Date Filed 1072572023 3:42 PM ‘Superior Court- Middlesex Docket Number 23816V02000 < ; 2 * COMMONWEALTH OF MASSACHUSETTS MIDDLESEX COUNTY SUPERIOR COURT JOHN AND JANE DOES 1-37, Plaintifis - a Civil Action No: 238 fEVRBOANE Oi 9s ME FOR THE COUNTY Or MIDDLESEX TRUSTEES OF BOSTON COLLEGE, BLAKE JAMES, and REGGIE TERRY, OCT 23 2023 Defendants TTT SY HME AFFIDAVIT OF BLAKE JAMES ‘CLERK 1. Tam the Williams V. Campbell Director of Athletics at Boston College. Ihave personal knowledge of the matters set forth in this Affidavit or the information was gathered by others at Boston College with personal knowledge. 2. Boston College maintains a vibrant athletics program, in which approximately 700 students participate on 31 varsity sports teams and hundreds more participate on 29 club teams. 3. Reggie Terry is Senior Associate Director of Athletics at Boston College. 4, All students at Boston College are subject to the university-wide Student Code of Conduct, Student-athletes also are subject to additional rules and policies established by Boston College Athletics and individual teams. Both individual athletes and teams can be subject to consequences for violating Boston College Athletics or team rules. 5. Standards applicable to all student-athletes are set forth in a Student-Athlete Handbook; the Athletic Department Policies for Student-Athletes; individual team rules; and NCAA Rules. 6. The Athletic Department Policies for Student-Athletes were distributed to all student-athletes on October 26, 2022. Thus, they were distributed to all present upperclassmen 1Date Filed 1072970023 2:42 PM ‘Superioe Court - Mldclosox Docket Number 2381602000, ‘on the Swim and Dive Team. A true and correct copy of the Athletic Department Policies for Student-Athletes is attached as Exhibit 1. 7. Atrue and correct copy of the Swim and Dive Team rules for the 2023-24 year are attached as Exhibit 2. They were published to all team members on August 28, 2023, 8. The team rules and other policies applicable to student-athletes, including the strict prohibition against hazing, are among the topics covered in a meeting each team has with its coach and its Sport Administrator, a member of my staff, at the beginning of the year. A true and correct copy of the talking points for these team meetings with Sport Administrators are attached as Exhibit 3. In addition, in my remarks at a beginning-of-the-year event for all student-athletes on August 27, 2023, I specifically emphasized that no hazing would be tolerated in any aspect of the Boston College Athletics program. 9.. The Policies for Student-Athletes prohibit hazing, which also is a crime in Massachusetts. 10. Boston College provides the statute to all student-athletes as part of a comprehensive Compliance Packet, which each student-athlete must complete and sign each year. A true and correct copy of the Compliance Packet is attached as Exhibit 4. 11. All members of the Swim and Dive Team completed and returned the Compliance Packet. 12. On September 5, 2023, Boston College received credible information about potential hazing activity involving the Swim and Dive Team over the preceding Labor Day weekend. 13, Boston College promptly conducted an initial investigation, which I was informed included interviews of 20 team members and the collection of evidence including photos, videos,Date Fed 1072572023 3:42 PM ‘Superior Court - Middlesex Docket Number 2387602900 and messages exchanged over a team “group chat.” 14, The initial investigation confirmed that hazing involving power dynamics and excessive consumption of alcohol in fact had occurred. 15. The information gathered confirmed, among other facts, that over the Labor Day ‘weekend, team members conducted an event with a series of organized and directed activities for ‘freshmen on the team — activities in which freshmen were instructed to engage in coordinated tasks, various drinking games, and binge drinking, and were given bags for them to use to vomit. 16. Talso was informed that members of the team had been found responsible for hazing in the spring of 2022. 17.. Based upon the information obtained in connection with this initial investigation, Boston College Athletics determined to suspend team activities including practices and intercollegiate competitions for a period of time to be determined. I met with the team to inform them of the suspension on September 20, 2023. 18, Also on September 20, 2023, Boston College Athletics issued a statement that the Swimming and Diving program had been “placed on indefinite suspension, after University administrators determined that hazing had occurred within the program.” 19. That statement was true; the evidence gathered in the initial investigation was sufficient for Boston College Athletics to determine that hazing had occurred, which warranted the team suspension. 20. Boston College Athletics and the Dean’s office subsequently issued additional statements to make clear that matters of individual student discipline would be adjudicated “through the student conduct process.” 21, Although formal team activities have been suspended, members of the Swim andDate Filed 1072572023 3:42 PML ‘Superior Cour - Middlesex Docket Number 2381602000 Dive team remain free to use Boston College's athletic facilities to work out and practice on their own, as well as make use of other resources offered by Athletics, including athletic trainers. In fact, team members are mecting regularly to conduct practice on their own. 22. The decision to suspend team activities had nothing to do with the fact that the team is co-ed. 23, There is no case involving similar circumstances and involving an all-male team known to the University. Boston College has not had occasion to consider evidence of repeated hazing incidents in relation to an all-male team. I declare under the pains and penalties of perjury that the foregoing is true and correct. {s/ Blake James Blake James Electronically signed w/ approval By: /s/Daryl Lapp BBO No. 554980. October 23, 2023 Certificate of Service 1 certify that per the parties’ agreement, I served a copy of the foregoing document upon counsel of record for the plaintiffs by email on October 23, 2023 ish 13505692002Date Fas 1072572023 3:42 PM Superior Cour - Middlesex Docket Number 2381602800 EXHIBIT 12022-2023 ERP Se i FOR STUDENT-ATHLETES RU Ras