -istory is investi,ate%0 .-en t-e assailants e3planation o& events
that contradict forensic evidence are exposed, among other revelations. As we have explained
numerous times to Mr. English, our claims can easily be substantiated in privacy-protected
documents at the appropriate juncture. If the school board cares to intervene on our behalf before
this case progresses to the next level, you should inform us immediately by email.
Sincerely,
and

parent parent
FERPA
identifier
4

Here is our letter of May 17, 2013:
Mr. English,
1. You wrote on May 14th that sexual activity on a field trip doesn't prove that the
chaperones failed to do their duty: "We also do not agree with your assertion that if sex
occurred this proves the chaperones somehow failed to perform their duties. That
depends on the specific circumstances."
How can this be? Neither sexual activity nor sexual harassment/assault are permitted on
field
trips. A "-aperones %(ty is to prote"t o(r "-il%ren .-o are %evelopmentally in nee%
of supervision. Since when is any sexual activity allowed on a field trip when it is the
"-aperones responsibility to prevent -arm&(l a"tivity* ;n%er .-at "ir"(mstan"es
could
sexual activity occur that would excuse the chaperones from responsibility? Please tell us
.-i"- $spe"i&i" "ir"(mstan"es) .o(l% relieve t-e "-aperone o& -isH-er responsibility.
And who decides which specific circumstances would relieve a chaperone of
responsibility?
You have written that you speak on behalf of the District, the Superintendent, and the
School Board. Do they concur with this belief, and if so, do you decide when sexual
activity may occur without the chaperone being negligent?
2. Please note the definition of Sexual Assault in the Seattle Schools Code of
Prohibited Conduct:
E-215 Sexual Assault: Sexually assaulting or taking indecent liberties with another
person.
Sexual assault includes unwanted touching or grabbing of sexual parts, indecent
exposure, using force to engage in intercourse, oral sex, or other sexual contact,
+

pantsing behavior by other than elementary-age students, engaging in intercourse or
oral sex whether or not the other person clearly refuses or does not have the mental
or physical ability to consent. Sexual assault does not include incidental touching
unless it is flagrant, purposeful, or repeated.
In addition to our daughter reporting the rape, the assailant admitted to sexual activity
that falls under E-215 of prohibited conduct. We know he confessed to the principal
upon returning from the trip. Mr. Howard told us so before he denied saying so the next
day, and the parks department report verifies that the assailant admitted this to the
principal. We know that our daughter .
How can the district continue to deny that our daughter was assaulted and that its
chaperoning was inadequate? Sexual activity is never permitted on school trips, Mr.
English. Please explain why
yo( t-in it "o(l% o""(r (n%er $spe"i&i" "ir"(mstan"es)
without the chaperones failing to uphold his/her duty to protect our children. Please
e3plain .-at $spe"i&i" "ir"(mstan"es) t-ose .o(l% be. Please e3plain
who decides
.-et-er $spe"i&i" "ir"(mstan"es) e3"(ses a "-aperone &rom &ailin, to prevent se3(al
RCW 42.56.360(2)
5

activity/harassment/assault on a field trip. Please tell us whether the district and school
board (for whom you speak, you say) concur with your statements that sexual activity
may occur without indicating negligent chaperoning---in light of policies that prohibit it
on field trips as well as policy E-215. Please explain why the district believes that
se3(al assa(lt %i%nt o""(r in li,-t o& t-e %e&inition above*)

Absent a satisfactory response we repeated our query to Mr. English in a letter of May 21, 2013
excerpted here:

Do Superintendent Banda and the School Board agree that such activities can occur under
certain circumstances? Who will decide if it is permissible? Who may have sex? If sex on
school trips is permissible under certain circumstances, then the school board will have to
re-write and publicize its policies. It would be interesting to hear public opinion on this
question, and to know whether the Superintendent and School Board Director (for whom
you say you speak) concur that sexual assault, sodomy, and other E-215 violations could
exist concurrently with appropriate chaperoning. Parents will undoubtedly be interested in
such novel policies.

Chaperoning exists to protect our children from prohibited behaviors. There is no
circumstance that could ever justify sexual assault on a fieldtrip.

Subject: Re: sexual activity on school field trips
Date: Thu, 13 Jun 2013 09:16:51 -0700
From: <
Reply-To: <
To: slcarr@seattleschools.org, sharon.peaslee@seattleschools.org, harium.martin-
morris@seattleschools.org, michael.debell@seattleschools.org,
martha.mclaren@seattleschools.org, betty.patu@seattleschools.org, "Smith-Blum, Kay"
<ksblum@seattleschools.org>, "Banda, Jose L" <jlbanda@seattleschools.org>
CC: <
Ms. Carr and Members of the Seattle School Board,
We wrote to the school board because free-thinking elected representatives are responsible to
parents in the district. We sought the opinion of the school board on a question of policy
advanced by Mr. English that radically departs from existing codes. Furthermore, the questions
we asked are not dependent on the outcome of Mr. English's investigation. They are questions
that every parent in the district deserves to know before sending their child on a field trip.
parent
parent
parent
parent
parent
parent
6
Why does the school board merely pass our inquiry on to Mr. English whose own statement is the
subject of our inquiry? Indeed, it appears that all roads lead to Mr. English and that he is
afforded the ability to make determinations as he sees fit. How can this be?
We believe the school board owes us an answer to these questions. If the school board and the
Superintendent won't answer our questions, then kindly inform us who will hold the
district/board accountable and answer our questions of policy.
Sincerely,
and
Subject: Title IX regulations ignored
Date: Sat, 22 Jun 2013 22:20:04 -0700
From: <
Reply-To: <
To: Carr, Sherry L <slcarr@seattleschools.org>
CC: Peaslee, Sharon D <sdpeaslee@seattleschools.org>, Martin-Morris, Harium
<hmmorris@seattleschools.org>, DeBell, Michael <midebell@seattleschools.org>, McLaren,
Martha <mlmclaren@seattleschools.org>, Patu, Betty <bpatu@seattleschools.org>, Smith-Blum,
Kay <ksblum@seattleschools.org>, Banda, Jose L <jlbanda@seattleschools.org>,
< English, Ron <renglish@seattleschools.org>, Howard II, Theodore
<trhoward@seattleschools.org>, Coogan, Nancy E <necoogan@seattleschools.org>,
Calandra.Sechrist@k12.wa.us <Calandra.Sechrist@k12.wa.us>
The Seattle School Board:
We wrote of our intentions to inform you about policies implemented by the Seattle School
District which contradict Title IX regulations. The following letter to the Title IX coordinator,
Paul Apostle, summarizes our complaint.
Mr. English, General Counsel, has written that he speaks on behalf of the Superintendent.
Therefore we can conclude that Mr. Banda, like Mr. English, also believes that Title IX
requirements (such as the statutory obligation to conduct an investigation into a sexual assault
concurrently with a criminal investigation) can be ignored. Consider how Mr. English has written
us that it is the district's procedure to wait until a criminal investigation is over before
undertaking its own investigation, a direct contradiction of Title IX regulations. Our email to the
parent
parent
parent
parent
parent
parent
parent
parent
7

Title IX coordinator, Mr. Apostle, describes how the school district ignored several Title IX
regulations. For this reason OSPI advised us to file a complaint with the US Office of Civil
Rights (OCR).
In his last email in which you were copied, Mr. English wrote that he was conducting the
investigation we requested. Clearly he has admitted that it was necessary for the victim's parents
to request the very investigation which the district should have initiated last November according
to Title IX regulations.
Sincerely,
and

Subject: OSPI re Superintendent's/district's non-response to Title IX inquiries/accountability
Date: Wed, 26 Jun 2013 19:03:19 -0700
From: <
Reply-To: <
To: Banda, Jose L <jlbanda@seattleschools.org>, Carr, Sherry L
<slcarr@seattleschools.org>, Peaslee, Sharon D <sdpeaslee@seattleschools.org>, Martin-Morris,
Harium <hmmorris@seattleschools.org>, DeBell, Michael <midebell@seattleschools.org>,
McLaren, Martha <mlmclaren@seattleschools.org>, Smith-Blum, Kay
<ksblum@seattleschools.org>
CC: Apostle, Paul A <paapostle@seattleschools.org>, Patu, Betty
<bpatu@seattleschools.org>, < Howard II, Theodore
<trhoward@seattleschools.org>, Coogan, Nancy E <necoogan@seattleschools.org>,
Calandra.Sechrist@k12.wa.us <Calandra.Sechrist@k12.wa.us>, English, Ron
<renglish@seattleschools.org>
To The Seattle School Board:
Please find comments from OSPI below. In their words, Superintendent Banda did not follow the
prescribed complaint pathway and failed to provide the required information following our
complaint. Will you hold him accountable?
Please note that OSPI directed us to write Mr. English for an official response to our complaint.
Although we complied by writing twice, Mr. English refused to tell us simply "yes" or "no" --
when asked whether he provided an official response. He only wrote that he sent us a number of
emails but wouldn't answer this simple question with a yes or no. Why doesn't the School Board
require its apparent representative, Mr. English, to answer correspondence OSPI said should
occur?
parent
parent
parent
parent
parent
parent
parent
parent
8

OSPI referred us to Mr. Apostle. When we asked Mr. Apostle about Title IX, he wouldn't
address our questions. He forwarded our email to Mr. English who wrote that he had "nothing
more to offer." More than what? He offered nothing in response to our Title IX questions. Why
does the School Board allow its representative and the district to ignore our questions about its
Title IX obligations?
The School Board must be aware that Mr. English has ignored Title IX to suit the district's own
agenda. Please note the statute OSPI provided concerning the school's responsibility to conduct
its own investigation concurrently with a criminal investigation. Mr. English repeatedly wrote
that the district's policy is to wait until a criminal investigation is over. Then he claimed that he
didn't know when the criminal investigation ended. Why? Because the district hoped that by
ignoring this devastating assault we would be thwarted in our attempts to seek accountability and
justice. You should realize that the more the district fails to perform, the more we will hold it
accountable. No family should have to endure the nightmare that we have lived through for the
last 7 months after sending their child on a "life-altering" educational experience, according to
those who engineered this disastrous filed trip. "Life scarring." What responsibility will each one
of you take as our elected representatives besides passing our correspondence on to Mr. English?
Mr. English invites us to submit a tort claim without ever addressing the district's failure to
provide its students with an environment that is safe from sexual violence. As we have stated
repeatedly, this is not just an issue concerning our family. It is a community safety issue. When
parents send their children on school field trips, they expect adequate adult supervision so that
their children are safe from sexual violence. We have already heard of one parent who, after
learning what happened to our daughter, said that she would not send her daughter on a Seattle
public school field trip. What will happen when other parents hear of our family's experience?
Will they ask why Superintendent Banda did not order an immediate, thorough evaluation of the
district's chaperone policies? Will they ask why, after learning about what happened to our
daughter, the school board turned a deaf ear and did absolutely nothing to hold the district
accountable for a community safety issue? What will you say when parents ask why the school
board did absolutely nothing when the district failed to abide by its own Title IX grievance
procedures, thwarting our attempts to learn exactly why our daughter was allowed to be sexually
assaulted on a field trip? Are you prepared to respond to parents who raise these questions?
From the non-response of the School Board, it seems that no one cares enough about
accountability to the community to take a stand. Instead you turn our questions over to the very
individual who rationalizes the district's failure to implement prescribed policies, the individual
who creates new policies to cover liability for the district's failure to perform appropriately, the
individual who does not answer our questions. Why does the school board do this?
Sincerely,
and

Subject: first of two responses regarding district's report
Date: Fri, 05 Jul 2013 16:32:54 -0700
parent parent
9

From: <
Reply-To: <
To: English, Ron <renglish@seattleschools.org>
CC: Carr, Sherry L <slcarr@seattleschools.org>, Peaslee, Sharon D
<sdpeaslee@seattleschools.org>, Martin-Morris, Harium <hmmorris@seattleschools.org>,
DeBell, Michael <midebell@seattleschools.org>, McLaren, Martha
<mlmclaren@seattleschools.org>, Patu, Betty <bpatu@seattleschools.org>, Smith-Blum, Kay
<ksblum@seattleschools.org>, Banda, Jose L <jlbanda@seattleschools.org>,
< Howard II, Theodore <trhoward@seattleschools.org>, Coogan, Nancy
E <necoogan@seattleschools.org>, Calandra.Sechrist@k12.wa.us
<Calandra.Sechrist@k12.wa.us>, 'rhk@rickkaiser.com' <rhk@rickkaiser.com>

Mr. English, Superintendent Banda, The Seattle School Board, Mr. Kaiser, and Others:
This is the first of two responses to recent communications regarding the district's investigation.
Had the school district conducted its investigation concurrently with November's criminal
investigation, as required by Title IX, we would have long completed Mr. Kaiser's request to
review his report, which arrived only last week-- almost 8 months after the assault. We
corresponded saying we'd be unavailable at this time because we must relocate our daughter as a
result of the November assault. Nevertheless, the district asks for our response precisely when
we are unavailable. Why?
As you also know, we asked to participate at the inception of the district's belated May
investigation and submitted a lengthy list of questions that you passed on to the investigator. Not
only were our questions unanswered, but we weren't invited to participate. Instead, the district
has continued to ask for our daughter's privacy-protected documents. We have explained more
than once that it is illegal to hand over her privacy protected documents without releases.
Nevertheless, the district asks us to take this action.
Title IX provides for a prompt an equitable process. Providing us a report almost 8 months after
an assault at the very moment we are unavailable to reply is neither prompt nor equitable. If the
district were truly interested in providing an equitable investigation--for the sake of all students
who have and could be raped--then it should consider the availability of the parties to participate.
We have been available from the inception of the assault, from the time a substantive
investigation was to occur, according to Title IX. The district could have provided last week's
information seven months ago had it chosen to follow Title IX regulations.
Submitting Mr. Kaiser's report to Mr. Banda as it stands now will fail to provide the equitable
input we should be afforded. We already told you that the parks department report included the
assailant's confession to behavior that met the definition of rape and E-215 of the district's Codes
of Prohibited Behavior. His new account is another fantastic attempt to justify rape by describing
it in even more forgiving terms, even though he admitted to sodomizing our daughter for 10
parent
parent
parent
parent
parent
parent
10

minutes with water as a lubricant (!) in Mr. Kaiser's report. That also meets E-215. That's not
surprising since the district's report states he had already been suspended in middle school for
"lewd conduct" for having sexual intercourse on school property during lunch break. Was that
another instance of "consensual sex"? Was the girl also disciplined for lewd conduct or raped?
We also wrote you how male students in the parks department report were disciplined by the
teachers for talking about anal sex at camp but that didn't figure into your investigation either.
How many times is this assailant going to be allowed to assault girls? Perhaps you can tell us
why, after being suspended for lewd conduct once, the assailant received the same discipline the
second time rather than a steeper discipline. Perhaps you can tell us why a sex offender was
allowed to participate in an optional two night field trip which he obviously used as an
opportunity to act out. Perhaps you explain why more stringent chaperoning measures were not
taken knowing that a student had already been expelled for having sex on school property.
Perhaps you can explain why Mr. Howard, the principal, refused to inform us, when we asked
him both verbally and in writing, about any sanctions (emergency exclusion, meted out for
dangerous individuals) imposed on the assailant immediately after the rape, so our daughter
could safely return to school? Title IX requires that the school immediately inform the victim of
sanctions imposed on the assailant, not months later after we escalated our complaint. Perhaps
you can explain why no Title IX officer contacted us after a sexual assault was reported. Perhaps
you can explain why no one from the safety department contacted us. Perhaps you can tell us
why our daughter wasn't disciplined for "lewd conduct" if the district believes she consented to
the perversions the assailant described. As we told you, every assertion we've made concerning
the rape of our daughter and the assailant's admission of sexual assault (E-215) to the FBI can
and will be substantiated.
Mr. Kaiser's report leaves many unanswered questions based on the information he provided.
Why was a student with a known disciplinary history of lewd conduct not subject to extra
scrutiny on the November field trip? Why were male and female students allowed to sleep in the
same rooms? What were the two girls doing when they reportedly slept in a boys' room
overnight? Why were boys allowed to enter the girls' cabin after curfew, including the paranoid
stoned male who hid beneath a girl's bed? Why was it that the male chaperone could barely
contain the boys and the female chaperones didn't monitor girls going outside to the toilet? Why
were boys and girls permitted to text each other for assignations after the male chaperone
announced he was going to bed? How come the chaperones and teachers knew nothing of the
chaperoning procedures and so failed to implement them? Why did the sole male chaperone
stuff his ears with earplugs and go to sleep while the boys were still awake, contrary to
chaperoning policies? Why didn't the chaperones and teachers work out a night shift supervision
plan? Why didn't the district simply hire a night watchperson while the three chaperones fell
asleep on the job? Why have chaperones at all if they aren't able to perform their jobs?
Accountability and admission of responsibility should be foremost for the safety of all our
"-il%ren0 not t-e &ear o& liability. Alt-o(,- $9veryone a""o(ntableI is t-e %istri"t mot
to, no one
holds the district accountable, not even the school board. Mr. English, you speak for the
Superintendent and School Board, you wrote, and you twice wrote that sex on field trips can
occur in the context of appropriate chaperoning. We took exception to this assertion in a June 10
letter to the school board. The US Office of Civil Rights is aware of this. Now will you say that
sex and sexual assault may occur on field trips where the chaperones and teachers never read the
regulations, where the "chaperoning" was next to nil? Will you continue to maintain that the
11

chaperones performed according to district guidelines before, during, and after this atrocious
assault?

Every parent deserves to be warned of the dangers of sending their child on a Seattle School
District field trip. As you know, this letter is now a matter of public record.
Sincerely,

and parent parent
1
March 18, 2013
8O- 8ed Ho"ard, principa! %arfie!d H#J )ancy &oogan, '(ective $irector of #choo!s ? &entra! RegionJ
/osa 4anda, #perintendent #eatt!e 5b!ic #choo!s
,t has no" been for *onths since or daghter, "as sodo*iLed and raped on a
%arfie!d High #choo! fie!d trip to the O!y*pic )ationa! 7orest. ,n the *onths since the assa!t, no one in
the schoo! district has co*e for"ard "ith an e(p!anation of "hy a rape "as a!!o"ed to occr on a
schoo!?sponsored fie!d trip. .nd a!thogh the schoo! district *otto inc!des the phrase 1everyone
accontab!e2 "e are na"are of anyone being he!d accontab!e for this breach in or trst. )o %arfie!d
parent, nor any #eatt!e schoo! parent for that *atter, "o!d per*it their chi!d to go on a fie!d trip if they
thoght their chi!d co!d possib!y be a!!o"ed to be se(a!!y assa!ted by a c!ass*ate. 8he schoo! district
*st ho!d itse!f accontab!e "hen sch assa!ts are a!!o"ed to occr and ta6e responsibi!ity for the
devastation cased by its fai!ed po!icies.
7ai!re to responsib!y assist or fa*i!y
,nstead, %H# and the schoo! district have avoided ass*ing any responsibi!ity for the !ife?scarring events
of )ove*ber @. 8he perpetrator is free to contine his %arfie!d edcation ninterrpted, "hi!e or
atte*pts to set high?schoo! edcation on trac6 post?assa!t have been frstrated at every trn
by the schoo! ad*inistrationCs *is*anage*ent and inco*petence. We have doc*entation to
sbstantiate the fo!!o"ing e(a*p!es, a*ong *any others-
7a!!acios state*ents fro* principa! and his dep!orab!e !ac6 of invo!ve*ent. On )ove*ber 8,
%arfie!d principa! 8ed Ho"ard to!d that a stdent had co*e for"ard and 1ad*itted
having se( "ith . !engthy discssion ensed abot obtaining a restraining order. 8he
ne(t day Mr. Ho"ard denied that he had shared this fact "ith ,nstead he c!ai*ed that he
had on!y said a stdent ca*e for"ard "ith Ninfor*ation.N .ccording to the investigatorsC report,
a stdent did indeed co*e for"ard to Mr. Ho"ard and ad*it to having se( "ith 8hs
"hat Mr. Ho"ard origina!!y to!d "as tre, Mst as correspondence noted. When
or daghterCs principa! dishonest!y retracts "hat he to!d s, he has fai!ed to *eet the basic
re<ire*ents "e e(pect- honesty, integrity, transparency, re!iabi!ity, and accontabi!ity.
#bse<ent co**nications to Mr. Ho"ard have been either ignored or for"arded on to an
n6no"n person "ho does not respond. Mr. Ho"ard a!so did not attend or first post?assa!t
conference ca!! "ith the schoo!, even thogh it "as sched!ed "e!! in advance for a ti*e he said
he co!d participate. Mr. Ho"ard is principa! of a!! %arfie!d stdents, inc!ding or daghter. His
!ac6 of transparency in his dea!ings "ith s has *ade it i*possib!e to "or6 co!!aborative!y for
the good of or chi!d. &o**nications "e initiated "ith Mr. Ho"ardCs spervisor, )ancy
&oogan, have a!so been ignored or for"arded to another phanto* person "ho never rep!ies.
student 1
student 1
student 1
student 1
parent
parent
parent parent
:

On the contrary, "e p!an to esca!ate or concerns to #perintendent 4anda, the #eatt!e #choo! 4oard,
and the Office of the #perintendent of 5b!ic ,nstrction, if necessary. We p!an to as6 for the f!!,
transparent, pb!ic investigation "e be!ieve "e are o"ed as the victi*Cs fa*i!y. We be!ieve this
investigation sho!d at the very *ini** ans"er these <estions-
Why "as spervision so !a( dring the fie!dtrip that gir!s and boys "ere a!!o"ed to go into
each otherCs cabins after crfe"Q Why hasnCt the schoo! district corrected its chaperone
po!icy in !ight of other incidents of this natre that have occrred on previos schoo! tripsQ
What interna! investigation, if any, has the schoo! district condcted regarding the
)ove*ber @ incident, and "hat "ere the res!tsQ
,f there "as an investigation, "hy "erenCt "e infor*ed and "hy "asnCt given an
opportnity to participateQ
What discip!inary actions, if any, have been ta6en against the perpetratorQ What re<ired
steps "ere ta6en concerning the assai!antCs stats as registered se( offenderQ
What offer "i!! the district *a6e to co*pensate direct!y for her edcation, ongoing
therapy, the !oss of a nor*a! co!!ege prep high schoo! edcation, and for the endring
tra*a of rapeQ
We e(pect to receive a f!! response on the content of this !etter fro* a schoo! district representative by
.pri! 1. ,f none is forthco*ing, "e "i!! esca!ate or co*p!aint to the highest !oca! and state schoo!
officia!s, a*ong others.
#incere!y,

and
student 1
student 1
parent parent
8

It is the District`s practice to reIrain Irom initiating an independent investigation when law
enIorcement is conducting a criminal investigation into an incident involving District students or
staII. The District only recently became aware that the U.S. Park Service and FBI have
completed their investigation and that the U.S. Attorney`s OIIice has declined to prosecute.
1
As
the law enIorcement investigation into this matter is complete, the District stands ready to begin
an investigation.

In order to investigate, we will need to have our investigator interview either in person or
over the phone. I understand that it may be diIIicult Ior to discuss this matter, but
recollection oI events must Iorm the basis oI the investigation. I also understand that was
interviewed by the U.S. Park Service and have been inIormed that the Park Services will not
release its investigation report to the District without your consent. As this report may eliminate
the need Ior our investigator to conduct another interview oI I respectIully request that
you return a signed general Authorization Ior Exchange oI InIormation and Records (enclosed)
authorizing the District to speak with the U.S. Park Service investigator and obtain a copy oI
their report, to assist in our investigation. II you are unable to agree to either approach, it will be
diIIicult Ior us to initiate an investigation, and we will have to consider whether it is Ieasible to
do so. II you have any additional inIormation you would like the District to consider in
conducting an investigation, please send me that inIormation at your earliest convenience.

I can be reached at (206) 255-5904, or via e-mail at renglishseattleschools.org.

Sincerely,

Ron English
General Counsel

Enclosures

cc: Principal Ted Howard, GarIield High School
Michaela Clancy, Central Region Special Education Supervisor
Nancy Coogan, Executive DirectorCentral Region
Jose Banda, Superintendent

1
With regard to your question about the alleged assailant`s 'status as a registered sex oIIender, under RCW
9A.44.130(1)(a), an individual must only register as a sex oIIender aIter that individual 'has been convicted oI any
sex oIIense or kidnapping oIIense. As the alleged assailant has not been prosecuted, nor convicted, he is not
required to register as a sex oIIender.
student 1
student 1
student 1
student 1
student 1
10

chaperone po!icies and procedres regard!ess of "hether a cri*ina! investigation is or is not ta6ing
p!ace. ,ndeed, it see*s to s as schoo! district parents that this "o!d be the responsib!e thing to do in
sch a critica! sitation. .s far as "e 6no", the schoo! district never condcted sch an investigation, or
if it has, it has not shared the res!ts "ith s, the victi*Cs fa*i!y.
.s "e e(p!ained to #eatt!e #choo! 4oard 5resident Kay #*ith?4!*, this is a co**nity accontabi!ity
isse becase parents *st be assred that their chi!dren "i!! be safe and not sbMect to !ife?scarring
se(a! assa!ts on #eatt!e schoo! fie!d trips. Wo!d yo not agree that this is a *atter of sch significant
i*portance to the co**nity that it sho!d be i**ediate!y addressed at a pb!ic #choo! 4oard
*eetingQ
4ecase the schoo! district has fai!ed to address or <estions and concerns, "e no" p!an to esca!ate
or co*p!aint to the state Office of the #perintendent of 5b!ic ,nstrction. .s the victi*Cs fa*i!y, "e
as6 yo once again to give s a co*p!ete ans"er to or <estions.
We a"ait yor pro*pt rep!y.
#incere!y,

and
'!ectronic cc- 8ed Ho"ard, 5rincipa!, %arfie!d High #choo!
)ancy &oogan, '(ective $irectorP&entra! Region
/osa 4anda, #perintendent
Kay #*ith?4!*, 5resident, #eatt!e #choo! 4oard
parent parent
11

.pri! +, 2013
Mr.
We are prepared to investigate the incident. .s previos!y stated, "e "aited, at the 74,Os re<est, nti!
the federa! athorities co*p!eted their investigation. 9nti! , received yor !etter of March 18, , "as not
a"are they co*p!eted their "or6 so*e ti*e ago, as they did not te!! s. .s *y previos !etter indicates,
"e "i!! need to either intervie" yor daghter or receive per*ission to obtain a copy of the federa!
investigation doc*ents. 5!ease advise ho" yo "ish to proceed.
With respect to

Ror !etter of March 18 sggests that

5!ease advise ho" yo "ish to proceed.
8he forth paragraph of yor !etter of .pri! @ as6s for financia! co*pensation. 8his "o!d be ca!!ed a
Ntort c!ai*N. Ro "i!! need to provide needed doc*entation of the costs and the basis for recovery.
We "i!! send yo the necessary *ateria!s to retrn to s. , cation, ho"ever, that "e have not agreed
that the $istrict is !iab!e for any recovery.
With respect to yor concerns abot ho" the districtOs chaperone po!icies, *y nderstanding is that
there "ere t"o chaperones for eight gir!s. 8his "o!d be consistent "ith best practices. .gain, "e are
"i!!ing to initiate an investigation, bt need yor assistance to do so.
5!ease fee! free to ca!! *e at 20@?2::?:B0>.
Ron 'ng!ish
parent
FERPA
FERPA
13

Ro co*p!ete!y fai! to co*prehend the devastation of the se(a! assa!t on and the tter havoc it
has cased or fa*i!y. =et s be tota!!y fran6 "ith yo, Mr. 'ng!ish. ,t is or distinct i*pression that the
#eatt!e #choo! $istrict, and yo in partic!ar, are *ch *ore concerned "ith the schoo! districtCs
potentia! !iabi!ity in this *atter than it is on e(a*ining its fai!ed fie!d trip spervision po!icies that !ed to
the rape of or daghter. We be!ieve that the assrance of chi!drenCs safety on #eatt!e 5b!ic #choo!
fie!d trips is of sch vita! co**nity i*portance that it *st be ta6en p i**ediate!y by the #eatt!e
#choo! 4oard. $onCt yo agreeQ
We have repeated!y as6ed the schoo! district to give s the e(p!anation "e are o"ed as the rape victi*Cs
fa*i!y. We have a!so as6ed that the district financia!!y co*pensate for the devastation she "i!!
contine to e(perience as a res!t of the rape that the schoo! district a!!o"ed to occr.
We have not received satisfactory ans"ers to or <estions. We hope the Office of the #perintendent
of 5b!ic ,nstrction "i!! be ab!e to provide the*.
#incere!y,

and
'!ectronic cc- 8ed Ho"ard, 5rincipa!, %arfie!d High #choo!
)ancy &oogan, '(ective $irectorP&entra! Region
/osa 4anda, #perintendent
Kay #*ith?4!*, 5resident, #eatt!e #choo! 4oard
student 1
student 1
parent parent
1:

.pri! 11, 2013
Mr. 'ng!ish,

1. .s "e infor*ed yo, o"ing to the districtCs neg!igence or daghter no" re<ires residentia!
treat*ent and edcation. 8here is no need to convene a *eeting to discss
. ,f the district is offering an a!ternative that "o!d *eet or daghterCs needs
and is co*parab!e to "hat is crrent!y being provided, p!ease advise s regarding yor proposa!.

2. Res, "e are see6ing co*pensation for or daghterOs edcationa! and therapetic needs, a*ong
other da*ages associated "ith the rape.

3. 4y redcing or co*p!aint to Nthe t"o 6ey points,N yo ignore the isse of accontabi!ity that "e have
repeated!y raised. When "i!! the district render a f!! acconting of the circ*stances that a!!o"ed or
daghter to be se(a!!y assa!tedQ

#incere!y,

parent
parent
FERPA
14

April 10, 2013
Mr.
As a result oI our correspondence, I now understand your position on the two key points to be:
1. You ARE NOT requesting any
.
2. You ARE requesting monetary compensation.
Please contact me iI that is incorrect, or changes.
In order to recover money Irom the District, you will need to Iile a tort claim. According
to RCW 4.96.020, any person seeking money damages Irom the Seattle School District
must Iirst Iile a claim with the District. The claim gives the District an opportunity to
investigate the incident and accept or deny responsibility prior to a Iormal legal
proceeding. Please complete the Iorm, have it notarized, and return the enclosed claim
Iorm to the General Counsel`s OIIice. Upon receipt oI the claim, the District will review
the claim and may reIer the matter to an independent adjusting Iirm to be investigated.
The adjusting Iirm will thereaIter investigate the matter and report their Iindings back to
the District. The adjuster may be in contact with you to discuss your claim.
II you have not heard Irom the District aIter sixty (60) days Irom the date the claim was
submitted, please Ieel Iree to telephone the General Counsel`s OIIice Ior an update.
A copy oI the Iorm is attached.
Ron English
General Counsel

parent
FERPA
1@

7ro*- D
#ent- 8esday, .pri! 1@, 2013 8-28 .M
8o- 'ng!ish, Ron
#bMect- &!ai* for $a*ages for*
Mr. 'ng!ish,
Ro sent s the #eatt!e 5b!ic #choo!s &!ai* for $a*ages for*. 8his for* pertains to !osses res!ting
fro* an accident. ,t is not appropriate for the da*age cased by a se(a! assa!t on a schoo! fie!d trip.
sstained e(tensive da*ages that "i!! i*pact the rest of her !ife. 8here has been no
ac6no"!edge*ent nor proposa! fro* the district to co*pensate her for these da*ages.
)one of the co**nications "e received constittes a satisfactory response to or March 18, 2013
co*p!aint to the schoo! district.
#incere!y,

and
student 1
parent parent
parent parent
1+

.pri! 1@, 2013
Ms.
.s , have previos!y indicated, "e cannot f!fi!! yor re<est for a /f!! acconting0 "ithot copies of the
investigation *ateria!s that "ere created by the federa! athorities. ,t "o!d a!so be he!pf! if "e "ere
ab!e to intervie" yor daghter. Ror n"i!!ingness to cooperate "ith s on these points prevents s
fro* being ab!e to give yo a /f!! acconting0 of events.
)onethe!ess, , a* ab!e to te!! yo "hat "e have !earned fro* or conversations "ith the federa!
athorities as "e!! as ta!6ing to the teacher in charge of the fie!d trip.
8here "ere 2+ stdents and three chaperones on the trip. 8he boys "ere in a separate cabin fro* the
gir!s1 cabin and there "ere ad!t chaperones in each cabin. ,n the gir!s1 cabin "ere for roo*s
srronding a centra! ha!!"ay. 8he t"o chaperones "ere in the first roo* on the right of the entry door
and yor daghter "as in the second roo* on the !eft, "ith five other fe*a!e stdents. 8here "ere
eight other fe*a!e stdents in the other t"o roo*s.
On the *orning of )ove*ber +, one of the other fe*a!e stdents to!d the teacher that yor daghter
said she "as raped the night before, "hi!e in her o"n bed. 8he parents, the 5ar6 Ranger, !oca! po!ice
and 74, "ere a!! notified, as "e!! as the principa!, "ho notified the e(ective director of schoo!s and #5#
secrity. 8he 74, infor*ed the principa! that the 74, "o!d condct the investigation. 9nder !ong?
standing practice, #5# defers to cri*ina! athorities in sch cases.
8he teacher observed so*e of the intervie"s. 8"o fe*a!e stdents said that they and yor daghter
had snc6 ot of the gir!s1 cabin the night before bet"een 1 and 2 a*. One *a!e stdent said he
"itnessed another *a!e stdent and yor daghter having se( in the boys1 cabin in the *idd!e of the
night.
. *a!e stdent !ater approached the principa! and said that he and yor daghter had consensa! se( in
the boys1 cabin. 8he *a!e stdent "as e*ergency e(c!ded fro* schoo!.
8he 74, has reported that yor daghter has ad*itted to /fibbing0, i.e., her story changed fro* one
intervie" to another. )o frther detai!s "ere provided.
8he 9# .ttorney1s office in #eatt!e has advised that they deter*ined not to prosecte, bt "ere nab!e
to provide a date "hen this decision "as *ade. 4oth the 74, and 9# .ttorney1s office have refsed to
provide any doc*ents to s "ithot the per*ission of any stdents or other individa!s identified in
the doc*ents. We have sb*itted a pb!ic records re<est to the 9# 5ar6 #ervice, bt have not
received a response.
parent
18

4ased on the infor*ation avai!ab!e to s, "e do not ac6no"!ege any !iabi!ity for this incident. ,f yo
have any other infor*ation yo "ish to share "ith s, p!ease contact *e.
Ron 'ng!ish
20

e(p!aining its fai!ed chaperone po!icies, shifting the b!a*e for carrying ot its investigative
responsibi!ities on the victi* and her fa*i!y.
We e(p!ained in or March 18 co*p!aint that the schoo! district is responsib!e for pro*pt!y investigating
"hy its chaperone po!icies fai!ed to prevent a se(a! assa!t regard!ess of "hether a cri*ina!
investigation is ta6ing p!ace. ,ndeed it is stattori!y ob!igated to do so. )everthe!ess, the district
rationa!iLed its fai!re to f!fi!! this ob!igation by c!ai*ing it *st "ait nti! the cri*ina! investigation "as
co*p!eted. We a!so to!d yo that is
, and that "e *st respect her ti*e in recovery before any intervie"s or frther div!gence of
infor*ation can ta6e p!ace.
8he district has a!"ays been free to intervie" the perpetrator, the teachers, the chaperones, and the
other stdents on the trip, especia!!y since the federa! investigators conc!ded their intervie"s of the
perpetrator and other stdents in )ove*ber. ,t does not have to *a6e e(cses abot "aiting for
to be avai!ab!e for intervie"s, or abot being nab!e to obtain the investigatorsC reports. ,n fact, yo
c!ai* that it *ight not be possib!e to obtain these reports "ithot per*ission of a!! of the stdents "ho
"ere intervie"ed or identified in the report. Ro appear to be!ieve this re!ieves the district of any
responsibi!ity for carrying ot its o"n independent investigation.
5erhaps if yo did condct yor o"n intervie"s, yo *ight !earn "hy the perpetrator raped
despite her repeated re<ests for hi* to stop *o!esting her. Ro *ight a!so !earn "hy the stdent "ho
prported!y "itnessed the 1consensa! se(,2 and "ho is a friend of the perpetrator, described a gir!
"hose appearance and dress "as co*p!ete!y different fro* 5erhaps yo co!d !earn "hy these
boys 1fibbed2 to the federa! investigators. 5erhaps yo co!d !earn "hy the assai!antCs story contradicts
forensic evidence. 5erhaps yo co!d a!so !earn "hat the chaperones and teachers "ere doing that night
instead of spervising 2+ teenagers in adMacent n!oc6ed cabins.
We esca!ated or co*p!aint to O#5, becase the #eatt!e schoo! sperintendent and #eatt!e schoo! board
have fai!ed to investigate and e(p!ain "hy or daghter "as raped on a schoo! fie!d trip. #perintendent
4anda has been si!ent in response to or March 18 co*p!aint. Mst "e conc!de that it is his position,
and the schoo! districtCs, that the chaperone po!icies and procedres that a!!o"ed or daghter to be
raped "ere perfect!y appropriate and acceptab!eQ #eatt!e #choo! 4oard president Kay #*ith?4!* has
a!so been si!ent in response to or March 18 co*p!aint. Mst "e ass*e that it is the schoo! boardCs
opinion, and the opinion of the co**nity it represents, that chaperone po!icies a!!o"ing stdents to
co?*ing!e after crfe" nspervised, and that per*it se(a! assa!ts on fie!d trips, are perfect!y
appropriate and acceptab!e, and therefore it is nnecessary to ho!d the district ad*inistration
accontab!e for the !ife?scarring da*age that or daghter sfferedQ
8he schoo! district deter*ined that "as tra*atiLed by the se(a! assa!t on the fie!d trip bt
chooses not to condct a pro*pt and thorogh investigation on "hy its po!icies fai!ed to prevent it. ,n
or vie", the reason is that the schoo! district is *ore concerned abot its potentia! !iabi!ity that it is in
the safety and "e!!?being of stdents nder its care. )ot having heard to the contrary, "e *st
student 1
student 1
student 1
student 1
student 1
RCW 42.56.360(2)
21

conc!de that the #choo! 4oard, as representative of the co**nity, chooses not to ho!d the district
accontab!e for this breach in or trst for si*i!ar reasons.
4ecase the schoo! district and schoo! board have fai!ed to abide by stattory re<ire*ents for
pro*pt!y and e<itab!y addressing se(a! vio!ence on a schoo! fie!d trip, "e p!an to fi!e a co*p!aint "ith
the Office for &ivi! Rights. We e(pect they "i!! investigate "hy the schoo! district is in non?co*p!iance
"ith federa! and state reg!ations.

#incere!y,

and parent parent
22

.pri! 2+, 2013
Mr.
8han6 yo for getting bac6 to *e. , "i!! try to address yor concerns.
&haperone Ratio- , do not be!ieve , have e(pressed any opinion abot the n*ber of chaperones
re<ired for a fie!d trip. 8he %arfie!d 7ie!d 8rip %ide!ines provide for a ratio of 1-20. 8hs the ratios for
this trip "ere "e!! "ithin that standard 01-1> for boys, 1-+ for gir!s, and 1-B in tota!3. Other infor*ation
"e have fro* 'dcationa! #ervice $istrict 112 confir*s this ratio is acceptab!e. ,f yo are a"are of any
other gide!ines that "e sho!d !oo6 to, , "o!d appreciate hearing fro* yo.
&ri*e ;icti* designation- We nderstand that this is a se!f?no*ination process. Wo!d yo p!ease
provide doc*entation of that stats and describe ho" it "as deter*inedQ We have *ade a pb!ic
records re<est for this doc*ent, bt it "as dec!ined. Wo!d yo be "i!!ing to provide s "ith a copyQ

&o?*ing!ing of stdents- &an yo p!ease be *ore specific as to "hat evidence yo have of Nco?*ing!ingN
of stdentsQ .!so, "e do not nderstand ho" this is re!evant, i.e., cased the events "hich too6 p!ace
severa! hors !ater, after the stdents "ere in their respective cabins. 5!ease e(p!ain.
Whether the boys NfibbedN- 5!ease e(p!ain evidence yo have that they "ere not te!!ing the trthQ
What is yor sorceQ 04y "ay of c!arification- 8he 74, to!d *e that NfibbingN "as the "ord sed by yor
daghter to describe her o"n testi*ony.3 With reference to yor state*ent that the other boy "as a
NfriendN of the boy that had se( "ith yor daghter, and ths his testi*ony in favor of the other boy is
not re!iab!e, , do not 6no" ehther yo are a"are that t"o gir!s "ho "ere pres*ab!y NfriendsN of yor
daghtera!so contradicted her initia! story.
.ctivities of chaperones- Ro sggest that the chaperones sho!d have been in the individa! roo*s of
the gir!s 08his "o!d re<ire a 1-: ratio3. 8he configration is that a!! gir!s and their chaperones "ere in
a sing!e cabin that had for roo*s arond a centra! ha!!. p!ease provide any infor*ation yo have that
parent
RCW 42.56.360(2) FERPA
RCW 42.56.360(2)
23

indicates this arrange*ent is i*proper or the chaperones "ere not perfor*ing their dtiesQ 5!ease
provide the sorce of yor infor*ation on these points.
&ondct of an investigation- .s is apparent fro* *y prior e*ai!, the $istrict has a!ready investigated and
ncovered considerab!e infor*ation abot the events that too6 p!ace. 8he teacher "as present dring
the initia! intervie"s of the stdents and chaperones, and has reported "hat she heard. 8his initia!
revie" of the events is spported by "hat , have been to!d by the 74, and 9.#. .ttorneyOs office. , do not
6no" "hether another intervie" of the stdents, chaperone and teacher "i!! be he!pf!
.s , have previos!y stated, the $istrict "i!! contine to co!!ect and revie" the avai!ab!e infor*ation. We
*ay or *ay not choose to share sch infor*ation "ith yo.
.cco**odations- .s , have previos!y stated, if yo "ish to re<est any acco**odations for yor
daghter to assist in her edcation, yo are free to do so. 4ecase yo have not responded to this offer
so far, "e ass*e that yo have decided not to ta6e s p on it.
=ac6 of a response by the #perintendent and #choo! 4oard 5resident- Ro sho!d consider *y
responses to be *ade on beha!f of the $istrict, inc!ding the #perintendent and 4oard 5resident.
=ast, , "ish to *a6e it c!ear that, based pon the evidence "e have to date, the $istrict does not
ac6no"!edge that a se(a! assa!t occrred or, if it did, that the $istrict is at fa!t. We certain!y disagree
"ith yor i*p!ication that the $istrict is not concerned abot the safety and "e!!?being of its stdents.
)or do "e agree that "e have fai!ed to proper!y investigate the *atter. , nderstand nonethe!ess yo
be!ieve the $istrictOs investigation to date is inade<ate, bt in order to address yor concerns and
frther, "e need the e(p!anation and *ateria!s re<ested above and in *y prior e*ai!s.
Ron 'ng!ish
%enera! &onse!
2:

those invo!ved 0inc!ding the assai!ant3 "o!d not be he!pf!Q Why "o!dnOt yo "ant to intervie" the*
*ore than once to arrive at the trthQ

Ro say that yo no" spea6 on beha!f of #perintendent 4anda and the #eatt!e #choo! 4oard. ,n that
case, "e conc!de that it is their position that Nconsensa! se(N bet"een stdents on #eatt!e #choo!
$istrict sponsored fie!d trips is perfect!y appropriate and acceptab!e, and that it res!ts fro* ade<ate
spervision consistent "ith district po!icy. 5res*ab!y yo a!so be!ieve that parents in the co**nity
"o!d agree to send their chi!dren on schoo! sponsored fie!d trips 6no"ing that district spervision
po!icies per*it se(a! re!ations and se(a! vio!ence to occr.

and

parent parent
2@

May 2, 2013
Mr.
8han6 yo for getting bac6 to *e so <ic6!y, , "i!! try to address yor points.
1. , have previos!y infor*ed yo that "e had the teacher sit in on the intervie"s, "hich infor*ed
or sbse<ent actions. , regret that "e did not provide a "ritten report to yo nti! *y e*ai! of .pri!
1@, bt "e "ere not a"are the !a" enforce*ent athorities had co*p!eted their "or6 nti! yo
infor*ed s on March 22.
2. With respect to

3. With respect to discip!ine of the other stdent, an 1e*ergency e(c!sion2 is not discip!ine. ,t is sed
to re*ove a stdent fro* schoo! if he presents a danger to hi*se!f other others. ,t is not a
deter*ination that he did or did not do anything "rong.
>. With respect to the n*ber of chaperones- *y e*ai! of .pri! + said on!y that the n*ber of
chaperones "as consistent "ith best practices, not that sch a n*ber "as re<ired or that a higher
stdent to chaperone ratio "as not per*itted. My previos e*ai! !ays ot the gide!ines that "e are
a"are e(ist. 8he ratio for this trip "as 1-B, and ratios as high as 1-20 are specifica!!y per*itted.
:. With respect to state designation of yor daghter as a cri*e victi*, "e have no independent
infor*ation abot this, becase yo have not provided s any of the specifics abot yor daghterCs
c!ai* to the state. Or nderstanding, based pon a revie" of the stateCs "ebsite, is that anyone can
app!y for sch designation. We donCt 6no" if yor daghter did, or "hat the stateCs response "as,
e(cept "hat yo have to!d s.
@. With respect to the $istrictCs position on consensa! se(, "e obvios!y do not agree "ith yor
characteriLation that "e be!ieve it is 1perfect!y appropriate2.
+. With respect to the ade<acy of spervision- We be!ieve the procedres "e estab!ished to identify
and assre an ade<ate n*ber of chaperones "ere present are appropriate, and that there is no
evidence the chaperones did not perfor* their dties.
)onethe!ess, based on frther discssions "e have decided to condct another investigation into "hat
happened at the par6, sing an independent investigator. We "i!! provide yo the res!ts. Ho"ever, in
order for sch an investigation to be the *ost sef! for both yo and the $istrict, "e again as6 for the
fo!!o"ing-
1. .n intervie" of yor daghter
parent
FERPA
2+

2. ,nfor*ation yo have that indicates i*proper condct of chaperones or stdents. ,n partic!ar, yo
have *ade references to <estions yo be!ieve "e sho!d be as6ing. . !ist of sch <estions, and "ho
sho!d be as6ed, "o!d be very he!pf!.
3. .ccess to yor daghterCs hea!th care records re!ated to this incident
>. &opies of any investigative reports yo have fro* the 74,, )ationa! 5ar6 #ervice or other !a"
enforce*ent athorities
:. &opies of any *ateria!s sb*itted to or received fro* the #tate of Washington regarding her stats
as a cri*e victi*
@. &opies of any doc*ents fro* &!a!!a* &onty 0"hich yo have previos!y *entioned3
=ast, "e have no" "ritten each other severa! ti*es, and have *ade !ess progress to"ards
co**nicating "ith each other than , a* sre either of s desired. ,f yo "ish, , "o!d be happy to
*eet "ith yo direct!y to discss things. 5!ease ca!! *e at 20@?2::?:B0> and "e can ta!6 or set p a
*eeting.

Ron 'ng!ish
%enera! &onse!
2B

May +, 2013
Mr. 'ng!ish,

My hsband, addressed so*e of the content of yor May 2, 2013 e*ai!. Ror e*ai! raises
<estions that any #eatt!e schoo! parent "hose daghter "as assa!ted deserves to 6no". 7or ease of
trac6ing responses, "e re<est that each ans"er appear direct!y beneath each <estion.

8he investigative process-
1. What is the officia! "ritten protoco! for investigating se(a! harass*ent and assa!tQ 8his <estion
ste*s fro* the distrbing fact that the district ignored its stattory ob!igation to condct an
investigation pro*pt!y and concrrent!y "ith a cri*ina! investigation nder 8it!e ,A, according to O#5,.
8he district no" infor*s s that it is co**encing an investigation si( *onths after the assa!t. 8he
district rationa!iLed its disregard for the stattory ob!igation by c!ai*ing it *st "ait nti! a cri*ina!
investigation "as co*p!eted *onths ago.
What !a"s govern ho" the investigation sho!d be condctedQ What gide!ines "i!! the district give to
the investigatorQ What is the ti*e fra*e"or6 and scope of the investigationQ Who "i!! condct the
investigation and "hat is the investigator charged "ith acco*p!ishingQ
We "ant to be infor*ed of a!! re<ire*entsKprocedresKprotoco!s that *st be fo!!o"ed in an
investigation of se(a! harass*entKse(a! assa!t. 5!ease send s a!! re<ested infor*ation by e*ai!.

2. Wi!! the district co*pe! stdents, the chaperones, teachers, and other entities to participate in an
investigationQ Or is participation vo!ntaryQ .re participants a!!o"ed to have an attorney or parent
presentQ

3. Wi!! the district provide infor*ed consent for*s to the participantsQ 5!ease provide s "ith sch
for*s and a!! others that are a part of the investigation.

>. Mst stdents obtain the per*ission of the parentKgardian to participateQ

:. Has the district considered the psycho!ogica! effect of a co*prehensive investigation on the stdent
bodyQ $o yo be!ieve that stdents "i!! fee! coerced into participating "hen the re<est co*es fro* a
person of athority becase of perceived repercssions of refsingQ On the other hand, *ay
participants fearKrefse participating becase they co!d be sbMect to frther invo!ve*ent in this caseQ
parent
30

@. .re yo a"are that the stdentsC stories or reco!!ections are !i6e!y to have changed over the si(
*onths for a variety of reasonsQ
+. ,s the district concerned that sch an e(hastive independent investigation "i!! bring the se(a!
assa!t into the pb!ic do*ainQ What do yo be!ieve are the ra*ifications for the district, the schoo!,
and the victi*Q What specia! considerations are there "hen
Q
8. $o yo p!an to intervie" stdents "ho "erenCt on the trip bt have had first?hand discssions "ith
the assai!ant abot his actions on the tripQ
B. What are the possib!e i*p!icationsKrepercssions a second investigation co!d case in the stdent
pop!ation 0"here "ord trave!s <ic6!y3Q
10. Has the district considered the possibi!ity that a second and appropriate!y co*prehensive
investigation co!d incite the assai!ant and his friendsQ .s the assai!ant "as vio!ent enogh to rape or
daghter and received an e*ergency e(c!sion for posing a threat 0and appears to have a record of
prior isses3, have yo considered that vio!ence that co!d ense fro* stirring p the "ater "ith the
be!ated investigationQ Has the district considered ho" this ne" investigation co!d i*pact or fa*i!yCs
safetyQ What steps "i!! yo ta6e to address this possibi!ityQ
11. ,s the district ob!igated to record the intervie"s and provide recordingsKtranscriptsQ
12. What assrances do "e have that the investigator "i!! be i*partia!Q 7or e(a*p!e, can the
investigator provide his reco!!ections of ntaped intervie"s in cort to spport the districtCs positionQ
13. Who "i!! condct the investigation and *ay "e see the contracta! ob!igations bet"een the district
and the investigatorQ
1>. $oes the district intend to *a6e the intervie"s and transcripts to the victi*Os fa*i!y and a!!
infor*ation avai!ab!e to the pb!ic 0"ith na*es redacted3 pon re<estQ What !a"s govern the re!ease
of sch infor*ationQ
1:. .re "e a!!o"ed to participate in the intervie" process by advancing <estions and observingQ
1@. 8o provide for f!! transparency and netra!ity, "i!! yo provide s a!! infor*ation gathered, not on!y
the districtCs conc!sionsQ

1+. 5!ease e(p!ain "hy an independent investigation is tr!y independentQ Ho" does that occr "hen
the district is the c!ientQ

31

18. Ho" "i!! yo eva!ate the veracity of infor*ation obtained fro* the assai!ant and other stdentsQ
Ho" "o!d yo proceed if yo deter*ine the infor*ation is not trthf!Q
1B. $oes the district p!an a thorogh, e(hastive, and persistent investigation into the factsQ Who "i!!
yo intervie"Q
20. ,tCs !i6e!y that conf!icting infor*ation "i!! e*erge fro* this investigation. Ho" "i!! the district for*
its conc!sionsQ 8he district a!ready 6no"s that the assai!ant ad*itted to having 1consensa! se(2 to the
principa!, so*ething that sho!d never occr on a fie!dtrip, ths chaperoning "as neg!igentJ that or
daghter "as daLed and ta6en to the e*ergency roo* by the science teacher, that she sb*itted a
rape 6it, that she "as deep!y tra*atiLed and nab!e to attend schoo!,
, that the
state <a!ified her as a cri*e victi*, that she received treat*ent for the aftereffects of rape and is in
residentia! treat*ent as a res!t of this devastating assa!t.
21 .fter her recovery, or daghter, an artic!ate and sccessf! stdent, is "i!!ing to face her assai!ant
in a cortroo* if it *st co*e to that. ,s this "hat the district "ants, Mr. 'ng!ish, after a!ready
"rea6ing havoc in or !ivesQ
8he fie!d trip-
1. 5!ease provide a!! doc*ents pertaining to the p!anning and spervision of the )ov. :?+, 2012
fie!dtrip.
2. Were the chaperones vo!nteers or paid for their servicesQ

3. Why "ere these chaperones se!ected and "hat "ere their <a!ificationsQ
>. 5!ease provide !in6s to a!! the gide!ines and doc*ents srronding fie!dtrip chaperoning.
:. Ro stated that the n*ber of chaperones for this trip "as 1-B bt in acta! fact, the n*ber "as 1-1>
for the boys. Ho" co!d t"o fe*a!e chaperones in a separate cabin be e(pected to be responsib!e for
the behavior of 1> boys throghot the nightQ Ho" co!d one sing!e *a!e chaperone be e(pected to
"atch 1> boys "hi!e he "as s!eeping or sing the toi!et otsideQ WasnCt the *a!e chaperone
responsib!e for spervising the boys on t"o consective nights as "e!! as dring the dayQ 8he ris6s
associated "ith teenagers on overnights re<ires vigi!ant chaperoning. 5!ease e(p!ain ho" one
chaperone for 1> boys co!d possib!y perfor* his dtiesQ
@. 8he evidence that chaperoning "as inade<ate "as spp!ied "hen the assai!ant ad*itted to having
se( on a fie!dtrip and "hen or daghter infor*ed the teachers she "as raped. 5!ease e(p!ain "hy yo
be!ieve the chaperones acted responsib!y "hen the assai!ant ad*itted to having 1consensa! se(2 0rape,
acta!!y3 to Mr. Ho"ard and the investigators.
FERPA
32

.s the district has 6no"n that the assai!ant confessed to 1consensa! se(,2 yet contines to assert that its
chaperoning po!icies "ere ade<ate, one can on!y conc!de that the district considers consensa!
se(Kse(a! harass*entK se(a! assa!t to be an acceptab!e activity on a fie!d trip since its ade<ate
chaperoning po!icies a!!o"ed it to occr.

$iscip!ine-
1. When a stdent ad*its of having Nconsensa! se(N on a fie!d trip, "hat discip!inary action *st be
ta6enQ Mst the parents be infor*ed in "riting of the sanctionQ

2. ,f the assai!ant "as discip!ined for having consensa! se(, then do yo be!ieve or daghter *st a!so
have had Nconsensa! se(Q2 #re!y "e sho!d have received notification that or daghter vio!ated a
code of condct. Why didnCt "eQ

3. Ro "rote that, 2With respect to discip!ine of the other stdent, an Oe*ergency e(c!sionO is not
discip!ine. ,t is sed to re*ove a stdent fro* schoo! if he presents a danger to hi*se!f other others. ,t
is not a deter*ination that he did or did not do anything "rong.N .!thogh yo state it is 1not
discip!ine,2 according to $efinitions of #choo! 4ased ,nterventions an e*ergency e(c!sion can indeed
be !in6ed "ith a discip!inary action- N'*ergency '(c!sion is so*eti*es ca!!ed a S#afety '(c!sionC or an
S'*ergency '(c!sion for #afety ReasonsC. ,t *ay be !in6ed "ith a discip!inary action or *ay stand a!one
as a hea!th and safety isse.2

>. Why have yo not provided the f!! disc!osre on e*ergency e(c!sion "hich is re!evant to se(a!
harass*ent and assa!tQ .ccording to $efinitions of #choo! 4ased ,nterventions-

N'*ergency '(c!sion is an i**ediate re*ova! fro* schoo! that is athoriLed "here there is good and
sfficient reason to be!ieve that the stdentOs presence poses an i**ediate danger to the stdent,
other stdents, or schoo! personne!, based on threatened behavior rather than past behavior. 8his is
sed "hen there is reason to be!ieve that the stdent is sicida!, bt *ay a!so be sed "hen there is
co*pe!!ing evidence that the stdent has *ade a credib!e threat of ho*icide, assa!t, or se(a! assa!t
to"ard another person at schoo!.N

:. #o e*ergency e(c!sion can be a discip!ine 0contrary to "hat yo "rote3 and it *ay be app!ied in
cases of se(a! assa!t. Why did the assai!ant receive an i**ediate e*ergency e(c!sionQ
@. $oes the district be!ieve that stdents "ho "ent in and ot of each otherCs cabins dring the night
deserve discip!inary actionQ ,f so, "hat action "as ta6en, and ho" *any stdents "ere discip!ined for
33

this and other disa!!o"ed activities on the fie!dtripQ

8he districtCs vie"-
$oes the district no" ac6no"!edge that se( occrred on this trip after the assai!ant reported it to Mr.
Ho"ard in the presence of the teachers pon retrning fro* the tripQ ,f so, does the district be!ieve
that the assai!antCs story is correct, that he engaged in 1consensa! se(Q2 $oes the district be!ieve that
or daghter "o!d have 1consensa! se(2 in a cabin "ith a p!atonic ac<aintance "ith other stdents
present 0as opposed to finding a sec!ded spot3Q What does the district 6no" abot the assai!antCs past
behavior and circ*stances that co*pe!!ed this assa!tQ What is 6no"n abot conversations he had
"ith peers abot se(a! practices on this fie!dtripQ What bearing does the assai!antCs siLe as a
have in re!ation to a petite gir!Q What is the districtCs opinion concerning the fact that or daLed
daghter i**ediate!y reported so?ca!!ed 1consensa! se(2 to the teachers and sb*itted a rape 6it at
the hospita!Q What does the district nderstand abot the variety of responses to the tra*a of rapeQ
What proof does the district have that se( did not occr and that or daghter "as not rapedQ
5arents "ho entrst their chi!d to the schoo! on a schoo! fie!dtrip deserve transparent ans"ers and f!!
disc!osre. We intend to ho!d the district accontab!e, Mr. 'ng!ish.

identifier
parent
3>

#bMect- po!icies that srronded se(a! assa!t of or daghter
$ate- Wed, 08 May 2013 08-1B-2+ ?0+00
7ro*- ]
Rep!y?8o- ]
8o- #*ith?4!*, Kay ]6sb!*^seatt!eschoo!s.org_
&&- M!banda^seatt!eschoo!s.org, NHo"ard ,,, 8heodoreN ]trho"ard^seatt!eschoo!s.org_, N&oogan,
)ancy 'N ]necoogan^seatt!eschoo!s.org_, ] N'ng!ish, RonN
]reng!ish^seatt!eschoo!s.org_, &a!andra.#echrist^612."a.s

Ms. #*ith?4!*,
We note fro* yor e*ai! fo!!o"ing that <estions of po!icy fa!! nder yor prvie" yet yo send or
in<iries regarding po!icy to the %enera! &onse! Rona!d 'ng!ish. .re yo not or e!ected
representativeQ

7or *onths no" "e have been as6ing for an e(p!anation of the chaperoning po!icies that per*itted or
daghter to be raped on the )ove*ber :?+, 2012 %arfie!d fie!d trip to the O!y*pic )ationa! 5ar6.
)either Mr. 'ng!ish nor the #perintendent have addressed or concerns. 8o revie", Mr. 'ng!ish-
,nitia!!y "rote that Nbest practicesN constitte a 1-> ratio bet"een stdents and teachers bt
!ater "rote that he hadnOt stated this
=ater to!d s that a ratio of 1-20 "as sfficient for the fie!d trip dring "hich or daghter "as
raped
Wrote there "as one chaperone on this trip for 1> boys 028U of Nbest practicesN for the
n!oc6ed boysO cabin3
8here "ere on!y 2 chaperones for 13 gir!s 0a!so a fraction of Nbest practicesN for the n!oc6ed
gir!sO cabin3
#ays he has no evidence that chaperones didnOt perfor* their dties appropriate!y a!thogh he
6no"s that the assai!ant confessed to the principa!, Mr. Ho"ard, that he had Nconsensa! se(N
0rape, acta!!y3 "ith or daghter. He 6ne" that the assai!ant a!so received an i**ediate
Ne*ergency e(c!sionN 0"hich can be a discip!inary action fro se(a! assa!t3. Mr. 'ng!ish a!so
6no"s that or daghter reported the assa!t and "as ta6en to the hospita! in the *orning by
the science teacher. &!ear!y chaperoning po!icies fai!ed on this trip.
parent
parent
parent
parent
parent parent
3:

Ms. #*ith?4!*, can yo te!! *e ho" one chaperone co!d possib!y 6eep his eye on 1> teenage boys a!!
night !ong in an n!oc6ed cabin for t"o consective nightsQQ ,t is h*an!y i*possib!e as he "o!d have
to go otside to the toi!et and of corse s!eep.
Mr. 'ng!ish has not to!d s "hy chaperoning po!icy a!!o"s for a fractiona! n*ber of the Nbest
practices,N "hy stdents "ere a!!o"ed to co?*ing!e in each otherCsO roo*s before and after crfe"
0high!y nsa! behavior according to )atre 4ridgeOs director3, "hy stdents co!d easi!y !eave their
roo*s by the doors and "indo"s a!! night, "hether po!icy inc!des c!osed bedroo* doors for this trip,
"hy teachers "ere a!!o"ed to s!eep in a separate area "ith their o"n yong chi!dren rather than
increasing chaperoning to approach Nbest practices,N "hether the three non?parent chaperones "ere
trained and <a!ified to serve as chaperones, "hether any of the stdents 0sch as the assai!ant3 "ere at
high ris6 for acting ot, a*ong other sa!ient facts that "o!d necessitate a *ore stringent chaperoning
po!icy for this trip. He has not yet provided s "ith the !in6 to chaperoning po!icies and procedres
"hich the schoo! fo!!o"ed. &ertain!y these are <estions of po!icy that every parent in the district
sho!d 6no" abot. ,n addition, Mr. 'ng!ish hasnOt to!d s "hether he intervie"ed the staff at )atre
4ridge 0"here the assa!t occrred3 to !earn abot stdentsC condct in !ight of the districtOs
NchaperoningN po!icies. #ch infor*ation "as readi!y avai!ab!e since !ast )ove*ber 0and a!ready 6no"n
to s3. ,n fact, it "as on!y *onths !ater, after "e esca!ated or co*p!aint, that Mr. 'ng!ish ad*itted that
no independent investigation of its po!icies had occrred. Why notQ
On a very re!evant <estion of po!icy, are yo a"are of any po!icy that says the district sho!d de!ay its
independent investigation of se(a! harass*ent Kassa!t nti! a cri*ina! investigation is co*p!etedQ
Mr. 'ng!ish has repeated!y e(csed the districtOs fai!re to pro*pt!y condct an investigation, stating
that it is a *atter of !ongstanding practice to "ait for a cri*ina! investigation to end. Ho"ever O#5,
infor*ed s that 1. cri*ina! investigation into a!!egations of se(a! harass*ent or se(a! vio!ence does
not re!ieve the schoo! of its dty nder 8it!e ,A to reso!ve co*p!aints pro*pt!y and e<itab!y.N #i(
*onths have passed and Mr. 'ng!ish has Mst no" infor*ed s of his intention to co**ence an
investigation. Why isnOt the district co*p!ying "ith 8it!e ,A reg!ationsQ ,s this not a *atter of po!icyQ ,s
it not the ob!igation of the schoo! board to investigate this rather than trning or correspondence over
to Mr. 'ng!ish so he can contine to Mstify errant disregard of po!icyQ
,n another apparent breach of po!icy, principa! 8ed Ho"ard refsed to address or verba! and "ritten
concerns abot or daghterOs safety fo!!o"ing the rape. "as natra!!y terrified of seeing the
assai!ant at schoo!. 8he day after the rape, Mr. Ho"ard to!d s that a stdent had co*e for"ard and
ad*itted having Nconsensa! se(N "ith or daghter. We infor*ed hi* that or daghter had been
raped. Mr. Ho"ard a!ready 6ne" the teachers too6 or daLed daghter to the e*ergency roo* in 5t.
.nge!es "here she endred a rape 6it. We as6ed Mr. Ho"ard "hat *easres co!d be i*p!e*ented,
sch as a restraining order, transfer of the assai!ant, etc, to assre for safety fo!!o"ing the
assa!t. ,nstead of infor*ing s of the *easres ta6en to assre for or daghterOs safety at schoo!, or
"hether the assai!ant had been re*oved fro* the schoo!, Mr. Ho"ard to!d s there "as nothing he
co!d do or say. He then instrcted s in an e*ai! to ta6e or <estions to the par6s depart*ent. 8he
par6s depart*ent has no Mrisdiction over schoo! safetyG
student 1
student 1
3@

,s it not a *atter of po!icy that Mr. Ho"ard infor* s abot actions had been ta6en to provide for or
daghterOs safetyQ O#5, infor*ed s that 1#choo!s *st disc!ose to the co*p!ainant infor*ation abot
the sanction i*posed on the perpetrator "hen the sanction direct!y re!ates to the harassed stdent.
8his inc!des an order that the harasser stay a"ay fro* the harassed stdent, or that the harasser is
prohibited fro* attending schoo! for a period of ti*e, or transferred to other c!asses or another
residence ha!!.N Ho" diffic!t "o!d it have been for Mr. Ho"ard to si*p!y te!! s i**ediate!y that 18he
assai!ant "i!! not be at schoo! for a period of ti*eNQ #i( *onths !ater "e have Mst !earned fro* Mr.
'ng!ish that the assai!ant received an i**ediate e*ergency e(c!sion. Had Mr. Ho"ard infor*ed s,
or daghter co!d have retrned to schoo!.
,s there a po!icy that per*its Mr Ho"ard to ignore his ob!igation to ans"er basic <estions abot
safetyQ ,s there a po!icy that a!!o"s the principa! to cover p the fact that Nconsensa! se(N 0rape3
occrred on a %arfie!d fie!d trip by retracting his ear!ier state*ent that it had occrredQ &an yo te!! s
"hich po!icy a!!o"s hi* to pass his responsibi!ity to co**nicate to the par6s depart*entQ &an yo
a!so e(p!ain "hy he repeated!y pro*ised s pro*pt ans"ers that he didnOt de!iverQ

Ms. #*ith?4!*, becase yo "rote that po!icy fa!!s nder yor prvie", is it not a *atter of
accontabi!ity that yo address the <estions above and
'(p!ain "hy one chaperone for 1> boys is sfficient and "hy Mr. 'ng!ish can assert that
chaperoning "as sfficient "hen Nconsensa! se(N 0rape, acta!!y3 occrredQ
'(p!ain "hy teachers are a!!o"ed to ta6e their chi!dren on trips and s!eep separate!y fro*
stdents "hen chaperoning "as a *ere fraction of Nbest practicesNQ
'(p!ain "hy chaperone po!icy is so !a( that boys and gir!s visited each otherOs cabins before and
after crfe" both nightsQ
'(p!ain "hy Mr. 'ng!ish says the district can de!ay an investigation of se(a! harass*entKassa!t
for @ *onths "hen the district is re<ired to nderta6e an investigation pro*pt!y regard!ess of
any cri*ina! investigation nder"ayQ
'(p!ain "hy Mr. Ho"ard can create a po!icy that "ithho!ds infor*ation that the victi*
re<ested so she co!d retrn safe!y to schoo!Q
'(p!ain "hy Mr. Ho"ard co!d retract state*ents free!y *ade and cover p the fact that
"rongdoing occrredQ
We contacted yo becase no one in the district has addressed or in<iries abot po!icy. ,snOt the
schoo! board is an independent entity that e(ists to ho!d the district accontab!e for its po!iciesQ Ret for
so*e reason a!! or in<iries to the board are passed on to the %enera! &onse!, as thogh the board is
an e(tension of the &onse!. ,s it not yor responsibi!ity to address or <estions of po!icy, as yo say
be!o"Q 4ased on yor response, it appears yo are n"i!!ing ans"er <estions of po!icy previos!y
3+

raised in correspondence. ,f yo are n"i!!ing to address or <estions of po!icy, perhaps other board
*e*bers "i!!.
#incere!y,

.s , e(p!ained to yo in or one phone ca!!, this incident is not the prvie" of the 4oard. 8he
4oard dea!s at a governance and po!icy !eve!. , si*p!y *ade sre the genera! conse! "as a"are of yor
concerns and that they "ere responding to yor contacts. Ror correspondence and concerns are being
hand!ed throgh or #perintendent and genera! conse!Os office, per or procedres. Ron 'ng!ish has
been corresponding "ith yo according!y arond steps that have and can be ta6en. Kay #*ith?4!* #5#
4oard 5resident $irector, $istrict : ??
7ro*- ] *ai!to- Rep!y?8o-
] *ai!to- $ate- 8hrsday,
.pri! 2:, 2013 B->1 5M 8o- Kay #*ith?4!*
]6sb!*^seatt!eschoo!s.org]*ai!to-6sb!*^seatt!eschoo!s.org__

parent parent
parent parent
parent
parent
parent
parent
38

May B, 2013
Mr.
, "i!! try to respond to the <estions in yor May > e*ai! to *e in the order yo raise the*.
1. Regarding the , p!ease see ite* 2 in *y e*ai! of May 2. ,
be!ieve , have a!ready responded to yor <estions concerning this isse.
2. Regarding e(c!sion of the *a!e stdent, , do not crrent!y 6no" the basis for the action. 5!ease see
ite* 3 in *y May 2nd e*ai!.
3. Regarding the actions of the state "ith respect to cri*e victi*sO benefits- since yo have not
provided s "ith any doc*entation of this action, "e are nab!e to co**ent frther on this point.
5!ease see ite* : in *y May 2nd e*ai!.
>. Regarding "hether the chaperones Na!!o"edN se(a! intercorse to occr- the infor*ation "e have is
that three gir!s 0inc!ding yor daghter3 !eft their cabin after hors "ithot per*ission. ,f yo have
infor*ation that the chaperones participated in, or condoned that activity, p!ease provide s "ith that
infor*ation.
:. Regarding the accracy of infor*ation that "i!! be obtained in the pending investigation- , thin6 it
"o!d be pre*atre for anyone to <estion the accracy of the infor*ation obtained becase "e have
yet to receive the res!ts of that investigation. We have previos!y provided yo "ith the infor*ation
"e !earned dring the initia! investigation. #ee *y e*ai! of .pri! 1@. Ro have re<ested a second
independent investigation be condcted and "e are doing so.
@. Regarding the $istrictOs protoco!s for condcting an investigation of a se(a! assa!t- , a* not
crrent!y a"are of any sch protoco!. Ho"ever, or #afety and #ecrity $epart*ent has pb!ished a
1Zic6 Reference %ide2, "hich sets forth steps to be ta6en "hen staff is notified of an a!!egation of
se(a! abse. .!! of the steps !isted "ere ta6en, inc!ding notification of the po!ice, parents and
appropriate *edica! treat*ent.
We ass*e by yor choice not to provide any of the infor*ation re<ested in *y e*ai! of May 2 that
yo are n"i!!ing to do so. ,f or ass*ption is incorrect, "e "o!d great!y appreciate receiving the
re<ested *ateria! at the ear!iest opportnity. 8han6 yo for yor consideration.
Ron 'ng!ish
%enera! &onse!
parent
FERPA
3B

May B, 2013
Ms.
Rather than atte*pting to ans"er yor <estions at this point 0"hi!e the investigation is pending3 ,
be!ieve it "o!d be better to a!!o" that process to co*p!ete itse!f, then see if yo sti!! "ish to raise the
<estions. , "i!! for"ard yor !etter to the investigator, Ric6 Kaiser.
,n the *eanti*e, ho"ever, it appears that yo have *ade re<ests for severa! doc*ents-
1. 5rocedres and protoco!s to be fo!!o"ed in an investigation of se(a! harass*entKse(a! assa!t.
2. &onsent for*s fro* participants in the investigation.
3. $oc*ents pertaining to the p!anning and spervision of the )ov. :?+, 2012 fie!d trip.
>. %ide!ines and doc*ents srronding fie!d trip chaperoning
, "i!! as6 or 5b!ic Records Officer, &o!!een &ar!son, to obtain and provide yo any doc*ents that "e
have. ,f yo desire to obtain additiona! doc*ents, p!ease !et her 6no".

Ron 'ng!ish
parent
>1

May 10, 2013
Ms.
Ro have re<ested that "e condct another investigation of "hat happened on the fie!d trip. We are
doing so. 8he investigator is Ric6 Kaiser. We "i!! provide yo a copy of his contract.
Ro are of corse free to pose <estions for the investigator to consider proposing to the intervie"ees.
We provided hi* a copy of yor March 18 !etter, as "e!! as *y correspondence "ith yo. We gave hi*
a !ist of the teachers, chaperones and the five stdents, "ith contact infor*ation. We did not restrict
his investigation to those individa!s. , do not 6no" "hether he "i!! be taping or transcribing his
intervie"s.
We as6ed hi* to deter*ine "hat happened on the fie!d trip. We did not provide a !ist of <estions to
be as6ed, nor do "e as6 stdents or parents to co*p!ete consent for*s. 8he investigator is given
discretion to condct the investigation as he deter*ines best. We have not restricted or other"ise
contro!!ed the *anner or *eans by "hich he decides to condct his investigation.
Ror !etter indicates that yor daghter is "i!!ing to testify. &an Mr. Kaiser intervie" herQ .gain, can
yo provide any of the doc*entation re<ested in *y prior e*ai!s to assist in his investigationQ
We have not set a dead!ine for co*p!etion of Mr. KaiserCs "or6, bt , do 6no" he has started the
intervie"s.
Ms. &ar!son has a!ready sent yo so*e *ateria!s, and "i!! send yo Mr. KaiserCs contract as "e!!. ,f after
revie"ing this *ateria!, yo be!ieve so*ething is !ac6ing and "o!d !i6e to re<est additiona!
doc*ents, p!ease fee! free to do so.
Ron 'ng!ish
%enera! &onse!
parent
>2

May 10, 2013
Mr. 'ng!ish,
We "ish to c!arify a fe" points in yor e*ai! of May 10. Ro "rote that "e Nhave re<ested that "e
condct another investigation of "hat happened on the fie!d trip.N We have not re<ested that yo
condct NanotherN investigation. We are re<esting that the district f!fi!! its re<ire*ent nder 8it!e ,A
to nderta6e the investigation that sho!d have been initiated !ast )ove*ber. 8it!e ,A states that it is
inc*bent pon the district to begin a pro*pt investigation regard!ess of "hether a cri*ina!
investigation is nder"ay. 9nfortnate!y the district rationa!iLed its fai!re to do so becase it insisted it
sho!d "ait nti! the cri*ina! investigation ended.
Withot having the ans"ers to the <estions "e provided 0"hich yo for"arded to the investigator3, "e
"o!dnOt 6no" ho" to begin participating in the investigation.
We again reiterate that it is the districtOs responsibi!ity to ans"er the <estions "e as6ed rather than
passing the* on to the investigator "ho is not positioned to ans"er <estions of po!icy. #ch e(a*p!es
inc!de the districtOs discip!inary po!icies for stdents "ho have Nconsensa! se(N on a fie!d trip, "hether
the parents are notified, "hy "asnOt or daghter discip!ined if the district be!ieves the assai!antOs story
that she engaged in Nconsensa! se(,N <estions of safety, etc. We strong!y obMect that or <estions
"ere sent to the investigator "hen the district co!d address or <estions no". 4et"een the %enera!
&onse! 0"ho spea6s for the district3 and the investigator, *ost, if not a!!, of the <estions "e as6ed
co!d be ans"ered. Why hasnOt this occrredQ We "rote *onths ago ho" the district has contina!!y
ignored <estions concerning or daghterOs edcation, safety, "e!fare, and accontabi!ity fo!!o"ing the
assa!t. We are o"ed a pro*pt e(p!anation to these <estions.
,n addition to these ans"ers, "e again re<est that yo provide s "ith a!! the po!iciesK*ateria!s
srronding the )ov. 2012 fie!d trip. .s "e stated, the district 6no"s abot these po!iciesK*ateria!s bt
the parents cannot identifyKaccess the*. ,n other "ords, ho" can re<est *ateria!s that are n6no"n
to sQ 8herefore "e as6 that yo provide s a!! additiona! *ateria!s re!ating to chaperoning, ris6
disc!osre, discip!ine, se(a! harass*ent, po!icy revisions o"ing to po!icy fai!res, etc. We have a!ready
noted certain o*issions regarding the *ateria!s "hich yo directed sho!d be sent.
We have not inc!ded &o!!een &ar!son on this co**nication.

#incere!y,
and

parent parent
>3

May 10, 2013
Mr. 'ng!ish,
We note that the #eatt!e #choo! $istrict %ide!ines for 7ie!d 8rip &haperones states-
#tdent behavior is yor responsibi!ity. #choo! r!es re!ated to stdent behavior app!y. %o over
r!es and standards of behavior, safety r!es, and any site specific r!es "ith stdents. 'nsre
that stdents do not get invo!ved in any e(tra activities not pre?approved by ad*inistrators and
parents.
We e(pect that the investigator yo retained "i!! as6 the chaperones "hy they did not co*p!y "ith
these and other gide!ines. We e(pect that he "i!! obtain an accrate pictre concerning the events
that a!!o"ed n*eros chi!dren, not Mst the fe" yo *entioned, to go into each otherCs cabins
nspervised for t"o consective days and nights.
We e(p!ained to yo in ear!ier correspondence that is crrent!y ad*itted to an ot?of?state
residentia! treat*ent progra* de to the tra*a she contines to e(perience in the after*ath of the
rape. Or pri*ary concern is to ensre her co*p!ete recovery. 8herefore "e *st cons!t "ith her
therapists and others to deter*ine the proper ti*ing of any frther intervie"s in "hich she "o!d be
as6ed to revisit the detai!s of this !ife?scarring incident.
Regarding access to *edica! records and other doc*ents yo re<est, "e are bond to respect
the privacy !a"s governing disse*ination of these doc*ents. We are see6ing gidance regarding the
i*p!ications of disc!osing confidentia! *ateria! to others "ho *ight indiscri*inate!y distribte the*
frther. 5!ease a!so note that "e are otside the )orth"est for an e(tended period and are crrent!y
nab!e to access doc*ents "e have in or #eatt!e ho*e.
We nderstand that yo can sb*it pb!ic record re<ests direct!y to the !a" enforce*ent agencies.
#incere!y
and
student 1
student 1
parent parent
>>

May 10, 2013
Mr.
, have for"arded the e*ai! be!o" to Mr. Kaiser for his se. Regarding intervie"ing yor daghter, ,
nderstand yor concerns abot ptting her hea!th first. ,n the *eanti*e, Mr. Kaiser "i!! proceed. ,f
she beco*es avai!ab!e !et s 6no".
We have contacted the !a" enforce*ent agencies invo!ved 074, and 9# .ttorney3, and they have
indicated "e "i!! not be receiving any doc*ents.

Ron 'ng!ish
%enera! &onse!
parent
>:

May 1>, 2013
Ms.
8he investigation yo have re<ested is nder "ay. , have previos!y indicated that the investigator has
been given discretion to condct the investigation in a *anner that he dee*s best. We do not agree
"ith yor assertion that the $istrict fai!ed to condct a re<ired investigation.
We a!so do not agree "ith yor assertion that if se( occrred this proves the chaperones so*eho"
fai!ed to perfor* their dties. 8hat depends on the specific circ*stances. )or do "e be!ieve it is
appropriate to co**ent on "hether yor daghter sho!d be discip!ined for her condct, prior to the
present investigation being co*p!eted. %iven that she is not crrent!y enro!!ed at any schoo! at the
$istrict, , dobt that "o!d be appropriate in any case.
With respect to yor re<est for additiona! doc*ents, , have as6ed 5b!ic Records Officer &o!!een
&ar!son to confir* that she has sent yo a!! doc*ents re!ated to chaperone po!icies for overnight trips
and the other *ateria! yo previos!y re<ested. #he "i!! do so direct!y to yo.
Ror genera!iLed re<est for a!! infor*ation re!ating to discip!ine and se(a! harass*ent is not specific
enogh for the $istrict to co*pi!e a response, so p!ease c!arify "hat additiona! *ateria!s yo are
specifica!!y see6ing. 8here are sbstantia! *ateria!s on the $istrict "ebsite on both sbMects, "hich *ay
*eet yor re<est, or he!p yo to c!arify yor re<est for any additiona! doc*ents or po!icies yo are
see6ing. #o*e !in6s to the $istrictOs "ebsite are-
.!so there is the #tdentOs Rights W Responsibi!ities, "hich spe!!s ot the code of condct, discip!ine, and
de process. 8hatOs avai!ab!e at this !in6-
http-KK""".seatt!eschoo!s.orgK*od!esKgropsKho*epagefi!esKc*sK1:8313@K7i!eK$epart*enta!U20&o
ntentKgenera!U20conse!K#RR?'ng!ish.pdfQsessionidV+:db:c@f+01a1b+2f0@8B@02eeB8>3e0
5rohibition of Harass*ent, ,nti*idation and 4!!ying ? 5o!icy 320+-
http-KKdistrict.seatt!eschoo!s.orgK*od!esKgropsKho*epagefi!esKc*sK1:8313@K7i!eK5o!iciesK4oardKseri
es3000K320+.pdfQsessionidV+:db:c@f+01a1b+2f0@8B@02eeB8>3e0
5rohibition of Harass*ent, ,nti*idation W 4!!ying ? #tdents ? #pt. 5roc. 320+#5..-
es3000K320+#5...pdfQsessionidV+:db:c@f+01a1b+2f0@8B@02eeB8>3e0
#e(a! Harass*ent ? 5o!icy 3208-
es3000K3208.pdfQsessionidV+:db:c@f+01a1b+2f0@8B@02eeB8>3e0

parent
>@

#e(a! Harass*ent ? #pt. 5roc. 3208#5-
es3000K3208#5Tsig.pdfQsessionidV+:db:c@f+01a1b+2f0@8B@02eeB8>3e0
5!ease "or6 "ith Ms. &ar!son to refine yor re<est.
Ron 'ng!ish
%enera! &onse!
>+

May 1@, 2013
Mr. 'ng!ish and #perintendent 4anda,

We sent a for*a! !etter of co*p!aint 0dated March 18, 20133 after or <estions regarding the
)ove*ber 2012 se(a! assa!t of or daghter, "ere not ans"ered by %arfie!d High
#choo!. .s "e indicated in correspondence, becase "e didnOt receive a satisfactory ans"er, "e
appea!ed to #perintendent 4anda, and absent a response, "e contined or appea! to the schoo! board
and O#5,.

$oes the #eatt!e #choo! district be!ieve it has provided an officia! response to or co*p!aintQ

#incere!y,

and

student 1
parent parent
>8

May 1+, 2013
Mr. 'ng!ish,
1. Ro "rote on May 1>th that se(a! activity on a fie!d trip doesnOt prove that the chaperones fai!ed to
do their dty- NWe a!so do not agree "ith yor assertion that if se( occrred this proves the chaperones
so*eho" fai!ed to perfor* their dties. 8hat depends on the specific circ*stances.N
Ho" can this beQ )either se(a! activity nor se(a! harass*entKassa!t are per*itted on fie!d trips. .
chaperoneCs dty is to protect or chi!dren "ho are deve!op*enta!!y in need of spervision. #ince "hen
is any se(a! activity a!!o"ed on a fie!d trip "hen it is the chaperonesC responsibi!ity to prevent har*f!
activityQ 9nder "hat circ*stances co!d se(a! activity occr that "o!d e(cse the chaperones fro*
responsibi!ityQ 5!ease te!! s "hich 1specific circ*stances2 "o!d re!ieve the chaperone of hisKher
responsibi!ity.
.nd "ho decides "hich specific circ*stances "o!d re!ieve a chaperone of responsibi!ityQ
Ro have "ritten that yo spea6 on beha!f of the $istrict, the #perintendent, and the #choo! 4oard. $o
they concr "ith this be!ief, and if so, do yo decide "hen se(a! activity *ay occr "ithot the
chaperone being neg!igentQ
2. 5!ease note the definition of #e(a! .ssa!t in the #eatt!e #choo!s &ode of 5rohibited &ondct
'?21: #e(a! .ssa!t
#e(a! assa!t inc!des n"anted toching or grabbing of se(a! parts, indecent e(posre, sing
force to engage in intercorse, ora! se(, or other se(a! contact, c pantsing behavior by other
than e!e*entary?age stdents, engaging in intercorse or ora! se( "hether or not the other
person c!ear!y refses or does not have the *enta! or physica! abi!ity to consent. #e(a! assa!t
does not inc!de incidenta! toching n!ess it is f!agrant, prposef!, or repeated.
,n addition to or daghter reporting the rape, the assai!ant ad*itted to se(a! activity that fa!!s nder
'?21: of prohibited condct. We 6no" he confessed to the principa! pon retrning fro* the trip. Mr.
Ho"ard to!d s so before he denied saying so the ne(t day, and the par6s depart*ent report verifies
that the assai!ant ad*itted this to the principa!. We 6no" that or daghter sb*itted a rape 6it at the
hospita!.
Ho" can the district contine to deny that or daghter "as assa!ted and that its chaperoning "as
inade<ateQ #e(a! activity is never per*itted on schoo! trips, Mr. 'ng!ish. 5!ease e(p!ain "hy yo thin6
it co!d occr nder 1specific circ*stances2 "ithot the chaperones fai!ing to pho!d hisKher dty to
protect or chi!dren. 5!ease e(p!ain "hat 1specific circ*stances2 those "o!d be. 5!ease e(p!ain "ho
decides "hether 1specific circ*stances2 e(cses a chaperone fro* fai!ing to prevent se(a!
activityKharass*entKassa!t on a fie!d trip. 5!ease te!! s "hether the district and schoo! board 0for
>B

"ho* yo spea6, yo say3 concr "ith yor state*ents that se(a! activity *ay occr "ithot indicating
neg!igent chaperoning???in !ight of po!icies that prohibit it on fie!d trips as "e!! as po!icy '?21:. 5!ease
e(p!ain "hy the district be!ieves that se(a! assa!t didnCt occr in !ight of the definition aboveQ
parent parent
:0

May 20, 2013
Ms.
We received yor March 18 !etter on March 22, 2013. 8he !a" enforce*ent athorities as6ed that "e
not intervie" "itnesses nti! they co*p!eted their investigation. 8here "as no need to ta6e any
additiona! action at that ti*e, since yor daghter has not retrned to either %arfie!d or the other
schoo! "e offered for her to attend.
.s yo 6no", "e do not have any sort of a report fro* the !a" enforce*ent athorities, and "ere not
notified that they had co*p!eted their investigation. Ro did not infor* s of that fact nti! yor March
18 !etter. , i**ediate!y contacted both the 74, and 9# 5ar6s #ervice as "e!! as the .ttorney %enera!Os
office, bt they refsed to provide s "ith any records. We have fi!ed a pb!ic records re<est for their
report, bt anticipate they "i!! refse to provide or "i!! heavi!y redact anything they have. Ro have
refsed to a!!o" s to intervie" yor daghter, and have not provided s "ith any of the doc*ents
yo possess.
, provided a sbstantive response by e*ai! on .pri! 1@, 2013, detai!ing a!! of the facts "e had at that
ti*e. .t yor re<est, "e are no" condcting an additiona! independent investigation of the facts, and
"i!! provide yo "ith the res!ts of that investigation "hen it is co*p!ete. Ro have *ade pb!ic
records re<ests for doc*ents, and "e have responded to those re<ests.
We have advised yo of yor daghterOs rights to re<est acco**odations and yo have stated none
are re<ired. We have notified yo of the procedre for asserting a financia! c!ai* against the district,
and yo have not sb*itted anything.
We anticipate Mr. Kaiser "i!! co*p!ete his "or6 in the near ftre. When Mr. Kaiser has sb*itted his
"ritten report, "e "i!! have the #perintendent to revie" it and "e "i!! notify yo of his conc!sions, as
"e!! as provide yo a copy of the report.
,n yor e*ai! to *e of May 1+, yo as6ed severa! <estions abot the ro!es of chaperones and "hether
se(a! intercorse co!d occr if the chaperones "ere perfor*ing their dties. , reiterate *y state*ent
of May 1>- it depends on the circ*stances. , "i!! not spec!ate. %iven that Mr. Kaiser is revie"ing the
facts of "hat happened, , "i!! "ait nti! he is finished.
Ron 'ng!ish
%enera! &onse!

parent
:2
May 21, 2013
Mr. 'ng!ish,
Regarding yor e*ai! of May 20
th
0nb *y !ast na*e is 3-
Ro "rote- 1We received yor March 18 !etter on March 22, 2013. 8he !a" enforce*ent athorities
as6ed that "e not intervie" "itnesses nti! they co*p!eted their investigation. 8here "as no need to
ta6e any additiona! action at that ti*e, since yor daghter has not retrned to either %arfie!d or the
other schoo! "e offered for her to attend.2
1. 8it!e ,A says that an investigation *st proceed regard!ess of any cri*ina! investigation nder"ay.
8his is a federa! re<ire*ent.
&ontrary to 8it!e ,A re<ire*ents, yo "rote s on .pri! :, .pri! 1@ and May 20 that the district po!icy is
to "ait nti! a cri*ina! investigation is co*p!eted before nderta6ing an investigation. WhyQ 8it!e ,A
ne<ivoca!!y states that an investigation is not to be de!ayed by any cri*ina! investigation nder"ay-
N5o!ice investigations *ay be sef! for fact?gatheringJ bt becase the standards for cri*ina!
investigations are different, po!ice investigations or reports are not deter*inative of "hether se(a!
harass*ent or vio!ence vio!ates 8it!e ,A. &ondct *ay constitte n!a"f! se(a! harass*ent nder 8it!e
,A even if the po!ice do not have sfficient evidence of a cri*ina! vio!ation. ,n addition, a cri*ina!
investigation into a!!egations of se(a! vio!ence does not re!ieve the schoo! of its dty nder 8it!e ,A to
reso!ve co*p!aints pro*pt!y and e<itab!y.N
N#choo!s sho!d not "ait for the conc!sion of a cri*ina! investigation or cri*ina! proceeding to begin
their o"n 8it!e ,A investigation and, if needed, *st ta6e i**ediate steps to protect the stdent in the
edcationa! setting. 7or e(a*p!e, a schoo! sho!d not de!ay condcting its o"n investigation or ta6ing
steps to protect the co*p!ainant becase it "ants to see "hether the a!!eged perpetrator "i!! be fond
gi!ty of a cri*e.N
Moreover, "hy didnCt the 8it!e ,A officia! reach ot to s as re<ired by !a"Q
We be!ieved that the district sta!!ed and ignored or <estions abot accontabi!ity to circ*vent
responsibi!ity for its fai!ed chaperoning po!icies, hoping the 1prob!e*2 "o!d evaporate over ti*e.
2.N8here "as no need to ta6e any additiona! action at that ti*e,N yo "rote. Why notQ 7irst, "hether
or not or daghter "as at %arfie!d or any other schoo! does not e(cse the district fro* its
responsibi!ity to condct a pro*pt and e<itab!e investigation.
#econd, and contrary to "hat yo "rote, there *ost certain!y "as need to condct an investigation.
Or daghter "as a sccessf! stdent and "as Q Had Mr.
Ho"ard infor*ed s that of the sanctions i*posed pon the assai!ant as "e re<ested on )ove*ber 8
and as re<ired by 8it!e ,A, or daghter co!d eventa!!y have retrned to %arfie!d. Had the schoo!
parent
:3

ta6en note of the assai!antOs se!f?incri*inating re*ar6s that *et the districtCs standard for se(a!
assa!t- '?21: *ade to the investigators, principa!, and teachers, he co!d have been transferred.
,nstead, absent the re<ired action on the part of the principa! to infor* her of the sanctions i*posed,
or daghter co!d not retrn for fear of reta!iation and frther harass*ent. 8o assert that there "as
no need to ta6e actions that "o!d have a!!o"ed or daghter to retrn to %arfie!d is gross!y incorrectG

3. .s yo 6no", the investigators co*p!eted their "itness intervie"s at %arfie!d in )ove*ber, Mst a fe"
"ee6s after the assa!t. 8his "as obvios since the investigators ceased co*ing to the schoo!. 8here
"as no reason to desist fro* the re<ired investigation for five *onths 0nti! yo re!ied pon s to
infor* yo that the investigation ended *onths ear!ier3. Whi!e those intervie"s "ere ta6ing p!ace and
sbse<ent!y, yo "ere free to obtain infor*ation fro* n*eros sorces,
Had the district condcted a proper and ti*e!y investigation, yoOd have had the infor*ation yo !ac6ed
in ear!y correspondence 0e.g. .pri! +3 regarding chaperone responsibi!ity, the correct n*ber of
chaperones and participants, and other basic facts 6no"n since !ast )ove*ber. 'ven to this day, "e
sti!! havenCt been given basic teacher?co*p!eted p!anning and parent infor*ationa! for*s the teachers
spp!ied and "o!d be in the fi!e had a proper investigation occrred.
>. 8he ons "as pon the district to condct a pro*pt and e<itab!e investigation and infor* s of the
res!ts. ,nstead yo say yo re!ied on others, inc!ding the 74, and the parents of the victi* to infor*
yo "hen the investigation ended. #ince "hen does the 74, notify a!! parties in an investigation that it
has co*p!eted its intervie"s and reportQ
:. Rather than beginning pro*pt!y, yo "rote on .pri! + that yo "o!d initiate an investigation five
*onths after the assa!t. On .pri! 1@th yo provided a fe" tidbits of infor*ation that "as 6no"n since
)ove*ber. Ro re!ied on the teacherCs observations of a fe" intervie"s, yo "rote, rather than direct!y
intervie"ing the stdents and assai!ant. 8his scant infor*ation is an nfortnate co**entary on the
1sbstantive investigation2 yo c!ai* the district condcted. Ho" does re!aying a fe" co**ents fro* a
teacher five *onths after the assa!t constittes a pro*pt and e<itab!e investigationQ Why does the
district re!y on sch second hand testi*onyQ Ho" does the districtCs po!icy of intervie"ing stdents si(
*onths after the assa!t assre for accrate infor*ation after stdents have processed it a*ongst
the*se!vesQ
7or these and other reasons, "e do not agree that the district f!fi!!ed its 8it!e ,A ob!igation to or
daghter. Moreover, yo have fai!ed to address or repeated <estions of safety and reta!iation that
co!d ense as the investigation is re6ind!ed. We nderstand these are a!so 8it!e ,A <estions that
deserve a pro*pt response. Why havenCt yo addressed 8it!e ,A responsibi!itiesQ )ot once have the
"ords 18it!e ,A2 been *entioned to s by the schoo! or the district.

Ro "rote- 1.s yo 6no", "e do not have any sort of a report fro* the !a" enforce*ent athorities,
and "ere not notified that they had co*p!eted their investigation.2
:>

1. What bearing does this have on yor responsibi!ity to condct an investigationQ Why did yo e(pect
the 74, to notify yo or vo!nteer a reportQ #re!y as an attorney yo 6no" ho" these *atters
progress. Ho" did "e find ot the investigation "as finished, Mr. 'ng!ishQ 4y ta6ing the initiative to
as6.
,f the schoo! district "ere tr!y invested in f!fi!!ing its stattory responsibi!ity, it "o!d have in<ired
after it sa" the par6s depart*ent co*p!ete the intervie"s on ca*ps in )ove*ber. 4t yo te!! s yo
did not in<ire. Why didnOt the district ta6e initiative to f!fi!! its ob!igation instead of re!ying on the
victi*Os parents to esca!ate a co*p!aintQ )ot once over the *onths did the district offer s any tangib!e
assrance that they "ere attending to or <estions responsib!y. Mr. Ho"ard pro*ised s ans"ers in
"riting that never *ateria!iLed.

Ro "rote- 1Ro did not infor* s of that fact nti! yor March 18 !etter. , i**ediate!y contacted both
the 74, and 9# 5ar6s #ervice as "e!! as the .ttorney %enera!Os office, bt they refsed to provide s "ith
any records. We have fi!ed a pb!ic records re<est for their report, bt anticipate they "i!! refse to
provide or "i!! heavi!y redact anything they have. Ro have refsed to a!!o" s to intervie" yor
daghter, and have not provided s "ith any of the doc*ents yo possess.2
1. ,t "as never or responsibi!ity to infor* the district that the investigation ended. We e(pected that
the district "o!d be vita!!y interested in fo!!o"ing p on this case of assa!t. )or did the district have to
"ait *onths to !earn fro* the victi*Cs fa*i!y that it had ended. Had "e not "ritten on March 1:, yo
"o!d sti!! be "aiting to hear fro* the 74,. Ro on!y acted 1i**ediate!y2 five *onths after the assa!t
"hen ob!iged to o"ing to or co*p!aint.

2. .s stated previos!y, "e have not 1refsed to a!!o"2 yo to intervie" or daghter. We have
e(p!ained repeated!y that she is in treat*ent fro* the tra*a of rape and the therapists have "arned
s abot re?tra*atiLing her. ,s it fair to sbMect her to a re!apseQ $o yo 6no" anything abot the
insidios natre of rapeQ 7or e(a*p!e, the *ention of the assai!antOs first na*e is a tre*endos trigger.
Mr. 'ng!ish, "hy "o!d yo "ant to sbMect her to this "hen she has a!ready sffered so *chQ Ro
have a*p!e sorces of infor*ation avai!ab!e to e(p!ain "hy a se(a! assa!t "as a!!o"ed to occr.

3. Or Mob is not to provide yo "ith infor*ation. We 6no" "hat happened. Ror Mob is to e(p!ain "hy
chaperoning "as so !a( that both boys and gir!s entered each otherCs cabins day and night. Ror Mob is to
find or "hy the assai!ant raped or daghter. He a!ready to!d the teachers, Mr. Ho"ard, and the
investigators "hat he did. 4y his o"n ad*ission, he *et the standards for se(a! assa!t. Have yo not
read the statte '?21:Q

>. We a!ready e(p!ained to yo that the doc*ents "e possess are privacy protected and re<ire
:@

assai!ant. 8hat "as the first acco**odation that "o!d have a!!o"ed her the option of going bac6 to
schoo!. We as6ed &aro! Rsi*ovic for acco**odations appropriate to a rape victi* and she ceased
co**nicating "ith s. We as6ed
. 8he ti*e to assist or daghter "as *onths
ago. 8o assert that yo have he!ped s in yor March correspondence is yet another atte*pt to appear
responsib!e !ong after the da*age "as done.

Ro "rote- 1We have notified yo of the procedre for asserting a financia! c!ai* against the district,
and yo have not sb*itted anything.2
1. We a!ready pointed ot that the district sent s a for* for *edica!Kaccidenta! inMry. 8his for* is
irre!evant to inMry. 8he district has a!so to!d s it ass*es no responsibi!ity for the da*ages she
sstained, so 6ind!y infor* s "hy a for* for accidenta! inMry is of any va!e.
Ro "rote- 1We anticipate Mr. Kaiser "i!! co*p!ete his "or6 in the near ftre. When Mr. Kaiser has
sb*itted his "ritten report, "e "i!! have the #perintendent to revie" it and "e "i!! notify yo of his
conc!sions, as "e!! as provide yo a copy of the report.2

1. 5!ease note that "e as6ed to have the a!! infor*ation fro* this investigation and for the opportnity
to raise <estions that the investigator *ay not have considered.

Ro "rote- 1,n yor e*ai! to *e of May 1+, yo as6ed severa! <estions abot the ro!es of chaperones
and "hether se(a! intercorse co!d occr if the chaperones "ere perfor*ing their dties. , reiterate
*y state*ent of May 1>- it depends on the circ*stances. , "i!! not spec!ate. %iven that Mr. Kaiser is
revie"ing the facts of "hat happened, , "i!! "ait nti! he is finished.2

1. #e(a! contact, toching se(a! organs ora! se(, se(a! harass*ent, se(a! intercorse, sodo*y,
se(a! harass*ent, se(a! assa!t, etc. are prohibited on schoo! fie!d trips as defined in '?21:.
'?21: #e(a! .ssa!t
#e(a! assa!t inc!des n"anted toching or grabbing of se(a! parts, indecent e(posre, sing
force to engage in intercorse, ora! se(, or other se(a! contact, c pantsing behavior by other
than e!e*entary?age stdents, engaging in intercorse or ora! se( "hether or not the other
person c!ear!y refses or does not have the *enta! or physica! abi!ity to consent. #e(a! assa!t
does not inc!de incidenta! toching n!ess it is f!agrant, prposef!, or repeated.
student 1
FERPA
:+

$o #perintendent 4anda and the #choo! 4oard agree that sch activities can occr nder certain
circ*stancesQ Who "i!! decide if it is per*issib!eQ Who *ay have se(Q ,f se( on schoo! trips is
per*issib!e nder certain circ*stances, then the schoo! board "i!! have to re?"rite and pb!iciLe its
po!icies. ,t "o!d be interesting to hear pb!ic opinion on this <estion, and to 6no" "hether the
#perintendent and #choo! 4oard $irector 0for "ho* yo say yo spea63 concr that se(a! assa!t,
sodo*y, and other '?21: vio!ations co!d e(ist concrrent!y "ith appropriate chaperoning. 5arents "i!!
ndobted!y be interested in sch nove! po!icies.
&haperoning e(ists to protect or chi!dren fro* prohibited behaviors. 8here is no circ*stance that co!d
ever Mstify se(a! assa!t on a fie!dtrip
Regarding yor !etter of May 1>.
Regarding <estion of discip!ine yo "rote- N)or do "e be!ieve it is appropriate to co**ent on "hether
yor daghter sho!d be discip!ined for her condct, prior to the present investigation being
co*p!eted.N
Ro stated that the district condcted the re<ired investigation. )o" yo state yo *st rep!y on a
second investigation 0"hich yo say "as nderta6en on!y to satisfy s3 to deter*ine "hether or
daghter *ight be discip!ined. 8he district has had si( *onths to deter*ine "hether or daghter had
Nconsensa! se(N on this fie!d trip. Why "erenOt "e infor*ed as a res!t of yor prior NfindingsN that she
sho!d be discip!ined !i6e the assai!ant "as si( *onths agoQ 8he assai!ant received an i**ediate
e*ergency e(c!sion and he ad*itted to the investigators, the principa!, and others that he 1had se(2
on the trip. ,f %arfie!d has proof that or daghter had 1consensa! se(2 on this fie!dtrip, then she
sho!d have been discip!ined at the sa*e ti*e as the assai!ant "as.
Ro "rote that the !ac6 of discip!ine as irre!evant at this point since doesnCt attend a #eatt!e
#choo!. #ince "hen does a schoo! district fai! to discip!ine a stdent and *a6e note of it on the
transcript becase the stdent "ithdra"s fro* schoo! a fe" *onths !aterQ 8his begs the <estions- ho"
*any other instances of discip!ine have fai!ed to reach stdent records, partic!ar!y stdents on the
)ove*ber fie!dtripQ Why "erenCt n*eros stdents discip!ined for being otside their roo*sQ Ho"
*any discip!inary actions "erenCt enforced or recorded on stdentsC recordsQ Has the assai!antCs prior
discip!inary record been c!eansedQ
4ecase the district never ad*itted that had or co!d have been raped, it *st have conc!ded
that she had Nconsensa! se(.N WasnOt it the districtOs responsibi!ity to pro*pt!y *ete ot re<ired
discip!ine to the assai!ant and to or daghter if they fe!t she had consensa! se(Q
.t the sa*e ti*e it appears the district never be!ieved she had consensa! se(, becase "e "erenOt
infor*ed of her transgression. ,n addition, the district "rote

student 1
student 1
FERPA
:8

Ho" do yo e(p!ain these contradictions, Mr. 'ng!ishQ

&!ear!y the preponderance of evidence de*onstrates that or daghterPta6en to the hospita! for
se(a! assa!t by the teacher fo!!o"ing the rape, treated by
??*st have been se(a!!y assa!ted. 8he schoo!
ac6no"!edged this "hen it fai!ed to pnish her for Nconsensa! se(N and "rote
Why did the schoo! ignore the preponderance of evidenceQ Why did it
fai! to e(tend her a!! 8it!e ,A rights and servicesQ
N8hs, in order for a schoo!Cs grievance procedres to be consistent "ith 8it!e ,A standards, the schoo!
*st se a preponderance of the evidence standard 0i.e., it is *ore !i6e!y than not that se(a!
harass*ent or vio!ence occrred3. 8he 1c!ear and convincing2 standard 0i.e., it is high!y probab!e or
reasonab!y certain that the se(a! harass*ent or vio!ence occrred3, crrent!y sed by so*e schoo!s, is
a higher standard of proof. %rievance procedres that se this higher standard are inconsistent "ith the
standard of proof estab!ished for vio!ations of the civi! rights !a"s, and are ths not e<itab!e nder 8it!e
,A. 8herefore, preponderance of the evidence is the appropriate standard for investigating a!!egations of
se(a! harass*ent or vio!ence.N
1,n addition, schoo!s sho!d ensre that co*p!ainants are a"are of their 8it!e ,A rights and any avai!ab!e
resorces, sch as conse!ing, hea!th, and *enta! hea!th services, and their right to fi!e a co*p!aint "ith
!oca! !a" enforce*ent.2
)o schoo! officia! ever offered an e(p!anation of 8it!e ,A rights. Why notQ On!y "hen "e esca!ated or
co*p!aint did O#5, *a6e it 6no"n that or daghter "as protected nder 8it!e ,A.
=ast!y, "e repeated!y as6ed the district abot reta!iation and safety i**ediate!y after the assa!t and
*ore recent!y "ith the ne" investigation. Or <eries "ere not ans"ered. Mr. Ho"ard instrcted s in
"riting on )ov. B, 2012 to co**nicate "ith the par6s depart*ent investigators yet they had no
Mrisdiction over schoo! safety. We note that yo recent!y sent or concerns abot reta!iation on to the
investigator. What abi!ity does a private investigator have to address concerns abot reta!iationQ We
have heard nothing fro* hi* regarding or concerns. We be!ieve the fai!re to address this i*portant
isse constittes another vio!ation of 8it!e ,A.
#incere!y,

parent
RCW 42.56.360(2)
FERPA
:B

May 21, 2013
Mr. and Ms.
, have previos!y responded to a!! of the points yo have raised. , provided the $istrictCs response to
yor !atest <estion yesterday, by e*ai!. 8he $istrict has nothing *ore to say on the sbMect nti! the
investigation is co*p!ete.
8he on!y e(ception is yor re<est, first *ade in todayCs e*ai! be!o", as6ing for a different c!ai* for*
for yo to sb*it. We do not have sch a for*. , sggest yo sb*it a signed state*ent of the basis for
yor c!ai*, the a*onts soght, and a!! spporting doc*entation as to both entit!e*ent and a*ont.
Ro *ay do so at any ti*e.
Other"ise, , agree "ith Mr. that there is no need to pro!ong this correspondence nti! "e receive
the investigatorCs report, and the #perintendentCs decision based on that report.

Ron 'ng!ish
%enera! &onse!
parent
parent
parent
@0

May 21, 2013
Mr. 'ng!ish,

.re "e correct in conc!ding that yor May 20 e*ai! constittes the officia! response to or
co*p!aintKappea!Q

4ecase yo "rote that yo spea6 on beha!f of the #choo! 4oard, does yor May 20 a!so constitte the
#choo! 4oardOs officia! response to or co*p!aintKappea!Q

5!ease confir* pro*pt!y "hether yor May 20 e*ai! constittes the schoo! district and schoo! boardOs
officia! response.

and parent parent
@1

#bMect- officia! response to co*p!aintKfie!d trip doc*ents inco*p!ete
$ate- 8h, 23 May 2013 1+-1>-2+ ?0+00
7ro*- ]
Rep!y?8o- ]
8o- 'ng!ish, Ron ]reng!ish^seatt!eschoo!s.org_
&&- 4anda, /ose = ]M!banda^seatt!eschoo!s.org_, &a!andra.#echrist^612."a.s
]&a!andra.#echrist^612."a.s_, Ho"ard ,,, 8heodore ]trho"ard^seatt!eschoo!s.org_, #*ith?
4!*, Kay ]6sb!*^seatt!eschoo!s.org_, ]

Mr. 'ng!ish,

We ac6no"!edge that neither yo nor Ms. #*ith?4!* 0copied3 have confir*ed "hether yor
correspondence constittes an officia! response to or co*p!aintKappea!.

We ac6no"!edged that the re*aining fie!d trip p!anning for*s 0co*p!eted by the teachers, not
b!an63 and parent infor*ationa! sheets "hich yo directed Ms. &ar!son to send have not been sent to
s.

parent
parent
parent
parent
parent
parent parent
parent
@2

May 23, 2013
Ms. and Mr.
, have a!ready sent yo n*eros e*ai!s. 8he $istrict has nothing frther to add at this ti*e.
Ron 'ng!ish

%enera! &onse!

parent parent
@3

7ro*- D
#ent- 7riday, /ne 1>, 2013 1-0+ 5M
8o- &arr, #herry =
&c- 5eas!ee, #haron $J Martin?Morris, Hari*J $e4e!!, Michae!J Mc=aren, MarthaJ 5at, 4ettyJ #*ith?
4!*, KayJ 4anda, /ose =J 'ng!ish, Ron
#bMect- se(a! activity on schoo! fie!d trips
$ear #choo! 4oard and #perintendent,
May "e conc!de that the #choo! 4oard and #perintendent "i!! not provide an independent ans"er to
or <estions concerning Mr. 'ng!ishOs state*ents abot se(a! activity on fie!d tripsQ
9n!ess other"ise infor*ed, "e "o!d have to conc!de that the #choo! 4oard and #perintendent
concr "ith Mr. 'ng!ishOs state*ents 0be!o"3 abot se(a! activity on fie!d trips.
Mr. 'ng!ishOs state*ent that se(a! activity can occr in the conte(t of appropriate chaperoning vio!ates,
in or vie", or chi!drenOs right to an edcation free of se(a! harass*ent and assa!t. 5!ease note that
"e intend to share this correspondence "ith the 9nited #tates Office of &ivi! Rights "hich is eva!ating
or co*p!aint as "e!! as O#5,.
#incere!y,

and

#bMect- R'- se(a! activity on schoo! fie!d trips
$ate- #n, 1@ /n 2013 03-3+-22 \0000
7ro*- 'ng!ish, Ron ]reng!ish^seatt!eschoo!s.org_
8o- ] N&arr, #herry =N ]s!carr^seatt!eschoo!s.org_
]
parent
parent
parent
parent
parent
parent
parent
parent
parent
@>

Ms.
On beha!f of the $istrict, , "i!! rep!y that *y previos correspondence spea6s for itse!f. )either
chaperones nor the $istrict can garantee that incidents "i!! not occr, even "ith the best of efforts.
)or does the fact that an incident occrs prove that the chaperones "ere at fa!t or that the $sitrict is
!iab!e.
,f yo "ish to *a6e a c!ai* against the $istrict, "e repeat or invitation for yo to sb*it a "ritten
c!ai*, setting for the basis for recovery, and the *onetary re!ief yo see6.
, "i!! not atte*pt to e!aborate frther at this ti*e, e(cept to state that yor Nconc!sionsN are yor o"n,
"hich "e do not share. We "i!! provide yo a copy of the investigative report "hen it is co*p!eted.
Ron 'ng!ish

%enera! &onse!
parent
@:

#bMect- Re- se(a! activity on schoo! fie!d trips
$ate- Mon, 1+ /n 2013 11-12->B ?0+00
7ro*- ]
Rep!y?8o- ]
&&- ] N&arr, #herry =N ]s!carr^seatt!eschoo!s.org_,
N5eas!ee, #haron $N ]sdpeas!ee^seatt!eschoo!s.org_, NMartin?Morris, Hari*N
]h**orris^seatt!eschoo!s.org_, N$e4e!!, Michae!N ]*idebe!!^seatt!eschoo!s.org_, NMc=aren, MarthaN
]*!*c!aren^seatt!eschoo!s.org_, N5at, 4ettyN ]bpat^seatt!eschoo!s.org_, N#*ith?4!*, KayN
]6sb!*^seatt!eschoo!s.org_, N4anda, /ose =N ]M!banda^seatt!eschoo!s.org_
Mr. 'ng!ish,
We again re*ind yo that the district is !ega!!y ob!igated to provide its stdents "ith an environ*ent
free fro* se(a! vio!ence both on ca*ps and e(tra?crric!ar activities, inc!ding schoo!?sponsored
fie!d trips. 8he district fai!ed to do so on the )ove*ber fie!d trip dring "hich or daghter "as se(a!!y
assa!ted. We have repeated!y as6ed ho" this "as a!!o"ed to happen. We have not received an ans"er
after *ore than si( *onths. 8he reason is that despite its *otto of Neveryone accontab!eN the schoo!
district be!ieves that it is not accontab!e to anyone in this *atter. ,nstead of accontabi!ity, it is on!y
concerned "ith its !iabi!ity.
We find re*ar6ab!e yor c!ai* that this se(a! assa!t NincidentN occrred as a res!t of ade<ate ad!t
spervision. Wo!d yo e(p!ain "hat constittes ade<ate ad!t spervision in this case, bearing in *ind
that 2+ teenagers s!ept in adMacent n!oc6ed cabinsQ 5!ease e(p!ain "hy yo be!ieve the ad!t
spervision "as ade<ate on this trip and "hy yo be!ieve it "as e(csab!e for the chaperones to a!!o"
conditions for se(a! assa!t to occr. 5arents in the #eatt!e #choo! $istrict, "ho* the schoo! board
represents, "o!d not agree to send their chi!dren on fie!d trips 6no"ing that their chi!dren co!d be
se(a!!y assa!ted, and if a se(a! assa!t "ere a!!o"ed to occr, that the district "o!d deny any
responsibi!ity.
5erhaps yo can a!so e(p!ain "hy the district has refsed to ree(a*ine and revise its chaperone po!icies
in !ight of this Nincident.N ,s it becase the district p!aces its o"n potentia! !iabi!ity ahead of the safety of
the stdents nder its careQ We be!ieve this "o!d be a topic of interest to a!! district parents and one
that sho!d be broght before the schoo! board at its ne(t pb!ic *eeting.
and
parent parent
parent
parent
parent
parent
parent
parent
@@

#bMect- R'- se(a! activity on schoo! fie!d trips
$ate- 8e, 18 /n 2013 1B-30-02 \0000
8o- ]
]6sb!*^seatt!eschoo!s.org_, N4anda, /ose =N ]M!banda^seatt!eschoo!s.org_
Mr. and Ms
.s , have previos!y stated, the $istrict is condcting the investigation yo re<ested, into the
circ*stances of the fie!d trip. We "i!! provide yo a copy. 9nti! the investigation is co*p!ete, , have
nothing *ore to offer.
Ron 'ng!ish

%enera! &onse!

parent parent
parent
parent parent
parent
@+

$ate- #at, 22 /n 2013 22-20-0> ?0+00
7ro*- ]
Rep!y?8o- ]
8o- &arr, #herry = ]s!carr^seatt!eschoo!s.org_
] 'ng!ish, Ron ]reng!ish^seatt!eschoo!s.org_, Ho"ard ,,, 8heodore
&a!andra.#echrist^612."a.s ]&a!andra.#echrist^612."a.s_
8he #eatt!e #choo! 4oard-
We "rote of or intentions to infor* yo abot po!icies i*p!e*ented by the #eatt!e #choo! $istrict
"hich contradict 8it!e ,A reg!ations. 8he fo!!o"ing !etter to the 8it!e ,A coordinator, 5a! .post!e,
s**ariLes or co*p!aint.
Mr. 'ng!ish, %enera! &onse!, has "ritten that he spea6s on beha!f of the #perintendent. 8herefore "e
can conc!de that Mr. 4anda, !i6e Mr. 'ng!ish, a!so be!ieves that 8it!e ,A re<ire*ents 0sch as the
stattory ob!igation to condct an investigation into a se(a! assa!t concrrent!y "ith a cri*ina!
investigation3 can be ignored. &onsider ho" Mr. 'ng!ish has "ritten s that it is the districtOs procedre
to "ait nti! a cri*ina! investigation is over before nderta6ing its o"n investigation, a direct
contradiction of 8it!e ,A reg!ations. Or e*ai! to the 8it!e ,A coordinator, Mr. .post!e, describes ho"
the schoo! district ignored severa! 8it!e ,A reg!ations. 7or this reason O#5, advised s to fi!e a co*p!aint
"ith the 9# Office of &ivi! Rights 0O&R3.
,n his !ast e*ai! in "hich yo "ere copied, Mr. 'ng!ish "rote that he "as condcting the investigation
"e re<ested. &!ear!y he has ad*itted that it "as necessary for the victi*Os parents to re<est the very
investigation "hich the district sho!d have initiated !ast )ove*ber according to 8it!e ,A reg!ations.

#incere!y,

and
parent
parent
parent
parent
parent
parent
parent
parent
@8

#bMect- R'- 8it!e ,A reg!ations ignored
$ate- #n, 23 /n 2013 1@->@-03 \0000
8o- ] N&arr, #herry =N ]s!carr^seatt!eschoo!s.org_
] Ho"ard ,,, 8heodore ]trho"ard^seatt!eschoo!s.org_, &oogan, )ancy '
]necoogan^seatt!eschoo!s.org_, &a!andra.#echrist^612."a.s ]&a!andra.#echrist^612."a.s_
Ms
Ro sent s a !etter on March 22, as6ing s to respond to yor co*p!aints. We ersponded "ith the
infor*ation "e had on .pri! 1@. Ro as6ed s to condct a frther in<iry, and "e are doing so.
Ror e*ai! to Mr. .post!e provides ne" infor*ation 0at !east to *e, yo have have to!d the investigator
a!ready3. , a* for"arding yor e*ai! to the investigator to *a6e sre he is a"are of this ne"
infor*ation.
.s , have previos!y "ritten, "e disagree "ith yor characteriLations of 8it!e ,A re<ire*ents, $istrict
procedres, etc. 8he second investigation report "i!! be co*p!ete short!y and "e "i!! provide yo a
copy.
Ron 'ng!ish
%enera! &onse!
parent parent
parent
parent
parent
@B

$ate- Mon, 2> /n 2013 10-0@-1+ ?0+00
7ro*- ]
Rep!y?8o- ]
8o- 'ng!ish, Ron ]reng!ish^seatt!eschoo!s.org_, 4anda, /ose = ]M!banda^seatt!eschoo!s.org_
&&- &arr, #herry = ]s!carr^seatt!eschoo!s.org_, 5eas!ee, #haron $ ]sdpeas!ee^seatt!eschoo!s.org_,
Martin?Morris, Hari* ]h**orris^seatt!eschoo!s.org_, $e4e!!, Michae!
]*idebe!!^seatt!eschoo!s.org_, Mc=aren, Martha ]*!*c!aren^seatt!eschoo!s.org_, 5at, 4etty
]bpat^seatt!eschoo!s.org_, #*ith?4!*, Kay ]6sb!*^seatt!eschoo!s.org_,
]necoogan^seatt!eschoo!s.org_, &a!andra.#echrist^612."a.s ]&a!andra.#echrist^612."a.s_,
.post!e, 5a! . ]paapost!e^seatt!eschoo!s.org_
Mr. 'ng!ish, Mr, 4anda, #choo! 4oard, and Others-
8he facts spea6 for the*se!ves. .fter or daghter reported the rapeKsodo*y on )ove*ber +, 2012,
not a sing!e person fro* the schoo! district ad*inistration, inc!ding the 8it!e ,A coordinator,
ac6no"!edged that she "as assa!ted. Mr. Ho"ard pro*ised s ans"ers that never *ateria!iLed. We
trned to O#5,. 8hey infor*ed s of the *any procedres that sho!d have been i*p!e*ented,
inc!ding an i**ediate investigation independent of a cri*ina! investigation. &ontrary to this 8it!e ,A
reg!ation, yo "rote that the districtOs po!icy is to "ait nti! a cri*ina! investigation is co*p!eted.
,t appears that the district 6no"s very !itt!e abot 8it!e ,A. )o one ans"ers or <estions. Mr. .post!e
for"arded or in<iry to yo, bt after a *onth no one addresses or <estions abot 8it!e ,A
procedres. 8he crrent investigation has no bearing on the <estions "e as6ed abot procedres that
sho!d have been i*p!e*ented "hen the assa!t "as reported in )ove*ber. When "i!! yo ans"er or
<estions abot 8it!e ,A if Mr. .post!e "onOtQ
Ro refer to a Nsecond investigation report.N Where is the sbstantive and e<itab!e report fro* yor
NfirstN investigationQ Ro "rote to s severa! ti*es that the schoo! district did not condct an
investigation of its o"n becase a cri*ina! investigation "as ta6ing p!ace. ,nstead, the science teacher
observed a cop!e of intervie"s condcted by the 74, in )ove*ber. Ro then send s an e*ai! in .pri!
"ith a fe" second?hand facts 6no"n to s since !ast )ove*ber. 8his does not constitte an independent
investigation re<ired by federa! reg!ations. 7rther*ore, it "as the districtOs responsibi!ity to
vo!ntari!y nderta6e an investigation and provide infor*ation rather than "aiting for the victi*Os
fa*i!y to pro*pt yo to f!fi!! yor ob!igations nder 8it!e ,A. ,nstead of acting pro*pt!y and e<itab!y,
the district did nothing, ignored or <estions, and hoped this prob!e* of se(a! assa!t by a pop!ar
parent
parent
parent
parent
parent
parent
+0

"o!d go a"ay. Mr. 'ng!ish, if yor daghter "ere raped and sodo*iLed, if the district
fai!ed to ac6no"!edge that inMry and provide *andatory services, if it "ere necessary to esca!ate a
co*p!aint in the absence of an e(p!anation, if no one he!d the district accontab!e, , dobt that yo
"o!d re*ain si!ent. 8oo *any stdents stand to sffer "hen the districtOs chaperones !itera!!y fa!!
as!eep on the Mob.
Kind!y infor* s of the Nne" infor*ationN or e*ai! contained. 'verything "e *entioned has been
co**on 6no"!edge since )ov. 2012. 9nfortnate!y *y hsband and , "ere not invited to participate in
the investigation by Mr. Kaiser. Ro *ay "e reca!! that "e "rote a !ist of or <estions regarding the
investigation "hich yo for"arded to Mr. Kaiser. We as6ed to participate bt "ere not invited.
8his co**nication "i!! be inc!ded in or co*p!aint to O&R 0Office of &ivi! Rights3.

#incere!y,

and parent parent
identifier
+1

$ate- Mon, 2> /n 2013 21-:8-1: \0000
8o- ] N4anda, /ose =N ]M!banda^seatt!eschoo!s.org_
]bpat^seatt!eschoo!s.org_, #*ith?4!*, Kay ]6sb!*^seatt!eschoo!s.org_,
.post!e, 5a! . ]paapost!e^seatt!eschoo!s.org_
Ms.
We "i!! provide yo a copy of the report "hen it is co*p!eted. Ro are free at any ti*e to fi!e a c!ai*
for da*ages against the $istrict, or to fi!e a co*p!aint "ith O&R, or ta6e other action as yo dee*
appropriate.
, have nothing *ore to offer at this ti*e.
Ron 'ng!ish
parent parent
parent
parent
parent
+2

#bMect- districtOs non?response to tit!e ,A in<iries
$ate- Mon, 2> /n 2013 21-3:-10 ?0+00
7ro*- ]
Rep!y?8o- ]
&&- 4anda, /ose = ]M!banda^seatt!eschoo!s.org_, &arr, #herry = ]s!carr^seatt!eschoo!s.org_,
5eas!ee, #haron $ ]sdpeas!ee^seatt!eschoo!s.org_, Martin?Morris, Hari*
]6sb!*^seatt!eschoo!s.org_, ] Ho"ard ,,, 8heodore
&a!andra.#echrist^612."a.s ]&a!andra.#echrist^612."a.s_, .post!e, 5a! .
]paapost!e^seatt!eschoo!s.org_
$ear .!!,
8his confir*s that the #eatt!e #choo! $istrict is n"i!!ing to address or n*eros in<iries abot or
daghterOs rights nder 8it!e ,A. 8he schoo! districtOs be!ated investigation *entioned be!o" does not
e(cse it fro* e(tending or daghter 8it!e ,A rights "hen a se(a! assa!t is reported.
and

parent
parent
parent
parent
parent
parent
parent
parent
+3

#bMect- R'- districtOs non?response to tit!e ,A in<iries
$ate- 8e, 2: /n 2013 23-:+-08 \0000
8o- ]
&&- 4anda, /ose = ]M!banda^seatt!eschoo!s.org_, &arr, #herry = ]s!carr^seatt!eschoo!s.org_,
]6sb!*^seatt!eschoo!s.org_, ] Ho"ard ,,, 8heodore
&a!andra.#echrist^612."a.s ]&a!andra.#echrist^612."a.s_, .post!e, 5a! .
]paapost!e^seatt!eschoo!s.org_
Ms.
.s , have previos!y indicated-
,f yo have a re<est to *a6e for services, p!ease pt in "riting "hat yo "ant.
,f yo "ant *onetary recovery, p!ease pt it in "riting, !isting the a*ont and basis.
, a* nab!e to he!p yo n!ess yo do this.
Ron 'ng!ish
parent parent
parent
parent
parent
+>

#bMect- O#5, re #perintendentOsKdistrictOs non?response to 8it!e ,A in<iriesKaccontabi!ity
$ate- Wed, 2@ /n 2013 1B-03-1B ?0+00
7ro*- ]
Rep!y?8o- ]
8o- 4anda, /ose = ]M!banda^seatt!eschoo!s.org_, &arr, #herry = ]s!carr^seatt!eschoo!s.org_,
]*!*c!aren^seatt!eschoo!s.org_, #*ith?4!*, Kay ]6sb!*^seatt!eschoo!s.org_
&&- .post!e, 5a! . ]paapost!e^seatt!eschoo!s.org_, 5at, 4etty ]bpat^seatt!eschoo!s.org_,
'ng!ish, Ron ]reng!ish^seatt!eschoo!s.org_
8o 8he #eatt!e #choo! 4oard-
5!ease find co**ents fro* O#5, be!o". ,n their "ords, #perintendent 4anda did not fo!!o" the
prescribed co*p!aint path"ay and fai!ed to provide the re<ired infor*ation fo!!o"ing or co*p!aint.
Wi!! yo ho!d hi* accontab!eQ
5!ease note that O#5, directed s to "rite Mr. 'ng!ish for an officia! response to or co*p!aint.
.!thogh "e co*p!ied by "riting t"ice, Mr. 'ng!ish refsed to te!! s si*p!y NyesN or NnoN ??"hen as6ed
"hether he provided an officia! response. He on!y "rote that he sent s a n*ber of e*ai!s bt
"o!dnOt ans"er this si*p!e <estion "ith a yes or no. Why doesnOt the #choo! 4oard re<ire its
apparent representative, Mr. 'ng!ish, to ans"er correspondence O#5, said sho!d occrQ
O#5, referred s to Mr. .post!e. When "e as6ed Mr. .post!e abot 8it!e ,A, he "o!dnOt address or
<estions. He for"arded or e*ai! to Mr. 'ng!ish "ho "rote that he had Nnothing *ore to offer.N
More than "hatQ He offered nothing in response to or 8it!e ,A <estions. Why does the #choo! 4oard
a!!o" its representative and the district to ignore or <estions abot its 8it!e ,A ob!igationsQ
8he #choo! 4oard *st be a"are that Mr. 'ng!ish has ignored 8it!e ,A to sit the districtOs o"n agenda.
5!ease note the statte O#5, provided concerning the schoo!Os responsibi!ity to condct its o"n
investigation concrrent!y "ith a cri*ina! investigation. Mr. 'ng!ish repeated!y "rote that the districtOs
po!icy is to "ait nti! a cri*ina! investigation is over. 8hen he c!ai*ed that he didnOt 6no" "hen the
cri*ina! investigation ended. WhyQ 4ecase the district hoped that by ignoring this devastating assa!t
"e "o!d be th"arted in or atte*pts to see6 accontabi!ity and Mstice. Ro sho!d rea!iLe that the
*ore the district fai!s to perfor*, the *ore "e "i!! ho!d it accontab!e. )o fa*i!y sho!d have to endre
the night*are that "e have !ived throgh for the !ast + *onths after sending their chi!d on a N!ife?
a!teringN edcationa! e(perience, according to those "ho engineered this disastros fi!ed trip. N=ife
parent
parent
parent
parent
parent
parent
+:

scarring.N What responsibi!ity "i!! each one of yo ta6e as or e!ected representatives besides passing
or correspondence on to Mr. 'ng!ishQ
Mr. 'ng!ish invites s to sb*it a tort c!ai* "ithot ever addressing the districtOs fai!re to provide its
stdents "ith an environ*ent that is safe fro* se(a! vio!ence. .s "e have stated repeated!y, this is not
Mst an isse concerning or fa*i!y. ,t is a co**nity safety isse. When parents send their chi!dren on
schoo! fie!d trips, they e(pect ade<ate ad!t spervision so that their chi!dren are safe fro* se(a!
vio!ence. We have a!ready heard of one parent "ho, after !earning "hat happened to or daghter,
said that she "o!d not send her daghter on a #eatt!e pb!ic schoo! fie!d trip. What "i!! happen "hen
other parents hear of or fa*i!yOs e(perienceQ Wi!! they as6 "hy #perintendent 4anda did not order an
i**ediate, thorogh eva!ation of the districtOs chaperone po!iciesQ Wi!! they as6 "hy, after !earning
abot "hat happened to or daghter, the schoo! board trned a deaf ear and did abso!te!y nothing to
ho!d the district accontab!e for a co**nity safety isseQ What "i!! yo say "hen parents as6 "hy the
schoo! board did abso!te!y nothing "hen the district fai!ed to abide by its o"n 8it!e ,A grievance
procedres, th"arting or atte*pts to !earn e(act!y "hy or daghter "as a!!o"ed to be se(a!!y
assa!ted on a fie!d tripQ .re yo prepared to respond to parents "ho raise these <estionsQ
7ro* the non?response of the #choo! 4oard, it see*s that no one cares enogh abot accontabi!ity to
the co**nity to ta6e a stand. ,nstead yo trn or <estions over to the very individa! "ho
rationa!iLes the districtOs fai!re to i*p!e*ent prescribed po!icies, the individa! "ho creates ne"
po!icies to cover !iabi!ity for the districtOs fai!re to perfor* appropriate!y, the individa! "ho does not
ans"er or <estions. Why does the schoo! board do thisQ
#incere!y,
and

parent parent
+@

7ro*- D*ai!to
#ent- 8esday, /!y 02, 2013 10-1> 5M
8o- 'ng!ish, Ron
&c- &arr, #herry =J 5eas!ee, #haron $J Martin?Morris, Hari*J $e4e!!, Michae!J Mc=aren, MarthaJ 5at,
4ettyJ #*ith?4!*, KayJ 4anda, /ose =J Ho"ard ,,, 8heodoreJ &oogan, )ancy 'J
&a!andra.#echrist^612."a.sJ Orh6^ric66aiser.co*O
Mr. 'ng!ish,
We as6ed yo, as the se!f?described spo6esperson for the district, #perintendent 4anda, and #choo!
4oard, "hy the district did not i*p!e*ent *andatory 8it!e ,A procedres after or daghter reported a
se(a! assa!t in )ove*ber. We a!so as6ed "hy the 8it!e ,A coordinator 0Mr. .post!e3 "o!d not ans"er
or <estions. .fter a!!, 8it!e ,A is a federa! progra* that *st be i*p!e*ented as a condition of
receiving federa! fnding.
We a!so as6ed #perintendent 4anda and the #choo! 4oard "hy Mr. 4anda did not fo!!o" the prescribed
co*p!aint path"ay. We inc!ded the stattes O#5, provided verifying this re<ire*ent. 8he district "as
a"are of a reported se(a! assa!t the sa*e day it occrred. ,n cases of reported se(a! assa!t, there
are procedres that *st be fo!!o"ed nder 8it!e ,A reg!ations. 8he district fai!ed to co*p!y "ith those
reg!ations. We have as6ed yo "hy this happened. Ro have not provided an ans"er.
Ro "rote s that yo "i!! respond once the investigation report is avai!ab!e. We have seen a draft of
that report. ,t does not ans"er the <estions regarding 8it!e ,A, the #perintendentOs fai!re to provide
the re<ired response, a*ong *any other <estions.
Ro "rite that "e sho!d prse other re*edies. Why does the district refse to ans"er these basic
<estions that any responsib!e fa*i!y "o!d "ant addressedQ Why does the district fai! to fo!!o" the
prescribed co*p!aint procedres, and "hy does the district refse to address <estions pertaining to
8it!e ,AQ Why does the schoo! board fai! to ho!d anyone accontab!eQ
#incere!y,

and
parent parent
parent parent
parent
++

$ate- Wed, 3 /! 2013 23-01->@ \0000
8o- ]
]bpat^seatt!eschoo!s.org_, #*ith?4!*, Kay ]6sb!*^seatt!eschoo!s.org_, 4anda, /ose =
]M!banda^seatt!eschoo!s.org_, ] Ho"ard ,,, 8heodore
&a!andra.#echrist^612."a.s ]&a!andra.#echrist^612."a.s_, Orh6^ric66aiser.co*O
]rh6^ric66aiser.co*_
Ms.
My nderstanding is the investigatorCs report is c!ose to being fina!iLed. Once that occrs, it "i!! be
provided to #perintendent 4anda for a decision, "hich yo *ay appea! to the #choo! 4oard if yo are
dissatisfied.
With respect to yor other concerns e(pressed be!o", , be!ieve a brief recap of the facts in order.
,**ediate!y pon yor daghter *a6ing her a!!egations, the schoo! staff responded by contacting
*edica! and cri*ina! athorities. Ro "ere a!so contacted. #taff observed the initia! intervie"s of yor
daghter and other stdents. 8he *a!e stdent invo!ved asserted that the se( "as consensa!.
)onethe!ess, he "as e(c!ded fro* schoo!, "hich "o!d have per*itted yor daghter to i**ediate!y
retrn to schoo! if she chose.
,n the fo!!o"ing *onths, at yor re<est "e prepared acco**odations for yor daghter, in the for* of

We have repeated!y as6ed yo to
identify any additiona! acco**odations she *ay need, bt yo have not re<ested any.
,**ediate!y pon receiving yor "ritten co*p!aint on March 22, 2013, "e revie"ed the facts as
directed by app!icab!e reg!ations. We as6ed both yo and the federa! athorities to provide any
records that *ight address "hat happened. )either yo nor the federa! athorities have provided s
"ith any of these re<ested records.
We responded to yor co*p!aint "ithin 30 days, on .pri! 1@, 2013, infor*ing yo of or findings,
inc!ding the fact that yor daghterCs story changed for* one intervie" to another. Ro as6ed for
parent parent
parent
parent
parent
FERPA
+8

additiona! investigative "or6, inc!ding intervie"s of the other stdents. We hired an investigator and
he has intervie"ed the other stdents, as "e!! as other individa!s identified in his draft report. He
as6ed to intervie" yor daghter, and yo dec!ined that re<est, as "e!! as his re<est for doc*ents.
He has prepared a draft report, based on the evidence he "as ab!e to obtain, and yo have seen the
draft report.
,n the conte(t of the above facts "e do not agree that there are 1*andatory 8it!e ,A procedres2 that
the $istrict did not i*p!e*ent. 8o the contrary, the $istrict too6 pro*pt steps to address the sitation
and prevent a reoccrrence. ,t is nfortnate that it has ta6en this !ong for the !atest investigator to
prepare a "ritten report, bt "e do not be!ieve this had any effect on the res!ts of the investigation or,
*ore i*portant!y, on the care and "e!!?being of yor daghter.
, hope yo "i!! pro*pt!y provide any additiona! infor*ation yo have to the investigator, so that he *ay
conc!de his investigation. We anticipate that #perintendent 4anda "i!! isse his decision short!y after
receiving the fina! report.
.gain, if yo desire any acco**odations or "ant to fi!e a c!ai* for *oney da*ages, p!ease sb*it a
"ritten de*and to *y office on the c!ai* for* "e previos!y provided to yo. ,f yor daghter "ishes
to retrn to #eatt!e #choo!s, !et *e 6no" and , "i!! *a6e sre that yo receive infor*ation on ho" to
acco*p!ish this.
Ron 'ng!ish

%enera! &onse!
+B

?????? Origina! Message ????????
#bMect- %arfie!d 7ie!d 8rip
$ate- #at, @ /! 2013 23->1-28 \0000
8o- ]
Ms.
8han6 yo for yor e*ai!. , hope the re!ocation of yor daghter "ent "e!!. #ince Mr. KaiserOs re<est
to revie" the report "as *ade on /ne 2B, , hope yo have no" had ti*e to revie" it.
On March 22, 2013 "e received yor "ritten co*p!aint asserting that yor daghter had been raped
dring a %arfie!d fie!d trip on )ove*ber @?+, 2012. We responded on .pri! 1@, "ith a report of the
invfor*ation "e had been ab!e to gather at that ti*e. 8his report did not have any infor*ation fro*
yor daghter, nor did it have any records of heh investigation condcted by the federa! athorities, in
part becase yo dec!ined or re<est to have yor daghter intervie"ed and becase yo dec!ined to
*a6e any doc*ents avai!ab!e to s. 7or e(a*p!e, yo refer be!o" to a par6s depart*ent report of a
confession by an nidetinfied assai!ant. We do not have a copy of any sch doc*ent and re<est that
yo provide it to s.
,n .pri! yo re<ested that "e condct a frther investigation. We retained Ric6 Kaiser to serve as an
independent investigator, to deter*ine "hat happened to yor daghter that night. His report is
attached.
Ror e*ai! be!o" co*p!ains that the report did not address a!! of the isses yo have raised. 8hat "as
not the prpose of the report. ,ts focs "as !i*ited to deter*ining "hat happened to yor daghter on
the fie!d trip, and did not inc!de a genera! revie" of sch isses as chaperoning po!icies or prior
discip!ine of stdents. 7rther, it "as never intended that yo sho!d direct the condct of the
investigation.
5!ease revie" the report and provide any additiona! infor*ation yo have, so that "e *ay sb*it it to
the #perintendent for his decision on yor co*p!aint. 8he report notes that Mr. Kaiser sti!! "as nab!e
parent parent
parent
parent
parent
80

to intervie" yor daghter and that yo sti!! have not provided any records for his revie". We rene"
those re<ests.
,f yo have any additiona! infor*ation to provide, p!ease do so by Wednesday, /!y 10.

8han6 yo,

Ron 'ng!ish
%enera! &onse!

81

#bMect- Rep!y to genera! conse! e*ai! of /!y @
$ate- #n, 0+ /! 2013 22-33-3: ?0+00
7ro*- ]
Rep!y?8o- ]
Mr. 'ng!ish,
Ro have *issed the focs of or /!y :, 2013 e*ai!. We stated that "e are nab!e to participate in a
revie" Mst no" becase of fa*i!y de*ands. On /ne :th, 2013 "e notified yo and Mr. Kaiser that "e
"o!d not be avai!ab!e to revie" this report nti! !ate /!yKear!y .gst. 8hat is "hy "e strong!y
obMected in or !ast e*ai! to receiving this report e(act!y at the ti*e "hen "e stated "e "o!d be
navai!ab!e. 8he report sho!d have been provided *onths ago. 8it!e ,A states "hen a se(a! assa!t is
reported, "hich it "as on )ove*ber +th, the district *st condct a pro*pt investigation concrrent!y
"ith the cri*ina! investigation. 'ven thogh "e infor*ed yo of or navai!abi!ity, yo are as6ing s to
revie" Mr. KaiserCs report by /!y 10th, Mst as "e are *oving a considerab!e distance "ith or daghter.
We go on record for saying this is ine<itab!e.
)o, Mr. 'ng!ish, the district did not first !earn or daghter had been raped in March as yo "rote
be!o". Or daghter reported the rape to the teachers the *orning it occrred, )ove*ber +, 2012. #he
"as ta6en to the hospita! the sa*e *orning. Mr. Ho"ard received e*ai!s fro* s as6ing for he!p and an
e(p!anation. We sent n*eros e*ai!s to persons in the district regarding the assa!t. 8he district
When "e "ere sti!!
hopef! that she co!d be acco**odated in the district, she received

Kno"ing this !ong history, "e canOt find any !egiti*ate e(p!anation for yor c!ai*s. WeOve sad!y
conc!ded that yo contine to NrefashionN infor*ation "ithot regard to the facts "e have presented
repeated!y.
parent
parent
parent
parent
parent
parent
FERPA
FERPA
82

Ro contine to fa!t s becase "e havenOt handed over the )ationa! 5ar6 #ervice investigation report
or Na!!o"edN to participate. We have e(p!ained that "e can do neither.
We obtained the 5ar6 #ervice report throgh a 7O,. re<est. 8he 5ar6 #ervice dec!ined to provide yo
"ith the report. Ro are as6ing s to give yo a copy of a report that the 5ar6 #ervice dec!ined to give
yo. We cannot do this. Ro a!so contine to as6 for or daghterOs *edica! records, even thogh "e
have repeated!y to!d yo that "e cannot !ega!!y give yo her records "ithot her consent. Why do yo
as6 s ti*e and again to circ*vent the !a" and then contine to assert that "e are so*eho"
co*pro*ising yor investigative "or6Q
Ror repetition of this re<est can on!y be seen as atte*pting to disparage or fa*i!yOs "i!!ingness to be
of he!p. On the contrary, "hen the investigator as6ed for or inpt on the investigation, "e provided a
!ong !ist of concerns, topics, and infor*ation that co!d have been ta6en p. 8he !ist "as ignored. ,t is
disingenos to prport that "e are co*pro*ising yor investigation by not handing over doc*ents.
On the contrary, it spea6s poor!y of the district "hen it contines to as6 s for ite*s "e are nab!e to
!ega!!y provide.
We have a!so e(p!ained ti*e and again that is in treat*ent in another state and her therapists do
not reco**end her being intervie"ed yet. ,t is one thing to intervie" the assai!ant, "ho *ade the
decision to rape and sodo*iLe or daghter. He does not re!ive a scene of horror and v!nerabi!ity. He is
absorbed in trying to e(onerate hi*se!f. ,t is <ite another to intervie" or daghter, "ho "o!d have
to re!ive the assa!t "hen describing it. 8his isnOt abot a bro6en !eg or Nconsensa! se(.N
8he fo!!o"ing infor*ation sho!d be inc!ded in Mr. KaiserCs report to *a6e it *ore e<itab!e and
accrate-
1. 8he parents of #tdent 1 have "ritten n*eros ti*es to the schoo! district and associated entities
that the assai!ant 0#tdent F23 to!d 5ar6 #ervice investigators that he engaged in behavior "ith #tdent
1 that corresponds "ith section '?21: of the districtCs codes of prohibited behavior. His state*ent
appears in the 5ar6 #ervice investigatorCs s**ary report. ,n this s**ary, the assai!ant reconted that
or daghter repeated!y to!d hi* to stop bt he raped and sodo*iLed her any"ay.
2. 8he parents of #tdent 1 infor*ed the district that they cannot spp!y a copy of the 5ar6 #ervice
report, obtained throgh a 7O,. re<est, becase the 5ar6 #ervice dec!ined to provide this sa*e report
direct!y to the district.
3. 8he parents of #tdent 1 infor*ed the district that the victi*Os *edica! records are privacy?protected
and cannot be re!eased "ithot their daghterCs per*ission.
>. 8he parents of #tdent 1 disagree "ith state*ents and behaviors attribted to #tdent 1 by the
assai!ant 0#tdent 23 a*ong other state*ents in the report.
Ro "rite that the focs of the report "as to e(p!ain "hat happened to or daghter. We 6no" "hat
happened to her. #he to!d s. We never as6ed the district to e(p!ain to s "hat happened to her. Ro
student 1
student 1
83

have "ritten repeated!y that N"e are providing the investigation yo re<ested.N ,f so, then yo sho!d
address the <estion that has a!"ays been fore*ost in or correspondence- ho" "as it that a se(a!
assa!t co!d occr on a #eatt!e 5b!ic #choo!s fie!d tripQ ,t is critica! to find ot "hy this assa!t
occrred so that sch neg!igent chaperoning can be rectified and other stdents and the fa*i!ies co!d
be spared !ife?scarring tra*a.
8here is a distrbing distortion in yor /!y @ e*ai!. 8here has never been an Nnidentified assai!ant.N
Ro 6no" f!! "e!! "e have been discssing stdent F2. We have *entioned n*eros ti*es in
correspondence that he confessed to Mr. Ho"ard on )ov. +th at the conc!sion of the fie!d trip to
having Nconsensa! se(N. #cores of e*ai!s have discssed ho" this assai!ant reported engaging in
behavior that corresponds to '?21: of the schoo!Os codes of prohibited behavior. We have copied yo on
this correspondence. Ro yorse!f infor*ed s he "as given an e*ergency e(c!sion. .nd no" yo say
he is an Nnidentified assai!antQN
7ro* the inception of this assa!t, the district has been concerned "ith one thing- !iabi!ity. 8hat is "hy
yo have on!y grdging!y agreed to condct a be!ated investigation. .fter the investigation is over, yo
te!! s that it "as never abot ans"ering the one <estion "e have as6ed since the very beginning.

#incere!y,

and parent parent
8>

/!y 8, 2013
Mr. 'ng!ish,
We disagree "ith yor recita! of facts in yor /!y 3 *essage.
#taff observed the initia! intervie"s of yor daghter and other stdents. 8he *a!e stdent invo!ved
asserted that the se( "as consensa!. )onethe!ess, he "as e(c!ded fro* schoo!, "hich "o!d have
per*itted yor daghter to i**ediate!y retrn to schoo! if she chose.
,f yo c!ai* that schoo! district staff observed the 74, intervie"s of or daghter, "e can *ost assred!y
te!! yo that is fa!se. We too6 or daghter to those intervie"s. 8here "ere no schoo! district staff
present. .ccording to the infor*ation "e have seen, a teacher "as present at on!y one stdent
intervie" condcted by the 74,. 8he teacher "as not present at the 74, intervie" "ith the assai!ant.
1)onethe!ess,2 yo "rite 1he "as e(c!ded fro* schoo!.2 What do yo *ean by 1nonethe!essQ2
.ccording to the discip!inary codes, a!! stdents *st be discip!ined for engaging in se( at schoo! or on a
schoo! sponsored fie!d trip.
8he districtCs investigator, Mr. Kaiser, reported that the assai!ant "as previos!y discip!ined for 1!e"d
condct2 in 2010 after having se(a! intercorse at Midd!e #choo!. He received an e*ergency
e(c!sion 0designated for dangeros persons andKor se(a! assa!t3 and a short ter* sspension. .fter
assa!ting or daghter in )ove*ber 2012, the perpetrator "as e*ergency e(c!dedKshort ter*
sspended for a second ti*e, again for 1!e"d condct.2 .stonishing!y, the district did not even adhere
to its o"n discip!inary code for pnishing a second offense of !e"d condct. He sho!d have received a
!ongIter* sspension. Why "asnCt the assai!ant discip!ined according to the districtCs codeQ
)ot on!y "as the assai!ant inappropriate!y discip!ined, he "as on!y charged "ith !e"d condct even
thogh he ad*itted in )ove*ber to actions that *et the standard for se(a! assa!t 0'? 21:3. )o one
pro*pt!y probed frther into his confession and the infor*ation "e provided based on the )ationa!
5ar6 #ervice investigatorCs report. What "i!! the district do no" that the assai!ant reaffir*ed his assa!t
by te!!ing Mr. Kaiser he sodo*iLed or daghter for 10 *intes after she to!d hi* to stopQ
&onsidering that the assa!t of or daghter "as !abe!ed 1!e"d condct,2 isnCt is possib!e that the
assai!antCs previos offenses of 1!e"d condct2 "ere a!so se(a! assa!tQ Ho" *any ti*es has the
assai!ant co**itted se(a! assa!tQ ,n the event the assa!t of or daghter "as at !east his second
se(a! assa!t, he sho!d have received even steeper conse<ences. Why didnCt the district i**ediate!y
investigate or daghterCs se(a! assa!tQ Had the district done so, the assai!ant "o!d have been
discip!ined for se(a! assa!t, not !e"d condct.
O"ing to the districtCs fai!re to i**ediate!y ac6no"!edge the assa!t and provide re<ired 8it!e ,A
services, "e can on!y conc!de that the district 1boght2 the assai!antCs story of consensa! se( "ithot
giving e<a! consideration to or daghterCs report of se(a! assa!t. 8his is astonishing since the district
6ne" of the assai!antCs discip!inary history.
8:

Why "erenCt "e infor*ed at the ti*e that the assai!ant "as e*ergency e(c!dedQ We on!y !earned he
"as e*ergency e(c!ded fro* schoo! "hen yo to!d s in .pri!. We sho!d have been to!d i**ediate!y,
at the ti*e he "as e(c!ded, as re<ired by 8it!e ,A. 8he principa! refsed to te!! s in )ove*ber of any
sanction app!ied to the assai!ant. ,f no one to!d s at the ti*e the assai!ant had been e(c!ded, ho"
co!d or daghter retrn to schoo! as yo said she co!d haveQ 8his "as the ti*e for the 8it!e ,A officer
and the safety depart*ent to faci!itate or daghterCs retrn to schoo!. )o one infor*ed s of these
services. .fter Mr. Ho"ard refsed to co**nicate "ith s abot these sanctions, he "rote that "e
sho!d address or concerns to the 5ar6 #erviceP"hich !ac6ed any Mrisdiction over the schoo!
environ*entG
,n the fo!!o"ing *onths, at yor re<est "e prepared acco**odations for yor daghter, in the for* of

We have repeated!y as6ed yo to
identify any additiona! acco**odations she *ay need, bt yo have not re<ested any.
We previos!y infor*ed yo abot *onths of frstrations "e e(perienced "hen atte*pting to obtain
acco**odations for or daghter after the assa!t. We detai!ed ho" "e received contradictory
infor*ation regarding

8he acco**odations yo refer to ca*e five *onths too !ate.

We a!so have detai!ed the districtCs inept hand!ing of or re<est to give or daghter

We responded to yor co*p!aint "ithin 30 days, on .pri! 1@, 2013, infor*ing yo of or findings,
inc!ding the fact that yor daghterCs story changed for* one intervie" to another. Ro as6ed for
additiona! investigative "or6, inc!ding intervie"s of the other stdents. We hired an investigator and
FERPA
FERPA
FERPA
FERPA
8@

he has intervie"ed the other stdents, as "e!! as other individa!s identified in his draft report. He as6ed
to intervie" yor daghter, and yo dec!ined that re<est, as "e!! as his re<est for doc*ents.
What "as the 1investigative "or62 that for*ed the basis of yor findings revea!ed in yor .pri! 1@
!etterQ 7irst yo te!! s that it is not the districtCs !ong?standing practice to nderta6e an independent
investigation concrrent!y "ith a cri*ina! investigation condcted by !a" enforce*ent. )o" yo te!! s
that the district did indeed carry ot 1investigative "or62 by having staff observe a fe" intervie"s
condcted by the athorities in )ove*ber, even thogh yo didnCt te!! s of yor 1findings2 nti! .pri!.
Which is it, Mr. 'ng!ishQ
8he 1additiona! investigative "or62 condcted by Mr. Kaiser sho!d have been done in )ove*ber.
,ndeed, the district "as ob!igated to carry ot a 1pro*pt and e<itab!e investigation2 "hen a se(a!
assa!t is reported, according to the federa! directives re!ated to 8it!e ,A. ,t "as not nti! "e esca!ated
or co*p!aint to O#5, and insisted on an independent investigation did the district 1after frther
discssion2 agree to f!fi!! its ob!igations si( *onths !ater.
,t "as becase "e insisted that the district co*p!y "ith federa! 8it!e ,A directives that "e no" have Mr.
KaiserCs report. ,n it "e !earn that the perpetrator has no" changed his story considerab!y fro* "hat he
to!d the 74, and attribtes fa!se state*ents to or daghter. We a!so find that other stdentsC acconts
of events to Mr. Kaiser do not *atch p "ith their origina! stories. Moreover, yor re*ar6s regarding
or daghter fai! to ac6no"!edge ho" tra*atiLed victi*s of se(a! assa!t re<ire ti*e to be ab!e to
recont the night*are of rape. Or daghter gave a f!! acconting of the assa!t.
Ro a!so fai! to *ention the reasons "hy "e dec!ined Mr. KaiserCs re<est to intervie" or daghter and
spp!y *edica! records and other doc*ents. .s "e have e(p!ained ti*e and again, or daghter is in
residentia! treat*ent o"ing to the after*ath of the assa!t. #he is not avai!ab!e for intervie"s, on advice
of her therapists. $o yo not consider that intervie"ing an assai!ant and a victi* are t"o separate
*attersQ 8he assai!ant chose to rape or daghter. Or daghter, on the other hand, "as tra*atiLed.
.s for the districtCs n*eros re<est for her persona! records, "e have to!d yo ti*e and again that "e
cannot spp!y privacy?protected doc*ents "ithot her consent. .re yo e(pecting s to circ*vent
the !a"Q
Ro *ention responding "ithin 30 days of or co*p!aint. 8he schoo! board sho!d be re*inded of the
facts. .bsent the re<ired officia! response to or co*p!aint "ith appea! directions fro* the
#perintendent, O#5, advised s to see6 an ac6no"!edge*ent of or co*p!aint. When it "as not
forthco*ing "e t"ice "rote as6ing yo to ans"er "ith a 1si*p!e yes or no2 "hether yo had provided
the officia! response. Ro "o!d not te!! s yes or no. We a!so provided yo and the schoo! board
correspondence fro* O#5, stating that Mr. 4anda fai!ed to provide the re<ired response "ith appea!
instrction. O#5, has been copied on the re!evant correspondence.
,n the conte(t of the above facts "e do not agree that there are 1*andatory 8it!e ,Aprocedres2 that the
$istrict did not i*p!e*ent. 8o the contrary, the $istrict too6 pro*pt steps to address the sitation and
prevent a reoccrrence.
8+

,n the conte(t of "hat facts, Mr. 'ng!ishQ Whenever a se(a! assa!t is reported, the district M9#8
i**ediate!y i*p!e*ent 8it!e ,A procedres.
8his is the first ti*e "e have heard that the district 1too6 pro*pt steps to address the sitation and
prevent a reoccrrence.2 '(act!y "hat "ere the 1pro*pt steps2 the district too6 to address the
sitationQ We havenCt seen any. What 1sitation2 did the district addressQ Ho" do those steps prevent
a reoccrrenceQ .nd a reoccrrence of "hat, e(act!yQ ,f yo indeed too6 these steps, "hy have yo not
reported the* to s as re<ired by 8it!e ,AQ
$o these 1pro*pt steps2 inc!de re*edying the neg!igent chaperoning that per*itted the se(a! assa!t
of or daghterQ $o these steps inc!de po!icy revisions that ta6e into accont stdents "ho have
previos!y been discip!ined for having se(a! intercorse at schoo!Q We !earned fro* Mr. KaiserCs report
that none of the teachers or chaperones "ere a"are of or had read the districtCs chaperone po!icies. We
read ho" the *a!e chaperone ad*itted to not being ab!e to contro! the boysC behavior. We !earned that
he "ore earp!gs and co!d not hear the co*ings and goings of stdents entering and !eaving the cabin
after crfe". We heard ho" *a!e and fe*a!e stdents te(ted each other for assignations after crfe".
We read of fe*a!e stdents 0not or daghter3 s!eeping in the boysC bedroo* nti! : .M. We heard
abot the fe*a!e chaperone not *onitoring "hether the gir!s retrned fro* their trips to the
bathroo*. We read abot a paranoid stdent on drgs hiding in the gir!sC cabin.
.ccording to 8it!e ,A, the district is re<ired to provide stdents "ith an environ*ent free fro* se(a!
discri*ination, inc!ding se(a! harass*ent and se(a! vio!ence. When or daghter reported a se(a!
assa!t, the district sho!d have i**ediate!y condcted its o"n investigation instead of c!ai*ing it *st
"ait nti! a cri*ina! investigation is conc!ded. WhyQ 8he focs of a cri*ina! investigation is entire!y
different fro* the schoo!Cs investigation of se(a! assa!t and that is "hy a different standard of
evidence is app!ied, as yo sho!d 6no". 8he focs of the districtCs investigation is to e(a*ine ho"
se(a! assa!t co!d occr, to revie" its po!icies, and to discip!ine the assai!ant appropriate!y, a*ong
other tas6s. ,t did not do so. 7ro* "hat yo "rote previos!y, it appears yo 1boght2 the assai!antCs
story of consensa! se( rather than affording or daghterCs report of assa!t e<a! consideration. Had
yo ta6en her report of assa!t serios!y, yo "o!d have investigated it as re<ired by 8it!e ,A. ,n or
vie", no one in the district 6ne" anything abot ho" 8it!e ,A app!ied in this case, inc!ding the 8it!e ,A
coordinator, Mr. .post!e. ,t "as not nti! "e esca!ated or co*p!aint to O#5,, did "e !earn of the
districtCs ob!igations nder 8it!e ,A. .pparent!y this "as a!so the first ti*e the district had heard of its
ob!igations.
Ro "i!! no dobt again disagree "ith or state*ents. 4t the facts spea6 for the*se!ves. 'very one of
the district ad*inistration staff and every schoo! board *e*ber sho!d be as6ing the*se!ves- What if
*y chi!d "ere se(a!!y assa!ted on a schoo! fie!d tripQ Wo!dnCt , "ant to 6no" "hy this "as a!!o"ed to
occrQ Wo!dnCt , de*and ans"ers and accontabi!ityQ Ho" "o!d , fee! if the district fai!ed to provide
those ans"ers and *ade e(cses becase it prioritiLes its !iabi!ity over *y chi!dCs safetyQ Ho" "o!d ,
fee! if the schoo! board 6ne" of the assa!t bt did abso!te!y nothing to ho!d the district accontab!e
for *y chi!dCs safety and the safety of a!! stdents on schoo! fie!d tripsQ
88

When the co**nity !earns of or fa*i!yCs devastating e(perience, "e be!ieve they "i!! be as6ing these
sa*e <estions. .re yo prepared to ans"er the* "ith f!! transparencyQ
#incere!y,

and parent parent
8B
#bMect- %.rfie!d .ssa!t &!ai*s
$ate- Mon, 8 /! 2013 21-1>-21 \0000
8o- ]
]6sb!*^seatt!eschoo!s.org_, N4anda, /ose =N ]M!banda^seatt!eschoo!s.org_, NHo"ard ,,, 8heodoreN
]trho"ard^seatt!eschoo!s.org_, N&a!andra.#echrist^612."a.sN ]&a!andra.#echrist^612."a.s_
Ms. and Mr.
8han6 yo for yor <ic6 responses.
,f yo need *ore ti*e to provide infor*ation, "e are happy to a!!o" yo to do so. 5!ease !et s 6no"
"hen yo are prepared to provide that infor*ation. We "i!! not present the report to the
#perintendent for his decision nti! yo have sb*itted any co**ents or infor*ation yo *ay have
regarding the investigatorOs report, or nti! #epte*ber 30, 2013, "hichever co*es !ater. ,f yo have not
contacted s by #epte*ber 30, "e "i!! present the investigatorOs report to the #perintendent at that
ti*e.
, cannot agree to Ms. sggested additions to the investigatorOs report.
8hs far, the investigatorOs report does not inc!de anything bt his direct intervie"s and copies of
severa! doc*ents he e(a*ined. .s6ing hi* to re!y pon yor description of a doc*ent yo have seen
bt refse to sho" hi* or the #eatt!e #choo! $istrict "o!d not be appropriate. Were he to do so, it
"o!d open the door to inc!ding other si*i!ar!y nverifiab!e infor*ation he has received "hich
contradicts yor daghterOs description of the event as a Nrape.N My nderstanding is the investigator
did not inc!de sch infor*ation in his report becase it "as regarded as third party NhearsayN
infor*ation si*i!ar to yor state*ent abot the a!!eged contents of the 5ar6 #ervice report.
, "o!d a!so point ot that , a* na"are of any !ega! i*pedi*ent to yo providing any of the
doc*ents in yor possession, "ith the possib!e e(ception of yor daghterOs *edica! records. Ror
contined insistence that yo are so*eho" prevented fro* providing doc*ents sch as the 5ar6
#ervice report is *isp!aced. ,n response to Mr. e*ai! of /!y 8, he is correct, "e do disagree "ith
*ost of the characteriLations given in his attached !etter. 7or e(a*p!e, yor re<ests for infor*ation
and de*ands for additiona! discip!inary action regarding #tdent 2 are not "ithin the scope of this
parent parent
parent
parent
parent parent
parent
parent
B0

*atter. 8he $istrict too6 severa! steps to assist yor daghter to retrn to schoo! andKor to co*p!ete
her corse "or6, "e!! before .pri!.
8he 6ey disagree*ent, ho"ever, is that yo re!y pon reports yo c!ai* to have, bt have never given
s, to conc!de that yor daghter "as raped. 8his assertion is at odds "ith a n*ber of "itnesses,
inc!ding not Mst #tdent 2, bt other stdents "ho corroborate his description of the events on 6ey
points. .bsent proof of yor a!!egations abot "hat the other "itnesses said, , see no reason to dobt
the findings in the report.
With respect to the chaperones, , be!ieve the report f!!y describes "hat they did and did not do. ,f yo
have additiona! infor*ation, p!ease provide it "hen yo are ab!e to do so.
9nti! then, "e "i!! a"ait yor response before ta6ing frther action.
Ron 'ng!ish
%enera! &onse!

Response To Kaiser Assault Report REDACTED

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Response To Kaiser Assault Report REDACTED

Uploaded by

Copyright:

Available Formats

1

Response to draft investigative report prepared by Richard H. Kaiser

5roposed detai!ed dai!y stdent itinerary

.rrange*ents for chaperones

5roposed trave! arrange*ents

5roposed hosing arrange*ents

5roposed eating arrange*ents

R!es of condct for stdents

5arent infor*ation and per*ission re<ire*ents

5otentia! persona! safety ris6s

7ind ot if yo have any inMries that need treat*ent

Offer treat*ent to prevent H,; infection

Offer treat*ent to prevent pregnancy

.rrange for fo!!o"?p conse!!ing

.ns"er any <estions that yo *ight have

,nfor* s ho" it p!anned to contro! a hosti!e environ*ent at %arfie!d H#, thereby

'(p!ain to s rights nder 8it!e ,A

&ondct a pro*pt and e<itab!e investigation

Reach ot to provide resorces to

support transitions $et#een program activities, including meal times

distri$ute, collect, and complete all necessary pre-trip paper#ork

assign students and adults into three groups'

coordinate transportation for all student and adult participants

manage storage and administration of all student medications $y school staff

give feed$ack to NatureBridge staff during an in-person e=it intervie#

make your transportation plan #ith the trip organi)er,lead teacher

supervise students at all times, including overnight

su$mit your NatureBridge program evaluation online ;http',,###!surveymonkey!com,s,B"ECF7G<

You might also like

5arent inforation and perission re<ire*ents