Investigation

Redacted to Protect Student Privacy
REPORT OF INVESTIGATIVE COUNSEL

REGARDING
BASKETBALL COACH, SCOTT WEITZELL
UNIVERSITY OF NEW HAMPSHIRE
MARCH 27, 2015
Michael A. Delaney, Esquire

McLane, Graf, Raulerson & Middleton,
Professional Association
900 Elm Street, P.O. Box 326
Manchester, NH 03105-0326
(603) 625-6464
IN RECOGNITION OF THE INTERESTS OF THE PRIVACY OF STUDENTS,

REFERENCES TO STUDENT NAMES, PLACES AND OTHER PERSONALLY
IDENTIFIABLE INFORMATION ASSOCIATED WITH STUDENTS HAVE BEEN
SUBSTITUTED WITH GENERIC TITLES IN THIS REPORT. THE REPORT ALSO
CONTAINS REDACTIONS RELATED TO OTHER INFORMATION WHOSE
DISCLOSURE WOULD CONSTITUTE AN INVASION OF THE PRIVACY OF
STUDENTS.
TABLE OF CONTENTS
Page
I.
INTRODUCTION AND SCOPE OF THE INVESTIGATION....................................4
II.
TIMELINE OF SIGNIFICANT EVENTS......................................................................9
III.
APPLICABLE FEDERAL AND STATE LAW AND UNH POLICIES....................12
IV.
V.
A.
Title IX Of The Educational Amendments Of 1972 (Title IX) ....................12
B.
The Federal Clery Act .........................................................................................13
C.
UNH Discrimination and Discriminatory Harassment Policy ........................15
THE 2013-2014 UNH MENS BASKETBALL COACHING AND ATHLETIC

TRAINING STAFF .........................................................................................................16
A.
The UNH Mens Basketball Coaching Staff......................................................16
B.
Meg Lesnikoski - The Athletic Trainer For The 2013-2014 Mens

Basketball Team...................................................................................................17
C.
Scott Weitzells Official Duties As Director Of Basketball Operations..........17

1.
Finances And Budgeting..........................................................................18
2.
Practices ....................................................................................................18
3.
Home Games.............................................................................................18
4.
Away Games .............................................................................................19
5.
Summer Camps And Golf Tournaments...............................................20
D.
Scott Weitzells Background And Reputation At UNH ...................................20
E.
Scott Weitzells Assumed, Unofficial Roles Mentoring Disadvantaged

African American Student Athletes ...................................................................22
CONCERNS AND RUMORS ABOUT WEITZELLS CONDUCT TOWARD

CURRENT AND FORMER UNH BASKETBALL PLAYERS..................................24
A.
Weitzells Interaction With Student Athletes As A Peer .................................25
B.
Weitzells Interaction With Student Athletes As A Parental Figure ..............25
Page 1 of 68
VI.
C.
Player 2 Was Warned To Stay Away From Weitzell During His

Freshman Year.....................................................................................................26
D.
Ryan Herrions Past Observations Of Weitzells Relationship With

Teammates............................................................................................................26
E.
Rumors About Weitzell Videotaping Former Players .....................................27
WEITZELLS RECORDING OF PLAYERS AND INAPPROPRIATE

CONTACTS DURING THE 2013-2014 SEASON .......................................................28
A.
Towson GameDecember 30, 2013.....................................................................28
B.
Vermont GameJanuary 20, 2014......................................................................29

Weitzells Recording Of Student Athletes In The Vermont
Locker Room ............................................................................................29
2.
Meg Lesnikoskis Observations Of Player 12 As He Exited The

Vermont Locker Room............................................................................31
3.
Conversations Between The Players On The Bus About

Weitzells Conduct ...................................................................................31
C.
January 21, 2014 Report To Meg Lesnikoski....................................................32
D.
Team Discussions Following The Vermont Game ............................................34
E.
UMBC GameFebruary 5, 2014.........................................................................35
F.
Stony Brook GameFebruary 8, 2014................................................................36
G.
VII.
1.
1.
Player 5s Visit To Weitzells Hotel Room ............................................36
2.
Weitzells Recording Of Student Athletes In The Locker Room

After The Stony Brook Game .................................................................38
Bathroom Incident At Hartford Game-February 15, 2014 .............................39
NOTIFICATION OF CONCERNS ABOUT WEITZELL IN

JANUARY AND FEBRUARY 2014 ..............................................................................39
1.
Player 1s Discussion With Persons........................................................39
2.
Player 3s Discussion With His Parents .................................................41
VIII. DELAYED REPORTING OF WEITZELLS MISCONDUCT .................................42

A.
Home Game Against VermontFebruary 19, 2014 ..........................................42
Page 2 of 68
B.
Lesnikoskis Report To Jon Dana On February 20, 2014................................43
C.
Discussion Between Bill Herrion And Sean McDonnell Regarding

Weitzell..................................................................................................................44
D.
Student Athletes Rationale For Not Reporting................................................44
IX.
TRAINING ON BEHAVIORAL EXPECTATIONS AND REPORTING

OBLIGATIONS ...............................................................................................................48
X.
FINDINGS AND RECOMMENDATIONS ..................................................................49

A.
B.
Findings.................................................................................................................49
1.
Pervasive Reluctance To Report Weitzell..............................................49
2.
Reporting Obligations Under UNH Policy ............................................51
3.
Notification Of Concerns About Weitzell ..............................54
4.
The Clery Act ...........................................................................................55
5.
Boundary Violations And Assumed Roles.............................................56
6.
Training ....................................................................................................57
Recommendations ................................................................................................57
Page 3 of 68
I.
INTRODUCTION AND SCOPE OF THE INVESTIGATION

Scott Weitzell, age 50, served as the part-time Director of Basketball Operations for the
University of New Hampshire (UNH) Mens Basketball Team (Team) from 2002-2014. On
January 20, 2014, four UNH basketball players observed Weitzell recording players with his
iPhone in the locker room after a basketball game at the University of Vermont. Weitzell
recorded the players unclothed as they exited the showers and changed into street clothes.
On the next day after practice, two players notified the teams athletic trainer, Meg
Lesnikoski, about the incident when she initiated a conversation by asking them what was
wrong. They described what they observed, and they asked Lesnikoski not to report the incident
to the teams coaches or her superiors. Despite their observations, the players were not sure they
had sufficient evidence to implicate Weitzell, and they felt uncomfortable approaching the
coaches about Weitzell, who they viewed as one of the coaches, not a part-time employee.
Lesnikoski had served as an athletic trainer at UNH for five years, but it was her first season
working with the basketball team. She was in the process of building relationships with the team,
and she had not developed close professional relationships with the basketball coaches. She was
conflicted, scared and uncertain about what to do with the troubling information she received.
She also had not been provided with adequate training regarding UNHs policies on reporting
obligations. Despite knowing she had a reporting obligation, Lesnikoski initially honored the
players request not to disclose the information.
Both before and after the January 20th game at Vermont, many UNH basketball players
heard rumors or suspicions about Weitzell having attempted to record former players in the
locker room in prior years. When they first joined the team, some rookie players were cautioned
by veteran players to stay away from Weitzell or be careful around him. Some players joked
and/or harbored concerns that Weitzell developed particularly close relationships with his
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favorite student athletes on the team. Weitzell gravitated toward a couple of players each year
who were disadvantaged African American players on the team with less stable family support
systems and no connections to UNH. Weitzell offered these players extra assistance and paid
more attention to them.
During the next several weeks, the majority of the team participated in discussions about
the teams knowledge and/or suspicions that Weitzell was recording players in the locker room.
On February 8, 2014, several players observed Weitzell recording student athletes in the locker
room after another away basketball game. On that road trip, Weitzell also invited one player to
his hotel room. When the player arrived, Weitzell closed the door and was drinking a beer. He
invited the player to sit on Weitzells bed, made suggestive comments to the player that made the
player feel uncomfortable, and touched the player on the knee, causing the player to make an
excuse to leave the hotel room to extricate himself from Weitzells presence. Many players
discussed this hotel room incident shortly after it happened. Another player regularly visited
Weitzells hotel room, and Weitzell made a habit of rubbing the players thigh while reclined on
Weitzells hotel bed watching TV, which made the player feel uncomfortable. None of the
players reported this information to any of the basketball coaches or Athletics Department
administrators. Around this time, two UNH basketball players independently expressed some
concerns about Weitzell
Neither
contacted UNHs administration, Athletics Department or basketball coaches.

On February 19, 2014, after a home game against Vermont, Lesnikoski and Player 2
discussed reporting Weitzells suspected misconduct. On the next day, on her own initiative,
Lesnikoski reported Weitzell to her boss, Head Athletic Trainer Jon Dana. Dana immediately
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notified Athletic Director Marty Scarano, who in turn, immediately notified Student Affairs, the
Presidents Office and the UNH police department.
On February 21, 2014, the Newmarket Police Department arrested Weitzell for resisting
arrest and destruction of evidence after the Newmarket and UNH police searched his residence
and recovered physical evidence that Weitzell had videotaped and photographed student athletes
with his phone. Weitzell unsuccessfully attempted to delete data from his phone when the police
arrived at his residence. The police recovered a large amount of still photographs and videotaped
images of UNH student athletes on Weitzells phone. Most of the images consisted of close-up
photographs of the nude buttocks of African American males in locker rooms. Through
investigation, the police identified most photographs as images of current or former UNH
basketball players. Some of the photos contained pictures of the exposed genitals of African
American males.
On February 21, 2014, UNH suspended Weitzell from his position, and on February 25,
2014, UNH terminated Weitzell. On June 23, 2014, in cooperation with the Strafford County
Attorneys Office, the UNH police charged Weitzell with three felony crimes of unlawful
wiretapping for making an audio and video record of conversations between three UNH players
without their consent on October 30, 2010. (Strafford County, 7th Circuit Court, Complaint Nos.
14-178-OF, 14-22-WA). Law enforcement authorities from multiple states have commenced
criminal investigations of Weitzells conduct in their jurisdictions.
UNH retained outside investigative counsel to conduct an internal investigation on March
13, 2014 with the objectives to: (1) analyze why reporting of Weitzells misconduct was delayed
between January 20, 2014February 20, 2014; (2) examine how allegations of incidents
involving Weitzell became known and were handled by UNH administrators, staff, faculty,
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coaches, athletic trainers and others; and (3) identify contributing factors that may have
precluded, frustrated or delayed the timely reporting of, and adequate response to, concerns and
rumors about Weitzell. The temporal scope of the investigation focused on the 2013-2014
basketball season, but some information from 2008-2012 was covered during interviews. The
ability to advance the investigation in the Spring of 2014 was limited based on instructions from
the County Attorneys Office to refrain from contacting certain witnesses in deference to the
ongoing criminal investigation.
During the investigation, investigative counsel and UNH Chief Human Resources
Officer-Associate VP Kathy Neils conducted 36 interviews of current and former UNH
administrators, faculty, coaches, staff; current and former UNH basketball players, members of
the UNH community, in person and by telephone.1 In addition, investigative counsel reviewed
thousands of pages of witness interviews and documents from the polices criminal investigation
of Weitzell. Investigative counsel also reviewed and analyzed applicable UNH policies and
procedures, UNHs preliminary investigation of Weitzell, personnel files and hundreds of pages
of documents, email communications, electronic data, public records and other records requested
during our investigation.2
UNH provided investigative counsel with access to all requested documents and
witnesses on campus. Investigative counsel worked cooperatively with UNHs Chief Human
Resources Officer-Associate VP as an investigation team, and the investigation team worked
independently from UNHs administrators and the Athletics Department coaches and staff. Most
witnesses cooperated with the investigation. One former player declined to be interviewed upon
1
2
Exhibit A, List of Witnesses Interviewed.

Exhibit B, List of Documents Reviewed.
Page 7 of 68
the advice of his counsel, after repeated requests for an interview for six months. Another
former player did not respond to requests for an interview.
The interviewers began each interview with a uniform introduction and an explanation
that we were conducting an investigation of incidents related to Weitzell on behalf of UNH. The
interviewers stressed that this investigation was separate from the criminal investigations of
Weitzell. Investigative counsel also informed persons interviewed that our role as investigators
was that of fact-finder. It was stressed that UNH was sincerely interested in learning the truth
about what happened and that the information gathered would be reported to UNH. The
interviewers asked persons interviewed to refrain from speaking about the interview with other
potential witnesses to ensure the integrity of the investigation process.
Most coaches and players interviewed by investigative counsel had completed prior
interviews with law enforcement investigators handling the criminal investigations of Weitzell.
Many witnesses had been interviewed on more than one prior occasion by different law
enforcement agencies investigating Weitzells conduct in various jurisdictions. Prosecutors
overseeing Weitzells criminal investigation instructed investigative counsel not to speak to any
of the UNH players for a period of several months in order to ensure that investigative counsels
inquiry did not interfere with or disrupt the ongoing criminal investigations. Investigative
counsel adhered to these instructions from law enforcement agencies and delayed completing
interviews until granted permission. When investigative counsel received permission from the
County Attorneys Office to interview the UNH players, many of the players had left the campus
for summer vacation, which further delayed completion of the interviews. During their
interviews, many players expressed some difficulty remembering certain facts. Some players
expressed difficulty distinguishing between whether they gained knowledge of certain facts prior
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to Weitzells arrest for criminal offenses, or whether they had learned certain facts during and as
a result of the criminal investigation of Weitzell.
This Report of Investigation summarizes and memorializes the investigation process,
findings and recommendations.
II.
TIMELINE OF SIGNIFICANT EVENTS
1994 2002
Weitzell serves as Head Basketball Coach for Newmarket High School.
August 15, 2002
UNH hires Weitzell as part-time Director of Basketball Operations for

UNH Mens Basketball Team.
2010 2014
Weitzell takes still photographs and makes audio and video recordings
of unclothed UNH basketball players at eight colleges in six states, as
substantiated by recorded images seized by the UNH police
department.
October 30, 2010

UNH Locker Room
Weitzell clandestinely makes an audio and video recording of three

unclothed UNH players in the locker room at UNH. None of the
players are aware the recording was made.
2011-2014
Some UNH basketball players discuss rumors about Weitzell using his
mobile phone to record players in the locker room.
Some UNH basketball players receive warnings from their teammates
who are upperclassmen to be careful around Weitzell.
Some UNH players joke about Weitzells weird or creepy demeanor
and use the slang term blade to reference Weitzells suspected sexual
orientation.
December 30, 2013

UNH at Towson
Three UNH players observe Weitzell pointing his phone at other

players in the locker room showers and they suspect Weitzell may be
recording the other players, but they are uncertain.
January 2014
Prior to Vermont
game
Player 3 confides in his parents about the teams suspicions that

Weitzell may be recording them in the locker room. Player 3s parents
advise their son not to report the matter to UNH without enough proof
and in the absence of physical evidence.
Page 9 of 68
Away Game
Prior to Vermont
game
Weitzell invites Player 4 to his hotel room, asks the player to sit on his
hotel bed to watch TV, and Weitzell rubs the players thigh in a manner
that makes the player feel uncomfortable.
January 20, 2014

UNH at Vermont
UNH players observe Weitzell using his iPhone to clandestinely record

unclothed UNH players in the locker room. Some are most certain of
their observations, while others are less certain. Many players discuss
the incident on the bus ride back to UNH.
January 21, 2014
Two UNH players tell the teams athletic trainer that Weitzell recorded
players in the locker room at the Vermont game. Both players implore
the trainer not to report the matter to UNH coaches or administrators.
February 5, 2014
UNH at UMBC
The athletic trainer overhears many UNH players in the hotel hallway
joking about locking their hotel doors to prevent access by Weitzell.
Player 2 advises the athletic trainer at dinner that he cannot leave
Player 4 behind after dinner alone with Weitzell.
February 8, 2014
UNH at Stony Brook
Weitzell invites Player 5 to come to his hotel room. While Weitzell

drinks a beer, he asks the player to sit on his bed, makes a joke about
being in bed with a man, and touches the players injured knee in a
manner that makes the player uncomfortable, and is perceived by the
player as an unwelcome advance. The player makes an excuse to leave
Weitzells hotel room.
Weitzell clandestinely records five UNH players walking unclothed
into the locker room showers after the game. The UNH players
contemporaneously discuss Weitzells unwelcome recording, and one
player makes a joke about it in the showers.
February 15, 2014

UNH at Hartford
A UNH player seated on a toilet shouts from a bathroom stall into the
locker room changing area to request his teammates not to enter the
bathroom area because the bathroom stall has no door. Weitzell is
present in the locker room and immediately defies the admonition and
enters the bathroom area, observes the UNH player seated on the toilet
and laughs at him. The UNH players are troubled by Weitzells
conduct.
February 16, 2014
A Player visits a Location. A Person is Job Title. The player tells Two
Persons that Weitzell is creepy. He also tells them Weitzell invited a
UNH player to sit on Weitzells hotel bed at the Stony Brook game. He
does not disclose any information about Weitzell having touched the
UNH players knee on the bed. The Persons encourage the player to
speak to the UNH Head Basketball Coach, but the player does not do
so.
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February 19, 2014

Vermont at UNH
Player 2 speaks to the athletic trainer after the game and advises her
that he intends to report Weitzells misconduct. Player 2 does not make
a report.
February 20, 2014
The athletic trainer reports to her supervisor the teams suspicions

about Weitzell having recorded them in the locker room at the January
20, 2014 game against Vermont.
Her supervisor immediately reports the matter to the Director of
Intercollegiate Athletics, who immediately reports the matter to the
Presidents Office and the UNH Police Department.
Security measures are taken to prevent Weitzells unsupervised access
to any UNH students.
February 21, 2014
The Newmarket Police Department arrests Weitzell for resisting arrest

and destruction of evidence after the Newmarket Police and the UNH
Police search his home for evidence of unauthorized recordings of
UNH student athletes.
UNH suspends Weitzell and prohibits his access to the UNH campus
and students.
February 25, 2014
UNH terminates Weitzells employment.
February 21, 2014

June 2014
The Strafford County Attorneys Office, the Newmarket Police

Department, the UNH Police Department, and 8 other out-of-state
jurisdictions investigate Weitzells recording of UNH student athletes.
UNH commences an internal investigation and Title IX review of
Weitzells behavior towards UNH students.
The Strafford County Attorneys Office instructs UNH not to interview
most critical witnesses to the Weitzell matter, including current and
former student athletes, in deference to the pending criminal
investigations.
March 12, 2014
UNH retains outside investigative counsel for an independent review

and investigation of UNHs reporting and handling of the Weitzell
matter.
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June 23, 2014
III.
Weitzell is charged with three felony crimes of unlawful wiretapping

for making an audio and video recording of three former UNH players
without their consent on October 30, 2010 (Strafford County, 7th
Circuit Court, Complaint Nos. 14-178-OF, 14-22 WA).
APPLICABLE FEDERAL AND STATE LAW AND UNH POLICIES

A.
Title IX Of The Educational Amendments Of 1972 (Title IX)
Sexual harassment is a form of sex discrimination prohibited by Title IX and is generally

referred to as hostile environment harassment.3 Sexual harassment is unwelcome conduct of a
sexual nature and can include unwelcome sexual advances, requests for sexual favors, and other
verbal, nonverbal, or physical conduct of a sexual nature, such as sexual assault or acts of sexual
violence. Sexual harassment generally does not extend to legitimate, nonsexual touching or other
nonsexual conduct. However, nonsexual conduct may take on sexual connotations and rise to the
level of sexual harassment depending on the frequency and nature of the physical conduct.
When an employee of a college is acting in the context of providing aid, benefits, and services to
students (generally when teaching, counseling, supervising, advising, and transporting students)
and engages in sexual harassment that denies or limits a students ability to participate in or
benefit from a college program on the basis of sex, the college is responsible for the
discriminatory conduct. The college is also responsible for remedying any effects of the
harassment on the victim, as well as for ending the harassment and preventing its recurrence.
Under Title IX, once a college has actual or constructive notice of possible sexual
harassment of students, it is responsible for determining what occurred and responding
Quid pro quo harassment, a second type of harassment recognized under Title IX, occurs when a teacher
conditions an educational decision or benefit based upon the students submission to unwelcome sexual conduct.
Quid pro quo harassment is not at issue in this investigation.
Page 12 of 68
appropriately.4 The appropriateness of the responsive action of the college is evaluated by

assessing whether it was prompt and effective. The college must conduct a prompt, thorough,
and impartial inquiry designed to reliably determine what occurred.
To determine whether a hostile environment based on sex exists, it must be determined
whether there was harassing conduct sufficiently severe or pervasive to deny or limit a students
ability to participate in or benefit from the colleges program based on sex. In determining
whether this denial or limitation has occurred, all relevant circumstances must be examined from
an objective and subjective perspective including: the types of harassment (e.g., whether it was
verbal or physical); the frequency, severity, and duration of the conduct (the more severe the
conduct, the less need there is to show a repetitive series of incidents to prove a hostile
environment, particularly if the harassment is physical); the age, sex, and relationship of the
individuals involved (e.g., teacher-student or student-student); number of individuals involved;
the setting and context in which the harassment occurred; whether other incidents have occurred
at the college; incidents of gender-based, but nonsexual harassment; and any other relevant
factors. It is the totality of the circumstances in which the behavior occurs that is critical in
determining whether a hostile environment exists.
B.
The Federal Clery Act
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics
Act, 20 U.S.C. 1092(f) (Clery Act), is a federal law applicable to any institution of higher
learning that participates in federal student financial aid programs. UNH participates in such
programs and must comply with the requirements of the Clery Act. The Clery Act is enforced by
This employee on student standard is distinguished from the student on student standard when a civil action is
brought pursuant to Title IX for monetary damages if it can be shown that the college knew about the harassment
and acted with deliberate indifference to such misconduct.
Page 13 of 68
the United States Department of Education, which has the authority to issue fines for violations
of the Clery Act or, in extreme cases, to end federal funding to the institution.
The Clery Act requires institutions to: (1) collect crime statistics relating to designated
crimes (Clery Crimes) occurring on designated locations associated with the institution; (2)
make timely warnings of certain Clery Crimes that pose an ongoing threat to the community;
and, (3) prepare and distribute to the campus community an annual safety report (ASR) that
contains the crime statistics described above, as well as other information about the institutions
safety policies and procedures. 20 U.S.C. 1092(f)(1), (3), (5). Institutions are required to
collect crime data from all Campus Security Authorities (CSAs). 20 U.S.C. 1092(f)(1)(F); 34
C.F.R. 668.46(a).
The Department of Education has broadly defined the term CSA to include the following
entities or individuals:
A campus police department or a campus security department of an institution;
Any individual or individuals who have responsibility for campus security, but
who do not constitute a campus police department or a campus security
department such as an individual who is responsible for monitoring entrance
into institutional property;
Any individual or organization specified in an institutions statement of campus

security policy as an individual or organization to which students and employees
should report criminal offenses; and
An official of an institution who has significant responsibility for student and

campus activities including, but not limited to, student housing, student discipline,
and campus judicial proceedings. 34 C.F.R. 668.46(a).
An official is defined as any person who has the authority and the duty to take action or
respond to particular issues on behalf of the institution. If someone has significant responsibility
for student and campus activities, he or she is a CSA. Examples of individuals who meet the
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criteria for being a CSA include: a dean of students, director of athletics, teacher, coach or a
faculty advisor to a student group. U.S. Dept. of Education, Clery Handbook, 74-75.
The Clery Act requires institutions to collect information about all Clery Crimes so that the
information can be used for reporting statistics to the public on an annual basis and determining
whether to issue timely warnings to the campus community. Clery Crimes include: murder,
manslaughter, forcible and non-forcible sex offenses, dating violence, domestic violence, sexual
assault, stalking, robbery, aggravated assault, motor vehicle theft, arson, and certain drug and
alcohol violations. 20 U.S.C. 1092(f)(1)(F)(i). The institution must collect and report the crime
if the information is reported to a CSA who believes that the allegation was made to him or her
in good faith. U.S. Dept. of Education, Clery Handbook, 73.
A determination of whether a Clery Act reporting obligation exists for an institution in
any circumstance will depend on the nature of the crime alleged and the duties of the employee
having knowledge of pertinent facts. Standing alone, the recording of student athletes without
clothing is not a crime within the Clery Act reporting obligations, unless the conduct implicates
other Clery-covered crimes such as, for example, forcible or non-forcible sex offenses. Conduct
that includes videotaping or photographing nude student athletes may trigger a reporting
obligation if the conduct occurs in connection with other Clery-covered crimes.
C.
UNH Discrimination and Discriminatory Harassment Policy
UNHs policy prohibiting sexual discrimination is the University of New Hampshire

Discrimination and Discriminatory Harassment Policy, Interpretation and Implementation
Policies (UNH.V.B.5.1.1). The policy prohibits any member of UNH from engaging in
discriminatory or harassing behavior within the jurisdiction of UNH that unjustly interferes with
any individuals required tasks, career opportunities, learning, or participation in university life.
This policy includes a detailed definition of discrimination and discriminatory behavior
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consistent with federal and state law. The policy provides explanatory illustrations of potential
discrimination and discriminatory harassment and identifies procedures for implementing the
policy. The policy identifies community resources and external resources available to individuals
who believe they are being subjected to discriminatory practices or discriminatory harassment. It
defines processes for members of the UNH community who believe they are being discriminated
against, or subjected to discriminatory harassment, to take action to address their complaint
informally or through a formal complaint process. Informal and formal complaint processes are
described thoroughly.
UNHs policy references state legal requirements that any instance of sexual harassment
of a student by an employee (faculty, administrator or staff) that comes to the attention of
another employee must be reported. Reporting will be to the Director of the Affirmative Action
and Equity Office. The policy does not address instances of sexual harassment of a student by
another student that comes to the attention of another employee (faculty, administrator or staff).
IV.
THE 2013-2014 UNH MENS BASKETBALL COACHING AND ATHLETIC

TRAINING STAFF
A.
The UNH Mens Basketball Coaching Staff

5
Bill Herrion has served as head coach of the UNH Mens Basketball Team for 10 years.
There are three assistant coaches. Assistant coach Chris Mohr has been at UNH for 10 years. His
duties are on-court instruction, game preparation and individual coaching. Ken Dempsey is in his
7th year as an assistant coach at UNH. Dempsey has over 30 years of experience coaching at the
collegiate level, and he focuses on recruiting. Mark Kuntz has served as an assistant coach since
October 2012 and he also focuses on recruiting.
A photograph and roster of the 2013-2014 UNH Mens Basketball Team is attached as Exhibit C. The 2013-2014
basketball schedule is attached as Exhibit D.
Page 16 of 68
Ryan Herrion, Bill Herrions son, played basketball at UNH from 2009-2012. He served
as the Adjunct Video Coordinator and runner for the 2013-2014 Mens Basketball Team. Ryan
Herrion did not provide on-court coaching instruction or engage in player development. This
year, Ryan Herrion serves as the new Director of Basketball Operations, replacing Scott
Weitzell.
B.
Meg Lesnikoski - The Athletic Trainer For The 2013-2014 Mens Basketball
Team
Meg Lesnikoski, age 27, has served as an athletic trainer at UNH for 5 years. The 20132014 season was the first year that she worked with the Mens Basketball Team. She thought the
basketball coaches were good people, but she had not developed close relationships with them. It
was harder for Lesnikoski to break into the basketball coaching staff as compared to the
coaching staff of other UNH teams she had worked with as a trainer, such as womens
volleyball, womens track and field, and womens soccer. She felt like an outsider on the team
because she did not know the coaches well and was the only female staff person around the team.
Lesnikoski did not have much of a relationship with Weitzell, other than communicating
regarding logistics and itinerary. She also interacted with him administratively regarding summer
camps where she worked as a trainer. The basketball players liked Lesnikoski very much, and
they expressed trust in approaching her. She was closer to their age, and they spent a lot of time
together in the training room because the team experienced so many injuries.
C.
Scott Weitzells Official Duties As Director Of Basketball Operations
Prior to his termination from UNH on February 25, 2014, 50 year-old Scott Weitzell
served as the part-time Director of Basketball Operations at UNH for approximately 12 years.
Weitzell had no formal written job description, and he was not formally evaluated because his
Page 17 of 68
position was part-time. One assistant coach succinctly summarized Weitzells official duties as
anything involving paperwork.
1.
Finances And Budgeting
Weitzell handled finances and managed the budget for the team. He purchased and
distributed equipment and gear. Bill Herrion did not play an active role in managing and
overseeing the budget, and he relied on Weitzell extensively in this area of administration. One
administrator noted that Weitzell was more involved in the oversight of budget and finances as
compared to other directors of operations for UNH sports. Weitzell had more discretion and
decision-making authority over the budget than his counterparts who managed the operations for
other UNH sports. Weitzell also offered private sector experience in managing finances and
budgets.
2.
Practices
Weitzell did not have an official role at practices. He could not coach the team per
NCAA rules. Because he held another full time job off campus, Weitzell did not attend the
beginning of practices starting at 3:45pm, except sometimes on weekends. He arrived toward the
end of practices. He sat on the bleachers because he was not allowed on the court. He rarely
stayed very long, and if he stayed, he had his computer with him. Weitzell would visit with the
coaching staff and speak with players when practices ended. He offered advice and assistance
after practices reviewing films of games. Weitzell was also not around as much as the coaching
staff during the off-season.
3.
Home Games
Weitzell oversaw the logistical aspects of hosting the basketball games. He managed the
home game ticket list for each player and coach who received 4 tickets per home game. He
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ensured the managers of the team were ready for the game, and he confirmed the preparedness to
film the games.
More so than the assistant coaches, Weitzell passed time with Herrion prior to the games
in Classroom 5. The assistant coaches perceived Weitzell to have a calming influence on Herrion
during the pre-game waiting period. Usually, Weitzell sat with Herrion for about 45-60 minutes
until the team was ready to take the court for the game. During games, Weitzell kept statistics
related to the players shot selection. After games, Weitzell accompanied the coaching staff into
the locker room for a brief post-game team discussion, and then the coaches and Weitzell left the
locker room. Weitzell managed post-game food for the team.
The players and the team athletic trainer, Lesnikoski, observed Weitzell to be present
around the locker room more often than the coaches. The coaches left the locker room
immediately after the post-game talk and they never returned to the locker room.
4.
Away Games
Weitzell made all travel arrangements for away games, including bus, airfare, hotels and
meals. He was organized and on time. He reserved the hotel rooms, distributed room keys, made
room assignments, and kept the Marriot points for his personal use. Weitzell and Herrion had
their own single rooms at hotels, and the assistant coaches shared double rooms. Weitzell stayed
on a different floor in the hotel. The players and assistant coaches were on the same floor.
Dempsey usually completed bed checks at 11pm, and Weitzell accompanied him on occasion.
The team was disciplined, and UNH never had problems or issues with the players on the road.
Weitzell coordinated meals on the road and would go bananas if the schedule changed in any
respect.
Prior to away games, Weitzell likewise spent time with Herrion just prior to game time,
offering support and keeping him calm. After away games, Weitzell accompanied the coaches to
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the players locker room for the post-game team discussion. The locker room accommodations
for coaches at away games varied depending on the facilities provided by the home team. The
coaches usually had a separate locker room, but not always.
Weitzell routinely assumed the unofficial role of remaining in the players locker room
after away games to move the players along and confirm all players boarded the bus. The
coaches knew Weitzell performed this function after away games, and they did not think
anything of it.
5.
Summer Camps And Golf Tournaments
Weitzell managed the organization of the summer youth basketball camp at UNH.
Weitzell did not coach children at the summer camp. Herrion ran the coaching aspects of the
camp. Weitzell also organized golf tournaments for alumni and supporters of the team. The
tournaments ran like clockwork.
D.
Scott Weitzells Background And Reputation At UNH
UNHs former head coach, Phil Rowe, initially hired Weitzell. Upon Herrions arrival,
Weitzell was recommended highly as someone with good business and administration skills, as
well as valuable connections within the UNH and Seacoast basketball communities. Weitzell had
served as the head coach of the Newmarket High School basketball team before working at
UNH. He was single, of caucasian descent, and lived in Newmarket with his parents. After his
arrest but not beforehand, Weitzell discussed with some former players his sexual orientation as
a homosexual.
In addition to his part-time work for UNH, Weitzell held a full-time job as a Vice
President and Operations Manager for the Empire Beauty Schools in New Hampshire. Empire
offers instruction in cosmetology, esthetics and barbering. Following Weitzells arrest, Empires
founder, Norman Langlois, spoke highly of Weitzells work for Empire and indicated that
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Weitzell had no history of any problems at Empire. The Langlois family and Weitzell were joint
supporters of the Newmarket High School basketball program.
Weitzell was well-liked by most UNH Athletics administrators and coaching staff. UNH
Director of Intercollegiate Athletics Marty Scarano and Herrion noted Weitzells skills for
organization, administration, timeliness and budgeting. Dempsey considered Weitzell to be a
personal friend and a very effective director of basketball operations. Kuntz did not know
Weitzell well and noted that Weitzell was closer to Herrion and Dempsey because they had more
in common with him because they were closer in age. Ryan Herrion had no issues with Weitzell
and golfed with him occasionally. Herrion also socialized with Weitzell occasionally, for
example, attending a Celtics game with Weitzell and other coaches. Mohr had no issues with
Weitzell and thought he was well-liked and good at his job. However, Mohr felt Weitzell was a
little off and an odd duck. Former UNH assistant coach and current Dartmouth associate
coach, Jean Bain, liked Weitzell and thought he did a good job in his role.
The most common professional criticisms of Weitzell included complaints that he was
too cheap, territorial regarding job functions, and he delayed compensating assistant coaches for
employment after summer basketball camp. The athletic trainers assigned to the team did not
particularly care for Weitzell, and they thought he was a bully in the Fieldhouse concerning the
assigned duties of student athletic trainers. Mohr found Weitzell to be overly sensitive and
passionate about his point of view towards the basketball program. Weitzell could never be
questioned. Mohr felt that Weitzell was too sensitive towards the players and was too much of a
sounding board for them. The players knew they could go to Weitzell, and Mohr felt Weitzells
approach to the players at times undermined the coaches efforts to assert discipline and get the
players on the same page as the coaching staff.
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Despite these criticisms, none of the professional concerns expressed about Weitzell were
of such a nature or frequency as to result in any serious concerns about Weitzells overall job
performance. For the most part, his job performance as Director of Basketball Operations was
highly regarded, and most coaches and administrators considered him as an asset to the UNH
basketball program.
E.
Scott Weitzells Assumed, Unofficial Roles Mentoring Disadvantaged African

American Student Athletes
In addition to his official duties, Weitzell assumed unofficial roles assisting

disadvantaged African American basketball players. Weitzells general role was well known to
the coaches and administrators, but the specific nature and extent of his off-court contacts with
disadvantaged players was not as uniformly known or appreciated. There was essentially no
oversight or evaluation of Weitzell related to his performance of unofficial mentoring duties.
Weitzell mentored some, but not all, disadvantaged African American student athletes on
the team. Weitzell gravitated to African American players who fit a similar profile. Weitzell
typically paid more attention to a couple of players each year. These athletes needed extra help at
UNH because they came from disadvantaged backgrounds and had less stable and/or unique
familial support systems. They also had no other connections to the UNH community. Weitzell
paid more attention to these players and talked to them after practice, at team meals, in his hotel
room and in airports. The coaches viewed Weitzells role as a helper. He ensured that his favorite
student athletes were adjusting socially and academically to UNH.
In more recent years, the players with whom Weitzell developed closer relationships
were: Player 4, Player 6, Player 5, Graduate 1, Graduate 2, Graduate 3 and Graduate 4. These
current and former student athletes who befriended Weitzell expressed similar sentiments of
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betrayal and dismay because they felt Weitzell had genuinely cared about them and their
families. They now believe Weitzell took advantage of them.
Weitzell assisted them in various ways. He helped complete paperwork for Pell grants
and the Free Application for Federal Student Aid (FAFSA) form. He purchased necessities, such
as winter jackets and shoes, and submitted reimbursement forms for the NCAA-funded Student
Discretionary Fund for students in need of discretionary financial assistance. Weitzell assisted
two players, Graduate 3 and Graduate 2, with janitorial summer jobs at the Empire Beauty
School where he worked. Weitzell completed the necessary paperwork to ensure NCAA
compliance and disclosure of this summer job assistance. He helped other players obtain summer
basketball camp internships at UNH. He connected one player, Graduate 2, with post-graduate
employment at Employer. Weitzell also hosted the team on occasion for a cookout at his familys
lake house, and some players visited Weitzells lake house independently to boat and fish.
Weitzell took some players out to dinner and occasionally submitted required NCAA compliance
forms to document occasional meals. He drove players to physical therapy sessions off
campus. After graduation, one player stayed at Weitzells house when he visited him and/or
attended UNH basketball games.
The Athletic administrators and coaches did not view Weitzells close relationship with
certain disadvantaged African American players as odd. They viewed the relationship as normal
and productive. Herrion viewed it as a mentorship a hang in there kind of thing. Kuntz
viewed Weitzell as trying to make sure the players adjusted and were comfortable, as there are
few minorities in the Durham area. Mohr viewed Weitzells relationship with some players as
odd on a personal level, but professionally he never saw Weitzell cross any boundary lines.
Dempsey found Weitzells assistance of minority players as very natural in his 30 years of
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coaching experience. Former Coach Jean Bain saw Weitzell being a good guy and helping kids
out. Scarano felt that because the team had some challenged African American and/or
international kids on the team, it was incumbent upon the coaches and staff to pay more attention
to these kids. Scarano felt it was their job to do so.
The Athletics administrators and coaches never suspected that Weitzell was recording
student athletes with his phone or treating students inappropriately. Scarano had no reservations
that any innuendo related to Weitzell was overlooked. No administrators or coaches ever
received complaints or concerns about Weitzell from student athletes raising concerns that he
was sexually harassing student athletes, or otherwise made student athletes feel uncomfortable.
By and large, Weitzells arrest for recording student athletes on his phone took the UNH coaches
and administrators by complete surprise. They were shocked and outraged. One assistant coach
noted: Out of 100 possibilities, that would not have been on the list.
V.
CONCERNS AND RUMORS ABOUT WEITZELLS CONDUCT TOWARD

CURRENT AND FORMER UNH BASKETBALL PLAYERS
While the coaches and administrators never observed any inappropriate
behavior between Weitzell and the basketball players, the players had varied impressions of
Weitzell. Some players did not interact with Weitzell much and had no concerns with him. Other
players were very close to him and developed personal relationships with him that they valued.
Some players did not like Weitzell, thought he was creepy, and felt he was too close to certain
African American players. Many players joked about Weitzells affinity for certain players, and
Graduate 1 insinuated that former Coach Jean Bain overheard jokes or participated in discussions with players
about Weitzells behavior. Graduate 1 would not elaborate because he did not have firsthand information. Instead,
he heard this information from a friend and former player, Graduate 4, and he referred investigative counsel to
Graduate 4 for specific information. Investigative counsel repeatedly requested interviews with Graduate 4, but
Graduate 4 declined to be interviewed on the advice of counsel. Bain adamantly and credibly denied that he
overheard any jokes about Weitzell or received any information about misconduct by Weitzell. Graduate 1 did not
have a productive relationship with the UNH coaches.
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there were several rumors and suspicions about Weitzell taking pictures of former players with
his phone. Many players confirm that these rumors were discussed with the entire team. The
coaching staff never heard about these rumors and suspicions. Some players mentioned the
following conduct, rumors and suspicions about Weitzell.
A.
Weitzells Interaction With Student Athletes As A Peer
Weitzell interacted with his favorite student athletes on a peer-to-peer level. Dempsey
described Weitzell as a white guy who wanted to be in the mix with the black kids. Weitzell tried
hard to be down and would speak to the players using language inconsistent with his age.
Dempsey imitated how Weitzell tried to speak like the African American student athletes: Yo
Demps, Im talkin to Nickname.7 Graduate 1 similarly noted that Weitzell tried to be down
like one of the boys even though he was fifty. Player 5 felt close to Weitzell because he was
one of the guys. Weitzell asked Player 5 personal questions about whether he had ever been
molested as a child or abused as a kid. Weitzell questioned Graduate 1 about his sexual
preferences, his sexual interactions with girlfriends and the sexual preferences of his teammates.
Weitzell purchased soft drinks for some players after practices, and he would take them to
dinner. Weitzell shared stories to make the student athletes feel comfortable, such as talking
about trips to Las Vegas and the girls at the Bellagio Hotel. The coaches never overheard
Weitzell talking to players about inappropriate topics, and they did not receive any student
complaints about Weitzells communications.
B.
Weitzells Interaction With Student Athletes As A Parental Figure
Weitzell also simultaneously interacted with certain student athletes paternalistically.

Bain observed that Weitzell was like a father-figure to the players. Player 5 never had a father
Nickname was the nickname for Graduate 4.
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figure, and Weitzell served that role for him. Unbeknownst to any coaches, Weitzell hugged
certain players when he was alone with them, sometimes for too long. He rubbed his cheek
against one players ear when he hugged him. He encouraged the African American student
athletes who he befriended to call him Pops and four of them referred to him as Pops.8
Weitzell referred to the players in text messages and during discussions as boy and son. One
player recalled Weitzell saying: You are my boy, Ill take care of you. Weitzell visited these
players in their hotel rooms at away games to say goodnight to them. Player 1 shared a room
with Graduate 2 and he did not like Weitzells visits to say goodnight to Graduate 2. Player 1
referred to Weitzells hotel visits to certain African American players as Weitzell tucking them
in. Weitzell also invited certain players to visit his room and sit up on his bed to watch TV. He
rubbed one players thigh on the bed and the thigh rubbing became a habit. The coaches did not
know that Weitzell hugged the players, touched them in any manner, asked them to visit his hotel
room, or asked some students to refer to him as Pops. The players confirmed that Weitzell
would not hug them in public or if other people were present.
C.
Player 2 Was Warned To Stay Away From Weitzell During His Freshman
Year
During the first month that Player 2 arrived on the team during the Year season, Graduate
1 told Player 2 to stay away from Weitzell. Graduate 1 told Player 2 that Weitzell was gay and
called him a blade. Other players heard jokes in the locker room referring to Weitzell as a blade.
D.
Ryan Herrions Past Observations Of Weitzells Relationship With

Teammates
As a player, Ryan Herrion heard talk among his teammates that Weitzell liked black kids.
Ryan Herrion heard players joke about Graduate 2 being too close to Weitzell. But, Ryan
Player 5, Graduate 2, Graduate 4 and Graduate 1 referred to Weitzell as Pops.
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Herrion never saw anything that was inappropriate. He knew that Graduate 2 visited Weitzell at
his house. Ryan Herrion did not feel it was his role to judge Graduate 2s relationship with
Weitzell. When he joined the coaching staff as Video Coordinator, Ryan Herrion saw Player 4
developing the same type of relationship he saw Weitzell develop with Graduate 2. Ryan Herrion
said Player 4 never seemed upset about it, and he never looked uncomfortable.
E.
Rumors About Weitzell Videotaping Former Players
Many players heard rumors that Weitzell had taken photographs or videos of former
players in the shower in the past. Player 7 joined the team during the Season in Year. About a
third or half-way through the Year season, Player 7 heard comments about Weitzell having his
phone out filming in the past. Weitzell had his Blackberry with the red light illuminated which
indicated filming. Player 2 told Player 7 to be careful with Weitzell. Player 7 said everyone on
the team knew about it. Player 8 heard rumors about Weitzell earlier than later. During
summer camp in Year, Player 8 heard comments such as Coach Weitzell is a weirdo. He is a
little suspect. You do not know what is up with him. Player 5 told Player 8 a story about
Weitzell videotaping guys in the locker room a couple of years ago. Player 5 said that one day
after a game, Weitzell was in the corner of the locker room and you could see the videotaping
light come on his Blackberry. The older players said that is when they knew something was
wrong with Weitzell. They told Player 8 to be cautious.
Player 9 heard discussions about Weitzell during his sophomore or junior year. Graduate
1 told Player 9, Player 5 and Graduate 5 that Graduate 1 saw Weitzell using his phone to either
record him or take pictures of him. Graduate 1 could tell by the light on his phone, and Graduate
1 told Player 9 he was by the shower at the time it happened.
Player 10 heard rumors during the 2012-2013 season about why Weitzell had his phone
out. Guys would bring it up if they thought they saw something. They would ask Did you just
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see what he was doing? According to Player 10, nobody was ever really sure until the 20132014 season. When Player 3 was a Class Year during the 2010-2011 season, the team would
always joke about Weitzell. The joke was that Weitzell is going to get you. Weitzell talked to
you.
Player 11 heard more stories about the past than he did about things that happened during
the 2013-2014 season. The rumors from the past were that players would see Weitzell with his
phone on in the locker room.
During Graduate 1s Class Year during the 2009-2010 season, Graduate 2 and Ryan
Herrion would joke with Graduate 1: He is going to get you. He already got Graduate 2. They
warned Graduate 1: do not let Weitzell have his phone on you. Graduate 1 would say He aint
going to get me. Ryan Herrion denies any knowledge of rumors that Weitzell used his phone to
record players. He acknowledged overhearing some jokes about Weitzell, but he described
having limited involvement in locker room discussions about Weitzell.
VI.
WEITZELLS RECORDING OF PLAYERS AND INAPPROPRIATE CONTACTS

DURING THE 2013-2014 SEASON
A.
Towson GameDecember 30, 2013
During the December 30 game at Towson, Player 10 was sitting next to Player 12 and
Player 1 in the locker room. Weitzell had his phone out. Player 12 was tapping Player 10 on the
leg to look at Weitzell. Weitzell had his back towards them. He was looking at the phone. Player
12 was shaking his head questioning What is going on right now? They were trying to see
what Weitzell was doing, but then Weitzell left the locker room. According to Player 10, it was
not right, but they did not see Weitzells phone. Player 12 was pretty sure that Weitzell had the
camera or video up. Weitzell was not moving and he was pointed towards the showers which are
open. He was pointed at four or five guys. According to Player 10, they were trying to figure out
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the right time to tell someone what they were seeing. They wanted to make sure they were
accurate before making accusations.
B.
Vermont GameJanuary 20, 2014

1.
Weitzells Recording Of Student Athletes In The Vermont Locker

Room
On January 20, 2014, the team lost an away game at Vermont. Due to injuries, the team
was short-handed and traveled with only 9 of 14 players. After the game, Herrion spoke to the
team briefly in the locker room and then left. As was customary, Weitzell remained behind in the
locker rooms to usher the players to the bus. Four teammates saw Weitzell recording the players
on his iPhone: Player 12, Player 1, Player 6 and Player 8.
Player 12 saw Weitzell recording on his iPhone while the players were getting in and out
of the showers. Player 12 knew for sure Weitzell was recording them. Three to five players
were in the shower at the time. Player 12 saw Weitzell holding his iPhone up against his chest
pointed in the direction of players, and Weitzells positioning of his phone is how Player 12
knew Weitzell was recording. Weitzell was standing in front of a mirror near a sink, and Player
12 was to his right about 4 arm lengths away, sitting down on a locker room bench.
In particular, Player 12 saw Weitzell recording an African American Class Year named
Player 4. Player 12 and Player 4 were friends and both were from State. Player 4 was well-liked
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by his teammates who viewed him as Personality Traits. Player 4 was one of the last players out
of the shower. He was drying off with a towel and his private areas were exposed. Player 4
turned around so he faced Weitzell and started a conversation with him. Player 12 did not believe
Player 4 realized Weitzell was recording him. Player 12 made eye contact with Player 1 and
Player 6 who were near him in the locker room. Weitzell was unaware that Player 12 was
watching him and he recorded for about 2-3 minutes. Player 12 did not say anything to either
Weitzell, Player 4 or his teammates in the locker room.
Player l made similar observations of Weitzell pointing his iPhone toward them as they
were getting in and out of the showers. Player 1 believed that Weitzell was taking video/photos
of players in the shower. Player 1 saw Weitzell recording after he got out of the shower and
while he was getting dressed. Weitzell was holding his phone at chest level in one hand, and he
was not touching the phone with his other hand. According to Player 1, there was not much else
Weitzell could have been doing with the phone. Player 1 did not say anything to either Weitzell,
Player 4, or his teammates in the locker room.
Player 6 saw his teammate Player 4 walking to the shower. Weitzell was in the middle of
the locker room following Player 4 as he walked to the shower. Player 6 could not see what
Weitzell was doing with the phone. Player 6 made eye contact with his teammates, Player 12 and
Player 1, visually signaling is this real? It was a big shock to Player 6. Player 6 did not say
anything to either Weitzell, Player 4 or his teammates in the locker room.
Player 8 was hurt at Vermont. He did not play and left the locker room early. Before he
left, Player 8 saw Weitzell was in the corner with his phone pressed up against his chest looking
around. Player 8 thought it was really weird, and he left for the bus.
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2.
Meg Lesnikoskis Observations Of Player 12 As He Exited The

Vermont Locker Room
As part of her duties as athletic trainer, Lesnikoski routinely stationed herself outside of
the teams locker room to hand out bags of ice to the players. Lesnikoski had worked as an
athletic trainer for five years at UNH, but this was her first year working with the team. She was
well-liked by the team. She had not developed close relationships with the coaching staff.
Player 12 was one of the last players to leave the locker room, and he was upset. When
Player 12 approached Lesnikoski, Player 12 had a bewildered look on his face. He did not
address her, but he was outwardly freaked out, which led Lesnikoski to ask him Whats going
on? Player 12 brushed her off and said nothing, nothing.
After Lesnikoski boarded the bus to return to UNH, she overheard Player 12 tell his
teammate Player 5 I cannot believe this just happened. Lesnikoski approached them and asked
if anything had happened, but they told her nothing had happened.
3.
Conversations Between The Players On The Bus About Weitzells

Conduct
On the bus, many of the players discussed what had just happened in the locker room.
The group consisted of Player 1, Player 6, Player 8, Player 5 and Player 9.11 The players saw
Player 12 board the bus and begin ranting loudly. He said This is f-d up. Weitzell was
videotaping. Player 12 also said This is wrong, This isnt right, and I do not feel safe.
Player 12 is normally quiet, so Player 5 knew immediately something had happened. Since
Player 9 and Player 5 had not been present in the locker room, they received an explanation of
11
Player 9 and Player 5 were both Physical Trait Class Year from State and State respectively. Neither had seen
Weitzell recording in the locker room. Player 9 was Status and did not play at Vermont, so he went directly to the
bus. He was the first one on the bus and was talking to his parents on the phone about not playing in the game.
Player 5 had not showered after the game because he was socializing with a friend on the Vermont team, and then
he went directly to the bus. He boarded the bus early and observed Player 12 enter the bus and start ranting.
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what had happened. Player 12 told Player 5 that Weitzell had his phone out and he was
pretending to text, but Player 12 thought he was videotaping the guys in the locker room. Player
9 heard Player 12 yelling this thing has to stop. Player 12 told Player 9 that he saw Weitzell
taking pictures of Player 4.
The players discussed the need to report the incident, but they did not reach a conclusion
about what to do. Player 5 and Player 9 both told Player 12 he had to tell someone. Player 8
decided to let the older guys handle it. According to Player 1, they discussed the need to report,
but they did not have enough physical evidence to come forward, they wanted to be certain it
was illegal, and they were reluctant to jump to a conclusion that might ruin Weitzells life if it
was not correct. Player 8 surmised the players were confident, but in a way, they did not want to
believe it. They knew what they saw, but it could not be true at the same time. The season was so
bad, and they did not want another thing to go on right now.
The coaches sit in the front of the bus. None of the coaches on the bus overheard the
players conversation, and none of the players believed the coaches would have been in a
position to overhear them in the back of the bus.
C.
January 21, 2014 Report To Meg Lesnikoski
On the next day, January 21, 2014, many of the players were in the training room after
practice. Player 5 and Player 12 were discussing whether to tell someone about what had
happened. Lesnikoski asked them okay, what is going on? She pulled Player 12 and Player 5
into a small doctors office in the training room. Because Player 5 had not observed Weitzell in
the locker room with his iPhone, Player 12 did most of the talking.
Lesnikoski, Player 12 and Player 5 have similar recollections of their conversation in the
small room, but their memories differ somewhat on (a) the level of certainty expressed by Player
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12 regarding his observations of Weitzell; and (b) which players did and did not want to report
the matter.
According to Player 12, he told Lesnikoski everything that happened. Lesnikoski asked if
Player 12 was sure he saw Weitzell recording? Player 12 told her: Yes, I was sure. Player 12
told her he saw Weitzell with his phone recording Player 4, and that he saw it with his own eyes.
Player 12 told her how Weitzell was holding the phone, but did not get into other specifics.
Player 12 told her he was not safe. Lesnikoski asked do you want to tell someone? Player 12
and Player 5 said no. They did not want to get someone in trouble since Weitzell had been at
UNH so long. Player 12 said they wondered what if we get in trouble for it? Player 12 told her
not to tell anybody and that he would let her know if something else happened.
According to Player 5, Player 12 told Lesnikoski that he did not know for sure what
Weitzell was doing in the locker room, but he thought it was something videotaping.
Lesnikoski asked do you know for sure? Player 12 did not know for sure, but he did not want
to ruin Coach Weitzells life if it was not true, and he wanted to get more information.
Lesnikoski stated if it was true, she could get in trouble for not reporting it. They felt Lesnikoski
would not tell anyone else if they begged her not to say anything. From Player 5s perspective,
they were concerned about saying anything since it would look bad on them if it were not true.
That is what they worried about. Player 5 and Player 12 were close to Lesnikoski. She was the
best trainer, and she was closer to their age. This was a serious situation and Player 12 was not
certain. They needed more evidence to know they were right, before they were going to accuse
Weitzell.
According to Lesnikoski, she asked Player 12 and Player 5 Is this something I need to
know about? They first responded No, its fine. Player 12 then told her that he thought he
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saw Weitzell taking pictures or a video with his phone. Lesnikoski asked Did you really see
that? Player 12 said yeah. They demonstrated to Lesnikoski how Weitzell held his phone near
his chest. Lesnikoski responded: its not that I dont believe you, but this is a pretty big deal, do
not throw it around. It is a harsh allegation against someone. From her perspective, Player 12
appeared more willing to raise the concern, but Player 5 was unsure and was saying, we do not
need to do anything. As it progressed, the team was divided.
Player 5 told Lesnikoski he thought the same thing happened a few years ago with a
former player, Graduate 1, but nothing had come from it. Weitzell had a blackberry and they saw
the red light. Weitzell was pretending to text in the corner, but was taking pictures or video.
Player 9 was present in the training room and saw Player 12 and Player 5 speaking to
Lesnikoski in the small office. He could not hear the conversation, and he thought to himself,
Thats good, someone has to say something.
Lesnikoski knew she should have said something right away. She was scared for a few
reasons. First, she had not witnessed what had occurred in the locker room. It was a lot to ruin a
life and someones career off of one story. Second, she was scared that she did not have enough
information, and it was hard to figure out. Third, she feared that if there was nothing there, her
reputation would be trashed as a snitch. She would make a mountain out of a mole hill, and she
worried about not being respected. She knew she had an obligation to report, but she worried the
team would turn against her.
D.
Team Discussions Following The Vermont Game
On the night of the Vermont game, Player 12 sent a text to Player 212 stating he needed to
speak with Player 2. Player 2 did not attend the Vermont game. Player 2 and Player 12 talked
12
Player 2 was a Physical Trait Class Year from State.
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before practice on the next day, and Player 5 may have participated. Player 12 told Player 2 that
he saw Weitzell recording on his phone, and he saw a light and images on Weitzells phone. The
way Weitzell was holding his phone made it look like he was recording. Player 2 told Player 12
he should say something, and Player 12 told him I dont know. Player 12 and Player 5 were
thinking about telling someone, but they could not figure out who to tell. Player 5 had not seen
the recording, and he was reluctant to accuse Weitzell when he had not seen him recording. After
this conversation, Player 2 felt the talk died down, as they were focused on trying to win games.
Player 12 also spoke to Player 3, when he returned from the Vermont game. Like Player
2, Player 3 was injured and did not travel to Vermont.
The players offer different perspectives on how often the team discussed Weitzells
recording in the first two weeks following the Vermont game. Some players confirmed Player
2s view that that there was not much follow-up discussion, and that the team was focused on
playing basketball. Other players stated that everyone on the team was talking about Weitzell.
Player 1 stated that the whole team was aware that something was going on within a week after
the Vermont game.
The team became more observant of Weitzells presence and whereabouts. Player 5 and
Player 12 began to keep their distance from Weitzell. Prior to the Vermont game, Player 5 would
go to Weitzells room, but after the Vermont incident, he stopped going to Weitzells room.
Lesnikoski was more observant of Weitzell as well. She noticed him in and out of the
locker room more than she had appreciated in the past. She detected a buzz among the team.
E.
UMBC GameFebruary 5, 2014
At the UMBC game on February 5, 2014, Lesnikoski sensed that the team was split about
what to do. When the team arrived at the hotel and checked into their rooms, Lesnikoski
overheard the players making comments in the hotel hallway. The comments led Lesnikoski to
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appreciate that everyone knew what was going on with Weitzell. Player 5 had his own hotel
room at the UMBC game. One of Player 5s teammates said make sure you lock the door. You
are alone. You do not want Coach Weitzell to come in. Everyone in hallway turned around. The
team was joking around about Weitzell, but not in a funny way.
That night, after the team dinner at the hotel, Lesnikoski invited Player 2 to leave the
dining area with her because she needed to give him medication. Lesnikoski stood up to leave
and Player 2 said I cannot leave him alone down here. Player 2 was referring to Player 4, who
was still eating. This was the first time that Lesnikoski understood that Player 2, the Team
Position, was aware of the concerns with Weitzell, and he articulated specific concerns about
Class Year, Player 4. Lesnikoski told Player 2 she was going to her room, and he responded Ill
be up in a minute, Im not going to leave him [Player 4] down here by himself.
Player 2 likewise remembered the team dinner at UMBC. He was sitting with Player 11
and Player 4. Player 11 went upstairs and only Player 2, Player 4 and Weitzell were left at the
dinner. Weitzell kept trying to talk to Player 4. Player 2 was walking out with Weitzell who kept
trying to call Player 4 back to speak with him. Player 4 was getting frustrated, and Player 2
stayed behind to help Player 4 extricate himself from Weitzell and to accompany Player 4
upstairs. Player 4 thanked Player 2 afterwards for staying with him.
F.
Stony Brook GameFebruary 8, 2014

1.
Player 5s Visit To Weitzells Hotel Room
Three days later, the team had another away game at Stony Brook. On the night before
the game, Weitzell texted Player 5 to come to his hotel room to discuss a potential job
opportunity after graduation. Weitzell had told Player 5 before that he would help him get a job.
Weitzells door was two doors down from Player 5, which was unusual because Weitzell usually
had a room on a different floor. Player 5 went two doors down to Weitzells room. Weitzells
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door was open, and Player 5 walked in. Weitzell got up and closed the door. Weitzell was on the
king-size bed drinking a beer. Player 5 seated himself in a chair at the far corner away from the
bed. Weitzell told him to take a seat on bed, and Player 5 complied and sat on the corner of the
bed. Weitzell said dont act like you never laid in bed with a man before. Weitzell then started
talking about Player 5s potential job opportunities. Player 5 was instinctively rubbing his injured
knee that was sore. Weitzell put his hand on Player 5s injured knee. Weitzell said Your knee
hurts boy.
Player 5 felt uncomfortable, and he thought Weitzell was making a pass at him. He made
up an excuse to leave Weitzells room. Player 5 told Weitzell he had texted Lesnikoski and that
he needed ice for his knee, and she had just texted back and said to come to her room to pick up
the ice. Player 5 told Weitzell he had to go get ice and he left the room. He walked down the hall
and knocked on Lesnikoskis door for ice. At that time, he did not say anything to Lesnikoski
about Weitzell because Player 5 felt uncomfortable with Weitzell having touched him.
Lesnikoski gave him ice and he left.
Player 5 then told Player 12, Player 2 and Player 1 what had happened. He spoke to
Player 12 first and told him that something was wrong with Weitzell. Player 5 let Player 12 know
about what happened in Weitzells room, including Weitzells comments on the bed and
Weitzells placement of his hand on Player 5s knee.13 According to Player 5, he then told Player
2 and Player 1 what had happened in Weitzells room. However, Player 2 had no recollection of
Player 5 telling him about the incident in Weitzells hotel room. Likewise during Player 1s
interview, Player 1 similarly did not disclose any knowledge of Player 5s visit to Weitzells
13
Player 12 recalled that Player 5 told him about the incident in Weitzells hotel room that night or the next day. He
confirmed that Player 5 told him about Weitzells comments on the bed, and that Weitzell had touched Player 5s
knee.
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hotel room. However,
confirm that Player 1 told them about Player 5s
uncomfortable visit to Weitzells hotel room, but Player 1 did not mention Weitzell having
touched Player 5s knee, or Weitzells comment to Player 5 dont act like you never laid in bed
with a man before. Neither Player 5 nor his teammates told any of the basketball coaches.
At some point after February 8, Player 5 eventually told Lesnikoski about Weitzell
inviting him to his hotel room at the away game at Stony Brook. Player 5 told Lesnikoski that
Weitzell asked Player 5 to sit on the bed next to him, but he did not tell her about Weitzell
touching Player 5s knee. Player 5 did not provide details to Lesnikoski; he just told her that
Weitzell asked him to sit on the bed. It was a casual conversation, a red flag, while she was
taping Player 5s ankle one day.
2.
Weitzells Recording Of Student Athletes In The Locker Room After

The Stony Brook Game
The team won the away game against Stony Brook and defeated the first place team. The
players were very happy because they had not won many games recently. The coaches were in
the locker room chatting about the game, and Weitzell was to the right of the coaches sitting in a
chair. None of the coaches observed Weitzell recording student athletes in the locker room at
Stony Brook, but two players did.
Player 8, Player 1, Player 5, Player 6 and Player 11 were walking as a group to the
showers. The locker room at Stony Brook has a long hallway to the showers, approximately a 20
yard walk. Most of the players will strip and walk to the showers with a towel around their waist.
As the players walked to the showers, Weitzell pointed his phone at them. Weitzell was
attempting to be discreet by hiding his phone behind a piece of paper, specifically a post-game
statistics sheet. Weitzell held the stats sheet in front of the phone to obscure it. Player 1 and
Player 6 noticed it, but Player 8 and others did not.
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Player 1 said watch out for Weitzell, I am pretty sure he was just videotaping us.
Player 5 replied out loud, We won the game, I am so happy I dont care if he gets me today.
G.
Bathroom Incident At Hartford Game-February 15, 2014
A week later, on Saturday, February 15, 2014, the team lost a close game at Hartford.
The team arrived late to the arena before the game, and there was a rush to get ready. There was
no stall door to the bathroom toilet. Player 5 was using the bathroom and yelled out loud to
everyone no one come in here, there is no door. Weitzell was in the locker room and heard
Player 5 yell. He ignored Player 5 and walked into the bathroom and stared at Player 5. Weitzell
stayed there for three seconds and then he started laughing.
Player 2 described the incident as blatant Player 5 said dont come in and Weitzell just
walked in.
VII.
NOTIFICATION OF CONCERNS ABOUT WEITZELL IN

JANUARY AND FEBRUARY 2014
Two players expressed concerns
about Weitzell in January and February
2014.
1.
Player 1s Discussion With Persons
On Sunday, February 16, 2014, the day after the Hartford game, Player 1 visited
Location. Person 1 visited with Player 1 while he folded laundry and watched football. Out of the
blue, Player 1 said, [Person 1], Whitey is so weird. Person 1 knew that Player 1 had never
liked Weitzell. Player 1 told Person 1 about Player 5s visit to Weitzells hotel room. Player 1
described the incident to Person 1 as follows. While the team was away, some players were
hanging out at the hotel. Player 5s phone rang, and it was Weitzell asking Player 5 to go up to
Weitzells hotel room. Weitzell told Player 5you ought to relax, you look tense. Player 5 said,
no, Im okay. Weitzell responded No, you should take your sneaks off, sit on edge of the
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bed. Player 1 imitated Player 5 making an excuse to leave: I got to go see a friend. Player 5
extricated himself from the room. Player 1 made no reference to Weitzell having touched Player
5 in any manner.
Player 1 said how creepy Weitzell made them feel. Player 1 used the word creepy a
couple of times. It was just a general sense of discomfort. Person 1 responded to Player 1,
Player 1, you got to go tell Billy [Herrion]. Player 1 did not commit that he would one way or
the other. Person 1 said, if you are not comfortable, tell one of the assistant coaches, that is f-ing
creepy.
McDonnell came in and Player 1 again relayed what had happened. McDonnell also said,
Player 1, did you tell Billy [Herrion]? Player 1 said no. McDonnell said you have to tell him.
Would Player 5 tell? If not, you should tell him. McDonnell said Ill tell him, but it is better
coming from you. Player 1 said okay.
Person 1 took Player 1 back to his apartment, and Person 1 later told McDonnell You
14
have to tell Billy. McDonnell said, Maybe Ill wait till after the season. Person 1 said,
Thats your call. Neither Person 1 nor McDonnell felt that Player 1 had said anything that
required a call to Herrion that evening. Player 1 did not share with Person 1 or McDonnell any
information about touching or recording players. According to Person 1, there was never a
discussion of not telling Herrion, it was a matter of when.
McDonnell mentioned that Player 1 had previously complained about Weitzell visiting
Player 1s hotel room to say goodnight to Player 1s former hotel roommate at away games,
Graduate 2. Graduate 2 had finished playing basketball at UNH after the Year season. Player 1
referred to it as tucking him in. Player 1 did not use that term literally; rather, it was just a
14
The last game of the season was scheduled on March 8, 2014. See Exhibit D.
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reference to Weitzell stopping by the room socially to say goodnight to Graduate 2. Player 1 did
not like it. McDonnell asked Player 1 if he was uncomfortable, and Player 1 responded, No
[McDonnell], its just Whitey being Whitey.
Person 1 followed up with Player 1 and asked him if he spoke to Herrion. Player 1 said,
no, not yet. In retrospect, Person 1 described the situation as the perfect storm. Herrion was
having a miserable season. He was a miserable person and very prickly because of it. Herrion
was virtually unapproachable. Herrion became aloof and removed. McDonnell did not run into
him as much.
During his interview, Player 1 did not disclose the extent of his discussions with Person 1
and McDonnell. Rather, according to Player 1, he just told McDonnell that Weitzell was weird.
Player 1 said he never shared specifics of what he saw with McDonnell because McDonnell is
friends with his basketball coaches. Player 1 did not want to alarm McDonnell, and then have
Player 1 be wrong and look like an idiot.
2.
Player 3s Discussion With His Parents
At some point before the Vermont game on January 20, 2014, after conference play midyear, Player 3 discussed Weitzell with his parents. He told them about the players concerns that
Weitzell might be recording them on his phone. Player 3 had suspicions based on his
observations of Weitzell at the Towson game on December 30, 2013.15 Player 3s parents told
Player 3 that he could not report the concerns without physical evidence. They told Player 3 that
he could ruin Weitzells reputation. Unless Player 3 had concrete information, his parents
advised him not to report it.
15
See discussion of Towson game, infra, in Section VII, 2.
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Player 2 and Player 3 had been discussing whether to report their concerns about
Weitzell. Player 3 told Player 2 about the advice he received from his parents. Player 3s parents
did not want Weitzell to be suspended without enough proof. Player 2 said good point.
After the Vermont incident, Player 3 followed up with his parents. He told them what
Player 12 witnessed in the locker room. Player 3 told his parents that something was said to
Lesnikoski, and she was going to report it.
VIII. DELAYED REPORTING OF WEITZELLS MISCONDUCT
A.
Home Game Against VermontFebruary 19, 2014
At the February 19, 2014 home game against Vermont, the team lost badly. It was an
ugly game. Everyone was mad. After the game, Lesnikoski was sitting on the training table,
waiting for the players to exit the locker room to grab ice. Player 2 exited the locker room and
stormed down the hallway. He said This is so f-d up - I am snitching. Player 2 did not see
Lesnikoski and she pulled him into the room. Lesnikoski tried to calm him down. She told him
that she agreed something needed to happen, but it needed to come from a place of facts and
truth and not out of anger. She told him he could not just storm in and blow up at 10 pm.
Following her discussion with Player 2, Lesnikoski was ready to report Weitzell if Player
2 did not. She had observed how upset Player 2 was and, since the January 20th Vermont game,
she had overheard other comments and saw additional red flags. She now had more ammo than
just a conversation with Player 12.
Player 2 confirmed that he told Lesnikoski he was going to tell somebody about Weitzell
after the Vermont game on February 19th. Consistent with Lesnikoskis recollection of the
discussion, Player 2 stated that Lesnikoski never instructed him not to tell somebody, but she
cautioned him to ensure that any report did not reflect Player 2s anger exhibited after the teams
February 19th bad loss to Vermont. They discussed needing to figure out who to tell. Lesnikoski
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told Player 2 to make sure he had his ducks in order, and she said do not do it out of anger
(because Player 2 was upset about the game they had played that night). According to Player 2,
Lesnikoski took the weight off his back and did it for him. Lesnikoski did not tell Player 2 she
planned on making a report. Player 2 later told Lesnikoski that he should have done it earlier.
Lesnikoski told him it was not his fault, and she was helpful to him. Once Weitzell was gone, it
was a weight off Player 2s back.
B.
Lesnikoskis Report To Jon Dana On February 20, 2014
At approximately 11am-12pm on the next day, Friday, February 20, 2014, Lesnikoski
went to her bosss office, Jon Dana, the Head Athletic Trainer. Lesnikoski had a great
relationship with Dana. Lesnikoskis report to Dana focused on the concerns that Weitzell had
videotaped the players at the Vermont game on January 20, 2014. She did not discuss Player 5s
visit to Weitzells hotel room at the Stony Brook game at that time. After listening to her report,
Dana immediately called Scarano, who oversees the basketball program. Dana asked Scarano if
they could meet. Dana and Lesnikoski met with Scarano at approximately 1-1:30 pm on that
same day. Scarano received the report and immediately called Vice President for Student and
Academic Services, Mark Rubinstein. Lesnikoski was sent to the police station alone to file a
police report. A criminal investigation commenced immediately, and in consultation with Chief
of Police Paul Dean, UNH administrators immediately made arrangements for Scarano to
shadow Weitzell at the basketball practice that day. Later that same evening, the Newmarket
police and UNH police approached Weitzell and searched his residence. The Newmarket Police
arrested Weitzell, and he was promptly suspended and then terminated from his employment at
UNH.
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C.
Discussion Between Bill Herrion And Sean McDonnell Regarding Weitzell
On February 21, 2014, Herrion met with McDonnell in McDonnells office and told him
about Weitzells arrest. According to Herrion, McDonnell said to him I should have said
something to you. McDonnell told Herrion that, at the Stony Brook game, Weitzell called
Player 5 and asked him to come and stop by his room. Weitzell asked Player 5 to sit on the bed
with him. Player 5 said no and left. Player 1 had told McDonnell about the incident. Herrion
asked McDonnell why he did not tell him earlier and that he would have wanted to know.
Herrion was in shock when McDonnell told him. McDonnell told Herrion that he did not want to
say anything to Herrion and was going to wait a couple of weeks. According to McDonnell,
Herrion was going through a hard year and McDonnell did not want to throw this information at
him, since it was a hard year and it was almost over. McDonnell never mentioned to Herrion any
knowledge of Weitzells statements to Player 5 while sitting on Weitzells bed, and McDonnell
never mentioned any awareness of Weitzell having touched Player 5.
D.
Student Athletes Rationale For Not Reporting
The UNH basketball players offered the following explanations for why they did not
report concerns about Weitzell to the UNH coaches or administrators.
Player 2
He never saw Weitzell recording

The team does not talk to the coaches and did not know who to turn to
The team spends more time with the trainers - better relationship
They did not go to the coaches because Weitzell was one of the
coaches
They did not know who to go to
They did not want to ruin Weitzells reputation without evidence
If you say it, but have no evidence, it is not something you want to get
out
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They were not 100% sure

He told Player 12 to say something
Lesnikoski said make sure you have your ducks together
Lesnikoski said dont do it out of anger
Player 3
His parents advised him not to report his concerns

His parents did not want him to get suspended if he was wrong
There was not a great connection between the coaches and the players
He did not feel comfortable with the coaches
He did not feel like what he said would be truly protected
He did not want to ruin Weitzells reputation
Player 5
It would look bad on them if it were not true

They were looking out for Weitzell
They needed more evidence to accuse Weitzell
He felt uncomfortable sharing with others that Weitzell had touched
him
Player 9
He did not see anything

No one really had proof of it
He had no off court relationship with the coaches
None of the players would have talked to the coaches about what
happened
Player 1
They did not have physical evidence

He knew Weitzell was off but did not have enough to conclude it was
illegal
They wanted to be certain it was illegal
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They did not want to ruin Weitzells life if it was not correct
He considered waiting for the season to end before reporting
It was hard to say anything in middle of season when losing a ton of
games
He did not want to bring it up and be wrong about it
Player 7
He did not see it, and did not want to accuse if he was wrong
The players who saw it did not have any evidence they had no proof
Some were afraid to accuse Weitzell
It was wrecking someones life if they were wrong
They were so focused on playing basketball
Player 10
They were trying to find the right time to tell somebody

They wanted to make sure they were accurate before making
accusations
It was an awkward thing to say
If they were wrong, it was not fair to Weitzell
They were not sure how to go about it.
Player 12
He was not comfortable talking to other coaches about someone on

coaching staff
He feared it would get back to Weitzell
He worried about getting in trouble
He considered how it would impact the losing team, did not want to
add something
He was concerned other teams would be laughing at them
Player 14
He did not hear specifics until Weitzells arrest

There were rumors, but that was the only thing to base it off
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Player 8
He let the other guys handle it

They did not have enough evidence to say something
Let the season end
You cannot accuse someone of videotaping kids if you are not sure
The season was so bad, we did not want another thing going on right
now
We knew what we saw, but it could not be true at the same time
Player 11
They did not have a person they knew to go to

No one was ready to make a move, not this year
Player 6
There was no hard evidence of it

The timing was horrible, they had several games and the conference
tournament
They discussed talking to the AD at the end of the season
Coach Herrion and Weitzell were best friends
If the accusation was false, and it got back to Weitzell, that would be
awful
It would be very hard to repair if not true
He did not have proof, it was on the phone
He was not comfortable going to the coaches, not 100% trust there yet
Player 4
Weitzell was a coach

They were trying to figure out who would say it
If I said something it would be my word v. his
Accusing a coach is serious
He was not comfortable talking to coaches about other coaches
Speaking to another guy about being perverted makes me
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uncomfortable, especially to another guy

Player 13
He needed to be 100% sure before he said something

He did not see the evidence like a picture on his phone screen
He saw him doing something, but could not say what it was
IX.
TRAINING ON BEHAVIORAL EXPECTATIONS AND REPORTING

OBLIGATIONS
In early January 2014, the basketball coaches and staff attended a mandatory Clery
Act/Title IX training which discussed reporting obligations. Lesnikoski missed that training
because she had a work conflict. Lesnikoski could not recall attending any recent training on
reporting obligations, though she had some memory of a training around the time of the Penn
State incident. Prior to January 2014, the UNH basketball coaches and staff received sporadic
and inadequate training on Title IX, sexual harassment, the Clery Act and UNH policies on
reporting obligations. Former Coach Jean Bain, who left UNH in 2012, stated that he could not
recall ever receiving training on sexual harassment or reporting obligations. Some assistant
coaches referenced an occasional online training course in the past. It is not clear that Weitzell
ever received training at UNH. Personnel files did not contain a documented history of training
attended by coaches and staff. All basketball coaches and staff have received training following
Weitzells arrest.
Players receive training on behavioral expectations and bystander intervention in a
variety of ways. Cathy Coakley is an academic liaison for Student Athlete Development in the
Athletics Department. She is a former college head coach and she is responsible for training the
student athletes from all sports regarding crucial behavioral decisions, decision making, life
skills, financial management, sexually responsible behavior, bystander intervention, nutrition,
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career, and academics. All freshman athletes attend a mandatory 4 course module focused on
bullying and hazing, drug/alcohol and substance abuse, sexually responsible behavior and
diversity. She has recently started an expanded training program for sophomore student athletes
on bystander intervention.
On January 21, 2014, one day after the away game at Vermont (where players had
witnessed Weitzell recording in the locker room), Coakley held a mandatory training for the
entire team on bystander intervention. The subject matters covered in the class include violence
preventions, the importance of being a mentor, interactive exercises on what respect looks like,
disrespect, violence against women, sexual assault, verbal sexual assault and appropriate use of
language. Coakley conducted the training for the entire team because the sophomores on the
team missed the required course in the Fall 2013, and Coakley wanted to send a message about
expectations for attendance by making the whole team participate.
Coakley was so impressed with the basketball players participation and engagement in
this training that she texted Herrion after the training to tell them that she was proud and
impressed with the teams involvement in the training. Coaches do not participate in the student
development training to promote discussion and participation by the students.
X.
FINDINGS AND RECOMMENDATIONS

A.
Findings
1.
Pervasive Reluctance To Report Weitzell
The most significant finding arising from this investigation was the widespread
reluctance and hesitancy of fourteen student athletes, several former student athletes, a young
professional athletic trainer and four
to report Weitzells suspected misconduct, despite
the pervasive rumors, warnings and/or concerns expressed by numerous student athletes. The
interviews of the team signal a dichotomy between the certainty of some players observations of
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Weitzell recording players and the prevalent concern that there still was not enough physical
evidence to substantiate their observations or justify a report. Two players described Weitzell
as creepy. One player referred to Weitzells interaction with student athletes as Whitey being
Whitey. Player 2 reported that everyone thought he was a bit of a creep. Regardless, all team
members were unwilling to individually or collectively report their observations or concerns
about Weitzell. For the most part, the coaches had no appreciation of Weitzells misconduct, nor
did they detect the negative impact it was having on the team.
This finding represents a sharp divide between UNHs policy to promote student
reporting of behavioral concerns about UNH employees and the perceptions, attitudes and fears
of many student athletes that prevented them from coming forward. They were individually and
collectively disinclined to report serious concerns about Weitzell, and after two players were
confronted by the athletic trainer to disclose concerns, they simultaneously implored her not to
take action or tell anyone else.
The student athletes expressed uncertainty about the sufficiency of information necessary
to disclose their concerns. They expressed a lack of knowledge about who to turn to for help,
and they expressed hesitancy in approaching the coaching staff because they viewed Weitzell as
part of the coaching staff. They were concerned about getting into trouble if their concerns were
unsubstantiated. These reservations existed despite the entire team having completed a
bystander training program offered by the Athletics Department on the day after the January 20th
game against Vermont, after which the instructor of the class commended the teams
participation during the training program.
By and large, the coaches believe the players did not think they had enough evidence to
report Weitzells behavior to the coaching staff. But, the coaches do not articulate a deeper
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understanding of the multi-faceted barriers articulated by the players driving their overall
reluctance to come forward.
These findings warrant continued and concerted attention to fostering and teaching
behavioral expectations that will encourage and promote students to proactively address
concerning behaviors by UNH employees and reinforce education on the various support
systems and confidential resources available to them on campus.
2.
Reporting Obligations Under UNH Policy
Under UNHs Discrimination and Discriminatory Harassment policy, an employee who

learns about sexual harassment by another employee towards a student must report the incident
to the Director of the Affirmative Action and Equity Office. Lesnikoski delayed reporting the
information she received from Player 12 and Player 5 about Weitzell on January 21, 2014 for 29
days. Her delay violated UNHs policy and represents a serious breakdown in established
procedures to ensure the well-being and safety of UNH students. Policy UNH V.B.5.1.1 states
that any instance of sexual harassment of a student by an employee (faculty, administrator, or
staff) that comes to the attention of another employee must be reported. The delay allowed
Weitzell to have continued access to UNH students, during which time Weitzell recorded
additional images of UNH student athletes at another game. In that interim period, Weitzell also
invited Player 5 to his hotel room at the Stony Brook game in early February 2014, where
Weitzell asked Player 5 to sit on his bed, made an inappropriate comment to Player 5 about being
in a bed with a man, and touched Player 5s knee in a manner that made him uncomfortable and
which Player 5 perceived to be an unwelcome advance toward him.
Factors potentially contributing to the delay in reporting included Lesnikoskis
unavailability for the most recent training on Title IX and UNHs sexual harassment policy, as
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well as Lesnikoskis initial hesitancy to utilize available institutional support systems to help
assess her reporting obligation.
During her interview, Lesnikoski was contrite, reflective, candid, and markedly open and
honest about the reasons she delayed reporting Weitzell. She was scared and uncertain about
what to do. She viewed Weitzell to be an older, more established and influential figure in
UNHs basketball program. She lacked personal knowledge about whether Weitzell had in fact
recorded images of the student athletes, and she was worried about the consequences of making
an unsubstantiated report. She also felt pressure from two players who implored her not to report
the matter. She also had not developed a close professional relationship with the coaches.
Despite her delay in reporting, it should be noted that Lesnikoskis report on February 20,
2014 resulted in Weitzells termination of employment and his arrest for criminal conduct. She
was the only employee working with the team who the players confided in about the situation.
When she sensed something was wrong, she showed initiative by affirmatively approaching and
questioning Player 12 and Player 5 after the January 20th away game at Vermont, despite the
players initial dismissiveness in response to her initial inquiries. She also approached Player 2
after the February 19th home game against Vermont to discuss the matter. She had developed a
productive relationship with the players who trusted her. But for Lesnikoskis actions in
reporting Weitzell on February 20th, it is unclear when and if the matter would have been
reported. Her delayed reporting should be assessed taking into consideration all of her actions
under the circumstances presented.
The basketball coaches did not receive any information about Weitzells alleged criminal
conduct and harassing behavior prior to February 20, 2014. We find that no coaches violated
UNHs policies on reporting suspected criminal conduct and/or harassing behavior. All current
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basketball players believed the coaching staff was unaware of Weitzells misconduct. Most
players and Lesnikoski believed the coaching staff did not detect the teams unrest concerning
Weitzell because the coaches were overly preoccupied with rectifying the teams losing season.
The coaches intense focus on the teams losing streak was also cited by many players as one of
the reasons why they were reluctant to report Weitzells conduct to the coaching staff.
One former student athlete insinuated during his interview that a former UNH assistant
coach may have received some unspecified information of concern about Weitzell in the past.
The former player would not elaborate on the insinuation or provide any specific information,
citing his lack of first-hand knowledge regarding the allegation. He heard the second-hand
information from another former basketball player. We attempted to interview the second
former player identified as the source of this information, but the second player declined
repeated requests to be interviewed. No other current or former players or coaches corroborated
this vague information. The former UNH coach was interviewed and credibly denied any
knowledge of Weitzells misconduct. Accordingly, this insinuation cannot be substantiated and
is deemed unfounded based on our investigation. If the identified source of this vague
information accepts our open invitation for an interview at a later date, an addendum to this
report will be issued.
Athletic Director Marty Scarano and Head Athletic Trainer John Dana immediately
reported Weitzell to law enforcement authorities and to the Presidents Office when Lesnikoski
briefed them. They also undertook timely and effective steps, in cooperation with the UNH
Police Department, to curtail Weitzells access to UNH students after receiving the report. They
fully complied with their obligations under UNH policy to report information about harassing
behavior by an employee towards UNH students.
Page 53 of 68
3.
Two players notified
Notification Of Concerns About Weitzell

about concerns with Weitzell. In February 2014, three
days before Lesnikoski reported Weitzell to her superior, Player 1 told Person 1 and McDonnell
twice that Weitzell was creepy. He told Person 1 and McDonnell that Weitzell had invited
Player 5 to his hotel room alone and asked Player 5 to sit with Weitzell on the hotel bed. Player 1
also told Person 1 and McDonnell that Player 5 made an excuse to leave Weitzells hotel room
because he was uncomfortable. Player 1 did not disclose and/or did not know that Weitzell had
touched Player 5s knee on the bed and made an inappropriate comment to him about being in
bed with a man. Player 5 did not report the matter himself.
Person 1 and McDonnell encouraged Player 1 to speak to Herrion, but Player 1 did not do
so. McDonnell told Player 1 that he would talk to Herrion if Player 1 did not, but no discussion
took place prior to Lesnikoskis report. Despite the fact that Person 1 and McDonnell had some
concerns about Player 1s statements regarding Weitzell, neither of them felt the information
warranted an immediate report to Herrion. In retrospect, after Weitzells arrest, McDonnell
expressed regret to Herrion about not sharing the information with him earlier. The teams losing
record and Herrions corresponding despondent demeanor appear to have been considerations
which influenced decisions about not discussing the matter with Herrion immediately.
McDonnell received information from Player 1 at Location
Simultaneously, he is also the head football coach at UNH. He had a close
professional relationship with Herrion and Weitzell, and he was subject to UNHs
Discrimination and Discriminatory Harassment Policy. McDonnell expressed his understanding
that he should have followed up with the information shared by Player 1 three days before
Lesnikoskis report. We do not find, however, that the information shared by Player 1 with
Person 1 and McDonnell presented a clear reporting obligation for McDonnell under UNHs
Page 54 of 68
policy. Player 1 only told Person 1 and McDonnell that Weitzell asked Player 5 to sit on his bed
and Player 5 felt uncomfortable. When Player 1 spoke to Person 1 and McDonnell, he was
dismissive of McDonnells follow up questions. Player 1 characterized Weitzells behavior as
just Whitey being Whitey. In fact, Player 5s encounter with Weitzell in his hotel room was
more serious than Player 1 had disclosed, as Weitzell made inappropriate comments to Player 5
on the bed and touched him in a manner that made him uncomfortable.
In January 2014, prior to the Vermont game, Player 3 expressed concerns to his parents
that Weitzell might be recording the players on his phone. Player 3s parents discouraged their
son from reporting Weitzell without physical evidence and did not want Weitzells reputation to
be ruined if the concerns were not true. Player 3, in turn, shared his parents perspective with
Player 2.
In these two instances of
notification, Player 1 was encouraged by Person 1 and
McDonnell to report but did not do so, and Player 3 was affirmatively discouraged to report.
The Persons Notified took no independent action. These instances suggest some degree of
detachment from UNHs expectations for student reporting of behavioral concerns and
do not align with UNHs education and policy on the importance of reporting behavioral
concerns about UNH employees.
4.
The Clery Act
The concerns and suspicions about Weitzells actions in the locker room represented
potential criminal conduct observed by UNH student athletes that should have been immediately
reported to the UNH Police Department. The federal Clery Act, however, was not applicable to
Weitzells suspected behavior. The conduct observed by student athletes (recording images of
naked athletes in the locker room) and the criminal charges eventually brought against Weitzell
(illegal wiretapping) are not enumerated Clery Crimes.
Page 55 of 68
While a more timely warning of Weitzells threat to the community was warranted, the
timely warning provisions of the Clery Act are inapplicable. Moreover, given that Lesnikoskis
responsibilities as athletic trainer were limited to providing health care and physical training to
student athletes, it is unlikely she would be considered a campus security authority under the
federal law mandating timely warnings of enumerated Clery Crimes. As noted above, however,
she had reporting responsibilities as a UNH employee outside of Clery Act mandates.
5.
Boundary Violations And Assumed Roles
Weitzell lacked oversight and review for his performance of many assumed functions in
which he provided targeted assistance to certain disadvantaged African American players on the
team. His position as Director of Basketball Operations lacked a formal job description. He
used his assumed roles with favorite students to develop questionable peer and parental
relationships with them. These relationships presented classic indicators and red flags
suggesting boundary violations by an employee who developed close relationships with
particular students. These boundary violations were recognized and joked about by the student
athletes, but the coaching staff and administrators did not recognize and appreciate the full extent
of Weitzells interaction with the targeted student athletes. Weitzell referred to his favorite
players as boy and son and encouraged them to call him Pops. He simultaneously spoke
to them about inappropriate topics, and he attempted to bond with them as peers. He took them
out to dinners, helped them purchase necessities, find jobs and invited them to visit his hotel
room alone. None of these efforts were in violation of UNH policies or NCAA regulations, but
more careful oversight of his off-campus official contacts with UNH students as Director of
Basketball Operations was warranted.
Page 56 of 68
6.
Training
UNH has taken steps to improve training for Title IX education and compliance for
students and employees. With the exception of Lesnikoski, the basketball coaching staff had
received Title IX training during the 2013-2014 basketball season. In prior years, training of
coaches and staff was irregular, and all coaches expressed a desire for enhanced training.
B.
Recommendations
We encourage UNH to consider the following recommendations to address the findings

in this Report:
Enhance training for administrators, faculty and staff regarding legal requirements
and reporting obligations for harassing behavior and threats to student safety and
wellness;
Prioritize student awareness and education programs regarding UNHs cultural

values and behavioral expectations for the conduct of administrators, faculty, staff
and students of UNH;
Better educate student athletes on the confidential resources, options and

strategies for effectively reporting behavioral concerns about coaches and staff,
and specifically, where those resources are available outside the Athletics
Department;
Simplify and organize online resources available to students regarding UNHs

policies and procedures for reporting and handling complaints and concerns
regarding potential harassing behavior, as well as the associated links to resources
available to offer assistance;
Improve policies and procedures within the Athletics Department related to the
assignment, evaluation and oversight of coaches and staff who perform mentoring
functions or other ancillary roles in providing off-court assistance to student
athletes;
Ensure that written job descriptions accurately reflect existing duties and roles of
administrators, coaches and staff. Determine whether duties and assignments are
properly reflected in existing job descriptions, and whether job descriptions
and/or roles should be clarified, updated or modified;
Page 57 of 68
Consider adopting a formal evaluation process for part-time coaches and staff
who routinely interact with student athletes in particularized settings (recruiting
functions, off-campus travel, summer camps, etc.);
Establish policies and procedures regarding travel arrangements, hotel

accommodations and bed checks to promote student safety and wellness;
Enhance communication between coaches, staff and student athletes and evaluate
effectiveness of current methods for encouraging and obtaining student feedback
and evaluation of the behaviors of coaches and staff as a step to address the
barriers to reporting identified in this investigation.
We believe these Findings and Recommendations should assist UNH in responding to the
Weitzell matter and implementing remedial measures to improve UNHs responses to instances
of employee misconduct toward its student.
END OF REPORT
Page 58 of 68
EXHIBITA
Page 59 of 68
Witnesses Interviewed
Title
Name
UNH Men's Basketball Plaver

Former UNH Assistant Coach
LINH Men's Basketball Player
UNH Senior Associate Director for
Athletics/Compliance/SWA
UNH Athletics Director of Finance
LINH Student Athlete Development
Former IINH Men's Basketball Player
UNH Men's Basketball Associate Coach
UNH Men's Basketball Head Coach
LINH Video Coordinator (2013 -201 4)l
Current Director of IINH Basketball
Jean Bain
Michelle Bronner
Donna Bronner
Cathy Coakley
Graduate 2
Ken Dempsey
Bill Herrion
Ryan Herrion
Operations
UNH Men's Basketball Assistant Coach
I-INH Athletic Trainer
Mark Kuntz
Mes Lesnikoski
UNH Head Football Coach.

UNH Men's Basketball Player
LINH Athletic Trainer
IINH Men's Basketball Player
UNH Men's Basketball Assistant Coach
Former LINH Men's Basketball Plaver
IINH Men's Basketball Plaver
UNH Men's Basketball Player/Senior Captain
UNH Director of Intercollesiate Athletics
Sean
McDonnell
Cindy Michaud
Chris Mohr
Graduate
Martv Scarano
\Mitnesses Who Declined to Be Interviewed
Title
Former UNH Basketball Player
Former UNH Basketball Player
Name
Graduate 3
Graduate 4
Page 60 of 68
EXHIBIT B
Page 61 of 68
Documents Reviewed
Investigative file of UNH Police, including but not limited to:
Witness Interview Statements and transcriptions

Police Narratives and Reports
Search Warrant Affidavits and reports
Hundreds of images/videos extracted from Mr. Weitzells various hand held devices
Over 16,000 emails extracted from Mr. Weitzells UNH email account
UNH Protocol for Reports of Sexual, Discriminatory and/or Domestic Violence, Sexual
Harassment and Stalking
UNH Mens Basketball Rosters
UNH Mens Basketball Schedules
Training Materials
Student-Athlete Employment Forms, University of New Hampshire Compliance Office
Any and all other documentation, including but not limited to reports, records and
communications provided by University of New Hampshire responsive to requests issued by
investigative counsel.
Page 62 of 68
EXHIBIT C
Page 63 of 68
Page 64 of 68
EXHIBIT D
Page 65 of 68

brg!ryq.t"r"
2013-14 Men's Basketball Roster
Head Coach: Bill Herrion (Merrimack '81) / runth Season

Associate Head Coach: Ken Demosv (Moravian College '83) / Seventh Season
Assistant Coach: Chris Mohr (Merrimack '97) / Nlnth Season
Assistant Coach: Marc Kun (Xavier'00) / Second Season
VideoCoordinator|PlayerDevelopment:@(NewHampshire'12)/FirstSeason
Athletic Trainer: Meo Lesnikoski (Vermont'09)
Strength and Conditioning: John Ciani (Long Beach State)
Page 66 of 68
2Ol'3-14 Men's Basketball Schedule

Overa ll Pct,
onf. Pct, Strea kHo meAwayNeutral
6-24 ,2004-73.2351ost7 3-11 3-12 0-l
Date
Opponent
Sat Nov.
Notes
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Suffolk
$sre
94-70
W,
Wed Nov. 13at Duquesne
Be.ca.o
Final
Sun Nov. 17
NJII
l.
Radio: Wildcat Sports Network
Eex
84-81
71- Final
63
Recao
EgX
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Photos
Thu Nov, 21 at Marquette
TV: CBS Spofts Network
L, 58- Flnal
Eq,
53
Score
Reca o
Sun Nov. 24 Bryant
L, 60-Final
55
Radlo: Wlldcat Sports Network
Box
Score
Eox
Score
Recap
Photos
Sat Nov. 30 Holy Gross

Wed Dec.
Sat Dec,
4 at Central Conn,
TVI Llve Well Network (Comcast 288, Fios

466, Over the Alr 50,2) | Radio: Wildcat
Sports Network
L, 63-Flnaf
9e
52
9core
Recao
L, 65-Final
sr,
56
at Yale
L, 71-Final
ox
Score
Receo
Sun Dec. 15 Stony Erook
Wed Dec. lSDartmouth
TV: Live Well Network (Comcast 288, Flos

466, Over the Alr 50.2) | Radlo: Wlldcat
Sports Network
61
4
Score
L,67-Final
Recap
Box
48
Bsges
L, 62- Final
48
Box
gcgr
Recp
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Sun Dec, 22 at Rhode Island
L, 62. Final
45
Photos
Box
Score
Recao
L,72-Final
Mon Dec. 30 at Towson
Score
64
Sat Jan.
Tue Jan.
4
7
Secred Hcart
ece.q
L, 66-Final
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53
Score
L,72-Ftnal
Eq
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at Brown
Score
68
Thu Jan.
l8
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at Blnghamton *
Wed Jan, 15 UMBC
SatJan.
Hartford *
L, 67- Flnal
38
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Box
Score
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TV:
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College Sports I Radio: Wildcat
Sporb Network
Mon Jan, 20 at Vermont x
Thu Jan. 23
Albany (t.Y.) * Radio: Wildcat Sports Network

9
Page 67 of 68
Recap
e
L, 57- Flnal
40
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W,
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Score
RecaD
+ Vldeo; ESpN3 | Radio: WlldcatSports
Sun Jan, 26 at UMass Lowell
Network
Wed Jan, 29 lrlainc *
Wed Feb.
Sat Feb.
Radio: Wlldcat Sports Network
at UMBC *
at Stony Brook
Wed Feb. 12 Binghanrton
Video:
ESPN3
Sat Feb, 15 at Hartford *

Wed Feb. 19Vermont
W, Flnal
6l-32
L,68-Flnal
Photos
Box
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5r9rs.
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Sat Fe.
22 UMar Lowell
TV: FOX College Sports Atlantic I Radlo:

Wildcat Sports Network
L,58-Final
52
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Recap
Thu Feb, 27 at Albany (N.V.
Sun Mar.
Sat Mar.
2
8
at Maine *

vs. Vermont @ at TV: ESPN3 I Radlo: WlldcatSports Network

University at
Albany *
Home game ln bold.

* = Conference games,
ECtn sLnSScc
[Printer Friendlv'l
Page 68 of 68
L,66-Final
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Investigation

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Investigation

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Redacted to Protect Student Privacy

REPORT OF INVESTIGATIVE COUNSEL

MARCH 27, 2015

Michael A. Delaney, Esquire

IN RECOGNITION OF THE INTERESTS OF THE PRIVACY OF STUDENTS,

Redacted to Protect Student Privacy

INTRODUCTION AND SCOPE OF THE INVESTIGATION....................................4

TIMELINE OF SIGNIFICANT EVENTS......................................................................9

APPLICABLE FEDERAL AND STATE LAW AND UNH POLICIES....................12

Title IX Of The Educational Amendments Of 1972 (Title IX) ....................12

The Federal Clery Act .........................................................................................13

UNH Discrimination and Discriminatory Harassment Policy ........................15

THE 2013-2014 UNH MENS BASKETBALL COACHING AND ATHLETIC

The UNH Mens Basketball Coaching Staff......................................................16

Meg Lesnikoski - The Athletic Trainer For The 2013-2014 Mens

Scott Weitzells Official Duties As Director Of Basketball Operations..........17

Finances And Budgeting..........................................................................18

Away Games .............................................................................................19

Summer Camps And Golf Tournaments...............................................20

Scott Weitzells Background And Reputation At UNH ...................................20

Scott Weitzells Assumed, Unofficial Roles Mentoring Disadvantaged

CONCERNS AND RUMORS ABOUT WEITZELLS CONDUCT TOWARD

Weitzells Interaction With Student Athletes As A Peer .................................25

Weitzells Interaction With Student Athletes As A Parental Figure ..............25

Redacted to Protect Student Privacy

Player 2 Was Warned To Stay Away From Weitzell During His

Ryan Herrions Past Observations Of Weitzells Relationship With

Rumors About Weitzell Videotaping Former Players .....................................27

WEITZELLS RECORDING OF PLAYERS AND INAPPROPRIATE

Towson GameDecember 30, 2013.....................................................................28

Vermont GameJanuary 20, 2014......................................................................29

Meg Lesnikoskis Observations Of Player 12 As He Exited The

Conversations Between The Players On The Bus About

January 21, 2014 Report To Meg Lesnikoski....................................................32

Team Discussions Following The Vermont Game ............................................34

UMBC GameFebruary 5, 2014.........................................................................35

Stony Brook GameFebruary 8, 2014................................................................36

Player 5s Visit To Weitzells Hotel Room ............................................36

Weitzells Recording Of Student Athletes In The Locker Room

Bathroom Incident At Hartford Game-February 15, 2014 .............................39

NOTIFICATION OF CONCERNS ABOUT WEITZELL IN

Player 1s Discussion With Persons........................................................39

Player 3s Discussion With His Parents .................................................41

VIII. DELAYED REPORTING OF WEITZELLS MISCONDUCT .................................42

Home Game Against VermontFebruary 19, 2014 ..........................................42

Redacted to Protect Student Privacy

Lesnikoskis Report To Jon Dana On February 20, 2014................................43

Discussion Between Bill Herrion And Sean McDonnell Regarding

Student Athletes Rationale For Not Reporting................................................44

TRAINING ON BEHAVIORAL EXPECTATIONS AND REPORTING

FINDINGS AND RECOMMENDATIONS ..................................................................49

Pervasive Reluctance To Report Weitzell..............................................49

Reporting Obligations Under UNH Policy ............................................51

Notification Of Concerns About Weitzell ..............................54

The Clery Act ...........................................................................................55

Boundary Violations And Assumed Roles.............................................56

Redacted to Protect Student Privacy

INTRODUCTION AND SCOPE OF THE INVESTIGATION

Redacted to Protect Student Privacy

contacted UNHs administration, Athletics Department or basketball coaches.

Redacted to Protect Student Privacy

Redacted to Protect Student Privacy

Exhibit A, List of Witnesses Interviewed.