A New Hampshire State Police investigator sought the arrests final 12 months of two deans at Phillips Exeter Academy, one of many nation’s elite prep colleges, on a cost that they didn’t report the alleged sexual assault of a scholar to the authorities, newly obtained data present.

However the deans weren’t arrested or prosecuted, and a 12 months after that police investigation, they continue to be of their posts on the college.

The case started greater than two years in the past, when two feminine seniors, aged 17 and 18, advised the deans male classmate had groped them in opposition to their will, in separate incidents within the basement of the church on the campus in Exeter, N.H.

In an in depth report by the state police that was obtained by The New York Instances, an investigator with the key crime unit wrote, “I decided that there was possible trigger to consider that” the 2 deans dedicated a misdemeanor by not reporting the accusation by the 17-year-old, who was coated by the state’s obligatory reporting legislation. The investigator, Trooper Mallory S. Littman, wrote that she drafted arrest warrants for the 2 directors and gave them to the Rockingham County lawyer’s workplace in October 2016.

Choices about whether or not and the best way to pursue a case are as much as prosecutors, who’ve huge discretion and will not be certain by the views of the police. It was not clear whether or not prosecutors within the county lawyer’s workplace had ever offered the arrest warrants to a choose for ultimate approval, or had decided on their very own to not pursue the matter, however the deans weren’t arrested or charged.

The county lawyer’s workplace didn’t return calls looking for remark.

The varsity didn’t reply to questions concerning the case, together with whether or not the administration was conscious of the trooper’s conclusion. The academy not too long ago entered into an settlement with the police to adjust to state reporting necessities, and transcend them.

Neither of the deans, Arthur J. Cosgrove and Melissa D. Mischke, responded to emails looking for remark.

Like St. Paul’s College in Harmony, N.H.; St. George’s College in Middletown, R.I.; Phillips Academy in Andover, Mass.; Choate Rosemary Corridor in Wallingford, Conn., and plenty of different prestigious prep colleges, Phillips Exeter has been reeling from revelations of sexual misconduct, and questions on whether or not the varsity correctly dealt with them.

Typically, the accusations have concerned lecturers preying on college students. This 12 months, a former Phillips Exeter admissions officer pleaded responsible to sexually assaulting a 14-year-old potential scholar within the 1970s, and the academy mentioned that an investigation had revealed credible allegations in opposition to three former lecturers and a former college psychologist. Final 12 months, the varsity fired a trainer for sexual misconduct with a scholar, and revealed that one other trainer, after admitting to such misconduct, had been allowed to retire quietly and for years remained a presence on campus, with emeritus standing.

Whereas some accused of abuse have been prosecuted, it’s uncommon for college directors who didn’t report misconduct to face any authorized penalty.

Within the case described within the state police report, Michael W. Jones, an alumnus who has been a number one critic of the academy’s dealing with of sexual abuse circumstances, mentioned it was “outrageous” that the 2 deans nonetheless had their administrative positions, and that the varsity had not addressed the matter in additional element. “There must be transparency and penalties,” he mentioned.

The 17-year-old lady’s lawyer, Carmen Durso, declined to remark.

When The Boston Globe reported final 12 months on the lady’s groping allegation and the way in which it was dealt with by the varsity, the information prompted a robust backlash amongst alumni, a lot of whom mentioned they might withhold donations to the academy. In a press release, the academy mentioned that “with out query, the state of affairs may and may have been dealt with in a greater means,” however it didn’t say explicitly what had been accomplished mistaken, or by whom. Till now, the police account of the deans’ response to the groping allegation, and the trooper’s need to cost the deans, had not been publicly identified.

The state police report exhibits that the 2 feminine college students met in October 2015 with Mr. Cosgrove, dean of residential life; Ms. Mischke, dean of scholars; and a trainer who was the youthful scholar’s college adviser and who had inspired her to go to the deans. The police report contains the 2 accusers’ and the college adviser’s descriptions of the assembly; the 2 deans declined to be interviewed by investigators.

The youthful accuser mentioned that days earlier than she went to the deans, a well-liked male senior texted her that it was his 18th birthday, and requested her to fulfill him within the church basement, a quiet place the place college students generally studied, and which he was assigned to observe. There, she mentioned, he touched her buttocks and breasts and kissed her, whilst she repeatedly advised him to not, till she left.

The opposite accuser recounted the same incident in the identical place with the identical male scholar, who she mentioned put his arms underneath her shirt and touched her breasts, prompting her to go away.

A state legislation mandates that anybody in a protracted record of positions, together with college officers, “having cause to suspect” sexual abuse of an individual underneath age 18, which it defines very broadly, should report it to the state Division of Well being and Human Companies.

The lady mentioned that the month after their first assembly, she requested Mr. Cosgrove what punishment her classmate had acquired, and he declined to inform her. A number of months later, the lady felt unsafe with the male scholar nonetheless on campus, and confirmed indicators of post-traumatic stress dysfunction, her college adviser advised investigators. In April 2016, they met once more with the 2 deans.

In each the October and April conferences, the trainer mentioned, when the lady described what had occurred to her as an “assault,” Mr. Cosgrove corrected her, saying that it was simply harassment.

After the second assembly, the lady went to the police, and prosecutors quickly charged the male scholar, Chukwudi Ikpeazu, with misdemeanor sexual assault. However a 12 months later, in July 2017, as his trial was about to start, they put aside the cost, and if he meets sure circumstances — which haven’t been made public — prosecutors will drop the case.

In September, Phillips Exeter entered right into a memorandum of understanding with the Exeter Police Division, reiterating its authorized obligation to report suspected abuse to the state, and vowing to report it to the police, as effectively. The varsity additionally dedicated to offering sexual assault prevention and reporting coaching to workers and college students.


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