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EX. 1 –

SELECTED PORTIONS OF DEPOSITION OF

DR. ROBERTO DE LA SALUD BEA

AUGUST 1, 2017
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21.

I It was a day when it was what v¡e caLl 1 know, it was strange what happened' I just
z the idea evaluation which is I have to give the 2 walked up to my office, and then I found the
3 students some forms, and they have to evaluate 3 door, it was closed.
4 me. So I left Prianka there in my office -- I'm 4 So what I did was I opened the door, and

5 sorry, Ms. Bose -- and lhen I just went down to 5 then I found Ms. Bose behind my desk glancing off
6 my class, and T was waiting for some of the 6 the computer, and she was kind of looking around
? students to come, r,¡hich it was still pretty t iike searching for scxnething, and I noliced that
I early. B it lvas strange. So what I did I asked her if she
9 And when nrost of the students were 9 needed some scratch paper, and she was something,

10 theref I jusl explained what they have to do' I 10 yeah, scratch paper, but I didn't give her any
11 gave some pencils, I -- I
lalked to one of
gave 1i scRatch paper because she already had, I gave her

12 the students there as to how to handle the forms 12 some for the exam.

13 because T'm not supposed to do that. 13 Well, after that, I went out with an
'ttt after that, I just came back to ny
And 14 excuse of flnding, I think it. was a pencil. And
15 office. After that I was ¡ust preparing my 15 then a couple of minutes later, I just went down

16 class. Ms. Bose was still there taking the quiz' t6 to my class. After a few more rúnutes' Ms.
tl And after she finished and we went down to 1? Prianka Bose just came down, and she asked me to
18 class -- yês, my class. VJhen I came back I found 1B finish the exam there in the class.

19 that on my conrputer the answer key for that Quiz 19 So obi¡iously all of this behavior was

20 Nunrber 4, it was on the screen, and it was in a 20 kind of strange. It's strange because, you know'
21 different zoom or a different magnification than 21 asking me for using my conputer and getting the
22 usually I work on. 22 -- the door, it was closed' She was behind ny
23 So that's when T started suspecting z3 desk. Then I thought that, well, my suspicions
24 that -- I don't recall iust opening this answer 24 were actually growing. That's why later I
2L z5

I key. So it was just kind of a first call that 1 decided just to really prove it, because at that
2 something t^las not correct' 2 moment I really dj-dn't have proof, it was just a
3 So the next exam, which was Exam Nu¡nber 3 suspj"cion.

l. 3, I decided to log off the computer because Ms'
5 Bose r,,ras al,so asking me to take early exam/ and
6 she came early, and she started taking exam.
? So when she had started, I just went
I around ma1òe ten minutes before the class started
9 down to my office -- to the classroon, and I just
10 gâve the exam to my students, so
11 there,
12 So about the nLiddle of the exan, Ms'
13 Bose came down, and she was askinq me she was
lq able to use my cofiìputer in order to send sore
4 So I decided just to create a fake
5 anshrer key for the following exam, which it was
6 going to be Quiz Nunber 5, and that's what I did'
i T created a fake quiz -- answer key -- sorry --
8 and lhen I pìaced it in the corìputer' I decided
9 to creale that answer key because most of my
f vtas proper in 10 suspicions was based on her dealing wlth my
11 corrputer. It was relaled with my computer, and
12 that's why I thought nìaybe I can prove that
if 13 aclually she's doing somelhing strange.
14 So I created that answer key' I placed

15 E-Mails, because she remembered she had to send i5 it in the desk lop in my conputer as I do every
i6 E-Mails. I said, well/ no, you cannot use my 16 tifle we have the exam. Ms. Bose came as usual

1l E-Mail -- I mean, ¡ny computer' You can use your 1? early to my offÍce. I gave her the Quiz Nwnber

1B phone or you can use your computer. 1B 5, and then after that I 3ust went dourn to my

19 I realized that the students are

Then 19 class as usual lust to give my class'
20 not allowed to use their phones when they're in 20 So when I came back what I noticed is --
2i class. So I said, no, better not to use che 21 well, the very first thing I did was print the

22 phone or the computer, and she just came back to 22 answer key, the fake answer key, and then I was
23 my office, A couple of rninutes, ma)¡be three 23 just comparing the quiz she gave me with the
24 ninutes afler that, I just walked up because, you 24 answer key, the fake one' Then I noticed that
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1 the answers were exactly the same even though the 1 grades from that roster.
2 fake ansv¡er key was created with fake and 2 Q. Dr. Bea, can you explain the decrsron
3 incorrect answers there. So I was comparing both : making process Ín deciding to create the fake
¿ of them. Certainly there I have the proof that 4 answer key?
5 aclually -- thal something was qoing wrong and 5 A. I think I al"ready explained a moÍìent ago

6 Prianka was likely cheating in my class.
? So what I did after lhat it was I called
B my chair, the chair of the department, and he
9 came to my office, T put both, the exam, the
10 Ouiz Nrmber 5 she took and the fake answer key,
11 and he just looked at them and said
12 it was j-dentical, they ivere j-denl-ical. Thalrs
13 when I explained thal one of these are fake; and'
i4 therefore, it's strange that there are incorrect
15 answers identically what copied in the exam -- in
6 that. since the t-wo suspicious moments that I had
? with her were related with my cøttputer, one of
B them was seeing the answer key from Quiz Nunber 4
9 on my coÍrputer/ and the second one when I log off
10 my computer in Exam Number 2, she was the one
that, we1l, 11 asking me to use that conPuter.
12 thought that the best way \4ras -- I
I
13 would wait for maybe testing that was guilty of
t4 cheating, because at lhat mornent I didn'l have
15 any proof. It was doing something with my

16 the çizthat she took' 16 Çomputer, which is creating a fake answer key.
1? In that case, he suggested calling 1? A. And you arrived at that decision on your
tB different people, and rn the end he suggesled we 18 own?
19 just call in the Honor Council, and that's what I 19 A.
Yes, yes, I clid.
20 d,id. T just called John Blaisdell, and he did 20 0.
Okay. Did you ever B-Mail anybody a
21 directed ne thrbugh the whole process/ contacted 21 copy of that fake answer key before you used lt?
22 with, I thÍnk it was Regan Adolf off' a¡d she 22 A. No, I did not.
23 sent me an E-Mail, and she was telling me that 23 0. What, if any, steps did you take to
zl investigator Mitch -- I donrt remember -- was 24 presene that fake answer keY?
25 21

t going to come and then just give a report on 1 A. Wel-l, I jusl kept lhe answer key, the
2 getling some docunents from ne. And from that 2 fake answer key on my desk top in my computer --
3 noment on, I think it's already knon'n what 3 on my coÍputer, and I didn't do anything special.
n happened, because the Honor Council already 4 Il raas just right there.
5 contacted wilh me, and I get my -- I presented my 5 Q. You didn't give a copy to anybody else?
6 case. I give rny documents. And from that momenl 6 A. I gave a coPy later when the
I on/ welLf I don't think T need to explain what I investigator from the Honor Council, Mitch, cane
B happened after. I to my office, and I give a copy to hirn.
I Q. Okay. What role, if any, did your grade 9 Q. But not until after Prianka Bose had
10 roster play in your suspici-ons that Prianka Bose ro already taken the quiz, correct?
11 was cheating? 11 A. !!e11, I for me, and then I
nnde a copy

12 A. Yeah. Vihen I was -- when I graded my 12 shoro a copy to my chair, but I didn't give any
i,1 exams as usual, what I do is I put the grades on 13 copy to anybody. I just showed that copy'
14 that roster. I have lwo of them. T have one 14 0. You didn't show hj¡n that copy until
15 that is made by hand and then there is another 15 after Prianka Bose took the çiz, correct?

16 one that is the electronic coPY' 16 0bviously, because it's when I had
A.
11 UsuallY, lhe hand is the one I use 1l already the exam from there, and rt was there the
tB first, because it is the one I put all- the grades 1B moment just to show both.
19 fron the exams. Then I noticed that some of the 1.q 0. So prior to Prianka Bose taking Quiz
2c grades that she had frorn previous exams l{ere 20 Nu¡nber 3, no one but you had seen the fake answer

21 changed and thel' didn't match the ones r had in 2T key?

22 my coÍputer. 22 MS. KRUPICKA: Nr¡rber 5.

23 So then I was suspecting that nnybe she 23 A. Quiz Nwnber 5.

24 was actually also modifying or she modified the 24 O. Thank you. Prior to Prianka Bose taking
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1 Quiz Nunber 5, no one but you had seen the anst^¡er I Q. Do you see that?
2 key, correct? 2 A. Yes, I do. I see that,
3 A. Correct, 3 Q. Were you aware before we sat here today
4 Q. And there was no contenporaneous q that this document had been modified last at that
5 electronic transmission of that answer key that 5 time?
6 would have preserved a coPY? 6 A, tsefore I was told, no, I wasn't aware.
I A. No. i I didn't know that.
s 0. And a copy t,tasn't saved anywhere else on s Q. Before -- wel1, you said before you ialere
9 your colrpuler besides what we have seen so far? 9 told. !{hen were you lold?
10 A. Exact]y. 10 MS. KRUPICíTA: Donrt discuss
11 A. And there wasn't a copy stored on any 11 anything thal you and I discussed.
12 Rhodes sewer or any olher serverf l^ras there? ï2 0. Dcn't tell me what your lawyer told you.
13 A. That part I don't know because Rhodes 13 A, lfhen I discovered -- weII' it has to be
tl aclualLy has access to my ccnputer. Al-l I can 14 after the Honor CounciJ., because during that tlme
15 tell is what I know what I did' which is what I ts I didn't kqow,
16 already e>çÌained. lf Rhodes had access to my i6 0. Now, you'd agree based on your prior
1l hard drir¡e, you have to ask Rhodes. 1? testhrpny at the Honor Council, which you said
18 A. So as we're sitting here today, you are 18 you stand behind, thal Prianka Bose could not
19 una\4tare of any other copies of that document that 19 have had access to that document at 10129 A.M' on

20 were stored prior to Prianka Bose taking the 20 the Znd of Decenber, correct?
21 exam? 21 A, She t¡asn't in my office, no, she

22 A. I'n unaware, That's lhe only one I 22 couldn't have access.

23 have. 23 0. Were you in your office at 10129 A.M.?

24 0. Now, have you reviewed -- 24 A. Probably I was. She wasn'l in my office

29 31

1 MR. TD4I{ONS; Can we go ahead and
2 make that conrPÌaint Exhjbit 1?
3 (Íühereupon, the above-nentioned
4 document was marked as Exhi-bit No. L to
5 the testirnony of the witness.)
6 Q. (By Mr. Tjrnmons) Dr' Bear Ìet nte pass
? you a documenl, Have you seen thj.s document
B before?
9 A. I don't recall. No, I don't think I
10 have seen il.
I because il was right after the exam, the guiz'
2 Q. Could anyone else have had access to
: that document at 10:29 A.M. besides you?
4 A. No, because I was alone in my office.
5 Q. So you would have been the only person
6 with access to that document at that time?
? A. Thatrs correct.
0 Q. And you took no steps prior to this
9 point to preserve a copy of thrs document as it
to existed prior to 10:29 A.M. on Decenber 2nd,

1t 0. okay. Dr. Bea, this is a report 11 2015?

1z produced by ICGICFORCE Consulting, specifically 12 A. No, I did not.
13 by Gavin Patrick who is Rhodes College's expert i3 0. Okay. No\^,f you prepared this document
14 in the fiel-d of computer forensics. ta specifically for the purpose of providing it to
15 This document indicates that the file 15 the Honor Council along with a copy of Prianka's
t6 titled F15 Quiz 5 A,mswers, A-M-S-Ì/Í-E-R-S, dot 16 answer keys, correcl?
1? D-o-c-x -- 1? A. That's correct.
1B A. thalrs correctf Yes' 18 MS. KRUPICKA: I'm sorrY' You said

ß 0. That's the fake answer key' right? 19 he prepared the document?

20 A, Correct. 20 THE WITNESS: Not PrePare, no, I
2I A. And it indicates that thrs file was last 2I mean, I --
22 modified on Decernber 2nd, 2015 at 10:29:30 A.M' 22 MR. TIMMONS: The fake answer keY.

23 Cenlral Standard Time? 23 MS. KRUPICKA: FOT thE HONOT

24 A. Uh-huh. 24 Council? I'm sorry. I don't understand

30
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1 the guestron. 1 A. The quiz.

2 MR. TIMMONS: You PrePared -- I'11 0. The quiz?
3 rephrase the question. 3 A. Correct.
4 I\ß. KRUPICKA: Okay. 4 Q. All right. Was there any other evidence
5 MR. TIMM0NS: I
to nnke sure
want 5 besides your testimony that you presented to the
6 everþody's clear what I'm asking. 6 Honor Council to prove that she was cheating?
7 Q. (By }{r. Tj¡nnons) You prepared the fake 7 A. Well, again, aside of my suspicions and
B answer key for the purpose of conrparing it to B those documents, no, there was nothing else.
9 Prianka Bosets answers, correct? 9 Q. Did anþody else present any testìmony
10 A. Yes, but I did before the Honor Council 10 to the Honor CounciJ. to support the allegations
11 and before even the çiz. 11 that Prianka Bose cheated?
12 O. And you prepared that with the full 12 A. It was just me. Mitch, I think he was
13 intent of providing it to the Honor Council or 13 the one showing sone of the docrments I gave him.
14 whatever adninistrative authority was appropriate 14 0. And you provided all those docunents to
15 to report allegations of cheating to, correct? 15 Mitch Trychta, right?
16 A. Certainly. It was my proof, yes. 16 A. Yes, I did.
11 0. So that lvas your smoking gun that 1i 0. Now, Dr. Bea, do you agree that sexual
1B Prianke Bose had cheated, correct? 18 harassment is a serious problem on college
1e MS. IGUPICKA: Objection to the 19 canpuses?
20 form of the question. 20 A. WeJ-Ì, yeah, I agree.
21 A. It !'/as my proof . 2I O. Do you agree that that is something that
22 0. lt was your proof? 22 should be taken seriously?
23 A. (Vrlitness nods head) . 23 A. I agree.
24 0. And that was, You'd agree, the 24 0. Do you agree that people who make
33 35

1 concfusive proof that you provided the Honor 1 allegations of sexual- harassment should have an

2 CounciJ", right? z opportunity to have their concerns heard?

3 A. One of them. The other one \¡ias a 3 A. You're asking me?

4 roster. 4 Q. Yes.

5 Q. Would you have concfusively arrived at 5 A. Yes.

6 your belief that Prianka Bose was cheating but 6 Q. Do you believe that?
I for the existence of thj-s fake answer key? ? A. Yes.

I A. I'm sorry. I don't understand what it s Q. And you believe that peopJ-e should feel
9 means. 9 comfortable in brinqing those concerns forward?
10 0. WouJ-d you have come to the conclusion 10 A. Yes, I bel-ieve that.
11 that Prianka Bose was cheating in your class 11 0. And you believe people should feel free
tz without the existence of that fake answer key? 12 from any retaliation about brinqing up those
13 A. !Íithout that existence, I have, yes, 13 concerns?
14 suspicion. I had alread mentioned that before. 14 A. ble11, yes. Yes, I agree.

15 0. Did you provide -- besides the -- let me 15 0. And though I

understand you're not an
16 make sure I'm clear on this. You provided the i6 expert on legal issues, and I'm not asking you to
1i Honor Council with your written grade roster' 1? opine, is it your understanding that that is the
re right? 1B purpose of Title IX?

19 A. Uh-huh, that's correct. 19 A. I think it is, yes.

20 0. Your el-ectronic grade roster? 20 0. Now, during the Honor Council
21 A. That's correct. 21 proceeding, where v'/ere you seated in relationship
22 O. The fake answer keY? 22 to Prianka Bose?
23 A. That's correct. 23 A. Seating -- I was sitting on the end to
24 O. Prianka Bose's ansh/er key or answers? 24 the Armstrong room on the right side.
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1 that Prianka Bose was tryj-ng to raise that i Q. is it a fair characterization

Dr. Bea,
2 incident, right? 2 of of
your memory these events that at this tj¡e
3 A. brought it uP.
Because she 3 ln the proceeding when all of the statenents
4 Then you uent on to talk about revenge q that -- questions and statements that we have
Q.
5 further. But if all comes that it's scrne kind of s tatked about in the last few nrinutes were said
6 revenge or some kind of payback or sonething 6 that you understood thaL Prianka Bose was raising
't for -- that I did say or I did, it'sa very ? the issue of retaliatlon?
B twisted way of nnking all these things going on s A. !!ell, yes --
9 because it still cannot explain the facts here, I l4S, KRUPTCKA: Objection to the

10 cannot explain the changes in grades, cannot 10 form of the çestion.

11 explain all of the things that have happened just 11 A, But it seems lhat, yeahr she was
12 going through all the -- this evening. Doesn't tz thlnking that nnybe it was some kind of
13 explain anything. 13 retaliatioû/ yes.
14 Now, Dr. Bose (sic.), you agree at this 14 0. And then when Ms. Bose brought rt up'
15 point -- i5 she said, T don't know, I don't know how you
16 MS. KRUPICKA: BCA. i6 think. T do know that r^¡e have spoken a lot about

n MR. TII44ONSI I'm sorrY. Thank 1? many differenl things, your tenure, nostly
iB you. 1B professional. And I mean, this kind of

19 0. (By Mr. Tirmons) Dr. Bea' you agree at 19 rclationship between a teacher and a student
20 this po-int that you understood that Prianka Bose z0 should renâin professional, but I mean, we were
21 was claiming that there was -- that you were 21 so close so -- and then you cul her off --
22 retaliating against her for an incident that 22 MS. KRUPICKA: llhat Page are You

23 occurred at or outside the Rat in late Nove¡rber 23 on?

2n of 201"5, right? 24 MR. TIMII{ONS: Page 195.

45 47

I A. lt in her rrind. It v¡as in her mind

was I Q. (By Mr. Tj¡nnons) You cut her off' and

2 that actually I was kind of retalialing, and 2 you said careful what you say in close or not
3 therefore I was asking, weJ.I, what why ls she 3 close relationshiP.
4 do.ing this. 4 A. Uh-huh, because there was nothing'
5 Q. So you don't dispute that she belier¡ed 5 There was no relationship at all other than a
6 you were retaliating againsL her? 6 professional one; and, therefore, lhere was not-
? A. WeIl, I don't know whal she -- I such relation rather than the professionaL one,
s MS. KRUPICI'A: Objection to the B That's where they was giving advice that careful
9 form of lhe question. 9 what you're going to say because lhere is nothing
i0 A. I don't know what she believed or not' 10 wrong in our relationship. It was just
li 0. You can answer. li comptetely professional. It was advice I v¡as

12 A. I don't know what she was belJ-eving or tz giving her.

13 not, But for what she was saying, it's likely i3 0. It was advice?
14 that that's what she v¡as thinking. 14 A. It was advice, yes.
15 0, Based on whal she said, it was a 15 0. So you lhought it appropriate
to advise
16 reasonable interpretation on your part thal she 16 a student that you believed to be specifically
1? was raising the issue of retaliation? 1? raising the issue of retaliation by you lhat she
18 MS. KRUPICKA: Objection to the 18 needs to be careful what she says? You thought

19 form of the question' 19 that was appropriate?

2A A. Again. T don't real-Iy know exactJ.y what 20 MS, KRUPICKA: Cbjection to the

21 was in her mind, bu! v¡hat I can say is that, 21 form of the çestion'
22 yeaht since she was talking about a joke' that 22 0. (By l4r. Tj:nnons) You can answer it.
23 joke h'as part of the reasons that she thought 23 A. to retaliate, and
There was nothj.ng

24 mayb'e I was just doing what I was doing. 24 that's she was bringing up thLs Lopic. I said'
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1 wel1, careful what you're saying because' you ansrter

2 know, there is nothing, nothing to retaliate' A. ll was in the process of reviewing. I'm
3 There is nothing that I did wrong, and there is sorry
4 nothing in the relationship with you. It was O. Now, Dr. Bea, l4s. Bose asked you when

5 just completeÌy professional-' So thatrs why give 5 you last modified your quiz' right?
6 this kind of advice before she was giving more 6 MS' KRUPICKA: Where are You

? false accusations, ? looking?

s 0. So you understood that she was tryíng to I A. ]f it is here, it has lo be there,

9 nnke an accusation against you at that point? 9 yes.

10 A. Yeah, that's what il looks like. 10 MR. TIMM0NS: The next Page' next

11 0. And you understood that she was trying 11 line.

12 to nake an accusation of retaliation against you 12 MS. KRUPICKA: And what's Your

13 at this point? 13 question?

14 MS' KRUPICKA: Objection to the i4 0. (By Mr, Tj¡rmons) I said do you agree --
15 form of the question. 15 A. did you lasl modify your quiz.
I¡lhen

16 a. (By W. Tjnmons) You can anshrer' 16 Well, lhe last modification, clearly the conputer

l1 A. Well, I don't really know exaclly what li shows v¡hen it was done,
1B she vras thinlcing, but certainly it looked like, I 1B 0. But here in the conlext of Ms. Bose
19 mean it looked -- there was nothing to -- nolhing 19 raising the issue of relaliation' she asked you

20 when you rnodified your quiz, right?

20 wrong in that relationshiP'
2I O. Now, the next thing you say' Dr. Bea, is 21 A. Yes, she did.
22 do you think I'rn going to put my -- put in 22 0. You then said I can prove it because the

23 jeopardy my tenure because of you. 23 conìputer doesn't lie?

24 Do You agree that that's the -- 24 A, It doesn't lie, no, thatrs correct.
51-
49

1 A, Yes, thatrs correct. 1 Q. You agree you took that position, the
2 Q. And you would agree that your tenure if 2 corrputer doesn't lie?
3 you v,Ieref in fact, found lo have been retaliating 3 A. Yeah, it doesn't'
a against a student who engaged in protected 4 Q. Then you said yes, yeah. So do you want

s aclivity under Title IX, that that would have 5 to see what I modified? I can bring ny cdnputer'
6 been a risk to Your tenure? 6 and I can show everybody when it was modified'
1 MS' KRUPICK'A: Objection to the I A. Uh-huh.
B form of the question. s Q. It was modified two days before you took
9 Q. (By !lr. Tjrwnons) You can answer it' 9 the çiz. Do you want to see it? Vihy in
l0 A. It's likelY, Yes. i0 advancef two days in advance, I'm going to modify

11 0. You understood that that would have been 11 the bonus -- I mean the answer key for you?
i2 a violation of policy' right?
Rhodes 12 You raised that issue before the Honor
13 A. Yes, I understood that' 13 Council?

i4 0. And you understood that you were -- your 14 A, Uh-huh.

15 tenure was being reviewed at that very noment, 15 0. to the Honor Council that
You claimed

to rj.ght? i6 you last nrodified thal quiz two days prior --

1? A. Thatrs correct' 1? MS. KRUPICIrA: Objection to the

1B MS. KRUPICKA: Objectionto the 1B form of the çestion. That is not his
19 form of the question. Are you saying in ß testimonY or his queslion.

20 his nLind when he said that he's thinking 20 0. (By l4r. Tjnmons) Dr' Bea, did you
2l my tenure is being reviewed? 21 represenl to the Honor Council that you last
22 THE WIITiESS: It was in the 22 modi,fied the quiz two days prior --

23 Process.
23 A. Yes.
24 MS. KRUPICKA: okaY' You can 24 0. -- to Ms' Bose taking the quiz?
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I 100, is that correct'. 1 away?

2 A. Thatrs correct. 2 A. No' I keeP them.

3 3 Q. Do you know where this would be if you

Q. So you represented to the Honor Council
4 thât she made a 4? when, in fact, she made a 74? ¿ could find it?
A. 5 A, UsuaÌly I keep it in my folder that I
5 Thatrs correct'
6 NlR. TIMMO'iSI Can I mark that as 6 have accumulated from all the records frorn all
? the next exhi-bit' Please?
'l Lhe years T have been here, but it certainly is
I (WhereuPon, the above-mentioned B not there.
9 docunent was marked as Exhibit }lunber 5 9 Q, So you don't have this in your nonrral
10 to the testimony of the witness') to fiJ.ing system?

il 0. (By Mr' Tjnmons) Dr. Bea, you've 11 A. No, I don't have i.t.
12 asserled that you suspected Prianka of modifying 12 0. Do you beLieve you gave it to the Honor
13 that grade on your written grade roster' 13 Council?

14 correct? 14 A. I made a copy. I made a copy' but Ï

15 A. Thatrs correct. 15 donrt know exactly where it was, because since we

16 0. And You stated that that was a 16 rvere qiving information, but I remember I gave a
to Mitch, so the Honor Council should have a
tl significant factor in developing your suspicion 1? copy

1B that Prianka Bose rllas cheating in your class' iB copy. Maybe they have it.
You'll have to ask
19 correct? 19 them.

20 A. AbsolutelY correct. 20 0. I understand. Now, as we sit here

21 today -- and this copy is the best copy that you
21 0. tel me pass a copy of that rvritten grade
22 roster. 22 have of this grade roster?

23 Now, untj-l Ms, Bosers deposition' we 23 A. WelI, it's the onlY one I have'
24 didn't have a conplete copy of this grade roster; 24 a. AII right. Now, Dr. Bea, under MidTerm
63
6I

I youtre aware of that, right? 1 3 in Prianka Bose's row, the number 4? is written
2 A. I think, yeah, you didn't have that. It 2 under MidTerm 3. Do You see that?
3 was only just her notes -- Yeah. 3 A. Yes, thalrs correct.
4 Q. And apparently you've been unavarlable 4 Q. And the nunrber it looks to be possibly
5 -- or unable to locate a copy of that doesnrt ¡ 77 is struck out?

6 have this sticky note copj-ed over it' is that 6 A, That's correcl.
I correct? I 0. So is it your contention that Prianka

B A. Certainly I don't have it with me. B Bose changed her grade from a 74 Lo a 77?

9 Q. fue You aware of whether il still 9 A. Yes, I actuallY believe that'

10 exists, the original? 10 O. !!hy would she do that?
ì4S. KRUPICÍ'A: Objection to the
i.1 A, I am not aware' 11

12 O. Okay. Do you know what you would have T2 form of the çestion.
13 done with this written grade roster just based on 13 A. !üeJ"l, I
have no idea, but ny guess -- my
14 guess is, of course, to jrqorove her final grade'
14 your past experience, lhe original?
15 A. llhat I would have done, what do you 15 0, grading points total are
Hot¡ many there

i6 mean?
16 thal make up the final grade?

il lVhat do you nornnlly do with your grade 1? A. Let me see' At that tirne I think it was
0.
1B roster after the semesler is over? 1s 550.
i9 WelI, usually what I do is I introduce
A. 19 0, 550 Points?

20 all these grades into ny computerr and T use the

20 A. Yes.

21 coûputer for making calcuJations so I can just -- 2I !ühat is the statlstical lrqoact of
O.
22 have a program that can cal-culate all of the
I 22 changing a grade by three points out of a total

23 grades of the students at one tj¡ne' 23 of 550 points?

24 0. Do you retain these or do you throw lhem 24 A. WeLI, il is ninj¡al'

64
62
Case 2:16-cv-02308-JTF-tmp Document 121-1 Filed 01/04/18 Page 9 of 18 PageID 1502
69

MS. KRUPICKA: Irm sorry. Extra 1 your suspicion that she was cheating, correct?
marks, what do you mean? 2 A. No. I mentioned slnrply that it's just
3 THE !iITNESS; Yeah. See, that is 3 strange that points. I don't
she was having 47

scratch there, this is mY. This is mY a think I said anywhere that this actualJ-y is the
scratch -- 5 reason that I suspected. It was just the result
MS. KRUPICKA: But You have nnrks e of t-his exam.

like that on every tesb. 1 Q. Dr. Bea' after talking about lhe grades

B MR, TTIIMO.\S: Ms. Krupicko, B of the exam, which we'11, come back to, you said

9 respectfully, this is my deposition and 9 now I understand why she was acting that strange.
10
10 Now I understand why she took the exam with a
l1 MS. KRUPICKA: All right. 11 fake everything, a lake answer key. Now I think
12 A. (By Mr. TJnrnons) Now, Dr. Bea -- 12it nakes Íìore sense.

i3 Â. Uh-huh. 13 Are you saying that this exan -- perhaps

14 0. -- you asked lhe Honor Council to 14 I'm nisinterpreting your words lhere -- I

ts beLieve that Ms. Bose was cheating on the 15 understocd you to be saying that this exam formed
16 strength of, among other things' lhat 77' 16 the basis for your understanding as to why
tl right? 1? Prianka Bose r,tas perfonning the way she did in
1B A, a 93, 6 and 4 and 27 and 23,
No, also so 1B your class. Do you dispute that that's what you

19 there are four different changes there' 77 is 19 meant?

20 just or.e of then. 20 A. We}l, Ìooking back, certainly the fact

21. 0. t did say among other things, Dr. Bea' 2i that I believed at that tjrne it was 47 points at
22 A. 0h, I thought You were -- 22 tbat tj¡e made rne -- it rnde sense -- sorry, it
23 0. You asked the Honor Council to take this 23 made sense, coÍPfetelY sense.
24 exan as evidence that Prianka Bose chealed, 24 0. Alt right. How can you -- on Page 15' a

,n 77

right? 1 council merber asked you, and how can you

A. It's one of them. 2 reconcj-le Pr-ianka's performance on Exam 3 with
0. Okay. And, specifically' that she 3 her previous performance in the class, and you
I changed your grade roster, right? 4 said, yeah, in the previous exams, she was in the
5 A. Yes. i 90's.
6 0. And you also indicated that this exam 6 A. Yeah.

i formed part of the basis for your suspicion that ? Q. You can have rnaybe there a copy of the

a lead you to create the fake answer key because of B roster there. Ilûas in the 90's, This one was
9 Ms, Bose's strikingly poor perfornrance on that 9 actually 47 points.
10 examf correct? 10 You said that, right?

11 A. f{ell, my suspicions wasn't based on the 11 A. Yes.

12 finaì. grade. It was based on the behavior during 12 0. at that point in tjrne
So you were
13 certain enough that she had scored a 47 on this
13 the exam.
14 O.lurn to Page 15 of the Honor Council 14 exam to make that statenent to the Honor Council,

15 hearing transcriPt then. ti right.?

16 A. Uh-huh. 16 A. ThaLrs correct.
1? 0. Not^I, you testified to the Honor Council 1? 0, And that vlasntt accurate, was it?
1B that your coÍìpuler was logged off and that no one 18 A. It was inaccuratef Yes.
19 could have accessed it at the tifle this exam was 19 0. It was, and I remenìber because it was

20 taken, correct? 20 the second worst grade in my class.

21 A. Thatrs correct' 2I A, Uh-huh.

22 A. testified to the Honor Council thal

You 22 0. testified to the Honor Council
There you
23 the substantial drop in her score on this exam to 23 thal you specificalÌy remanber that' rrght?

2s a 4l formed a significant part of the basis for 24 A. Iliell, I remenber because, yeah, looking
't2
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1 at my electronic copy of the rosler of the 1 Q. She told you about il?
2 grades, looking at ny electronic copy, which is 2 A, Vle asked to see -- I asked to see the
3 the one I use for working, it was the second 3 original ones, and she couldn't provide the
4 u'orst. 4 original ones.
5 CI.But you then went on to say itrs easy to 5 Q, Soprior to the Honor Council hearing,
6 remernber, especialJ.y for a person like her that o you asked her for the origì-naÌ exam?
? she's so brilliant. She's been so brilliant. '/ A. Yes, I did.
B A. llh-huh. S Q. Because you wanted to make sure -- you

9 Q. But the one -- that is to say the exam' 9 did that because you wanted to nnke sure you !,r'ere

10 correct? 10 being accurate in your statements to the Honor

11 A. Uh-huh. il Council?
12 0. That actually logged off my corputerr 12 A. Anong other things' yes.
13 she wouldn't have access lo my ansb/er key and she 13 a. okay.
tq failed -- she falled the exam -- 14 A. I wanted to confirm that I was right.
15 A. Yes. 15 a. But. there's no dispute that this is the
16 0. -- I cannot forget that' Please let me te original, right?
i7 finish the question. You said that, didn't you? 1? A. Yes, it is.
18 A. Uh-huh. 18 O. Okay. So, Dr. Bea, how do you explain
19 A. You said you can't forget her ts the discrepancy in your lrrritlen cLass rosler and
20 performance on this exam? 20 your efectronrc roster?
21 A. Yes. 2I A. WeIl, probably when I was typing J-n 74'
22 0. testified to an independent
You 22 I typed a 47. That's probably one of the
23 recollection of thati isn't that the case? 23 reasons. It h¡as a ni.stake; and, therefore, since
24 A. It was based on the 4? points that I was 24 I had ny electronic copy as the working copy for
t5^ '75

1 working with in my electronic copy' I my roster, that's the one I was working with.
2 that, I remember that she
So based on 2 Q. So, Dr, Bea, I want to rake sure I
: failed. According to that record, she failed. 3 understand this. In your grading process, you
4 0. So You didn't acluallY have anY 4 use the written roster to make your notes after
5 recollection of iU you had a record that was an 5 you grade an examr right?
6 erroneous record that reflected that' right? 6 A. Uh-huh, Yes. SorrY. Yes.
? A. WeLl, I wasnrt sure -- at that tj¡e I I Q. And then you go back, and you put lhem
I didn't know it was incorrect, and she didn't even B into the electronic sYstem, right?
t have the exam at that tjme either to prove it' 9 A. That's correct,
i0 So since there was no exam to be presented, i0 0. Ts the electronic roster a data base
11 because she didn't have it, she didn't show itt tt maintained by Rhodes or is it just a spreaci sheet
tz she lost it al that tìne, and my only 12 that you keep?
i3 recollection, it was that lhe 47 points from my 13 A. It's the one I keeP.
14 electronic copy, certainly different to the 77. 14 0. Do you have that file' the eleclronic
15 I was relying on the 47, and that's why i5 roster?
16 it was -- and cerlainly based on that it was -- 16 A. I didn't bring my cofiìputer' but, yeah,
1l and I can rerember perfectly -- the second worst ti if itrs necessaryf I can provide that file' yes'
lB exam of mY c.l.ass. 18 absolutely.
19 A. Dr. Bea, you said she didn't have lhis le 0. okay, And --
20 at the tjme of the Honor Councit proceeding? 20 MS. KRUPICKA: Vie provided you with

21 A. No, she dj-dnrt have the exam, no. 21 a copy of that. Do you want another

22 0. How did you know that she didn't have 22 copy?

23 the exam? 23 MR. TIMM0'ilS: Well, we have the

24 A. She said that. 24 copy of the whole hard drive, but I
'76
14
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1 Glidden, it's 43. 1 that's the one I can actually process in getting
2 Q. Ms. Bose actualty had a 74 on this exam 2 the grades, it was the second worst for that
3 or possibly a 77 depending on how you count that 3 exam.
4 last question, riqht? 4 Q. Dr. Bea, I'm asking about how she
5 A. Yes. s actually performed. Do you contend that the
6 MS. KRUPICKA: Objection to the 6 other grades on your electronic --
i form of the question. I A. for a 74, for a 74, yeah, it was kind of
S Q. (By Mr. Tinnons) Is that correct? E in the average, Yeah, there are some 90's here,
9 A. Yes. 9 B9's -- please sornebody make a calculation if
10 0. All right. So, in fact, Ms. Bose's 10 thatls necessary,
1i grade on this the rnedian, correct?
exam v¡as above i1 0. Feel free to use a calculalor.
12 A. I haven't calculated, but if you say sot 12 MS. KRUPICKA: I would rather have
13 I believe you. 13 you do it, Dr. Bea.

14 0. Feel free -- 14 1,4R. We'l] let the quy

TTtq\4ülS:

15 A. Yeah, there is still some Íùssing -- 15 with the Ph.D. in orqanic chemistry do
16 MS. KRUPICKA: !{ell, he can'l see 16 this.
11 al-l the grades. 1? MS. KRUPICKA: That's right,
1B THE ItIITNESS: There are some iB instead of a bunch of lawYers'

ß missing grades here, but,17, 14 -- 19 MS. KRUPICKA: Here You go'

20 l.{S. KRUPICKA: !Ûoutd you like hirn 2a MR. TIMMONS: If
we could have

21 to calcul-ate the median based on the 21 passed your class, rn'e'd aII be in med

22 numbers that are there? 22 school.

23 MR. TII4{CNS: It's the best 23 MR. PEEPLES: Do we need a
24 available -- 24 calculator for the median? Isn't it
B1 83

1 lvls. KRUPICKA: I donrt know how he 1 just the nriddle number?

2 can make a statement about the medi.an 2 THE ûiITNESS: WeII, usually what I
3 grade in the ci-asses if he doesn't have 3 do, I all
add up the numbers, and then I
4 aJ-I the grades. 4 go back and --
5 lfe can look at lhe electronic 5 MR. PBBPLES: Are we lalking about

6 roster whj-ch does have all the grades. 6 the --

j THE !ÍITNESS: That's the one should 7 MR. TIIIS4ONS: I'm going to let --
s say 47. B MR, PBEPLES: MCAN iS thc

9 MR. TII'frIONS: Make that the next 9 arithmetic average' right? Median would

1o exhibi-t. 10 be the nLiddle nu¡nber.

li l4S. KRUPICKA: Have you marked the 11 MR. TÏ}NONS: let's 1et the guY

12 written roster Yet? 12 with the Ph.D. in organic cherLlstry

13 MR. TIMM0IiS: Let's mark that. 13 answer the guestron.

14 Let's mark bolh of those' 14 MR. PEEPLES: turd then we'll find
15 (Whereupon, the above-menlioned 15 the node.

16 documents were nnrked as Exhiblts 6 and 16 THE üIITNESS: Arc you trying lo
71 7 to the testirnony of the witness.) 11 insult me bee¡use Ihave a Ph.D. in

1B 0. (By !1r. Tjnmons) So/ Dr. Bea, if you 18 chenListry or something?

19 need a pen or a calculator, lel me know, but I'd 19 MR. TIlv[oNS: No, I 'am trying to

20 like you to tell ne whether Prianka Bose 20 say that you are definitelY --
2t performed better or worse than Lhe median in the 2I THE WTTNESS: Are you making a joke
22 class? 22 of my Ph.D.? Is this a joke?
23 A. Again, based on the electronic copy, 23 MS. KRUPICKA: Do the calculation.

24 which is the one I was using for my work because 24 THE WIT}{ESS: Let me see. WilI I
82 B4
 Case 2:16-cv-02308-JTF-tmp Document 121-1 Filed 01/04/18 Page 12 of 18 PageID
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B5

1 make the calculation based on 4l ot'14? 1 then --

2 I4S. KRUPICKA: 74. 2 THE !ÍITI,iESS: I don't want lo make

3 A. The average is 80' 3 a calculation.

4 Q. The average -- 4 MS. KRUPICKA: -- his answer is I
5 A. lfell -- 5 don't know,
6 Q. -- the median or the mean? 6 MR. TIMMONS: Thal's fine. We'IL

7 A. I added alt the nu¡nbers and then divided 7 move on.

s by the number of students, total is 80, 80'3' s THE WITNESS: I don't wanl to make

9 Q. So the mean is B0? 9 a calcul-ation.

10 A. 80, 10 a. (By Mr. Tirmons) At the tine that you
11 0.Dr. Bea, I was specifically asking about tt testified to the Honor Council about having this
12 the median for a reason, Can you calculate what 12 independent recollection of Prianka Bose's poor
13 the medi-an is? 13 perfomance on Exam Number 3, you didn't actually
14 MS. KRUPICKA: I thought You said 14 have an independent recollection of it' did you?

15 you wanted the average. 15 A. You mean from sønebody else,

16 MR. TII'440NS: I said the median. 16 independent?

i? MS. KRUPICKA: Okay. 11 0. From sonrething besides looking at your

1B MR. TIMM0NS: I sPecifrcallY did iB grade roster?

19 not ask about. lhe mean because mean is 19 A.
No, T dìdn't have anything else, no.
2l statistically a nLisleading number' 20 Okay. And your grade roster -- your
0.
21 MS. KRUPICKA: OkaY. 21 electronic grade roster lvas \^rrong' correct?
22 A, I don't know exactl-y what to do with 22 A. Yes, yes, it was.
Z3 this. I-€t ne see. 23 0. And your written grade roster you clairn
24 0, Median is the fiftieth percentile, Dr. 2n is changed lo a 14, but it reflects a grade that
85 87

1 Bea t is aclually consistent with the exam itself if

A. Fiftieth percentile. Bul you al-ready 2 you add back the three points for this last
have calculated, do I really have to spend time 3 question, righl?
doing this? If you are kind, you can tell me the 4 A. f,rlell, if you are adding those points,
number and I don't have to go through all of 5 yes.
this. 6 Q. As we sit here today, it remains your
? MS. KRUPICKA: I think Sanantha has I contention that Prianka Bose changed her grade
I it. 8 from a 74 by three points lo a 11, correct?
9 A. I would appreciate it because there is 9 A. That's correct.
10 no reason for us spending tirne on this. If you 10 0, That's what you think happened?

11 want to make a point/ just nnke a point' 11 A. Along with MidTerm Number 2, along with
12 0. Dr. Bea, this is your deposition. I'm 12 the extra -- along with Nwber 4 too.
13 asking just the questions. I'm asking you if you 13 0. AII right. Dr. Bea, what do you contend
14 can telt me what the fiftleth percentile was for 14 that Prianka scored on MÌdTerm Nunber 2?
1s this exam thal you testified that Prianka Bose 15 A, Nwrber 2, it was 93 Points'
16 suddenly and without warning dropped fron grades 16 0. Is that MidTerm Nwnber 2?
1? in the 90's to the second lowest grade in your 1l A. Il is.
1B class? 1B 0. Does that reflecL 93 points' Dr' Bea?
19 MS. KRUPICKA: I have no idea what i9 A. It's not 99 either.
20 Lhat çestion is. 21 0. What does it reflect' Dr' Bea?
2t MR. TIMMCI,IS: That's okaY. 21 A. It reflects 9?.
22 MS. KRUPICKA: If You want hjm to 22 a. So your written grade roster is again --
23 do lhe calculation, then he can do it. 23 A, Incorrect.
24 If he doesn't do the calculation' 24 0. -- incorrect, and your eJ,eclronic grade
B6 B8
 Case 2:16-cv-02308-JTF-tmp Document 121-1 Filed 01/04/18 Page 13 of 18 PageID
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I rosler is again incorrect, right-? 0. AII righl.

2 A. Incorrect, yes. lß. KRUPICÍ.A: I thought Ms. Bose

3 Q. Thal is actually MidTerm Nr-nrJcer 2' 3 did produce Q:j.z 4,

a right? 4 MR. TIIVIMONS: I don't believe so.
5 A. ' Thatrs correct. 5 MS. KRUP]CI'A: 0r was it Ouiz 3?
6 Q. lfhere she scored a 97? 6 MR. TIMMONS: T think we had Quiz 3

? A. Thatls correct. 1 but nol QuLz 4.

s O. So it's your conlention that she changed B II{S. KRUPICIG: Okay, Therers a

t her grade of a 97 to a 99? 9 Quiz 4.

10 -4. Thal's correcl. 10 MR. TIMMONS: Do we have Quiz 4?

11 A. And that you were mistaken about the 93? 11 MS. KRUPICKA: YCS.

12 just
12 A, Yes, that's correct. MR. PEEPLES: Give me a

13 0. So she -- in your version of events, 13 second, and I'lI give you the Bates
t4 Prianka Bose is J.yinq and cheating by charging 14 numbers. My compuler is being slow. I
15 her grade by two points and you're srnply 15 apologize. It's 432.
16 mistaken when your roster is off by four pcints? 16 MR. TIMMONS: Letrs tnove on so

11 A. Yes, lt looks like that' 11 we're not burning taPe here.

1B MR. TIMMoI'ìSI Can we rnark that the 1B 0. (By Mr, Tinrïons) So, Dr. Bea, this

19 next exhibit, Please? 19 written grade rosler was something you presented

20 (lirlhereupon, lhe above-mentioned 20 to the Honor Council as signrficanl evidence of

2I document was marked as Exhibit Number I z1 Prianka Bose cheating' correct?

22 to the testi¡pny of the witness.) 22 A. It was one of the evidencesf yes.
23 0. (By Mr. Tjnmons) Now, do you have a 23 0. You presented your electronic grade
24 copy of Quiz 4? 24 roster for contrast, correct?
B9 91

1 A. Me, no. 1 A. ThaL's correct.

2 Q, Do you have a copy of exlra credit -- 2 Q. And both of those documents appear to

3 A. Pop 0uiz Nr¡rber 3? 3 have inaccurate numbers on them for at least two
4 Q. Pop Qriiz Nunber 3' Yes. 4 documents, right?
5 A. No, I donrt. 5 A. That's correct.
6 Q. Okay. So if Ms. Bose does not have 6 Q. And you had no independent recollection
? copies of lhose two quizzes, we have no way of i of what she actually scored on Exam Number 3, did
B venfying these grades, correct? I you?
9 A. liell, certainlY, correct' 9 A. Again, I have accurate recollection.
10 0. There's no nothing else out there we can 10 When I read these grades to her, she didn't
tt look at? 11 conplarn at all; and, therefore, prior to the

12 A. No. I don'l make copies of my -- the 12 time, she thought they were fine, But apart frcm
13 exams, 13 thatr no, I don't have a recolfection.
14, 0. that she changed four of
So you claim 14 0. Now, on Page 16 of the Honor Council

1s the grades on this handwritten grading roster' ts hearing transcript,, Dr. Bea, there you said that
16 correct? 16 you noticed that the 47 was not 47 anynore' it

11 A. Thatls correct. 1? was 7?, so you opened your electronic roster and
18 A. You are adniltedly mistaken about two of 18 realized that there were four different grades

i9 those grades? 19 according to the one that you in your electronic

2C A. That's correct. 20 that were changed in the paper one'

21 0. And we don't have any way of verifying 21 A. Uh-huh.

22 the other two, do we? 22 0. Not only was the 4? changed to 77, but
23 A. Again, if you don't have the original 23 lhere were anolher three that you can see

24 exam or copyr no.

a 24 examples of having there they were also
o)
 Case 2:16-cv-02308-JTF-tmp Document 121-1 Filed 01/04/18 Page 14 of 18 PageID
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91

1. MS. KRUPICKA: Obiection to the 1 the record at L:12 with tape three'
2 form of the question. 2 Q. Tinnons) Dr. Bea, You
(By Mtr.

3 Q. (By Mr. Tinrnons) You can ansvrer. 3 understand you're still under oath' right?
4 A. Because thal's actually what was in my 4 A. Yes, Ì understand'
5 nLind. Remember 47 was the m¡nber that I t+as 5 Q. Let me pass you another document. Can

6 having in my mi-nd that it was her grade. Thatrs e you idenlify that document for re, Dr. Bea?

? what I thought, il was 47, because afler a 7 A. This is the Quiz Nu¡nber 5' Lel me see'

B nristake -- that.'s the nunber I vras using' B Oh, this is -- yeah, this is the fake answer key
9 l,ater when I realized, oh, my God, it's 9 for Quiz Number 5.

10 not 4?, lL's 77, T noticed that there tttas some 10 0. So this was Lhe answer key that you
11 kind of errors there, and that's when I noticed tt clairn to have prepared before -- I think you said
12 you prepared j-t over the Thanksgiving break, is
12 the olher ones.
13 So, Dr. Bea, you just testified that you
O. t3 that right?
14 opened both of these documents simultaneously to i4 A. That's correct' Yes'
15 transfer grades, right? 15 0. Now,after you prepared thi's fake answer
16 A. Yes. 16 keyr what did you do with it?
1? 0. Okay. And here to the Honor Council on 1? A. Usually, the very first thing I prepare
1B DeceÍìber 17th of 2015, you testified that you 1B vrhenI am creating a new exam is creating the
19 checked -- electronic roster to check
opened the L9 answer key, so T proceed the same way. I iust

20 because you noticed that the 47 thal you believed 20 started with a fomat that I already have for ny
21 to have been there had been changed to a'7'l? 21 exaÍ6f and then I lust copy the çestions I was
22 A. I believed it was 47. zz going to ask for Quiz Number 5, and frcxn there I
23 A. Yet, You have no indePendent 23 start buiÌding the fake ansr\,ers for these
24 recollection of the fact lhat she earned or 24 guestions.
97 99

1 dÍdn't earn a 47 or a 14? 1 Q. How did you decide what answers to nnke

2 A. Again, the onJ-y thing I have is -- well, 2 fake?

3 it's a -- 3 A. I was iust creating questions.

4 I'm sorrY. Are You

MS. KRUPICKA: 4 Certainty the NMR is quite easy lo make fake
5 asking about an independent recollection 5 ansv¡ers because the NMR can be -- could be two
6 of 14 or 77 ot a 4l or what? 6 possible answers. This is one of them, which is
? MR. TIMMO'IS: I'm asking if he has I the fake one, and then there is the rrghl one.
I an independent recollection of her s So I created the one that contains the
g grade at alÌ. 9 fake one. The other questions were just sirply
'lrl MS. KRUPICKA: I think he's 10 giving the reaction that I have created from the

11 testified multiple tj¡es that he does 11 right answer and making multiplications that are

12 not. So can we move on? i2 noL correct.

13 A. Yeah, it's 47. That's what I thought it 13 0. Now, I believe you testified in the June

14 was, 14 21Lh hearing in Federal Court that all of these

15 MR. TIMM0NS: I'm moving to a 15 anstvers v¡ere reasonable answersi they were just
1"6 ccxnpletety different line of testinony 16 incorrect, is that right?
11 at this point. Do you all t,rlant to stop 11 A. firsl one actually is correct, The
The

18 for lunch? 18 other is -- well, I wanted to make it credible.

19 MS. KRUPICKA: VûhY don't we? i9 I r^¡anted to make if you see the guestion makes
20 MR. TIItS4OiSl Let's do that. 20 corlplete sense that coul"d be a potential answer

21 THE VIDEOGRAPHER: VrTe're off the 21 even though they are incorrect.
22 record at 1"2:05' 22 If they ri\rere very' veryr very different
23 (Lunch Recess) 23 to the potential answerf it would be clear that

24 THE VIDEOGFAPHER: We're back on 24 they are not correct.

98 100
 Case 2:16-cv-02308-JTF-tmp Document 121-1 Filed 01/04/18 Page 15 of 18 PageID 101
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i Q. Did you grade your own fake answer key? 1 to the testimony of the witness.)
2 A. My orm answer key? 2 Q. (By !fr. Tinrnons) I don't have any other
3 Q. Yes. 3 çestions about it, Dr. Bea.
4 A. I could have graded it, yes. 4 Let me pass you another document. Do
5 Q. What grade would this be? 5 you recognize that B-Mail from Claire Shapiro to
6 A. I think i-t was 16 or 11 points. 6 you?
I Q. Out of? 7 A. Yes, I recognizeit.
o ,î, B MR. TIII0{ONS: I'd like to nnke that
^
9 Iß. TIIIMONS: Let me make that the 9 the next exhi-bit.
10 next exhibit, please. 10 (Whereupon, the above-mentioned
11 the above-mentioned
(ülhereupon, 11 docunent was marked asExhibit Nr:nrber 11
12 docr¡nent was marked as Exhibit Nu'nber 9 12 to the testimony of the witness.)
13 to the testimony of the witness.) 13 0. (By Mr. Tjnrnons) Dr. Bea, I'm going to
14 0. (By m. Tjnrnons) What did you do with 14 pass you another docunent. Do you recognize that
15 the document, the original electronic document 15 E-t{ail from yourself to John Blaisdell?
16 after you created it? 16 A. Yes, yes, I do.
fl A. You mean from the fake answer key? 11 MR. TIMMONS: I'd l-ike to make that
18 O. Yes. 18 the next exhibit.
19 A. lÍhat I dj-d was place ì-t in the same 19 (lrlhereupon, the above-mentioned
20 place I used to do with the other real answer 20 document was marked as Exhibit Ntmber 12

21 keysf which is in the center of my desk top on 2I to the testìmony of the witness.)
22 the conputer. 22 0. (By l4r. Tfumons) Dr. Bea, I have
23 O. Do you always keep your ansv,/er keys in 23 another docr¡nent. Do you recognize this E-t{ail
24 the center of your desk top on your conputer? 24 from yourself to John Blaisdell?
101 103

1 A. While the exam is on' yes/ or while I'm 1 A. Yes, yes, I recognize that.
2 preparing next tìme, yes' because that's an easy 2 !R, TIltMOliS: Let's make that the
3 way for me to do that. 3 next exhibit.
4 Q. lfhat do you do with them after you're 4 (Whereupon, the above-mentioned

5 done? 5 docr¡nent was nnrked as Exhibit Nurber 13

6 A. I a folder which is called organic
have 6 to lhe testjmony of the witness')
7 chenistry, and usually it is with the year. In ? Q. (By Mr. Tirrnons) Dr. Bea, was this the
s this case it was fall 2015, and I have inside B first E-Mail that you sent to anyone initiating
9 folders where they have different sections. One 9 the Honor Council process against Prianka Bose?
10 is them is exams and other quizzes and just 10 A. I think I sent first one to Kalhleen
11 transfer it into the çizzes folder. 11 Laakso, but she wasn't in the office' and that's
12 0. Is that what you nornnllY do? 12 why I sent this one to Dr. Blaisdell.
13 A. Yes, that's what I usually would do. 13 0. 0kay. So this -- an I correct in saying
14 O. Let me pass you another document. Dr. 14 that this is the E-Mail that initiated the entire
15 Bea, do you recognize this E-Mail thread between 15 Honor Council process?
16 yourself and Whitney Harmon? 16 A. Yes, yes/ it was.
fl A. Yes, I recognize it, Yes. 1? 0. And in this E-MaiI you state that she
1B A. Between yourself, Claire Shapiro and 1B got -- she being Prianka Bose -- got top of the

19 llhitney Harmon? 19 class grades for al"l exams and quizzes until the
20 A. Yes. 20 moment I off my computer and she failed
logged
2I MR. TIMMONS: I'd to nnke that the 21 the exam she took in my office.
22 next exhibit. 22 You're referring there to MidTerm Nunber
23 (Whereupon, the above-mentioned 23 3f correct?
24 docwnent was marked as Exhibit Nrrrber 10 24 A. Well, it should be because the points
ro2 104
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1 Õccllrred to that if a student

hrm relaLionship?
2 reported hjrn for sexual harassment it MS. KRUPICKA: Objectì-on to the
3 could affect his tenure even though he form of the question.
4 didn't harass anyone? I mean, I don't A. I thjnk I already mentioned that I
5 understand -- 5 dÍd -- it wasn't realJ-y -- it was kind of an
6 MR. TIlttMo{S; Ms. Krupicka, I'm not 6 advice because there was nothing, nolhing to be
1 going to accept the proposition that he ? reporLed, and because there was nothing hrrongf I
I didn't harass anyone' but I arn going to e advised her just to be careful because she coul-d
9 ask hirn if he understood the 9 say something that never happened, and I believe
i0 school's policy. 10 thatrs what she did.
11 MS. KRUPICKA; tr{el}, lhat's what 11 0. And then right after lhat you said, do
12 this lawsuit is about, and ilrs prenúsed 12 you think I'm going to put in jeopardy my lenure
1"1 on that assumption. So your guestions 13 because of you, righl?
14 don't make sense, at that tj¡re -- 14 A. Yes, I sald that, yes.
15 MR. TI}4[IONS: I'm sorrY that they 15 0. So at that point in time you were
16 don't make sense to you, Ms. Krupicka. i6 definitely aware of the fact that your tenure
11 If they don't nnke sense to hjrn' I'lI i? night be jeopardized by any reports nnde by Ms.
1B ask hjrn to clarify. 1B Bose about sexual harassment against you?
19 MS. XRUPICKA: Well, theY're 19 MS, KRUPICKA; Objection to the
20 objectionable, and my objection is 20 form of the question, Go ahead.
21 stated for the record. 21 A. By false reports. Actually, that is
22 MR. TII440NS: I understand. 22 what is happening r:-ght now. There are false
23 THB !{Ill,lESS: So I should answer 23 reports of sexual harassment, and here we are
24 it, correct? 24 because of those incorrect or those faLse
L3t 139

1 MS. KRUPICKA: trfhY don't You have 1 statements about sexual harassment'
2 the court reporter read it back? 2 Q. just to be clear, Dr' Bea' with
So
3 THE WITî{ESS: So -- 3 regard to all of the assignrnents thal Ms. Bose
4 MS. KRUPTCÍ'A: Let the court 4 took in your class, have we discussed every one
5 reporLer read the guestion back. ¡ of those today that you allege she cheated on?
6 THE WITNESS: 0kaY' sorrY. 6 A. No, no, no, I didn't allege her to
? (!Ùhereupon, the court reporler read 7 cheat, not at all. The only lhing I did ras put
s back the previous question.) B in a fake answer key on the computer.
9 A. Wel.l, it didn't come to my nLind because' 9 I didn't put anything to tell her to use
10 as I saj-d, I didn't do anything incorrecU and, 10 that answer key. It was voJunteer. She by
11 therefore, the ,last thing I was thinking is 11 herself¡ by her ovrn will, took my computer or
12 about, oh, my God, there is going to be kind of a i2 used my coÍputer/ printed or took that answer

13report against me. 13 key, and she coPying the exa¡n'

14 So, no, it dldn't rnind. I

come to mY 14 I didn't do anything just to catch her.
15 kne\^¡ there was a Title IX, I knev¡ what Title 15 She was the one doing all these things.
16 IX -- I knei{ there was this kind of possible 16 0. tuid then you made changes to that answer

1i reporl, but at that tjme, no, it didn't come to 1? key after Ms. Bose last had the opportunity to
1B my mind because there was nothing to be afraid of 1B access it, correct?
19 or nothing to be concerned about. I didnrt do 19 MS. KRUPICKA: Objection to the
20 anything. 20 form of the çestion.
21 0.Dr. Bea, when Ms. Bose starLed to 21 0. Mr. TiÍtnons) You can answer it.
(By

22 testify about this al-leged incident in the Honor 22 A. There was a modlfication, but the answer
23 Council proceeding, why did you cut her off and 23 key was created right after -- I mean¡ quite a

24 sayf careful, what you say in close or not close 24 few days before the exam. So I created the
138 140
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i ansr,ller key before, i I'm going to have you look al, and we'lJ- just
2 Q. Dr. Bea, I want to be very clear on this 2 find a hard copy and substitute it, but let's go

3 point. After Ms. Bose look Quiz Nunber 5 -- 3 ahead --

4 A. Uh-huh. 4 MR. TIIIMONS: If you can give me

5 Q. -- that's the çiz for which you created 5 the Bates nurnber, I'11 print it?
6 a fake ansr,rer keyf yes? 6 ¡4R. PEEPLES It's Rhodes 1400 is
I A. Yes. 1 the Bates number, 01400.
s Q.
After she took that, you rnodified Ouiz I MR. TIMMO{S: I was just going to
9 Number 5's fake answer key, correct? 9 ask if you would go print that so ne can
10 A. Wel1, certainly the computer shows that. 10 make it an exhrbit?
11 A. Did you do that? 11 MS. SAIV1ANTTIA I4ARD: AII right.
12 A, UsuaIIy, when I bring my answer keys, I 12 MS. KRUPICí'A; That wrll be 20,
13 râke modifications. 13 right?
14 0. Dr. Bea, would you please answer my t4 MS. SAIvIANTHA lfARDr Is it just one

t5 qreslion yes or no? 15 neno?

i6 MS. KRUPICKA: He just answered the i6 tt{S. KRUPICKA; No, itrs like five
1l guestion. 1? pages, I Lhink.
18 0. (By Mr. Tjnrnons) Yes or no, did you 18 lß. SAlt{A},trTHA ViARD: I want to make

tl modify the fake answer key after Prianka Bose 19 sure I get it all.
20 took the çiz? 20 MS. KRUPICKA: It goes through --
2t MS. KRUPICKA¡ He was in the 2I what is the last number?

22 process of answering it when you cut him 22 MR. PEEPLES: It's through 1403' I
23 off. 23 think.
24 A. The answer is, well, the cunpuler shows 24 MS. KRUPICKAI So it's three pages.
r41 L43

I that I did. 1 (flhereupon, the above-mentioned

2 0. You did, didn't you? 2 docurents were marked as Exhiþit Number
3 A. The computer shows that I did' 3 20 to the testjrony of the witness.)
4 0. I'm nol asking what the ccxtpuler showst 4 Q. (By ùls. K'rupicka) Dr. Bose (sic.), ca¡

5 Dr. Bea. f'rn asking if you did modify the fake 5 you --
6 answer key? 6 MR. TIMII{ONS: Dr, tsea.

1 A. I changed the size of some frgures. ? MS. KRUPICI/'A: Now I did it'
B 0. Is that a yes? I Q. (By Ms. Krupicka) Dr. Beaf can I ask

9 A. Is it a yes. 9 you to identify what I have just handed you and

10 0. AII right. Thank You. 10 has been nnrked as Exhibit 20?
11 MR. TIMMONS: I donrt have anYbhing 11 A. This is Ouiz Nunber 4 that Prianka Bose
T2 else. 12 took in my cl-ass, Organic IL
1J MS. KRUPICKA: Iet's lake a quick 13 0. And what's the grade on that?
I4 break, and we're goj.ng to have a few 14 A. 23 out of 25.
15 çestions. 15 0. I would like to turn your attention to
16 THB VIDEOGRAPIIER: Off the reÇord 16 Exhibits 6 and 7.
T1 at 2:01. 1l A. Uh-huh.
1B (Brief Recess) 18 A. And is the grade for Quiz 4 -*
19 THE VIDEOGRAPHER: We're back on i9 A. It.'s 27, and it's supposed to be 23.
20 the record at 2tI5. 20 0. Okay. And what about on your electronic
21 CROSS EXAIqINATIOI{ 21 roster?
22 BY }4S. KRUPICKA: 22 A. Tt says 23.

23 0. Dr. Bea, I just have a few questions for 23 0. And 23 is the correct grade' is that
24 you. lfe have an elecLronic copy of Quiz 4 that 24 right?
LS2 L44
 Case 2:16-cv-02308-JTF-tmp Document 121-1 Filed 01/04/18 Page 18 of 18 PageID
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145

1 A. Itrs correct. 1 to explain the reasons why. So since the figures

2 Q. So if you could look at Quiz 4 and just 2 that I created, they were too big, they were
3 explain everyEhing that is here. Therers a 27, 3 occup¡zing different pages.
4 there's a strike through, and then there's a 4 So instead of having one or two pages/
5 Nunber 23. How did that come about, if you know? 5 there were at least four or five. So what I did
6 A. Yeah. Iithen I was just checking the 6 was just re-did the figures in order to fit in
I grades, because T realized that something was ? lust one or tlrro pages, because otherwi-se it would
B tllrong, I realized that Quiz Number 4 has a 2"1. B be too many pages.
9 So what I did was just scratch it, and then I 9 I save Pages that waYr and then I
10 just added the accurate grade, which it was 23 10 printed trlto pages rather than one.
11 according to my records/ my electronic records. 11 0. Did you do anything to change the

12 0. So you were using eleclronic record to 12 substance of the answers on the fake answer key?
13 correct your written record? 13 A. No, I didn't do any changes like that.
14 A. Yes, that's what I do. 14 MS. KRUPICKAI Thatls aLlI have.
15 0. Okay. When did you creale the fake 15 THE VIDEOGRAPHER; !!e are off the
16 answer key that you discussed on Quiz 5? 16 record at 2:21r four taPes.

1? A, Usually, J make exams -- first the i? A\]D ruRTHER DEPO'{ENT SA]TH NO{'

18 anshrer keys during weekends or holidays because 1B

19 I have perfect lime to do that, and usually it's 19

2ü
20 before exams.
2I So in this case I think I created during
'¿t

'¿¿
22 the Thanksgiving weekend.
23 O. I'm going to hand you Exhibit Number 2,
24 the LOGICFORCE expert report. It
'¿q
states the
145 r4l

1 docünent was created on tl-26-71 at 9:43 -- 15 -- AMENDMENT SHEET

2 a.m. -- t'm sorry IL-26t iL should be 15' at 9:43 I, ThE UTìdETSigNEd, ROBERTO DE IÃ SALUD BEA
wAl-LS, do hereby certify that r have read Lhe
3 a.m foregoing testjrony and to the best.of my
knowledde i.t .i s true and accurâte witÌì Lhe
A. Yes. excepLión of Lhe foLlowing correchíons l-jsted
{ below:
5 Q. Is that correct? Does thal nntch your 5
PAGE,/],INE CORRECTTONS (PIEASE PTiNI)
6 recollection? b

'/ A. Yes, that's correctf which I think

a probably fal"ls on the Thanksgiving week. U-
9 9-
Q. And whatdid you do on Decenrber 2nd to
10 nrodify the document, the fake answer key?
11 A, Usually, when I create answer keys, not 11

t2 just the fake, all the answer keys, I use tvro L2-
13 programs. One of them is called the ChemDraw' -
14 C-H-E-M' Chem, and then Draw for drawing, 14'-
15 CheûìDraw, and also ülord.
15--
16 So in ChernDraw I creale the figures that 16'-
1? I'm going to be copying and pasting to the Word I/
18 document -- 1U

19 I'm happy for you to answer thal, but }y - ffi

O. STATE OF TENNESSEE:
Zt) COTJ¡,ITY OF SHETBY:
20 that was reallY not mY question. Subscrjjred to before re on this, the
tt
21 A. OkaY. &y-of _, 2017.
22 a. I asked r,ùìat you did on Decerrber
'¿2
2nd at
23 10;29 a.m. to modify the fake answer key? Notary Puþ'Lf,c
24 A. Okay. So what I did was since -- I try 24 My comtrission Expires:
146 148