Texas Court of Appeals, 15th District, 2025

Brian Beckcom v. Texas A&M University

Texas Court of Appeals, 15th District · Decided September 23, 2025

Opinion

ACCEPTED 15-25-00124-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 9/23/2025 8:33 AM Cause No. 15-25-00124-CV CHRISTOPHER A. PRINE CLERK Brian Beckcom § FILED IN 15th COURT OF APPEALS § Court of Appeals ofAUSTIN, TexasTEXAS v. § 9/23/2025 8:33:43 AM § Fifteenth District CHRISTOPHER A. PRINE Clerk Texas A&M University §

Appellant’s Motion to Abate and Remand for Findings of Fact and Conclusions of Law

Summary of Relief Requested Appellant Brian Beckcom respectfully requests this Court to abate this appeal and remand this case to the trial court, with orders to prepare the findings of fact and conclusions of law that he timely requested.

Background Facts 1. Appellant Brian Beckcom requested Appellee Texas A&M University to provide him with documents in accordance with the requirements of the Public Information Act.1 2. Texas A&M provided Beckcom with some records, but also alleged several grounds for refusing to produce all responsive documents.2

App’x 10–11, 13–14.

App’x 53–70; 135–46.

-1- 3. Unsatisfied with Texas A&M’s responses, Beckcom filed a petition for a writ of mandamus in a Bryan County district court,3 as the Public Information Act requires.4 4. In response—and in lieu of an answer—Texas A&M University filed a plea to the jurisdiction, challenging the trial court’s authority to consider the merits of Beckcom’s petition.5 5. The trial court held a hearing on Texas A&M’s plea.6 6. Following the hearing, the trial court issued an order denying Texas A&M’s plea to the jurisdiction and dismissing Beckcom’s petition— with prejudice.7 7. Beckcom filed a request for findings of fact and conclusions of law, as well as his proposed findings and conclusions, and a proposed order.8 8. Texas A&M objected to Beckcom’s request and his proposed order, but also filed proposed findings and conclusions of its own as an

App’x 4–8.

Tex. Gov’t Code § 552.321.

App’x 19–43.

See generally RR 1–68.

App’x 585.

App’x 586 (request); 598–602 (proposed findings and conclusions); 604 (proposed order). Beckcom also timely filed a notice of past-due findings and conclusions. Id. at 618

-2- alternative.9 9. Beckcom responded to Texas A&M’s objections.10 10. The trial court signed an order sustaining Texas A&M’s objections, in which it also “denied and disregarded” Beckcom’s requests.11 Argument This Court should abate this appeal and order the trial court to prepare the findings of fact and conclusions of law that Beckcom timely requested. The Texas Supreme Court has held that such requests are appropriate in mandamus proceedings that originate in district courts.12 And several of Texas’s intermediate courts of appeals have held that “an appellant suffers injury from such a refusal when the circumstances of the case require him to guess the reason or reasons the court ruled against him.”13 In light of the issues that were pending before the district court, this Court should conclude that its findings and conclusions are required.

App’x 588–593 (objection to request); App’x 610 (objection to order); App’x 605–09 (proposed findings and conclusions).

App’x 594–97.

App’x 616.

Anderson v. City of Seven Points, 806 S.W.2d 791, 792 n.1 (Tex. 1991).

In re S.R.O., 143 S.W.3d 237, 242 (Tex. App.—Waco 2004, no pet.) (citing Beard v. Beard, 49 S.W.3d 40, 52 (Tex. App.—Waco 2001, pet. denied)l Chandler v. Chandler, 991

-3- Here, there is no question that Texas A&M responded to Beckcom’s mandamus petition by arguing that (a) Beckcom “lacked standing” to pursue this relief;14 (b) it produced documents responsive to Beckcom’s request;15 and (c) its decision to withhold documents from Beckcom was correct.16 The district court’s order dismissing Beckcom’s petition for a writ of mandamus suggests that it agreed with Texas A&M’s argument that Beckcom lacked standing.17 But its order expressly denied Texas A&M’s jurisdictional plea.18 And because its order dismissed Beckcom’s petition “with prejudice,” the district court’s order suggests that Beckcom petition was incurably procedurally defective19—an argument that Texas A&M never asserted in its motion or at the hearing.

S.W.2d 367, 389 (Tex. App.—El Paso 1999, pet. denied); Tex. R. App. P. 44.1(a)(2) (error requires reversal if it “probably prevented the appellant from properly presenting the case to the court of appeals”)).

App’x 40–42.

App’x 31–33.

App’x 33–34. Texas A&M also asserted other arguments that were ultimately mooted by Beckcom’s amended petition. Compare App’x 35–40 with App’x 577.

See, e.g., Paxton v. Am. Oversight, 716 S.W.3d 535, 548 (Tex. 2025) (requiring a dismissal of a petition for writ of mandamus filed under the Public Information Act if the district court lacks subject-matter jurisdiction).

App’x 585.

Cf. Univ. of Tex. Rio Grande Valley v. Oteka, 715 S.W.3d 734, 738 & n. 11 (Tex. 2025) (noting that a “failure to exhaust administrative remedies” would result in a “dismissal with prejudice”).

-4- This Court should conclude that the district court erred when “denying and disregarding” Beckcom’s requests for findings of fact and conclusions of law20 because, in their absence, Beckcom can only “guess the reason or reasons the court ruled against him.”21 And as a result, Beckcom’s undersigned counsel risks waiving arguments in this appeal by failing to correctly guess which issues to present.22 Moreover—and perhaps more importantly—this Court has no rational basis for determining which issues Beckcom is required to present and the arguments he must raise to obtain a reversal (or that Texas A&M must present to obtain an affirmance). For example: ¾ Were Beckcom’s requests too broad?

¾ Was the information protected by state or federal law?

¾ Did Texas A&M demonstrate that responsive documents do not exist? If so, what burden of proof did it impose—and on which party—when making that determination?

What’s more, the district court’s determination—without explanation—that Beckcom’s petition should be dismissed dismissed “with

App’x 616.

See note 13, supra. Tex. R. App. P. 38.1(i).

-5- prejudice” also creates far more questions than the parties or this Court could possibly answer without additional guidance. For example: ¾ If the district conclusion was based on the absence of existing documents, and Beckcom learns later that responsive documents have been created, can Beckcom seek production of them in the future?

¾ If Beckcom files a new records request using different criteria, does the court’s existing order now collaterally estop any requests for any documents that could have been the subject of the requests in this proceeding?

¾ Can Beckcom ever request records from Texas A&M again? If so, which ones? And if not, why?

In sum, all of these questions could have been answered—and Beckcom’s appeal could have proceeded much more efficiently—if the district court had complied with Beckcom’s reasonable request. Because an explanation from the district court serves the best interests of this Court, Beckcom, Texas A&M, and any district court that might consider Beckcom’s future public information requests , this Court should order the district court to provide findings and conclusions that support its decision.

Conclusion Appellant Brian Beckcom respectfully requests this Court to abate this appeal and remand this case to the trial court, with orders to prepare the findings of fact and conclusions of law that he timely requested.

-6- Respectfully submitted, /s/ Matthew J. Kita Matthew J. Kita Texas Bar No. 24050883 3110 Webb Avenue, Suite 150 Dallas, Texas 75205 (214) 699-1863 [email protected] Counsel for Appellant

Certificate of Conference I certify that on September 23, 2025, I conferenced with Appellee’s counsel, Jason Contreras, who responded by stating that he is “opposed to this non-meritorious motion.”

/s/ Matthew J. Kita Matthew J. Kita

Certificate of Service I certify that on September 23, 2025, I served a copy of this motion on all counsel of record via e-filing in accordance with Texas Rule of Appellate Procedure 9 and this Court’s local rules.

/s/ Matthew J. Kita Matthew J. Kita

-7- Case No. 15-25-00124-CV ___________________________________________________ Court of Appeals of Texas Fifteenth District ___________________________________________________

Brian Beckcom Appellant v. Texas A&M University Appellee ___________________________________________________ On Appeal from a Dismissal of a Petition for Writ of Mandamus 85th District Court; Bryan County, Texas Cause No. 24-003177-CV-85 Hon. Kyle Hawthorne, Presiding ___________________________________________________ Appellant’s Appendix ___________________________________________________

Matthew J. Kita Texas Bar No. 24050883 3110 Webb Avenue, Suite 150 Dallas, Texas 75205 (214) 699-1863 [email protected] Counsel for Appellant

-1- Table of Contents

Document Page Plaintiﬀ’s Amended Petition for Writ of Mandamus (3/3/25) 4 Agreed Order Consolidating Cases (3/6/25) 16 Defendant’s First Amended Plea to the Jurisdiction (2/19/25) 19 (filed in Cause No. 24-3358-CV-28, consolidated via order above) Plaintiﬀ’s Response to Defendant’s Plea to the Jurisdiction (4/15/25) 576 Court’s Letter Ruling (4/24/25) 584 Order Denying Plea and Dismissing Petition (5/12/25) 585 Plaintiﬀ’s Request for Findings of Fact and Conclusions of Law (6/2/25) 586 Defendant’s Objections to Plaintiﬀ’s Request (6/4/25) 588 Plaintiﬀ’s Response to Defendant’s Objections (6/6/25) 594 Plaintiﬀ’s Proposed Findings and Conclusions (6/6/25) 598 Plaintiﬀ’s Proposed Order Overruling Defendant’s Objections (6/6/25) 603 Plaintiﬀ’s Proposed Order Vacating May 12, 2025 Order (6/6/25) 604 Defendant’s Proposed Findings and Conclusions (6/6/25) 605 Defendant’s Objections to Plaintiﬀ’s Proposed Order (6/9/25) 610 Plaintiﬀ’s Motion for New Trial (6/10/25) 614 Order Sustaining Defendant’s Objections to Plaintiﬀ’s Request (6/16/25) 616

-2- Plaintiﬀ’s Notice of Past Due Findings and Conclusions (6/23/25) 618 Plaintiﬀ’s Designation of Reporter’s Record (6/30/25) 620 Plaintiﬀ’s Notice of Appeal (6/30/25) 622 Plaintiﬀ’s Notice of Appendix in Lieu of Clerk’s Record (6/30/25) 624 District Court’s Docket Sheet 627

-3- Received & Filed 3/3/2025 12:18 PM Gabriel Garcia, District Clerk Brazos County, Texas Emily Velasquez Envelope# - 97984983

Cause No.24-003177-CV-85 Brian Beckcom ) In the District Court of ) vs. ) Brazos County, Texas ) Texas A&M University ) 85th Judicial District Amended Petition for Writ of Mandamus “The purpose of the Texas Public Information Act is to ensure transparency in government so that the public can retain control over the government they created.”1

The Texas Public Information Act (“TPIA”) mandates openness, emphasizing that governmental bodies exist to serve the people, not to withhold information from them. By requiring liberal construction in favor of disclosure, the Texas Legislature intended to empower citizens to fully monitor the official acts of public officials and institutions. Thus, when governmental entities withhold public records, they undermine the very foundation of public accountability that the Act was created to protect.

TAMU is withholding hundreds of pages of documents in this case, claiming a variety of inapplicable privileges and questionable exceptions. Petitioner requests that this Court require TAMU to respond to two particular requests: (1) documents related to a March 2024 investigation into Squadron 17 of the Corps of Cadets; and (2) a “compilation” of DEI documents, and any other documents that exist and have not been produced, related to former

City of Dallas v. Abbott, 304 S.W.3d 380, 385 (Tex. 2010).

-4- Commandant Patrick Michaelis’ plan to completely restructure the Corps of Cadets freshman experience (or “fish brigade”).2

1. Discovery Control Plan 1.1 Petitioner requests expedited relief under Level 1 of the Texas Rules of Civil Procedure.

At this time, Petitioner requests non-monetary relief only, except for attorney fees and court costs, the amount of which will not exceed $100,000.

2. Claim for Relief 2.1 Petitioner seeks only non-monetary relief and attorney’s fees and court costs necessary for the prosecution of this writ and subsequent discovery.

3. Parties 3.1 Petitioner Brian Beckcom is an attorney whose address is 1220 Augusta, Suite 240, Houston, Texas 77057.

3.2. Respondent Texas A&M University is a public university that can be served through its Office of General Counsel at Moore / Connally Building, 6th Floor, 301 Tarrow Street, College Station, Texas 77840-7896 4. Jurisdiction, Venue, and Conditions Precedent 4.1 This Court has jurisdiction under Texas Government Code § 552.321. Venue is mandatory in Brazos County under Texas Government Code § 552.321(b).

4.2 All conditions precedent have been performed or have occurred.

5. Facts Michaelis has since been relieved of his duties by the Texas A&M Board of Regents in August 2024, in part for his insistence on moving forward with the proposed restructure.

-5- 5.1 Petitioner Brian Beckcom sent requests for production under the TPIA that have not been fully responded to.

5.1.1 The TPIA expressly prohibits governmental bodies from refusing to produce documents based on the status of the requester, and yet, TAMU is doing exactly that in this case.

5.1.2. On March 28, 2024, Petitioner Brian Beckcom sent a request for documents related to several investigations into Corps of Cadets.3 TAMU refused to produce any documents related to one particular outfit—Squadron 17–yet produced documents related to other outfits, with appropriate private information redacted, TAMU claimed that because Mr. Beckcom is a parent of one of the students in the outfit, Mr. Beckcom was prohibited from seeing documents related to his son’s outfit.

TAMU’s legal position is incorrect based on black letter law. In fact, the TPIA expressly prohibits governmental entities from discriminating based on the stats of the requestor.4 Further, and strangely, TAMU produced documents related to a different investigation of the same outfit and has produced documents related to investigations of several other Corps units. It is only this one particular investigation, of this one particular outfit, that TAMU seeks to withhold.5 5.1.3 TAMU is also withholding many documents related to the former Commandant’s plans to radically restructure the Corps based on DEI principles. On February 26, 2024, Petitioner Exhibit A, March Corps of Cadets Document Request.

Tex. Gov’t Code 552.223 “The officer for public information or the officer's agent shall treat all requests for information uniformly without regard to the position or occupation of the requestor, the person on whose behalf the request is made, or the status of the individual as a member of the media” Of note, all Corps members were cleared of any alleged wrongdoing.

-6- Brian Beckcom sent a request for documents related to the Corps of Cadets freshman experience. TAMU stated that a “compilation of DEI documents” responsive to the request was withheld. It is still being withheld, along with the planning documents and other documents related to the former Commandant’s plans to restructure the Corps of Cadets6 6. Violation of the Texas Public Information Act 6.1 The TPIA requires that public information be produced "promptly."7 The Texas Supreme Court has emphasized that the TPIA's prompt production requirement is a key part of its purpose to promote government transparency.8 TAMU's failure to provide the requested information and perform an adequate search is a clear violation of the TPIA's unambiguous mandate.

7. Request for Relief Petitioner requests that the Court order TAMU to produce the requested documents and information or perform an in-camera review of the materials to determine the applicability of the alleged privileges. Petitioner Beckcom further requests costs and fees as allowed by law.

Respectfully submitted, VB Attorneys /s/ Brian Beckcom ___________________________________ Brian Beckcom SBN: 24012268 1220 Augusta, Suite 240 Houston, Texas 77057 Exhibit B, Fish Brigade Request.

Austin Bulldog v. Leffingwell, 490 S.W.3d 240, 243-44 (Tex. App.—Austin 2016, no pet.).

Jackson v. State Office of Admin. Hearings, 351 S.W.3d 290, 293 (Tex. 2011).

-7- 713/224-7800 (Office) 713/224-7801 (Facsimile) Certificate of Service On the 3rd day of March a true and correct copy of the foregoing was forwarded to all counsel of record.

/s/Brian Beckcom ___________________________________ Brian Beckcom

-8- EXHIBIT A

-9- March 28, 2024 Texas A&M University by email to: [email protected] Office of Open Records Agronomy Road Mail Stop 1280 College Station, Texas 77843 To Whom It May Concern: Pursuant to Section 552.001, et seq., of the Texas Open Records Act, Public Records Information, please produce the following documents: ● All documents or other materials related to any so-called investigation of Squadron 17, including but not limited to texts, emails, interview notes, screen shots, and any other communications related to the investigation from the Office of the Commandant, the Office of the Vice President of Student Affairs, the Office of Student Conduct, any communications to or from Dr. Douglas Bell related to the investigation, including phone calls, emails, texts or any other form of communication, any notes of any kind related in any manner to any such investigation, along with any other information pertaining to any such investigation ● All documents or materials related to the qualifications or training of the individuals who have participated or will participate in any investigation into Squadron 17, including their resumes, background, application to be part of the Texas A&M University System, conviction records in other student conduct panels on which they have served, any training any such individuals have received in “DE&I” or any related type of training, along with any texts or emails or other forms of communication related to any investigation of Squadron 17, including but not limited to materials in the possession of Dr. Douglas Bell, Joe Ramirez, any of the investigators who participated in any questioning of current cadets or students, and any communications between or amongst same

- 10 - ● Any and all materials which show how any investigation of Squadron 17 was referred to the Office of the Student Affairs or the Office of Student Conduct, including official referral papers and any emails, texts or other forms of communication related to same from anyone in the Office of Student Affairs or Student Conduct or the Office of the Commandant, or elsewhere.

● Any texts, emails or other forms of communication , digital or otherwise, between or among Joe Ramirez and Patrick Michaelis related to the subject of investigating the any Corps outfit or individual for hazing or any other infraction, including but not limited to the investigation of 17, and any such materials from anyone acting with or on behalf of these individuals, as well as any communications of any kind to or from Dr. Douglas Bell related to the same.

I agree to pay reasonable fees for the processing of this request.

As provided by the open records law, I will expect your response within 10 business days. If you choose to deny this request, please provide a written explanation for the denial including a reference to the specific statutory exemption(s) upon which you rely. Also, please provide all segregable portions of otherwise exempt material.

Please remind Dr. Bell, Joe Ramirez, and anyone else who possess potentially responsive information of their obligations under Texas law to preserve any such responsive information.

Please direct any future correspondence to the undersigned or [email protected] We look forward to hearing from you.

Sincerely, /s/ Brian Beckcom Brian Beckom [email protected]

- 11 - EXHIBIT B

- 12 - February 26, 2024 Texas A&M University by email to: [email protected] Office of Open Records Agronomy Road Mail Stop 1280 College Station, Texas 77843 To Whom It May Concern: Pursuant to Section 552.001, et seq., of the Texas Open Records Act, Public Records Information, please produce the following documents: ● All documents or other materials related to the Office of the Commandant’s plans regarding the so-called fish Brigade, including but not limited to any documents from any working groups and any communications regarding the same.

● All materials, studies, communications, etc. referred to in the Commandant’s February 2024 Facebook post regarding “socialization,” “leadership education,” discussion of the “communal/fraternal aspects of the Corps,” any studies or materials concerning same, any discussions or studies of outfit v. Corps culture, the Rellis experiment in late 1940s and 1950s wherein fish were moved to Rellis Air Force Base and any studies or documents concerning same, any study of retention or attrition statistics, any proposed “re-mapping” of the core curriculum, any documents or other materials related to re-writing the Standard and the “Cadence,” and any documents or materials related to Commandant’s Guidance to the Corps or any drafts of same.

● All documents or materials related to the 4 Leadership Development Advisors and any documents related to the Commandant’s plans moving forward regarding the Corps of Cadets.

● Any and all email or other digital communications from anyone in the Commandant’s Office to anyone else related to the subject of the Corps of Cadets or any restructuring of the same.

- 13 - ● Any and all communications from anyone at Texas A&M concerning the plan to restructure the fish and Corps experience, including from the Office of the President of Texas A&M, the Office of the Vice President of Student Affairs, and the Board of Regents.

● Any discussions, communications or materials related to Diversity, Equity and Inclusion as they related to any proposed changes to the Corps of Cadaets and any analysis or reference to the recent laws in Texas as they relate to same, and any analysis regarding whether any proposed changes would potentially impact Texas A&M or the Corps of Cadets from a DEI perspective.

I agree to pay reasonable fees for the processing of this request.

Please direct any future correspondence to the undersigned or [email protected] We look forward to hearing from you.

Sincerely, /s/ Brian Beckcom Brian Beckom [email protected]

- 14 - Automated Certificate of eService This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Michael Granado on behalf of Brian Beckcom Bar No. 24012268 [email protected] Envelope ID: 97984983 Filing Code Description: Amended Filing Filing Description: Amended Petition For Writ of Mandamus Status as of 3/3/2025 4:07 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Patti Artavia [email protected] 3/3/2025 12:18:04 PM SENT Brian ABeckcom [email protected] 3/3/2025 12:18:04 PM SENT Brendan Fradkin [email protected] 3/3/2025 12:18:04 PM SENT Michael Granado [email protected] 3/3/2025 12:18:04 PM SENT Hunter Shurtleff [email protected] 3/3/2025 12:18:04 PM SENT

Associated Case Party: Texas A&M University Name BarNumber Email TimestampSubmitted Status Jason Contreras [email protected] 3/3/2025 12:18:04 PM SENT Nicole A.Myette [email protected] 3/3/2025 12:18:04 PM SENT

- 15 - Received & Filed 3/6/2025 11:36 AM Gabriel Garcia, District Clerk Brazos County, Texas Kristin Emert Envelope# - 98142714

CAUSE NO. 24-003358-CV-85 BRIAN BECKOM, § IN THE DISTRICT COURT § Plaintiff, § § v. § BRAZOS COUNTY, TEXAS § TEXAS A&M UNIVERSITY, § § Defendant. § 85TH JUDICIAL DISTRICT AGREED ORDER GRANTING DEFENDANT’S MOTION TO CONSOLIDATE Came to be considered Defendant Texas A&M University’s Motion to Consolidate. Based on agreement of the parties, the motion is GRANTED.

ACCORDINGLY, it is ORDERED that the two following cases are CONSOLIDATED into one action: 1. Brian Beckcom v. Texas A&M University, in the 85th Judicial District of Brazos County, Texas, Case No. 2024-003177-CV-85 2. Brian Beckcom v. Texas A&M University, in the 85th Judicial District of Brazos County, Texas, Case No. 2024-003358-CV-85.

It is ORDERED that the cause number for the two consolidated cases identified above shall be No. 2024-003177-CV-85.

SIGNED this the _____ day of ____________ 2025.

_________________________ JUDGE PRESIDNG

- 16 - AGREED: /s/ Brendan Fradkin *signed w/ permission Brendan Fradkin Texas Bar No. 24097706 VB Attorneys 1220 Augusta, Suite 240 Houston, TX 77057 [email protected] Counsel for Plaintiff

/s/ Jason T. Contreras Jason T. Contreras Assistant Attorney General Texas Bar No. 24032093 Office of the Attorney General P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Phone: 512-463-2120 Fax: 512-320-0667 [email protected] Counsel for Defendant

- 17 - Automated Certificate of eService This automated certificate of service was created by the efiling system.

Nicole Myette on behalf of Jason Contreras Bar No. 24092093 [email protected] Envelope ID: 98142714 Filing Code Description: Proposed Order Filing Description: AGREED ORDER GRANTING DEFENDANT’S MOTION TO CONSOLIDATE Status as of 3/6/2025 3:15 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Patti Artavia [email protected] 3/6/2025 11:36:00 AM SENT Brian ABeckcom [email protected] 3/6/2025 11:36:00 AM SENT Brendan Fradkin [email protected] 3/6/2025 11:36:00 AM SENT Michael Granado [email protected] 3/6/2025 11:36:00 AM SENT Hunter Shurtleff [email protected] 3/6/2025 11:36:00 AM SENT

Associated Case Party: Texas A&M University Name BarNumber Email TimestampSubmitted Status Jason Contreras [email protected] 3/6/2025 11:36:00 AM SENT Nicole A.Myette [email protected] 3/6/2025 11:36:00 AM SENT

- 18 - CAUSE NO. 24-003358-CV-85 BRIAN BECKOM 1, § IN THE DISTRICT COURT § Plaintiff, § § v. § BRAZOS COUNTY, TEXAS § TEXAS A&M UNIVERSITY, § § Defendant. § 85TH JUDICIAL DISTRICT DEFENDANT’S FIRST AMENDED PLEA TO THE JURISDICTION Defendant Texas A&M University (“TAMU”) files this First Amended Plea to the Jurisdiction because it met its obligations under the Texas Public Information Act (“TPIA”) to produce information responsive to Plaintiff’s TPIA request in issue.

TAMU also properly withheld documents as expressly permitted by the TPIA and controlling law.

Plaintiff also lacks standing because there was no violation of the TPIA that can be redressed by way of this lawsuit. There is no live justiciable controversy or dispute to resolve. Even if a controversy ever existed, which TAMU disputes, it is now moot. Thus, there has been no violation of the TPIA. Plaintiff is not entitled to any relief whatsoever and all TPIA claims should be dismissed with prejudice.

In support, TAMU respectfully offers the following for consideration by the Court:

Plaintiff is not a TAMU student.

- 19 - I. PLAINTIFF’S LITIGATION HISTORY AGAINST TAMU To date, Plaintiff has filed a total of four actions against TAMU complaining of the same or substantially-related TPIA matters, as follows: 1. Beckcom 1 – Plaintiff without explanation voluntarily non-suits case two days before the hearing On March 28, 2024, Plaintiff filed an action styled as follows: Brian Beckcom v. Texas A&M University, in the 85th Judicial District of Brazos County, Texas, Case No. 24-000902-CV-85 (“Beckcom 1”). See Exhibit 1. This was a suit for writ of mandamus under the Texas Public Information Act (“TPIA”). TEX. GOV’T CODE § 552.321. Plaintiff claimed that TAMU failed to produce “full and complete responsive documents” and further “has refused to produce all of the requested public information” in violation of the TPIA. Exhibit 1 at ¶¶ 3.1, 5.2. TAMU timely filed an answer denying the allegations and asserted affirmative defenses.

On May 10, 2024, Plaintiff filed an amended petition for writ of mandamus and, on June 26, 2024, a second amended petition and request for declaratory relief.

Exhibit 2; Exhibit 3. Plaintiff complained of the five following TPIA requests: 1. First request – J000762 – Office of the Commandant docs; 2. Second request – J000767 – Commandant Patrick Michaelis docs; 3. Third request – J001123 – Hiring of the Commandant docs; 4. Fourth request – J0001147 – the Squadron 17 Investigation docs; 5. Fifth request – J001320 – the DEI docs; 6. Sixth request – J001365 – Audio/video of candidates Commandant selection process; and 7. Seventh request – J0001723 – Bathroom renovation docs.

Exhibit 3 at pgs. 2-7.

- 20 - He further complained that TAMU’s hazing investigation of Squadron 17 of the Corps of Cadets was improper. Exhibit 3 at pgs. 4-5.

Without conferring with defense counsel, Plaintiff unilaterally set a hearing on August 9, 2024 (i.e., a date picked by Plaintiff) on the mandamus action as well as a baseless Motion for Sanctions 2 against TAMU. Although having previously filed a Plea to the Jurisdiction, Plaintiff’s repeated amended petitions added more claims which necessitated the filing of a First Amended Plea to the Jurisdiction by TAMU.

Within a few hours of this filing by TAMU setting it on the same date and time selected by Plaintiff – August 9, 2024 – his counsel contacted the undersigned defense counsel suddenly claiming a “scheduling conflict” and requested that TAMU agree to pass on the August 9th hearing date. TAMU declined to do so. On August 7, 2024, two days before the hearing, and without any explanation whatsoever, Plaintiff voluntarily non-suited the case. Exhibit 4.

2. Beckcom 2 – Plaintiff gives TAMU 10 minutes notice of a hearing filed in the wrong venue then non-suits again On November 1, 2024 at 2:50pm, Plaintiff’s counsel through his legal assistant directly emailed Ray Bonilla, General Counsel for the Texas A&M University System, transmitting to him four filings, namely: 1. Plaintiff’s Motion for a Temporary Restraining Order; 2. Affidavit of Brian Beckcom; 3. A proposed order on the motion; and 4. A notice of hearing on the TRO set for November 1, 2024, at 3pm.

Plaintiff’s Motion for Sanctions was filed for improper, bad faith purposes thus the reason why he never pursued it any further.

- 21 - These were not filings in the Beckom 1 matter but rather in a new matter filed in Houston styled as follows: Brian Beckcom v. Texas A&M University, In the 281st Judicial District of Harris County, Texas, Case No. 2024-76697 (“Beckcom 2”).

Exhibit 5. Plaintiff’s TRO Motion involved the same TPIA matters raised in Beckcom 1 and further requested that TAMU be ordered to halt an investigation into the Corps of Cadets. Exhibit 6.

Opposing counsel also informed General Counsel Bonilla there was “an emergency hearing today at 3pm.” Exhibit 5 (emphasis added). Thus, while Plaintiff was sitting in the courthouse in Houston ready to go on TRO motion, he failed to properly serve TAMU with process of the motion and gave Bonilla ten minutes notice of the hearing.

Plaintiff’s counsel did not copy the undersigned defense counsel on the email to Bonilla despite being well-aware that said counsel was representing TAMU in Beckcom 1, a substantially-related matter. When told to cease and desist from contacting TAMU directly, Plaintiff’s counsel Brendan Fradkin responded as follows: “What are you talking about? I’m on vacation and certainly haven’t contacted anyone directly.”

Exhibit 6.

Finding out after the fact, the Harris County judge did not permit Plaintiff to proceed on the TRO motion on Friday, November 1, 2024 due to improper service.

Defense counsel was then informed by the court that same afternoon that Plaintiff re-set the hearing the following Monday, November 4th at 10am. When defense counsel landed in Houston that morning for the hearing, he was informed that

- 22 - Plaintiff’s counsel emailed General Counsel Bonilla around 8am that morning telling him that Plaintiff was passing on the 10 am hearing. Id. Plaintiff’s counsel provided no explanation for passing on their own hearing that they set. Id. TAMU promptly filed a Motion to Transfer Venue based on a Mandatory Venue Statute and set it for hearing on December 20, 2024. Plaintiff responded by filing a Notice of Nonsuit on December 2, 2024. Exhibit 7. It was plainly evident Beckcom was filed solely for purposes of harassment.

3. Beckcom 3 – improper piecemeal litigation On October 24, 2024, Plaintiff filed yet another action styled as follows: Brian Beckcom v. Texas A&M University, in the 85th Judicial District of Brazos County, Texas, Case No. 2024-003177-CV-85. Exhibit 8. This is another suit for writ of mandamus under the TPIA. Plaintiff alleges that TAMU failed to produce documents in response to a TPIA request and requests an order that (1) prohibits TAMU from destroying documents and (2) prohibits TAMU from proceeding with an internal investigation. Id. at pg. 1. The underlying TPIA request (#J3445-101024) was made on October 10, 2024 seeking additional information regarding the investigation into Squadron 17 of TAMU’s Corps of Cadets “in order to analyze claims and potential litigation against the conspirators.” Id. at pgs. 3-5. He further alleges that TAMU is violating the 4th and 14th Amendment rights of its students 3 in connection with the investigation. Id. at pg. 6. He further claims that information should be provided to the public to determine if the investigation is in compliance with “due process.” Id.

Plaintiff is not a TAMU student.

- 23 - On January 13, 2024, TAMU timely filed an answer denying the allegations and asserted several affirmative defenses.

4. Beckcom 4 – improper piecemeal litigation – the instant lawsuit On November 12, 2024, Plaintiff filed a new action styled as follows: Brian Beckcom v. Texas A&M University, in the 85th Judicial District of Brazos County, Texas, Case No. 2024-003358-CV-85 (“Beckcom 4”). Exhibit 9. This is yet another suit for writ of mandamus under the TPIA and is the instant lawsuit as referenced above. He complains that TAMU failed to produce documents in response to a TPIA request and further complains of an investigation into Squadron 17 of the Corps of Cadets. Id. at pgs. 1-4. The TPIA request in issue was made on March 28, 2024, which was the same request raised in Beckcom 1, namely J0001147 – the Squadron 17 Investigation documents.

On December 27, 2024, TAMU timely filed an answer denying the allegations and asserted several affirmative defenses. On January 17, 2025, TAMU filed a Plea to the Jurisdiction since Plaintiff’s mandamus action is without merit, frivolous and brought solely for purposes of harassment. TAMU now files this First Amended Plea to the Jurisdiction. Plaintiff’s claims are without merit and should be dismissed with prejudice.

II. INCORPORATION OF EVIDENCE In filing this plea, TAMU attaches the following affidavits, documents, statements, materials, and other evidence to establish, as evidence in support

- 24 - thereto, and all such evidence is fully incorporated and adopted herein by reference for all purposes: Exhibit 1: Plaintiff’s Original Petition for Writ of Mandamus Exhibit 2: Plaintiff’s First Amended Petition for Writ of Mandamus Exhibit 3: Plaintiff’s Second Amended Petition for Writ of Mandamus Exhibit 4: Plaintiff’s Notice of Non-suit Exhibit 5: Plaintiff’s email to Ray Bonilla Exhibit 6: Emails from Plaintiff’s counsel Exhibit 7: Plaintiff’s Notice of Non-suit Exhibit 8: Plaintiff’s Petition for Writ of Mandamus Exhibit 9: Plaintiff’s Petition for Writ of Mandamus Exhibit 10: Business Records Affidavit, Patricia Bledsoe Exhibit 11: TAMU System policy 61.01, Public Information Act Compliance 4 Exhibit 12: TAMU System regulation, 61.01.02, Public Information Exhibit 13: Plaintiff’s TPIA request w/ history – J001147 Exhibit 14: J1147 production part one (292 pgs) Exhibit 15: J1147 production part two (13 pgs) Exhibit 16: J1147 production June 13, 2024 (108 pgs) Exhibit 17: TAMU Student Code of Conduct III. STATEMENT OF FACTS A. TAMU’s Office of Open Records TAMU’s Office of Open Records (ORO) is dedicated to the principles of open government and strives to ensure compliance with the TPIA. Exhibit 10 at ¶ 5.

TAMU maintains policies regarding TPIA compliance and the establishment of baseline procedures to help members of the TAMU System comply with it. Exhibit 11; Exhibit 12.

TAMU’s ORO oversees the collection process of information requested under the TPIA. Id. The actual collection is done by the department maintaining the

TAMU system policies and regulations identified as Exhibit 24 and Exhibit 25 may be found online accessible to the public at https://orec.tamu.edu/open-records/.

- 25 - information or, in the case of emails, IT for that group. Exhibit 10 at ¶ 5. The ORO reviews, processes and releases information gathered by the respective department and/or IT. Id. The ORO confirms the applicability of exceptions to disclosure on information requested under the TPIA with the Office of General Counsel of The Texas A&M University System (TAMUS OGC). Id. For information determined to be excepted, TAMU’s ORO works with TAMUS OGC to: request a decision from the Office of the Attorney General; confirm the applicability of a prior open records decision from the Office of the Attorney General; confirm TAMU’s authority to redact or withhold excepted information without seeking a decision from the Office of the Attorney General per the TPIA; and/or confirm the applicability of the requestor’s authorization to redact or withhold excepted information without seeking a decision from the Office of the Attorney General. Id. The ORO redacts and/or withholds information requested under TPIA only when: authorized by the Office of the Attorney General in a decision/letter ruling; the information is subject to a prior decision of the Office of the Attorney General; the TPIA authorizes the action; and/or authorized by the requestor. Id. B. Plaintiff’s TPIA Request in Issue – J1147 - the Squadron 17 investigation documents On March 28, 2024, Plaintiff made a request for the following four (4) categories of documents: • All documents or other materials related to any so-called investigation of Squadron 17, including but not limited to texts, emails, interview notes, screen shots, and any other communications related to the investigation from the Office of the Commandant, the Office of the Vice President of Student Affairs, the Office of Student Conduct, any communications to or

- 26 - from Dr. Douglas Bell related to the investigation, including phone calls, emails, texts or any other form of communication, any notes of any kind related in any manner to any such investigation, along with any other information pertaining to any such investigation; • All documents or materials related to the qualifications or training of the individuals who have participated or will participate in any investigation into Squadron 17, including their resumes, background, application to be part of the Texas A&M University System, conviction records in other student conduct panels on which they have served, any training any such individuals have received in “DE&I” or any related type of training, along with any texts or emails or other forms of communication related to any investigation of Squadron 17, including but not limited to materials in the possession of Dr. Douglas Bell, Joe Ramirez, any of the investigators who participated in any questioning of current cadets or students, and any communications between or amongst same; • Any and all materials which show how any investigation of Squadron 17 was referred to the Office of the Student Affairs or the Office of Student Conduct, including official referral papers and any emails, texts or other forms of communication related to same from anyone in the Office of Student Affairs or Student Conduct or the Office of the Commandant, or elsewhere; and • Any texts, emails or other forms of communication, digital or otherwise, between or among Joe Ramirez and Patrick Michaelis related to the subject of investigating the any Corps outfit or individual for hazing or any other infraction, including but not limited to the investigation of 17, and any such materials from anyone acting with or on behalf of these individuals, as well as any communications of any kind to or from Dr. Douglas Bell related to the same.

Exhibit 13.

The same day the request was made, the ORO responded and assigned a reference number to the request. Id. at p. 17. Plaintiff agreed to both the redaction of information subject to mandatory exceptions and to the redaction of information subject to discretionary exceptions. Id. at p. 3.

On April 1, 2024, the ORO requested clarification of the request. Id. at pgs. 15- 16. The clarification requested was to provide a date range to better assist Plaintiff with his request. Id. at p. 13. Shortly thereafter, Plaintiff responded that “[t]his is

- 27 - another form response” and provided the date range of 2023 and 2024. Id. at p. 13.

On May 2, 2024, the ORO informed Plaintiff that his request was still being processed and that responsive documents will be produced by May 8, 2024. Id. at p. 9. TAMU produced the responsive documents on May 8, 2024, subject to redactions and/or withheld information under the TPIA. Exhibit 13 at pgs. 5-6; Exhibit 14 (292 pages produced); Exhibit 15 (13 pages produced).

C. TAMU Produces Additional Documents regarding the Squadron 17 Investigation On or about June 12, 2023, while TAMU was in the process of gathering documents in support of its Plea to the Jurisdiction in Beckcom 1, additional documents responsive to this request were located. Accordingly, on June 13, 2024, TAMU promptly produced to Plaintiff an additional 108-pages of documents. Exhibit 16. They were produced in redacted form pursuant to TEX. GOV’T CODE § 552.114 because they contain personally identifiable student record information. Id. A 46- page document was withheld from disclosure pursuant to TEX. GOV’T CODE § 552.114 because the entire document contains personally identifiable student record information that cannot be sufficiently de-identified.

IV. THE PLEA TO THE JURISDICTION STANDARD “[S]ubject-matter jurisdiction is essential to a court’s power to decide a case.”

Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 553–54 (Tex. 2000). The trial court’s subject matter jurisdiction may be challenged through a plea to the jurisdiction. See Texas Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 225–26 (Tex. 2004); Blue, 34 S.W.3d at 554 (“A plea to the jurisdiction is a dilatory plea, the purpose of which

- 28 - is to defeat a cause of action without regard to whether the claims asserted have merit.”). Whether a court has subject matter jurisdiction is a question of law.

Miranda, 133 S.W.3d at 228.

The plaintiff has the burden of alleging facts that affirmatively demonstrate the trial court’s jurisdiction. Id. at 226. We begin with the allegations in the plaintiff’s live pleadings, which we construe liberally in favor of jurisdiction and, unless challenged with evidence, taken as true. See id. We consider any evidence introduced relevant to the jurisdictional inquiry. See City of Elsa v. Gonzalez, 325 S.W.3d 622, 625 (Tex. 2010); Blue, 34 S.W.3d at 555 (“[A] court deciding a plea to the jurisdiction is not required to look solely to the pleadings but may consider evidence and must do so when necessary to resolve the jurisdictional issues raised.”).

“Standing is implicit in the concept of subject-matter jurisdiction, and subject- matter jurisdiction is essential to the authority of a court to decide a case.” In re Abbott, 601 S.W.3d 802, 807 (Tex. 2020) (orig. proceeding) (citing Tex. Ass'n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 443 (Tex. 1993)). Thus, if Plaintiff lacks standing, this Court lacks subject-matter jurisdiction to proceed with this case.

Mootness is also a threshold issue that implicates a court’s subject matter jurisdiction. See State ex rel. Best v. Harper, 562 S.W.3d 1, 6 (Tex. 2018); Heckman v. Williamson Cnty., 369 S.W.3d 137, 162 (Tex. 2012).

A trial court must determine at its earliest opportunity whether it has the authority to decide the issues before it because if it lacks jurisdiction over the subject matter of the case, its judgment is void. See Tex. Dep’t of Parks & Wildlife v. Miranda,

- 29 - 133 S.W.3d 217, 226 (Tex. 2004). Texas Courts of Appeal have similarly held that jurisdiction is fundamental in nature and must not be ignored. Harper v. Welchem, Inc., 799 S.W.2d 492, 494 (Tex.App.—Houston [14th Dist.] 1990, no writ); Royal Indep. Sch. Dist. v. Ragsdale, 273 S.W.3d 759, 763 (Tex. App.–Houston [14th Dist.] 2008, no pet.); State v. Morse, 903 S.W.2d 100, 101 (Tex.App.–El Paso 1995, no pet.).

V. ARGUMENT AND AUTHORITY A. The Texas Public Information Act The TPIA “guarantees access to public information, subject to certain exceptions.” See generally TEX. GOV’T CODE ch. 552; Tex. Dep’t of Pub. Safety v. Cox Tex. Newspapers, L.P., 343 S.W.3d 112, 114 (Tex. 2011). “Those exceptions embrace the understanding that the public’s right to know is tempered by the individual and other interests at stake in disclosing that information.” Cox Tex. Newspapers, L.P., 343 S.W.3d at 114.

The TPIA defines “public information” in relevant part, as “information that is written, produced, collected, assembled, or maintained under a law or ordinance or in connection with the transaction of official business: (1) by a governmental body; or (2) for a governmental body and the governmental body owns the information or has a right of access to it.” TEX. GOV’T CODE § 552.002(a).

A public information request typically involves the governmental body holding the information and the citizen requesting it. Upon receiving a request for public information, a governmental body must promptly produce the information for inspection, duplication, or both, TEX. GOV’T CODE § 552.221, unless an exception

- 30 - applies. See In re City of Georgetown, 53 S.W.3d 328, 331 (Tex. 2001). The TPIA is to be liberally construed in favor of granting requests for information. TEX. GOV’T CODE § 552.001(b).

If the governmental body believes an exception applies, it must promptly ask the Attorney General for a ruling. See id. § 552.301. Whether an exception under the TPIA applies to support withholding information is a question of law. City of Garland v. Dallas Morning News, 22 S.W.3d 351, 357 (Tex. 2000). The party seeking the exception bears the burden of establishing that the exception applies. See Texas Dep’t of Pub. Safety v. Abbott, 310 S.W.3d 670, 673–74 (Tex. App.—Austin 2010, no pet.).

Because the TPIA is to be “liberally construed in favor of granting a request for information,” TEX. GOV’T CODE § 552.001(b), the exceptions must be narrowly construed. Harris Cnty. Appraisal Dist. v. Integrity Title Co., 483 S.W.3d 62, 69 (Tex. App.—Houston [1st Dist.] 2015, pet. denied).

B. TAMU Produced Documents Responsive to Plaintiff’s TPIA Request regarding the Squadron 17 Investigation – J1147 Plaintiff’s assertion that TAMU has “refused to produce these documents” or that it has “refused to produce full and complete information and documents” in response to his TPIA request is simply false. See Plaintiff’s Petition at pg. 4. In fact, in response to Plaintiff’s clarification on the date range of the requested items to the years 2023 and 2024, TAMU promptly responded by advising him on May 2, 2024 that responsive documents were still being processed, and six days later on May 8, 2024, they were produced subject to redactions permitted under the TPIA. Exhibit at pgs. 5-6, 13; Exhibit 14; Exhibit 15.

- 31 - TAMU is expressly permitted to request clarification pursuant to TEX. GOV’T CODE § 552.222(d), Permissible Inquiry by Governmental Body to Requestor. Per the clarification provided, TAMU’s production of documents were responsive to item 2 (qualifications/training of staff participating in the Squadron 17 investigation), item (any investigation of Squadron 17), and item 4 (communications related to the investigation of any Corps outfit) of that request. Exhibit 13 at p. 2; Exhibit 14; Exhibit 15.

Information about the Squadron 17 hazing investigation was redacted under TEX. GOV’T CODE § 552.114 because the information is personally identifiable to the other students involved in the hazing case (complainant or respondent). Moreover, TAMU’s withholding of the 46-page document from disclosure was appropriate pursuant to TEX. GOV’T CODE § 552.114 because the entire document contains personally identifiable student record information that cannot be sufficiently de- identified.

Indeed, Section 552.114(b) expressly provides that information is confidential and excepted from the requirements of Section 552.021 if it is information in a student record at an educational institution funded wholly or partly by state revenue.

TAMU properly redacted information covered under subsection (b) without requesting a decision from the attorney general. Id. at § 552.114(d). The TPIA specifically adopts the term “student record” as defined by the Family Educational Rights and Privacy Act (FERPA) with respect to “information that constitutes education records.” Id. at § 552.114(a)(1). The redactions were consistent with

- 32 - TAMU’s policies and established protocol in response to TPIA requests. Exhibit 11; Exhibit 12; Exhibit 10 at ¶ 5.

Accordingly, there is no factual basis to support Plaintiff’s obviously incorrect allegation that TAMU “refused to produce these documents” or that it improperly either redacted or withheld responsive documents or materials.

Moreover, his assertion that TAMU employees have been instructed to delete or destroy responsive information or materials is utterly baseless. A review of all exhibits attached hereto indicate no such instruction or direction to do so. TAMU has fully met and complied with its TPIA obligations in response to Plaintiff’s request.

C. TAMU Properly Withheld Documents Containing Personally Identifiable Student Record Information TAMU properly withheld the above-referenced 46 pages of documents pursuant to TEX. GOV’T CODE § 552.114 because the entire document contains personally identifiable student record information that cannot be sufficiently de- identified.

In this regard, in the Squadron 17 investigation mentioned in J1147 (submitted March 28, 2024), the 46 pages of documents were withheld because TAMU reasonably believes that Plaintiff knows the identity of the students to the records relate, that is, the complainant and all students charged, including one of his own sons. In fact, Plaintiff was his son’s representative in the process and knows all particulars of specific acts and the associated conduct charges, making all the information “personally identifiable” to these students as defined by 34 C.F.R. § 99.3.

Personally identifiable information includes, but is not limited to:

- 33 - (a) The student’s name; (b) The name of the student’s parent or other family members; (c) The address of the student or student’s family; (d) A personal identifier, such as the student's social security number, student number, or biometric record; (e) Other indirect identifiers, such as the student's date of birth, place of birth, and mother’s maiden name; (f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or (g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

See 34 C.F.R. § 99.3 (emphasis added); 20 U.S.C.A. § 1232g.

Moreover, Plaintiff’s son has not given the university consent to release information to Plaintiff in TPIA request J0001147 or in any of his other requests.

Similarly, none of the other involved students have provided such consent, either the complainant or other respondents. Even if all mention of students by name is redacted, Plaintiff knows their identities. Thus, disclosure would be a FERPA violation. See 20 U.S.C. § 1232g(b)(1). Plaintiff’s son can access his individual education records from the university, but even his son cannot access information identifiable as to another student absent an exception to FERPA. Based on these circumstances, Section 552.026 grants TAMU the discretion whether to disclose information in an education record if the disclosure is authorized by FERPA. The Univ. of Texas at Austin, et al. v. Gatehouse Media Texas Holdings II, Inc., No. 23- 0023, 2024 WL 5249449, at *6-7 (Tex. Dec. 31, 2024) (mem. op.). Thus, TAMU properly exercised its discretion in this instance to not disclose the 46 pages of documents in compliance with the TPIA.

- 34 - D. Plaintiff Attempts to Mislead the Court by Raising a Completely Unrelated Matter – the Katherine Banks message In his Petition, Plaintiff cites to a message by former TAMU President, Katherine Banks, that “I assume all texts were deleted” suggesting that documents are being hidden or destroyed with respect to the TPIA request in issue. See Plaintiff’s Original Petition at pgs. 1, 5. This claim is patently false.

In order to intentionally mislead the court, Plaintiff failed to provide the context in which the message was made. That message was made in or around June 2023 related to the unsuccessful hiring of Kathleen McElroy to lead TAMU’s new journalism program. A fact-finding committee was created to look into the mishandling of that matter resulting in an internal report released on August 3, 2023.

The report completed by the Office of General Counsel of the Texas A&M University System along with all the documents can be found at https://www.tamus.edu/internal-review/. Contrary to Plaintiff’s baseless contention, no texts or any or documents were deleted in that matter and were, in fact, included in the report.

There is also no evidence to support the claim that any documents were hidden or destroyed regarding Plaintiff’s TPIA request for documents and information pertaining to the Squadron 17 hazing investigation in issue.

E. TAMU Rules Prohibit Hazing - TAMU has an Affirmative Obligation to Investigate Reports of Hazing Every institution of higher education has a code of conduct in some form or fashion that imposes certain obligations and standards regarding student conduct. In

- 35 - this regard, TAMU may discipline students to secure compliance with these higher obligations as a teaching method or to sever the student from the academic community, such as for poor academic performance or misconduct. Exhibit 17; see also TEX. EDUC. CODE § 85.21(a) (TAMUS Board of Regents shall regulate the course of study and prescribe the course of discipline necessary to enforce the faithful discharge of the duties of the officers, faculty, and students).

Among these higher obligations is TAMU’s policy that prohibits organization affiliation misconduct, including hazing, which expressly applies to the Corps of Cadets, Corps outfit, Corps unit, and Corps Special Activities. Exhibit 17 at 24.4.5.

TAMU’s definition of “hazing” is broad and includes many types of misconduct, including physical brutality (whipping, beating, striking, branding, electric shock, etc.), sleep deprivation, activity that subjects an individual to unreasonable risk of harm, activity that causes or forces an individual to commit a violation of criminal law, or that coerces an individual to consume drugs or alcohol, among others. Id. at 24.4.5.1. Conduct constituting hazing is also a violation of Texas law. See TEX. EDUC.

CODE §§ 37.151 and 51.936.

Under Texas law, “hazing” is defined as any intentional, knowing, or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization if the act:

- 36 - (A) is any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity; (B) involves sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other similar activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student; (C) involves consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance, other than as described by Paragraph (E), that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student; (D) is any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code; or (E) involves coercing, as defined by Section 1.07, Penal Code, the student to consume: (i) a drug; or (ii) an alcoholic beverage or liquor in an amount that would lead a reasonable person to believe that the student is intoxicated, as defined by Section 49.01, Penal Code. TEX. EDUC. CODE § 37.151(6).

A TAMU organization, such as Squadron 17, commits an offense if the organization condones or encourages hazing or if an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing. TEX. EDUC. CODE § 37.153(a). A person commits an offense of hazing if that person (1) engages in hazing, (2) solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing, (3) recklessly permits hazing to occur, or (4) has firsthand knowledge of the planning of a specific hazing incident involving a student in an educational institution, or has firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge to the dean of

- 37 - students or other appropriate official of the institution, a peace officer, or a law enforcement agency. Id. at § 37.152. 5 An offense is a misdemeanor punishable by (1) a fine of not less than $5,000 nor more than $10,000; or (2) if the court finds that the offense caused personal injury, property damage, or other loss, a fine of not less than $5,000 nor more than double the amount lost or expenses incurred because of the injury, damage, or loss. Id. § 37.153(b).

State law also permits a school to expel a student for hazing. TEX. EDUC. CODE § 37.007(c)(D).

Texas law also imposes on institutions of higher education such as TAMU the requirement to report on hazing committed on or off campus to include information regarding each disciplinary action taken against an organization for hazing, each conviction for hazing under Section 37.153, including the name of the organization disciplined or convicted, the date the incident occurred, a general description of the incident and violations of the institutions code of conduct or criminal charges, the findings of the institution and any sanctions or fines imposed on the organization.

TEX. EDUC. CODE § 51.936(c-1)(1). Postsecondary institutions such as TAMU are also required to provide to each student attending orientation a notice regarding the nature and availability of the report required under subsection c-1. Id. at c-2.

The only section of this statute held as facially unconstitutional is Section 37.152(a)(3), providing that a person commits a personal hazing offense by recklessly permitting hazing to occur. See State v. Zascavage, 216 S.W.3d 495, 497 (Tex. App.— Fort Worth 2007, pet. ref'd) (high school wrestling coach charged with four counts of hazing).

- 38 - Based on this robust body of law and well-established university rules that not only prohibit hazing but also for discipline and criminal liability for hazing, it is without question that TAMU has an affirmative duty to investigate reports of hazing as well as to provide a report on confirmed acts of hazing. Plaintiff can cite to no legal authority, under the TPIA or elsewhere, that this court can order TAMU to stop a hazing investigation into Squadron 17 “until the TPIA requests have been complied with.” See Beckcom 3 - Plaintiff’s Petition for Writ of Mandamus at ¶ 7.3. Neither can Plaintiff, by way of this lawsuit, obtain an order that TAMU simply “look the other way” or ignore credible reports of hazing and decline to investigate. This request for relief by Plaintiff is utterly frivolous and without legal basis.

F. Plaintiff Raises Numerous Matters that have no Relevance or Bearing on the TPIA Request in Issue In Plaintiff’s Petition for Writ of Mandamus, he raises numerous matters that have nothing to do with the TPIA request in issue, as follows: • Falsely claiming that former TAMU President Katherine Banks encouraged TAMU personnel to destroy texts. Petition at pgs. 1, 5. • An alleged “retaliatory” and “frivolous” investigation against Squadron 17.

Id. at p. 4. • The Commandant of the Corps of Cadets being relieved of command. Id. • An alleged “DEI-inspired agenda” involving building transgender bathrooms and restructuring of the Corps of Cadets “in secret.” Id. None of these matters have any bearing on the TPIA request in issue and do not serve as a basis to aid or assist in the determination of TAMU’s compliance in connection thereto. What is blatantly obvious is that Plaintiff has brought this TPIA mandamus action as nothing more than a conduit through which to express his disagreement with internal university business at TAMU. However, a TPIA

- 39 - mandamus action is not the proper vehicle through which such complaints can or should be addressed.

G. Plaintiff is Not Entitled to Costs or Attorney’s Fees Because he is not the Prevailing Party Based on the controlling law and the evidence presented in support, TAMU met its TPIA obligations in response to Plaintiff’s request. Accordingly, TAMU is the prevailing party. As such, Plaintiff is not entitled to costs of litigation or reasonable attorney fees pursuant to TEX. GOV’T CODE § 552.323.

H. Plaintiff Lacks Standing Plaintiff lacks standing to bring this action. “Standing requires an injury-in- fact that is fairly traceable to the defendant’s conduct and likely to be redressed by a decision in the plaintiff’s favor.” Abbott v. Harris County, 672 S.W.3d 1, 8 (Tex. 2023).

An “injury-in-fact” is “an invasion of a legally protected interest which is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical.” Perez v. Turner, 653 S.W.3d 191, 198 (Tex. 2022).

As set forth in detail above, TAMU complied with its TPIA obligations to disclose information, and it properly withheld documents as expressly permitted therein. For these reasons, any legally protected interest afforded to Plaintiff under the TPIA was not violated. Hence, Plaintiff can show no injury-in-fact traceable to TAMU’s conduct that can be redressed by a decision by this Court in his favor.

Also, Plaintiff has no legal basis upon which to bring suit on behalf of TAMU students or to attempt to interfere with an internal university investigation of Squadron 17 by requesting in this action that any such investigations be halted. This

- 40 - is not only based on the fact he is not a TAMU student, but also that the impacted TAMU students, as college students over the age of eighteen (18), are of majority age and could bring legal action on their own behalf if they so choose to. Nowhere in the TPIA can there be found a provision providing an individual such as Plaintiff withstanding much less grant him the requested injunctive relief.

In the alternative, this case is moot. A case becomes moot when (1) a justiciable controversy no longer exists between the parties, (2) the parties no longer have a legally cognizable interest in the case’s outcome, (3) the court can no longer grant the requested relief or otherwise affect the parties’ rights or interests, or (4) any decision would constitute an impermissible advisory opinion. Electric Reliability Council of Texas, Inc. v. Panda Power Generation Infrastructure Fund, LLC, 619 S.W.3d 628, 634–35 (Tex. 2021).

When a case becomes moot, the court loses jurisdiction and must dismiss the case, because any decision would constitute an advisory opinion that is outside the jurisdiction conferred by Texas Constitution article II, section 1. State ex rel. Best v. Harper, 562 S.W.3d 1, 6 (Tex. 2018). The mootness doctrine is a constitutional limitation that prohibits courts from issuing advisory opinions. Electric Reliability Council of Texas, Inc., 562 S.W.3d at 634.

Here, even if a justiciable controversy ever existed, it no longer exists. This is based on TAMU’s production of additional documents and information responsive to the TPIA requests in issue. More specifically, to the extent there was ever a delay or the unintentional non-production of information, it was remedied by TAMU’s

- 41 - subsequent supplemental production of that information, including the Squadron 17 hazing investigation documents. Exhibit 16. There is no controversy or dispute between the parties. Hence, this court cannot grant him any of the relief he is requesting, and any decision would constitute an impermissible advisory opinion.

I. Plaintiff’s Request for Injunctive Relief Should be Denied Plaintiff requests this court issue an order that TAMU preserve all documents and information and enjoin it from deleting, discarding, or hiding any such information. See Plaintiff’s Petition at ¶ 7.2. There is no evidence that TAMU has deleted, discarded, or is hiding any documents or information, as incorrectly alleged by Plaintiff. Simply stated, no factual basis exists in support of this request for injunctive relief. Thus, Plaintiff has failed to state a viable claim for injunctive relief.

As set forth above, the message by former TAMU President Katherine Banks has no bearing or relevance on the TPIA request in issue. Furthermore, nowhere in the TPIA can be found a provision that would support the injunctive relief requested by Plaintiff.

Finally, it is without dispute that TAMU is a state agency. See Tex. A&M Univ. v. Carapia, 494 S.W.3d 201, 205 (Tex. App.—Waco 2015, pet. denied). As an arm of the state, a state university such as TAMU is entitled to sovereign immunity. See Sampson v. Univ. of Texas at Austin, 500 S.W.3d 380, 384 (Tex. 2016); see also Prairie View A&M Univ. v. Dickens, 243 S.W.3d 732, 735 (Tex. App.—Houston [14th Dist.] 2007, no pet.). Plaintiff’s request for injunctive relief against TAMU is barred by sovereign immunity.

- 42 - VI. PRAYER Wherefore, premises considered, TAMU respectfully requests this First Amended Plea be set for hearing on March 5, 2025, and that this plea be granted thereby dismissing Plaintiff’s claims with prejudice and denying all requested relief.

TAMU further requests all other relief to which it may be justly entitled both at law and in equity.

Respectfully submitted.

KEN PAXTON Attorney General of Texas BRENT WEBSTER First Assistant Attorney General RALPH MOLINA Deputy First Assistant Attorney General AUSTIN KINGHORN Deputy Attorney General for Civil Litigation KIMBERLY GDULA Chief, General Litigation Division /s/ Jason T. Contreras Jason T. Contreras Assistant Attorney General Texas Bar No. 24032093 [email protected] Office of the Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Phone: 512-463-2120 Fax: 512-320-0667 Attorneys for Defendant

- 43 - CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing was served electronically through E-File Texas, File and Serve Texas in compliance with TRCP 21 on February 19, 2025 to: Brendan Fradkin VB Attorneys 1220 Augusta, Suite 240 Houston, TX 77057 [email protected] Counsel for Plaintiff /s/ Jason T. Contreras JASON T. CONTRERAS Assistant Attorney General

- 44 - Received & Filed 3/28/2024 4:08 PM Gabriel Garcia, District Clerk EXHIBIT 1 Brazos County, Texas Kristin Emert Envelope# - 86169545 24-000902-CV-85 Cause No. _ _ __ Brian Beckcom ) In the District Court of ) vs. ) Brazos County, Texas ) Texas A&M University ) _Judicial District Petitioner's Original Petition for Writ of Mandamus In this Petition for Writ of Mandamus under the Texas Public Information Act, Brian Beckcom ("Petitioner") seeks an order from the Court compelling Respondent Texas A&M U niversity ("TAMU") to release public records requested by Petitioner.

1. Discovery Control Plan 1.1 Petitioner requests expedited relief under Level 1 of the Texas Rules of Civil Procedure. At this time, Petitioner requests non-monetary relief only, except for attorney fees and court costs, the amount of which will not exceed $100,000.

2. Claim for Relief 2.1 Petitioner seeks only non monetary relief and attorney's fees and court costs necessary for the prosecution of this writ and subsequent discovery.

3. Parties 3.1 Petitioner Brian Beckcom is an attorney whose address is 6363 Woodway Drive, Suite 400, Houston, Texas 77057.

- 45 - 4. Jurisdiction, Venue, and Conditions Precedent 4.1 This Court has jurisdiction under Texas Government Code § 552.321. Venue 1s mandatory in Brazos County under Texas Government Code§ 552.321 (b).

4.2 All conditions precedent have been performed or have occurred.

5. Facts 5.1 On February 26, 2024, Petitioner submitted two requests for public information to TAMU pursuant to the Texas Public Information Act, Texas Government Code Chapter (the "TPIA"). The requests sought documents related to issues involving the Corps of Cadets, including but not limited to so-called "DE&I" and irregularities related to the hiring of the new Commandant as well as irregularities related to the new Commandant's plan to radically restructure the Corps of Cadets in secret. The requests are attached to this motion as Exhibit 1.

5.2 The TPIA mandates timely responses, and specifically responses within 10 days. To date, over thirty business days later, TAMU has failed to produce full and complete responsive documents and has refused to produce all of the requested public information.

Instead, TAMU initially lodged frivolous form objections, refused to comply with the requests, refused to work with the undersigned, refused to respond to certain emails seeking clarification, and has repeatedly violated Texas open records laws. The email exchanges between Mr. Beckcom and the open records department are attached as Exhibit 2.

Tex. Gov't Code § 552.301

- 46 - 5.3 Given recent occurrences wherein certain individuals at TAMU encourage others to delete text messages and other communications, there is a real and present danger that information and documents may be destroyed. It is imperative that TAMU preserve and produce all relevant information and materials immediately.

5.3 TAMU's failure to "promptly produce" the requested information violates the TPIA • 6. Violation of the Texas Public Information Act 6.1 The TPIA requires that public information be produced "promptly."3 The Texas Supreme Court has emphasized that the TPIA's prompt production requirement is a key part of its purpose to promote government transparency.4 TAMU's failure to provide the requested information is a clear violation of the TPIA's unambiguous mandate.

7. Request for Relief Petitioner requests that the Court: 7.1 Order TAMU to immediately produce all public information responsive to Petitioner's February 26, 2024 TPIA requests immediately; 7.2 Order the video deposition of any personnel at TAMU who have participated in compiling the records requests or answering same; 7.3 Award Petitioner his reasonable attorney fees and costs under TPIA § 552.323, with that amount be decided pursuant to submission of evidence and hearing by this Court; 7.4 Order TAMU to comply fully with the TPIA for any future related requests or face further potential sanctions; and

Tex. Gov't Code§ 552.221(a) Austin Bulldog v. Leffingwell, 490 S.W3d 240, 243-44 (Tex. App.-Austin 2016, no pet.).

4 Jackson v. State Office ofAdmin. Hearings, 351 S.W3d 290, 293 (Tex. 2011).

- 47 - 7.5 Grant all other relief to which Petitioner is entitled.

Respectfully submitted, VB Attorneys /s/ Brian Beckcom Brian Beckcom [email protected] SBN: 24012268 6363 Woodway Dr., Suite 400 Houston, Texas 77057 713/224-7800 (Office) 713/224-7801 (Facsimile)

- 48 - 6363 Woodway Dnve ~Attorneys Suite400 Houston, Texas 77057 Tel (713) 224-7800 Brian Beckcom Fax (713) 224-7801 Board Certified in Personal Injury Trial Law www.VBAttorneys.com Texas Board of Legal Spectalizat1on

February 26, 2024

• All documents or other materials related to the Office of the Commandant's plans regarding the so-called fish Brigade, including but not limited to any documents from any working groups and any communications regarding the same.

• All materials, studies, communications, etc. referred to in the Commandant's February 2024 Facebook post regarding "socialization," "leadership education," discussion of the "communal/ fraternal aspects of the Corps," any studies or materials concerning same, any discussions or studies of outfit v. Corps culture, the Rellis experiment in late 1940s and 1950s wherein fish were moved to Rellis Air Force Base and any studies or documents concerning same, any study of retention or attrition statistics, any proposed "re-mapping" of the core curriculum, any documents or other materials related to re-writing the Standard and the "Cadence," and any documents or materials related to Commandant's Guidance to the Corps or any drafts of same.

• All documents or materials related to the 4 Leadership Development Advisors and any documents related to the Commandant's plans moving forward regarding the Corps of Cadets.

• Any and all email or other digital communications from anyone in the Commandant's Office to anyone else related to the subject of the Corps of Cadets or any restructuring of the same.

WJASINO\IB.xl:ii51fCI COM Pt.LC - 49 - • Any and all communications from anyone at Texas A&M concerning the plan to restructure the fish and Corps experience, including from the Office of the President of Texas A&M, the Office of the Vice President of Student Affairs, and the Board of Regents.

• Any discussions, communications or materials related to Diversity, Equity and Inclusion as they related to any proposed changes to the Corps of Cadaets and any analysis or reference to the recent laws in Texas as they relate to same, and any analysis regarding whether any proposed changes would potentially impact Texas A&M or the Corps of Cadets from a DEI perspective.

I agree to pay reasonable fees for the processing of this request.

Please direct any future correspondence to the undersigned or [email protected] We look forward to hearing from you.

Sincerely, / s/ Brian Beckcom Brian Beckom [email protected]

VUJASINO\ffiicl,i61t COM PLLC - 50 - 6363 Woodway Dnve

~Attorneys Suite400 Houston, Texas 77057 Tel (713) 224-7800 Brian Beckcom Fax (713) 224-7801 Board Certified in Personal Injury Tnal Law WtNw.VBAtto rne ys.com Texas Board of Legal Speciahzat1on

February 26, 2024

Texas A&M University by email to: [email protected] Office of Open Records Agronomy Road Mail Stop 1280 College Station, Texas 77843 To Whom It May Concern: Pursuant to Section 552.001, et seq., of the Texas Open Records Act, Public Records Information, please produce the following documents: 1. Any contracts of employment for the Commandant of the Corps of Cadets, Patrick Michaelis, any drafts of the same, any communications in whatever form regarding the same, and any other agreements which relate to the same; 2. Any documents or materials related to the selection of Patrick Michaelis as Commandant, including but not limited to meeting notes, interview notes, memos, discussions, digital communications of any form, any discussion or notes regarding why Michaelis was selected over other candidates, and any other documents or materials concerning the same.

I agree to pay reasonable fees for the processing of this request.

Please direct any future correspondence to the undersigned or [email protected] We look forward to hearing from you.

VUJASINO\IB-xl'liBitCIKCOM PLLC - 51 - Sincerely, /s/ Brian Beckcom Brian Beckom [email protected]

VUJASINO\ffi.xt.liff>itCI COM PUC

- 52 - 1000762-022624 - Public Information Records Message History (18} +-, On 3/29/2024 2:42:02 PM, Brian Beckcom wrote: TO: "Texas A&M University Public Records Support"[[email protected]] CC: [[email protected]], [[email protected]], [[email protected]] Ms. Brashear: TAMU has repeatedly and intentionally violated Texas law. I will proceed accordingly. -bb VBAttomeysLessons from Leaders PodcastMy Bio Video

On Fri, Mar 29, 2024 at 2:15 PM Texas A&M University Public Records Support wrote:

~ On 3/29/2024 2:15:12 PM, Texas A&M University Public Records Support wrote: CC: [email protected]; [email protected]; [email protected] Subject: Public Information Records:: 1000762-022624 Body: 03/29/2024

RE: PUBLIC RECORDS REQUEST of February 26, 2024, Reference# 1000762-022624 Dear Brian Beckcom, Our apologies for the delay, but we are still in the process oflocating and gathering records responsive to your request.

As required by Tex. Gov't Code sec. 552.22l(d), we anticipate having any remaining records found responsive to your request to you no later than the close of business on Friday, April 5th.

Sincerely, Knesha Brashear Open Records Office

Page 1 Exhibit 2 - 53 - ~ On 3/23/2024 4:51:02 PM, Brian Beckcom wrote: TO: "Texas A&M University Public Records Support"[[email protected]] CC: "Patti"[[email protected]], "Brendan Fradkin"[[email protected]], "open- [email protected]" [[email protected]] This email confirms that the Open Records Office at TAMU promised to respond by March 21, 2024, after being given multiple extensions, and then, on March 21, 2024, did not comply with the open records request, and instead produced almost nothing responsive.

Please explain to me why you promised to produce materials on March 21st after being given multiple extensions and then did not do so. Please include the legal justification for your failure to comply with Texas Open Records laws. Please also identify the individuals you have been working with on these requests as their depositions may be necessary.

Also, for some reason you refuse to reply to Brendan and Patti as well. Please do so going forward, including with any future document requests.

Thank you. -bb VBAttomeysLessons from Leaders PodcastMy Bio Video

On Mon, Mar 11, 2024 at 9:19 AM Texas A&M University Public Records Support wrote:

Page 2 Exhibit 2 - 54 - ~ On 3/23/2024 4:03:02 PM, Brian Beckcom wrote: TO: "Texas A&M University Public Records Support"[[email protected]] CC: "Patti Artavia"[[email protected]], "Brendan Fradkin"[[email protected]], "open- [email protected]" [[email protected]] By copy of this email, I hereby confirm that Texas A&M originally claimed the request was overbroad and that TAMU needed additional time to gather the documents, then, when the documents were partially produced, TAMU only produced three PowerPoint presentations that could have been produced in five minutes. Put another away, the original objections were frivolous, and the request for more time was also frivolous.

At this point, it is clear that TAMU is slow-playing the request for strategic and tactical reasons, which violates the Texas Open Records laws.

I expect the next production to be responsive, full, and complete. If not, I will pursue formal legal action, which will include potentially depositions and forensic discovery.

I remind you (yet again) to let any involved parties know about their legal obligations to keep and maintain all records, including but not limited to emails, texts, and any other digital communications. -bb Brian Beckcom www .VBAttomeys.com www.BrianBeckcom.org

On Fri, Mar 22, 2024 at 12:20 PM Texas A&M University Public Records Support wrote:

Page 3 Exhibit 2 - 55 - E;2j On 3/22/2024 12:20:14 PM, Texas A&M University Public Records Support wrote: CC: [email protected] Subject: Public Information Records:: 1000762-022624 Body: 03/22/2024

RE: PUBLIC RECORDS REQUEST of February 26, 2024, Reference# 1000762-022624 Dear Brian Beckcom, As mentioned in our correspondence sent to you yesterday, we are still processing the remaining items of your request and expect to have a response to you on or before Friday, March 29th.

Sincerely, Knesha Brashear Open Records Office

GovO\ Exhibit 2 Page 4

- 56 - ~ On 3/22/2024 11:24:02 AM, Brian Beckcom wrote: TO: "Texas A&M University Public Records Support"[[email protected]] CC: "Brendan Fradkin"[[email protected]], "Patti"[[email protected]], "open- [email protected]"[[email protected]] See below page advise today.

Thanks. -bb Brian Beckcom www.VBAttomeys.com www .BrianBeckcom.org

On Thu, Mar 21, 2024 at 11 :04 PM Brian Beckcom wrote: I received part one of the responses. Where are the rest of the materials?

Please advise immediately as TAMU is now potentially in violation of the open records laws, which mandate timely and complete responses.

Also, please continue to ensure that all relevant materials of any nature preserved.

Thank you. -bb Brian Beckcom www.VBAttorneys.com www.BrianBeckcom.org

On Thu, Mar 21, 2024 at 6:05 PM Texas A&M University Public Records Support wrote:

Page 5 Exhibit 2 - 57 - +-, On 3/21/2024 11:06:02 PM, Brian Beckcom wrote: TO: "Brendan Fradkin"[[email protected]], "Patti"[[email protected]], "Texas A&M University Public Records Support"[[email protected]] CC: "[email protected]" [[email protected]] I received part one of the responses. Where are the rest of the materials?

Please advise immediately as TAMU is now potentially in violation of the open records laws, which mandate timely and complete responses.

Also, please continue to ensure that all relevant materials of any nature preserved.

Thank you. -bb Brian Beckcom www.VBAttomeys.com www.BrianBeckcom.org

On Thu, Mar 21, 2024 at 6:05 PM Texas A&M University Public Records Support wrote:

1S21 On 3/21/2024 6:05:12 PM, Texas A&M University Public Records Support wrote: CC: [email protected] Subject: Public Information Records:: 1000762-022624 Body: 03/21/2024

RE: PUBLIC RECORDS REQUEST of February 26, 2024, Reference# 1000762-022624 Dear Brian Beckcom, Texas A&M University received a public information request from you on February 26, 2024. Your request mentioned: "Pursuant to Section 552.001, et seq., ofthe Texas Open Records Act, Public Records Information, please produce the following documents: • All documents or other materials related to the Office ofthe Commandant's plans regarding the so-called fish Brigade, including but not limited to any documents from any working groups and any communications regarding the same. • All materials, studies, communications, etc. referred to in the Commandant's February 2024 Facebook post regarding "socialization, " "leadership education," discussion ofthe "communal/fraternal aspects of the Corps," any studies or materials concerning same, any

Page 6 Exhibit 2 - 58 - discussions or studies ofoutfit v. Corps culture, the Rel/is experiment in late 1940s and 1950s wherein fish were moved to Rel/is Air Force Base and any studies or documents concerning same, any study ofretention or attrition statistics, any proposed "re-mapping" of the core curriculum, any documents or other materials related to re-writing the Standard and the "Cadence, " and any documents or materials related to Commandant's Guidance to the Corps or any drafts ofsame. • All documents or materials related to the 4 Leadership Development Advisors and any documents related to the Commandant's plans moving forward regarding the Corps of Cadets. • Any and all email or other digital communications from anyone in the Commandant's Office to anyone else related to the subject ofthe Corps ofCadets or any restructuring ofthe same. • Any and all communications from anyone at Texas A&M concerning the plan to restructure the fish and Corps experience, including from the Office ofthe President ofTexas A&M, the Office ofthe Vice President ofStudent Affairs, and the Board ofRegents. • Any discussions, communications or materials related to Diversity, Equity and Inclusion as they related to any proposed changes to the Corps ofCadaets and any analysis or reference to the recent laws in Texas as they relate to same, and any analysis regarding whether any proposed changes 11 Information found to be responsive to items 2 and 3 of your request is available and can be obtained by visiting the Public Records Online Portal and logging in from the "My Request Center'' tab.

Please note that we are still processing the remaining items of your request and expect to have a response to you on or before Friday, March 29th.

Sincerely, Knesha Brashear Open Records Office

Page 7 Exhibit 2 - 59 - E2i On 3/11/2024 9:19:01 AM, Texas A&M University Public Records Support wrote: CC: [email protected]; [email protected]; [email protected] Subject: Public Information Records:: 1000762-022624 Body: 03/11/2024 RE: PUBLIC RECORDS REQUEST, Reference# 1000762-022624 Dear Brian Beckcom, We are in receipt of your narrowed request, received on March 7th and appreciate your willingness to work with us. We are processing your narrowed request and expect to have a response to you on or before your tenth ( I 0th) business day of March 21, 2024.

Sincerely, Tricia Bledsoe Open Records Office

~ On 3/11/2024 6:03:03 AM, Brian Beckcom wrote: TO: "Texas A&M University Public Records Support"[[email protected]] CC: [[email protected]], "Patti Artavia"[[email protected]], "Brendan Fradkin" ([email protected]] Ms. Kacer: I hope you had a relaxing weekend.

I have sent a few emails with no response and no acknowledgement. I would very much appreciate your responding to my requests. My hope is you will comply with the requests as limited and produce the overdue materials immediately. Please let me know the status. I am hoping we can avoid further legal measures and can work cooperatively.

I am happy to send my own IT team to assist if needed.

-bb VBAttomeysLessons from Leaders PodcastMy Bio Video

On Fri, Mar 8, 2024 at 2: 13 PM Brian Beckcom wrote: Ms. Kacer: Please respond to my questions and to the unobjected to FOIA requests today. Otherwise, we will move forward with legal action as authorized by statute and Texas law.

GcivO\ Exhibit 2 Page 8

- 60 - -bb VBAttomeysLessons from Leaders PodcastMy Bio Video

On Fri, Mar 8, 2024 at 10:28 AM Brian Beckcom wrote: Ms. Kacer: 1. Please confirm that Texas A&M will produce the items for which there was no objection by today's statutory deadline; 2. Please confirm that the relevant personnel have been informed of their obligations to preserve all communications, documents, etc and not destroy, alter, or otherwise impede the ability to obtain the requested documents and information.

-bb VBAttomeysLessons from Leaders PodcastMy Bio Video

On Thu, Mar 7, 2024 at 9:30 AM Brian Beckcom wrote: Ms. Kacer: Thank you for your form letter. I obviously am not requesting a blind search, or an unlimited search, and my request is obviously limited in scope and time. I also note that you have not objected to some of the requests, which makes the responses to those requests now one day overdue. Please produce any and all materials to which you do not object immediately, or advise why you refuse to do so.

For the sake of compromise, we are willing to limit the request at this juncture to the years 2023 and 2024. We are willing to limit the scope to personnel in the Office of the Commandant, Office of the Vice President of Student Affairs, and Office of the President.

With respect to identifying the name(s) of individuals with documents, that objection is quite obviously improper as well as illogical. Ifl knew all the name(s) of the people involved, I wouldn't be sending a request, obviously. In fact, one of the purposes of information requests is to learn the personnel involved.

With that said, there is a limited number of personnel employed at the Office of the Commandant and the ROTCs, in fact the website lists less than 25 employees, so your form objection that A&M has "thousands" of employees is frivolous.

I would suggest you start with these folks: https://corps.tamu.edu/staff-directory/ I would likewise request that you inform the personnel in the Trigon, the ROTCs, the Office of the Vice President, and the Office of the President of their continuing obligations under law to preserve all documents, communications, and other matters. Destruction of documents -- even those subject to document retention procedures -- is improper and impermissible under Texas law, and may result in a variety of consequences both individually and institutionally, so please ensure that the relevant personnel understand their obligations in this regard.

Thank you. Please do not hesitate to call me with any questions. In the meantime, I look forward to receiving the materials to which there are no objections today.

Going forward, I request that you copy my colleagues Patti Artavia and Brendan Fradkin, cc'd above, on all future communications.

Page 9 Exhibit 2 - 61 - -bb VBAttomeysLessons from Leaders PodcastMy Bio Video

On Wed, Mar 6, 2024 at 6:56 PM Texas A&M University Public Records Support wrote:

+-, On 3/8/2024 3:15:33 PM, Brian Beckcom wrote: TO: "Texas A&M University Public Records Support"[[email protected]] CC: [[email protected]], "Patti Artavia"[[email protected]], "Brendan Fradkin" [[email protected]] Ms. Kacer: Please respond to my questions and to the unobjected to FOIA requests today. Otherwise, we will move forward with legal action as authorized by statute and Texas law.

-bb VBAttomeysLessons from Leaders PodcastMy Bio Video

GovO\ Exhibit 2 Page 10

- 62 - Student Affairs, and Office of the President.

I would suggest you start with these folks: https://corps.tamu.edu/staff-directory/ I would likewise request that you inform the personnel in the Trigon, the ROTCs, the Office of the Vice Presidel).t, and the Office of the President of their continuing obligations under law to preserve all documents, communications, and other matters. Destruction of documents -- even those subject to document retention procedures -- is improper and impermissible under Texas law, and may result in a variety of consequences both individually and institutionally, so please ensure that the relevant personnel understand their obligations in this regard.

Thank you. Please do not hesitate to call me with any questions. In the meantime, I look forward to receiving the materials to which there are no objections today.

Going forward, I request that you copy my colleagues Patti Artavia and Brendan Fradkin, cc'd above, on all future communications. -bb VBAttomeysLessons from Leaders PodcastMy Bio Video

On Wed, Mar 6, 2024 at 6:56 PM Texas A&M University Public Records Support wrote:

~ On 3/8/2024 10:30:43 AM, Brian Beckcom wrote: TO: "Texas A&M University Public Records Support"[[email protected]] CC: [[email protected]], "Patti Artavia"[[email protected]], "Brendan Fradkin" [[email protected]] Ms. Kacer: 1. Please confirm that Texas A&M will produce the items for which there was no objection by today's statutory deadline; 2. Please confirm that the relevant personnel have been informed of their obligations to preserve all communications, documents, etc and not destroy, alter, or otherwise impede the ability to obtain the requested documents and information.

-bb VBAttomeysLessons from Leaders PodcastMy Bio Video

GovO\ Exhibit 2 Page 11

- 63 - On Thu, Mar 7, 2024 at 9:30 AM Brian Beckcom wrote: Ms. Kacer: Thank you for your form letter. I obviously am not requesting a blind search, or an unlimited search, and my request is obviously limited in scope and time. I also note that you have not objected to some of the requests, which makes the responses to those requests now one day overdue. Please produce any and all materials to which you do not object immediately, or advise why you refuse to do so.

With respect to identifying the name(s) of individuals with documents, that objection is quite obviously improper as well as illogical. If I knew all the name(s) of the people involved, I wouldn't be sending a request, obviously. In fact, one of the purposes of information requests is to learn the personnel involved.

Thank you. Please do not hesitate to call me with any questions. In the meantime, I look forward to receiving the materials to which there are no objections today.

Going forward, I request that you copy my colleagues Patti Artavia and Brendan Fradkin, cc'd above, on all future communications. -bb VBAttomeysLessons from Leaders PodcastMy Bio Video

On Wed, Mar 6, 2024 at 6:56 PM Texas A&M University Public Records Support wrote:

G"ovO\ Exhibit 2 Page 12

- 64 - ~ On 3/7/2024 9:33:02 AM, Brian Beckcom wrote: TO: "Texas A&M University Public Records Support"[[email protected]] CC: [[email protected]], "Patti Artavia"[[email protected]], "Brendan Fradkin" [[email protected]] Ms. Kacer: Thank you for your form letter. I obviously am not requesting a blind search, or an unlimited search, and my request is obviously limited in scope and time. I also note that you have not objected to some of the requests, which makes the responses to those requests now one day overdue. Please produce any and all materials to which you do not object immediately, or advise why you refuse to do so.

Thank you. Please do not hesitate to call me with any questions. In the meantime, I look forward to receiving the materials to which there are no objections today.

Going forward, I request that you copy my colleagues Patti Artavia and Brendan Fradkin, cc'd above, on all future communications. -bb VBAttomeysLessons from Leaders PodcastMy Bio Video

On Wed, Mar 6, 2024 at 6:56 PM Texas A&M University Public Records Support wrote:

i:;:3 On 3/6/2024 6:56:02 PM, Texas A&M University Public Records Support wrote: CC: [email protected] Subject: Public Information Records :: J000762-022624 Body: March 6, 2024

GovO\ Exhibit 2 Page 13

- 65 - RE: PUBLIC RECORDS REQUEST of February 26, 2024, Reference# J000762-022624 Dear Brian Beckcom, Texas A&M University received a public information request from you on February 26, 2024. Your request mentioned: "From: Patti Artavia <[email protected]> Sent: Monday, February 26, 2024 7:03 AM To: [email protected] Subject: Open Records Request Please see attached letter. Thank you Patti Artavia Senior Paralegal/Case Manager 2016 AAJ Paralegal of the Year VBAttorneys.com Direct Dial (832) 791-3118

Pursuant to Section 552.001, et seq., ofthe Texas Open Records Act, Public Records Information, please produce the following documents: • All documents or other materials related to the Office ofthe Commandant's plans regarding the so-called fish Brigade, including but not limited to any documents from any working groups and any communications regarding the same. • All materials, studies, communications, etc. referred to in the Commandant's February 2024 Facebook post regarding "socialization," "leadership education," discussion ofthe "communal/fraternal aspects of the Corps, " any studies or materials concerning same, any discussions or studies ofoutfit v. Corps culture, the Rellis experiment in late 1940s and 1950s wherein fish were moved to Rellis Air Force Base and any studies or documents concerning same, any study ofretention or attrition statistics, any proposed "re-mapping" of the core curriculum, any documents or other materials related to re-writing the Standard and the "Cadence, " and any documents or materials related to Commandant's Guidance to the Corps or any drafts ofsame. • All documents or materials related to the 4 Leadership Development Advisors and any documents related to the Commandant's plans moving forward regarding the Corps of Cadets. • Any and all email or other digital communications from anyone in the Commandant's Office to anyone else related to the subject ofthe Corps ofCadets or any restructuring of the same. • Any and all communications from anyone at Texas A&M concerning the plan to restructure

GovO\ Exhibit 2 Page 14

- 66 - the fish and Corps experience, includingfrom the Office of the President of Texas A&M, the Office of the Vice President ofStudent Affairs, and the Board ofRegents. • Any discussions, communications or materials related to Diversity, Equity and Inclusion as they related to any proposed changes to the Corps ofCadaets and any analysis or reference to the recent laws in Texas as they relate to same, and any analysis regarding whether any proposed changes "</[email protected]>

Our office is unable to conduct a blind search for "• All documents or other materials related to the Office ofthe Commandant's plans regarding the so-called fish Brigade, including but not limited to any documents from any working groups and any communications regarding the same. • All materials, studies, communications, etc. referred to in the Commandant's February 2024 Facebook post regarding "socialization," "leadership education," discussion ofthe "communal/fraternal aspects ofthe Corps," any studies or materials concerning same, any discussions or studies of outfit v. Corps culture, the Rel/is experiment in late 1940s and 1950s wherein fish were moved to Rel/is Air Force Base and any studies or documents concerning same, any study ofretention or attrition statistics, any proposed "re-mapping" of the core curriculum, any documents or other materials related to re-writing the Standard and the "Cadence," and any documents or materials related to Commandant's Guidance to the Corps or any drafts ofsame. • All documents or materials related to the 4 Leadership Development Advisors and any documents related to the Commandant's plans moving forward regarding the Corps of Cadets. • Any and all email or other digital communications from anyone in the Commandant's Office to anyone else related to the subject ofthe Corps ofCadets or any restructuring of the same. • Any and all communications from anyone at Texas A&M concerning the plan to restructure the fish and Corps experience, includingfrom the Office ofthe President of Texas A&M, the Office ofthe Vice President ofStudent Affairs, and the Board ofRegents. • Any discussions, communications or materials related to Diversity, Equity and Inclusion as they related to any proposed changes to the Corps of Cadaets and any analysis or reference to the recent laws in Texas as they relate to same, and any analysis regarding whether any proposed changes" as there are numerous employees within the the Office of the Commandant and thousands of employees within the university. A request of this magnitude is too broad. Therefore, we are requesting that you narrow your request by providing us with the name(s) of employees who would be in possession of the requested records. Additionally, if you could please provide us with a date range so that we can better assist you with your request.

As provided by section 552.222(d) of the Texas Public Information Act, your request will be considered

Gov()\ Exhibit 2 Page 15

- 67 - withdrawn if we do not receive a response from you by the 61st day after the date of this request for clarification/narrowing.

Sincerely, Leslie Kacer Open Records Office ~ On 2/26/2024 11:15:43 AM, Brian Beckcom wrote: TO: "Texas A&M University Public Records Support"[[email protected]] CC: [[email protected]] Yes to both questions.

Please make sure all the records requested are preserved.

Thank you.

On Feb 26, 2024, at 9: 10 AM, Texas A&M University Public Records Support wrote:

Page 16 Exhibit 2 - 68 - Ea On 2/26/2024 9: 10:20 AM, Texas A&M University Public Records Support wrote: CC: [email protected] Subject: Public Information Records :: }000762-022624 Body: February 26, 2024 BRIAN BECKCOM (1000762-022624): REQUEST FOR CLARIFICATION/NARROWING; REDACTION RESPONSES REQUESTED There are now 2 statements regarding mandatory exceptions and discretionary exceptions you need to select for your open records request. These questions are derived from a form developed by the Office of the Attorney General, dated 10/01/19. Please select "yes" or "no" in regards to these 2 exception questions for your open records request. Selecting "yes" will allow the university to expedite your request by avoiding the necessity of seeking a decision from the Office of the Attorney General.

#1 Do you agree to the redaction of information that is subject to mandatory exceptions, provided such redactions are clearly labeled on information you receive? (Yes or No)

Do you agree to the redaction of information that is subject to discretionary exceptions, provided such redactions are clearly labeled on information you receive? (Yes or No) Note: This is a request for clarification/narrowing of your request. Section 552.222 provides that a request for information is considered withdrawn if the requestor does not respond in writing to a governmental body's written request for clarification or additional information within 61 days.

Sincerely, Leslie Kacer Open Records Office

Page 17 Exhibit 2

- 69 - E;2l On 2/26/2024 8:54:25 AM, Texas A&M University Public Records Support wrote: Dear Brian Beckcom: We received your public information request for Texas A&M University. Your request was given the reference number J000762-022624 for tracking purposes. Please refer to this number when making inquiries about your request.

You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed.

Thank you for your interest in Texas A&M University.

To monitor the progress or update this request please log into the Public Records Center.

E;2l On 2/26/2024 8:54:25 AM, Texas A&M University Public Records Support wrote: Request was created by staff

_,,,,.., GovO\ Exhibit 2 Page 18

- 70 - Automated Certificate of eService This automated certificate of service was created by the efiling system.

Patti Artavia on behalf of Brian Beckcom Bar No. 24012268 [email protected] Envelope ID: 86169545 Filing Code Description: Case Information Sheet Filing Description: Status as of 4/2/2024 8:29 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Brendan Fradkin [email protected] 4/1/2024 6:00:54 PM SENT Brian ABeckcom [email protected] 4/1/2024 6:00:54 PM SENT Patti Artavia [email protected] 4/1/2024 6:00:54 PM SENT

- 71 - - 72 - Received & Filed 5/10/2024 4:14 PM Gabriel Garcia, District Clerk EXHIBIT 2 Brazos County, Texas Kristin Emert Envelope# - 87643776

Cause No. 24-000902-CV Brian Beckcom ) In the District Court of ) vs. ) Brazos County, Texas ) Texas A&M University ) 85th Judicial District Petitioner’s First Amended Petition for Writ of Mandamus In this Petition for Writ of Mandamus under the Texas Public Information Act, Brian Beckcom ("Petitioner") seeks an order from the Court compelling Respondent Texas A&M University ("TAMU") to appoint a third-party service to perform a search for the requested public records, fully respond to Petitioner’s requests for Diversity, Equity, and Inclusion and Squadron 17 hazing documents, and produce those documents to the public.

2. Claim for Relief 2.1 Petitioner seeks only non monetary relief and attorney’s fees and court costs necessary for the prosecution of this writ and subsequent discovery.

3. Parties 3.1 Petitioner Brian Beckcom is an attorney whose address is 6363 Woodway Drive, Suite 400, Houston, Texas 77057.

3.2. Respondent Texas A&M University is a public university that can be served through

- 73 - its Office of General Counsel at Moore / Connally Building, 6th Floor, 301 Tarrow Street, College Station, Texas 77840-7896 3.3 Respondent has answered the Original Writ of Mandamus through the Attorney General's office, Jason T. Contreras, Assistant Attorney General, PO Box 12548, Capitol Station, Austin, Texas 78711.

4. Jurisdiction, Venue, and Conditions Precedent 4.1 This Court has jurisdiction under Texas Government Code § 552.321. Venue is mandatory in Brazos County under Texas Government Code § 552.321(b).

4.2 All conditions precedent have been performed or have occurred.

5. Facts 5.1 TAMU failed to search for and produce documents responsive to requests for communications regarding the Commandant’s plan to restructure the Corps of Cadets.

5.1.1 On February 26, 2024, Petitioner submitted two requests for public information to TAMU pursuant to the Texas Public Information Act, Texas Government Code Chapter (the "TPIA"). The requests sought documents related to issues involving the Corps of Cadets, including but not limited to so-called “DE&I” and irregularities related to the hiring of the new Commandant as well as irregularities related to the new Commandant’s plan to radically restructure the Corps of Cadets in secret.

5.1.2 The TPIA mandates timely responses, and specifically responses within 10 days.1 To date, over thirty business days later, TAMU has failed to produce full and complete responsive documents and all of the requested public information.

Tex. Gov't Code § 552.301

- 74 - 5.1.3 This failure is not mere conjecture. Petitioner propounded the following request to TAMU: (1) All documents or other materials related to the Office of the Commandant’s plans regarding the so-called fish Brigade, including but not limited to any documents from any working groups and any communications regarding the same.

(2) All materials, studies, communications, etc. referred to in the Commandant’s February 2024 Facebook post regarding “socialization,” “leadership education,” discussion of the “communal/fraternal aspects of the Corps,” any studies or materials concerning same, any discussions or studies of outfit v. Corps culture, the Rellis experiment in late 1940s and 1950s wherein fish were moved to Rellis Air Force Base and any studies or documents concerning same, any study of retention or attrition statistics, any proposed “re-mapping” of the core curriculum, any documents or other materials related to re-writing the Standard and the “Cadence,” and any documents or materials related to Commandant’s Guidance to the Corps or any drafts of the same.

(3) All documents or materials related to the 4 Leadership Development Advisors and any documents related to the Commandant’s plans moving forward regarding the Corps of Cadets.

(4) Any and all email or other digital communications from anyone in the Commandant’s Office to anyone else related to the subject of the Corps of Cadets or any restructuring of the same.

(5) Any and all communications from anyone at Texas A&M concerning the plan to restructure the fish and Corps experience, including from the Office of the President

- 75 - of Texas A&M, the Office of the Vice President of Student Affairs, and the Board of Regents.

5.1.4 On April 24, 2024, TAMU produced what it alleges to be all documents responsive to the request, including those contained in Commandant Michaelis’s email account.2 5.1.5 However, Petitioner knows of and is in possession of documents and communications responsive to this request which have not been produced by TAMU.

5.1.6 Accordingly, either: (1) the search was not conducted adequately or in good faith; or (2) documents are being unlawfully withheld.

5.1.7 Given recent occurrences wherein certain individuals at TAMU encourage others to delete text messages and other communications, there is a real and present danger that information and documents may be destroyed. It is imperative that TAMU allow a third-party search for all relevant information and materials immediately.

5.2 TAMU failed to produce documents responsive to requests for DEI documents.

5.2.1 As part of the February 26, 2024 TPIA request, Petitioner requested the following: “Any discussions, communications or materials related to Diversity, Equity and Inclusion as they related to any proposed changes to the Corps of Cadets and any analysis or reference to the recent laws in Texas as they relate to same, and any analysis regarding whether any proposed changes would potentially impact Texas A&M or the Corps of Cadets from a DEI perspective.”

Exhibit 1, Email from TAMU Counsel stating that Commandant Michaelis’s email account was searched.

- 76 - 5.2.2 TAMU has refused to produce these documents, claiming that the AG has ruled on this topic in the past and therefore there is no obligation to produce.3 However, the AG’s opinion was not specific to this request, and therefore TAMU had the obligation to get a new AG opinion on these documents, which they have failed to do. Accordingly, these documents must be produced.

5.3 TAMU failed to produce documents related to the 2024 hazing investigation into Squadron 17, an incident where all accused students were fully exonerated.

5.3.1 On March 28, 2024, Petitioner requested documents regarding the wrongful investigation into Squadron 17 for alleged hazing misconduct. Specifically, Petitioner requested the following: (1) All documents or other materials related to any so-called investigation of Squadron 17, including but not limited to texts, emails, interview notes, screen shots, and any other communications related to the investigation from the Office of the Commandant, the Office of the Vice President of Student Affairs, the Office of Student Conduct, any communications to or from Dr. Douglas Bell related to the investigation, including phone calls, emails, texts or any other form of communication, any notes of any kind related in any manner to any such investigation, along with any other information pertaining to any such investigation (2) All documents or materials related to the qualifications or training of the individuals who have participated or will participate in any investigation into Squadron 17, including their resumes, background, application to be part of the Texas A&M Exhibit 2, Email between TAMU counsel and petitioner stating that a compilation of DEI documents are being withheld.

- 77 - University System, conviction records in other student conduct panels on which they have served, any training any such individuals have received in “DE&I” or any related type of training, along with any texts or emails or other forms of communication related to any investigation of Squadron 17, including but not limited to materials in the possession of Dr. Douglas Bell, Joe Ramirez, any of the investigators who participated in any questioning of current cadets or students, and any communications between or amongst same (3) Any and all materials which show how any investigation of Squadron 17 was referred to the Office of the Student Affairs or the Office of Student Conduct, including official referral papers and any emails, texts or other forms of communication related to same from anyone in the Office of Student Affairs or Student Conduct or the Office of the Commandant, or elsewhere.

(4) Any texts, emails or other forms of communication , digital or otherwise, between or among Joe Ramirez and Patrick Michaelis related to the subject of investigating the any Corps outfit or individual for hazing or any other infraction, including but not limited to the investigation of 17, and any such materials from anyone acting with or on behalf of these individuals, as well as any communications of any kind to or from Dr. Douglas Bell related to the same.

5.3.2 TAMU partially responded to these requests on May 9, 2024, but this request was only partial as TAMU has withheld an unknown number of documents based on alleged FERPA issues. The failure to produce entire documents based on FERPA is erroneous, as these documents could and should be produced following redaction of student names or

- 78 - other specific student information. In the absence of any other objection, these documents must be produced.

6. Violation of the Texas Public Information Act 6.1 The TPIA requires that public information be produced "promptly."4 The Texas Supreme Court has emphasized that the TPIA's prompt production requirement is a key part of its purpose to promote government transparency.5 TAMU's failure to provide the requested information and perform an adequate search is a clear violation of the TPIA's unambiguous mandate.

7. Request for Relief Petitioner requests that the Court: 7.1 Order TAMU to allow a third party search service to perform the document searches at issue and produce the public information responsive to Petitioner's February 26, 2024 TPIA requests; 7.2 Order the video deposition of any personnel at TAMU who have participated in compiling the records requests or answering same; 7.3 Order TAMU to produce documents responsive to Petitioner’s DEI requests.

7.4 Order TAMU to produce documents responsive to Petitioner’s Squadron 17 requests.

7.5 Award Petitioner his reasonable attorney fees and costs under TPIA § 552.323, with that amount be decided pursuant to submission of evidence and hearing by this Court; 7.6 Order TAMU to comply fully with the TPIA for any future related requests or face further potential sanctions; and

Austin Bulldog v. Leffingwell, 490 S.W.3d 240, 243-44 (Tex. App.—Austin 2016, no pet.).

Jackson v. State Office of Admin. Hearings, 351 S.W.3d 290, 293 (Tex. 2011).

- 79 - 7.7 Grant all other relief to which Petitioner is entitled.

Respectfully submitted, VB Attorneys /s/ Brian Beckcom ___________________________________ Brian Beckcom /s/ Brian Beckcom [email protected] SBN: 24012268 6363 Woodway Dr., Suite 400 Houston, Texas 77057 713/224-7800 (Office) 713/224-7801 (Facsimile)

Certificate of Service On the 10th day of May 2024, the foregoing Amended Writ of Mandamus was served on all counsel of record by electronic e-service.

/s/ Brian Beckcom ________________________________ Brian Beckcom

- 80 - Automated Certificate of eService This automated certificate of service was created by the efiling system.

Patti Artavia on behalf of Brian Beckcom Bar No. 24012268 [email protected] Envelope ID: 87643776 Filing Code Description: Amended Petition Filing Description: Petitioner’s First Amended Petition for Writ of Mandamus Status as of 5/13/2024 8:42 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Patti Artavia [email protected] 5/13/2024 8:17:17 AM SENT Brian ABeckcom [email protected] 5/13/2024 8:17:17 AM SENT Brendan Fradkin [email protected] 5/13/2024 8:17:17 AM SENT

Associated Case Party: Texas A&M University Name BarNumber Email TimestampSubmitted Status Jason Contreras [email protected] 5/13/2024 8:17:17 AM SENT Nicole A.Myette [email protected] 5/13/2024 8:17:17 AM SENT Thomas Silver [email protected] 5/13/2024 8:17:17 AM SENT Jerri Low [email protected] 5/13/2024 8:17:17 AM SENT

- 81 - Received & Filed 6/26/2024 5:06 PM Gabriel Garcia, District Clerk EXHIBIT 3 Brazos County, Texas Kristin Emert Envelope# - 89236863

Cause No. 24-000902-CV Brian Beckcom ) In the District Court of ) vs. ) Brazos County, Texas ) Texas A&M University ) 85th Judicial District

Petitioner’s Second Amended Petition for Writ of Mandamus and Request for Declaratory Judgment In this Petition for Writ of Mandamus under the Texas Public Information Act, Brian Beckcom ("Petitioner") seeks an order from the Court compelling Respondent Texas A&M University ("TAMU") to appoint a third-party service to perform a search for the requested public records, fully respond to Petitioner’s requests for “fish Brigade,” Diversity, Equity, and Inclusion, Squadron 17 hazing documents, and bathroom renovation documents, and produce those documents to the public.

2. Claim for Relief 2.1 Petitioner seeks only non monetary relief and attorney’s fees and court costs necessary for the prosecution of this writ and subsequent discovery.

- 82 - 3. Parties 3.1 Petitioner Brian Beckcom is an attorney whose address is 6363 Woodway Drive, Suite 400, Houston, Texas 77057.

3.3 Respondent has answered the Original Writ of Mandamus through the Attorney General's office, Jason T. Contreras, Assistant Attorney General, PO Box 12548, Capitol Station, Austin, Texas 78711.

4. Jurisdiction, Venue, and Conditions Precedent 4.1 This Court has jurisdiction under Texas Government Code § 552.321. Venue is mandatory in Brazos County under Texas Government Code § 552.321(b).

4.2 All conditions precedent have been performed or have occurred.

5. Facts 5.1 TAMU failed to search for and produce documents responsive to requests for communications regarding the Commandant’s plan to restructure the Corps of Cadets.

- 83 - 5.1.2 The TPIA mandates timely responses, and specifically responses within 10 days.1 To date, over thirty business days later, TAMU has failed to produce full and complete responsive documents and all of the requested public information.

5.1.3 This failure is not mere conjecture. Petitioner propounded the following request to TAMU: (1) All documents or other materials related to the Office of the Commandant’s plans regarding the so-called fish Brigade, including but not limited to any documents from any working groups and any communications regarding the same.

(3) All documents or materials related to the 4 Leadership Development Advisors and any documents related to the Commandant’s plans moving forward regarding the Corps of Cadets.

(4) Any and all email or other digital communications from anyone in the Commandant’s Office to anyone else related to the subject of the Corps of Cadets or any restructuring of the same.

(5) Any and all communications from anyone at Texas A&M concerning the plan to restructure the fish and Corps experience, including from the Office of the President of Texas A&M, the Office of the Vice President of Student Affairs, and the Board of Regents.

5.1.4 On April 24, 2024, TAMU produced what it alleges to be all documents responsive to the request, including those contained in Commandant Michaelis’s email account.2 Tex. Gov't Code § 552.301.

Exhibit 1, Email from TAMU Counsel stating that Commandant Michaelis’s email account was searched.

- 84 - 5.1.5 However, Petitioner knows of and is in possession of documents and communications responsive to this request which have not been produced by TAMU, and moreover, TAMU has told Petitioner that it is withholding documents.

5.1.6 Accordingly, either: (1) the search was not conducted adequately or in good faith; or (2) documents are being unlawfully withheld.

5.1.7 Given recent occurrences wherein certain individuals at TAMU encouraged others to delete text messages and other communications, there is a real and present danger that information and documents may be destroyed. It is imperative that TAMU allow a third-party search for all relevant information and materials immediately.

5.2 TAMU failed to produce documents responsive to requests for DEI documents.

5.2.2 TAMU has refused to produce these documents, claiming that the AG has ruled on this topic in the past and therefore there is no obligation to produce.3 However, the AG’s opinion was not specific to this request, and therefore TAMU had the obligation to get a new AG opinion on these documents, which they have failed to do. Accordingly, these documents must be produced.

5.3 TAMU failed to produce documents related to the frivolous and possibly retaliatory 2024 hazing investigation into Squadron 17, an incident where all accused students were fully Exhibit 2, Email between TAMU counsel and petitioner stating that a compilation of DEI documents are being withheld.

- 85 - exonerated after the cadets and parents spent over 1700 hours and hundred of thousands of dollars defending themselves from ridiculous allegations that were brought in bad faith to retaliate against the all-male outfit.

5.3.1 On March 28, 2024, Petitioner requested documents regarding the frivolous and retaliatory investigation into Squadron 17 for alleged hazing misconduct. Specifically, Petitioner requested the following:

(1) All documents or other materials related to any so-called investigation of Squadron 17, including but not limited to texts, emails, interview notes, screen shots, and any other communications related to the investigation from the Office of the Commandant, the Office of the Vice President of Student Affairs, the Office of Student Conduct, any communications to or from Dr. Douglas Bell related to the investigation, including phone calls, emails, texts or any other form of communication, any notes of any kind.related in any manner to any such investigation, along with any other information pertaining to any such investigation (2) All documents or materials related to the qualifications or training of the individuals who have participated or will participate in any investigation into Squadron 17, including their resumes, background, application to be part of the Texas A&M University System, conviction records in other student conduct panels on which they have served, any training any such individuals have received in “DE&I” or any related type of training, along with any texts or emails or other forms of communication related to any investigation of Squadron 17, including but not limited to materials in the possession of Dr. Douglas Bell, Joe Ramirez, any of the investigators who participated in any questioning of current cadets or students, and any communications between or amongst same (3) Any and all materials which show how any investigation of Squadron 17 was referred to the Office of the Student Affairs or the Office of Student Conduct, including official referral papers and any emails, texts or other forms of communication related to same from anyone in the Office of Student Affairs or Student Conduct or the Office of the Commandant, or elsewhere.

- 86 - materials from anyone acting with or on behalf of these individuals, as well as any communications of any kind to or from Dr. Douglas Bell related to the same.

5.3.2 TAMU partially responded to these requests on May 9, 2024, but this request was only partial as TAMU has withheld an unknown number of documents based on a frivolous and made-up rationale that the Petitioner -- and only the Petitioner -- is prohibited from getting certain of these documents. The failure to produce entire documents based on FERPA is erroneous, as these documents could and should be produced following redaction of student names or other specific student information. In the absence of any other objection, these documents must be produced.

5.4 TAMU also failed to produce documents related to a questionable multimillion dollar bathroom renovation project. This project is suspected to be in response to continued DEI-related policy initiatives within TAMU and was apparently done because one transvestite cadet threatened to sue TAMU.

5.4.1 On May 16, 2024, Plaintiff requested the following:

(1) Any documents pertaining to renovation plans for the bathroom/restroom facilities in the dormitories housing the Corps of Cadets. This should include contracts or agreements related to the renovation projects, estimates, analyses, architectural designs/plans, engineering designs/plans, and anticipated costs.

(2) Any communications between university employees or officials regarding the renovation plans or any of the documents pertaining to those plans.

(3) Any communications between university employees or officials and third-parties regarding the renovation plans or any of the documents pertaining to those plans.

- 87 - 5.4.2 On June 3, 2024, TAMU produced some documents responsive to this request, but stated that other responsive documents were subject to a requested OAG opinion letter based on the attorney-client privilege and the financial information privilege.

5.4.3 Defendant’s alleged privileges are bogus, but even if they weren’t, Defendant is in possession of documents which clearly aren’t subject to either the attorney-client privilege or the financial information privilege. For example, Plaintiff is aware of a recorded, public Microsoft Teams call which Defendant is refusing to produce. Neither the attorney-client privilege nor the financial information privilege would be applicable to a public, recorded conference call.

6. Violation of the Texas Public Information Act and SB 17 6.1 The TPIA requires that public information be produced "promptly."4 The Texas Supreme Court has emphasized that the TPIA's prompt production requirement is a key part of its purpose to promote government transparency.5 TAMU's failure to provide the requested information and perform an adequate search is a clear violation of the TPIA's unambiguous mandate.

6.2 SB-17 is a recent bill that prevents public institutions from engaging in or promoting DEI initiatives. This unambiguous mandate effected if the public actually has access to DEI and related documents. TAMU’s attempts to rely on discretionary privileges, whether applicable or not, would prevent the ability for SB-17 to be effective. Accordingly, even if the privileges are applicable–which they aren’t–they must be discarded in favor of public knowledge based on the mandate of the TPIA and SB-17.

Austin Bulldog v. Leffingwell, 490 S.W.3d 240, 243-44 (Tex. App.—Austin 2016, no pet.).

Jackson v. State Office of Admin. Hearings, 351 S.W.3d 290, 293 (Tex. 2011).

- 88 - 7. Request for Relief Petitioner requests that the Court: 7.1 Order TAMU to allow an independent third party search service to perform the document searches at issue and produce the public information responsive to Petitioner's February 26, 2024 TPIA requests; 7.2 Order the video deposition of any personnel at TAMU who have participated in compiling the records requests or answering same; 7.3 Order TAMU to produce documents responsive to Petitioner’s fish Brigade, DEI requests, and bathroom requests; 7.4 Order TAMU to produce documents responsive to Petitioner’s Squadron 17 requests; 7.5 Order TAMU to produce documents responsive to Petitioner’s bathroom renovation requests; 7.6 Award Petitioner his reasonable attorney fees and costs under TPIA § 552.323, with that amount be decided pursuant to submission of evidence and hearing by this Court; 7.7 Order TAMU to comply fully with the TPIA for any future related requests or face further potential sanctions; and 7.8 Plaintiff seeks a Declaratory Judgment pursuant to Section 37.001 of the Texas CPRC et seq. Specifically, that Plaintiff is a person seeking a declaration of his rights under the Public Information Act pursuant to Section 37.004 CPRC. The Defendant violated the Plaintiff ’s rights and status under Texas Public Information Act by unilaterally deciding to withhold documents from Plaintiff that would be released to other people and unilaterally withholding information based on previous Attorney General opinions.

- 89 - 7.9 Grant all other relief to which Petitioner is entitled.

Respectfully submitted, J. David Dodd III /s/J. David Dodd III S. MacArthur, Suite 105-341 Coppell, TX 75019 (214)923-3417 VB Attorneys Brian Beckcom /s/ Brian Beckcom SBN: 24012268 6363 Woodway Dr., Suite 400 Houston, Texas 77057 713/224-7800 (Office) 713/224-7801 (Facsimile) Certificate of Service On the 26th day of June 2024 the foregoing Amended Writ of Mandamus was served on all counsel of record by electronic e-service.

/s/ J. David Dodd III ________________________________ J. David Dodd III

- 90 - From: Moore, Brooks <[email protected]> Date: Fri, Apr 26, 2024 at 10:53 AM Subject: RE: Public Information Records :: J001320-041024 To: Brendan Fradkin <[email protected]>

On request J1147, the 10-business day deadline (from receipt of payment per Tex. Gov’t Code sec. 552.263(e)) is May 2nd.

On request J1320, no, you are misconstruing my response. As I previously stated, the university searched all Office of the Commandant accounts, including his. We have provided what was found to my knowledge. I do not know what you mean when you say that you “clearly have responsive documents.” If you have specific information that you believe the university should have found, please identify it as we are not aware of any additional information that the university actually has.

Also, please note that I will be unavailable until around 5:00 this afternoon.

Brooks R. Brooks Moore | Deputy General Counsel Office of General Counsel The Texas A&M University System

- 91 - https://mail.google.com/mail/u/0/#inbox/WhctKKZWmlNwjJSbjQLvtjBrjmFqVrLZtWBrgrJjzvKNQTvntKwHbFzkGRMQfRBNJvBDwtv 1/1 From: Moore, Brooks <[email protected]> Date: Mon, Apr 8, 2024 at 1:18 PM Subject: RE: Beckcom TPIA Request Recap To: Brendan Fradkin <[email protected]> Cc: Brian Beckcom <[email protected]>, Patti Artavia <[email protected]>

My responses are below. The below is correct with a couple of minor corrections (see highlighted text).

Brooks

R. Brooks Moore | Deputy General Counsel Office of General Counsel The Texas A&M University System

From: Brendan Fradkin <[email protected]> Sent: Monday, April 8, 2024 1:02 PM To: Moore, Brooks <[email protected]> Cc: Brian Beckcom <[email protected]>; Patti Artavia <[email protected]> Subject: Beckcom TPIA Request Recap

Brooks,

Thanks again for talking with me today. This email is intended to confirm what documents are being withheld, what privileges are being applied to those documents, and additional documents you may be able to produce.

DEI/Fish Program Documents

Under this category of requests, you are withholding the following: (1) An email with attached proposed policymaking document regarding the fish brigade. withheld based on policymaking privilege—Brooks Moore Response-Correct (2) The attached proposed fish brigade policymaking document.

withheld based on policymaking privilege—Brooks Moore Response-Correct (3) A compilation of DEI documents prepared for systemwide compliance efforts. withheld based on 552.101 + 51.971(e)(2) —Brooks Moore Response-Correct - 92 - https://mail.google.com/mail/u/0/?ik=437343ffd0&view=pt&search=all&permthid=thread-f:1795790540514059858%7Cmsg-f:1798695936563597524&simpl=msg-… 1/2 5/10/24, 3:15 PM VB Attorneys Mail - Fwd: Beckcom TPIA Request Recap (4) Documents that contain student identification information. withheld subject to FERPA request—Brooks Moore Response-Correct You stated that on (1), you would look into getting us the email if the email itself contained no policymaking information. — Brooks Moore Response-Correct

You stated that on (2), if we withdraw our consent to withholding, you could go back to the AG for an opinion. —Brooks Moore Response-Correct

You stated that on (3), there may already be an applicable holding from the AG's office, but you would send us that holding, and that you would go back to the AG's office with these documents as well. —Brooks Moore Response-Correct, except that if we have an applicable letter ruling on the same information, we are prohibited for asking for another ruling.

If the information is different from that previously submitted to the OAG, we will request a letter ruling. We will provide the citation if it is binding here.

You stated that (4) would require an additional FERPA request, but if approved, you would produce. —Brooks Moore Response-Correct, assuming that the applicable student provides prior written consent for the release of the information in accordance with FERPA.

Commandant Hiring Documents

(1) Michaelis personnel information. this was all produced, subject to some personal information redactions—Brooks Moore Response-Correct (2) Communications about Michaelis hiring these will be produced—Brooks Moore Response-Correct, under request J001123.

(3) Personnel information for other candidates these will be produced. —Brooks Moore Response-Correct, under request J001123.

If this sums up what we discussed today accurately, please confirm.

-- Brendan Fradkin VB Attorneys 832-791-2337

Follow us on Facebook, Twitter, LinkedIn, and Instagram Why hire VB Attorneys The best compliment you can give our team is the referral of someone who needs our help.

-- Brendan Fradkin VB Attorneys 832-791-2337 Follow us on Facebook, Twitter, LinkedIn, and Instagram Why hire VB Attorneys The best compliment you can give our team is the referral of someone who needs our help.

- 93 - https://mail.google.com/mail/u/0/?ik=437343ffd0&view=pt&search=all&permthid=thread-f:1795790540514059858%7Cmsg-f:1798695936563597524&simpl=msg-… 2/2 Automated Certificate of eService This automated certificate of service was created by the efiling system.

Patti Artavia on behalf of Brian Beckcom Bar No. 24012268 [email protected] Envelope ID: 89236863 Filing Code Description: Amended Petition Filing Description: Petitioner’s Second Amended Petition for Writ of Mandamus and Request for Declaratory Judgment Status as of 6/27/2024 9:10 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Patti Artavia [email protected] 6/26/2024 5:06:58 PM SENT Brian ABeckcom [email protected] 6/26/2024 5:06:58 PM SENT Brendan Fradkin [email protected] 6/26/2024 5:06:58 PM SENT

Associated Case Party: Texas A&M University Name BarNumber Email TimestampSubmitted Status Jason Contreras [email protected] 6/26/2024 5:06:58 PM SENT Nicole A.Myette [email protected] 6/26/2024 5:06:58 PM SENT Thomas Silver [email protected] 6/26/2024 5:06:58 PM SENT Jerri Low [email protected] 6/26/2024 5:06:58 PM SENT

Associated Case Party: Brian Beckcom Name BarNumber Email TimestampSubmitted Status J DavidDodd III [email protected] 6/26/2024 5:06:58 PM SENT

- 94 - Received & Filed 8/7/2024 5:09 PM Gabriel Garcia, District Clerk Brazos County, Texas EXHIBIT 4 Emily Velasquez Envelope# - 90654839

Cause No. 24-000902-CV Brian Beckcom ) In the District Court of ) vs. ) Brazos County, Texas ) Texas A&M University ) 85th Judicial District Plaintiff ’s Notice of Nonsuit Without Prejudice Plaintiff Brian Beckcom files this Notice of Nonsuit Without Prejudice and in support thereof would respectfully show the Court as follows:

1. Plaintiff is not pursuing his case at this time but reserves his right to file at another time.

2. This nonsuit is not done for the purposes of undue delay but rather to comply with state and federal civil procedure requirements and so that justice may be done.

Respectfully submitted, /s/ J. David Dodd J. David Dodd III SBN:00787374 S. MacArthur Blvd, Suite 105-341 Coppell, TX 75019 (214)923-3417

- 95 - Certificate of Service A true and correct copy of the foregoing was served on all counsel of record on this 7th day of August 2024.

/s/J. David Dodd III _______________________

- 96 - Automated Certificate of eService This automated certificate of service was created by the efiling system.

Patti Artavia on behalf of Brian Beckcom Bar No. 24012268 [email protected] Envelope ID: 90654839 Filing Code Description: Notice of Nonsuit Filing Description: Without Prejudice Status as of 8/8/2024 8:26 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Patti Artavia [email protected] 8/7/2024 5:09:43 PM SENT Brian ABeckcom [email protected] 8/7/2024 5:09:43 PM SENT Brendan Fradkin [email protected] 8/7/2024 5:09:43 PM SENT Michael Granado [email protected] 8/7/2024 5:09:43 PM SENT

Associated Case Party: Texas A&M University Name BarNumber Email TimestampSubmitted Status Jason Contreras [email protected] 8/7/2024 5:09:43 PM SENT Nicole A.Myette [email protected] 8/7/2024 5:09:43 PM SENT Thomas Silver [email protected] 8/7/2024 5:09:43 PM SENT Jerri Low [email protected] 8/7/2024 5:09:43 PM SENT

Associated Case Party: Brian Beckcom Name BarNumber Email TimestampSubmitted Status J DavidDodd III [email protected] 8/7/2024 5:09:43 PM SENT

- 97 - From: Patti Artavia <[email protected]> Date: November 1, 2024 at 2:50:18 PM CDT To: "Bonilla, Ray" <[email protected]> Cc: Brendan Fradkin <[email protected]>, Brian Beckcom <[email protected]>, Michael Granado <[email protected]> Subject: TAMU - TRO Hearing

Mr. Bonilla please see attached which is being filed today with an emergency hearing today at 3pm.

EXHIBIT 5 - 98 - Patti Artavia Senior Paralegal/Case Manager 2016 AAJ Paralegal of the Year VBAttorneys.com Direct Dial (832) 791-3118 Follow us on Facebook, Twitter, LinkedIn, and Instagram Why hire VB Attorneys Tell me how I’m doing: ReviewVB.com The best compliment you can give our team is the referral of someone who needs our help.

- 99 - EXHIBIT 6 Jason Contreras From: Brendan Fradkin <[email protected]> Sent: Monday, November 4, 2024 9:03 AM To: Jason Contreras Cc: Bonilla, Ray; Brian Beckcom; Michael Granado; Moore, Brooks; Patti Artavia; Silver, Thomas Subject: Re: TPIA Hearing on TRO Harris County

What are you talking about? I’m on vacation and certainly haven’t contacted anyone directly.

On Mon, Nov 4, 2024 at 10:02 AM Jason Contreras <[email protected]> wrote: Brendan: You are very well aware that I represent TAMU in this matter. Cease and desist from contacting TAMU directly.

Jason Contreras Asst. Attorney General Get Outlook for iOS From: Bonilla, Ray <[email protected]> Sent: Monday, November 4, 2024 8:43 AM To: Patti Artavia <[email protected]> Cc: Brendan Fradkin <[email protected]>; Brian Beckcom <[email protected]>; Michael Granado <[email protected]>; Silver, Thomas <[email protected]>; Moore, Brooks <[email protected]>; Jason Contreras <[email protected]> Subject: RE: TPIA Hearing on TRO Harris County At this point, we are no longer surprised by the unprofessional tactics of VB Attorneys.

Ray Bonilla | General Counsel The Texas A&M University System

From: Patti Artavia <[email protected]> Sent: Monday, November 4, 2024 8:00 AM To: Bonilla, Ray <[email protected]> Cc: Brendan Fradkin <[email protected]>; Brian Beckcom <[email protected]>; Michael Granado <[email protected]> Subject: TPIA Hearing on TRO Harris County Mr. Bonilla, please be advised we are passing our hearing set this morning at 10am in Harris County.

Patti Artavia Senior Paralegal/Case Manager 2016 AAJ Paralegal of the Year VBAttorneys.com Direct Dial (832) 791-3118 Follow us on Facebook, Twitter, LinkedIn, and Instagram - 100 - Why hire VB Attorneys Tell me how I’m doing: ReviewVB.com The best compliment you can give our team is the referral of someone who needs our help. -- Brendan Fradkin VB Attorneys 832-791-2337 Follow us on Facebook, Twitter, LinkedIn, and Instagram Why hire VB Attorneys The best compliment you can give our team is the referral of someone who needs our help.

- 101 - 12/2/2024 2:24 PM EXHIBIT 7 Marilyn Burgess - District Clerk Harris County Envelope No. 94833684 By: Bonnie Lugo Filed: 12/2/2024 2:24 PM Cause No. 2024-76697 Brian Beckcom ) Plaintiff ) In the District Court of ) VS. ) ) Harris County, Texas ) Texas A&M University ) Defendant 281ST Judicial District

NOTICE OF NONSUIT Plaintiff, Brian Beckcom files this Notice of Nonsuit and hereby gives notice to this Court and all parties that Plaintiff nonsuits all claims in this case without prejudice to refiling the same.

Respectfully submitted, VB Attorneys /s/Brendan Fradkin Brendan Fradkin SBN: 24097706 [email protected] Job Tenant [email protected] 1200 August, Suite 240 Houston, Texas 77057 713-224-7800 Phone 713-224-7801 Facsimile

- 102 - Certificate of Service The undersigned authority hereby certifies that a true and correct copy of the foregoing instrument has been served on the office of General Counsel on December 2, 2024.

/s/Brendan Fradkin Brendan Fradkin

- 103 - Automated Certificate of eService This automated certificate of service was created by the efiling system.

Michael Granado on behalf of Brian Beckcom Bar No. 24012268 [email protected] Envelope ID: 94833684 Filing Code Description: No Fee Documents Filing Description: Notice of Nonsuit Status as of 12/2/2024 3:14 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Patti Artavia [email protected] 12/2/2024 2:24:01 PM SENT Brian ABeckcom [email protected] 12/2/2024 2:24:01 PM SENT Raymond Bonilla 2600985 [email protected] 12/2/2024 2:24:01 PM SENT Jason Contreras [email protected] 12/2/2024 2:24:01 PM SENT Job Tennant [email protected] 12/2/2024 2:24:01 PM SENT Brendan Fradkin [email protected] 12/2/2024 2:24:01 PM SENT Nicole A.Myette [email protected] 12/2/2024 2:24:01 PM SENT Michael Granado [email protected] 12/2/2024 2:24:01 PM SENT

- 104 - Cause No. 2024-76697 Brian Beckcom ) Plaintiff ) In the District Court of ) VS. ) ) Harris County, Texas ) Texas A&M University ) Defendant 281ST Judicial District

ORDER On this day, the Court considered Plaintiff's Notice of Nonsuit. The Court finds that the notice should be GRANTED.

IT IS THEREFORE ORDERED that all claims asserted by Plaintiff in the above-referenced cause are hereby dismissed without prejudice to refiling of same.

All other relief not expressly granted herein is denied.

SIGNED this _______ day of __________________, 2024.

_____________________________ JUDGE PRESIDING

- 105 - Received & Filed 10/24/2024 4:31 PM Gabriel Garcia, District Clerk EXHIBIT 8 Brazos County, Texas Jessica Martinez Envelope# - 93578513 24-003177-CV-85 Cause No. ___________ Brian Beckcom ) In the District Court of ) vs. ) Brazos County, Texas ) Texas A&M University ) _____ Judicial District Petition for Writ of Mandamus “I assume all texts were deleted.” - Kathy Banks, Former A&M President Texas A&M has a recent history of not complying with Texas law as it relates to public information requests. In this Petition for Writ of Mandamus under the Texas Public Information Act, Brian Beckcom ("Petitioner") seeks an order from the Court: (1) compelling Respondent Texas A&M University ("TAMU") produce documents it has thus far failed to produce; (2) prohibiting TAMU from destroying any documents, emails, or text, like when former TAMU President Kathy Banks, along with possibly still employed by TAMU, encouraged TAMU to destroy texts covered by Texas public information law.; and (3) also prohibiting TAMU from any further retaliatory investigation until TAMU has complied with the law.

1. Discovery Control Plan 1.1 Petitioner requests expedited relief under Level 1 of the Texas Rules of Civil Procedure.

At this time, Petitioner requests non-monetary relief only, except for attorney fees and court costs, the amount of which will not exceed $100,000.

2. Claim for Relief

- 106 - 2.1 Petitioner seeks only non-monetary relief and attorney’s fees and court costs necessary for the prosecution of this writ and subsequent discovery.

3. Parties 3.1 Petitioner Brian Beckcom is an attorney whose address is 1220 Augusta, Suite 240, Houston, Texas 77057.

4.2 All conditions precedent has been performed or have occurred.

5. Facts and Argument 5.1 Factual Background 5.1.2 In August of this year, the Commandant of the Corps of Cadets was relieved of command, as was the Vice President of Student Affairs. They were removed in part because of a retaliatory and frivolous investigation into one of the Corps of Cadets most impressive and accomplished outfits and also because they were pushing a DEI-inspired agenda,1

So-called “DEI” is not illegal in Texas as of January 1, 2024, pursuant to Senate Bill 17, which Governor Abbott signed into law.

- 107 - including attempting to build transgender bathrooms on the quad and to radically restructure the Corps of Cadets in secret. 2

On October 10, 2024, Ramirez and the Office of the Commandant launched yet another retaliatory investigation of the same outfit. On the following day, Petitioner sent a public information request for all information related to the frivolous and retaliatory investigation, including all texts and emails, in order to analyze claims and potential litigation against the conspirators. Petitioner also sent a preservation of evidence letter to Ray Bonilla, General Counsel of Texas A&M System, requesting that Bonilla implement litigation holds and take steps to obtain and preserve all the evidence before the conspirators deleted it.

Unsurprisingly, TAMU’s Open Records Department and the Office of General Counsel have not complied with the law and have refused to produce full and complete information and documents, which is par for the course for TAMU’s Open Records Department.

5.2 TAMU failed to search for and produce documents responsive to requests for communications regarding a sham investigation into Squadron 17 of the Corps of Cadets.

The former Commandant was allowed to stay on the job for a short time, then “re-assigned” to a made-up job in the Office of the President of TAMU. Based on information and belief, Ramirez was allowed to remain on duty for a few months after being relieved of command for “optics” reasons. See Why the taxpayers of Texas are required to continue to pay for personnel that should have been removed immediately is an open question, and the public information request may shed some light on the subject.

- 108 - 5.2.1 On October 10, 2024, Petitioner requested that TAMU produce documents regarding an investigation into Squadron 17, a section of the TAMU Corps of Cadets.

5.2.2 The requests were as follows: 5.2.2.1 All documents or other materials related to any so-called investigation of Squadron 17 over the past four months, including but not limited to texts, emails, interview notes, screen shots, and any other communications related to the investigation sent to or from the Office of the Commandant, the Office of the Vice President of Student Affairs, the Office of Student Conduct, any communications to or from any persons related to the investigation, including phone calls, emails, texts or any other form of communication, any notes of any kind related in any manner to any such investigation, along with any other information pertaining to any such investigation for the past 4 months (from June 1, 2024 to present) 5.2.2.2 All documents or materials related to the qualifications or training of the individuals who have participated or will participate in any investigation into Squadron 17, including their resumes, background, application to be part of the Texas A&M University System, conviction records in other student conduct panels on which they have served, any training any such individuals have received in “DE&I” or any related type of training, along with any texts or emails or other forms of communication related to any investigation of Squadron 17, including but not limited to materials in the possession of any of the investigators who participated in any questioning of current cadets or students, and any communications between or amongst same

- 109 - 5.2.2.3 Any and all materials which show how any investigation of Squadron 17 initiated since June 2024 was referred to the Office of the Student Affairs or the Office of Student Conduct, including official referral papers and any emails, texts or other forms of communication related to same from anyone in the Office of Student Affairs or Student Conduct or the Office of the Commandant, or elsewhere.

5.2.3 As of October 24, 2024, the due date for response under the TPIA, TAMU has failed to respond.

5.2.4 Accordingly, this Court should issue a writ requiring compliance with the TPIA and that TAMU should produce the requested documents.

5.3 TAMU has a history of hiding information subject to the TPIA, so an Order requiring preservation of documents is appropriate.

5.3.1 At the highest levels, TAMU has a history of attempting to hide information about its own misdeeds. For example, Kathy Banks, the former president of A&M, attempted to delete texts that otherwise would have been accessible under the TPIA, and encouraged others to do so. Some of those she encouraged are still employed by TAMU. 3 5.3.2 Here too, TAMU may be subject to public ridicule for a sham investigation in one of the Corps of Cadets’ most prestigious outfits. There is a significant likelihood that TAMU personnel will attempt to hide emails, texts, and written communications about the investigation in order to avoid embarrassment and scandal.

https://www.houstonchronicle.com/news/houston-texas/education/article/texas-am-kathleen-mcelroy- investigation-explained-18279212.php

- 110 - 5.3.3 Accordingly, this Court’s Order should also require TAMU to preserve all evidence at issue.

5.4 In order to ensure due process, TAMU’s investigation should be postponed until compliance with the TPIA is complete.

5.4.1 TAMU is violating the 4th and 14th amendment rights of its students by engaging in an investigation with no public accountability and to retaliate against them. Making this information publicly available is the only way to ensure that these students are receiving due process.

5.4.2 If TAMU fails to provide the public with the information necessary to determine if due process is being provided, then the investigation itself must stop in order to prevent potential violations of due process from occurring.

5.4.3 Accordingly, this Court should also enter an order stopping the investigation of Squadron until the TPIA requests have been complied with.

7. Request for Relief Petitioner requests that the Court: Austin Bulldog v. Leffingwell, 490 S.W.3d 240, 243-44 (Tex. App.—Austin 2016, no pet.).

Jackson v. State Office of Admin. Hearings, 351 S.W.3d 290, 293 (Tex. 2011).

- 111 - 7.1 Order TAMU to produce the requested documents and information.

7.2 Order TAMU to preserve all documents and information and enjoin them from deleting, discarding, or hiding any documents or information.

7.3 Order TAMU’s investigation into Squadron 17 to stop until the TPIA requests have been complied with.

Respectfully submitted, VB Attorneys /s/ Brian Beckcom ___________________________________ Brian Beckcom SBN: 24012268 [email protected] 1220 Augusta, Suite 240 Houston, Texas 77057 713/224-7800 (Office) 713/224-7801 (Facsimile)

- 112 - Automated Certificate of eService This automated certificate of service was created by the efiling system.

Michael Granado on behalf of Brian Beckcom Bar No. 24012268 [email protected] Envelope ID: 93578513 Filing Code Description: Petition Filing Description: Petition for Writ of Mandamus Status as of 10/28/2024 10:56 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Brendan Fradkin [email protected] 10/25/2024 11:41:36 AM SENT Brian ABeckcom [email protected] 10/25/2024 11:41:36 AM SENT Patti Artavia [email protected] 10/25/2024 11:41:36 AM SENT Michael Granado [email protected] 10/25/2024 11:41:36 AM SENT

- 113 - EXHIBIT 9

- 114 - - 115 - - 116 - - 117 - - 118 - - 119 - - 120 - EXHIBIT

- 121 - - 122 - - 123 - EXHIBIT 11 61.01 Public Information Act Compliance Revised November 10, 2022 (MO -2022) Next Scheduled Review: November 10, 2027 Click to view Revision History.

Policy Summary

The Texas A&M University System (system) and its members are committed to full compliance with the Texas Public Information Act.

Policy

1. The system Board of Regents (board) is committed to full and complete compliance with the letter and the spirit of the Texas Public Information Act and to public policy of the state of Texas that “all persons are, unless otherwise expressly provided by law, at all times entitled to full and complete information regarding the affairs of government and the official acts of those who represent them.” It is the board’s policy that the system and all members fully comply with the provisions of the Texas Public Information Act. In the absence of any applicable exception to disclosure under the Act, requested information will be provided as soon as possible.

2. Each chief executive officer (CEO) is designated as that member’s Officer for Public Information. To assist in achieving full compliance with the Act, the chancellor must promulgate a regulation that includes procedures to be used in the receipt and referral of public information requests. Such procedures must provide for the appointment of a specific agent of the Officer for Public Information at each member to compile and coordinate responses to all public information requests. The System Office of General Counsel assists members in determining whether requested information is public and in seeking Attorney General decisions in accordance with the Act. The agent of the Officer for Public Information must notify the CEO and/or other appropriate member or system contacts of requests that may have public relations significance.

3. The chancellor and each member CEO must make every effort to keep the board informed on issues which could appear in the media and about which board members may be questioned.

Related Statutes, Policies, or Requirements

Tex. Gov’t Code, Ch. 552 Regulation 61.01.02, Public Information 61.01 Public Information Act Compliance Page 1 of 2 - 124 - Member Rule Requirements

A rule is not required to supplement this policy.

Contact Office

General Counsel (979) 458-6120

61.01 Public Information Act Compliance Page 2 of 2 - 125 - EXHIBIT 12 61.01.02 Public Information Revised September 10, 2019 Next Scheduled Review: September 10, 2024 Click to view Revision History.

Regulation Summary

This regulation establishes baseline procedures to help members of The Texas A&M University System (system) comply with the Texas Public Information Act.

Regulation

1. PUBLIC INFORMATION 1.1 The Texas Public Information Act, Chapter 552, Texas Government Code (the Act), specifies that, with certain exceptions, all information collected, assembled or maintained pursuant to law or ordinance or in connection with the transaction of official business by a governmental body or for a governmental body, if the governmental body owns or has access to the information, is public information and must be available to the public during normal business hours of the governmental body.

1.2 As used in the Act, the term “governmental body” includes boards, committees, institutions, agencies or offices that are within or created by the executive branch of the state government, including the system Board of Regents (board), system members and System Offices, and are under the direction of one or more elected or appointed members (i.e., system board).

1.3 The Act “will be liberally construed in favor of granting a request for information.”

2. THE OFFICER FOR PUBLIC INFORMATION AND DESIGNATED AGENT 2.1 The Act provides that each member chief executive officer (CEO) is the officer for public information, who is responsible for the preservation and care of the member’s public records.

2.2 Each CEO must designate an agent to act as public information officer/coordinator (PIO) for that member. The PIO will compile and coordinate responses to all public information requests the member receives. However, the CEO retains ultimate responsibility for that member’s full compliance with the Act. Also, each CEO must appoint a backup or alternate PIO to act in the PIO’s absence. Each CEO will also ensure that the identity of the PIO, the PIO’s office and mailing address, the member’s open records email address, and a link to the member’s electronic open records portal are prominently displayed and easily accessible on the member’s website. The System Office of General Counsel (OGC) 61.01.02 Public Information Page 1 of 5

- 126 - and the PIOs for the other members must be promptly notified upon the appointment of a new PIO.

2.3 Each member PIO and backup/alternate must complete open records training as required by the Act.

2.4 The PIO will not make any inquiry of a requestor except to establish proper identification, seek clarification to determine what public information is being requested, or seek to narrow the scope of a request for a large amount of information. All requests will be treated uniformly without regard to the position or occupation of the requestor or whether the requestor is a member of the media.

2.5 The PIO must keep an accurate record of all public information requests the member receives for a given year, including the name and contact information of each requestor, the date on which a request is received, the date on which the records are made available or copies provided, the type of information requested, which departments or units were requested to provide information by the PIO, which departments or units provided the requested information, how much is charged to and paid by the requestor for copies and other costs, if any, and any other information necessary to demonstrate the member’s compliance with the Act for each request. The PIO must also keep a record of when an Attorney General decision is sought and the decision of the Attorney General for a given request, if any.

2.6 Not later than the end of each month, the PIO must electronically submit to the Office of the Attorney General all necessary information on the number and nature of public information requests the member responded to during the prior month. For example, reports for September of a given year must be submitted to the Attorney General’s Office by the end of October of that year.

2.7 Each member PIO must ensure that the member timely makes all other reports to the Office of the Attorney General which are required by the Act.

2.8 Each member PIO must prominently display the sign in the form approved by the Attorney General “that contains basic information about the rights of a requestor, the responsibilities of a governmental body, and the procedures for inspecting or obtaining a copy of public information under” the Act.

2.9 Each member must develop guidelines for public information requests to ensure that the PIO can promptly seek and receive responsive information from the widest reasonable group of departments/units. Members are encouraged to use email and electronic records when possible to expedite responses to public information requests.

3. PUBLIC INFORMATION REQUEST PROCEDURES 3.1 Any public information request to a member must be in writing and directed to that member’s PIO. A public information request to a member may only be submitted by one of the following methods to the person designated as that member’s PIO: hand delivery, US mail, email, or the member’s electronic open records portal.

3.2 After receiving a public information request, the PIO must promptly: 61.01.02 Public Information Page 2 of 5 - 127 - (a) Process the request through the member’s electronic open records portal. (b) Send an acknowledgment of receipt to the requestor, including its assigned portal number. (c) Forward a copy of the request to the member department/unit or widest group of departments/units that may reasonably possess the requested information. The member department/unit or group of departments/units will search for the requested information and notify the PIO by the next business day, if possible, what responsive information each department/unit possesses. A copy of the records containing the responsive information will be forwarded to the PIO as soon as possible. (d) Notify the CEO and/or other appropriate member or system contacts of requests that may have public relations significance. (e) Forward a copy of the request and responsive documents to OGC if the PIO has a question regarding the applicability of an exception to disclosure under the Act. See Section 5 for seeking a decision from the Attorney General.

3.3 If the PIO determines, through consultation with OGC, the requested information is public, the PIO must promptly produce to the requestor a copy of the information or produce the information for inspection.

3.4 If the information is unavailable within 10 business days after receiving a written request for information, the PIO must certify this fact in writing to the requestor and set a date and hour within a reasonable time when the information will be available.

4. COST OF COPIES 4.1 If assessed, copy charges will not be excessive. Maximum charges for the reproduction of public information, reflecting rates approved by the Office of the Attorney General, can be found in Texas Administrative Code. 4.2 Public information will be furnished without charge or at a reduced rate if the member determines that a waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefiting the general public. Requests for reduced charges must be in writing and addressed to the PIO.

5. PUBLIC INFORMATION DECISIONS 5.1 If a member receives a public information request that it (1) considers to be within one of the Act’s exceptions to disclosure; and (2) wishes to withhold responsive information from public disclosure, a request for decision must be submitted to the Attorney General within business days after receiving the public information request. In some limited circumstances, the Act may permit the withholding of information without seeking an Attorney General decision, e.g., FERPA.

5.2 The PIO will segregate responsive public information from the information submitted to the Attorney General and will promptly produce the public information to the requestor.

61.01.02 Public Information Page 3 of 5

- 128 - 5.3 The member PIO will immediately submit information to OGC for review and for preparation of the Attorney General decision request, including the following: (a) a copy of the written public information request and information showing when the request was first received by the member; (b) information showing who at the member first received the request; (c) a copy of the specific information requested or representative samples of the information if a voluminous amount of information was requested; and (d) a list of all departments/units that were requested by the PIO to provide responsive information and which departments/units actually provided the information.

OGC will then forward the decision request and the information to the Attorney General.

6. EMPLOYEE PUBLIC INFORMATION REQUESTS 6.1 System employees are not authorized to submit public information requests to members while acting in their official capacity. Any public information request made by a member employee must be submitted in that employee’s individual capacity as a private citizen.

6.2 The willful misuse of information received through the Act may subject the employee to the loss of individual indemnification by the state. This regulation does not affect employees’ access to information in their official personnel files.

7. ANNUAL SYSTEM MEMBER COMPLIANCE CERTIFICATION Not later than the last business day of September, members must annually submit a Public Information Act Compliance Certification to OGC for the prior fiscal year. The certification will be consistent with the form linked in this regulation.

Related Statutes, Policies, or Requirements

1 Tex. Admin. Code Ch. 70, Cost of Copies of Public Information Tex. Gov’t Code Ch. 552 Attorney General’s Open Government website Attorney General’s Public Information Act Handbook 2018 Attorney General’s Public Information Act Sign System Policy 33.04, Use of System Resources System Policy 61.01, Public Information Act Compliance System Regulation 61.99.01, Retention of State Records 61.01.02 Public Information Page 4 of 5 - 129 - Appendix

Annual System Member Public Information Act Compliance Certification Form

Member Rule Requirements A rule is not required to supplement this regulation.

Contact Office

General Counsel (979) 458-6120

61.01.02 Public Information Page 5 of 5

- 130 - EXHIBIT 13 Public Information Records (#J001147-032824)  Public Information Records Details

This request is for: Texas A&M University Summary of Request: Documents, communications, other materials regarding Investigation of Squadron 17.

- 131 - Describe in detail the Record(s) From: Brian Beckcom Requested: Sent: Thursday, March 28, 2024 5:31 PM To: Texas A&M University Public Records Support Cc: Patti Artavia ; Brendan Fradkin ; [email protected] Subject: Freedom of Information Request related to Squadron 17 To whom it may concern: Please see attached an open records request. Do not send me a form letter with frivolous objections like the last two times. Also, I agree with appropriate redactions and the answer to both of those questions is yes, so do not send me the form email that you utilize to delay the process.

Please remind Dr. Douglas Bell, Joe Ramirez, Patrick Michalis, and anyone else involved in this matter of their legal obligations to preserve any potentially responsive documents.

-bb ● All documents or other materials related to any so-called investigation of Squadron 17, including but not limited to texts, emails, interview notes, screen shots, and any other communications related to the investigation from the Office of the Commandant, the Office of the Vice President of Student Affairs, the Office of Student Conduct, any communications to or from Dr. Douglas Bell related to the investigation, including phone calls, emails, texts or any other form of communication, any notes of any kind related in any manner to any such investigation, along with any other information pertaining to any such investigation ● All documents or materials related to the qualifications or training of the individuals who have participated or will participate in any investigation into Squadron 17, including their resumes, background, application to be part of the Texas A&M University System, conviction records in other student conduct panels on which they have served, any training any such individuals have received in “DE&I” or any related type of training, along with any texts or emails or other forms of communication related to any investigation of Squadron 17, including but not limited to materials in the possession of Dr. Douglas Bell, Joe Ramirez, any of the investigators who participated in any questioning of current cadets or students, and any communications between or amongst same ● Any and all materials which show how any investigation of Squadron 17 was referred to the Office of the Student Affairs or the Office of Student Conduct, including official referral papers and any emails, texts or other forms of communication related to same from anyone in the Office of Student Affairs or Student Conduct or the Office of the Commandant, or elsewhere.

I agree to pay reasonable fees for the processing of this request.

Please remind Dr. Bell, Joe Ramirez, and anyone else who possess potentially responsive information of their obligations under Texas law to preserve any such responsive information.

Please direct any future correspondence to the undersigned or [email protected] We look forward to hearing from you.

Sincerely, /s/ Brian Beckcom Brian Beckom [email protected] - 132 - Date From: Date To: Preferred Method to Receive Electronic via Records Center Records: Do you agree to the redaction of YES information that is subject to mandatory exceptions, provided such redactions are clearly labeled on information you receive?: Do you agree to the redaction of YES information that is subject to discretionary exceptions, provided such redactions are clearly labeled on information you receive?:  Category

 Clarification(s)

Clarification(s): Rec'd Response to Narrowing Request - STAFF: Please describe any clarifications requested and 4/2 received.

Sent Request to Narrow - 4/2 Rec. payment for CE 4/18  OAG decision requested

 Exceptions

 Charges

 Notes Note Created Modified Per the requestor direct any future correspondence to 4/1/2024 12:55:00 PM by 4/1/2024 12:55:00 PM by [email protected] for this request. Leslie Kacer Leslie Kacer  Message History

- 133 - Date On 5/8/2024 8:36:01 PM, Knesha Brashear wrote:

- 134 - Date CC: [email protected]; [email protected]; [email protected] Subject: Public Information Records :: J001147-032824 Body: 05/08/2024

RE: PUBLIC RECORDS REQUEST of March 29, 2024, Reference # J001147-032824 Dear Brian Beckcom, Texas A& M University received a public information request from you on March 29, 2024. Your request mentioned: "To whom it may concern: Please see attached an open records request. Do not send me a form letter with frivolous objections like the last two times. Also, I agree with appropriate redactions and the answer to both of those questions is yes, so do not send me the form email that you utilize to delay the process.

Please remind Dr. Douglas Bell, Joe Ramirez, Patrick Michalis, and anyone else involved in this matter of their legal obligations to preserve any potentially responsive documents.

Texas law mandates the response be sent in 10 days. Do not ask for an extension unless you give me a rational, logical and appropriate reason for any extension. Given the failure to comply with my previous two requests, I expect this request to be answered fully and timely. If it is not, I will proceed appropriately If you have any questions, please let me know. -bb ● All documents or other materials related to any so-called investigation of Squadron 17, including but not limited to texts, emails, interview notes, screen shots, and any other communications related to the investigation from the Office of the Commandant, the Office of the Vice President of Student Affairs, the Office of Student Conduct, any communications to or from Dr. Douglas Bell related to the investigation, including phone calls, emails, texts or any other form of communication, any notes of any kind related in any manner to any such investigation, along with any other information pertaining to any such investigation ● All documents or materials related to the qualifications or training of the individuals who have participated or will participate in any investigation into Squadron 17, including their resumes, background, application to be part of the Texas A& M University System, conviction records in other student conduct panels on which they have served, any training any such individuals have received in “ DE& I” or any related type of training, along with any texts or emails or other forms of communication related to any investigation of Squadron 17, including but not limited to materials in the possession of Dr. Douglas Bell, Joe Ramirez, any of the investigators who participated in any questioning of current cadets or students, and any communications between or amongst same ● Any and all materials which show how any investigation of Squadron 17 was referred to the Office of the Student Affairs or the Office of Student Conduct, including official referral papers and any emails, texts or other forms of communication related to same from anyone in the Office of Student Affairs or Student Conduct or the Office of the Commandant, or - 135 - Date elsewhere. ● Any texts, emails or other forms of communication , digital or otherwise, between or among Joe Ramirez and Patrick Michaelis related to the subject of investigating the any Corps outfit or individual for hazing or any other infraction, including but not limited to the investigation of 17, and any such materials from anyone acting with or on behalf of these individuals, as well as any communications of any kind to or from Dr. Douglas Bell related to the same.

I agree to pay reasonable fees for the processing of this request.

Please remind Dr. Bell, Joe Ramirez, and anyone else who possess potentially responsive information of their obligations under Texas law to preserve any such responsive information.

Please direct any future correspondence to the undersigned or [email protected] We look forward to hearing from you.

Sincerely, /s/ Brian Beckcom Brian Beckom [email protected]" The information found responsive to your request is available and can be obtained by visiting the Public Records Online Portal and logging in from the “ My Request Center” tab. Per your affirmative response to the "Redaction Statement" giving us permission to redact information subject to mandatory and discretionary exceptions, we have redacted and/or withheld information excepted under the following sections of the Texas Government Code: 552.024, 552.107, 552.114 and 552.137.

Sincerely, Knesha Brashear Open Records Office

- 136 - Date On 5/2/2024 5:37:00 PM, Knesha Brashear wrote:

- 137 - Date CC: [email protected]; [email protected]; [email protected] Subject: Public Information Records :: J001147-032824 Body: 05/02/2024

RE: PUBLIC RECORDS REQUEST of March 29, 2024, Reference # J001147-032824 Dear Brian Beckcom, Texas A& M University received a public information request from you on March 29, 2024. Your request mentioned: "● All documents or other materials related to any so-called investigation of Squadron 17, including but not limited to texts, emails, interview notes, screen shots, and any other communications related to the investigation from the Office of the Commandant, the Office of the Vice President of Student Affairs, the Office of Student Conduct, any communications to or from Dr. Douglas Bell related to the investigation, including phone calls, emails, texts or any other form of communication, any notes of any kind related in any manner to any such investigation, along with any other information pertaining to any such investigation ● All documents or materials related to the qualifications or training of the individuals who have participated or will participate in any investigation into Squadron 17, including their resumes, background, application to be part of the Texas A& M University System, conviction records in other student conduct panels on which they have served, any training any such individuals have received in “ DE& I” or any related type of training, along with any texts or emails or other forms of communication related to any investigation of Squadron 17, including but not limited to materials in the possession of Dr. Douglas Bell, Joe Ramirez, any of the investigators who participated in any questioning of current cadets or students, and any communications between or amongst same ● Any and all materials which show how any investigation of Squadron 17 was referred to the Office of the Student Affairs or the Office of Student Conduct, including official referral papers and any emails, texts or other forms of communication related to same from anyone in the Office of Student Affairs or Student Conduct or the Office of the Commandant, or elsewhere. ● Any texts, emails or other forms of communication , digital or otherwise, between or among Joe Ramirez and Patrick Michaelis related to the subject of investigating the any Corps outfit or individual for hazing or any other infraction, including but not limited to the investigation of 17, and any such materials from anyone acting with or on behalf of these individuals, as well as any communications of any kind to or from Dr. Douglas Bell related to the same.

I agree to pay reasonable fees for the processing of this request.

Please remind Dr. Bell, Joe Ramirez, and anyone else who possess potentially responsive information of their obligations under Texas law to preserve any such responsive information.

Please direct any future correspondence to the undersigned or [email protected] We - 138 - Date look forward to hearing from you.

Sincerely, /s/ Brian Beckcom Brian Beckom [email protected]" Our apologies for the delay, but we are still processing your request. We expect to have a response to you no later than the close of business on Wednesday, May 8th.

Sincerely, Knesha Brashear Open Records Office

- 139 - Date On 4/15/2024 5:35:41 PM, Knesha Brashear wrote:

- 140 - Date CC: [email protected]; [email protected]; [email protected] Subject: Public Information Records :: J001147-032824 Body: 04/15/2024

RE: PUBLIC RECORDS REQUEST of March 29, 2024, Reference # J001147-032824 Dear Brian Beckcom, Texas A& M University received a public information request from you on March 29, 2024. Your request mentioned: "● All documents or other materials related to any so-called investigation of Squadron 17, including but not limited to texts, emails, interview notes, screen shots, and any other communications related to the investigation from the Office of the Commandant, the Office of the Vice President of Student Affairs, the Office of Student Conduct, any communications to or from Dr. Douglas Bell related to the investigation, including phone calls, emails, texts or any other form of communication, any notes of any kind related in any manner to any such investigation, along with any other information pertaining to any such investigation ● All documents or materials related to the qualifications or training of the individuals who have participated or will participate in any investigation into Squadron 17, including their resumes, background, application to be part of the Texas A& M University System, conviction records in other student conduct panels on which they have served, any training any such individuals have received in “ DE& I” or any related type of training, along with any texts or emails or other forms of communication related to any investigation of Squadron 17, including but not limited to materials in the possession of Dr. Douglas Bell, Joe Ramirez, any of the investigators who participated in any questioning of current cadets or students, and any communications between or amongst same ● Any and all materials which show how any investigation of Squadron 17 was referred to the Office of the Student Affairs or the Office of Student Conduct, including official referral papers and any emails, texts or other forms of communication related to same from anyone in the Office of Student Affairs or Student Conduct or the Office of the Commandant, or elsewhere. ● Any texts, emails or other forms of communication , digital or otherwise, between or among Joe Ramirez and Patrick Michaelis related to the subject of investigating the any Corps outfit or individual for hazing or any other infraction, including but not limited to the investigation of 17, and any such materials from anyone acting with or on behalf of these individuals, as well as any communications of any kind to or from Dr. Douglas Bell related to the same.

I agree to pay reasonable fees for the processing of this request.

Please remind Dr. Bell, Joe Ramirez, and anyone else who possess potentially responsive information of their obligations under Texas law to preserve any such responsive information.

Please direct any future correspondence to the undersigned or [email protected] We - 141 - Date look forward to hearing from you.

Sincerely, /s/ Brian Beckcom Brian Beckom [email protected]" It has been determined that complying with your request will result in the imposition of a charge that exceeds $40. Therefore, a cost estimate is being provided to you as required by Section 552.2615 of the Texas Government Code. Additionally, the estimated charges exceed $100.00; therefore, as allowed by section 552.263(a) of the Government Code, TAMU requires payment of the bond before starting work on your request. As a less expensive way for you to obtain this information, the estimated cost can be reduced significantly by narrowing your request. It may be that viewing the information will be less costly.

However, charges for the mandatory redactions may still apply. Your check or money order should be made payable to “ Texas A& M University” and forwarded to: Texas A& M University 1280 TAMU College Station, TX 77843-1280 Attn: Wendy Ramirez Your request will be considered automatically withdrawn if you do not either: a) provide the required bond payment within ten business days from the date of this letter; or b) notify us in writing within ten business days from the date of this letter that you: 1. wish to modify your request; OR 2. have sent to the Open Records Division of the Office of the Attorney General a complaint alleging that you are being overcharged for the information you have requested.

Please consider the options indicated above and advise this office of your decision as soon as possible.

Breakdown of responsive information: Estimated number of pages requiring mandatory redactions = 952 minute per page to make redactions = 952 minutes or 15.86 hours 15.86 X $15.00 per hour = $237.90 Labor charge $237.90 X 20% = $47.58 Overhead Total = $285.48 Please note, you can contact the Student Conduct’ s Office directly to obtain your son’ s student records through the University’ s FERPA process.

Douglas Bell [email protected] The university will redact or withhold personally identifiable information from student education records in accordance with Tex. Gov’ t Code sec. 552.114 and the Family Educational Rights and Privacy Act, 20 U.S.C. sec. 1232g, and the Department of Education’ s FERPA regulations (34 C.F.R. Pt. 99). Please note that the scope of what is “ personally identifiable” under FERPA is more expansive and may cover entire records depending on how much a requesting party knows about a particular situation and the students involved, such as in the case of information “ requested by a person who the education agency or institution reasonably believes knows the identity of the student to whom the education record relates.” See 34 C.F.R. § 99.3, Definition of “ Personally Identifiable Information, ” (g). This will be particularly applicable to information you requested regarding Squadron 17, such as in items 1, 3, and 4.

Sincerely, - 142 - Date Knesha Brashear Open Records Office On 4/1/2024 5:33:01 PM, Brian Beckcom wrote: TO: "Texas A&M University Public Records Support"[[email protected]] CC: [[email protected]] This is another form response.

Date range is 2023 and 2024. -bb VBAttorneysLessons from Leaders PodcastMy Bio Video

On Mon, Apr 1, 2024 at 5:30 PM Texas A&M University Public Records Support wrote:

- 143 - Date On 4/1/2024 5:30:29 PM, Leslie Kacer wrote:

- 144 - Date CC: [email protected]; Subject: Public Information Records :: J001147-032824 Body: April 1, 2024 RE: PUBLIC RECORDS REQUEST of March 29, 2024, Reference # J001147-032824 Dear Brian Beckcom, Texas A& M University received a public information request from you on March 29, 2024. Your request mentioned: "From: Brian Beckcom< [email protected]> Sent: Thursday, March 28, 2024 5:31 PM To: Texas A& M University Public Records Support< [email protected]> Cc: Patti Artavia < [email protected]> ; Brendan Fradkin < [email protected]> ; open- [email protected] Subject: Freedom of Information Request related to Squadron 17 To whom it may concern: Please see attached an open records request. Do not send me a form letter with frivolous objections like the last two times. Also, I agree with appropriate redactions and the answer to both of those questions is yes, so do not send me the form email that you utilize to delay the process.

Please remind Dr. Douglas Bell, Joe Ramirez, Patrick Michalis, and anyone else involved in this matter of their legal obligations to preserve any potentially responsive documents.

Texas law mandates the response be sent in 10 days. Do not ask for an extension unless you give me a rational, logical and appropriate reason for any extension. Given the failure to comply with my previous two requests, I expect this request to be answered fully and timely. If it is not, I will proceed appropriately If you have any questions, please let me know. -bb ● All documents or other materials related to any so-called investigation of Squadron 17, including but not limited to texts, emails, interview notes, screen shots, and any other communications related to the investigation from the Office of the Commandant, the Office of the Vice President of Student Affairs, the Office of Student Conduct, any communications to or from Dr. Douglas Bell related to the investigation, including phone calls, emails, texts or any other form of communication, any notes of any kind related in any manner to any such investigation, along with any other information pertaining to any such investigation ● All documents or materials related to the qualifications or training of the individuals who have participated or will participate in any investigation into Squadron 17, including their resumes, background, application to be part of the Texas A& M University System, conviction records in other student conduct panels on which they have served, any training any such individuals have received in “ DE& I” or any related type of training, along with any texts or emails or other forms of communication related to any investigation of Squadron 17, including but not limited to materials in the possession of Dr. Douglas Bell, Joe Ramirez, any of the investigators who participated in any questioning of current cadets or students, - 145 - Date and any communications between or amongst same ● Any and all materials which show how any investigation of Squadron 17 was referred to the Office of the Student Affairs or the Office of Student Conduct, including official referral papers and any emails, texts or other forms of communication related to same from anyone in the Office of Student Affairs or Student Conduct or the Office of the Commandant, or elsewhere. ● Any texts, emails or other forms of communication , digital or otherwise, between or among Joe Ramirez and Patrick Michaelis related to the subject of investigating the any Corps outfit or individual for hazing or any other infraction, including but not limited to the investigation of 17, and any such materials from anyone acting with or on behalf of these individuals, as well as any communications of any kind to or from Dr. Douglas Bell related to the same.

I agree to pay reasonable fees for the processing of this request.

Please remind Dr. Bell, Joe Ramirez, and anyone else who possess potentially responsive information of their obligations under Texas law to preserve any such responsive information.

Please direct any future correspondence to the undersigned or [email protected] We look forward to hearing from you.

Sincerely, /s/ Brian Beckcom Brian Beckom [email protected]"< /[email protected]> < /[email protected]> < /[email protected]> < /[email protected]> Our office is unable to conduct a search for "...All documents or other materials related to any so-called investigation of Squadron 17, ..., " "...All documents or materials related to the qualifications or training of the individuals..., " "...Any and all materials which show how any investigation of Squadron 17..., " and "...Any texts, emails or other forms of communication , digital or otherwise, ...." Therefore, we are requesting that you narrow your request by providing us with a date range, so that we can better assist you with your request.

As provided by section 552.222(d) of the Texas Public Information Act, your request will be considered withdrawn if we do not receive a response from you by the 61st day after the date of this request for clarification/narrowing.

Sincerely, Leslie Kacer Open Records Office

- 146 - Date On 3/28/2024 5:44:14 PM, System Generated Message: Subject: Texas A&M University Public Information Request :: J001147-032824 Body: Dear Brian Beckcom: We received your public information request for Texas A&M University. Your request was given the reference number J001147-032824 for tracking purposes. Please refer to this number when making inquiries about your request.

You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed.

Thank you for your interest in Texas A&M University.

To monitor the progress or update this request please log into the Public Records Center.

On 3/28/2024 5:44:13 PM, Leslie Kacer wrote: Request was created by staff  Request Details

Reference No: J001147-032824 Created By: Leslie Kacer Create Date: 3/29/2024 8:00 AM Update Date: 5/8/2024 10:23 PM Completed/Closed: No Required Completion Date: 5/8/2024

Status: Activity Assigned Priority: Medium Assigned Dept: TAMU_Open Records Assigned Staff: Open Records University

Customer Name: Brian Beckcom Email Address: [email protected] Phone: 8327913118 Group: TAMU

Source: Email

- 147 - EXHIBIT 14 From: Bell Jr, Douglas To: Winking, Audrey J Cc: Gardner, Jeffery D; Smith, Asia Subject: FW: Date: Tuesday, March 5, 2024 12:08:25 PM

From: Gardner, Jeffery D <[email protected]> Sent: Tuesday, March 5, 2024 11:38 AM To: Bell Jr, Douglas <[email protected]> Cc: Smith, Asia <[email protected]> Subject: Sir, has not been questioned yet you may want to reach out to him. He is willing to make a statement if asked.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Corps Standards and Accountability Director Military Advisor Parsons Mounted Cavalry 979-458-9317

- 148 - From: Alvarado, Blair To: Alva Subject: FW Date: Frid

From: Eddy, Georgia G <[email protected]> Sent: Wednesday, January 31, 2024 1:01 PM To: Alvarado, Blair <[email protected]> Subject: Fw Howdy, A student has requested witnesses to be present for their upcoming Conference. I will discuss the case with you during our 1:1 today.

Respectfully, Georgia Eddy '22 Texas A&M University Academic Integrity Administrator Aggie Honor System Office (979) 458-3378 From Sent: Tuesday, November 28, 2023 12:15 AM To: Eddy, Georgia G <[email protected]>; Eddy, Georgia G <spur- [email protected]> Subject Dear Georgia Eddy, This email is for additional information for the *Amend to the case's file: - The case's file claimed that went to the afternoon activity's training time. However, instead, texted and called through his ( phone number and told to go back to the dormitory. *Witnesses: Justify whether has told others that he ( was a . - is a in company in the Corps of Cadets. He is a lower ranking

- 149 - - 150 - *Edvidences: Picture of mail to : This is a picture of the that sent to Mr. .

Help desk with , Help Desk 2: This is a picture of the email correspondence when tried to retrieve the email after Mr. deleted it.

Mr. phone number, text on this to justify the story on Friday (noted that those evidences in email form will be forwarded to Georgia Eddy)

- 151 - From: Bell Jr, Douglas To: Latham, Skylar Cc: Smith, Asia Subject: Investigation Assigned Date: Monday, December 18, 2023 3:24:13 PM Attachments:

Howdy, Please see the attached harassment investigation assigned to you. Please let me know if you have any questions or concerns.

- 152 - From: Smith, Asia To: Bell Jr, Douglas Subject: RE: 3 items shared with you Date: Monday, February 26, 2024 9:50:00 AM Attachments: image001.png

I would assign myself as the SCA and ask Skylar to co adjudicate with me.

From: Smith, Asia Sent: Monday, February 26, 2024 9:45 AM To: Bell Jr, Douglas <[email protected]> Subject: RE: 3 items shared with you Dr. Bell, I have reviewed this case and believe tha should be charged with Abuse of Process for attempting to discourage an individuals’ participation in, or use of, a student conduct, disciplinary or legal process. Additionally, I would charge hazing for the coercive behavior and theft for stealing the intellectual property of another student. Dishonesty may also apply or making false statements in the meeting with the faculty member and submission of work that was not his.

The theft maybe addressed by the AHSO but if I were charging the student I would want to encompass all behaviors. I would not charge ould also like to determine if other members sent their work Asia Smith M.S.Ed. |Assistant Director of Student Conduct Student Conduct Office | Division of Student Affairs | Texas A&M University 1257 TAMU | College Station, TX 77843-1257 ph: 979.847.7272 | [email protected] | sco.tamu.edu ------------------------ DIVISION OF STUDENT AFFAIRS | One Division. One Mission.

From: Bell Jr, Douglas <[email protected]> Sent: Friday, February 23, 2024 2:23 PM To: Smith, Asia <[email protected]> Subject: FW: 3 items shared with you I'm looking through my email, and I forgot to send this your way for your review. Please review and let me know your thoughts before you assign.

Douglas Bell, Ph.D. | Director of Student Community Standards

From: Bell Jr, Douglas Sent: Tuesday, February 6, 2024 11:43 AM To: Winking, Audrey J <[email protected]> Subject: RE: 3 items shared with you See attached.

From: Winking, Audrey J <[email protected]> Sent: Tuesday, February 6, 2024 11:39 AM To: Bell Jr, Douglas <[email protected]> Subject: RE: 3 items shared with you Hey Dr. Bell, I tried but I’m unable to open those attachments, it says I need access.

From: Bell Jr, Douglas <[email protected]> Sent: Tuesday, February 6, 2024 11:06 AM To: Winking, Audrey J <[email protected]> Subject: FW: 3 items shared with you

- 154 - - 155 - Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA You have received this email because [email protected] shared files or folders located in Google Drive with you.

- 156 - From: Smith, Asia To: Gardner, Jeffery D Cc: Latham, Skylar Subject: RE: Corps Conduct Cases Date: Wednesday, March 20, 2024 2:27:00 PM

Thanks for the statement from . The Honor Council Probation is different from the Student Conduct Probation. He was charged for student rule violations in Student Rule 20. For our office Student Rule 24 is used and he will have different behaviors addressed that include Hazing, Abuse of process, dishonesty.

I tried calling you this morning to see where you were at with getting this statement (great minds think alike). Are you available I can schedule him for that time.

From: Gardner, Jeffery D <[email protected]> Sent: Wednesday, March 20, 2024 11:02 AM To: Smith, Asia <[email protected]> Cc: Latham, Skylar <[email protected]> Subject: RE: Corps Conduct Cases Morning Ladies, I’m trying to catch up on delinquent emails. I apologize for the delay in responding. For the situation, Aggie Honor has already ruled that is responsible. I received a statement from (attached). I do have a question. If is already on Conduct Probation as a result of academic dishonesty, would it be double jeopardy to charge him again?

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Corps Standards and Accountability Director Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Smith, Asia <[email protected]> Sent: Thursday, February 29, 2024 4:05 PM To: Gardner, Jeffery D <[email protected]> Cc: Latham, Skylar <[email protected]> Subject: Corps Conduct Cases

- 157 - Howdy, We have three cadets that will be seen by the Conduct office. I wanted to get your schedule for March 7th and 8th.

I’ve asked Skylar to co-SCA with me so I have copied her on this email. In my conversations with Skylar she said that you may already be aware of the incidents but I wanted to loop you in officially prior to sending charge letters.

I assume all will get conduct unbecoming a cadet.

Summary -Fighting a non student - interfering with the officers who were addressing the fight with - appeared before AHSO regarding turning in another The other stated that asked several other students for them to submit their work to him. Would it be possible to gather statements for the other students named?

– 24.4.3. Physical abuse. Any attempt to cause injury or inflict pain; or causing injury or inflicting pain.

Also causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. It is not a defense that the person, group, or organization against whom the physical abuse was directed consented to, or acquiesced to, the physical abuse.

24.4.6.1. Evading. Intentionally fleeing from a University official or law enforcement officer when the person knows or reasonably should have known the University official or law enforcement officer is attempting to confront, arrest, or detain.

24.4.17. Disorderly conduct. Public behavior that is disruptive, lewd, or indecent; breach of peace; or aiding, or procuring another person to breach the peace on University premises or at functions sponsored by the University or participated in by members of the University community.

24.4.6. Failure to comply. Failure to comply with proper and lawful direction of any University official or law enforcement officer.

24.4.23. Abuse of process. Abuse of the student conduct, disciplinary and/or legal processes including, but not limited to, investigations, conferences, and appeals.

24.4.5. Hazing. Any act that endangers the mental or physical health or safety of a student, or that destroys or removes public or private property; and/or assisting, directing, or in any way causing others to participate in degrading behavior and/or behavior that causes ridicule, humiliation, or embarrassment for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization; or as part of any activity of a recognized student organization, student group, Corps of Cadets, Corps outfit, Corps unit, or Corps Special Activities.

Previously relied upon “traditions” (including Corps, fraternity/sorority, or any other group or organization activity, practice or tradition), intent of such acts, or coercion by current or former

- 158 - members or student leaders of such groups, will not suffice as a justifiable reason for participation in such acts. It is not a defense that the person (or group) against whom the hazing was directed consented to, or acquiesced to, the behavior in question.

Examples of such behavior include but are not limited to: Misuse of authority by virtue of one’s class rank or leadership position.

24.4.1. Dishonesty. Acts of dishonesty, including but not limited to the following: 24.4.4.1. Theft. Unauthorized removal or stealing and/or attempted removal or stealing of property of a member of the University community or other personal or public property, on or off campus.

This includes knowingly possessing such stolen property. This also includes theft of services and/or misuse of another’s property including, but not limited to, unauthorized use of another’s property, unauthorized selling of subsidized tickets, and use of a forged parking permit.

I was hoping to get with you earlier today however time moves so quickly. I must have letters out on Monday to have meetings at the end of the week so your prompt response is appreciated.

Let me know your thoughts!

- 159 - From: Smith, Asia To: Bell Jr, Douglas Subject: RE: Investigation Report Date: Tuesday, January 9, 2024 4:44:00 PM

Skylar will be the SCA for this case.

From: Bell Jr, Douglas <[email protected]> Sent: Monday, January 8, 2024 2:32 PM To: Smith, Asia <[email protected]> Subject: Investigation Report Howdy, Please review the attached investigation report and let me know who you would like for me to forward this report to.

- 160 - - 161 - - 162 - From: Winking, Audrey J To: Washington, Robert Sykes Subject: RE: Investigation Date: Friday, September 22, 2023 9:27:00 AM

Thank you! See you in a bit.

From: Washington, Robert Sykes <[email protected]> Sent: Friday, September 22, 2023 9:00 AM To: Winking, Audrey J <[email protected]> Subject: Re: Investigation I can do that LtCol Robert Washington, USMC (ret) Cadet Training Officer, Corps of Cadets Texas A&M University [email protected]

From: Winking, Audrey J <[email protected]> Sent: Friday, September 22, 2023 8:28:27 AM To: Washington, Robert Sykes <[email protected]> Subject: RE: Investigation Would 11 work? If so, I can meet with you in in one of our panel rooms.

From: Washington, Robert Sykes <[email protected]> Sent: Thursday, September 21, 2023 5:02 PM To: Winking, Audrey J <[email protected]> Subject: RE: Investigation Audrey, Yes, I am available at 10am. I am assuming you are in the SSB? What is your office number?

- 163 - Office ph: 979.458.1202 Mobile ph: [email protected] | corps.tamu.edu ------------------------ CORPS OF CADETS | We Make Leaders

From: Winking, Audrey J <[email protected]> Sent: Thursday, September 21, 2023 4:15 PM To: Washington, Robert Sykes <[email protected]> Subject: Investigation Howdy, Dr. Bell informed me that you have been assigned to work on the investigation with me. Do you have some time tomorrow (Friday) where we could chat briefly about the plan for the investigation moving forward? The only times I am unavailable . We could meet via Zoom or Teams if that is more convenient for you since it should be a quick meeting!

I am hoping to do interviews next Wednesday afternoon if that works for you!

- 164 - From: Winking, Audrey J To: Washington, Robert Sykes Subject: RE: Date: Friday, September 29, 2023 10:30:00 AM

Okay great, thank you! I do plan on condensing some of our questions as well so I will make sure he’s done on time. I can always have him come back the next day to review notes if needed.

From: Washington, Robert Sykes Sent: Friday, September 29, 2023 10:29 AM To: Winking, Audrey J <[email protected]> Subject: RE: That is the event that I have to leave for since I am the advisor. He is not expected to be out there until 4:25 so I think if we are done by 3:45 then he should have time to get to his room and change.

It is important for him to take part in it but I think he will have time.

LtCol Robert S. Washington ’95, USMC (Ret) | Operations Planner & RV Company Advisor Corps of Cadets | Office of the Commandant | Division of Student Affairs | Texas A&M University 1227 TAMU | College Station, TX 77843-1227 Office ph: 979.458.1202 Mobile ph: [email protected] | corps.tamu.edu ------------------------ CORPS OF CADETS | We Make Leaders

From: Winking, Audrey J <[email protected]> Sent: Friday, September 29, 2023 10:22 AM To: Washington, Robert Sykes <[email protected]> Subject: Hi Lt. Col. Washington, emailed me saying he has the at , so he was asking if we can reschedule his interview. I typically only work around students’ class schedules, but is this something we should work around? I wasn’t sure if this was extracurricular or something that is critical he participates in so I wanted to get your perspective!

He is the one we have scheduled with his class ending So we in theory should be done by but I do recognize that would be really rushed for him.

- 165 - Thanks, Audrey

- 166 - From: Bell Jr, Douglas To: Winking, Audrey J Subject: FW: - Date: Thursday, October 12, 2023 10:55:54 AM

FYI for Co-Investigator Douglas Bell, Ph.D. | Interim Executive Director of Student Community Standards Student Conduct Office | Division of Student Affairs | Texas A&M University 1257 TAMU | College Station, TX 77843-1257 ph: 979.847.7272 | [email protected] | sco.tamu.edu ------------------------ DIVISION OF STUDENT AFFAIRS | One Division. One Mission.

From: Gardner, Jeffery D <[email protected]> Sent: Thursday, October 12, 2023 8:48 AM To: Bell Jr, Douglas <[email protected]> Subject: RE: Sir, John Regan will be our investigator. He can be reached at [email protected] V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Accountability and Standards Military Advisor Parsons Mounted Cavalry 979-458-9317

- 167 - - 168 - - 169 - - 170 - - 171 - - 172 - - 173 - - 174 - From: TAMU Civil Rights To: Gardner, Jeffery D; Bell Jr, Douglas Cc: Simpson, Meredith M Subject: FW: Filex - You have access to the folder 23-1003-0003 Date: Thursday, October 5, 2023 9:03:30 AM Attachments:

Good morning, The CREI office received the attached UPD report yesterday afternoon. Since this does not rise to the CREI or TIX level to address, we are referring to the Corps and SCO to address as you see fit.

Please let me know if you have any questions or discover any sex-based misconduct or discrimination/harassment against a protected class.

Best, Samantha Brunner (she/her) Assistant Deputy Title IX Coordinator University Risk, Ethics, and Compliance | Civil Rights and Equity Investigations Texas A&M University | YMCA, Suite 108 1268 TAMU | College Station, TX 77843-1268 ph: 979.458.7598 |[email protected]

-----Original Message----- From: [email protected] <[email protected]> Sent: Wednesday, October 4, 2023 2:56 PM To: TAMU Civil Rights <[email protected]> Subject: Filex - You have access to the folder The folder, , is now available for you to use:

You can download files in this folder.

This folder currently has the following files: .PDF Commander Johnson ( )

- 175 - - 176 - From: Bell Jr, Douglas To: Winking, Audrey J Subject: FW: Dorm Statement Date: Monday, October 16, 2023 9:13:37 AM

From: Mailbox - DSL - Student Conduct Office <[email protected]> Sent: Monday, October 16, 2023 9:10 AM To: Bell Jr, Douglas <[email protected]> Subject: FW: Dorm Statement More information from Nelda Trevino | Administrative Coordinator II Student Conduct Office | Division of Student Affairs | Texas A&M University 1172 TAMU | College Station,TX 77843-1172 ph: 979.847.7272 | [email protected] | sco.tamu.edu ------------------------ DIVISION OF STUDENT AFFAIRS | One Division. One Mission.

From: Sent: Monday, October 16, 2023 5:27 AM To: Gardner, Jeffery D <[email protected]>; Leible, Jason Aaron <[email protected]>; Mailbox - DSL - Student Conduct Office <[email protected]> Subject: Dorm Statement On , during my meeting with the Commandant I had informed him I suspected someone was entering my room with the malicious intent of messing with things, including leaving debris behind on my desk. Ensuring I failed my room inspections. This was documented in my room inspection appeal (sent on ), which was sent to . As well as, the other statement I will be sending up in regards to all of the incidents that have occurred since.

On Sunday, , I returned to campus, at approximately 1830, I walked through the door to my room to discover a singular french fry centered on the star on my bed sheet, perfectly parallel to the lines in the star. Obviously, this fry was intentionally placed there.

- 177 - At approximately 2000, I asked if she did it and she stated did it. It turns out she let him into our room and allowed him to place the fry on my bed yesterday morning (Saturday). And let it stay there for over 24 hours which obviously could have gotten me into trouble. Not to mention the insects or rodents this could have attracted.

, is one of the cadets in this unit that does not speak to me. We don’t socialize and we are not on friendly terms, I do not consider this “good bull.” -

- 178 - - 179 - - 180 - individual piece of clothing.

My daughter has reason to believe this activity has been going on for at least the past 3 weeks and has been taking pictures and videos of her room before leaving every day. This situation is increasing in frequency and seriousness with more being disturbed and damaged on a daily basis.

Residence in this hall have also started cyberstalking my daughter and our family, they have been printing off pictures from my social media accounts, altering the images, and posting them in the hallways (there are pictures to document this). The Corps of Cadets faculty is aware of this and has done nothing to stop it.

Supporting Documentation 1: Supporting Documentation 2: Supporting Documentation 3: Supporting Documentation 4:

- 181 - - 182 - - 183 - - 184 - From: Gardner, Jeffery D To: Bell Jr, Douglas Cc: Michaelis, Patrick Ralph; Simpson, Meredith M Subject: Re: Filex - You have access to the folder Date: Monday, October 9, 2023 5:03:26 PM

Sir, After speaking with this student and her outfit we have actions in place that will resolve the situation. As the police report stated there is no indication of hazing and we found the same thing. I will be happy to discuss your findings and mine.

V/R > On Oct 9, 2023, at 4:51 PM, Bell Jr, Douglas <[email protected]> wrote: > > Howdy, > I wanted to follow up on this issue. I received some additional information regarding this concern, and I feel that an investigation from SCO maybe warranted. Please let me know if you have any additional information. > > Douglas Bell, Ph.D. | Interim Executive Director of Student Community Standards > Student Conduct Office | Division of Student Affairs | Texas A&M University > 1257 TAMU | College Station, TX 77843-1257 > ph: 979.847.7272 | [email protected] | sco.tamu.edu >------------------------ > DIVISION OF STUDENT AFFAIRS | One Division. One Mission. > -----Original Message----- > From: Gardner, Jeffery D <[email protected]> > Sent: Thursday, October 5, 2023 10:08 AM > To: Bell Jr, Douglas <[email protected]>; Michaelis, Patrick Ralph <[email protected]> > Cc: Simpson, Meredith M <[email protected]> > Subject: FW: Filex - You have access to the folder > > Dr. Bell, > > I reviewed the report and the other complaints Ms. has filed against her outfit. I will be speaking with her either today or tomorrow to determine what is going on. > > V/R > > Lt. Col Jeff Gardner ‘82, USAF (Ret) > Assistant Commandant for Accountability and Standards Military Advisor Parsons Mounted Cavalry > 979-458-9317 > > -----Original Message----- > From: TAMU Civil Rights <[email protected]> > Sent: Thursday, October 5, 2023 9:03 AM > To: Gardner, Jeffery D <[email protected]>; Bell Jr, Douglas <[email protected]> > Cc: Simpson, Meredith M <[email protected]> > Subject: FW: Filex - You have access to the folder > > Good morning, > > The CREI office received the attached UPD report yesterday afternoon. Since this does not rise to the CREI or TIX level to address, we are referring to the Corps and SCO to address as you see fit.

- 185 - > > Please let me know if you have any questions or discover any sex-based misconduct or discrimination/harassment against a protected class. > > Best, > > Samantha Brunner (she/her) > Assistant Deputy Title IX Coordinator > University Risk, Ethics, and Compliance | Civil Rights and Equity Investigations Texas A&M University | YMCA, Suite 108 > 1268 TAMU | College Station, TX 77843-1268 > ph: 979.458.7598 |[email protected] > > > -----Original Message----- > From: [email protected] <[email protected]> > Sent: Wednesday, October 4, 2023 2:56 PM > To: TAMU Civil Rights <[email protected]> > Subject: Filex - You have access to the folder 23-1003-0003 > > The folder, 2 , is now available for you to use: > > > > You can download files in this folder. > > This folder currently has the following files: > > : >

- 186 - From: Regan III, John M To: Winking, Audrey J Subject: RE: investigation Date: Friday, October 13, 2023 10:50:38 AM

Good Morning Audrey, The only time I will not be available next week is Wednesday 1200 – 4:30.

GySgt John M. Regan III USMC (Ret) | 1st Regiment Military Advisor/CCMU Advisor Office of the Commandant | Division of Student Affairs | Texas A&M University 1227 TAMU | College Station, TX 77843-1227 ph: 979-458-4279 I [email protected] | ------------------------ Corps of Cadets | We Make Leaders

From: Winking, Audrey J <[email protected]> Sent: Friday, October 13, 2023 8:50 AM To: Regan III, John M <[email protected]> Subject: investigation Good morning, I was told that you will be working on the investigation with me. Can you please send me your availability for next week so that we can get her interview scheduled? I would like to meet with her on Tuesday or Wednesday next week if possible and then once we have more information from her we can schedule the other students’ interviews for the following week.

Thanks!

- 187 - Bell Jr, Douglas From: Winking, Audrey J Sent: Wednesday, May 24, 2023 11:56 AM To: Upshaw-Brown, Jaclyn B; Bell Jr, Douglas Subject: Investigation

The investigation report is complete and can be found here: Investigations\Active Investigations\Completed Investigations\Completed_ Thanks, Audrey Winking| Senior Student Conduct Investigator Student Conduct Office | Division of Student Affairs | Texas A&M University 1172 TAMU | College Station, TX 77843-1257 ph: 979.847.7272 |audrey [email protected]| sco.tamu.edu

- 188 - - 189 - - 190 - Your phone number UIN [UNAUTHENTICATED] Routing Information Primary recipient: Jaclyn Upshaw-Brown (Interim Director, Student Conduct Office) Copied recipients: • [email protected] Text msg recipients: None Originating IP address: Submitted through IR layout #1 Processed by routing rule #167. Routed to Jaclyn Upshaw-Brown, Interim Director, Student Conduct Office.

Message sent by Maxient The reporter did not provide an email address. REPLIES WILL NOT REACH ANYONE.

- 191 - - 192 - - 193 - Your phone number UIN [UNAUTHENTICATED] Routing Information Primary recipient: Jaclyn Upshaw-Brown (Interim Director, Student Conduct Office) Copied recipients: • [email protected] Text msg recipients: None Originating IP address: Submitted through IR layout #1 Processed by routing rule #167. Routed to Jaclyn Upshaw-Brown, Interim Director, Student Conduct Office.

Message sent by Maxient The reporter did not provide an email address. REPLIES WILL NOT REACH ANYONE.

- 194 - Bell Jr, Douglas From: Gardner, Jeffery D Sent: Friday, April 28, 2023 11:48 AM To: Bell Jr, Douglas Cc: Upshaw-Brown, Jaclyn B; Winking, Audrey J; Anderson, Chauncy Jovan Subject: Re: [Maxient] College Station - On-Campus Grounds

Msg t Anderson is your man. He is copied on this email.

V/R

On Apr 28, 2023, at 9:36 AM, Bell Jr, Douglas <[email protected]> wrote:

Thank you for this information.

Lt.Col Gardner, can you assist in identifying a CTO to assist with this investigation. Thank you in advance.

From: Upshaw‐Brown, Jaclyn B <[email protected]> Sent: Friday, April 28, 2023 9:35 AM To: Bell Jr, Douglas <[email protected]>; Winking, Audrey J <[email protected]> Cc: Gardner, Jeffery D <[email protected]> Subject: FW: [Maxient] College Station ‐ On‐Campus Grounds Good morning, Dr. Bell and Audrey, Based on the information in the initial report, I would recommend that we initiate an investigation to speak with the individuals LtCol Gardner has identified below about their experiences

We have confirmed that surveillance footage from Duncan is not likely to be available due to the amount of time that has passed.

Please let me know if you have any questions.

Thank you, Jaclyn Upshaw-Brown | Assistant Director Student Conduct Office | Division of Student Affairs | Texas A&M University 1172 TAMU | College Station, TX 77843-1172

- 195 - ph: 979.847.7272 |[email protected] |sco.tamu.edu

From: Bell Jr, Douglas <[email protected]> Sent: Wednesday, April 26, 2023 10:29 AM To: Upshaw‐Brown, Jaclyn B <[email protected]> Cc: Winking, Audrey J <audrey [email protected]> Subject: FW: [Maxient] College Station ‐ On‐Campus Grounds FYI Douglas Bell, Ph.D. | Interim Executive Director of Student Community Standards Student Conduct Office | Division of Student Affairs | Texas A&M University 1257 TAMU | College Station, TX 77843-1257 ph: 979.847.7272 | [email protected] | sco.tamu.edu ------------------------ DIVISION OF STUDENT AFFAIRS | One Division. One Mission.

From: Gardner, Jeffery D <jeff [email protected]> Sent: Wednesday, April 26, 2023 8:47 AM To: Bell Jr, Douglas <[email protected]> Subject: RE: [Maxient] College Station ‐ On‐Campus Grounds These are the names I was given:

Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979‐458‐9317 From: Bell Jr, Douglas <[email protected]> Sent: Thursday, April 20, 2023 3:12 PM To: Gardner, Jeffery D <jeff [email protected]> Cc: Winking, Audrey J <audrey [email protected]>; Upshaw‐Brown, Jaclyn B <[email protected]> Subject: RE: [Maxient] College Station ‐ On‐Campus Grounds Thank you for your assessment of the information provided. We would still like to do our due diligence to ensure everything is above board and not assume any details within this incident report. So again, do you know how we would go about figuring out who would have been in the ? Thank you for this information.

Douglas Bell, Ph.D. | Interim Executive Director of Student Community Standards Student Conduct Office | Division of Student Affairs | Texas A&M University - 196 - - 197 - - 198 - - 199 - Primary recipient: Jaclyn Upshaw-Brown (Interim Director, Student Conduct Office) Copied recipients: • [email protected] Text msg recipients: None Originating IP address: Submitted through IR layout #1 Processed by routing rule #167. Routed to Jaclyn Upshaw-Brown, Interim Director, Student Conduct Office.

Message sent by Maxient The reporter did not provide an email address. REPLIES WILL NOT REACH ANYONE.

- 200 - Bell Jr, Douglas From: Bell Jr, Douglas Sent: Thursday, May 11, 2023 1:17 PM To: Winking, Audrey J Subject: FW: [Maxient] College Station - On-Campus Grounds

From: Gardner, Jeffery D <[email protected]> Sent: Thursday, May 11, 2023 1:16 PM To: Bell Jr, Douglas <[email protected]> Cc: BEATY, GARY <[email protected]> Subject: RE: [Maxient] College Station ‐ On‐Campus Grounds Just spoke to him. He has received the correspondence and is tracking for next week.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979‐458‐9317 From: Bell Jr, Douglas <[email protected]> Sent: Thursday, May 11, 2023 1:13 PM To: Gardner, Jeffery D <jeff [email protected]> Cc: BEATY, GARY <[email protected]> Subject: RE: [Maxient] College Station ‐ On‐Campus Grounds Howdy Lt. Col. Gardner, We have had some issues getting in touch with MSG. Anderson and we would like to move forward with our investigation. Can you please give him a gentle reminder to check his email and respond to Audrey Winking. Thanks in advance.

- 201 - From: Gardner, Jeffery D <jeff [email protected]> Sent: Friday, April 28, 2023 11:48 AM To: Bell Jr, Douglas <[email protected]> Cc: Upshaw‐Brown, Jaclyn B <[email protected]>; Winking, Audrey J <audrey [email protected]>; Anderson, Chauncy Jovan <[email protected]> Subject: Re: [Maxient] College Station ‐ On‐Campus Grounds Msg t Anderson is your man. He is copied on this email.

V/R

On Apr 28, 2023, at 9:36 AM, Bell Jr, Douglas <[email protected]> wrote:

Thank you for this information.

Lt.Col Gardner, can you assist in identifying a CTO to assist with this investigation. Thank you in advance.

From: Upshaw‐Brown, Jaclyn B <[email protected]> Sent: Friday, April 28, 2023 9:35 AM To: Bell Jr, Douglas <[email protected]>; Winking, Audrey J <audrey [email protected]> Cc: Gardner, Jeffery D <jeff [email protected]> Subject: FW: [Maxient] College Station ‐ On‐Campus Grounds Good morning, Dr. Bell and Audrey, Based on the information in the initial report, I would recommend that we initiate an investigation to speak with the individuals LtCol Gardner has identified below about their experiences

We have confirmed that surveillance footage from Duncan is not likely to be available due to the amount of time that has passed.

Please let me know if you have any questions.

- 202 - From: Bell Jr, Douglas <[email protected]> Sent: Wednesday, April 26, 2023 10:29 AM To: Upshaw‐Brown, Jaclyn B <[email protected]> Cc: Winking, Audrey J <audrey [email protected]> Subject: FW: [Maxient] College Station ‐ On‐Campus Grounds FYI Douglas Bell, Ph.D. | Interim Executive Director of Student Community Standards Student Conduct Office | Division of Student Affairs | Texas A&M University 1257 TAMU | College Station, TX 77843-1257 ph: 979.847.7272 | [email protected] | sco.tamu.edu ------------------------ DIVISION OF STUDENT AFFAIRS | One Division. One Mission.

Douglas Bell, Ph.D. | Interim Executive Director of Student Community Standards Student Conduct Office | Division of Student Affairs | Texas A&M University 1257 TAMU | College Station, TX 77843-1257 ph: 979.847.7272 | [email protected] | sco.tamu.edu - 203 - - 204 - - 205 - - 206 - Text msg recipients: None Originating IP address: Submitted through IR layout #1 Processed by routing rule #167. Routed to Jaclyn Upshaw-Brown, Interim Director, Student Conduct Office.

Message sent by Maxient The reporter did not provide an email address. REPLIES WILL NOT REACH ANYONE.

- 207 - Bell Jr, Douglas From: Winking, Audrey J Sent: Wednesday, May 10, 2023 11:39 AM To: Anderson, Chauncy Jovan Cc: Bell Jr, Douglas Subject: RE: [Maxient] College Station - On-Campus Grounds

Hi Chauncy, I would like to schedule interviews for the following dates/times ( interviews total). Please let me know as soon as possible if these work for you so that I can send the interview notices to the students!

From: Winking, Audrey J Sent: Thursday, May 4, 2023 10:40 AM To: Anderson, Chauncy Jovan <[email protected]> Subject: RE: [Maxient] College Station ‐ On‐Campus Grounds Are there any days/times that I need to avoid scheduling interviews for next week?

From: Anderson, Chauncy Jovan <[email protected]> Sent: Thursday, May 4, 2023 10:39 AM To: Winking, Audrey J <audrey [email protected]> Subject: RE: [Maxient] College Station ‐ On‐Campus Grounds Ok next week will be good. Looking forward to it.

From: Winking, Audrey J <audrey [email protected]> Sent: Wednesday, May 3, 2023 10:40 AM To: Anderson, Chauncy Jovan <[email protected]> Subject: RE: [Maxient] College Station ‐ On‐Campus Grounds Hi Chauncy, Just wanted to follow up on your availability. We will probably need to look at next week and depending on whether the cadets are still in town after finals or not we may need to do some via Zoom.

From: Winking, Audrey J Sent: Friday, April 28, 2023 11:52 AM To: Anderson, Chauncy Jovan <[email protected]> Subject: RE: [Maxient] College Station ‐ On‐Campus Grounds Hi there, Looks like you will be working with me on this investigation! What does your availability look like next week? Once I know when you’re available for interviews, I will work on getting the students scheduled. I am hoping we can get them in before finals or them leaving for the semester. If you happen to know when the cadets leave campus for summer too, that may be helpful for me to know in case we can’t fit them all in before finals.

From: Gardner, Jeffery D <jeff [email protected]> Sent: Friday, April 28, 2023 11:48 AM To: Bell Jr, Douglas <[email protected]> Cc: Upshaw‐Brown, Jaclyn B <[email protected]>; Winking, Audrey J <audrey [email protected]>; Anderson, - 209 - Chauncy Jovan <[email protected]> Subject: Re: [Maxient] College Station ‐ On‐Campus Grounds Msg t Anderson is your man. He is copied on this email.

V/R

On Apr 28, 2023, at 9:36 AM, Bell Jr, Douglas <[email protected]> wrote:

Thank you for this information.

Lt.Col Gardner, can you assist in identifying a CTO to assist with this investigation. Thank you in advance.

From: Upshaw‐Brown, Jaclyn B <[email protected]> Sent: Friday, April 28, 2023 9:35 AM To: Bell Jr, Douglas <[email protected]>; Winking, Audrey J <[email protected]> Cc: Gardner, Jeffery D <jeff [email protected]> Subject: FW: [Maxient] College Station ‐ On‐Campus Grounds Good morning, Dr. Bell and Audrey, Based on the information in the initial report, I would recommend that we initiate an investigation to speak with the individuals LtCol Gardner has identified below about their experiences

We have confirmed that surveillance footage from Duncan is not likely to be available due to the amount of time that has passed.

Please let me know if you have any questions.

From: Bell Jr, Douglas <[email protected]> Sent: Wednesday, April 26, 2023 10:29 AM To: Upshaw‐Brown, Jaclyn B <[email protected]>

- 210 - - 211 - - 212 - - 213 - - 214 - Submitted through IR layout #1 Processed by routing rule #167. Routed to Jaclyn Upshaw-Brown, Interim Director, Student Conduct Office.

Message sent by Maxient The reporter did not provide an email address. REPLIES WILL NOT REACH ANYONE.

- 215 - Bell Jr, Douglas From: Bell Jr, Douglas Sent: Wednesday, September 27, 2023 11:59 AM To: Winking, Audrey J Subject: Corp Incident Attachments: FW: Corps Searching Rooms

Howdy Audrey, I wanted to give you the opportunity to weigh in to see if an addi onal inves ga on is needed or if this is enough informa on to move forward with the conduct process. One email contain statements from the Corps Members and the next email contains informa on from the IRs received. Let me know your thoughts.

- 216 - Bell Jr, Douglas From: Latham, Skylar Sent: Friday, March 22, 2024 8:49 AM To: Bell Jr, Douglas Cc: Smith, Asia Subject: RE: Hazing Concerns

I will forward him the link to the report and inform him that if he wishes to, he may ﬁle a report.

From: Bell Jr, Douglas <[email protected]> Sent: Friday, March 22, 2024 8:45 AM To: Latham, Skylar <[email protected]> Cc: Smith, Asia <[email protected]> Subject: RE: Hazing Concerns I think this may be worth inves�ga�ng if student would like to make a formal statement via a CCIR.

From: Latham, Skylar <[email protected]> Sent: Friday, March 22, 2024 8:42 AM To: Bell Jr, Douglas <[email protected]> Cc: Smith, Asia <[email protected]> Subject: Hazing Concerns Hey ya’ll, Yesterday I met with student who is a and was in the Corps of Cadets. At one point in our mee�ng, he men�oned having been in the Corps, and to make conversa�on, I asked why he punched. He then proceeded to tell me he and punched three days into and discussed how it was intense for them both.

Two speciﬁc comments he made raised concerns for me: 1. He was woken up at 2:00 AM to an and telling them to be ready for fallout at the usual start �me.

2. When punching, he was advised to not share much about his experience with the ou it to Corps staﬀ, speciﬁcally by an upperclassman (or mul�ple), because could get disbanded.

I’m not sure what much may be done in this circumstance, but I do want it to be brought to your aten�on. - 217 - Skylar Latham ‘23 | Assistant Coordinator Student Conduct Office | Division of Student Affairs Texas A&M University 1257 TAMU | College Station, TX 77843-1257 ph: 979.847.7272 | [email protected] | sco.tamu.edu ------------------------ STUDENT CONDUCT OFFICE | Live By The Aggie Core Values

- 218 - Bell Jr, Douglas From: Gardner, Jeffery D Sent: Monday, September 25, 2023 3:31 PM To: Bell Jr, Douglas Subject: FW: Attachments: .pdf; Account.pdf; Account.pdf; Account.pdf; Account.pdf; Account.pdf; Account.pdf; Account.pdf; Account.pdf; Account.pdf Follow Up Flag: Follow up Flag Status: Completed

Sir, Statement from cadets.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: > Sent: Friday, September 22, 2023 10:29 PM To: Gardner, Jeffery D <[email protected]> Subject: Howdy!

Sir, attached are the written accounts of Cadets involved in the incident with nonregs in our dorm. I am sorry for the late email, but I was just now able to gather all of the accounts. Thank you again, and let me know if there is anything I can do to help.

With Respect,

- 219 - Bell Jr, Douglas From: Gardner, Jeffery D Sent: Monday, September 25, 2023 11:20 AM To: Bell Jr, Douglas Cc: Michaelis, Patrick Ralph; Simpson, Meredith M Subject: RE: Corps Searching Rooms

Sir, I spoke to the 1st Sgt. He is providing me with informa�on today. I’ll send it to you as soon as I receive it.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Bell Jr, Douglas <[email protected]> Sent: Monday, September 25, 2023 10:37 AM To: Gardner, Jeffery D <[email protected]> Cc: Michaelis, Patrick Ralph <[email protected]>; Simpson, Meredith M <[email protected]> Subject: RE: Corps Searching Rooms I have discovered the names of cadets that were searching rooms: . Please let me know if you have any addi�onal informa�on.

From: Gardner, Jeffery D <jeff [email protected]> Sent: Thursday, September 21, 2023 12:31 PM To: Bell Jr, Douglas <[email protected]> Cc: Michaelis, Patrick Ralph <[email protected]>; Simpson, Meredith M <[email protected]> Subject: RE: Corps Searching Rooms Sir, I will reach out to the V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline - 220 - Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Bell Jr, Douglas <[email protected]> Sent: Thursday, September 21, 2023 12:15 PM To: Gardner, Jeffery D <jeff [email protected]> Cc: Michaelis, Patrick Ralph <[email protected]> Subject: Corps Searching Rooms Howdy Lt. Gardner, I received several incident reports from Residence Life regarding Corps Members entering non-regs student rooms in search of a laundry bag last week. I wanted to see if you have any addi�onal informa�on related to this situa�on.

- 221 - Bell Jr, Douglas From: Winking, Audrey J Sent: Friday, September 29, 2023 2:39 PM To: Bell Jr, Douglas Subject: RE: Incident report Attachments: Incident report.docx

I made a few highlights on here where we did get names. There is also men on about UPD assis ng with one of the incidents – can you reach out to see if we can get notes from that?

Thanks!

From: Bell Jr, Douglas <[email protected]> Sent: Friday, September 29, 2023 2:15 PM To: Winking, Audrey J <[email protected]> Subject: FW: Incident report

From: Gardner, Jeffery D <jeff [email protected]> Sent: Friday, September 29, 2023 10:55 AM To: Bell Jr, Douglas <[email protected]> Cc: Michaelis, Patrick Ralph <[email protected]>; Simpson, Meredith M <[email protected]> Subject: Incident report Good Morning Dr. Bell, A ached you will find four individual incident reports from Corps . In each of these incidents, non‐ corps students a empted to take items from the cadets. We would appreciate the Student Conduct Oﬃce looking into these events and taking appropriate ac on. Please let me know if you have ques ons or if we can be of assistance.

V/R Lt. Col Jeﬀ Gardner ‘82, USAF (Ret) Assistant Commandant for Accountability and Standards - 222 - Military Advisor Parsons Mounted Cavalry 979‐458‐9317

- 223 - Bell Jr, Douglas From: Gardner, Jeffery D Sent: Tuesday, September 5, 2023 2:15 PM To: Bell Jr, Douglas; Michaelis, Patrick Ralph; Simpson, Meredith M Subject: RE: [Maxient] College Station - On-Campus Residence Hall Attachments: Incident.pdf

Dr. Bell, Attached are the Commandant’s thoughts on the issue.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979‐458‐9317 From: Bell Jr, Douglas <[email protected]> Sent: Tuesday, September 5, 2023 11:42 AM To: Michaelis, Patrick Ralph <[email protected]>; Simpson, Meredith M <[email protected]>; Gardner, Jeffery D <[email protected]> Subject: RE: [Maxient] College Station ‐ On‐Campus Residence Hall I wanted to follow up to see if there was any additional information. SCO intends to move forward with an investigation in the coming week.

From: Bell Jr, Douglas Sent: Wednesday, August 30, 2023 3:41 PM To: Michaelis, Patrick Ralph <[email protected]>; Simpson, Meredith M <[email protected]>; Gardner, Jeffery D <jeff [email protected]> Subject: FW: [Maxient] College Station ‐ On‐Campus Residence Hall I wanted to pass this along for your consideration and review. Please let me know your thoughts.

- 224 - Bell Jr, Douglas From: Bell Jr, Douglas Sent: Thursday, October 19, 2023 10:53 AM To: Caldwell III, Danny Wilson Subject: Investigation Report Attachments: Investigation Report - Final.pdf; Audio Clip 1 - S.mp3; Audio Clip 2 - W.mp3; FW_ Audio Files for Hazing Investigation.pdf

Howdy Danny, I am assigning the inves ga on to you. Lets chat a er you have reviewed this informa on. I will also forward you the ini al report in Maxient.

- 225 - Bell Jr, Douglas From: Winking, Audrey J Sent: Wednesday, October 11, 2023 3:21 PM To: Bell Jr, Douglas Subject: RE: report

I just added two audio files as well as a PDF of the email from the student from when he sent the audio files to Tia.

From: Winking, Audrey J Sent: Wednesday, October 11, 2023 11:24 AM To: Bell Jr, Douglas <[email protected]> Subject: report The inves ga on report is complete and in the share drive.

- 226 - From: Upshaw-Brown, Jaclyn B To: Winking, Audrey J; Barrett, Jamyia C; Doughty, Jeanae Cc: Bell Jr, Douglas Subject: Investigations Date: Friday, January 6, 2023 1:43:21 PM

Hi, all!

After looking at the two bigger investigations that have recently come in, here is what I’m thinking in terms of assignments: Jeanae and Jaclyn to team up as SCAs. : Jamyia and Audrey to team up as SCAs Note: We are still uncertain whether more information relevant to this org/investigation is forthcoming from the individual who contacted OFSL shortly before the break. I’ve checked in with CREI to see if they’ve heard from her; OFSL has provided contact information so I can follow up with her if not. But I figured y’all could at least start reading, making your list of who might be charged and what type of process, drafting charges, etc. while we figure that out.

Each investigation came with some video/audio files; I’ve put those into the main ScansàInvestigations folder for now.

Please let me know if you have any questions.

- 227 - From: Doughty, Jeanae To: Gardner, Jeffery D Subject: Administrative Conferences Date: Thursday, February 23, 2023 10:13:00 AM

Howdy Col. Gardner, I am in the process of scheduling the administrative conferences for the cadets. Would you be available on Monday, and Tuesday, Since there are cadets, I’ve scheduled two separate conferences. If you are unavailable during those days/times, please provide me your availability for next Monday through Wednesday.

- 228 - From: Gardner, Jeffery D To: Doughty, Jeanae Subject: RE: Administrative Conferences Date: Thursday, February 23, 2023 10:37:01 AM

Morning Ma’am, I can be available at those times. Quick question, I thought they were all going before a panel starting on Has there been a change?

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Doughty, Jeanae <[email protected]> Sent: Thursday, February 23, 2023 10:14 AM To: Gardner, Jeffery D <[email protected]> Subject: Administrative Conferences Howdy Col. Gardner, I am in the process of scheduling the administrative conferences for the cadets. Would you be available on Monday, and Tuesday, ? Since there are cadets, I’ve scheduled two separate conferences. If you are unavailable during those days/times, please provide me your availability for next Monday through Wednesday.

- 229 - From: Gardner, Jeffery D To: Doughty, Jeanae Subject: RE: Administrative Conferences Date: Thursday, February 23, 2023 10:48:22 AM

Very well. I knew I had not seen charge letters for this. Makes sense now.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Doughty, Jeanae <[email protected]> Sent: Thursday, February 23, 2023 10:43 AM To: Gardner, Jeffery D <[email protected]> Subject: RE: Administrative Conferences Okay perfect! I’ll get those letters sent out now. To clarify, the cadets are still going before a panel starting The administrative conferences are for the that had lesser alleged unrelated hazing/alcohol violations. Also, the cadet on has charges.

From: Gardner, Jeffery D <[email protected]> Sent: Thursday, February 23, 2023 10:37 AM To: Doughty, Jeanae <[email protected]> Subject: RE: Administrative Conferences Morning Ma’am, I can be available at those times. Quick question, I thought they were all going before a panel starting on . Has there been a change?

V/R

- 230 - Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Doughty, Jeanae <[email protected]> Sent: Thursday, February 23, 2023 10:14 AM To: Gardner, Jeffery D <[email protected]> Subject: Administrative Conferences Howdy Col. Gardner, I am in the process of scheduling the administrative conferences for the cadets. Would you be available on Monday, and Tuesday, Since there are cadets, I’ve scheduled two separate conferences. If you are unavailable during those days/times, please provide me your availability for next Monday through Wednesday.

- 231 - From: Doughty, Jeanae To: Gardner, Jeffery D Subject: RE: Administrative Conferences Date: Thursday, February 23, 2023 1:42:00 PM

Looks like it was just a system glitch. I have retracted the second letter.

From: Gardner, Jeffery D <[email protected]> Sent: Thursday, February 23, 2023 12:59 PM To: Doughty, Jeanae <[email protected]> Subject: RE: Administrative Conferences I received letters on cadets but received two letter for V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Doughty, Jeanae <[email protected]> Sent: Thursday, February 23, 2023 10:14 AM To: Gardner, Jeffery D <[email protected]> Subject: Administrative Conferences Howdy Col. Gardner, I am in the process of scheduling the administrative conferences for the cadets. Would you be available on Monday, and Tuesday, Since there are cadets, I’ve scheduled two separate conferences. If you are unavailable during those days/times, please provide me your availability for next Monday through Wednesday.

- 232 - From: Doughty, Jeanae To: Gardner, Jeffery D Subject: Re: Administrative Conferences Date: Thursday, February 23, 2023 1:47:40 PM

Yes, and just a heads up, of the cadets just called to request a separate administrative conference on Monday. Are you available at 8:30 am or 11:00 am?

From: Gardner, Jeffery D <[email protected]> Sent: Thursday, February 23, 2023 1:43 PM To: Doughty, Jeanae <[email protected]> Subject: RE: Administrative Conferences Very well. So there are only ?

- 233 - V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Doughty, Jeanae <[email protected]> Sent: Thursday, February 23, 2023 10:14 AM To: Gardner, Jeffery D <jeff [email protected]> Subject: Administrative Conferences Howdy Col. Gardner, I am in the process of scheduling the administrative conferences for the cadets. Would you be available on Monday, and Tuesday, ? Since there are cadets, I’ve scheduled two separate conferences. If you are unavailable during those days/times, please provide me your availability for next Monday through Wednesday.

- 234 - From: Gardner, Jeffery D To: Doughty, Jeanae Subject: RE: Administrative Conferences Date: Thursday, February 23, 2023 1:48:50 PM

I am available at both times.

Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Doughty, Jeanae <[email protected]> Sent: Thursday, February 23, 2023 1:48 PM To: Gardner, Jeffery D <[email protected]> Subject: Re: Administrative Conferences Yes, and just a heads up, of the cadets just called to request a separate administrative conference on Monday. Are you available at 8:30 am or 11:00 am?

From: Gardner, Jeffery D <[email protected]> Sent: Thursday, February 23, 2023 1:43 PM To: Doughty, Jeanae <[email protected]> Subject: RE: Administrative Conferences Very well. So there are only ?

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Doughty, Jeanae <[email protected]>

- 235 - Sent: Thursday, February 23, 2023 1:43 PM To: Gardner, Jeffery D <[email protected]> Subject: RE: Administrative Conferences Looks like it was just a system glitch. I have retracted the second letter.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Doughty, Jeanae <[email protected]> Sent: Thursday, February 23, 2023 10:14 AM To: Gardner, Jeffery D <jeff [email protected]> Subject: Administrative Conferences Howdy Col. Gardner, I am in the process of scheduling the administrative conferences for the cadets. Would you be available on Monday, and Tuesday, ? Since there are cadets, I’ve scheduled two separate conferences. If you are unavailable during those days/times, please provide me your availability for next Monday through Wednesday.

All the Best, Jeanae Doughty |she/her/hers| Assistant Coordinator

- 237 - From: Doughty, Jeanae To: Gardner, Jeffery D Subject: Options Letter Date: Monday, February 27, 2023 12:02:00 PM

Howdy Col. Gardner, I am creating the options letter for for his abuse of process charge/unbecoming a cadet (for abusing the process) and wanted to run the sanctions by you before sending. I was thinking about assigning him Conduct Review/Corps Conduct Review for the remainder of the as well as an that will be due at the end of April. Thoughts?

- 238 - From: Gardner, Jeffery D To: Doughty, Jeanae Subject: RE: Options Letter Date: Monday, February 27, 2023 12:04:13 PM

Thank you very much. That works for me.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Doughty, Jeanae <[email protected]> Sent: Monday, February 27, 2023 12:02 PM To: Gardner, Jeffery D <[email protected]> Subject: Options Letter Howdy Col. Gardner, I am creating the options letter for for his abuse of process charge/unbecoming a cadet (for abusing the process) and wanted to run the sanctions by you before sending. I was thinking about assigning him Conduct Review/Corps Conduct Review for the remainder of the as well as an that will be due at the end of April. Thoughts?

- 239 - From: Upshaw-Brown, Jaclyn B To: Freeman Jr, Cedric L; Alvarado, Blair; Gardner, Jeffery D Cc: Spangler, Rebecca; Doughty, Jeanae Subject: Panel information for March 6-10 Date: Tuesday, February 21, 2023 9:13:10 AM

Howdy, panel members, Thank you SO MUCH for volunteering for the large panel scheduled for March 6-10! I’ll be your Panel Chair. Rebecca, I’m sharing this information with you so that you’ll have it in the event we need to bring you in. If that’s the case, we will let you know as soon as we find out!

I do want to note that we are planning to feed you throughout the week; if you have any special dietary needs (or just ideas of what you’d like to eat!), please let me know.

Given the length of the investigation report, I am giving you access to the file documents via Filex a little earlier than we usually would. You will need to enter the access codes below to decrypt the files.

Some reminders about reviewing the file electronically: Please take steps to maintain confidentiality while reviewing the files and do not save them to your devices. We also ask that you delete the files from your downloads once you are finished. Finally, please refrain from seeking out information about the individuals or incidents involved other than what is provided in the file documents.

Filex access codes Combined charge letters: Investigation report: Recording 1: Recording 2: If you have any questions or concerns, please let us know.

Thank you, Jaclyn

- 240 - From: [email protected] To: Doughty, Jeanae Subject: Filex - You have access to the folder March 6-10 panel documents Date: Tuesday, February 21, 2023 9:13:10 AM

The folder, March 6-10 panel documents, is now available for you to use:

You can upload and download files in this folder.

This folder currently has the following files: Recording 2 Recording 2.m4a Recording 1 Recording 1.mp3 Investigation report Investigation Report - FINAL_Redacted.pdf Combined charge letters Compiled charge letters.pdf

- 241 - From: [email protected] To: Doughty, Jeanae Subject: Filex - A new file is available for you to download Date: Thursday, March 2, 2023 10:14:07 AM

The encrypted file, Screenshots submitted by is now available for you to download.

To read this file you will need the passcode. Contact the person who sent the file to request the passcode. To download the file, visit the address below:

File Details: Screenshots submitted by Screenshots submitted by .pdf 1.85MB This file is in the folder, March 6-10 panel documents. You can upload and download files in this folder.

- 242 - From: [email protected] To: Doughty, Jeanae Subject: Filex - A new file is available for you to download Date: Thursday, March 2, 2023 10:17:26 AM

The encrypted file, log submitted by is now available for you to download.

To read this file you will need the passcode. Contact the person who sent the file to request the passcode. To download the file, visit the address below:

File Details: EST log submitted by 2nd Reg EST Log - , 9_47PM.xlsx 123.52KB This file is in the folder, March 6-10 panel documents. You can upload and download files in this folder.

- 243 - From: Upshaw-Brown, Jaclyn B To: Alvarado, Blair; Freeman Jr, Cedric L; Gardner, Jeffery D Cc: Spangler, Rebecca; Doughty, Jeanae Subject: Documents added to file Date: Thursday, March 2, 2023 10:21:36 AM

Morning, all, I have received some additional documents from one of the students for next week’s panel. Their submission deadline is today at 5 pm, so if anything else comes in I will get it added to the Filex tomorrow and send you the codes.

Access codes: Screenshots submitted by : log submitted by : It looks like the Filex links have expired for the other files; let me know if you didn’t have a chance to view them before that happened, and I’ll re-add them.

Just as an FYI, we are planning to order breakfast for y’all on Monday and Tuesday, since we’re asking you to join us so bright and early. We’ll provide lunch as well. Reminder to let me know if there are any dietary needs!

Thank you!

- 244 - From: [email protected] To: Doughty, Jeanae Subject: Filex - A new file is available for you to download Date: Friday, March 3, 2023 10:16:02 AM

The encrypted file, Compiled documents submitted 3.2 is now available for you to download.

To read this file you will need the passcode. Contact the person who sent the file to request the passcode. To download the file, visit the address below:

File Details: Compiled documents submitted 3.2 Compiled documents submitted 3.2.pdf 19.60MB This file is in the folder, March 6-10 panel documents. You can upload and download files in this folder.

- 245 - From: Upshaw-Brown, Jaclyn B To: Alvarado, Blair; Freeman Jr, Cedric L; Gardner, Jeffery D Cc: Spangler, Rebecca; Doughty, Jeanae Subject: RE: Documents added to file Date: Friday, March 3, 2023 10:20:10 AM

Hi again, everyone, I’m writing with one more access code for documents for fact-finding that were submitted by the deadline. You should have just received a Filex link, but let me know if not.

Access code: This document includes several written statements from the charged students, a few witness statements pertaining to the alleged hazing of the and a larger set of text messages discussing the planning of the incident. If you have time to take a look at it before Monday, that’s great. If not, don’t stress about it; you should have a bit of time at the beginning of the day to review while we get the students settled, help them complete paperwork, etc. Thank you!!!

From: Upshaw-Brown, Jaclyn B Sent: Thursday, March 2, 2023 10:22 AM To: Alvarado, Blair <[email protected]>; Freeman Jr, Cedric L <[email protected]>; Gardner, Jeffery D <[email protected]> Cc: Spangler, Rebecca <[email protected]>; Doughty, Jeanae <[email protected]> Subject: Documents added to file Morning, all, I have received some additional documents from one of the students for next week’s panel. Their submission deadline is today at 5 pm, so if anything else comes in I will get it added to the Filex tomorrow and send you the codes.

Access codes: Screenshots submitted by :

- 246 - It looks like the Filex links have expired for the other files; let me know if you didn’t have a chance to view them before that happened, and I’ll re-add them.

Thank you!

- 247 - - 248 - From: Doughty, Jeanae To: Gardner, Jeffery D Subject: Case Date: Tuesday, October 10, 2023 9:47:00 AM

Howdy Col. Gardner, I’ve been assigned the case and wanted to reach out and touch base with you regarding your availability. There are students, which will require multiple meetings. Also, please let me know if you have any questions.

- 249 - From: Gardner, Jeffery D To: Doughty, Jeanae Subject: RE: Case Date: Tuesday, October 10, 2023 9:54:43 AM

Howdy Jeanae, Is this for the investigation or the administrative hearings?

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Accountability and Standards Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Doughty, Jeanae <[email protected]> Sent: Tuesday, October 10, 2023 9:48 AM To: Gardner, Jeffery D <[email protected]> Subject: Case Howdy Col. Gardner, I’ve been assigned the case and wanted to reach out and touch base with you regarding your availability. There are students, which will require multiple meetings. Also, please let me know if you have any questions.

- 250 - From: Doughty, Jeanae To: Gardner, Jeffery D Subject: RE: Case Date: Tuesday, October 10, 2023 10:03:00 AM

This is for the administrative conferences involving cadets.

From: Gardner, Jeffery D <[email protected]> Sent: Tuesday, October 10, 2023 9:55 AM To: Doughty, Jeanae <[email protected]> Subject: RE: Case Howdy Jeanae, Is this for the investigation or the administrative hearings?

All the Best,

- 252 - From: Gardner, Jeffery D To: Doughty, Jeanae Subject: RE: Case Date: Tuesday, October 10, 2023 2:29:32 PM

Howdy Ma’am, I have read through everything. Conduct unbecoming a cadet is the only thing I would really be able to charge them with.

V/R

- 253 - Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Accountability and Standards Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Doughty, Jeanae <[email protected]> Sent: Tuesday, October 10, 2023 9:48 AM To: Gardner, Jeffery D <[email protected]> Subject: Case Howdy Col. Gardner, I’ve been assigned the case and wanted to reach out and touch base with you regarding your availability. There are students, which will require multiple meetings. Also, please let me know if you have any questions.

- 254 - From: Doughty, Jeanae To: Gardner, Jeffery D Subject: RE: Case Date: Tuesday, October 10, 2023 2:33:00 PM

Howdy, Ok, thank you! Also, the only rule I could charge the upper for giving the direction is “hazing”, which doesn’t apply in this case, so I am leaving his charges as is. In looking at our calendars, I wanted to confirm that you are available during the following days/times: Monday, October 16th 9:30 am-11:00 am Monday, October 16th 2:00 pm-3:30 pm Wednesday, October 18th 9:30 am-11:00 am

From: Gardner, Jeffery D <[email protected]> Sent: Tuesday, October 10, 2023 2:30 PM To: Doughty, Jeanae <[email protected]> Subject: RE: Case Howdy Ma’am, I have read through everything. Conduct unbecoming a cadet is the only thing I would really be able to charge them with.

- 255 - ph: 979.847.7272 | [email protected] | sco.tamu.edu ------------------------ DIVISION OF STUDENT AFFAIRS | One Division. One Mission.

- 256 - From: Gardner, Jeffery D To: Doughty, Jeanae Subject: RE: Case Date: Tuesday, October 10, 2023 2:42:46 PM

Those times should work.

From: Doughty, Jeanae Sent: Tuesday, October 10, 2023 2:33 PM To: Gardner, Jeffery D <[email protected]> Subject: RE: Case Howdy, Ok, thank you! Also, the only rule I could charge the upper for giving the direction is “hazing”, which doesn’t apply in this case, so I am leaving his charges as is. In looking at our calendars, I wanted to confirm that you are available during the following days/times: Monday, October 16th 9:30 am-11:00 am Monday, October 16th 2:00 pm-3:30 pm Wednesday, October 18th 9:30 am-11:00 am

From: Gardner, Jeffery D <[email protected]> Sent: Tuesday, October 10, 2023 2:30 PM To: Doughty, Jeanae <[email protected]> Subject: RE: Case Howdy Ma’am,

- 257 - I have read through everything. Conduct unbecoming a cadet is the only thing I would really be able to charge them with.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Accountability and Standards Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Doughty, Jeanae <[email protected]> - 258 - Sent: Tuesday, October 10, 2023 9:48 AM To: Gardner, Jeffery D <[email protected]> Subject: Case Howdy Col. Gardner, I’ve been assigned the case and wanted to reach out and touch base with you regarding your availability. There are students, which will require multiple meetings. Also, please let me know if you have any questions.

- 259 - From: Bell Jr, Douglas To: Doughty, Jeanae Subject: Investigation Assigned Date: Friday, October 20, 2023 10:23:40 AM Attachments: Investigation Report.pdf

Please see attached investigation report assigned to you. Please let me know if you have any questions.

- 260 - From: Bell Jr, Douglas To: Doughty, Jeanae Subject: Investigation Assigned Date: Friday, October 20, 2023 10:23:40 AM Attachments: Investigation Report.pdf

Please see attached investigation report assigned to you. Please let me know if you have any questions.

- 261 - From: Doughty, Jeanae To: Gardner, Jeffery D Subject: Corps Admin Date: Wednesday, October 25, 2023 2:31:00 PM Attachments: Investigation Report.pdf

Howdy Col. Gardner, I’ve been assigned the investigation. I am attaching the investigation report for your reference. Please let me know if/when you are available to chat.

- 262 - From: Doughty, Jeanae To: Gardner, Jeffery D Subject: RE: Corps Admin Date: Thursday, October 26, 2023 8:37:00 AM

Sounds good! I can walk over at 10:15 am.

From: Gardner, Jeffery D <[email protected]> Sent: Thursday, October 26, 2023 7:17 AM To: Doughty, Jeanae <[email protected]> Subject: RE: Corps Admin Morning Ma’am, I have some time tomorrow after 1000.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Accountability and Standards Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Doughty, Jeanae <[email protected]> Sent: Wednesday, October 25, 2023 2:32 PM To: Gardner, Jeffery D <[email protected]> Subject: Corps Admin Howdy Col. Gardner, I’ve been assigned the investigation. I am attaching the investigation report for your reference. Please let me know if/when you are available to chat.

All the Best, Jeanae Doughty |she/her/hers| Assistant Coordinator

- 264 - From: Doughty, Jeanae To: - Student Conduct Office - Student Employee Subject: FW: Investigation Assigned Date: Friday, October 27, 2023 9:45:00 AM Attachments: Investigation Report.pdf

Hey, can you redact this for us please?

From: Bell Jr, Douglas <[email protected]> Sent: Friday, October 20, 2023 10:24 AM To: Doughty, Jeanae <[email protected]> Subject: Investigation Assigned Please see attached investigation report assigned to you. Please let me know if you have any questions.

- 265 - From: - Student Conduct Office - Student Employee To: Doughty, Jeanae Subject: RE: Investigation Assigned Date: Friday, October 27, 2023 10:10:56 AM Attachments: Investigation Report Redacted.pdf

All done.

From: Doughty, Jeanae <[email protected]> Sent: Friday, October 27, 2023 9:46 AM To: - Student Conduct Office - Student Employee Subject: FW: Investigation Assigned Hey, can you redact this for us please?

- 266 - Jeanae Doughty EMAIL:

EDUCATION 2021 Master of Organizational Leadership (awarded May 7, 2021) Trevecca Nazarene University – Nashville, TN 2013 Bachelor of Liberal Studies (awarded May 12, 2013) The University of Memphis – Memphis, TN Major: Interdisciplinary Studies PROFESSIONAL EXPERIENCE 2021 – Present Associate Coordinator, Student Conduct Office Texas A&M University – College Station, TX • Assist in the resolution of student conduct cases and other office initiatives, services, and projects. • Supervise the Graduate Assistant. • Administer the student conduct code. • Serve as an investigator. • Assist with office assessment. • Assisting with and coordinating office presentations and trainings. • Review reports for potential violations of the Student Conduct Code. • Meet with students, witnesses, advisors, and other supporters to resolve cases. • Engage in individual developmental and/or educational conversations with students. • Appropriately refer to university and community resources and services. • Assign appropriate educational sanctions. • Serve as panel chair or student conduct administrator as needed. • Design, implement, and evaluate presentations and workshops to students, faculty, and staff in alignment with office mission. • Stay current on trends in student conduct and new legislation, state laws, federal requirements, and national standards relating to student conduct. • Work with supervisor to create and maintain professional development plan, this may include utilizing campus trainings and/or attending professional conferences directly affiliated with job responsibilities. • Assist in maintaining positive working relationships with office stakeholders, providing information when appropriate, responding promptly to appropriate requests for assistance, and maintaining a professional demeanor.

- 267 - • Serve as representative on Department, Division and University committees and task forces, at events, and to department stakeholders as assigned. • Attend and actively engage in Department and Division meetings, trainings, and functions. Other duties as assigned.

2019 – 2021 Administrative Assistant to the Dean of Student Services & Enrollment Management Mississippi Gulf Coast Community College, Harrison County Campus – Gulfport, MS • Assist Dean in daily planning and implementation of Student Services functions. • Take minutes at all meetings assigned by the Dean. • Produce letters, reports, and minutes from rough drafts utilizing word processing skills. • Compose routine correspondence. • Handle telephone calls in an effective manner. • Maintain an accurate and complete filing system. • Compile and maintain data for reports. • Arrange for college vehicles, transportation, reservations, and lodging requirements. • Order all departmental printing from District Printing. • Handle the purchasing of supplies, etc. for the department. • Complete hiring packages for personnel hired. • Maintain employee personnel files for all Student Services personnel. • Maintain timecards for all Student Services personnel and input leave in Banner during specific payroll dates. • Prepare special contracts and/or contract addendums when required. • Monitor, process, and reconcile expenditures and revenues. • Prepare specifications for quotes and bid tabulations. • Prepare monthly procurement card statements. • Process check requests, purchase orders, and travel vouchers. • Verify and maintain departmental budgets for accuracy. • Maintain inventory for major and minor equipment for the department and stay up to date on inventory procedures. • Schedule, coordinate, and assist Dean of Student Services with all aspects of conduct hearings. • Supervise and/or participate in student activities as assigned by administrative staff. • Supervise student workers and, when assigned, office personnel in lower levels. • Schedule meetings and coordinate arrangements for refreshments, meals, audiovisual, and other requirements. • Handle the reservations for rooms under Student Services responsibility. • Coordinate the Awards Day Program held at the end of the spring semester.

- 268 - • Coordinate nominations and selection of the Citizenship Award, Campus Hall of Fame, and Who’s Who Among Mississippi Gulf Coast Community College programs. • Participate in the planning and execution of all Student Services functions (orientation, registration, graduation, Bulldog Day, etc.). • Maintain an effective relationship with college personnel, students and the community. • Upgrade skill level and performance through employee development. • Demonstrate exceptional adherence to work schedules and policies as exemplary performance for co‐workers and subordinates. • Perform other duties as assigned by the Dean of Student Services and Campus Vice President. • Nominated and selected as 1st Quarter “In the Blue” Employee for the Harrison County Campus in March 2021.

2017– 2019 Teller BancorpSouth – Biloxi, MS • Provided basic cash receipt and payment services in accordance with policies and procedures. • Offered prompt and efficient customer transactions. • Cashed checks and processing withdrawals. • Balanced cash drawer daily. • Completed balanced, weekly reports. • Maintained confidentiality of bank records and customer information. • Processed orders for tellers from the vault. • Prepared incoming and outgoing monetary shipments.

PROFESSIONAL AFFILIATIONS & AWARDS Association for Student Conduct Administrators (ASCA), 2021-Present MGCCC “In the Blue” Staff Award, 3rd Quarter - 2021 Delta Sigma Theta Sorority, Incorporated, 2011-Present

- 269 - 10:22 AM View Submitted Application: TAMU Career 04/08/2024 Site: Assistant Coordinator-Student Conduct Page 1 of 3 Office

Contact Information Recruiters can reach out to you about this application using the public contact information from your worker profile below.

Email [email protected] (Work) [email protected] (Work) Phone Number Experience If you can't find the Company Name, check this box and enter it manually Yes Company Name Mississippi Gulf Coast Community College, Harrison County Campus Title Administrative Assistant to the Dean of Student Services & Enrollment Management Location Gulfport, MS Start Date Currently Work Here Yes Responsibilities and ·Assist Dean in daily planning and implementation of Student Services functions.

Achievements · Take minutes at all meetings assigned by the Dean. · Produce letters, reports, and minutes from rough drafts utilizing word processing skills. · Compose routine correspondence. · Handle telephone calls in an effective manner. · Maintain an accurate and complete filing system. · Compile and maintain data for reports. · Arrange for college vehicles, transportation, reservations, and lodging requirements. · Order all departmental printing from District Printing. · Handle the purchasing of supplies, etc. for the department. · Complete hiring packages for personnel hired. · Maintain employee personnel files for all Student Services personnel. · Maintain time cards for all Student Services personnel and input leave in Banner during specific payroll dates. · Prepare special contracts and/or contract addendums when required. · Monitor, process, and reconcile expenditures and revenues. · Prepare specifications for quotes and bid tabulations. · Prepare monthly procurement card statements. · Process check requests, purchase orders, and travel vouchers. · Verify and maintain departmental budgets for accuracy. · Maintain inventory for major and minor equipment for the department and stay up to date on inventory procedures. · Schedule, coordinate, and assist Dean of Student Services with all aspects of conduct hearings. · Supervise and/or participate in student activities as assigned by administrative staff. · Supervise student workers and, when assigned, office personnel in lower levels. · Schedule meetings and coordinate arrangements for refreshments, meals, audiovisual, and other requirements. · Handle the reservations for rooms under Student Services responsibility. · Coordinate the Awards Day Program held at the end of the spring semester. · Coordinate nominations and selection of the Citizenship Award, Campus Hall of Fame, and Who’s Who Among Mississippi Gulf Coast Community College programs. · Participate in the planning and execution of all Student Services functions (orientation, registration, graduation, Bulldog Day, etc.). · Maintain an effective relationship with college personnel, students and the community. · Upgrade skill level and performance through employee development. · Demonstrate exceptional adherence to work schedules and policies as exemplary performance for co‐ workers and subordinates. · Perform other duties as assigned by the Dean of Student Services and Campus Vice President. · Nominated and selected as 1st Quarter “In the Blue” Employee for the Harrison County Campus in March 2021.

If you can't find the Company Name, check this box and enter it manually Yes Company Name Morton’s the Steakhouse Title Hostess/Food Runner

- 270 - 10:22 AM View Submitted Application: TAMU Career 04/08/2024 Site: Assistant Coordinator-Student Conduct Page 2 of 3 Office

Location Biloxi, MS Start Date End Date Responsibilities and · Greeted and seated all guests.

Achievements · Enhanced customer experiences by providing personalized service. · Maintained a positive rapport with colleagues and other patrons. · Retrieved and delivered guest entrees and sides. · Assisted bar staff with daily operations.

If you can't find the Company Name, check this box and enter it manually Yes Company Name BancorpSouth Title Teller Location Biloxi, MS Start Date End Date Responsibilities and · Provided basic cash receipt and payment services in accordance with policies and procedures.

Achievements · Offered prompt and efficient customer transactions. · Cashed checks and processing withdrawals. · Balanced cash drawer daily. · Completed balanced, weekly reports. · Maintained confidentiality of bank records and customer information. · Processed orders for tellers from the vault. · Prepared incoming and outgoing monetary shipments.

If you can't find the Company Name, check this box and enter it manually Yes Company Name Red Lobster, Inc. Title Service Professional Location D'Iberville, MS Start Date End Date Responsibilities and ·Greeted and seated all VIP Guests.

Achievements · Enhanced customer experiences by providing personalized service · Maintained a positive rapport with colleagues and other patrons. · Delivered food and drinks. · Managed financial transactions.

If you can't find the Company Name, check this box and enter it manually Yes Company Name Harrison County Courthouse Title Chancery Clerk Assistant Location Gulfport, MS Start Date End Date Responsibilities and ·Input data including deed records, liens records, and IRS revenue.

Achievements · Filed and archived records. · Organized and designed informational displays for individuals considering foreclosures.

Replace the Experience information in my profile with this information No Education

- 271 - 10:22 AM View Submitted Application: TAMU Career 04/08/2024 Site: Assistant Coordinator-Student Conduct Page 3 of 3 Office

Country United States of America School Trevecca Nazarene University Degree Masters Degree Received Field of Study First Year Attended 2019 Last Year Attended 2021 GPA

Country School Degree Bachelors Degree Received Field of Study Interdisciplinary Studies First Year Attended 2007 Last Year Attended 2013 GPA Replace the Education information in my profile with this information No Certifications none entered Language none entered Skills My experience related to Assistant Coordinator – Student Conduct Office includes: •10 plus years of administrative duties; •Efficient organizational skills, ensuring that all data is complete and accurate upon insertion; •Ability to work effectively with diverse populations; •Experience in purchasing and budget management; •Strong planning, execution, and project management skills; •Experience in coordinating student conduct hearings; •Ability to effectively resolve conflict; •Experience in advising and supervising undergraduate peers and student workers in various organizations; •Ability to develop and maintain effective working relationships with stakeholders and vendors.

Replace the Skills information in my profile with this information No Resume - JADoughty.doc File Name Resume - JADoughty.doc Content Type application/msword Updated By Upload Date 07/29/2021 09:07:55 AM Comment Cover Letter - TA&M - JDoughty.docx File Name Cover Letter - TA&M - JDoughty.docx Content Type application/vnd.openxmlformats-officedocument.wordprocessingml.document Updated By Upload Date 07/29/2021 09:27:46 AM Comment

- 272 - DIVISION OF STUDENT AFFAIRS STUDENT COMMUNITY STANDARDS

MEMORANDUM

DATE: January 30, 2024 TO: BG Joe E. Ramirez, Jr., USA (Ret.)

Vice President for Student Affairs THROUGH: Dr. Kristen Harrell Assistant Vice President for Student Affairs FROM: Dr. Douglas Bell Director, Student Community Standards SUBJECT: Case submitted a statement to the Corps of Cadets when she requested to transfer out of and into a different squadron. The statement that submitted included information concerning multiple incidents that have taken place within that led to request to transfer outfits. Some of the incidents that occurred include: • Requiring to stand on the wall for an extended amount of time (three hours with only one “shake it out” where they got to relax). Multiple submitted statements mentioning standing at 5 points of attention for “very long periods of time.” o Five points meant their heels, butt, both shoulder blades, and head had to be on the wall. o It was stated during the investigation that “only the had to stand like this.” • Requiring to make and break their racks repeatedly for over 40 minutes. Upperclassmen repeatedly gave the 3-5 minutes to make their racks. Some statements mentioned that they had to remake their Rack for 2 hours during FOW. • During FOW, was required to perform Uniform Drills where they were required to change from PT gear to bravos, then charlies, then bravos fully wired, back to PT gear in an unreasonable amount of time. • Making perform PT when sick or injured. • Calling the pathetic/weak/ and other names such as “wags.” • The were told there would be “hell to pay” if they did not win and capture the flag. Calling “fucking retards” after they lost a game of • Performing “ Jokes” during outfit meetings where a gets to tell a joke to an upperclassman to attempt to make an upperclassman laugh. Anyone who laughs has to “wipe it off,” which means sticking their hand out and counting to three and then smacking themselves in the forehead and wiping their smile off their face.

All the cadets within the outfit were charged with alleged violations of Student Rule 24 related to Hazing.

Also, all the were charged with having knowledge and failing to report due to the bolded portions of our Hazing rule:

Student Conduct Office Tel. 979.847.7272 Student Services Building, 3rd Floor, Suite 309 Fax 979.845.6136 1172 TAMU [email protected] College Station, TX 77843 - 273 - http://studentconduct.tamu.edu/ DIVISION OF STUDENT AFFAIRS STUDENT COMMUNITY STANDARDS

1. [24.4.5.] Hazing. Any act that endangers the mental or physical health or safety of a student, or that destroys or removes public or private property; and/or assisting, directing, or in any way causing others to participate in degrading behavior and/or behavior that causes ridicule, humiliation, or embarrassment for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization; or as part of any activity of a recognized student organization, student group, Corps of Cadets, Corps outfit, Corps unit, or Corps Special Activities. Previously relied upon “traditions” (including Corps, fraternity/sorority, or any other group or organization activity, practice or tradition), intent of such acts, or coercion by current or former members or student leaders of such groups, will not suffice as a justifiable reason for participation in such acts. It is not a defense that the person (or group) against whom the hazing was directed consented to, or acquiesced to, the behavior in question.

Examples of such behavior include but are not limited to: • Misuse of authority by virtue of one’s class rank or leadership position. • Striking another student by hand or with any instrument. • Any form of physical bondage of a student. • Taking of one or more students to an outlying area and dropping them off. • Causing a student to violate the law or a University rule such as indecent exposure, trespassing, violation of visitation, etc. • Any form of “quadding.” • Having firsthand knowledge of the planning of such activities or firsthand knowledge that an incident of this type has occurred and failing to report it to appropriate University officials (The Vice President for Student Affairs or designee responsible for oversight of the student conduct processes and/or the University Police Department) is also a violation under this section.

During the investigation, it was mentioned by the Corps Staff that the information that was provided was not a part of the legitimate military training program as defined and approved by the University. Due to the information provided during the investigation, it was requested that all the provide statements. The were not charged with Conduct Unbecoming of a Cadet. Cadet was transferred to Since she initially reported this information, she was not charged with violating the student rule. All the were offered the low-level options process, which did not include any Corps sanctions. If requested, we will hold administrative conferences and talk with the to gain additional perspective regarding the case and determine if the cadets were in violation of our hazing rule.

Douglas Bell, Ph.D.

Director of Student Community Standards

Student Conduct Office Tel. 979.847.7272 Student Services Building, 3rd Floor, Suite 309 Fax 979.845.6136 1172 TAMU [email protected] College Station, TX 77843 - 274 - http://studentconduct.tamu.edu/ - 275 - From: Michaelis, Patrick Ralph <[email protected]> Sent: Friday, October 20, 2023 8:06 AM To: Bell Jr, Douglas <[email protected]> Cc: Gardner, Jeffery D <jeff [email protected]> Subject: FW: incidents Doug – I read through these documents in detail this morning. I am bothered by the conduct of the in this outfit. The first document is the one that really stands out (request to transfer). Before I act here, I’d like your perspectives if there is any form of violation of university hazing standards here. patrick BG Patrick R. Michaelis ‘93, US Army (Ret.)

Commandant 1227 TAMU | College Station, TX 77843-1227 ph: 979.845.2811| ------------------------ Corps of Cadets | Texas A&M University

From: Anderson, Chauncy Jovan <[email protected]> Sent: Wednesday, October 18, 2023 6:47 AM To: Michaelis, Patrick Ralph <[email protected]> Cc: Fleming, John D <[email protected]>; Gardner, Jeffery D <jeff [email protected]> Subject: incidents Good Morning Sir, I finally received the additional info last night regarding Cadet Below is the original email from last month but I’ve also attached the additional document that I received last night as well. She stated also having an audio file that she sent her mother the night that it happened. She’s working on getting that to me. If you have any questions please let me know.

From: Sent: Tuesday, September 26, 2023 7:45 PM To: Anderson, Chauncy Jovan <[email protected]> Subject: Meeting 09/28 Good evening Master Sergeant Anderson, My name is . I'm a cadet in and a recent transfer from I was in the same outfit as when she was in the Corps of Cadets. My time in , though brief, has been incredibly different than my time - 276 - spent in . If you're available this Thursday, and I would love to meet with you and discuss our experiences and perhaps receive some advice to navigate our new circumstances.

I truly believe that transferring to was the best choice for me, and I'm truly grateful to and for allowing me to find somewhere I am a better fit, however, I also believe that many of my buddies, including would have remained in the Corps of Cadets had they begun their time in a different outfit or made the transfer as I did. I do not say this lightly, and I truly think that discussing our experience would benefit our buddies who remain in .

I initially typed up a request to transfer outfits that I have attached to this email. As of today, I have also modified it to detail my experience within Thank you for your time, and please get back to me at your earliest convenience.

Best wishes,

- 277 - Bell Jr, Douglas From: Winking, Audrey J Sent: Friday, December 22, 2023 12:06 PM To: Bell Jr, Douglas Subject: investigation reports complete

Both the and Event reports have been completed and saved in the shared drive.

- 278 - Bell Jr, Douglas From: Bell Jr, Douglas Sent: Tuesday, January 30, 2024 2:35 PM To: Harrell, Kristen Subject: Memo for Gen. Ramirez Attachments: Case Memo - docx

Please see the a ached memo and let me know if you have any ques ons or feedback.

- 279 - Bell Jr, Douglas From: Harrell, Kristen Sent: Monday, January 29, 2024 11:00 AM To: Bell Jr, Douglas Subject: Need to follow up

We’ll need to chat about Kristen Harrell, PhD | She, her, hers | Assistant Vice President Oﬃce of the Vice President | Division of Student Aﬀairs | Texas A&M University 1257 TAMU | College Station, TX 77843-1257 ph: 979.845.4728 | [email protected] | ------------------------ DIVISION OF STUDENT AFFAIRS | One Division. One Mission.

- 280 - Bell Jr, Douglas From: Bell Jr, Douglas Sent: Monday, November 6, 2023 9:43 AM To: Rydl, Chareny L Cc: Reber, Thomas W; Harrell, Kristen Subject: RE: Cadet Suspension

To my knowledge, this individual was suspended from the Corps (only) by CMDT, pending the outcome of an inves�ga�on and adjudica�on process. We are s�ll inves�ga�ng Douglas Bell, Ph.D. | Interim Executive Director of Student Community Standards Student Conduct Office | Division of Student Affairs | Texas A&M University 1257 TAMU | College Station, TX 77843-1257 ph: 979.847.7272 | [email protected] | sco.tamu.edu ------------------------ DIVISION OF STUDENT AFFAIRS | One Division. One Mission.

From: Rydl, Chareny L <[email protected]> Sent: Monday, November 6, 2023 9:31 AM To: Bell Jr, Douglas <[email protected]> Cc: Reber, Thomas W <[email protected]>; Harrell, Kristen <[email protected]> Subject: FW: Cadet Suspension Well this is a ﬁrst. Not sure how if he is suspended from the Corps how they can allow him to move back. Not my area so if there is any follow up I will leave it up to you.

Chareny From: Wilson, Jeff C <jeff [email protected]> Sent: Monday, November 6, 2023 9:23 AM To: Rydl, Chareny L <[email protected]>; McCracken, Kyle R <kyle [email protected]>; Krenz, Michael D <[email protected]> Subject: FW: Cadet Suspension Interes�ng…that the OOC is allowing a cadet who has been suspended to remain (move back) to the Quad (in a Corps space) while this issue is being worked thru Student Conduct Thank you Jeﬀ Wilson ’84 | Associate Director Department of Residence Life | Division of Student Aﬀairs 1258 TAMU | College Station, TX 77843-1258 ph: 979.845.4744 | toll free 888.451.3896 |email: jeﬀ [email protected] ------------------------ TEXAS A&M UNIVERSITY | FEARLESS on Every Front

- 281 - From: Simpson, Meredith M <[email protected]> Sent: Friday, November 3, 2023 2:36 PM To: Barrera, Sylvia <sylvia [email protected]>; Scheffler, Ricky L <rick [email protected]>; Fleming, John D <[email protected]>; Meredith Jr, Billy <[email protected]>; Parker, Chad L <[email protected]> Cc: Schlather, Byron L <[email protected]>; Gardner, Jeffery D <jeff [email protected]>; Wilson, Jeff C <jeff [email protected]> Subject: RE: Cadet Suspension All, The CMDT learned this afternoon via parent concern that is living in a study carrell in . That was not his intended result of the suspension and subsequent move, and he assured the family that the OOC would take action to remedy the situation.

Rick identi ied a space in that is vacant. will connect with Corps Housing on Monday morning to initiate the next iteration of the move. Rick is standing by with access/keys/ and the student was noti ied of the availability of the space/next steps.

Chad, can you please let the CO know to expect to see the student in the hallway on Monday mid-day?

Rick, once the move is complete can you cancel access to his current facility in ?

Thanks, mms Meredith Simpson Oﬃce of the Commandant | Corps of Cadets 1227 TAMU | College Station, TX 77843-1227 ph: 979.845.2811 | [email protected] Academic Questions: [email protected] Corps Virtual Oﬃce: tx.ag/corpsacademics ------------------------ TEXAS A&M UNIVERSITY

From: Wilson, Jeff C <jeff [email protected]> Sent: Friday, October 20, 2023 1:07 PM To: Fleming, John D <[email protected]>; Barrera, Sylvia <sylvia [email protected]> Cc: Simpson, Meredith M <[email protected]>; Schlather, Byron L <[email protected]>; Scheffler, Ricky L <rick [email protected]>; Gardner, Jeffery D <jeff [email protected]> Subject: RE: Cadet Suspension All – We have a temporary space held for this student in . We have no�ﬁed that this student could move today (a�er 5 pm).

Sylvia & Rick – Alexis sent you a note on this via Teams as well Thank you

From: Fleming, John D <[email protected]> Sent: Friday, October 20, 2023 1:04 PM To: Barrera, Sylvia <sylvia [email protected]> Cc: Simpson, Meredith M <[email protected]>; Wilson, Jeff C <jeff [email protected]>; Schlather, Byron L <[email protected]>; Scheffler, Ricky L <rick [email protected]>; Gardner, Jeffery D <jeff [email protected]> Subject: Cadet Suspension Howdy Sylvia, I will cc you on an email to a cadet shortly but wanted to ﬁrst explain what is going on.

SCO has ini�ated and inves�ga�on into poten�al viola�ons of student rules in Based on statements gathered so far a par�cular cadet has been iden�ﬁed as possibly be the main focus of the inves�ga�on. BG Michaelis has decided to suspend that cadet from the Corps pending the results of the inves�ga�ons. This cadet will be instructed to move out of his Corps dorm living space Monday and into another space, preferably oﬀ the quad. This is similar to the situa�on involving a number of cadets .

I already called Jeﬀ Wilson and talked through this with him. Let me know if you have any ques�ons.

- 283 - Bell Jr, Douglas From: Michaelis, Patrick Ralph Sent: Friday, October 20, 2023 12:25 PM To: Bell Jr, Douglas Cc: Gardner, Jeffery D; Simpson, Meredith M Subject: RE: incidents

Doug. I’ve temporarily suspended from the Corps pending the results of the investigation. Thanks for your help here and looking forward to a quick turnaround. patrick BG Patrick R. Michaelis ‘93, US Army (Ret.)

Commandant 1227 TAMU | College Station, TX 77843-1227 ph: 979.845.2811| ------------------------ Corps of Cadets | Texas A&M University

From: Bell Jr, Douglas <[email protected]> Sent: Friday, October 20, 2023 9:42 AM To: Michaelis, Patrick Ralph <[email protected]> Cc: Gardner, Jeffery D <[email protected]> Subject: RE: incidents I am available to chat until noon.

From: Michaelis, Patrick Ralph <[email protected]> Sent: Friday, October 20, 2023 9:39 AM To: Bell Jr, Douglas <[email protected]> Cc: Gardner, Jeffery D <jeff [email protected]> Subject: Re: incidents Doug - before you move forward, need a quick chat. Are you available for a call this morning?

Patrick R. Michaelis Brigadier General, USA (ret) Commandant Texas A&M Corps of Cadets Sent from my iPhone

- 284 - On Oct 20, 2023, at 9:35 AM, Gardner, Jeffery D <jeff [email protected]> wrote:

Sir, That would be Jason Leible, [email protected] V/R Lt. Col Jeﬀ Gardner ‘82, USAF (Ret) Assistant Commandant for Accountability and Standards Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Bell Jr, Douglas <[email protected]> Sent: Friday, October 20, 2023 9:26 AM To: Michaelis, Patrick Ralph <[email protected]> Cc: Gardner, Jeffery D <jeff [email protected]> Subject: RE: incidents Howdy, I think there may be enough here to at least investigate. We can initiate our investigation into this situation. Lt. Col. Gardner, can you please provide a support staff name to serve as a Co-Invesitgator.

From: Michaelis, Patrick Ralph <[email protected]> Sent: Friday, October 20, 2023 8:06 AM To: Bell Jr, Douglas <[email protected]> Cc: Gardner, Jeffery D <jeff [email protected]> Subject: FW: incidents Doug – I read through these documents in detail this morning. I am bothered by the conduct of the in this outfit. The first document is the one that really stands out (request to transfer). Before I act here, I’d like your perspectives if there is any form of violation of university hazing standards here. patrick BG Patrick R. Michaelis ‘93, US Army (Ret.)

Commandant 1227 TAMU | College Station, TX 77843-1227 ph: 979.845.2811| ------------------------ Corps of Cadets | Texas A&M University

From: Anderson, Chauncy Jovan <[email protected]> Sent: Wednesday, October 18, 2023 6:47 AM - 285 - To: Michaelis, Patrick Ralph <[email protected]> Cc: Fleming, John D <[email protected]>; Gardner, Jeffery D <jeff [email protected]> Subject: incidents Good Morning Sir, I finally received the additional info last night regarding Cadet Below is the original email from last month but I’ve also attached the additional document that I received last night as well. She stated also having an audio file that she sent her mother the night that it happened. She’s working on getting that to me. If you have any questions please let me know.

From: Sent: Tuesday, September 26, 2023 7:45 PM To: Anderson, Chauncy Jovan <[email protected]> Subject: Meeting 09/28 Good evening Master Sergeant Anderson, My name is . I'm a cadet in and a recent from . I was in the same outfit as when she was in the Corps of Cadets. My time in , , has been incredibly different than my time spent in . If you're available this Thursday, and I would love to meet with you and discuss our experiences and perhaps receive some advice to navigate our new circumstances.

Best wishes,

- 286 - Bell Jr, Douglas From: Bell Jr, Douglas Sent: Friday, January 19, 2024 9:34 AM To: Latham, Skylar; Smith, Asia Subject: RE:

That is my thought.

From: Latham, Skylar <[email protected]> Sent: Friday, January 19, 2024 9:33 AM To: Bell Jr, Douglas <[email protected]>; Smith, Asia <[email protected]> Subject: RE: Should these be the students brought in for administra ve conferences?

From: Bell Jr, Douglas <[email protected]> Sent: Friday, January 19, 2024 9:28 AM To: Smith, Asia <[email protected]> Cc: Latham, Skylar <[email protected]> Subject: FW: Below are the names of the who assisted during .

From: Gardner, Jeffery D <jeff [email protected]> Sent: Friday, January 19, 2024 9:26 AM To: Bell Jr, Douglas <[email protected]> Subject: RE: Sir, - 287 - As requested.

Lt. Col Jeﬀ Gardner ‘82, USAF (Ret) Assistant Commandant for Accountability and Standards Military Advisor Parsons Mounted Cavalry 979‐458‐9317 From: Bell Jr, Douglas <[email protected]> Sent: Friday, January 19, 2024 9:04 AM To: Gardner, Jeffery D <[email protected]> Cc: Smith, Asia <[email protected]> Subject: Howdy Lt. Col. Gardner, We are reviewing the inves ga on report for , and I wanted to know if you had the list of the Members for who par cipated/assisted in . Thanks in advance.

- 288 - Request to Transfer Document Concerning Objective: Transfer to Reasons for Transfer: Compatibility with outfit culture, moral alignment, leadership methods, differing priorities.

To be more specific, promotes selfless leadership and actively engages in community service. The outfit is very academic-oriented. is currently in . The outfit promotes honor and hard work and heavily promotes discipline through physical training.

I was personally asked by my superiors to provide constructive criticism for the outfit. The leadership in the outfit is striving to change for the better. The following list details my personal experience and recommendations. These are my personal opinions, but I can honestly say that many are shared by my fellow cadets.

Unfortunately, we have lost so far, leaving in our buddy class; however, several would have been excellent cadets. I’m writing this because I don’t want to lose any more cadets who might punch if things don’t change.

My overall observation is that care very much about this outfit. There are a few issues I would like to address: Chain of command is ineffective: are not willing or able to answer questions or address concerns. Fire teams are inefficient and squad leaders are nonexistent. are the ones primarily disciplining us throughout and even now. For example, they are the ones who dictated training in .

They are intimidating figures who lead with negative reinforcement and degradation. This treatment has led some to punch * Although is in a position to lead by example, she has allowed to dictate training and often harsh discipline. For example, during , participated in rack drills for most days of often lasting more than two hours. We also had timed uniform drills, in which the had to change back and forth between various uniforms for inspection. It was often very intense and the pressure was excessive. The stood at attention on the wall for increasingly long periods of time past the point where the collapsed from leg cramps, or were shaking and in tears. You're considered weak if you're pushing yourself and your body doesn’t comply. Examples include cadets passing out during PT, cadets participating in PT even when excused with doctor's notes, and having a “spew line” for the amount of throwing up, and cadets being called “pathetic” and “weak” before collapsing. *I can provide specifics for why many quit and which factors were responsible, but it is not my place to type it out on this report.

- 289 - Communication is lacking: who were sick or injured were still expected to participate in PT even when excused by medical professionals. In my case, I was unable to attend classes for 3 days. I messaged my team leaders immediately, and received no specific instructions. I was told to still line up with my buddies for the first call even though I was unable to stand properly. My CO found me in the restroom and told me that in the future, I should go to my doors rather than just text them so that I would be accounted for. The next day, I was still unable to participate in PT or training activities, but was told to still line up with my buddies. I attended formation and all attempts made to make a statement and explain that I was dizzy and ill were met with harsh instructions and demands to shut up. We went back to our dorms and had our room inspection drills until breakfast. I stumbled through helping my buddies clean their holes while fighting nausea. We lined up on the wall, and I was yelled at for looking like I was falling asleep. I made a statement that I was dizzy and concerned about passing out before running to the restroom. When I finally did return to PT, I informed my that I was able to do calisthenics, but would likely throw up if I ran. I was still expected to run sprints until I was violently puking on the ground and hyperventilating.

Unfortunately, a fellow buddy of mine who was sick had a similar story. She was excused for several days by a doctor, but was told by the upperclassmen that she was still expected to attend PT. She is recovering from a injury, and still attempts to do strenuous physical activity to avoid getting yelled at.

Culture: The culture of this outfit is competitive and intense. There is no positive feedback and expectations are never clear. There is no transparency, and the are not treated respectfully.

Our outfit has had punch out. The are overwhelmed and often scared. The often confuse fear for respect and lead by intimidation instead of example. The are often told that if we get it together for once, we’ll get good bull. When we do get good bull, we aren’t allowed to smile or laugh, and we aren’t allowed to initiate anything considered fun. They tell us that they push us to make us better and that we’re lucky to have them. Our buddy class all encouraged each other to hold on until after because things would get better. Our then told us that they had weeded out all the weak ones, and it was only going to get harder.

There is no motivation or encouragement. We are belittled and called pathetic if we struggle to keep up. This outfit defines your worth in your PFT scores, and cadets are treated accordingly.

You will not be respected if you aren’t athletic. In fact, you will likely be the target of belittlement and degradation during PT times if you fall behind. There’s no accountability with leadership, and the do not know who to ask questions to. We were assigned our fire team leaders after three weeks and didn’t meet our until after two weeks of classes. Personally, I felt that my were not willing to answer my questions and often took a very long time to reply to messages if they replied at all.

Personal Experience: In my experience, I’ve had little to no issues with most of the . Many of them have been very supportive and inspiring figures to me. I have had little to no contact with most of the .

- 290 - was primarily run by . Those who were there were often intimidating and harsh disciplinarians. My personal opinion of is that he is degrading and unapproachable.

He would often say harsh things about us to other in the hallway. He’s angry most of the time and gives off the impression that he would be much happier of a person if he had never met any of us. When he does feel like joking around, he gets angry if we react positively. We often say that he loves good bull and hates other people’s joy. In the case of some cadets, his degradation often seemed personal. It is my understanding that are supposed to be inspiring and supportive figures. I felt neither of those things after being called “a bunch of f****ng retards” after losing a game of In fact, during field day we were told that don’t lose, and if we lost a game, we would go back to standing at attention on the wall for two hours.

We are often told that the are rooting for us and want to see us improve. I mentioned to that I felt that some were rooting for me to quit, and would celebrate if I left because they wouldn’t have to deal with me during PT anymore. He assured me that that wasn’t the case and that some people just take PT a lot more seriously than others and that I would get better. In the case of , the degradation has often felt personal to me. My buddies often say that outside of training times, he’s nice; however, he’s never spoken to me outside of harshly pointing out my mistakes or calling me pathetic. In fact, there was a time during in which there were several of us in the hallway rushing back to our holes hoping we wouldn’t have to greet. We were noisier than necessary, and saw us. I was the only one who got in trouble. He came to my door and told me that it was astounding how I couldn’t get the simplest things right, and how shockingly incompetent and pathetic I am. There were six of us in the hallway, and I was the only one who got in trouble. I went to a paired dinner with my mentor, a buddy of mine, and her mentor. I made a joke about how I was sure that hated me because I struggled during PT, and both confirmed that I was probably right.

I had no issues with until going to dinner with him, my mentor, and my buddy. That evening, I had previously told that I was considering transferring outfits. He asked me if he could tell so she could talk to me about it. I told him I would be happy to talk to her about it and that he definitely should tell her. I hadn’t yet told anyone other than and I was planning on speaking to my about it the following day, but for reasons regarding consolidation of rooms, I spoke up sooner than planned. That night, during the mentor dinner, began to ask me questions. He asked me if it was true that I was planning to transfer outfits. I told him yes, and my buddy with me was very upset. began to ask me why. I told him that I would be happy to have that conversation with him in another time and place, but I wasn’t comfortable talking about it at the moment. He continued pushing me multiple times, and I continued saying that I was uncomfortable. I felt like my privacy had been breached.

I am seriously concerned about the of one of my buddies. She’s had many breakdowns and reached out to the . She dreads PT for fear of degradation, and she is

- 291 - understanding but upset that I am leaving because we had previously hoped to be .

Her concerns are valid, and I worry about how she will cope if things continue how they are.

It is only fair to mention the positives in this outfit.

There are several people who have made my experience in the outfit a positive one. were both very kind and supportive to my buddies and I who were struggling. have both inspired me to work hard even when I’ve been upset, frustrated, or tired. especially has given me invaluable advice and motivation. During PT, the only person who was kind to me when I struggled was He fell out on runs with me, and instead of belittling me, he encouraged me to try my best and to keep pushing myself. He never made me feel bad, and I was always thankful to have him there with me. Similarly, helped me calm down when I hyperventilated, and didn’t make me feel bad about myself.

In conclusion, I strongly believe that there needs to be a culture change within this outfit. There needs to be accountability because the are struggling, and I would not be surprised if there were more punches. In an outfit where worth is defined by scores, “weak ” are degraded and belittled. We are never fully unlocked and the are always walking on eggshells and afraid of upsetting the . Ultimately, I am requesting immediate transfer to because I anticipate retaliation for my transfer request.

- 292 - Update as of 09/26/27 I have spent one full week in and I truly believe that I have made the right decision. There is an effective chain of command, and I was immediately placed in a fire team with strict, but helpful . My team leader is often hard on me, but in the best possible way. I can tell he cares and wants me to improve, and I only feel motivated to work harder and make him proud. Our leader is very approachable, though I haven’t yet needed to ask a question that far up the chain of command. Our are fantastic. They inspire and motivate us to improve.

I’ve experienced severe in the past during outfit physical training time. This morning, we had our session, and those feelings came flooding back. No one was upset with me. In fact, pulled me aside to collect myself. He told me it was good that I understood that what I was going through was and that I could work through it because if I couldn’t, I wouldn’t already be here. One of the told me that while they wanted me to push myself, overexertion was not the goal. Even the motivated me. No one called me weak or pathetic, they all just told me that they knew I had more to give, and I did. I completed an incredibly intense workout, and instead of feeling or dread for the day to come, I felt a sense of accomplishment. I did something difficult and scary, and I got through it. I was never put down or left behind, I was only supported and encouraged to get back up. The training environment is so different from what I was used to, I didn’t know how to react at first.

Now, I’m just so thankful that I’m here.

The culture here is different too. Everyone cares about each other and lifts each other up. You never give up on yourself, and you never give up on your buddies. I’m still finding my place within this outfit, but everyone has been so kind and welcoming, I have no doubt that this is where I’m meant to be. I know that there will always be hard days, but I also know that in I have people to lean on. My buddies are supporting me, my are pushing me, my are rooting for me, and my are inspiring me. Every day will be another step towards improvement, and someday, I’ll be able to inspire that growth in someone else.

- 293 - Bell Jr, Douglas From: Bell Jr, Douglas Sent: Wednesday, January 24, 2024 1:23 PM To: Smith, Asia Cc: Latham, Skylar Subject: RE: Tentative Charges

Move forward.

From: Smith, Asia <[email protected]> Sent: Wednesday, January 24, 2024 1:16 PM To: Bell Jr, Douglas <[email protected]> Cc: Latham, Skylar <[email protected]> Subject: RE: Tentative Charges Dr. Bell, A�er consulta�on with Col. Garner and heavy reﬂec�on, I believe Skylar is ready to move forward with charge leters.

Please let us know if you have any thoughts or concerns.

From: Bell Jr, Douglas <[email protected]> Sent: Friday, January 19, 2024 9:18 AM To: Smith, Asia <[email protected]> Cc: Latham, Skylar <[email protected]> Subject: RE: Tentative Charges A�er an addi�onal review, this makes sense. I would do an op�ons process for the and unnamed upperclassmen. I am atemp�ng to get the list from Gardner, so we know exactly who was present at .

Douglas Bell, Ph.D. | Director of Student Community Standards Student Conduct Office | Division of Student Affairs | Texas A&M University

- 294 - 1257 TAMU | College Station, TX 77843-1257 ph: 979.847.7272 | [email protected] | sco.tamu.edu ------------------------ DIVISION OF STUDENT AFFAIRS | One Division. One Mission.

From: Smith, Asia <[email protected]> Sent: Friday, January 19, 2024 9:15 AM To: Bell Jr, Douglas <[email protected]> Cc: Latham, Skylar <[email protected]> Subject: Tentative Charges Howdy Dr. Bell, I wanted to streamline the tenta�ve charges for you for review.

Failure to report Conduct Unbecoming

Failure to report Complicity Conduct Unbecoming a Cadet

Hazing Failure to report Complicity Conduct Unbecoming As men�oned some of the named upperclassmen were dishonest in their interview with the inves�gators and, as a result, will also receive “Abuse of the Conduct Process”.

- 295 - Bell Jr, Douglas From: Latham, Skylar Sent: Thursday, January 25, 2024 5:48 PM To: White, Lori J; Trevino, Nelda L.; Gonzalez Guerra, Bernardo; Crumrine, Calleigh; Koch, Aubrey - Student Conduct Office - Student Employee; Doughty, Jeanae; Caldwell III, Danny Wilson; Masroor, Wajiha - Graduate Assistant - Student Conduct Office; Taylor, Japheth J.

Cc: Smith, Asia; Bell Jr, Douglas Subject:

Howdy, Just ﬁnished ﬁnalizing Leters will auto send at 8:30 AM tomorrow morning. There is about students involved so we may want to make a tablet or two.

- 296 - Bell Jr, Douglas From: Smith, Asia Sent: Tuesday, January 9, 2024 4:44 PM To: Bell Jr, Douglas Subject: RE: Investigation Report

Skylar will be the SCA for this case.

From: Bell Jr, Douglas <[email protected]> Sent: Monday, January 8, 2024 2:32 PM To: Smith, Asia <[email protected]> Subject: Investigation Report Howdy, Please review the atached inves�ga�on report and let me know who you would like for me to forward this report to.

- 297 - Bell Jr, Douglas From: Bell Jr, Douglas Sent: Thursday, January 5, 2023 11:41 AM To: Upshaw-Brown, Jaclyn B Subject: FW: Report

I have put this report within your scans folder.

From: Winking, Audrey J <[email protected]> Sent: Friday, December 23, 2022 11:15 AM To: Bell Jr, Douglas <[email protected]> Subject: Report The Investigation Report is complete. The final report and the two audio recordings can be found here: \Investigations\Active Investigations\In Progress _

Have a great break!

- 298 - From: Bell Jr, Douglas To: Winking, Audrey J Subject: FW: Initial Report: Date: Friday, September 29, 2023 2:15:02 PM

From: Gardner, Jeffery D <[email protected]> Sent: Friday, September 29, 2023 11:26 AM To: Bell Jr, Douglas <[email protected]> Cc: Michaelis, Patrick Ralph <[email protected]>; Simpson, Meredith M <[email protected]> Subject: FW: Initial Report: Dr. Bell, I just received another incident report.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Accountability and Standards Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Sent: Friday, September 29, 2023 11:23 AM To: Gardner, Jeffery D <[email protected]>; Cc: Subject: Initial Report: Good afternoon, Lt Col Gardner and Cadet , Who: What: Stolen Property Where: In between When: 1300, Thurs Why: Cadet was returning from a mathematics lab class with a non-reg friend, during which

- 299 - one of his was taken. fraternity students (male) came up from behind him and took his spur by stepping on his heels and shoving him. Cadet tried to grab one of the frat students, but he got away with the .

The fraternity students were Both wore black tennis shoes, no glasses, one with a turquoise shirt other with a black shirt.

The reasoning for submitting this is to help create a trail of similar cases to hold the fraternities accountable.

-- Very Respectfully,

Texas A&M University Corps of Cadets | P: E:

- 300 - From: Bell Jr, Douglas To: Winking, Audrey J Subject: FW: Date: Friday, September 29, 2023 9:52:11 AM

Gardner is suppose to provide some statements. I am not sure who should be a co-investigator.

From: Harrell, Kristen <[email protected]> Sent: Thursday, September 28, 2023 8:14 PM To: Bell Jr, Douglas <[email protected]> Subject: FW:

Kristen Harrell, PhD | She, her, hers | Assistant Vice President Office of the Vice President | Division of Student Affairs | Texas A&M University 1257 TAMU | College Station, TX 77843-1257 ph: 979.845.4728 | [email protected] | ------------------------ DIVISION OF STUDENT AFFAIRS | One Division. One Mission.

From: Ramirez Jr, Joe E <[email protected]> Sent: Thursday, September 28, 2023 4:02 PM To: Hearst, Shante <[email protected]> Cc: Subject: RE: Good on all, Shante. Thanks.

I’d like a report on where we are on this incident next week. This is the kind of behavior that leads to physical altercations between our students – something that is never good for anyone.

Thanks again for the information.

BG Joe E. Ramirez, Jr United States Army (Retired) Vice President for Student Affairs Texas A&M University - 301 - From: Hearst, Shante <[email protected]> Sent: Thursday, September 28, 2023 12:07 PM To: Ramirez Jr, Joe E <[email protected]> Cc Subject: RE: General Ramirez, are recognized as a registered student organization but are not a member of any council. They operate and are viewed more like a because they are not affiliated with (where they would be housed if they were affiliated with a council).

I’m happy to provide additional clarification if this wasn’t helpful.

Shanté Hearst Fraternity & Sorority Life, Director Department of Student Activities, Assistant Director Texas A&M University 1236 TAMU | College Station, TX 77843-1236 ph: 979.862.5636 | [email protected] | studentactivities.tamu.edu ------------------------ DIVISION OF STUDENT AFFAIRS | One Division. One Mission.

From: Ramirez Jr, Joe E <[email protected]> Sent: Thursday, September 28, 2023 12:01 PM To: Hearst, Shante <[email protected]> Cc: Subject: Re: So the frat involved is NOT recognized by the university?? Is that what you’re telling me??

BG(R) Joe E. Ramirez, Jr Vice President for Student Affairs Texas A&M University Sent from my iPhone

On Sep 28, 2023, at 11:42 AM, Hearst, Shante <[email protected]> wrote:

Hello General Ramirez,

- 302 - has been in contact with , and shared that (outside of our office) is an identified group. It was addressed on Tuesday at the meeting and all chapters were warned to refrain from participating in this behavior. I will continue to keep everyone posted.

From: Ramirez Jr, Joe E <[email protected]> Sent: Thursday, September 28, 2023 11:30 AM To: Dobiyanski, Victoria E <[email protected]>; Brown, Josh <[email protected]>; Hearst, Shante <[email protected]> Cc: > Subject: Fwd: I’ve asked to send me everything he has on this incident, including any names he may have of those who did this, as well any specific fraternities who have been doing it. Once I get that information I want this investigated and dealt with immediately.

More to follow. Will forward the information once I get it.

BG(R) Joe E. Ramirez, Jr Vice President for Student Affairs Texas A&M University Sent from my iPhone Begin forwarded message: From: Date: September 28, 2023 at 11:22:09 AM CDT To: "Ramirez Jr, Joe E" <[email protected]> Cc: "Simpson, Meredith M" <[email protected]> Subject: Fwd: - I don’t know of a single instance where the Corps actively targets Greek life. This is embarrassing.

- 303 - Patrick R. Michaelis Brigadier General, USA (ret) Commandant Texas A&M Corps of Cadets Sent from my iPhone Begin forwarded message: From: "Simpson, Meredith M" <[email protected]> Date: September 28, 2023 at 10:51:50 AM CDT To: "Gardner, Jeffery D" <jeff [email protected]>, "Michaelis, Patrick Ralph" <[email protected]> Subject: RE:

Sir, Jeff and I talked this morning and I reached out to /Fraternity and Sorority Life to engage their leadership as well. The pledges are being ‘tasked’ with stealing spurs.

V/R, mms Meredith Simpson Office of the Commandant | Corps of Cadets 1227 TAMU | College Station, TX 77843-1227 ph: 979.458.2829 | [email protected] Corps Virtual Office: tx.ag/corpsacademics ------------------------ TEXAS A&M UNIVERSITY

From: Gardner, Jeffery D <jeff [email protected]> Sent: Thursday, September 28, 2023 10:27 AM To: Michaelis, Patrick Ralph <[email protected]> Cc: Simpson, Meredith M <[email protected]> Subject: Morning Sir, Wanted to update you on the situation.

So far this week there have been three known instances where frat pledges have either attempted to steal or have - 304 - stolen . I am obtaining statements from the and . I’m still trying to find the female in the wing who was surrounded by frat pledges and had her spurs stomped. We have the names of two of the frat pledges.

Once I have all the information consolidated, we will move forward to Student Conduct. I am available for questions.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317

- 305 - From: Bell Jr, Douglas To: Winking, Audrey J Subject: FW: Incident report Date: Friday, September 29, 2023 2:14:53 PM Attachments: Incident report.docx

From: Gardner, Jeffery D <[email protected]> Sent: Friday, September 29, 2023 10:55 AM To: Bell Jr, Douglas <[email protected]> Cc: Michaelis, Patrick Ralph <[email protected]>; Simpson, Meredith M <[email protected]> Subject: Incident report Good Morning Dr. Bell, Attached you will find individual incident reports from Corps . In each of these incidents, non-corps students attempted to take items from the cadets. We would appreciate the Student Conduct Office looking into these events and taking appropriate action. Please let me know if you have questions or if we can be of assistance.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Accountability and Standards Military Advisor Parsons Mounted Cavalry 979-458-9317

- 306 - Who: What: Stolen Property Where: Outside Southside Commons by Bike Racks When: 1230 Why: was walking with a non-reg friend of his and they were in the middle of a conversa�on on their way into the commons near the bike rack area. got ﬂat �red by two kids and one grabbed onto his backpack. spun around and was carrying a metal water botle in his hand so he used it and whacked one of the kids in the ribs but the other with the spurs got away and started running towards the parking lot near the greenhouses in front of the commons. A few other cadets saw what happened and ran to the parking lot. The kid who took the spurs went inside their getaway car and they surrounded the car so they couldn't move. A few minutes later he quickly ran out the side of the car and the cadets chased him around commons by dorm hall.

While this was happening a few cadets stayed behind to keep the car from leaving and the University Police Department arrived and surrounded their car. Then, the kid with the spurs ran inside . The kid then returned back to the car and a few minutes later he was forced to return the with the help of UPD. UPD asked if wanted to press charges but he declined.

Walking back from class by , frat guy on a bike drove by and grabbed bider oﬀ of Cadets head. No retalia�on from . Was reacquired by a�er the same guy tried to take his. in this occurrence lowered his shoulder, causing the frat to drop both biders and run oﬀ.

Incident report

In the early a�ernoon of my roommate and I, were ea�ng in the commons at the tables side by side Infront of the 4 vending machines across from the mail room. I then suddenly heard face paced footsteps behind me when a person took my oﬀ the table and proceeded to sprint away. Without hesita�on I sprinted a�er him running through the doors in the back of commons. In full uniform I was chasing this pledge through the commons and down the concrete steps in the back of commons. I then proceeded to subdue him from behind in the street in the back of commons.

He then was ge�ng up s�ll refusing to give up my property. I then secured his leg with my upper body. I also felt his leg rear back to kick me. I knew was not far behind. then proceeded to subdue him causing him to be on the ground again. He s�ll would not give up my property. A�er a few seconds of me and my roommate securing him on the ground he ﬁnally gave my property back. His get away truck then le� without him. He then walked into the commons. This was an organized event enacted by the pledges who were involved. Me and never used force that could have caused serious or fatal harm to this pledge even though we had the full ability to do so. We were simply reac�ng to someone who blatantly stole a valuable item from me with the inten�on of ge�ng that item back and not hur�ng the pledge.

- 307 - Incident Report In the early a�ernoon of my roommate and I were ea�ng a quick snack at the Commons at the tables in front of the vending machines across from the MailRoom when suddenly an individual while sprin�ng by our table reaches down and grabs something oﬀ of our table. Unsure exactly what was happening, I began to sprint a�er this individual alongside my roommate and a�er realizing exactly what was taken I turned back to grab the remainder of our property oﬀ of the table such as my phone and the rest of our . When sprin�ng back out of the door I heard the other people standing outside causing ruckus and a�er ge�ng to a posi�on where I could see I witnessed this individual standing over my roommate with a deminer of aggression while my roommate was hugging �ghtly onto one of his legs and holding his head against his thigh which made me realize he was con�nuing to escalate the situa�on. My immediate reac�on was to subdue the individual in order to deescalate the situa�on to insure the safety of everyone involved. Referring back to the numerous de escala�on training I have par�cipated in at the as a ” I did exactly what I was taught. A�er a quick scan of the surrounding terrain and analyzing the environment I realized that a takedown would be safe therefore I quickly got the individual onto the ground and stood with one leg in between his two legs bisec�ng the center of his body with my body turned at a 45 degree angle towards the center of the individual in the ready posi�on for anything that this individual might try to do. I stayed in this posi�on and did not allow him to get up un�l I felt the situa�on was completely deescalated and was comfortable with the a�tude this individual had due to the fact that I knew he was much bigger than myself and I was unsure of his mission and skillset. The individuals name is

On Monday, I was studying at the West Campus Dining facility on the 2nd ﬂoor. At approximately 1545, I had my on the table next to my laptop while I was working on a math assignment. All of a sudden, some kid snatched my spurs and took oﬀ running. I was taken by surprise but quickly got up and started chasing him. I ran down the stairs and chased him outside of the building.

I sprinted, slowly gaining on him un�l he ran through the door of the Heep Building. He then proceeded to run into a pole in the middle of a doorway where I was able to catch him. I quickly grabbed him with both arms and held him from ge�ng away. Then, a fellow cadet came to my aid and helped me pry the spurs from his hands. Even being captured by me, he did not want to give up the spurs as we had to forcefully take them from his hands. A�er I got my spurs back, I let him go without much confronta�on. I then ran back to get my stuﬀ from where I was studying before going to class. A�er class I learned that the kid that atempted to steal my spurs was in my same class but le� once he saw me enter. He also did not show up to class on Wednesday. I do not have much informa�on on him except that his name is

- 308 - - 309 - Please describe the incident with as much detail as possible and use specific, concise, objective language. Focus on the Who, What, When, Where, How, and Why of the incident. Indicate specific people, words, phrases, and interactions.

Please try use specific names instead of pronouns (he, she, they, etc.) when referring to people in the body of the report.

When possible, we encourage the use of direct quotes, even in incidents when the language may be profane or abusive.

For example, “Joe Aggie shook his fist at me and said ‘you are a stupid loser’” is more helpful than “Joe Aggie was threatening and used aggressive language with me.”

During my time in the unit, I witnessed some very hurtful and unproductive "leadership" among the upperclassmen. To give some specifics: A student who came from was talked about behind his back as if he was an outsider. One upperclassman specifically said, "When I get in trouble for hazing that , I will say I was protecting my country." A group of upperclassmen then laughed as if that was something funny to say. This same student continued to be given a hard time based on in the way they wanted him to.

He would be forced to stand in the hall constantly repeating the same phrase and if he did not get it right he would be sent back into his room, only to then come out 5 minutes later and deal with the same actions. Even being laughed at and shouted at while attempting to do things correctly.

The other do not have things any easier, the upperclassmen are constantly changing times around on them or calling the dumb and stupid. In one specific instance, the were told to have three jokes for their Sunday meeting and when the meeting came they were told every should have had three individual jokes, that the jokes they did have were horrible, that they were stupid for not coming up with anything in 8 hours. The are also struggling to get enough sleep because when a meeting is scheduled for just 1 hour it will end up taking 2. They do not feel they have enough time to accomplish their academic homework.

The final inconsistency comes with the being told to join groups outside of the corps, but then being told they are not allowed to miss too much formation. They then have to quit the groups they joined or pick between the few.

Overall the outfit is negatively impeeding the mental health and overall stability of this group of .

Supporting Documentation No additional documents were attached to this report.

Submitted By Your full name Position/title/student status Your email address Your phone number UIN [UNAUTHENTICATED] Routing Information Primary recipient: Dr. Douglas Bell (Interim Executive Director, Student Community Standards) Copied recipients: • [email protected] Text msg recipients: None Originating IP address: Submitted through IR layout #1 Processed by routing rule #167. Routed to Dr. Douglas Bell, Interim Executive Director, Student Community Standards.

Message sent by Maxient Replies will be sent to the submitter .

- 310 - Upshaw-Brown, Jaclyn B From: Upshaw-Brown, Jaclyn B Sent: Tuesday, January 31, 2023 1:40 PM To: Gardner, Jeffery D Subject:

Hi, Jeff, I’ve shared with you through Filex. Passcode is I’ll be the assigned SCA for this one. On first read, I’m seeing some concerns about unauthorized PT. . . there may not be a lot more than that, since the reporting party was contradicted by those whom he says were hazed on most of the incidents. I’ll finish reading more thoroughly this afternoon and keep you posted.

- 311 - Upshaw-Brown, Jaclyn B From: Bell Jr, Douglas Sent: Thursday, January 5, 2023 11:41 AM To: Upshaw-Brown, Jaclyn B Subject: FW: Report

I have put this report within your scans folder.

From: Winking, Audrey J <[email protected]> Sent: Friday, December 23, 2022 11:15 AM To: Bell Jr, Douglas <[email protected]> Subject: The Investigation Report is complete. The final report and the two audio recordings can be found here: \Investigations\Active Investigations\In Progress _

Have a great break!

- 312 - - 313 - - 314 - - 315 - - 316 - - 317 - Upshaw-Brown, Jaclyn B From: Upshaw-Brown, Jaclyn B Sent: Tuesday, January 24, 2023 5:31 PM To: Bell Jr, Douglas; Winking, Audrey J Subject: FW: Investigations

Thoughts on this???

From: Gardner, Jeffery D <[email protected]> Sent: Tuesday, January 24, 2023 4:27 PM To: Upshaw‐Brown, Jaclyn B <[email protected]> Subject: Re: Investigations Thank you. Is there any chance I could go ahead and get statements from the to help speed up the process?

V/R

On Jan 24, 2023, at 4:01 PM, Upshaw‐Brown, Jaclyn B <[email protected]> wrote:

Sure! I’ll Filex them to you. Please use the access codes below.

After reviewing , I would agree with Jamyia that there’s not enough here to support issuing charges. I do have some lingering questions about the references to conversations that the CTO had with the outfit early in the fall semester where was left with the impression that the CTO felt hazing was happening; do you know anything more about that?

Additionally, I wanted to give you an update regarding the timeline for the investigation. Audrey will be working on it with a representative from the Corps. We would expect interviews to start no earlier than late next week, as she is currently attending the ASCA conference and will be wrapping up a different report early next week.

Access codes:

Jaclyn

From: Gardner, Jeffery D <jeff [email protected]> Sent: Tuesday, January 24, 2023 11:33 AM To: Upshaw‐Brown, Jaclyn B <[email protected]> Subject: Investigations Good morning Ma’am, Just a quick question. Will I be able to review the investigation reports before they are charged out? I believe I can provide some insight and context.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979‐458‐9317

- 319 - - 320 - - 321 - Upshaw-Brown, Jaclyn B From: Bell Jr, Douglas Sent: Wednesday, March 1, 2023 10:32 AM To: Upshaw-Brown, Jaclyn B Subject: Fwd: OCJ Attachments: OCJ- .pdf

Sorry for the delay Douglas Bell Please excuse any typo, message sent from I‐Phone

Begin forwarded message: From: "Berry, Carrie M" <[email protected]> Date: February 22, 2023 at 4:27:37 PM CST To: "Bell Jr, Douglas" <[email protected]> Subject: RE: OCJ

Thanks, Carrie From: Bell Jr, Douglas <[email protected]> Sent: Wednesday, February 22, 2023 4:04 PM To: Berry, Carrie M <[email protected]> Subject: RE: OCJ Good Afternoon. Nothing is attached. You can just scan the memo.

From: Berry, Carrie M <[email protected]> Sent: Wednesday, February 22, 2023 3:57 PM To: Bell Jr, Douglas <[email protected]> Subject: OCJ Doug‐ Off campus incident for memo attached.

Do you want me to just scan the memo in the future or do you need the attachments as well?

Carri Carrie Berry | Sr. Administrative Coordinator Office of the Vice President for Student Affairs | Texas A&M University - 322 - 1256 TAMU | College Station, TX 77843-1256 ph: 979.845.4728 | [email protected] ------------------------ TEXAS A&M UNIVERSITY

- 323 - Upshaw-Brown, Jaclyn B From: Upshaw-Brown, Jaclyn B Sent: Friday, January 6, 2023 1:43 PM To: Winking, Audrey J; Barrett, Jamyia C; Doughty, Jeanae Cc: Bell Jr, Douglas Subject: Investigations

Hi, all!

After looking at the two bigger investigations that have recently come in, here is what I’m thinking in terms of assignments:  : Jeanae and Jaclyn to team up as SCAs.  Jamyia and Audrey to team up as SCAs o Note: We are still uncertain whether more information relevant to this org/investigation is forthcoming from the individual who contacted OFSL shortly before the break. I’ve checked in with CREI to see if they’ve heard from OFSL has provided contact information so I can follow up with if not. But I figured y’all could at least start reading, making your list of who might be charged and what type of process, drafting charges, etc. while we figure that out.

Each investigation came with some video/audio files; I’ve put those into the main ScansInvestigations folder for now.

Please let me know if you have any questions.

- 324 - Texas A&M University Campus Community Incident Report Submitted on January 15, 2023 at 8:35:47 pm CST Nature College Station Urgency Recognized Student Organization Incident Date and Time 8:00 PM Incident Location Reported by Name: Title: Email: Phone Address: [UNAUTHENTICATED] Involved Parties Organization

Incident Description Please describe the incident with as much detail as possible and use specific, concise, objective language. Focus on the Who, What, When, Where, How, and Why of the incident. Indicate specific people, words, phrases, and interactions.

Pending Submitted from and routed to Erica Moore (Administrative Coordinator, Department of Student Activities). Processed by routing rule #189.

Copies to: [email protected],[email protected]

- 325 - 1.

- 326 - Upshaw-Brown, Jaclyn B From: Upshaw-Brown, Jaclyn B Sent: Tuesday, February 21, 2023 11:32 AM To: Bell Jr, Douglas Subject: OCJ request Attachments: OCJ request.pdf

Hi, Doug, Please see the attached request for OCJ and let me know if you have any questions.

- 327 - - 328 - Upshaw-Brown, Jaclyn B From: Sent: Wednesday, January 18, 2023 12:46 PM To: Upshaw-Brown, Jaclyn B Subject: Re: FW: [Maxient] College Station - Off Campus 8:00 PM

Thank you. I appreciate your concerns, and for letting me know quickly.

On Tue, Jan 17, 2023 at 2:52 PM Upshaw‐Brown, Jaclyn B <[email protected]> wrote: Thank you, You may be hearing from our investigations team in the coming weeks; please be on the lookout for communication from them via email.

From: Sent: Tuesday, January 17, 2023 11:56 AM To: Upshaw‐Brown, Jaclyn B <[email protected]> Subject: Re: FW: [Maxient] College Station ‐ Off Campus 8:00 PM Howdy!

I became aware of this information when I asked why he had the wok in his room, and he explained the details I provided about the situation.

I know it occurred on Sunday night, at around 6:30pm.

I do not know any names of those who were subjected, all he explained was that they did this to all members.

Sincerely,

On Tue, Jan 17, 2023 at 11:17 AM Upshaw‐Brown, Jaclyn B <[email protected]> wrote: Howdy, Thank you for bringing this matter to the University’s attention.

So that we can determine an appropriate path forward in looking into this issue, I wondered if you could answer a few preliminary questions:  How did you become aware of this information?

- 329 - - 330 - - 331 - Upshaw-Brown, Jaclyn B From: Doughty, Jeanae Sent: Tuesday, January 17, 2023 8:20 AM To: Upshaw-Brown, Jaclyn B Subject: RE: Investigation Report

Oops! Sorry about that. Will do! Thanks!

From: Upshaw‐Brown, Jaclyn B <[email protected]> Sent: Tuesday, January 17, 2023 8:18 AM To: Doughty, Jeanae <[email protected]> Subject: RE: Investigation Report Hi, Jeanae, There’s no attachment here. Also, Dr. Bell should be the one to receive completed investigation reports!

From: Doughty, Jeanae <[email protected]> Sent: Friday, January 13, 2023 5:40 PM To: Upshaw‐Brown, Jaclyn B <[email protected]> Subject: Investigation Report Hey Jaclyn, I am attaching the Investigation Report for Please let me know if you have any questions. Have a great weekend All the Best, Jeanae Doughty |she/her/hers| Assistant Coordinator Student Conduct Office | Division of Student Affairs | Texas A&M University 1172 TAMU | College Station, TX 77843-1172 ph: 979.847.7272 | [email protected] | sco.tamu.edu ------------------------ DIVISION OF STUDENT AFFAIRS | One Division. One Mission.

- 332 - Upshaw-Brown, Jaclyn B From: Gardner, Jeffery D Sent: Wednesday, January 25, 2023 12:48 PM To: Upshaw-Brown, Jaclyn B Subject: Re: Investigations

Very well. Thank you.

On Jan 25, 2023, at 12:34 PM, Upshaw‐Brown, Jaclyn B <[email protected]> wrote:

If it were me, I would probably try something like: “There has been a report regarding an alleged hazing event that occurred around involving upperclassmen requiring to eat a large quantity of eggs. The Student Conduct Office will be investigating this allegation. In order to expedite and streamline that process, and in accordance with the expectation to report hazing within the Student Conduct Code, anyone who has information about this incident is asked to submit a written statement detailing their knowledge of what occurred.”

Of course, you are welcome to wordsmith so that it makes sense to you/them.

From: Gardner, Jeffery D <[email protected]> Sent: Wednesday, January 25, 2023 12:26 PM To: Upshaw‐Brown, Jaclyn B <[email protected]> Subject: RE: Investigations Very well. How would you recommend I ask?

Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979‐458‐9317 From: Upshaw‐Brown, Jaclyn B <[email protected]> Sent: Wednesday, January 25, 2023 12:23 PM To: Gardner, Jeffery D <jeff [email protected]> Subject: RE: Investigations If you want to request written statements from the students who may have additional information, that may help guide the investigation process. The framing of that request will be important, in that it truly needs to be a request and not a situation where we are seen as coercing or threatening students.

- 333 - From: Gardner, Jeffery D <jeff [email protected]> Sent: Tuesday, January 24, 2023 4:27 PM To: Upshaw‐Brown, Jaclyn B <[email protected]> Subject: Re: Investigations Thank you. Is there any chance I could go ahead and get statements from the to help speed up the process?

V/R On Jan 24, 2023, at 4:01 PM, Upshaw‐Brown, Jaclyn B <[email protected]> wrote:

Sure! I’ll Filex them to you. Please use the access codes below.

After reviewing I would agree with Jamyia that there’s not enough here to support issuing charges. I do have some lingering questions about the references to conversations that the CTO had with the outfit early in the semester where was left with the impression that the CTO felt hazing was happening; do you know anything more about that?

Access codes:

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979‐458‐9317

- 334 - Upshaw-Brown, Jaclyn B From: Upshaw-Brown, Jaclyn B Sent: Wednesday, January 25, 2023 4:50 PM To: Gardner, Jeffery D Cc: Bell Jr, Douglas Subject: Re: Investigations

Okay. Bases on what we have, there's not enough information to support issuing Student Conduct charges to a specific individual at this time; the specific actions discussed in the interviews that might have been chargeable could not be attributed to a particular person. Please let me know if you learn anything else that might change that decision.

From: Gardner, Jeffery D <[email protected]> Sent: Wednesday, January 25, 2023 4:44 PM To: Upshaw‐Brown, Jaclyn B <[email protected]> Subject: Re: Investigations I do not. However, leadership, CTO, the cadets in question and I are going to have a nice discussion.

V/R

On Jan 25, 2023, at 4:17 PM, Upshaw‐Brown, Jaclyn B <[email protected]> wrote:

Thank you! Did you have any additional context regarding the conversations referenced below?

From: Gardner, Jeffery D <[email protected]> Sent: Wednesday, January 25, 2023 2:58 PM To: Upshaw‐Brown, Jaclyn B <[email protected]> Subject: RE: Investigations Howdy Ma’am,

- 335 - I spent an enjoyable and educational afternoon reading the two reports you provided. I’m available to discuss should my input be needed.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979‐458‐9317 From: Upshaw‐Brown, Jaclyn B <[email protected]> Sent: Tuesday, January 24, 2023 4:02 PM To: Gardner, Jeffery D <jeff [email protected]> Subject: RE: Investigations Sure! I’ll Filex them to you. Please use the access codes below.

Access codes:

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979‐458‐9317

- 336 - Upshaw-Brown, Jaclyn B From: Gardner, Jeffery D Sent: Friday, April 28, 2023 11:48 AM To: Bell Jr, Douglas Cc: Upshaw-Brown, Jaclyn B; Winking, Audrey J; Anderson, Chauncy Jovan Subject: Re: [Maxient] College Station - On-Campus Grounds

Msg t Anderson is your man. He is copied on this email.

V/R

On Apr 28, 2023, at 9:36 AM, Bell Jr, Douglas <[email protected]> wrote:

Thank you for this information.

Lt.Col Gardner, can you assist in identifying a CTO to assist with this investigation. Thank you in advance.

We have confirmed that surveillance footage from is not likely to be available due to the amount of time that has passed.

Please let me know if you have any questions.

Thank you, Jaclyn Upshaw-Brown | Assistant Director Student Conduct Office | Division of Student Affairs | Texas A&M University 1172 TAMU | College Station, TX 77843-1172

- 337 - ph: 979.847.7272 |[email protected] |sco.tamu.edu

From: Bell Jr, Douglas <[email protected]> Sent: Wednesday, April 26, 2023 10:29 AM To: Upshaw‐Brown, Jaclyn B <[email protected]> Cc: Winking, Audrey J <audrey [email protected]> Subject: FW: [Maxient] College Station ‐ On‐Campus Grounds 2 FYI Douglas Bell, Ph.D. | Interim Executive Director of Student Community Standards Student Conduct Office | Division of Student Affairs | Texas A&M University 1257 TAMU | College Station, TX 77843-1257 ph: 979.847.7272 | [email protected] | sco.tamu.edu ------------------------ DIVISION OF STUDENT AFFAIRS | One Division. One Mission.

Douglas Bell, Ph.D. | Interim Executive Director of Student Community Standards Student Conduct Office | Division of Student Affairs | Texas A&M University - 338 - - 339 - - 340 - - 341 - Primary recipient: Jaclyn Upshaw-Brown (Interim Director, Student Conduct Office) Copied recipients: • [email protected] Text msg recipients: None Originating IP address: Submitted through IR layout #1 Processed by routing rule #167. Routed to Jaclyn Upshaw-Brown, Interim Director, Student Conduct Office.

Message sent by Maxient The reporter did not provide an email address. REPLIES WILL NOT REACH ANYONE.

- 342 - From: Crawford, Dr. Tia To: Winking, Audrey J Subject: Investigation - Final Report Date: Wednesday, October 11, 2023 10:43:52 AM

Audrey, I have completed the Investigation final report. It is labeled Investigation – Final and located V:\Working Groups\DSA Investigators\ Investigation\REPORT PREP\Final Report.

Please let me know if you need anything else.

- 343 - From: Crawford, Dr. Tia To: Winking, Audrey J; Brummett, Kevin L Subject: RE: Investigation Date: Friday, September 22, 2023 12:49:25 PM

Thank you, Audrey!

Howdy Kevin! I look forward to working with you.

From: Winking, Audrey J <[email protected]> Sent: Friday, September 22, 2023 12:27 PM To: Brummett, Kevin L <[email protected]>; Crawford, Dr. Tia <[email protected]> Subject: Investigation Good afternoon, I wanted to introduce you two, as you will be working together on the investigation. Tia has graciously agreed to help me out during this busy time by taking the lead on this investigation. I will do my best to assist you all throughout the process if anything comes up that you need help with!

Thanks so much for your help with this investigation!

- 344 - From: Winking, Audrey J To: Crawford, Dr. Tia Subject: RE: investigation Date: Friday, October 6, 2023 4:03:00 PM

No worries at all, just wanted to check back in!

From: Crawford, Dr. Tia <[email protected]> Sent: Friday, October 6, 2023 2:28 PM To: Winking, Audrey J <[email protected]> Subject: RE: investigation Audrey, My deepest apologies as I was tasked with a last-minute project and got swamped. I will get this completed and sent to you ASAP!!!

From: Winking, Audrey J <[email protected]> Sent: Friday, October 6, 2023 1:15 PM To: Crawford, Dr. Tia <[email protected]> Subject: RE: investigation Hey Tia, Just wanted to check in to see how things were going with the report? Is there anything I can do to help you?

Thanks!

Audrey Winking| Senior Student Conduct Investigator Student Conduct Office | Division of Student Affairs | Texas A&M University 1172 TAMU | College Station, TX 77843-1257

- 345 - ph: 979.847.7272 |audrey [email protected]| sco.tamu.edu

From: Crawford, Dr. Tia <[email protected]> Sent: Thursday, September 28, 2023 4:31 PM To: Winking, Audrey J <[email protected]> Subject: RE: investigation Hi Audrey, No worries. I’ve been in and out of meetings all day as well. Thanks again for helping us troubleshoot the technology. I will know moving forward how to do it. But the last two interviews went well. We do not believe we need to have additional interviews. The two that we interviewed have until tomorrow to send additional information. Both indicated that they might actually send something.

So, we will see.

I have blocked a couple of hours on tomorrow to knock out the report for it. The only thing I may need is to have you look at the report to make sure I have done it correctly.

From: Winking, Audrey J <[email protected]> Sent: Thursday, September 28, 2023 4:18 PM To: Crawford, Dr. Tia <[email protected]> Subject: investigation Hey Tia, Sorry for not checking in sooner, it’s been a crazy week! But I wanted to see how interviews went for the investigation and if you need anything from me moving forward?

Best, Audrey Audrey Winking| Senior Student Conduct Investigator Student Conduct Office | Division of Student Affairs | Texas A&M University 1172 TAMU | College Station, TX 77843-1257

- 346 - ph: 979.847.7272 |[email protected]| sco.tamu.edu

- 347 - From: Crawford, Dr. Tia To: Winking, Audrey J Subject: RE: Shared Folder Access Date: Friday, September 22, 2023 3:33:12 PM

Good deal! Thank you!

From: Winking, Audrey J <[email protected]> Sent: Friday, September 22, 2023 3:29 PM To: Crawford, Dr. Tia <[email protected]> Subject: RE: Shared Folder Access I think just you two is fine!

From: Crawford, Dr. Tia <[email protected]> Sent: Friday, September 22, 2023 1:32 PM To: Winking, Audrey J <[email protected]> Subject: RE: Shared Folder Access One more question, should I copy you on the communication? Or just Kevin & me?

From: Winking, Audrey J <[email protected]> Sent: Friday, September 22, 2023 1:26 PM To: Crawford, Dr. Tia <[email protected]> Subject: RE: Shared Folder Access - 348 - Yes! I reserved (the other panel room, not the one we were in this morning) for all of those times!

For the students’ interview notices, you’ll just put “X date at X time in the Student Services Building, ” (not the exact room) so they just check in and then our student worker will let you know when they check in.

From: Crawford, Dr. Tia <[email protected]> Sent: Friday, September 22, 2023 1:14 PM To: Winking, Audrey J <[email protected]> Subject: RE: Shared Folder Access Audrey, Are there rooms available for the following: Monday, Sept. 25th, 9am – 10am – Investigator Touch Base Tuesday, Sept. 26th, 9am-10am – Conduct Meeting Wednesday, Sept. 27th, 9:30am-10:30am – Conduct Meeting Wednesday, Sept. 27th, 10:30am-11:30am – Conduct meeting Tia Tia Crawford, Ph.D. | Assistant Director Department of Student Activities| Division of Student Affairs 1236 TAMU | College Station, TX 77843-1236 ph: 979.862.2514| [email protected]| stuact.tamu.edu ------------------------ TEXAS A&M UNIVERSITY | FEARLESS on Every Front

From: Winking, Audrey J <[email protected]> Sent: Friday, September 22, 2023 12:46 PM To: Crawford, Dr. Tia <[email protected]> Subject: RE: Shared Folder Access I created a document called “Notes Formatting Directions” in the DSA Investigators Drive. Hopefully it makes sense, but I tried to make a step by step for how to format the notes pages after the

- 349 - interview so that the student can review and sign them.

From: Winking, Audrey J Sent: Friday, September 22, 2023 12:28 PM To: Crawford, Dr. Tia <[email protected]> Subject: RE: Shared Folder Access Wonderful! I am working on adding documents to the folder in that drive now.

From: Crawford, Dr. Tia <[email protected]> Sent: Friday, September 22, 2023 10:54 AM To: Winking, Audrey J <[email protected]> Subject: Shared Folder Access Audrey, I found the DSA Investigators Folder and I do have access.

- 350 - VPFA-OPEN-Open Records Archive From: Bell Jr, Douglas Sent: Monday, December 11, 2023 12:24 PM To: Harrell, Kristen Subject: Memo Attachments: Case Memo - .docx

Please let me know if you need any addi�onal informa�on.

- 351 - MEMORANDUM

DATE: April 12, 2024 TO: BG Joe E. Ramirez, Jr., USA (Ret.)

Vice President for Student Affairs THROUGH: Dr. Kristen Harrell Assistant Vice President for Student Affairs FROM: Dr. Douglas Bell Director, Student Community Standards SUBJECT: Case Several reports were submitted by cadets who had their taken by alleged fraternity members. Only three of the alleged fraternity members were identified, so they were interviewed. Each of them are members of different fraternities. There was also an incident where the Student Conduct Office was unable to identify the alleged violators.

During the Student Conduct Office investigation, it was discovered that members of the Corps chased an individual in an effort to retrieve the . One of the alleged students who took the has a class with one of the members from the Corps. Through our investigation, it is alleged that the alleged thief had to skip class because there were “like 20 people waiting” for him at his class, which is why there was an additional complicity charge.

During the Student Conduct Office Investigation, it was discovered that when one of the alleged thieves ran with the , members of the Corps gave chase and “subdued him from behind.” Another member from the Corps “secured the individual’s leg with his upper body.” When the alleged thief complied and gave the spurs back, a Corp member “straddled him,” and when he tried to get up after no longer being in possession of the Spur, the Corp member “pushed him back down and said, ‘get up pussy’. As the alleged thief walked away, the members of the Corps kept taunting him. The alleged thief had his phone shattered when he was tackled to the ground and had multiple bruises and scrapes.

The decision to charge both the alleged thieves and the members of the Corp of Cadets stemmed from the information that was collected during the interview process. The Assistant Commandant for Discipline was involved with the Corps administrative hearing and did not provide any resistance regarding the charges or sanctions.

Charge • Theft o Accepted Responsibility Sanction • Conduct Review through • Ethics and Decision-Making Workshop

- 352 - Charge • Theft o Accepted Responsibility Sanction • Conduct Review through • Ethics and Decision-Making Workshop

Charge • Theft o Accepted Responsibility Sanction • Conduct Review Through • Ethics and Decision-Making Workshop (Co Adjudicated with Lt. Col. Gardner) Charges • Physical Abuse o Accepted Responsibility • Harassment o Not Responsible • Complicity o Accepted Responsibility • Corps – Conduct Unbecoming a Cadet o Accepted Responsibility Sanctions • Conduct Review through (Case Heard November 28th) • Corps Review • Ethics and Decision-Making Workshop (Co Adjudicated with Lt. Col. Gardner) Charges • Physical Abuse o Found Responsible • Damages o Not Responsible • Corps-Conduct Unbecoming a Cadet o Found Responsible Sanctions • Conduct Review through • Corps Conduct Review • Ethics and Decision-Making Workshop (Co Adjudicated with Lt. Col. Gardner) Charges

- 353 - • Physical Abuse o Found Responsible • Damages o Not Responsible • Corps-Conduct Unbecoming a Cadet o Found Responsible Sanctions • Conduct Review through • Corps Conduct Review • Ethics and Decision-Making Workshop

Charges • Physical Abuse o Not Responsible • Corps-Conduct Unbecoming a Cadet o Not Responsible

In closing, all of the respondents who were alleged to have stolen the expressed remorse and thought that this was a standing tradition. All of the alleged thieves demonstrated some level of reflection prior to their administrative conference.

Douglas Bell, Ph.D.

Director of Student Community Standards

- 354 - From: Bell Jr, Douglas Sent: Tuesday, February 21, 2023 11:59 AM To: Ramirez Jr, Joe E Cc: Smith, Cindy M; Barrett, Sandra; Harrell, Kristen Subject: FW: OCJ request Attachments: OCJ request.pdf

Howdy BG Ramirez, Please see attached OCJ. Please let me know if you have any additional questions.

From: Upshaw-Brown, Jaclyn B <[email protected]> Sent: Tuesday, February 21, 2023 11:32 AM To: Bell Jr, Douglas <[email protected]> Subject: OCJ request Hi, Doug, Please see the attached request for OCJ and let me know if you have any questions.

- 355 - DIVISION OF STUDENT AFFAIRS OFFICES OF THE DEAN OF STUDENT LIFE

MEMORANDUM

DATE: February 17, 2023 TO: BG Joe E. Ramirez, Jr., USA (Ret.)

Interim Vice President for Student Affairs THROUGH: Dr. Douglas Bell Executive Director, Student Community Standards FROM: Jaclyn Upshaw-Brown Interim Director, Student Conduct Office SUBJECT: Disciplinary Action for an Off-Campus Incident

On February 2, 2023, the Assistant Commandant for Discipline submitted to the Student Conduct Office a series of statements from current and former regarding an incident on . According to the statements, and were instructed to report to Hensel Park and bring their Corps beanies.

Once at the park, they were met by , who told them to pull their beanies down over their eyes and then drove them to a location that was undisclosed to the at the time (the home of a advisor and TAMU student). At the home, the were informed they would each be expected to eat a 12-egg omelet, competing for the fastest time. Some reported hearing comments that suggested failing to finish would result in negative consequences, though it does not seem they were explicitly told what those ramifications would be. Several statements reflect that two or three of the felt ill and/or vomited as a result of eating the omelets. Finally, one report indicates that one of the upperclassmen consumed alcohol while during the event.

Given this conduct occurred off campus and in order to address the totality of the situation, I recommend that the University be granted permission to further investigate and, if necessary, issue disciplinary charges. In accordance with University Student Rules 24.3, disciplinary action for an off-campus offense will be taken only when, in the judgment of the Vice President for Student Affairs, action is warranted.

Attached to this request memo is the packet of statements.

Approved/Disapproved

_________________________________________________________________ _________________________ BG Joe E. Ramirez, Jr., USA (Ret.) Date Vice President for Student Affairs ENCL: FDT statements

Student Conduct Office Tel. 979.847.7272 Fax 979.845.6136 Student Services Building, Suite 309 [email protected] 1257 TAMU College Station, TX 77843-1257 - 356 - http://studentlife.tamu.edu/sco Personal Statement On Sunday at 6:00PM, the and arrived at a park off campus where we were instructed to park and bring beanies. A few minutes later, and arrived, where we got into their cars and blindfolded ourselves with our beanies. drove with and myself, and we drove a few minutes to residence, where we waited for everyone to arrive. Once everyone was there, we were told that we would be cooked a plate of a dozen eggs to eat with whatever toppings we liked as fast as possible with the intent of us needing to finish to remain with the team or potentially face some unknown consequences as well as competing for the record time. We all hung out as with help from the other and cooked each plate of eggs. ate the first plate of eggs within a few minutes while everyone else watched, socialized, and played board games. I do not remember exactly who went after her, but I believe I was around the person to begin eating, going after and before . I ate for about 1 hour and 40 minutes and completed my during this time. At some point ate her eggs within a couple of minutes, and she called to be able to see how fast she could eat. I was quite spaced out and was otherwise focused on eating for the rest of the time, so I am not aware of too much of what else was going on, although I believe it was mostly just people catching up and socializing. The and took an egg shot at some point during this time frame, and people were eating ice cream and pizza while they continued to socialize. Before I finished eating, the made stop eating the eggs because she was having an adverse reaction to the eggs and was throwing up, and they did not wish for her to continue eating since it was making her sick. They noted expressly that they did not care that she did not finish and wanted to prioritize health and wellbeing first. I finished eating shortly after stopped eating and I myself was not feeling well physically and was overstimulated from the social setting, so I went outside to lay down on the front porch with and , and stayed outside with us for a while as well. We stayed outside for the remainder of the time at the house, maybe an hour, as we waited for everyone else to finish eating. Other people came outside to check on us and bring us water or ice cream if we wanted, including . Once , the last person to eat, was finished eating, we went inside to regroup before leaving. We split back up into cars and drove back to the park, picked up our vehicles and drove back to campus, where we all met in the . We were given our and then left, and I returned back to bed.

- 357 - I would like to write a statement concerning the alleged incident concerning the which occurred on . I dropped in for approximately 5-10 minutes in order to say hello to everyone after they had finished hell week before the rest of the corps returned from Christmas. From what I saw, everyone that was there was watching the NFL playoff games that were occurring that night, playing board games and talking. After saying hello to everyone there, I left the location as I had a prior commitment later that night.

Very Respectfully,

- 358 - The were instructed to meet at a park and stay in their cars until they were told otherwise. There were a total of three cars of sense we all car pulled. About 7-10 min after we were told to be there the pulled into the parking lot and walked up to our cars. They told us to get out of the cars and put on our corps beanies over our eyes. We then were separated into groups to fit into different cars. We held onto each other's shoulders and were guided by a . I was in the backseat of a truck making jokes with my buddies. was sitting next to me and we started to play a game of sticks , a finger counting game that many elementary schoolers play. When the short car ride was over we piled out of the car and were led inside. We were then sat down on a couch and waited till everyone had made it. After everyone had gotten there we were told to take off our beanies to see a combination of current and past . Soon after music was turned on and people started playing board games, such as Secret Hittler, and picking out what they wanted in their omelets.

It was explained to us that it was a competition to see who could eat it the fastest. was the first to go and she finished fast. After her I don't really remember the order. The others such as took a really long time to finish. In fact started to not feel good from the eggs and was told to stop. She didn’t finish. After you finished eating the eggs you just went back to the party. They had ice cream for after you had finished as well. Some time after I had finished I ended up sitting on the front porch with . The music was really loud inside so it was nice to just get a breath of fresh air and talk about all the stories we had from and the Corps in general. Periodically someone, whether it was one of our buddies or an upperclassman, would come outside and check on us. After everyone was done and the night had come to an end, we were driven back to the park where the cars were or back to campus depending on if you were the person who drove or not. All the current and then met in the room and we were given out . Then everyone dispersed and went back to their rooms for the night.

- 359 - On , we parked in Hensel Park at 1800, turned the cars off and waited there until the told us to get out of the car, put on the Corps issued beanie and put it over our eyes. They guided us to their cars and drove us for about five minutes. When we arrived, they carefully led us inside and sat us down before telling us to take the beanie off. All of the team was there along with the from last year and some of the team from the They told us that we were all going to eat dozen egg omelets, and why that was a tradition. I told them that I had a slight sensitivity to eggs which makes my stomach a bit upset, but I refused the option of vegan eggs that they wanted me to eat and instead insisted on eating normal eggs. was in the kitchen making the eggs however we wanted them to be made. While she was making them, more and more of the past came in. Half of the had no problem eating the eggs, but who were before me were struggling. The three of us took about an hour and a half to finish the eggs. After I had thrown up a second time, they made me quit even though I wanted to finish.

Since it was so loud inside from everyone cheering, playing games, and having a good time, I went outside to breathe with and went out with us to make sure we were doing alright and talked with us while would poke his head out and make sure we didn’t need anything and gave us ice cream to help settle our stomachs. We visited outside until the remaining finished and we were called back inside to ask who we thought got eggs. We easily reached the conclusion that and were the ones who ate 15 eggs. We were then told to go to the So we got back into the cars to go back to the Park and get our cars. We then drove back to campus and went to the where they gave us the .

- 360 - On me and my buddies were told me go to a location that is close to campus and arrive hungry. After we arrived at the park our pretended to kidnap us and drove us to a house where we were surprised with the company of and from It was explained to us that it was an old tradition for the back in the day to eat for time a large omelet that was served at a restaurant that is now closed. The offered us to partake in this friendly competition to eat omelets that they made for us with whatever toppings we wanted in the omelet. All of my buddies partook in this friendly competition and me and my buddies cheered each other on as each of us ate an omelet. After we finished we were drove back to get our cars and arrived back on campus.

Overall, the night was very memorable and brought me and my buddies together in a positive way while being around past that we love being around.

This concludes my statement, Very respectfully,

- 361 - This account is told from the perspective of On Sunday, , the were informed that they would be meeting at Hensel Park and to bring a Corps issued beanie with us. Once arrived at around 1610 current on the team instructed us to put the beanies on and pull them down over our face.

I was guided to the car and drove to a location that I did not know about. Once we arrived I was guided out of the car and into a room where I sat down. After everyone arrived we were told to remove our beanies so that we could see, and we realized that we were in a living room sitting down on a couch. Around us were our former who we said hi to. The were all gathered onto the couch and the explained the situation about having to eat a dozen egg omelets. They explained the rules of the competition and how we would want to eat as fast as possible.

We then got up and greeted and joked around with our and and were plenty happy to see all of them. We made an order of who was going to eat the eggs, and we were all allowed to customize the omelets we were given. As the night progressed we would make jokes around those eating, play board games with each other. The night continued on with those eating the eggs able to take breaks, eat at their own pace, watch tv or Youtube, or anything they wanted. The rest of us just talked and joked around, discussed within the team and continually checked on those eating. No events within that time really stood out.

After the last person had finished eating they gathered us onto the couch and explained to us the tradition of the egg eating and that there used to be a diner where the would all order a egg omelet. They explained that when the diner closed they started making their own and that punishment for not finishing would mean a giant smoke session with the . Finally they let us know that before was disbanded, the used to add extra eggs into their meals. They let us know that were the ones to receive this tradition and that it was based on someone’s personality. We were free to leave after that and we all went back to the and received our and we all joked around for a bit and then went back to the dorms.

- 362 - This is , one of the . This email is my written statement of the event.

On we were told to drive to 502 College Ave (Hensel Park) at 1800 and to bring our Corps issued beanie. Once there, we waited in our cars for about 5 minutes before the arrived. When they arrived they told us to get out of our cars and to put our beanies over our eyes. We were then guided into the cars of upperclassmen. was with two other . We were driven to house, a student and previous Once there we were brought in and moved to a couch in the room then were told to take our beanies off. We saw all of the current and some of our from when we were . They then told us about the dozen egg omelet and the story behind it. After Hell Week, the would go to a diner and the would order the 12 egg omelet on the menu. When the diner took the omelet off the menu, the didn't want the tradition to die so they decided to start making the omelets themselves. We were told to pick an order to eat in. I was the one to go. When it was my turn, asked me what all I wanted in my omelet. I chose cheese, ham, and bacon and she made the omelet. It took me over an hour to eat and while I was eating a few more former ) walked in. Once I finished I started talking to everyone again. I encouraged my buddies when it was their turn to eat. , started to get sick and was told to stop eating. After everyone was done eating, we stayed at the house talking for about another hour before getting rides back to the park for the cars or back to the quad.

That is my statement of the event.

Very Respectfully,

- 363 - On after the first mock drill meet of the semester, and buddies were told to keep the following evening open around 1830 and to be hungry. The next day around 1400 we were notified through the Microsoft teams chat to arrive at Hensel Park at 1800, bringing our corps issued beanies. After we arrived at the park we saw the and drive up and approach our cars. We were instructed to get out and pull our beanies down over our eyes. They led us in groups of 2-3 to their cars and helped us in. I ended up in a car with and we sat in the back of the car trying not to laugh as put music on the radio and drove us away from the park. None of the three of us spoke during the car ride. When the car stopped led us out of the car and into a house where we were led to a couch and told to sit down. I could hear my other buddies sitting around me on the couch as well as some familiar voices of past upperclassmen on the team. We were all laughing and talking and someone told us to “take the beanies off already”. When I opened my eyes I saw several of my old advisors including and . We were briefly told about the competition of eating 12 egg omelets and when asked who wanted to go first I raised my hand excitedly because I am a competitive person. We were told of the previous record of three minutes and fifty-three seconds, as well as given the opportunity to choose toppings for our omelets. While everyone else, all as well as most of the from last year, played board games and conversed, was cooking the omelets for to consume. The omelets took awhile to cook, but when each one was completed the next in line would have someone begin their timer and start eating. When my omelet was done being cooked I fully intended to break the previous record and I finished eating in . Everyone else took varying lengths of time to finish their omelets, with beating and taking over ninety minutes. Several people threw up during or after eating their omelets including , While each either waited their turn to eat or hung around after they were finished, we had fun talking and catching up with people we hadn’t seen in nearly a year due to being in or due to their . We intermittently cheered on our buddies who were still eating and sat around reminiscing about last year. Once everyone was done eating, the cleaned up the dishes from cooking and eating the omelets then made sure all the had rides back to campus or to their cars at the park. We met up in the and received our to commemorate the end of our , then we were congratulated on our hard work over the past week and released.

Very Respectfully,

- 364 - I'm and I am one of the on the team in question. The team let us know to share our side of the story and any knowledge of the event we might have to share. It is my intention to speak plainly about what happened at the event.

After our meet we had our and at the very end we were told to keep our schedule clear for the Evening of Sunday . They told us it would be fun to come with an appetite and our black corps issued beanies. On that evening we drove to a park 5 minutes away from campus and we waited for the upperclassmen to arrive. The upperclassman met us and pretended to kidnap us by pulling our beanies over our heads and we drove in their cars to, which we didn't know at the time, one of the old house. It was about a 5 minute drive away from campus. Once we arrived at the location though, it was revealed that all the as well as our were there. The reason we went to the house was to have more space and a proper kitchen.

Once there, they shared that once hell week was over, the time where the team comes back early from winter break and prepares for Tulane, traditionally the team and past would go celebrate the hard work of the and recount old stories. In years past, the team would go to a restaurant that offered an omelet made from a dozen eggs and the would typically order one and there would be a friendly competition to see who could eat it the fastest. The restaurant has since stopped offering a dozen egg omelets so the made homemade ones for us. They asked us for toppings and made it to our desire and once it had cooled enough for eating we started chowing down while recording each other's times. We cheered each other on while we waited for ours to be made, board games were played, and we enjoyed each other's company before the school year started.

At the end of the evening, we thanked our host, said our goodbyes, and we were driven back to our cars. My buddies and myself enjoyed the evening and laughed about our experience on the way back to the quad.

I hope my side of the story is able to add another piece to this puzzle and I am more than willing to answer any questions anyone has on the subject. Thank you for taking the time to hear my side.

Very Respectfully,

- 365 - My name is and I was present at the events of with This is an account of events from my perspective.

On the evening of , myself and the other of the Team arrived at Hensel Park, and were instructed to bring our black beanies. We waited for approximately 5 minutes then various arrived. We exited our vehicles and were instructed to put the beanies on and pull them down to cover our eyes. We were guided to our upperclassman's vehicles and guided to the door handle, where we were told to get in. We were driven to another location which took about 5-10 minutes of which I was not sure where, however it was a residential location. We were then guided inside the building, still unable to see, and sat down on a couch as we waited for the rest of our buddies to arrive.

Once all of my buddies had arrived, we were instructed to remove our beanies and were greeted by the other . There were a decent number of people at the house, approximately 20-25. It was at this point that the purpose of us being there was presented. We were told that each member of would attempt to eat a 12 egg omelets against the clock. We were allowed to customize the omelets with cheese, peppers, ham, turkey, and other toppings if we desired. While it was a race against the clock, we could also take as long as we needed, however it was stressed the expectation was to finish the omelet by the end of the night. There was no penalty for a slow time vs a fast time, however, again, the expectation was that we finished the omelet. We weren't told what would happen if we did not finish the omelet, only told that we should finish them. Once started to volunteer for order, since each omelets took a while to cook, we began to socialize and play board games until it was our turn to eat. Some took a very short time, eating very quickly at a sub 5 minute time. Times were written down on a white board as we completed. We were allowed to eat as slow or as fast as we wanted using whatever strategy we wanted, approximately an hour and a half to eat and . As we finished, ice cream and other snacks were available and we continued to socialize.

Once we finished, we were driven back to our vehicles in Hensel park and arrived at our vehicles at approximately 2300.

I hope this is satisfactory and if any more information is required please let me know.

Best Regards,

- 366 - To whom it concerns,

This is a personal recount of the sequence of events that occurred regarding the report to the Student Conduct Office. On at 1800 I was in the car waiting with at Hensel Park. We waited until and arrived. All current year pulled up in vehicles behind us around five minutes later. , and I got out of our respective vehicle as instructed by then we were instructed to place a beanie over our eyes and led to different vehicles. I got into a car with and we were driven by to an undisclosed location. Upon arriving, I was led into a house and instructed to sit down on a couch. All the as well as were in attendance and we were collectively instructed to take off our blindfolds. I was informed by that it was his house.

Previous year arrived throughout the night such as . I talked with before sitting down to play Settler’s of Catan with was cooking bacon in the kitchen. All the were called to gather in the living room and informed by and that each would be receiving a twelve-egg omelet to eat. We were to be timed in doing so and the slowest eater would face a punishment at a later date. We were told by various that we could take however long we wanted as long as we finished. After the instructions for what we were going to do, volunteered to go first. cooked the omelets for each one at a time. While I waited for my turn, I sat at the counter talking to asked me what I wanted on my eggs and she cooked it. kept my time while I ate at my own pace. I sat next to while I ate. She could not finish her plate of eggs and started to feel sick and was told that she would not have to eat anymore and there would be no punishment. After every was done eating eggs, every individual (myself included) made conversation for about

- 367 - an hour before departing in the separate vehicles that we had arrived in. I rode back in car where I was dropped off at campus, not blindfolded and knowing exactly where we were going. Afterward the entire team met in the campus and we (all ) were rewarded, by the to commemorate our achievement of finishing Hellweek. Afterwards I left and returned to my dorm.

Respectfully,

- 368 - January 2023 Incident Report On the night of many current and former members of the and myself took part in what had been an annual tradition for what I assume to be many years. I arrived at the house of one of the from last year, , at around 1800.

The individuals who showed up to the event were all of the of the team, as well as almost all of my buddies from last year, the from last year, and a few other members of the The events that transpired are the following: the members of the team showed up in two groups to the house, their eyes covered by the beanies they had on their head, and they were seated on the couch in the living room until the rest of their buddies arrived. When the deemed they were ready, they were told to uncover their eyes, and were told that they would be eating 12 eggs in an omelet as it had been tradition on the team from years past. Then, over the course of the night, the cooked all of the eggs for the feeding them their omelets one by one, while other current/former , (myself included), had a stopwatch going to time how fast the finished. The were also told in a joking manner that they didn’t want to know what happened if they did not finish. Some took as fast as 2 minutes and some took as long as an hour. Their were a few who struggled to eat them, and one, , who’s body reacted poorly and she threw up. She was then told she didn’t have to finish. During this time, I was leading a group in playing the board game “Secret Hitler” while the ate their eggs and the rest of us ate

- 369 - pizza. We all exchanged memories, inside jokes, and stories from our time with the team. Once the had finished, the gathered them in the living room and revealed that two of them had been given an omelet of 15 eggs instead of 12. After they were able to figure out who it was, they then reminded the that they have to get back to work on Monday after the fun they had that night, and they gave additional words of encouragement, criticism, etc. about how their fish are doing in getting prepared for Tulane. This was the conclusion of the night and people incrementally left the house.

- 370 - Written Statement of Incident on : On Saturday, , at the conclusion of the team’s meet. I told the and to keep their Sunday evening free and to come hungry.

On the night of the we (the to drive to Hinsel Park (I believe) and to bring their corps-issued beanies with them. From there the picked up the and told them to put their beanies on so that it covered their eyes. then drove them to , was already there (both former members of the Corps and the previous year’s respectively). While this was happening, and I were preparing all of the eggs and omelet toppings. At this point arrived.

When the arrived at the house we sat them down on the couch and other chairs in the living room while we waited for the rest of the to arrive. When all of the were at the house we had them remove their blindfolds. At this point I explained how at the end of hell week each year the would go to a restaurant in town that served dozen egg omelets and how all the would order and eat one.

Since then that restaurant stopped serving these omelets. The tradition changed to where the would make the omelets for the .

During this time, former to the team, arrived at the house.

Then started taking orders for the omelets. and started making the omelets for the . When the omelet was finished, a would get the omelet and we would set a timer before they started eating so as to see who would finish their omelet the fastest. There was no prize for being the fastest, and no punishment for being the slowest or being unable to finish. When was eating her omelet, another former to the team, was facetiming was on a . continued cooking and serving the omelets. While cooking the omelets, and , took 1-2 egg shots (a small amount of liquor is poured into an egg that had the top cracked off, and the egg and liquor was drunk). This was the only alcohol consumed during the night. None of the drank anything. At some point in the night, another former to the team arrived to say hello to everyone, was there for less than half an hour then left. While people were not eating they were all playing board games or watching football. All of the ate and finished their omelet , who was not able to finish and no repercussions followed. I just took the plate and told her she didn’t have to worry about not being able to finish. When another , finished her omelet, she was not feeling well so she, along with , went and sat out on the front porch. After the finished their omelet they were served ice cream if they wanted it. I went out to go check on the

- 371 - three that were outside and brought them some water and ice cream. I sat with them, while the remaining finished their omelets.

When everyone was finished with their omelets returned indoors. I spoke to them about how proud I was of all of them for the hard work they put in that past week and how we still had a lot of work ahead of us.

The then left with them to take them back to their cars. and finished cleaning everything up and said goodbye to then we drove back to campus.

When everyone had returned to campus, all of us went down to our to give the . We meant to give the to them at house but they were forgotten in the . Once everyone had their . Everyone returned to their dorms.

- 372 - Here is my statement for the student conduct officer concerning the event that happened on

I arrived at house at around 8pm with . In the house were the current and a couple former from the team. Everyone in the house were either currently or formerly an on the team excluding the other residents of the house. The house atmosphere was laid back with music playing consistently, board games being played and food being consumed. As the night went on the were cooking a dozen eggs for each to eat. The were allowed to pick what was in the eggs (meat, veggies, cheese, etc.) and then would proceed to eat the eggs on their own accord either as fast as they could or whatever pace they wanted. I do not remember all the who ate the eggs but the ones I remember were , the other and the other whose names I can’t remember. They each ate their eggs in whatever time they could and then would presume enjoying the evening talking and later eating ice cream that was also provided. 2-3 of the threw up after eating the egg but continued to enjoy the night.

The gathering went until about 2215 where and I talked with with two of our old until about 2230. and I left at about 2235 and went back to the dorms where we went to room and talked for about an a hour before going back to our own dorms.

This concludes my statement of what happened on . Thank you for your time.

Very Respectfully,

- 373 - My name is and I was present at the incident. My knowledge about the incident is as follows. The site was off campus and I arrived at the house at approximately 1830 with the remainder of the team. I believe the house was owned by and (prior ). From there, I talked to present and the past since this was an event to bring back . When the event started, the was asked to consume a 12-egg omelet made to their liking. were in charge of making the omelets as well as preparing the fixings. We held it in a competition style where the fastest one to eat it won. The ate it at their own pace with no penalty for finishing last. I played a board game for the remainder of the time and talked to my peers. When the event finished, we all went our separate ways. If there needs to be any clarification do not hesitate to reach out.

Sincerely,

- 374 - The following is my statement on the incident on .

The event consisted of the current , myself, a few current cadets, and one graduate, who were all at some point. The event occurred at a house off campus. My experience was mostly hanging out with the other older/prior cadets and also talking with some of the cadets who were eating the eggs, encouraging them to finish what they were eating. Alcohol was present, but only some people were drinking to my knowledge, all of whom are at including myself. This started around 2000-2100 and then we left around 2200. Others who had not been drinking drove us back to campus. Upon returning to campus, I went to sleep.

If I can be of any further assistance, please contact me using the information listed below.

Very Respectfully,

- 375 - Written Statement

After hearing that everyone would meet around 1800, I left campus around 1915 to arrive at s apartment on the night of around 1930 hours. I went inside and immediately caught up with the group of guys and girls who were there, including right inside the front door. By the counter area, the had already begun the egg-eating tradition so I swung by to see how they were doing. Around this time, I was catching up with , and others. I ate a pizza there as well while catching up with some of the and said hello to who was cooking the eggs and who was helping to keep things clean. After, I walked around and talked with the group and checked on to see how their omelets and stomachs were doing. Later, roughly around 2000, had a shot of pink-lemonade vodka with , followed by an egg-shot with the same vodka with around 2030. At some point, came by for a short time and I said hello to him. Afterwards, I went over to the couch area and caught up with more friends and listened to music. I could tell and were struggling with their eggs a bit, so I went over to check on them before ended up vomiting in a garbage can. After she vomited and finished her eggs, ended up going outside for some fresh air; went out to check on them soon after. I saw quickly finish her eggs in about 2 minutes or so while FaceTiming , who I also said hello to over the phone. After, I talked to and others about music and how their breaks were near the couch area, talked to a bit, and then checked on as he was eating his eggs while watching a video. After finished his omelet, I said my goodbyes around the room to as many people as I could before heading outside to see sitting together on the front porch helping to calm down their stomachs; was curled up in a ball near the corner of the porch. I said goodbye to them, before walking back to my car and driving away at 2205. I arrived back at campus and the .

- 376 - I arrived at College Station on that same evening and was there between the hours of 1930 to 2230. This was an event where got together to boost morale after a long "hell week". It was a very comfortable environment where everyone was hanging out and getting ready to return to school. From what I know concerning the eggs, nobody was required to participate in eating them. Anyone that did not feel well after eating was well taken care of. After the event, I left and went back to the dorms.

Best,

This email is to respond as a report to what happened around . Each currently on the team (who could attend) was made a 12-egg omelet and timed to see how long it would take for them to eat it. People would cheer them on and encourage them to eat it fast and some people threw up and felt quite ill due to it. A speech was given at the end to build morale.

Very Respectfully,

- 377 - Before my time on the team, the used to go to a local restaurant and order a 12 egg omelet for each of the on the team at the conclusion of Hell Week. That restaurant has since stopped serving the 12 egg omelet, so now the team buys its own eggs and toppings, and the omelets are made by the on the team to the liking of each of the This event now happens at an off campus house. More specifically, a house that belongs to someone who once held a , and this year . The were introduced to this night by being told that there was a surprise, and that they should plan on not eating heavily during the day. They were told to meet at a certain location where the were waiting to carpool them to the house.

- 378 - With the event not being fully known to the they were blindfolded for the surprise, and then brought into the house. After everyone’s arrival, the blind folds were taken off and they were able to see all of the they had looked up to the year before when they were freshmen. It was like a big family reunion, with board games, the NFL football game on the TV, and omelets being served one by one to each of the . In true fashion of the very competitive team, the times it takes for each person to finish the omelet was recorded on the whiteboard, and everyone wants to beat the best time from the year before, to “stick it” to their previous upperclassmen. Many times during the night the were reminded that nothing would happen in the event that they couldn’t finish the omelet. There was a story that was told about one time (a few years before I ) that someone didn’t finish the omelet, and as a punishment, they had to do physical training until they vomited, but it was assured numerous times that in no event would there be any backlash in the case that someone didn’t finish. Everyone ended up finishing their omelet, and the previous year’s record was broken twice. After everyone had finished, some were feeling a little queasy as expected, but everyone seemed to be in good spirits, and most people would even wash down the eggs with a bowl of ice cream. The whole event had no ounce of mal-intent, and it was only for the reunion purpose as well as your previous upperclassmen cooking for you after you ordered what you wanted in your omelet. Everyone cleaned up where they had sat, and made sure looked as good as it did when they showed up. I was even able to get a hug and a smile, and tell everyone how proud I was about their accomplishments both on the team and in the Corps. I remember multiple times during the night where myself and the previous would look around at all the people we had hopefully had a positive impact on during our times in the Corps. Looking at all of the and multiple that were once when they were gave me so much pride and happiness. The overall mood of the night seemed so good and heartwarming, and it saddens me very much to understand that other people may not have had the same sense of reunion and happiness.

- 379 - On around 1800, came to Hensel Park in separate cars.

Shortly afterward, I arrived at Hensel Park and instructed the to pull the beanies over their eyes and get into our cars. We arrived as a group at apartment, where , , , and several of roommates were socializing. Blindfolds came off and someone explained that for some time had a yearly event where were encouraged to eat 12-egg omelets. There was no punishment for not finishing, and in fact, did not finish her omelet and did not receive any negative repercussions from any upperclassmen.

I heard a rumor that back in the day they used to do terrible things to that did not finish their omelet, but I had never witnessed anything like that, nor had any evidence presented to me to suggest that my fellow and intended on doing anything of the sort. The intention of the event was to socialize and celebrate a finished week of practice, not to initiate members.

At some point during the night of the incident, arrived and stayed. and his girlfriend dropped by for around 10 minutes at most had upset stomachs after eating, and and I checked in with both of them throughout the night, to offer them water and anything else they might need. Around 2230-2300 we all left back to the dorms in separate cars.

I don't recall there being any underage drinking at the event. There could have been more people at this event, but to the best of my memory, these were all the names I could gather.

and I are all the current on . Together, we organized and coordinated the event, and in no way are any of the participating to blame for the incident.

Please contact me via email or at you have any questions or concerns.

Very respectfully,

- 380 - On Sunday, at approximately 1730, I drove to the store to buy supplies for the omelet dinners for the on the and the who would be participating. I then drove to house as he was a who had offered to let us use his house for the evening. , the , then spent the next hour prepping the kitchen for the to arrive At some point around 1830, and other from the Corps who were all former arrived.

The arrived between 1830 and 1900 and were led blindfolded into the house by the on the team who had picked them up. I was in the kitchen from 1900 to 2200, where, over the course of the evening, . was allowed to choose what ingredients they wanted included and allowed to take their time in eating the food. then cleaned the dishes and around the kitchen/dining area from 2200 to sometime after 2300 when the party ended and everyone left.

- 381 - The egg eating event is a tradition in which eat a cooked 12 egg omelet upon the completion of Hell Week. They choose what, if any, condiments they would like in their omelet and are timed how fast they eat it. Some choose to eat their omelets slowly, while others try to eat it quickly.

The event is in no way "bad bull" and was an opportunity for past and present to reconnect. On the evening of , I witnessed the omelet eating event that occurred with the , , as well as various other personnel/former personnel. Everyone present was either a current or former The event occurred off campus at around 1830. I rode with to the event about an hour after the planned start time, as we were both at an practice. When we arrived, the were already eating the eggs, had already eaten, or waiting for the omelets to be cooked. After about 2-3 hours, the omelets had been eaten and people began to depart the house. I rode back to the Quad again with , and h also rode in the car.

V/R

On the evening of , I witnessed the omelet eating event that occurred with the , as well as various other personnel/former personnel. Everyone present was either a current or former . The event occurred off campus at around 1830. I rode with to the event about an hour after the planned start time, as we were both at an . When we arrived, the were already eating the eggs, had already eaten, or waiting for the omelets to be cooked. After about 2-3 hours, the omelets had been eaten and people began to depart the house. I rode back to the Quad again with also rode in the car.

Please let me know if there is anything else I can provide to assist in this matter.

Very Respectfully,

- 382 - Written Statement:

On participated in an event that took place off campus involving members of the eating eggs. coordinated with the other . messaged the and to meet us at Hensel Park at 1800. communicated the same with the . Once at the park, we met with all the and had them put on their corps issued beanies as a blindfold and led them to our cars. was responsible for driving and drove them to house. Once there, we led them inside with the beanies covering their eyes and had them sit on the couch. Once everyone was present, we had them take off the beanies. Following that, explained the situation, which was that they were being cooked 12 egg omelets to eat as fast as they were able to. This has been a tradition in past years, starting when the went to Hullabaloo Diner and ordered a 12 egg omelet each. was in charge of cooking the eggs, and the were allowed to choose what toppings they wanted inside. They went in random order and each ate the omelet while being timed. did not finish the omelet, which was . The times were written on a white board and after they finished the omelet, gave them ice cream to calm their stomachs. The rest of the night was just waiting for everyone to finish and hanging out around the house. After everyone was done, told them that two of them received 15 eggs instead of 12, which were , who were randomly selected based on their size. After talking for a little bit, all drove the back to the park where their cars were. Afterwards, all met at the to distribute and then went our separate ways.

- 383 - I'm writing to detail my account of the reported incident.

In advance, the were told to keep their evening open on Sunday and to not eat much that day. All of the team's active ) met at a park off campus where they were picked up by the team's . They were told to put their Corps-issue beanie on to cover their eyes. They were driven by the to apartment since a place was needed to cook the eggs. They were led inside and told to remove the beanies once all were inside. explained to the that they would each be eating dozen egg omelets. cooked all the omelets with help from .

ate in the order they volunteered. The omelets were made to-order. They were allowed to pick whatever toppings they wanted. When it came time to eat, they were timed and encouraged to attempt to be the fastest, but were ultimately allowed to eat at whatever pace they desired without threat. Times varied from 2:20 to 1:41:02. If requested, ice cream was served once a finished to help them feel better since that soothes the stomach. I believe 2 or 3 threw up.

2 had omelets that contained 15 eggs but they were not the ones who threw up as those were given to the 2 perceived biggest eaters.

Beyond the egg eating, it was a standard social gathering. There was no PT involved the entire night. No alcohol was consumed by minors. If anyone started to feel unwell while or after eating, they were assisted as needed/requested. If a felt unwell while eating, they were allowed to take a pause as needed. People played board games and talked. Former members arrived to cheer on the in their old positions and ask about Hell Week. These former members include was not present as she was . She was on to eat her omelet.

Once every was done and ready to leave, everyone said their goodbyes and the were either taken back to their cars or directly back to campus. Nothing was required of them the following day.

Please let me know if you or the Student Conduct Office need anything clarified or have any questions.

Very respectfully,

- 384 - - 385 - Statement I arrived at house at around 1800 along with the other While we waited for everyone else to arrive we prepped the supplies to make the omelets. cooked the bacon and chopped up vegetables to add if the wanted that in their meal. At around 1830 the on the team arrived with the driving them. The were blind folded when they walked into the house but the blind folds were removed as soon as they had sat down in the house. The were told how as a celebration of the end of hell week the whole team got together to compete in a food challenge. Each would receive a 12 egg omelet to eat. There was no maximum amount of time allowed but the goal is to compete against their buddies and finish the omelet. Vegan egg substitute was also provided if the wanted to participate but was unable to eat egg. I don’t remember the exact order that they went but I do know went first. While cooked the Omelets everyone else cheered on their buddies, hung out and talked. started feeling sick while eating hers so she did not finish it.

She went outside with to get some water and cool off. Those who were of age also took a shot of raw egg but that was the only alcohol at the event that I am aware of.

The rest of the finished their Omelets. After everyone was done, gathered everyone together to congratulate us on the end of hell week and to get ready to be in the mindset to compete at Tulane. We left around 11:00.

- 386 - The following is my account of what happened the night of .

It started with the other and myself arriving at a park to meet the After all the and had arrived, we told the to cover their eyes with beanies they'd been told to bring. They were then escorted into the vehicles. The then drove the house where and past members where waiting. After being escorted inside they were told to remove their blindfolds. The upperclassmen then explained what the would be doing. They would be eating an omelet made up of twelve eggs and other ingredients at the request. The then began to eat. They decided on an order and each took a turn eating. While each was eating, the upperclassmen and the who weren't eating socialized, played music and board games, cheered on the eating, and those over 21 drank. During the night a few of the felt sick from the omelet and threw up. After confirming that the were okay, the upperclassmen would encourage them to finish the omelet. Old team members came and went throughout the night. After everyone had finished, the time to eat the omelet was written on a whiteboard for each The socializing went on for a little longer, and eventually the were driven back to their parked vehicles by the . Everyone then separated.

This has been my knowledge of the night of the event, told to the best of my ability. If there are any questions, please email me.

Very respectfully, exas A&M Corps of Cadets

- 387 - - 388 - Bell Jr, Douglas From: Bell Jr, Douglas Sent: Tuesday, November 7, 2023 2:26 PM To: Winking, Audrey J Subject: FW: [Maxient] College Station - On-Campus Residence Hall

Additional information from Douglas Bell, Ph.D. | Interim Executive Director of Student Community Standards Student Conduct Office | Division of Student Affairs | Texas A&M University 1257 TAMU | College Station, TX 77843-1257 ph: 979.847.7272 | [email protected] | sco.tamu.edu ------------------------ DIVISION OF STUDENT AFFAIRS | One Division. One Mission.

From: Murray, Dylan C <[email protected]> Sent: Tuesday, November 7, 2023 1:42 PM To: Bell Jr, Douglas <[email protected]> Subject: Fwd: [Maxient] College Station - On-Campus Residence Hall

Please excuse short messages and typos, as I am responding on my phone Begin forwarded message: From: "Moore, Erica" <erica [email protected]> Date: November 7, 2023 at 1:25:31 PM CST To: "Murray, Dylan C" <[email protected]> Subject: FW: [Maxient] College Station - On-Campus Residence Hall

Howdy Dylan, I am sending this over to you. I’ve already submitted a report for this and told the student an additional report from him would be helpful as well.

Erica Moore | Administrative Coordinator II Koldus 224G|Student Organization Leadership And Development I Department of Student Activities 1236 TAMU | College Station, TX 77843-0000 ph: 979.458.4371 | erica [email protected] | ------------------------ DIVISION OF STUDENT AFFAIRS | One Division. One Mission.

From: Sent: Tuesday, November 7, 2023 1:12 PM To: Moore, Erica <erica [email protected]> Subject: Re: [Maxient] College Station - On-Campus Residence Hall Good afternoon, I experienced hazing this morning at formation. The entire class of cadets were yelling at me, cursing at me and making fun of me in front of the rest of my unit. One particular student - 389 - named who is a was leading the charge as they surrounded me and were mocking me for being hurt and unable to run. They are making me very uncomfortable being part of as they continue to say hurtful things to me in front of the rest of the unit. They made me continuously do push ups until I was no longer able to, and they kept screaming at me to do it

On Tue, Nov 7, 2023 at 12:01 PM Moore, Erica <erica [email protected]> wrote: Howdy,

Thank you for reaching out to us regarding the incident below. Your report has been received by the Department of Student Activities and will be reviewed to determine any needed further action. If you have any additional information or documentation related to the incident you would like to submit, feel free to reply to this email, or if you would prefer to speak to a staff member directly you may contact me at the number below. Thank you again for your submission, and for your support of our Texas A&M student organization community.

Sincerely,

-Erica

From: [email protected]> Sent: Sunday, November 5, 2023 9:11 PM To: Moore, Erica <erica [email protected]> Subject: [Maxient] College Station - On-Campus Residence Hall

- 390 - - 391 - Supporting Documentation doctorsnote1.pdf doctorsnote2.pdf doctorsnote3.pdf For added security, these links will expire in 10 days. The attachments will remain accessible when viewing the report within Maxient.

Submitted By Your full name

[UNAUTHENTICATED] Routing Information Primary recipient: Erica Moore (Administrative Coordinator, Department of Student Activities) Copied recipients: • Dylan Murray • [email protected] Text msg recipients: None Originating IP address: Submitted through IR layout #1 - 392 - - 393 - Bell Jr, Douglas From: Bell Jr, Douglas Sent: Friday, November 3, 2023 11:35 AM To: Winking, Audrey J Subject: Attachments: Re: DOC 231030 10_53_55.pdf; DOC 231030 15_33_52.pdf Follow Up Flag: Follow up Flag Status: Flagged

FYI for the Investigation Douglas Bell, Ph.D. | Interim Executive Director of Student Community Standards Student Conduct Office | Division of Student Affairs | Texas A&M University 1257 TAMU | College Station, TX 77843-1257 ph: 979.847.7272 | [email protected] | sco.tamu.edu ------------------------ DIVISION OF STUDENT AFFAIRS | One Division. One Mission.

From: Gardner, Jeffery D <[email protected]> Sent: Monday, October 30, 2023 3:57 PM To: Bell Jr, Douglas <[email protected]> Cc: Michaelis, Patrick Ralph <[email protected]>; Simpson, Meredith M <[email protected]> Subject: Sir, Attached is the memo from BG Michaelis regarding the initial inquiry into the acquisitions with supporting documentation.

V/R

Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Accountability and Standards Military Advisor Parsons Mounted Cavalry 979-458-9317

- 394 - Bell Jr, Douglas From: Bell Jr, Douglas Sent: Monday, December 18, 2023 3:24 PM To: Latham, Skylar Cc: Smith, Asia Subject: Investigation Assigned Attachments: Investigation Report.pdf

Howdy, Please see the a ached harassment inves ga on assigned to you. Please let me know if you have any ques ons or concerns.

- 395 - Bell Jr, Douglas From: Winking, Audrey J Sent: Tuesday, December 12, 2023 4:09 PM To: Bell Jr, Douglas Subject: investigation complete

The inves�ga�on report is completed and has been saved in the shared drive.

- 396 - Bell Jr, Douglas From: Bell Jr, Douglas Sent: Monday, November 6, 2023 10:17 AM To: Winking, Audrey J Subject: FW:

From: Simpson, Meredith M <[email protected]> Sent: Monday, November 6, 2023 9:29 AM To: Bell Jr, Douglas <[email protected]> Cc: Gardner, Jeffery D <[email protected]> Subject: Re: Doug, Desiree Ornelaz is the next coinvestigator.

I’ll talk with and see if a new room will alleviate some of his immediate concerns.

Thanks!

On Nov 6, 2023, at 8:37 AM, Bell Jr, Douglas <[email protected]> wrote:

Howdy, Thanks for the update. If you move him to another, it will not impact the investigation. I would like to know who the co‐investigator is so we can begin scheduling with the student and members of the outfit.

From: Simpson, Meredith M <[email protected]> Sent: Sunday, November 5, 2023 5:28 PM To: Bell Jr, Douglas <[email protected]>; Gardner, Jeffery D <jeff [email protected]> Subject: RE: - 397 - Doug, Jeff is out of the office and will return this week. If you need an investigator sooner, I can see who is next up for assignment.

Additionally, there are some extenuating circumstances with this student that also impact his health. If we offer to move him to another room on the is that a violation of any protocols now that SCO investigation is ongoing?

Thanks, Meredith Simpson Oﬃce of the Commandant | Corps of Cadets 1227 TAMU | College Station, TX 77843-1227 ph: 979.845.2811 | [email protected] Academic Questions: [email protected] Corps Virtual Oﬃce: tx.ag/corpsacademics ------------------------ TEXAS A&M UNIVERSITY

From: Bell Jr, Douglas <[email protected]> Sent: Friday, November 3, 2023 3:59 PM To: Gardner, Jeffery D <jeff [email protected]> Cc: Michaelis, Patrick Ralph <[email protected]>; Simpson, Meredith M <[email protected]> Subject: RE: Howdy, Can you please provide a co‐investigator from the Corps regarding this case? We will be initiating an investigation. Thank you in advance.

From: Gardner, Jeffery D <jeff [email protected]> Sent: Monday, October 30, 2023 3:57 PM To: Bell Jr, Douglas <[email protected]> Cc: Michaelis, Patrick Ralph <[email protected]>; Simpson, Meredith M <[email protected]> Subject: Sir, Attached is the memo from BG Michaelis regarding the initial inquiry into the acquisitions with supporting documentation.

V/R - 398 - Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Accountability and Standards Military Advisor Parsons Mounted Cavalry 979‐458‐9317

- 399 - - 400 - - 401 - From: Ramirez Jr, Joe E To: Michaelis, Patrick Ralph; Bell Jr, Douglas Cc: Gardner, Jeffery D; Simpson, Meredith M Subject: RE: [Maxient] College Station - On-Campus Residence Hall - On Date: Tuesday, October 24, 2023 6:26:17 PM

Doug – we agreed to let the Commandant and his staff have 72 hours to conduct their own internal inquiry to determine if there was validity to the report before they sent to SCO. This definitely falls into that category.

Please hold on any further actions until the Commandant and his staff have had the chance to look into this and come back to SCO with what they have discovered.

Patrick – you and your staff have 72 hours to report back to Doug and SCO what you find out about this allegation.

Thanks.

BG Joe E. Ramirez, Jr United States Army (Retired) Vice President for Student Affairs Texas A&M University From: Michaelis, Patrick Ralph <[email protected]> Sent: Tuesday, October 24, 2023 5:45 PM To: Bell Jr, Douglas <[email protected]> Cc: Gardner, Jeffery D <[email protected]>; Simpson, Meredith M <[email protected]>; Ramirez Jr, Joe E <[email protected]> Subject: Re: [Maxient] College Station - On-Campus Residence Hall On Okay Doug. This is not within the MOA agreement. You have every right to do what you want (which you’ve tipped your hand already) after the 72 hour period.

I will discuss with Joe on Thursday.

Michaelis Sent from my iPad

On Oct 24, 2023, at 17:39, Bell Jr, Douglas <[email protected]> wrote: The first report was received today from a Tell Somebody report from a faculty. Within this report it appears that the Corps is aware of this student issue and complaints. The second report is from the student and outlines the same information. I intend to reach out to this student, who is a in the Corps about his concerns about continued harassment. We can discuss tomorrow if needed.

Douglas Bell

- 402 - Please excuse any typo, message sent from I-Phone

On Oct 24, 2023, at 4:46 PM, Michaelis, Patrick Ralph <[email protected]> wrote: Okay… so lay them out. Did we do the 72 hour process on the first one? Are they both from different or the same student? Did we see the first on?

This is why we do this. Thanks.

Sent from my iPad

On Oct 24, 2023, at 14:42, Bell Jr, Douglas <[email protected]> wrote: Yes, but being we have received two reports regarding this situation, I feel that an investigation is warranted.

Douglas Bell Please excuse any typo, message sent from I-Phone

On Oct 24, 2023, at 4:38 PM, Michaelis, Patrick Ralph <[email protected]> wrote: Okay… but isn’t that how almost all reports start?

Sent from my iPad

On Oct 24, 2023, at 14:34, Bell Jr, Douglas <[email protected]> wrote: Being this report is coming from the student I feel an investigation is warranted.

Douglas Bell Please excuse any typo, message sent from I-Phone

- 403 - On Oct 24, 2023, at 4:29 PM, Michaelis, Patrick Ralph <[email protected] u.edu> wrote: Doug - is this a secondary report? If not, let us come back to you within the 72 hour agreement first. As I recall this is one we’ve been working for a while. Jeff can elaborate.

Sent from my iPad

On Oct 24, 2023, at 14:24, Bell Jr, Douglas <douglas b@vpsa. tamu.ed u> wrote:

Howdy, I have receive d the attache d IR and Tell Someb ody Report about the

- 404 - outfit.

SCO will be investig ating this matter.

Can you provide a CTO to co- investig ate.

7272 | dbelljr 3@tamu .edu | sco.tam u.edu ------- -------

- 405 - Bell Jr, Douglas From: Simpson, Meredith M Sent: Monday, November 6, 2023 9:29 AM To: Bell Jr, Douglas Cc: Gardner, Jeffery D Subject: Re:

Doug, Desiree Ornelaz is the next coinvestigator.

I’ll talk with and see if a new room will alleviate some of his immediate concerns.

Thanks!

On Nov 6, 2023, at 8:37 AM, Bell Jr, Douglas <[email protected]> wrote:

Howdy, Thanks for the update. If you move him to another, it will not impact the investigation. I would like to know who the co-investigator is so we can begin scheduling with the student and members of the outfit.

From: Simpson, Meredith M <[email protected]> Sent: Sunday, November 5, 2023 5:28 PM To: Bell Jr, Douglas <[email protected]>; Gardner, Jeffery D <[email protected]> Subject: RE: Doug, Jeff is out of the office and will return this week. If you need an investigator sooner, I can see who is next up for assignment.

Additionally, there are some extenuating circumstances with this student that also impact his health. If we offer to move him to another room on the Quad, is that a violation of any protocols now that SCO investigation is ongoing?

Thanks, Meredith Simpson Oﬃce of the Commandant | Corps of Cadets - 406 - 1227 TAMU | College Station, TX 77843-1227 ph: 979.845.2811 | [email protected] Academic Questions: [email protected] Corps Virtual Oﬃce: tx.ag/corpsacademics ------------------------ TEXAS A&M UNIVERSITY

From: Bell Jr, Douglas <[email protected]> Sent: Friday, November 3, 2023 3:59 PM To: Gardner, Jeffery D <jeff [email protected]> Cc: Michaelis, Patrick Ralph <[email protected]>; Simpson, Meredith M <[email protected]> Subject: RE: Howdy, Can you please provide a co-investigator from the Corps regarding this case? We will be initiating an investigation. Thank you in advance.

V/R

Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Accountability and Standards Military Advisor Parsons Mounted Cavalry 979-458-9317

- 407 - Bell Jr, Douglas From: Gardner, Jeffery D Sent: Tuesday, October 31, 2023 8:50 AM To: Bell Jr, Douglas Cc: Michaelis, Patrick Ralph; Simpson, Meredith M Subject: RE:

Yes Sir.

V/R Lt. Col Jeﬀ Gardner ‘82, USAF (Ret) Assistant Commandant for Accountability and Standards Military Advisor Parsons Mounted Cavalry 979‐458‐9317 From: Bell Jr, Douglas <[email protected]> Sent: Tuesday, October 31, 2023 8:49 AM To: Gardner, Jeffery D <[email protected]> Cc: Michaelis, Patrick Ralph <[email protected]>; Simpson, Meredith M <[email protected]> Subject: RE: Thank you for this information. The Student Conduct Office will follow up with regarding his submission of an Incident report. Depending on the information received from our routine follow‐up, an investigation may still be warranted.

V/R

Lt. Col Jeff Gardner ‘82, USAF (Ret) - 408 - Assistant Commandant for Accountability and Standards Military Advisor Parsons Mounted Cavalry 979‐458‐9317

- 409 - - 410 - - 411 - Supporting Documentation No additional documents were attached to this report.

Submitted By Your full name Position/title/student status Student Your email address Your phone number UIN [UNAUTHENTICATED] Routing Information Primary recipient: Erica Moore (Administrative Coordinator, Department of Student Activities) Copied recipients: • Dylan Murray • [email protected] Text msg recipients: None Originating IP address: Submitted through IR layout #1 Processed by routing rule #189. Routed to Erica Moore, Administrative Coordinator, Department of Student Activities.

Message sent by Maxient Replies will be sent to the submitter

- 412 - From: Bell Jr, Douglas To: Winking, Audrey J Subject: FW: [Maxient] College Station - On-Campus Residence Hall Date: Tuesday, November 7, 2023 2:26:05 PM

From: Murray, Dylan C <[email protected]> Sent: Tuesday, November 7, 2023 1:42 PM To: Bell Jr, Douglas <[email protected]> Subject: Fwd: [Maxient] College Station - On-Campus Residence Hall

Howdy Dylan, I am sending this over to you. I’ve already submitted a report for this and told the student an additional report from him would be helpful as well.

From: Sent: Tuesday, November 7, 2023 1:12 PM To: Moore, Erica <erica [email protected]> Subject: Re: [Maxient] College Station - On-Campus Residence Hall -

- 413 - Good afternoon, I experienced hazing this morning at formation. The entire class of cadets were yelling at me, cursing at me and making fun of me in front of the rest of my unit. One particular student named who is a was leading the charge as they surrounded me and were mocking me for being hurt and unable to run. They are making me very uncomfortable being part of Company as they continue to say hurtful things to me in front of the rest of the unit.

On Tue, Nov 7, 2023 at 12:01 PM Moore, Erica <erica [email protected]> wrote: Howdy, Thank you for reaching out to us regarding the incident below. Your report has been received by the Department of Student Activities and will be reviewed to determine any needed further action. If you have any additional information or documentation related to the incident you would like to submit, feel free to reply to this email, or if you would prefer to speak to a staff member directly you may contact me at the number below. Thank you again for your submission, and for your support of our Texas A&M student organization community.

Sincerely,

-Erica Erica Moore | Administrative Coordinator II Koldus 224G|Student Organization Leadership And Development I Department of Student Activities 1236 TAMU | College Station, TX 77843-0000 ph: 979.458.4371 | erica [email protected] | ------------------------ DIVISION OF STUDENT AFFAIRS | One Division. One Mission.

From: (via Maxient) <[email protected]> Sent: Sunday, November 5, 2023 9:11 PM To: Moore, Erica <[email protected]> Subject: [Maxient] College Station - On-Campus Residence Hall

- 414 - - 415 - Supporting Documentation doctorsnote1.pdf doctorsnote2.pdf doctorsnote3.pdf For added security, these links will expire in 10 days. The attachments will remain accessible when viewing the report within Maxient.

Submitted By Your full name Position/title/student status Student Your email address Your phone number UIN [UNAUTHENTICATED] Routing Information Primary recipient: Erica Moore (Administrative Coordinator, Department of Student Activities) Copied recipients: - 416 - • Dylan Murray • [email protected] Text msg recipients: None Originating IP address: Submitted through IR layout #1 Processed by routing rule #189. Routed to Erica Moore, Administrative Coordinator, Department of Student Activities.

Message sent by Maxient Replies will be sent to the submitter

- 417 - From: Bell Jr, Douglas To: Winking, Audrey J Subject: FW: Date: Friday, November 3, 2023 11:35:18 AM Attachments: DOC 10 53 55.pdf DOC 15 33 52.pdf

V/R

Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Accountability and Standards Military Advisor Parsons Mounted Cavalry 979-458-9317

- 418 - From: Winking, Audrey J To: Ornelaz, Desiree A Subject: RE: Investigation Date: Monday, November 20, 2023 3:37:00 PM

No problem, I went ahead and let my new full-time investigator serve as the co-investigator since he was here already anyways to observe for his training, so we have wrapped up the interviews for today.

From: Ornelaz, Desiree A <[email protected]> Sent: Monday, November 20, 2023 2:31 PM To: Winking, Audrey J <[email protected]> Subject: Re: Investigation I’m so sorry about missing my appointments with you. I will certainly be all day tomorrow and I will cancel my leave if no problem.

Sent from my iPhone

On Nov 20, 2023, at 12:37 PM, Ornelaz, Desiree A <[email protected]> wrote: I appolligize, I am trying to find your office.

Sent from my iPhone

On Nov 20, 2023, at 11:08 AM, Winking, Audrey J <[email protected]> wrote:

Good morning, Just checking to see if you were still able to do the interviews we have at 11, 2, and 3 today?

- 419 - Thanks!

From: Ornelaz, Desiree A <[email protected]> Sent: Tuesday, November 14, 2023 3:10 PM To: Winking, Audrey J <[email protected]> Subject: RE: Investigation Yes, that works. Thank you! I will clear my calendar for Monday so we can finish hopefully before the holiday.

GySgt Desiree A. Ornelaz USMC (Ret) | 1st Regiment Operations Advisor/AMC Advisor/FDTAdvisor Office of the Commandant | Division of Student Affairs | Texas A&M University 1227 TAMU | College Station, TX 77843-1227 ph: 979-458-1034 I [email protected] | ------------------------ Corps of Cadets | We Make Leaders

From: Winking, Audrey J <[email protected]> Sent: Tuesday, November 14, 2023 2:20 PM To: Ornelaz, Desiree A <[email protected]> Subject: RE: Investigation I just looked at their class schedules and it’s going to be really tough to get them in this week in the order I wanted to interview them (complainant first). It looks like would work well for them though – would this work for you?

Complainan Alleged Alleged Let me know if that would work for you and if so, I will send you a calendar appointment and will send them their interview notices!

From: Ornelaz, Desiree A <[email protected]> Sent: Monday, November 13, 2023 8:31 AM To: Winking, Audrey J <[email protected]> Subject: RE: Investigation Sounds great, thank you!

From: Winking, Audrey J <[email protected]> Sent: Monday, November 13, 2023 8:17 AM To: Ornelaz, Desiree A <[email protected]> Subject: RE: Thank you! My goal is to try to fit the interviews in by the end of this week, but if needed we could finish up next Monday/Tuesday while the students still technically have class. So we should be done by the time you leave, but we can definitely Zoom if something major changes and we absolutely have to do any after Thanksgiving.

From: Ornelaz, Desiree A <[email protected]> Sent: Monday, November 13, 2023 8:03 AM To: Winking, Audrey J <[email protected]>

- 421 - Subject: RE: Investigation Thank you so much, It is awesome that you are a .I completely understand always comes first. is moving from here to for work so starting the 22nd I will be on leave to help her move. Hopefully we will be done by then, but if not I can definitely get on zoom or whatever.

From: Winking, Audrey J <[email protected]> Sent: Monday, November 13, 2023 7:57 AM To: Ornelaz, Desiree A <[email protected]> Subject: RE: Investigation Sure, I have attached the reports that have been submitted as well as documentation that I received from the Corps regarding some of the allegations.

Also – I am a and ended up receiving a new Friday afternoon, so I won’t be in the office today but will try to be doing some work from home as I am able. I am hoping that I can get set up to start tomorrow. As soon as I know when she can start , I will schedule the interviews! Sorry for the delay, I had fully intended to do that on Friday. I apologize for any inconvenience this delay is causing but will get these scheduled ASAP once I know when she can go to Sincerely, Audrey Audrey Winking| Senior Student Conduct Investigator Department of Student Community Standards | Division of Student Affairs | Texas A&M University 1172 TAMU | College Station, TX 77843-1257 ph: 979.847.7272 |audrey [email protected]| sco.tamu.edu

From: Ornelaz, Desiree A <[email protected]> - 422 - Sent: Monday, November 13, 2023 7:53 AM To: Winking, Audrey J <[email protected]> Subject: Investigation Good morning, I was wondering if there are any notes or anything I should read concerning this case. Thank you.

From: Winking, Audrey J <[email protected]> Sent: Wednesday, November 8, 2023 12:37 PM To: Ornelaz, Desiree A <[email protected]> Subject: Investigation Hi Desiree, I was told that you will be helping me with the investigation. I am planning on setting up interviews to take place next week. Would you mind sending me your availability for next week when you have a chance?

I am hoping to send the students their notices by the end of this week.

Thanks, and looking forward to working with you!

- 423 - From: Bell Jr, Douglas To: Winking, Audrey J Subject: FW: SQ 21 incidents ICO (SQ 6) Date: Friday, October 20, 2023 9:27:01 AM Attachments: Request to Transfer Document Concerning .pdf Incident.pdf

Howdy, I have received this information and I an recommending an investigation. I have requested a military advisor (CTO) to co-investigate.

From: Michaelis, Patrick Ralph <[email protected]> Sent: Friday, October 20, 2023 8:06 AM To: Bell Jr, Douglas <[email protected]> Cc: Gardner, Jeffery D <[email protected]> Subject: FW: incidents Doug – I read through these documents in detail this morning. I am bothered by the conduct of the in this outfit. The first document is the one that really stands out (request to transfer).

Before I act here, I’d like your perspectives if there is any form of violation of university hazing standards here. patrick BG Patrick R. Michaelis ‘93, US Army (Ret.)

Commandant 1227 TAMU | College Station, TX 77843-1227 ph: 979.845.2811| ------------------------ Corps of Cadets | Texas A&M University

From: Anderson, Chauncy Jovan <[email protected]> Sent: Wednesday, October 18, 2023 6:47 AM To: Michaelis, Patrick Ralph <[email protected]> Cc: Fleming, John D <[email protected]>; Gardner, Jeffery D <[email protected]> Subject: incidents Good Morning Sir, I finally received the additional info last night regarding Cadet . Below is the original email from last month but I’ve also attached the additional document that I received last night as well. She

- 424 - stated also having an audio file that she sent her mother the night that it happened. She’s working on getting that to me. If you have any questions please let me know.

From: > Sent: Tuesday, September 26, 2023 7:45 PM To: Anderson, Chauncy Jovan <[email protected]> Subject: Meeting 09/28 Good evening Master Sergeant Anderson, My name is . I'm a cadet in and a from I was in the same outfit as when in the Corps of Cadets. My time in , , has been incredibly different than my time spent in . If you're available this and I would love to meet with you and discuss our experiences and perhaps receive some advice to navigate our new circumstances.

I truly believe that transferring to was the best choice for me, and I'm truly grateful to Mr. Garza and Ms. Peters for allowing me to find somewhere I am a better fit, however, I also believe that many of my buddies, including would have remained in the Corps of Cadets had they begun their time in a different outfit or made the transfer as I did. I do not say this lightly, and I truly think that discussing our experience would benefit our buddies who remain in .

Best wishes,

- 425 - From: Winking, Audrey J To: Leible, Jason Aaron Subject: RE: interviews postponed Date: Tuesday, November 7, 2023 3:32:00 PM

Thank you!

From: Leible, Jason Aaron <[email protected]> Sent: Tuesday, November 7, 2023 3:32 PM To: Winking, Audrey J <[email protected]> Subject: RE: interviews postponed Yes, I can do Monday.

From: Winking, Audrey J <[email protected]> Sent: Tuesday, November 7, 2023 3:30 PM To: Leible, Jason Aaron <[email protected]> Subject: RE: interviews postponed just emailed me saying he will be out of town on Friday…can you do 2:00pm on Monday 11/13? If so, then I will try to move one of our Friday students so that we don’t have an hour in between the two.

From: Leible, Jason Aaron <[email protected]> Sent: Tuesday, November 7, 2023 10:01 AM To: Winking, Audrey J <audrey [email protected]> Subject: RE: interviews postponed Yes, I changed the date to 10 Nov for Friday. v/r

From: Winking, Audrey J <[email protected]> Sent: Tuesday, November 7, 2023 9:57 AM To: Leible, Jason Aaron <[email protected]> Subject: RE: interviews postponed Here’s what I am thinking, let me know if this works for you and then I can send their notices and will send you calendar appointments: Wednesday, 11/8: 2:00pm – 3:00pm – Friday, 11/10: 9:00am – 10:00am – 11:00am – Will that work?

From: Leible, Jason Aaron <[email protected]> Sent: Tuesday, November 7, 2023 9:37 AM To: Winking, Audrey J <[email protected]> Subject: RE: interviews postponed Thursday, I have a Veterans day speech to do for a high school. 0750-1000hrs 1430hrs I have a meeting to attend.

- 427 - From: Winking, Audrey J <[email protected]> Sent: Tuesday, November 7, 2023 8:27 AM To: Leible, Jason Aaron <[email protected]> Subject: RE: interviews postponed Good morning, I’m back in the office sooner than expected. Can you please send me your availability for tomorrow through the end of the week? I will work on rescheduling our interviews from yesterday. I did also get the names of those who punched from the so I will add a couple interviews for them as well.

From: Leible, Jason Aaron <[email protected]> Sent: Monday, November 6, 2023 8:05 AM To: Winking, Audrey J <[email protected]> Subject: RE: interviews postponed Ok, thanks for letting me know. v/r Jason MAJ Jason A. Leible, USA (Ret) | Operations Advisor, 1st Brigade Office of the Commandant| Division of Student Affairs | Texas A&M University Dorm 5, Room 301 | College Station, TX 77843-0000 | mobile: | [email protected] ------------------------ Corps of Cadets | We Make Leaders

From: Winking, Audrey J <[email protected]> Sent: Monday, November 6, 2023 6:35 AM To: Leible, Jason Aaron <[email protected]> Subject: interviews postponed Good morning,

- 428 - I am going to have to be out of the office today (and likely for a couple of days), so the interviews are going to have to be postponed. I will reach out about rescheduling once I know when I will be returning to work. I apologize for any inconvenience!

- 429 - From: Winking, Audrey J To: Leible, Jason Aaron Subject: Re: interviews today Date: Thursday, November 2, 2023 7:10:04 PM

We’ve got at 1:00 Friday. I’ll look at those other names tomorrow morning!

Thanks!

Sent from my iPhone

On Nov 2, 2023, at 4:27 PM, Leible, Jason Aaron <[email protected]> wrote:

Checking on interview times for Friday. Want to make sure I am tracking all.

Also, 2x people we may want to talk with -

I spoke with , if he knew anyone we might want to talk to.

v/r Jason

From: Winking, Audrey J <[email protected]> Sent: Tuesday, October 31, 2023 8:52 AM To: Leible, Jason Aaron <[email protected]> Subject: RE: interviews today Yep I can get that pulled up for you to review before we start!

From: Leible, Jason Aaron <[email protected]> Sent: Tuesday, October 31, 2023 8:52 AM

- 430 - To: Winking, Audrey J <[email protected]> Subject: RE: interviews today Was getting ready to head over, saw the change. On my way at 0900. If I could review the complaint and any information about the case? v/r Jason MAJ Jason A. Leible, USA (Ret) | Operations Advisor, 1st Brigade Office of the Commandant| Division of Student Affairs | Texas A&M University Dorm 5, Room 301 | College Station, TX 77843-0000 ph: 979.458.1116 | mobile: | [email protected] ------------------------ Corps of Cadets | We Make Leaders

From: Winking, Audrey J <[email protected]> Sent: Tuesday, October 31, 2023 8:50 AM To: Leible, Jason Aaron <[email protected]> Subject: interviews today Good morning, Just wanted to make sure you saw that I had to slightly adjust the interview times for this morning! So we start at 9:30 instead of 9.

See you in a bit!

- 431 - From: Leible, Jason Aaron To: Winking, Audrey J Subject: RE: rescheduling today Date: Tuesday, November 14, 2023 9:03:15 AM

I think we can work with it. v/r Jason

From: Winking, Audrey J <[email protected]> Sent: Tuesday, November 14, 2023 9:02 AM To: Leible, Jason Aaron <[email protected]> Subject: RE: rescheduling today Okay maybe we do this…

Please describe in detail any situations/instances that you’ve experienced that: you believe may have been hazing were concerning to you caused you to question what was happening These may include, but are not limited to: making/remaking your rack over and over, rapidly changing uniforms, standing on the wall with 5 points at attention for extended periods of time, participating in “training” or “gentleman’s” chow, having to use EST for Corps-related tasks, being asked to do Corps-related tasks during the academic day, etc.

Thoughts on that? If there’s anything I missed that you think should be included in that list, let me know or feel free to add it!

From: Leible, Jason Aaron <[email protected]> Sent: Tuesday, November 14, 2023 8:56 AM To: Winking, Audrey J <[email protected]> Subject: RE: rescheduling today Howdy Audrey,

- 432 - - 433 - Sent: Monday, November 13, 2023 7:38 AM To: Leible, Jason Aaron <[email protected]> Subject: rescheduling today Good morning, Since I got my new late on hasn’t gotten set up yet, so I will be out today with her. I will check in with the caseworker later today to try and make sure it gets submitted/approved today! I will reschedule interview from today once I know when I will be back in the office. Can you send me your availability for the rest of the week?

Also, I spoke with Dr. Bell and he said that it would be great if you can ask MSgt. to have the in submit written statements to him about anything that’s taken place that they have found concerning.

Thanks so much! And sorry I am out again and having to reschedule another one!

- 434 - From: Leible, Jason Aaron To: Winking, Audrey J Subject: RE: Investigation Date: Friday, October 27, 2023 11:19:49 AM

Howdy Audrey, I’ll put them on my calendar. v/r Jason MAJ Jason A. Leible, USA (Ret) | Operations Advisor, 1st Brigade Office of the Commandant| Division of Student Affairs | Texas A&M University Dorm 5, Room 301 | College Station, TX 77843-0000 ph: 979.458.1116 | mobile: | [email protected] ------------------------ Corps of Cadets | We Make Leaders

From: Winking, Audrey J <[email protected]> Sent: Friday, October 27, 2023 8:41 AM To: Leible, Jason Aaron <[email protected]> Subject: RE: Investigation I just sent calendar appointments for what I am planning on scheduling. I plan on sending their interview notices out later today.

From: Winking, Audrey J Sent: Wednesday, October 25, 2023 3:48 PM To: Leible, Jason Aaron <[email protected]> Subject: RE: Investigation Thank you! My Monday afternoon is already full so I will plan on scheduling interviews for Tuesday and Wednesday (I will make sure to work around the times you listed below for those days). I will probably have us hold Friday in case we determine we need to interview additional people after the Tuesday and Wednesday interviews.

I will try to get schedules confirmed tomorrow, but if not I will for sure get calendar appointments to

- 435 - you Friday!

From: Leible, Jason Aaron <[email protected]> Sent: Wednesday, October 25, 2023 3:39 PM To: Winking, Audrey J <[email protected]> Subject: RE: Investigation Audrey, Howdy, I listed when I currently have hard times that I must meet for next week.

Monday – Meeting 0845-0945; Class 1020-1130 Tuesday- OPS&TRNG MTG 1430-1530 Wednesday – Class 1240-1330 Thursday Friday v/r Jason MAJ Jason A. Leible, USA (Ret) | Operations Advisor, 1st Brigade Office of the Commandant| Division of Student Affairs | Texas A&M University Dorm 5, Room 301 | College Station, TX 77843-0000 ph: | mobile: | [email protected] ------------------------ Corps of Cadets | We Make Leaders

From: Winking, Audrey J <[email protected]> Sent: Wednesday, October 25, 2023 10:47 AM To: Leible, Jason Aaron <[email protected]> Subject: Investigation Good morning,

- 436 - I was told that you will be my co-investigator for the investigation. Would you mind sending me your availability for next week so that I can begin scheduling interviews? I will send you calendar appointments as I get them scheduled.

Thanks!

- 437 - Bell Jr, Douglas From: Smith, Asia Sent: Tuesday, March 19, 2024 4:24 PM To: Bell Jr, Douglas Subject: RE:

Thank you. I will oﬃcially assign it to Skylar tomorrow.

From: Bell Jr, Douglas <[email protected]> Sent: Tuesday, March 19, 2024 4:12 PM To: Smith, Asia <[email protected]> Subject: Howdy, I have placed the inves ga on report in your intake folder. Please let me know if you have any ques ons.

- 438 - Bell Jr, Douglas From: Doughty, Jeanae Sent: Tuesday, January 17, 2023 8:27 AM To: Bell Jr, Douglas Cc: Upshaw-Brown, Jaclyn B Subject: Investigation Report Submission Attachments: FINAL Sample Investigtion Report -

Howdy, Please find the completed investigation report related to the incidents involving attached.

- 439 - EXHIBIT 15 03:25 PM View Submitted Application: Internal: Student 04/05/2024 Affairs Coordinator Page 1 of 5

Contact Information Recruiters can reach out to you about this application using the public contact information from your worker profile below.

Email [email protected] (Work) Phone Number Experience Company Texas A&M University Title Student Affairs Coordinator Location Student Conduct Office Start Date End Date Responsibilities and Supervision and training of full time administrative support staff.

Achievements Student conduct case administration.

Facilitate training and outreach opportunities.

Company Texas A&M University Title Associate Coordinator Location Student Conduct Office Start Date End Date Responsibilities and Supervision of graduate assistant, including hiring and training.

Achievements Student conduct administration.

Facilitate hazing prevention trainings, hazing education workshops, and ethics and decision making workshops.

Company Texas A&M University Title Community Director Location Residence Life Start Date End Date Responsibilities and Supervise resident advisors.

Achievements Manage residence halls, keys, budgets, and more.

Advise community council.

Serve in on-call duty rotation.

Plan events and programs for the on campus residents.

Company Texas A&M University Title Graduate Hall Director/Graduate Resident Manager Location Residence Life Start Date End Date Responsibilities and Achievements Replace the Experience information in my profile with this information No Education Country United States of America School Texas A&M University Degree Doctorate Degree Received

- 440 - 03:25 PM View Submitted Application: Internal: Student 04/05/2024 Affairs Coordinator Page 2 of 5

Field of Study Higher Education Administration First Year Attended 2018 Last Year Attended GPA

Country United States of America School Texas A&M University Degree Masters Degree Received Field of Study Education Administration First Year Attended 2014 Last Year Attended 2016 GPA

Country United States of America School Maryville University of Saint Louis Degree Bachelors Degree Received Field of Study First Year Attended 2010 Last Year Attended 2013 GPA Replace the Education information in my profile with this information No Certifications none entered Language none entered Skills none entered Resume / Cover Letter Questionnaire 1. Default Primary Questionnaire - Internal Career Site 09/22 Question Answer(s) If this position is located in the United States and you are selected, would you now or in the future require No sponsorship for immigration-related employment authorization (e.g. H1-B, O-1, E-3, TN)?

- 441 - 03:25 PM View Submitted Application: Internal: Student 04/05/2024 Affairs Coordinator Page 3 of 5

Question Answer(s) Texas Government Code, Section 657, as amended, requires that a state agency or institution of higher None of the above education must provide employment preference to individuals who qualify for a veteran's employment preference. An individual who qualifies for a veteran's employment preference is entitled to a preference in employment with or appointment to a state agency or institution of higher education over other applicants for the same position who do not have a greater qualification.

You are not obligated to respond to State Veteran's Preference demographics; however, your response is important to meet federal and state reporting requirements. Information you provide will remain confidential in accordance with applicable federal and state regulations. Your employment will not be adversely affected by information you furnish.

Do you qualify for State of Texas veteran employment preference based on the four definitions below?

I am 25 years of age or younger and was under the permanent managing conservatorship of the Texas No Department of Family and Protective Services on the day preceding my 18th birthday. If hired and claiming foster child status, you will be required to provide verification of such status.

To comply with The Texas A&M University System policy on nepotism, answer the following question. Are No you related to any current Texas A&M University System employee, official or regent?

If yes, state his/her name, relationship and the A&M System institution or agency.

Have you ever worked for the State of Texas? Yes If yes, please indicate the agency and start/end dates of employment. Texas A&M, August 2014-current

- 442 - 03:25 PM View Submitted Application: Internal: Student 04/05/2024 Affairs Coordinator Page 4 of 5

Question Answer(s) Yes, I have read and consent to the terms and conditions Application Terms and Conditions I certify the statements made by me in this application and materials supplied by me as part of my employment application are true, complete and correct to the best of my knowledge and belief and made in good faith. I understand that any falsification, misrepresentation, or omission of fact made herein or at any point in the hiring process may (a) void my application, (b) be cause for denial of employment or immediate termination of employment, regardless of when or how it was discovered. I agree to revise this application should any of the information change.

I authorize Texas A&M System members to conduct checks relating to my employment, education and any licenses. I also authorize all current and prior employers to provide full details concerning my past employment and I release them from all liability that may result from providing such truthful information. I understand that this history check may be required as specified by the appropriate System Member.

The Texas A&M System members are at-will employers and may dismiss employees with or without cause. I understand that if employed by a member of The Texas A&M System I will be an at-will employee and may be dismissed from employment with or without cause unless I have a legally different status.

I understand that if I am male, I am required to sign a Certification of Registration Status for the Selective Service as a requirement for employment. I further understand if I am a male age 18 through 25, I must show proof of registration with Selective Service at the time of hire.

I understand that any offer of employment is contingent upon my completing the U.S. Citizenship and Immigration Services Form I-9 and providing documents to verify my identity and employment eligibility as required by law. When completing the Form I-9, I will be required to attest that I am a citizen or national of the U.S., a lawful Permanent Resident or an alien authorized to work. I understand that as conditions of employment, I will be required to comply with U.S. export control regulations, clear a background check, and provide the TAMUS member all required employment documentation.

I acknowledge that by checking the certification statement below, I am ELECTRONICALLY SIGNING the Employment Application and affirming that information contained within this application is accurate and true.

You have responded to the Term and Conditions that you do not consent, which will cause your application to be removed from consideration.

- 443 - 03:25 PM View Submitted Application: Internal: Student 04/05/2024 Affairs Coordinator Page 5 of 5

Question Answer(s)

Application Terms and Conditions I certify the statements made by me in this application and materials supplied by me as part of my employment application are true, complete and correct to the best of my knowledge and belief and made in good faith. I understand that any falsification, misrepresentation, or omission of fact made herein or at any point in the hiring process may (a) void my application, (b) be cause for denial of employment or immediate termination of employment, regardless of when or how it was discovered. I agree to revise this application should any of the information change.

Questionnaire TAMU_U9798_Student Affairs Coordinator Question Answer(s) Select the response that best represents your years of education. Completed a Master's degree Select the response that best represents your years of experience student affairs work or related specialty 8 area.

- 444 - Audrey Winking

EDUCATION: Texas A&M University College Station, TX Ph.D. in Educational Administration Anticipated: May 2023 Texas A&M University College Station, TX Master of Education in Educational Administration May 2016 Student Affairs Administration in Higher Education Maryville University St. Louis, MO Bachelor of Arts in Organizational Leadership – Cum Laude December 2013 Concentration: Rehabilitation Services Regent’s College London, England Study Abroad June 2011

EXPERIENCE: Texas A&M University – Student Conduct Office College Station, TX Associate Coordinator February 2020 – present • Review reports for potential violations of the Student Code of Conduct • Meet with students, witnesses, advisors, and other stakeholders to resolve cases and assign appropriate educational sanctions • Hire, train, and supervise the Graduate Assistant • Update and facilitate Hazing Education Workshops and Hazing Prevention Trainings • Facilitate Ethics and Decision-Making Workshops • Serve on various working groups and committees, including a multi-office group focused on establishing accommodations in the conduct process for Aggie ACHIEVE students, the Department Unity committee, the Professional Development and Staff Training committee, and a full-time staff search committee • Additional responsibilities during Summer 2021, including but not limited to: o Supervise full-time staff members o Supervise, evaluate, and hire student employees o Review all incoming reports, determine potential rule violations, assign cases to staff o Process incoming investigation reports o Prepare paperless process for resuming in-person conduct conferences and panels o Draft and send all letters to students o Run analytics and sanction reports o Collaborate with campus partners for various presentations and trainings

- 445 - Audrey Winking Texas A&M University – Residence Life College Station, TX Community Director January 2016 – February 2020 • Supervise 1-2 Graduate Hall Directors • Supervise 11-16 undergraduate Resident Advisors o Includes oversight of multiple buildings, including Corps dorms, for a total of 480-740 residents • Work through the student conduct process and hold student conduct conferences in hall • Collaborate with the Student Conduct Office on co-adjudications and serve on conduct panels • Participate in an on-call duty rotation for all on-campus residence halls (approximately 10,000 residents) • Refer students to various campus and community resources • Facilitate training presentations for the RAs and GHDs • Advise a Community Council and manage the budget (about $1000-$1300 per semester) • Assist in the recruitment and selection of resident advisors • Follow through with the department’s accountability model for staff members • Manage the facilities for summer conferences, including meeting with camp and conference sponsors • Serve on two Residence Education committees (RA Training and Summer Operations) Texas A&M University – Residence Life College Station, TX Graduate Resident Manager May 2015 – December 2015 • Prepared the facility for opening Fall 2015 to house over 1200 primarily freshmen • Hired and supervised undergraduate student workers (office assistants and resident advisors) • Developed the RAs’ programming model based on the department’s academic initiatives • Planned a program (with a $1000 budget) to take place the first week of classes to build community • Established a community council for the White Creek Apartments, including recruiting members and officers, creating a constitution, and completing the steps for student organization recognition • Advised the White Creek Community Council and managed the budget (about $2500 per semester) • Supervised the 21 RAs’ programming efforts (including budget) for the entire White Creek Apartments • Worked through the student conduct process and held student conduct conferences • Participated in an on-call duty rotation for on-campus apartments (approximately 2100 residents) • Served on a Residence Education committee (RA Training and Development)

Texas A&M University – Athletics College Station, TX Center for Student Athlete Services Intern August 2015 – December 2015 • Worked one on one with 13 student athletes that were high-risk for losing NCAA eligibility • Created Week at a Glance (WAG) charts for each athlete to help them keep up with coursework • Completed administrative tasks around the office as needed when not meeting with an athlete

Association for Student Conduct Administration (ASCA) College Station, TX Practicum Intern May 2015 – July 2015 • Assisted in planning the 2015 Gehring Academy, Title IX workshops, and webinars • Began a historical project by doing research and setting up the methodology for collecting the data, as well as conducting interviews with the organization’s original members

- 446 - Audrey Winking • Attended the Gehring Academy (July 2015) to assist throughout the conference, including helping with registration and set up/clean up • Attended the ASCA Annual Conference (February 2016 and 2017) and assisted throughout the conference, including helping with registration and collecting items for and setting up the silent auction

Texas A&M University – Residence Life College Station, TX Graduate Hall Director August 2014 – May 2015 • Co-supervised staff of 15 resident advisors in two separate residence halls (about 450 residents) • Advised two student organizations (hall councils) • Served on a Residence Education committee (First Year Experience) • Developed and used conflict resolution, mediation, and student conduct adjudication skills • Understood and worked within the student conduct process • Managed Hall Council and staff programming budgets • Performed facility management duties, including managing keys for both residence halls • Participated in duty rotation for half of the university’s residence halls

INVOLVEMENT: • Conflict Mediation Certificate • Green Dot Training (Bystander Intervention) • QPR Training (Question, Persuade, Refer – Suicide Prevention Training) • Gehring Academy Attendee – 2015, 2019 (Foundations), 2020 (Conflict Resolution), 2021 (Equitable & Inclusive Practices) • ASCA Annual Conference Attendee – 2016, 2017, 2021 • ASCA Member – Association for Student Conduct Administration • SWACUHO Conference Attendee (Southwest Association of College and University Housing Officers) • ACUHO-I Annual Conference Attendee – 2016 • Summer Operations Committee Member • First Year Experience Committee Member • Community Director Selection Committee Member • Resident Manager Search Committee Member • Graduate Hall Director Selection Committee Member • Resident Advisor Training and Development Committee Member • Graduate Hall Director Training and Development Committee Member • SWACURH 2015 Advisor – Dining and Hospitality Committees (Southwest Affiliate of College and University Residence Halls) • National Night Out (Texas A&M University Campus Safety Week) Committee Member and Volunteer • AFSAP Member – Association of Future Student Affairs Professionals

- 447 - - 448 - Sam Houston State University/Huntsville, Texas 2020-2022 Assistant Director of Greek Life  Provide comprehensive advising leadership to 30+ social Greek-letter organizations, Interfraternity Council, Multicultural Greek Council, National Pan-Hellenic Council, Panhellenic Association, and the Greek honor society Order of Omega.  Develop and maintain educational workshop series for Greek students focusing on leadership, chapter development, wellness programs, risk management and risk- reduction education, community service initiatives, and membership recruitment.  Serve as a liaison to inter/national offices, chapter advisors, faculty advisors, housing corporations, alumni, and members of the University community.  Advise the coordination of formal and informal fraternity and sorority recruitment efforts.  Oversee data collection and database management for fraternities and sororities.

Maintain active and current records on membership, conduct matters, retention, and scholastic achievement of all Greek-letter organizations.  Assist the Associate Dean with the coordination and oversight of Greek traditional events, including Greek Week, the Greek Awards program, and Bearkat Bolt 5K.  Serve as a member of the Dean of Students Office department leadership team providing support to other areas within Dean of Students Office, assisting in the planning and coordination of University traditions such as Bearkat Family Weekend and Homecoming.  Help manage University’s Greek standards.  Be able to create PR and marketing content related to the Greek life office, i.e. booklets, pamphlets, videos, etc.  Be one of the sole account users of all office related social media accounts.  Act as a student advocate, providing personal advice and appropriate referrals to students seeking assistance.  Be willing and able to travel with students or alone to various conferences.

PUBLICATIONS Journal Papers in Review  Taplette, M.T., “Review of Colormute by Mica Pollock,” Submitted to Childhood Education, vol. 83, no. 3, 2007, pp. 181-186.

PRESENTATIONS Paper Presentation  “Minority Males and College Athletics,” Graduate Symposium Azusa Pacific University, December 2020.  “Minority Athletes at Division I-A Institutions: Should they be paid?” Texas A&M University, May 2016.

M. Taplette - 2

- 449 - Keynote Address  “Making it Work: Keys to Success for Minority Students on Predominately White Universities,” Black College Professionals Conference, May 2018.

Workshop  “Student Success in the 21st Century,” Moorpark College Student Success Day, May 2022.  Taplette, M. (2019), “Staff Development for Mid-Career Faculty.” Presented at the Bryan ISD staff development conference, Bryan, TX.  Taplette, M. (2017), “Youth Suicide Prevention.” Presented to Brazos County Public School Special Education Teachers in In-service Day, Bryan, TX.  Taplette, M. (2016), “Creating Effective Schools,” seminar at the Association of Professional Educator of Texas, Austin, TX  Special Education Facilities In-service Conference, Bryan, TX.

PROFESSIONAL TRAINING National Workforce Institute NASPA/SACSA Mid-Managers Institute, Participant, Duke University NASPA Doctoral Students Workshop, St. Louis, Missouri Student Activities Diversity Committee, Chair, Criswell College Upward Bound Program, Mentor, East Texas State University Intercultural Leadership Seminar, facilitator, Howard Payne University University Retention Initiative, Co-Chair, Howard Payne University Department of Residence Life Diversity Committee, Texas A&M University Department of Residence Life Resident Advisor Training Class, Facilitator, Texas A&M University PROFESSIONAL AFFILIATIONS Southern Association for College Student Affairs National Association of Student Personnel Administrators COMMUNITY SERVICE Save our Streets Ministry Board of Directors, Bryan, TX, February 2003 to Present Pop Warner Little Scholars Regional President, Brazos Valley, May 2007, to May 2014 Boy Scouts of America

M. Taplette - 3

- 450 - Assistant Scout Leader Troop 976, Bryan, TX, 2005 to 2013 LANGUAGES English: Native Language Spanish: Intermediate Listener, Novice Speaker COMPUTER SKILLS  Microsoft Office  Spreadsheets  PowerPoint  Microsoft Access  QuickBooks  Email  Web and Social Skills  Graphic and Writing Skills

M. Taplette - 4

- 451 - REFERENCES John Yarabeck, Dean of Students Campus Life & Student Relations McMurry University 1400 Sayles Blvd. Abilene, TX 79605 936-577-1444

Dr. Rachael Valle, Director Student Activities Sam Houston State University 1905 University Avenue Huntsville, TX 77340 936-294-3588 [email protected] Dr. Jerrell Sherman, Associate Dean Dean of Students Office University of Houston 4455 University Dr. Student Center South RM 256 Houston, TX 77204-3035 713-992-0038 [email protected] Dr. Michael Thornton, Clinical Assistant Professor Health & Kinesiology Texas A&M University Blocker College Station, TX 77843 (979) 845-3109 [email protected] Dr. John Singer, Tenured Professor Health and Kinesiology Texas A&M University 355-B Blocker E Harrington Office Building College Station, TX 77843 (979) 845-5497 [email protected]

M. Taplette - 5

- 452 - EXHIBIT 16 FRANK WOOD

PRI Email: [email protected] ALT Email:

Objective To earn a Doctorate in Education (Curriculum & Instruction) to collaborate with the Hollingsworth Center improve the SOMs curriculum and overall delivery of the leadership pedagogy at TAMU.

Summary • One year as a Corps OPS Coordinator II/Military Advisor and SOMs instructor with Office of the Commandant TAMU • Three years as a Cadet Training Officer III and SOMs instructor with Office of the Commandant TAMU • Seven years as a US Army JROTC Army Instructor • 30 years of experience in Leadership and Training in the US Army. • Developed and implemented training and special programs for Combined Arms Operations. • Evaluated and managed Personnel Specialists to ensure performance objectives were met consistently. • Experienced in Information Technology and proficient in working with Digital Projectors and Video Camera systems, Microsoft Suite, the Army C4ISR and battle command automated systems including FBCB2, MCS, MBTR, ASIP, BFT. • Recognized numerous times for outstanding job performance.

Education • Currently enrolled in Ed D Cohort XIV EDCI TAMU (4.0 gpa) • Graduate of Basic and Advanced JROTC School of Cadet Command Instructor Certification Course, Fort Knox, KY • Graduate, M. Ed, C&I, TAMU, College Station, TX (3.8 gpa) • Graduate, BS degree, Liberal Arts, Excelsior College, NY (3.5 gpa) • Graduate, AA degree, General Study, Central Texas College, TX (3.0 gpa) • Command Sergeant Major Training, Fort Leavenworth, KS • US Air Force Sergeants Major Course, Maxwell-Gunter Annex, AL • First Sergeant School, Fort Bliss, TX (Commandants’ List) • Fast ROPE Master training, Fort Campbell, KY • Sabaluaski Air Assault School, Fort Campbell, KY (Distinguished Graduate) • Small Group Leader Instructor Trainers Course, Fort Bragg, NC • Maneuver Senior Leaders Course, Fort Benning, GA (Commandants’ List) • Pathfinder School, Fort Benning, GA • Advanced Airborne Course (Jumpmaster), Fort Bragg, NC • Air movement Operations Course, Fort Bragg, NC • Ranger School, Fort Benning, GA • TRADOC Small Group Instructor Trainer school, Fort Jackson, SC • Drill Sergeant School, Fort Jackson, SC (Commandants’ List)

- 453 - • Infantry Advanced Leaders Course, Fort Benning, GA (Commandants’ List) Work Experience st Corps OPS Coordinator II/1 BDE Military Advisor, Office of the Commandant TAMU, College Station TX JUL 2020-Currently Supervisor: John Fleming Asst CMDT OPS & TRNG (979) 862- 4311; [email protected] Contact: Yes Assists the Commandant, Deputy Commandant, and Assistant Commandants with the oversight of daily operations, facilities, services, and activities which contribute to missions of the Office of the Commandant and the Corps of Cadets, the learning environment and overall quality of cadet life. Ensures appropriate dining hall practices, customs, etiquette, and decorum are observed and maintained. Serves as an advisor to the Duncan Dining Council. Approves and supervises unit physical training programs. Conducts periodic dorm room, uniform, and individual inspections of cadets to ensure compliance with Corps Policies and The Standard. Assists cadets at the Unit, Major Unit, and Corps Level in the planning and conduct of events to include, but not limited to Corps Trips, parades, reviews, ceremonies, and march-ins. Advise, recognize and sponsored Student Organizations. Responds and coordinates action during contingencies and emergencies.

Keeps the Commandant, Deputy Commandant, and Assistant Commandant for Operations and Training informed of serious incidents and problems. Represents the Assistant Commandant for Operations and Training in his/her absence and makes decisions as delegated.

• Capably schedules and advises the cadet supervision the Freshman Orientation Week event that efficiently and effectively assists over 700 incoming cadets assimilate and inculcate into the cadet and academic experience of TAMU.

• Expertly instructs two sections of SOMs and manages the curriculum, content, delivery, and scheduling of SOMs 181 sections.

• Diligently performs 24-hour duty and oversight of the Quad as the Commandants Duty Officer.

• Routinely performs march in support and sideline oversight to support the boot line and other student activities during all home and select football games.

JROTC Army Instructor, “Eagle Battalion” CE Ellison HS, Killeen TX AUG 2012-JUN 2020 Supervisor: Elise Jacko AP – (254) 336-0600; [email protected] Contact: Yes Annually educates over 200 high school students in the areas of leadership, academics, athletics, while motivating them to be better citizens. Coached and sponsored special performance and exhibition teams in synchronized drill and ceremonies and academic challenges for Military Skills Meets and competitions across the great state of Texas. Worked diligently to earn the Honor Unit award for one Annual Formal Inspection and the most recent JROTC Program Accreditation.

• Developed strategies to ensure the JROTC program surpassed accreditation standards and earned distinguished ratings.

• Implemented an interactive journal for all cadets in all grades to develop reflective thinking skills and improve academic rigor.

- 454 - • Coached and mentored three cocurricular competition teams that routinely competed and won titles across the state of Texas.

Command Sergeant Major, 1-8th Calvary Regt, Fort Hood, TX Aug 2010 – Jul 2012 Supervisor: COL Sicoli, Peter – (516) 376-7386; [email protected]; Contact: Yes Mentored and influenced for over 1100 men and women in Combined Armed Battalion Combat team during Garrison and combat operations. As a top senior enlisted executive manager, provided sound advice to the Commander on all matters pertaining to enlisted personnel including assignment, training, education, professional development, morale, welfare, and performance evaluation.

• Directly responsible for this organization earning the Meritorious Unit Citation for successful transition of U.S. Forces in support of Operation New Dawn, Iraq.

• Developed and implemented the battalion Abrams Tank and Bradley IFV resulting in 100% crew qualification and 97% 1st time qualification rates.

• Commended by the 1st Cavalry Division Deputy Commanding General-Maneuver for his expert training and evaluation of six infantry platoons during combined arms live fire exercises.

• Prepared and led five leader professional development sessions on topics about the history of Iraq, ethnic diversity in the Diyala and sectarian fault lines of the Iraqi Northern provinces, and so was recognized as the most technically and tactically proficient battalion command sergeant major in the brigade.

• Managed the battalion volunteer recognition ceremonies and organization celebrations that honored the soldiers and their families for providing dedicated service to our community, greatly increasing esprit de corps, morale, and camaraderie.

G3 Operation SGM, 7th US Army JMTC, Grafenwoehr, Germany, Nov 2009 - Aug 2010 Supervisor: CSM (ret) ZaGara, Darieus – (304) 535-5394; [email protected]; Contact: Yes Responsible for all garrison operations and functions related to soldier and family fitness, soldier and family readiness, continued soldier education programs while serving in a community of over 38,000 soldiers, family members, and civilians. Advises and mentors the commanders, panel chairs, and community representatives overseeing all community and garrison functions for the commanding general. Provided oversight, synchronization, and coordination for all the command’s special projects, and community relations.

• Directly responsible for the lead the effort to establish historical displays spanning the 100 years of Grafenwoehr Training Area in support of the centennial celebration.

- 455 - • provided much needed experience regarding Soldiers and their struggles during Community Health Promotion Council and Risk Reduction Program meetings thereby enhancing the programs.

• established a much-needed bridge between many of the community panels/advisory committees and Soldiers and Family's resulting in • presented invaluable input in support of Warrior University that was an absolute success in supporting post deployment soldiers training in achieving college credit.

Command Sergeant Major, 2/2 Stryker Cavalry Regt, Vilseck, Germany, APR 2006– Nov 2009 Supervisor: MG Jones IV, Omar--(571) 358-4420; [email protected]; Contact: Yes Supervisor: COL (ret) Reineke, Myron -- (913) 705-0311; [email protected]; Contact: Yes Mentored and influenced for over 900 men and women in a Stryker Infantry Squadron during Garrison and combat operations. As a top senior enlisted executive manager, provided sound advice to the Commander on all matters pertaining to enlisted personnel including assignment, training, education, professional development, morale, welfare, and performance evaluation.

• Directly responsible for this organization earning the Valorous Unit Award for combat operation during the U.S. Forces surge in support of Operation Iraqi Freedom, Iraq.

• Implemented systems for administrative management that resulted a near perfect176 of 177 or 99.4% of annual enlisted evaluation reports being processed on time.

• Executed a program that efficiently deduced NCO education back log sending soldiers to all levels of leader professional development school and motivated of them to graduate with honors.

• Actively involved in effort to make Composite Risk Management along with the Risk Reduction Program habitual across the formation; resulting in early identification and intervention with high risk Soldiers • Expertly evaluated 6 rifle platoons during live-fire exercises in Bulgaria in support of a USAREUR Theater Security Cooperation deployment exercise • Consistently recognized and commended as one of the best of six senior enlisted advisors in the Regiment.

- 456 - • Time and again sought innovative techniques and procedures to solve training and operational dilemmas and then codified those lessons into standard operation procedures that would be adopted as the regimental standard.

- 457 - Lt Col Jeffery D. Gardner Curriculum Vitae _____________________________________________________________________________________ Education BS in Mechanized Agriculture Texas A&M University 1982 MPA in Public Administration Troy State University 1990 Squadron Officers School 1987 Air Command and Staff College 1996 Armed Forces Staff College 1996 Air War College 1999 Air Force Academic Instructor School 2003 Texas A&M Student Conduct investigator/panel member training 2007 Texas A&M SASH panel member training 2012 Gehring Academy 2023 Teaching Experience Squadron Officers School 1993-1995 Air Force ROTC Texas A&M University 2003-2007 School of Military Science Texas A&M University 2007-Present Professional Experience Corps Accountability and Standards Director 1 October 2023-Present Director, Sanders Corps of Cadets Center, Office of the Commandant, Texas A&M 2008-2023 First Wing Cadet Training Officer, Office of the Commandant, Texas A&M 2007-2008 Professor of Aerospace Studies, Air Force ROTC, Texas A&M 2006-2007 Assistant Professor of Aerospace Studies, Air Force ROTC, Texas A&M, 2003-2006 Command Center Operations Chief, National Airborne Operations Center, Offutt AFB 1999-2003 Chief, SIOP Training, Cheyenne Mountain Air Station, 1996-1999 Operations Officer, Squadron Officers School, Maxwell AFB, 1993-1995 Chief, Command and Control Inspections, USAF Europe, Ramstein AB, 1990-1993 Chief, Command Post, RAF Bentwaters UK, 1987-1990 Instructor ICBM Combat Crew Commander, Malmstrom AFB, 1986-1987 ACP/SCP ICBM Combat Crew Commander, Malmstrom AFB, 1985-1986 Instructor ICBM Deputy Combat Crew Commander, Malmstrom AFB, 1984-1985

- 458 - - 459 - Good Afternoon, Sir, As requested.

Respectfully, Kathryn Quandt Captain | USMC Marine Officer Instructor | NROTC | Texas A&M University (979) 845-1775 (979) 458-6066 ------------------------ TEXAS A&M UNIVERSITY | FEARLESS on Every Front

- 460 - From: Fleming, John D To: Anderson, Chauncy Jovan Cc: Schlather, Byron L Subject: FW: Cadet Date: Wednesday, February 8, 2023 10:50:06 AM

MSgt, FYI below on .

From: Gardner, Jeffery D <[email protected]> Sent: Wednesday, February 8, 2023 10:39 AM To: Michaelis, Patrick Ralph <[email protected]> Cc: BEATY, GARY <[email protected]>; Fleming, John D <[email protected]> Subject: Cadet Sir, We conducted a conduct hearing for the failed urinalysis test for Cadet ,a in He provided a list of prescribed medications he takes for back pain. I consulted a pharmacist and determined the combination of prescribed medications can result in a false positive THC test. The cadet has agreed to participate in future random or directed drug tests. I believe this is a false positive and the matter is closed.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317

- 461 - From: Fleming, John D To: Gardner, Jeffery D Cc: Michaelis, Patrick Ralph; BEATY, GARY; Schlather, Byron L; Anderson, Chauncy Jovan Subject: Urinalysis results Date: Monday, January 30, 2023 4:32:18 PM Attachments:

Jeff, One positive result from our 23 Jan urinalysis, see attached. Cadet is a in Pop is for THC.

There is also one cadet who was on the roster and notified Sunday night 22 Jan, but then he had to leave campus in the middle of the night for a family emergency. He is still at home in He will provide his sample upon return.

- 462 - From: Gardner, Jeffery D To: Michaelis, Patrick Ralph Cc: BEATY, GARY; Fleming, John D; Schlather, Byron L Subject: Date: Tuesday, February 21, 2023 2:27:59 PM Attachments:

Good afternoon Sir, The attachment contains the members of that are being charged. Student Conduct office has determined this to be low level hazing and as such, has given those charged three options: (1) Accept responsibility for all charges and accept the sanctions listed below (2) Choose not to contest the charges and accept the sanctions listed below. (3) Request a Student Conduct Conference to contest the charges.

The sanctions identified by Student Conduct include: 1. Conduct Review through Friday, May 12, 2023.

2. Corps Conduct Review through Friday, May 12, 2023 3. Hazing Education Workshop (HEW), due Friday, April 28, 2023.

I am standing by for your questions.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317

- 463 - From: Gardner, Jeffery D To: Michaelis, Patrick Ralph Cc: BEATY, GARY; Fleming, John D; Schlather, Byron L; Regan III, John M Subject: Additional charges Date: Thursday, February 23, 2023 1:35:00 PM

Good afternoon Sir, An additional cadets from were charged today for hazing resulting from the investigation. These cadets are not facing dismissal from the University. The cadets are:

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317

- 464 - From: Gardner, Jeffery D To: Michaelis, Patrick Ralph Cc: BEATY, GARY; Fleming, John D; Schlather, Byron L Subject: Cadet Date: Wednesday, March 1, 2023 9:23:54 AM

Sir, Yesterday we held a conduct conference for Cadet , He was found responsible for hazing with and has been placed on Conduct Review until 12 May 2023.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317

- 465 - From: Gardner, Jeffery D To: Fleming, John D Cc: Schlather, Byron L Subject: RE: Date: Thursday, March 2, 2023 9:34:10 AM

Sorry. Probation until Dec 2023.

Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Fleming, John D <[email protected]> Sent: Thursday, March 2, 2023 9:33 AM To: Gardner, Jeffery D <[email protected]> Cc: Schlather, Byron L <[email protected]> Subject: RE: Thank you Sir.

From: Gardner, Jeffery D <[email protected]> Sent: Thursday, March 2, 2023 9:29 AM To: Fleming, John D <[email protected]>; BEATY, GARY <[email protected]> Cc: Schlather, Byron L <[email protected]> Subject: RE: Here you go. We need to discuss the future of the on probation.

- one year suspension-withdrew from the university - one year suspension - one year suspension - one semester suspension - one semester suspension - Probation

- 466 - - Probation - Probation - Probation V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Fleming, John D <[email protected]> Sent: Thursday, March 2, 2023 9:25 AM To: Gardner, Jeffery D <[email protected]>; BEATY, GARY <[email protected]> Cc: Schlather, Byron L <[email protected]> Subject: RE: Jeff, I have lost count on these. Can you please give us a full paybook on the and their status.

Chief, For all cadets whose suspension from the University has been upheld, are we cleared hot to inform them of their Corps dismissal and have them start checkout?

From: Gardner, Jeffery D <[email protected]> Sent: Thursday, March 2, 2023 9:08 AM To: Michaelis, Patrick Ralph <[email protected]> Cc: BEATY, GARY <[email protected]>; Fleming, John D <[email protected]>; Schlather, Byron L <[email protected]>; Reilly, Michael <[email protected]> Subject: Sir, I received the following results of the appeals.

- 467 - - Suspension from the University until 29 Dec 2023 - Suspension from the University until 31 May 2023 - Conduct probation- there was no end date in the letter, so I am checking with Title IX. - Suspension form the University until 31 Dec 2024 - Suspension from the University until 29 Dec 2023 V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317

- 468 - From: Gardner, Jeffery D To: Fleming, John D; Schlather, Byron L Subject: Fwd: College Station - On-Campus Residence Hall - 04/07/2023 1:15 AM Date: Friday, April 7, 2023 11:29:30 AM Attachments:

FYI.

Begin forwarded message:

From: "Upshaw-Brown, Jaclyn B" <[email protected]> Date: April 7, 2023 at 8:56:16 AM CDT To: "Gardner, Jeffery D" <[email protected]> Subject: FW: College Station - On-Campus Residence Hall - 04/07/2023 1:15 AM

Sharing this with you; there are no names as of now. Res Life may also be following up to see if they can provide further information.

From: Kaitlin Kopf (via Maxient) <[email protected]> Sent: Friday, April 7, 2023 2:37 AM To: Upshaw-Brown, Jaclyn B <[email protected]> Subject: College Station - On-Campus Residence Hall - 04/07/2023 1:15 AM #00027718 Primary recipient (awaiting your action in Maxient) Campus Community Incident Report Background Information Campus Location College Station Status of the Alleged Offender Student Date of incident 2023-04-07 Time of incident 1: 15 AM ZjQcmQRYFpfptBannerStart

This Message Is From an External Sender This message came from outside your organization.

Primary recipient (awaiting your action in Maxient) Campus Community Incident Report Background Information Campus Location College Station Status of the Alleged Offender Student Date of incident

- 469 - 2023-04-07 Time of incident 1:15 AM Location of incident On-Campus Residence Hall - Incident Description Please describe the incident with as much detail as possible and use specific, concise, objective language. Focus on the Who, What, When, Where, How, and Why of the incident.

Indicate specific people, words, phrases, and interactions.

Please try use specific names instead of pronouns (he, she, they, etc.) when referring to people in the body of the report. When possible, we encourage the use of direct quotes, even in incidents when the language may be profane or abusive. For example, “Joe Aggie shook his fist at me and said ‘you are a stupid loser’” is more helpful than “Joe Aggie was threatening and used aggressive language with me.” was just arriving to the dorm around 1:15 am when she got to the stairwell, about 4 or 5 corps boys were giggling and running very quickly and loudly down the stairs. They all went into the 1st floor hallway with the rest if the boys. They moved quickly, but got a glimpse of about 3 of them, the one who dropped the table had dark hair and a white shirt, looked to be Caucasian, the other two had shaven heads, also Caucasian, one with dark hair and one with lighter, blonder hair.

None of them were wearing shoes. The residents of then heard a loud pop sound from the hallway. had just gotten to the top of the stairs when the residents came out of their rooms to see what was happening. noticed an exploded water bottle with a small bag inside and a foamy substance and water around it. She spoke with Resident about the first explosion, how the water bottle was smoking and smelled of chemicals. looked around and found a second bottle, still building the pressure to pop. called the RA on duty, . turned to walk back to her room and heard the loudest sound she's ever heard. ear drum almost burst, it hurt for at least 10 minutes after, she couldn't hear out of her right ear for about 7 minutes and had just had a lot of ear pain. Floor partner, came out to see. arrived and called noticed a light fixture had been tampered with, noting the same people who threw the water bottles probably broke the light as well. The light’s plastic clover was on the floor. believes it was an attack from the below Corps floors, specifically the first floor as she saw them running down the stairs to the first floor.

has noted a few times in the past where corps members have had animosity towards the

Supporting Documentation 70254150642e3d19dd7609b4135a8f8b1dd4155300c.heic img5592.heic img5593.heic img5594.heic img5595.heic img5596.heic img5597.png For added security, these links will expire in 10 days. The attachments will remain accessible when viewing the report within Maxient.

Submitted By Your full name

- 470 - Position/title/student status Your email address Your phone number

[UNAUTHENTICATED] Routing Information Primary recipient: Jaclyn Upshaw-Brown (Interim Director, Student Conduct Office) Copied recipients: • [email protected] Text msg recipients: None Originating IP address: Submitted through IR layout #1 Processed by routing rule #167. Routed to Jaclyn Upshaw-Brown, Interim Director, Student Conduct Office.

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- 471 - - 472 - It’s very disappointing that the Corps doesn’t have a way for a cadet to report such issues anonymously without fear of retaliation.

We were sold on the Corps for the leadership development and tradition, but I’m not sure how forcing immorality and criticizing spirituality and religious beliefs can possibly develop better leaders.

On Tue, Aug 22, 2023 at 2:01 PM Regan III, John M <[email protected]> wrote: Good Afternoon Sir, My name is GySgt John Regan and I currently serve as the 1st Regiment Military Advisor, and member of the Commandants Staff. As per your email, you have serious concerns about things that may be occurring in . If you have statements that lists specific violations, I encourage you to send them to me so that I may begin an initial inquiry. Holding on to them will not help us in identifying and correcting potential issues/violations.

I also ask that you send any further correspondence directly to me.

Respectfully, GySgt John M. Regan III USMC (Ret) | 1st Regiment Military Advisor/CCMU Advisor Office of the Commandant | Division of Student Affairs | Texas A&M University 1227 TAMU | College Station, TX 77843-1227 ph: 979-458-4279 I [email protected] | ------------------------ Corps of Cadets | We Make Leaders

From: Ornelaz, Desiree A <[email protected]> Sent: Tuesday, August 22, 2023 11:35 AM To: Regan III, John M <[email protected]> Subject: Fwd: Hazing I think this one is for you Sent from my iPhone

- 473 - - 474 - From: Fleming, John D To: Gardner, Jeffery D; Brummett, Kevin L; Schlather, Byron L Cc: Anderson, Chauncy Jovan Subject: RE: Cadet Date: Tuesday, August 29, 2023 11:37:12 AM

Thanks Kevin.

From: Gardner, Jeffery D <[email protected]> Sent: Tuesday, August 29, 2023 8:54 AM To: Brummett, Kevin L <[email protected]>; Fleming, John D <[email protected]>; Schlather, Byron L <[email protected]> Cc: Anderson, Chauncy Jovan <[email protected]> Subject: RE: Cadet , I talked to the outfit and yesterday afternoon during training time. We received a “tell someone’ Report regarding her. I’ll be interested to hear what the command team has to say.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Brummett, Kevin L <[email protected]> Sent: Tuesday, August 29, 2023 8:42 AM To: Fleming, John D <[email protected]>; Schlather, Byron L <[email protected]>; Gardner, Jeffery D <[email protected]> Cc: Anderson, Chauncy Jovan <[email protected]> Subject: Cadet Sir, I just finished talking to the about the concerning hazing statement in this survey. Cadet is going to present a plan of action to our team and Lt Col Gardner today. In it, it should detail what happened, what steps they have taken to fix the solution, a way forward for retraining to

- 475 - make sure it doesn’t happen again and repercussions for the Cadets who about the situation and posted it to the outfit. I believe it can be dealt with at the Wing/Minor Unit Level and teach a good lesson to all, but I wanted to make sure that Lt Col Gardner was in the loop, and you had a heads-up if the Commandant or Meredith asked any questions.

Because I will be out of the office the next couple of days, I wanted to let you know it was being covered and that should be reporting this via email to our CAT team and Lt Col Gardner before the end of today.

Lt Col Gardner, please let me know if you have any questions or guidance moving forward to assist these Cadets in taking care of this issue. v/r, CPT Kevin L. Brummett USA (ret.) | 3rd Group Operations Advisor Office of the Commandant | Operations and Training | Texas A&M University Harrell Hall, | 1227 TAMU College Station | TX 77843-1227 ph: 979.458.4406 | | [email protected] TEXAS A&M UNIVERSITY | We Make Leaders

- 476 - From: Ornelaz, Desiree A To: Schlather, Byron L Cc: Fleming, John D Subject: FW: Date: Tuesday, September 19, 2023 3:33:42 PM

Good Afternoon Sir, This is what John and I received from LtCol Gardner.

From: Gardner, Jeffery D <[email protected]> Sent: Tuesday, September 19, 2023 2:18 PM To: Ornelaz, Desiree A <[email protected]> Subject: RE: allegations I don’t think so. We can discuss tomorrow if you like.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Ornelaz, Desiree A <[email protected]> Sent: Tuesday, September 19, 2023 11:22 AM To: Gardner, Jeffery D <[email protected]> Subject: RE: allegations Good Morning Sir, I was unaware of allegations against Do you need anything from my end as the operations advisor?

- 477 - ------------------------ Corps of Cadets | We Make Leaders

From: Gardner, Jeffery D <[email protected]> Sent: Tuesday, September 19, 2023 10:56 AM To: @email.tamu.edu; @email.tamu.edu; < @email.tamu.edu> Cc: Regan III, John M <[email protected]>; Ornelaz, Desiree A <[email protected]> Subject: allegations All, We have received an allegation of hazing in . I need to meet with all your that are not in class tomorrow at 1600 in room 203 of Ash 1. and I would like for you to attend and run the meeting. Let me know if you have questions.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317

- 478 - - 479 - - 480 - - 481 - - 482 - - 483 - - 484 - - 485 - - 486 - - 487 - From: Gardner, Jeffery D To: Schlather, Byron L; Anderson, Chauncy Jovan Cc: Fleming, John D; Griffing, Kenneth; Scheffler, Ricky L; Washington, Robert Sykes Subject: RE: Floor Damage and Guidance Date: Monday, January 29, 2024 9:40:48 AM

If specific individuals are responsible for the damage, why are they going to pay out of outfit funds?

Seems like the individuals responsible should pay. I can charge them with destruction of property under student rules if you would like.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Corps Standards and Accountability Director Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Schlather, Byron L <[email protected]> Sent: Monday, January 29, 2024 9:36 AM To: Anderson, Chauncy Jovan <[email protected]> Cc: Fleming, John D <[email protected]>; Griffing, Kenneth <[email protected]>; Scheffler, Ricky L <[email protected]>; Gardner, Jeffery D <[email protected]>; Washington, Robert Sykes <[email protected]> Subject: RE: Floor Damage and Guidance Chauncy, Thanks for the info. Other than the shower door and room , all of the other rooms belong to , yet those identified as being responsible for the damage are and . That’s a curious trend. v/r, Byron LtCol Byron L. Schlather ’93, USMC (Ret) | Deputy, Corps Operations Office of the Commandant | Division of Student Affairs | Texas A&M University 1227 TAMU | College Station, TX 77843-1227 ph: 979.458.8458 | [email protected] | corps.tamu.edu ------------------------ CORPS OF CADETS | We Make Leaders

From: Anderson, Chauncy Jovan <[email protected]> Sent: Monday, January 29, 2024 8:16 AM To: Schlather, Byron L <[email protected]> Cc: Fleming, John D <[email protected]>; Griffing, Kenneth <[email protected]>; Scheffler, Ricky L <[email protected]>; Gardner, Jeffery D <[email protected]>; Washington, Robert Sykes <[email protected]> Subject: RE: Floor Damage and Guidance

- 488 - Good Morning Sir, I Spoke with on this issue. He provided me with the following info.

Room - Missing Door number. and responsible.

Room - Broken Peephole. Responsible Room - Broken Peephole. Responsible.

Room – Broken Peephole. Responsible Room Peephole - Responsible.

Shower Door- responsible.

He also stated that they we willing to pay for it with outfit funds if possible. I told him we would let him know if that was an option. I know you said we cant ENFORCE group billing but does that mean they cant voluntarily pay for it with outfit funds? I will stop by the office to get further guidance here in a bit.

From: Schlather, Byron L <[email protected]> Sent: Friday, January 26, 2024 8:54 AM To: Anderson, Chauncy Jovan <[email protected]> Cc: Fleming, John D <[email protected]>; Griffing, Kenneth <[email protected]>; Scheffler, Ricky L <[email protected]>; Gardner, Jeffery D <[email protected]>; Washington, Robert Sykes <[email protected]> Subject: FW: Floor Damage and Guidance Chauncy, Try to find out who broke the shower door. We can no longer enforce group billing, so if we don’t identify a cadet (or multiple cadets), we can’t split the cost among all outfit members.

Please look into the peephole issue (pun intended). If cadets are reversing the peepholes or removing them, that’s a chargeable offense.

Also, tell the cadets that removing room numbers is vandalism, at least, and could easily be considered theft (an honor code violation).

From: Scheffler, Ricky L <[email protected]> Sent: Friday, January 26, 2024 8:16 AM To: Cc: Barrera, Sylvia <[email protected]>; Schlather, Byron L <[email protected]>; Griffing, Kenneth <[email protected]>; Meredith Jr, Billy <[email protected]>; DSA - DL - Corps Advisors <[email protected]> Subject: RE: Floor Damage and Guidance

Thanks for the follow-up and inspection report in .- Just to confirm you put in the header but I assume this information is all about and not correct ? I am including Corps Staff on this as we have a couple of different issues to resolve here. Also send me your report form with all of the relevant information on these issues including the work order number for that shower door.

First as far as the broken shower door if you are able to identify the cadet or cadets who broke this door let me know as there will most likely be billing involved here as this does not look like normal wear & tear.

As far as the missing number cards if those are the ones with a cadet’s name & class information those are obtained through the Corps and not Housing Also on your report let me know where all of the missing peepholes are as that is a risk management issue and needs to be addressed asap .

Thanks , Rick

From: Sent: Thursday, January 25, 2024 4:13 PM

- 490 - To: Scheffler, Ricky L <[email protected]> Subject: Floor Damage and Guidance Howdy Rick, This week for inspection, there some missing room number cards and a lot of missing or broken peepholes on the second floor, as well as a broken shower door which I'll include a picture of. I've already submit a work order ZjQcmQRYFpfptBannerStart

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Howdy Rick, This week for inspection, there some missing room number cards and a lot of missing or broken peepholes on the floor, as well as a broken shower door which I'll include a picture of. I've already submit a work order for the door and for the number cards and peepholes, I'm going to talk with leadership this evening and determine what all can still be recovered before marking it all as lost.

For the number cards and peepholes that are considered lost or no longer usable, should I submit a work order or are those kept in the housing office?

Thank you,

- 491 - From: Gardner, Jeffery D To: Michaelis, Patrick Ralph Cc: Fleming, John D Subject: FW: FW: College Station - Off Campus - 01/15/2023 8:00 PM Date: Tuesday, January 17, 2023 2:58:59 PM

Sir, I received the following from Student Conduct. I do not believe we should act until the University determines if they will start a hazing investigation.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: (via Maxient) <[email protected]> Sent: Sunday, January 15, 2023 8:36 PM To: Sellers, Tyler B <[email protected]> Subject: College Station - Off Campus - 01/15/2023 8:00 PM #00026348 Secondary recipient (you were copied) Campus Community Incident Report Background Information Campus Location College Station Status of the Alleged Offender Recognized Student Organization Date of incident 2023-01-15 Time of incident ZjQcmQRYFpfptBannerStart

This Message Is From an External Sender This message came from outside your organization.

Secondary recipient (you were copied) Campus Community Incident Report Background Information Campus Location College Station Status of the Alleged Offender Recognized Student Organization Date of incident 2023-01-15 Time of incident 8:00 PM Location of incident Off Campus - Unknown House Involved Parties () Organization Incident Description Please describe the incident with as much detail as possible and use specific, concise, objective language. Focus on the Who, What, When, Where, How, and Why of the incident. Indicate specific people, words, phrases, and interactions.

Please try use specific names instead of pronouns (he, she, they, etc.) when referring to people in the body of the report. When possible, we encourage the use of direct quotes,

- 492 - even in incidents when the language may be profane or abusive. For example, “Joe Aggie shook his fist at me and said ‘you are a stupid loser’” is more helpful than “Joe Aggie was threatening and used aggressive language with me.” and other blind folded and made them get into cars and drove them to a house at an unknown location. They then forced them to consume 12 dozen eggs made from a wok that keeps in his dorm.

Supporting Documentation No additional documents were attached to this report.

Submitted By Your full name Position/title/student status Student Your email address Your phone number UIN [UNAUTHENTICATED] Routing Information Primary recipient: Erica Moore (Administrative Coordinator, Department of Student Activities) Copied recipients: • Tyler Sellers • [email protected] Text msg recipients: None Originating IP address: Submitted through IR layout #1 Processed by routing rule #189 Message sent by Maxient Replies will be sent to the submitter (

- 493 - From: Gardner, Jeffery D To: Brummett, Kevin L; Nester, Aoife Cc: Simpson, Meredith M; Fleming, John D; Schlather, Byron L; BEATY, GARY; Regan III, John M Subject: RE: Incident Date: Thursday, January 26, 2023 12:29:28 PM Attachments: image001.png

Officer Nestor, You will need to contact Student Conduct to obtain any violations of Student Rules and resulting sanctions. As for the Corps side, he was in violation of the Corps Alcohol policy and received sanctions. If you need more specific information, please contact me directly.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Brummett, Kevin L <[email protected]> Sent: Thursday, January 26, 2023 11:28 AM To: Nester, Aoife <[email protected]> Cc: Simpson, Meredith M <[email protected]>; Gardner, Jeffery D <[email protected]>; Fleming, John D <[email protected]>; Schlather, Byron L <[email protected]>; BEATY, GARY <[email protected]>; Regan III, John M <[email protected]> Subject: RE: Incident Officer Nestor, Below are several contacts that may be able to provide information about All are copied on this email. My best guess is to talk to LtCol Gardner and COL Beaty first so they can talk to the University Discipline and Legal offices about releasing any information.

Gunnery Sergeant Regan was Cadet Training Officer – [email protected] LtCol Gardner is our Asst. Commandant of Discipline – [email protected] Ms. Simpson is our Asst. Commandant for Academics – [email protected] COL Beaty is our Chief of Staff for the Corps - [email protected] Hope this helps. v/r, CPT Kevin L. Brummett USA (ret.) | 3rd Wing Cadet Training Officer Office of the Commandant | Operations and Training | Texas A&M University Harrell Hall, | 1227 TAMU College Station | TX 77843-1227 ph: 979.458.4406 | | [email protected] TEXAS A&M UNIVERSITY | We Make Leaders RLTW From: Nester, Aoife <[email protected]> Sent: Wednesday, January 25, 2023 8:55 PM To: Brummett, Kevin L <[email protected]> Subject: - Dec. 11 Incident Capt. Brummett,

- 494 - I'm Officer Nester, one of the two TAMUPD Officers you spoke with in regards to the incident involving and after the .

I've been asked by the District Attorney to obtain any complaints, sanctions, disciplinary actions or commendations for for his time during the Corps. You were my one point of contact during that so I figured I would start with you as to figuring out the best way to go about obtaining this information.

As with when we spoke last time, I am still working nights, 1800 to 0600, but I am able to access my email from my phone.

Aoife Nester '18 Police Officer Texas A&M University Police Department 979-845-2345 [email protected]

- 495 - From: Gardner, Jeffery D To: Michaelis, Patrick Ralph Cc: BEATY, GARY; Fleming, John D Subject: Date: Wednesday, February 1, 2023 10:27:11 AM

Good morning Sir, I participated in a conduct panel yesterday for The panel’s decision was to suspend him from the university and dismiss him from the Corps. He can return to the university in the fall. He will appeal the decision.

V/R

- 496 - From: Gardner, Jeffery D To: Michaelis, Patrick Ralph Cc: BEATY, GARY; Fleming, John D Subject: outcome Date: Wednesday, February 8, 2023 7:42:55 AM

Sir, I have requested the official outcome from the Title IX office. I received the following from the outfit: withdrew from the university one year suspension one year suspension one semester suspension one semester suspension Probation Probation Probation Probation V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317

- 497 - From: Gardner, Jeffery D To: Michaelis, Patrick Ralph Cc: BEATY, GARY; Fleming, John D Subject: FW: RE: Outcome Letters Date: Wednesday, February 8, 2023 2:06:23 PM Attachments:

Sir, Attached is the email request sent to Title IX. It answers your question as to why we were not notified. I reiterated the importance of letting us know the outcome of investigations before or when the student is notified with the understanding the appeals process could change the outcome.

I also contacted Jennifer Smith, who informed me the deadline to appeal is If any of the cases are appealed, it goes through another process and will likely not be resolved until sometime mid-March. As summary of the findings is attached in the excel document.

Sir, I believe we need to have a discussion regarding the cadets not suspended future in the Corps.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Allison, Terri L <[email protected]> Sent: Wednesday, February 8, 2023 9:04 AM To: Gardner, Jeffery D <[email protected]> Cc: Smith, Jennifer M <[email protected]> Subject: RE: Outcome Letters Good morning, Lt. Col. Gardner Our usual practice is not to send out the final decision letters to campus entities until the appeals process has run it’s course, in case any decisions are modified. However, I have attached the outcome letters for you here as a courtesy. The deadline for appeal in this case is .

- 498 - From: Gardner, Jeffery D To: Michaelis, Patrick Ralph Cc: BEATY, GARY; Thompson, Amy L; Fleming, John D Subject: Date: Wednesday, February 8, 2023 2:47:02 PM

Afternoon Sir, Just got off the phone with Student Conduct. Charge letters for should be out by next Wednesday. The will be included in the letters. I presume discussed the plan for ensuring calendar is not impacted.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317

- 499 - From: Gardner, Jeffery D To: Fleming, John D; Schlather, Byron L Subject: Fwd: Outcome Letters Date: Wednesday, February 8, 2023 6:19:34 AM Attachments:

FYI. We need to discuss if these cadets will return to their outfit.

V/R

Begin forwarded message:

From: "Reilly, Michael" <[email protected]> Date: February 7, 2023 at 5:48:00 PM CST To: "Gardner, Jeffery D" <[email protected]>, "BEATY, GARY" <[email protected]> Cc: "Fleming, John D" <[email protected]>, "Marsh, Scott" <[email protected]>, "Mullenberg, Jason" <[email protected]> Subject: Fwd: Outcome Letters

Gary and Jeff, Please see the attached SCO and Title IX results for and Both of these cadets have displayed appropriate repentance and I'd like for them to resume their life in the Corps as soon as possible.

I don't have any of the results for other cadets.

Thanks, Mike Semper Fi, Col Michael D. Reilly

Begin forwarded message:

From: "Quandt, Kathryn" <[email protected]> Date: February 7, 2023 at 17:08:23 CST To: "Reilly, Michael" <[email protected]> Subject: Outcome Letters

- 500 - Good Afternoon, Sir, As requested.

- 501 - From: Gardner, Jeffery D To: Norris, Dale W; Fleming, John D Subject: FW: CC: Texas A&M University Correspondence for Conduct Case Date: Thursday, February 9, 2023 10:47:40 AM Attachments:

FYI Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Student Conduct Office (via Maxient) <[email protected]> Sent: Thursday, February 9, 2023 10:40 AM To: Gardner, Jeffery D <[email protected]> Subject: CC: Texas A&M University Correspondence for Conduct Case You have been copied on a letter for case 2022192403 (David Hebert). Please review the PDF attachment and retain a copy for your files. If you encounter difficulty opening this attachment, please contact our office. Student Conduct Office Offices ZjQcmQRYFpfptBannerStart

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Student Conduct Office Offices of the Dean of Student Life Texas A&M University Phone: 979.847.7272 [email protected] https://studentlife.tamu.edu/sco/

- 502 - From: Gardner, Jeffery D To: Norris, Dale W; Fleming, John D Subject: FW: CC: Texas A&M University Correspondence for Conduct Case Date: Thursday, February 9, 2023 10:47:56 AM Attachments:

FYI Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Student Conduct Office (via Maxient) <[email protected]> Sent: Thursday, February 9, 2023 10:44 AM To: Gardner, Jeffery D <[email protected]> Subject: CC: Texas A&M University Correspondence for Conduct Case You have been copied on a letter for case 2022192401 (Travis McAleer). Please review the PDF attachment and retain a copy for your files. If you encounter difficulty opening this attachment, please contact our office. Student Conduct Office ZjQcmQRYFpfptBannerStart

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Student Conduct Office Offices of the Dean of Student Life Texas A&M University Phone: 979.847.7272 [email protected] https://studentlife.tamu.edu/sco/

- 503 - From: Gardner, Jeffery D To: Norris, Dale W; Fleming, John D Subject: FW: CC: Texas A&M University Correspondence for Conduct Case ( Date: Thursday, February 9, 2023 10:51:23 AM Attachments:

FYI Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Student Conduct Office (via Maxient) <[email protected]> Sent: Thursday, February 9, 2023 10:46 AM To: Gardner, Jeffery D <[email protected]> Subject: CC: Texas A&M University Correspondence for Conduct Case You have been copied on a letter for case 2022192402 (Matthew Chang). Please review the PDF attachment and retain a copy for your files. If you encounter difficulty opening this attachment, please contact our office. Student Conduct Office ZjQcmQRYFpfptBannerStart

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Student Conduct Office Offices of the Dean of Student Life Texas A&M University Phone: 979.847.7272 [email protected] https://studentlife.tamu.edu/sco/

- 504 - From: Gardner, Jeffery D To: Fleming, John D Subject: RE: CC: Texas A&M University Correspondence for Conduct Case ( Date: Thursday, February 9, 2023 11:27:32 AM

They kicked back to me.

Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Fleming, John D <[email protected]> Sent: Thursday, February 9, 2023 11:26 AM To: Gardner, Jeffery D <[email protected]> Subject: RE: CC: Texas A&M University Correspondence for Conduct Case Copy all. ?

S/F LtCol John D. Fleming ’94. USMC (Ret) | Assistant Commandant, Operations and Training Office of the Commandant | Division of Student Affairs | Texas A&M University Ash II LLC |1227 TAMU | College Station, TX 77843-1227 ph: 979.862.4311 | fax: 979.458.1436 | [email protected] ------------------------ Corps of Cadets | We Make Leaders From: Gardner, Jeffery D <[email protected]> Sent: Thursday, February 9, 2023 10:51 AM To: Norris, Dale W <[email protected]>; Fleming, John D <[email protected]> Subject: FW: CC: Texas A&M University Correspondence for Conduct Case FYI Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Student Conduct Office (via Maxient) <[email protected]> Sent: Thursday, February 9, 2023 10:46 AM To: Gardner, Jeffery D <[email protected]> Subject: CC: Texas A&M University Correspondence for Conduct Case You have been copied on a letter for case 2022192402 (Matthew Chang). Please review the PDF attachment and retain a copy for your files. If you encounter difficulty opening this attachment, please contact our office. Student Conduct Office ( ZjQcmQRYFpfptBannerStart

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- 505 - From: Michaelis, Patrick Ralph To: Gardner, Jeffery D Cc: BEATY, GARY; Fleming, John D; Schlather, Byron L; Washington, Robert Sykes Subject: RE: Date: Tuesday, February 14, 2023 3:52:10 PM

Got it. Thanks Jeff.

Also… got a not from Joe Ramirez, will be charged out on Thursday.

BG Patrick R. Michaelis ‘93, US Army (Ret.)

Commandant 1227 TAMU | College Station, TX 77843-1227 ph: 979.845.2811| ------------------------ Corps of Cadets | Texas A&M University From: Gardner, Jeffery D <[email protected]> Sent: Tuesday, February 14, 2023 3:35 PM To: Michaelis, Patrick Ralph <[email protected]> Cc: BEATY, GARY <[email protected]>; Fleming, John D <[email protected]>; Schlather, Byron L <[email protected]>; Washington, Robert Sykes <[email protected]> Subject: Sir, Results of the Conduct hearing today are: not responsible for hazing. Responsible for Conduct unbecoming a cadet- University and Corps Conduct review until 12 May 2023 not responsible for hazing. Responsible for Conduct unbecoming a cadet- University and Corps Conduct review until 12 May 2023 not responsible for hazing. Responsible for Conduct unbecoming a cadet- University and Corps Conduct review until 12 May 2023 Additionally, the outfit is required to meet with me to determine how we are going to change the outfit culture.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317

- 506 - From: Gardner, Jeffery D To: Fleming, John D Subject: RE: Date: Monday, February 20, 2023 4:02:09 PM

These did not file an appeal. The others did file so we will not be able to move forward until mid- March.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Fleming, John D <[email protected]> Sent: Monday, February 20, 2023 4:01 PM To: Gardner, Jeffery D <[email protected]> Cc: Schlather, Byron L <[email protected]> Subject: RE: So much for the middle of March…?

LtCol John D. Fleming ’94. USMC (Ret) | Assistant Commandant, Operations and Training Office of the Commandant | Division of Student Affairs | Texas A&M University Ash II LLC |1227 TAMU | College Station, TX 77843-1227 ph: 979.862.4311 | fax: 979.458.1436 | [email protected] ------------------------ Corps of Cadets | We Make Leaders From: Gardner, Jeffery D <[email protected]> Sent: Monday, February 20, 2023 3:45 PM To: Michaelis, Patrick Ralph <[email protected]> Cc: BEATY, GARY <[email protected]>; Fleming, John D <[email protected]>; Schlather, Byron L <[email protected]> Subject: Good afternoon Sir, Just received notice that the appeals window for is closed and their sanctions and their cases are now finalized. We will need to decide on their Corps status in the next couple of days.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317

- 507 - From: Gardner, Jeffery D To: Michaelis, Patrick Ralph Cc: BEATY, GARY; Fleming, John D; Schlather, Byron L Subject: Date: Tuesday, February 21, 2023 2:27:59 PM Attachments:

The sanctions identified by Student Conduct include: 1. Conduct Review through Friday, May 12, 2023.

2. Corps Conduct Review through Friday, May 12, 2023 3. Hazing Education Workshop (HEW), due Friday, April 28, 2023.

I am standing by for your questions.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317

- 508 - From: Gardner, Jeffery D To: Fleming, John D Subject: RE: Additional charges Date: Thursday, February 23, 2023 2:21:52 PM

The “deal” was for This is still part of the bigger problem not separable.

Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Fleming, John D <[email protected]> Sent: Thursday, February 23, 2023 2:20 PM To: Gardner, Jeffery D <[email protected]> Subject: RE: Additional charges Any idea if they will be offered the same deal as the others?

The cadets are:

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317

- 509 - From: Michaelis, Patrick Ralph To: Gardner, Jeffery D Cc: BEATY, GARY; Fleming, John D; Regan III, John M; Parker, Chad L; Thompson, Amy L Subject: Re: Student Conduct Date: Monday, February 27, 2023 11:32:37 AM

Got it. Thank you.

Patrick R. Michaelis Brigadier General, USA (ret) Commandant Texas A&M Corps of Cadets Sent from my iPhone

On Feb 27, 2023, at 12:31 PM, Gardner, Jeffery D <[email protected]> wrote:

Sir, They are the class.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Michaelis, Patrick Ralph <[email protected]> Sent: Monday, February 27, 2023 11:30 AM To: Gardner, Jeffery D <[email protected]> Cc: BEATY, GARY <[email protected]>; Fleming, John D <[email protected]>; Regan III, John M <[email protected]>; Parker, Chad L <[email protected]>; Thompson, Amy L <[email protected]> Subject: Re: Thanks Jeff. Remind me what class they belong to?

Patrick R. Michaelis Brigadier General, USA (ret) Commandant Texas A&M Corps of Cadets Sent from my iPhone

On Feb 27, 2023, at 12:21 PM, Gardner, Jeffery D <[email protected]> wrote:

- 510 - Good Morning Sir, We help the Conduct Conference for cadets from this morning. were all found NOT RESPONSIBLE for the allegations of hazing regarding last . I am available for questions.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317

- 511 - From: Gardner, Jeffery D To: Fleming, John D Cc: Schlather, Byron L Subject: RE: Date: Thursday, March 2, 2023 9:34:10 AM

Sorry. Probation until Dec 2023.

S/F LtCol John D. Fleming ’94. USMC (Ret) | Assistant Commandant, Operations and Training Office of the Commandant | Division of Student Affairs | Texas A&M University Ash II LLC |1227 TAMU | College Station, TX 77843-1227 ph: 979.862.4311 | fax: 979.458.1436 | [email protected] ------------------------ Corps of Cadets | We Make Leaders From: Gardner, Jeffery D <[email protected]> Sent: Thursday, March 2, 2023 9:29 AM To: Fleming, John D <[email protected]>; BEATY, GARY <[email protected]> Cc: Schlather, Byron L <[email protected]> Subject: RE: Here you go. We need to discuss the future of the on probation. one year suspension-withdrew from the university one year suspension one year suspension one semester suspension one semester suspension Probation Probation Probation Probation V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317

- 512 - From: Fleming, John D <[email protected]> Sent: Thursday, March 2, 2023 9:25 AM To: Gardner, Jeffery D <[email protected]>; BEATY, GARY <[email protected]> Cc: Schlather, Byron L <[email protected]> Subject: RE: Jeff, I have lost count on these. Can you please give us a full paybook on the cadets and their status.

Chief, For all cadets whose suspension from the University has been upheld, are we cleared hot to inform them of their Corps dismissal and have them start checkout?

Suspension from the University until 29 Dec 2023 Suspension from the University until 31 May 2023 Conduct probation- there was no end date in the letter, so I am checking with Title IX.

Suspension form the University until 31 Dec 2024 Suspension from the University until 29 Dec 2023 V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317

- 513 - From: Michaelis, Patrick Ralph To: Fleming, John D Subject: Fwd: Date: Thursday, March 9, 2023 11:28:22 AM

Patrick R. Michaelis Brigadier General, USA (ret) Commandant Texas A&M Corps of Cadets Sent from my iPhone Begin forwarded message:

From: "Gardner, Jeffery D" <[email protected]> Date: March 9, 2023 at 11:24:46 AM CST To: "Michaelis, Patrick Ralph" <[email protected]> Cc: "BEATY, GARY" <[email protected]> Subject:

Sir, The Student Conduct panel for concluded today. The students will be notified of their sanctions either this afternoon or tomorrow. I do not have the sanction letters but will send them to you as soon as I receive them. The sanctions are as follows: -University and Corps Conduct Probation until Dec 23 - University and Corps Conduct Probation until Dec 23 - University and Corps Conduct Probation until Dec 23 - University and Corps Conduct Probation until Dec 23 ( recently selected as a ) - University and Corps Conduct Probation until Dec 23 ‘ - University and Corps Conduct Probation until Dec 23 ‘ - University and Corps Conduct Probation until Dec 23 - University and Corps Conduct Probation until Dec 23 - University and Corps Conduct Probation until May 23 Each of these students is considered not in good standing with the University or Corps and as such, cannot hold leadership positions in student organizations nor represent the Corps or University.

In addition to the Probation there are educational requirements for each cadet that include Ethical decision-making workshop, Hazing Education workshop, reflective papers and monthly meetings with me.

I am available for questions or to discuss.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret)

- 514 - Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317

- 515 - From: Gardner, Jeffery D To: Fleming, John D Subject: RE: Who"s next Date: Thursday, September 14, 2023 8:25:43 AM

Rob is being assigned to investigate V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Fleming, John D <[email protected]> Sent: Wednesday, September 13, 2023 1:55 PM To: Gardner, Jeffery D <[email protected]> Subject: RE: Who's next Washington, then Leible. Provided they do not conflict with the subject of the investigation.

Let me know if they are going to be assigned so I can give them a heads up.

From: Gardner, Jeffery D <[email protected]> Sent: Wednesday, September 13, 2023 1:48 PM To: Fleming, John D <[email protected]> Subject: Who's next John, Who are the next two on the joint investigation list?

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Discipline

- 516 - Military Advisor Parsons Mounted Cavalry 979-458-9317

- 517 - From: Leible, Jason Aaron To: Fleming, John D Subject: RE: Investigation Date: Friday, October 20, 2023 9:55:16 AM

Roger Sir. v/r Jason

From: Fleming, John D <[email protected]> Sent: Friday, October 20, 2023 9:54 AM To: Leible, Jason Aaron <[email protected]> Cc: Gardner, Jeffery D <[email protected]> Subject: RE: Investigation Jason, You were next on the list when the investigation came up, but because you were close to that I assigned John. So you get the investigation.

From: Gardner, Jeffery D <[email protected]> Sent: Friday, October 20, 2023 9:36 AM To: Leible, Jason Aaron <[email protected]> Cc: Fleming, John D <[email protected]> Subject: Investigation Jason, Heads up. You will be contacted to assist in the investigation into .

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Accountability and Standards Military Advisor Parsons Mounted Cavalry 979-458-9317 - 518 - From: Gardner, Jeffery D To: Fleming, John D Subject: RE: Investigator Date: Wednesday, October 25, 2023 9:40:22 AM

I’ll come talk to you later today.

Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Accountability and Standards Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Fleming, John D <[email protected]> Sent: Wednesday, October 25, 2023 7:48 AM To: Gardner, Jeffery D <[email protected]> Subject: RE: Investigator What is this one for?

From: Gardner, Jeffery D <[email protected]> Sent: Wednesday, October 25, 2023 7:42 AM To: Fleming, John D <[email protected]> Subject: RE: Investigator Thanks Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Accountability and Standards Military Advisor Parsons Mounted Cavalry 979-458-9317 From: Fleming, John D <[email protected]> Sent: Wednesday, October 25, 2023 6:44 AM To: Gardner, Jeffery D <[email protected]> Subject: RE: Investigator

- 519 - Desiree is next on the list. What is this one for?

From: Gardner, Jeffery D <[email protected]> Sent: Tuesday, October 24, 2023 4:27 PM To: Fleming, John D <[email protected]> Subject: Investigator John, I need another investigator.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Assistant Commandant for Accountability and Standards Military Advisor Parsons Mounted Cavalry 979-458-9317

- 520 - From: Fleming, John D To: Gardner, Jeffery D Subject: RE: Investigation Date: Thursday, February 22, 2024 2:32:00 PM

Sorry, was in class. Rob already did the . Chad is up next, please take him.

From: Gardner, Jeffery D <[email protected]> Sent: Thursday, February 22, 2024 2:27 PM To: Fleming, John D <[email protected]> Subject: Investigation John, I’m going to take Rob.

V/R Lt. Col Jeff Gardner ‘82, USAF (Ret) Corps Standards and Accountability Director Military Advisor Parsons Mounted Cavalry 979-458-9317

- 521 - ROBERT WASHINGTON linkedin.com/in/robert-washington-63269438 EXECUTIVE OVERVIEW Seasoned professional with 25 years’ experience building and leading high functioning teams and organizations. Has 7+ years training and instruction to U.S. and foreign military to include advising in austere environments. Proven performer in challenging situations. Effectively managed an under resourced staff while directing twice as many subordinate units than the normal structure and preparing 450 person unit for combat deployment. Led organizations and planning efforts in support of crisis operations. With Master’s Degree in Strategic Foresight, learned how to determine and understand changes in business environments and assist companies in modifying their model for continued success. Lean Sigma Six Green Belt trained and currently pursuing Project Management Professional certification. Able to step back to see the big picture and direct appropriate action but does not hesitate to get involved in the work. Proficient in the use of Microsoft Word, Excel, SharePoint and PowerPoint. A dedicated volunteer to the community and non-profits. Foreign experience in Asia, Europe, and Middle East. Active Top Secret Clearance.

KEY TRAITS • Executive Leadership • Quality Assurance & Quality Improvement • Organizational Management • Resource & Requirements Planning • Operational Planning • Crisis Management • Attention to Detail • Program Management WORK EXPERIENCE

Cadet Training Officer (Leadership Teacher) July 2020- Present • Mentor, lecture, and develop cadet leaders within the Texas A&M University Corps of Cadets on the Cadet Values, the Aggie Honor Code as well as leadership traits and principles in order to prepare them to handle the global challenges of the future.

Senior Marine Instructor (Leadership Teacher) July 2018- July 2020 • Lectured, and mentored 80+ Junior Reserve Officer Training Corps high school cadets on techniques of leadership, citizenship, general military subjects and staff planning processes, thereby developing more responsible citizens • Organized, and scheduled numerous public engagements for the cadets which resulted in improved community relations and opportunities for cadets to develop their leadership skills • Developed and managed program budget and fundraising activities to enable logistical support to cadet activities and events through equipment acquisition and transportation ordering Active Duty Officer, United States Marine Corps Dec 1995- July 2018 Operations Officer, (Chief Operations Officer) July 2016- July 2018 2d Marine Expeditionary Brigade, Camp Lejeune, NC • Supervised a section of over 40 Marines in the planning and execution of a major exercise for a 4000 person force that successfully conducted training and maneuvers with 9 foreign countries and resulted in no mishaps • Directed the readiness, equipping and training of a 100 person staff in preparation for crisis response operations for national defense and humanitarian assistance which resulted in a response force ready to execute within 24 hours while managing a $1 million annual budget for exercise, travel and training costs Executive Officer, (Senior Vice President) July 2013- June 2016 10th Marine Regiment, Camp Lejeune, NC • Organized the information management and decision making cycle for the chief executive officer that was in charge of three subordinate elements totaling over 2300, enabling on a daily basis multiple critical decisions to maintain, organize and train the force while also meeting all higher headquarters reporting and tasking requirements • Managed a staff of 12+ intermediate managers who were responsible for a collective of 200+ personnel, organized and prepared this group for successful passing of higher headquarters readiness inspection

- 522 - ROBERT WASHINGTON Training Requirements Officer, (Training and Development Manager) July 2010- June 2013 Joint Staff, J7 Directorate, Suffolk, VA • Assessed strategic initiatives as related to the joint training environment and recommended and developed changes to respond to evolving needs of the joint warfighter, while directing a 25 person staff in the absence of the branch chief and managing a $4 million budget • Developed Department of Defense technology roadmaps from policy analysis and future technology assessments thereby anticipating future challenges for our forces and preparing their global crisis response readiness Executive Officer, (Staff Director) Jan 2009- June 2010 1st Battalion, 10th Marines, Camp Lejeune, NC • Evaluated and assigned over 70+ new personnel to positions within the unit to ensure resource allocation was in line with commander’s guidance and thereby maximizing efficiencies in human resource structure to meet unit mission • Analyzed and improved staff processes in order to manage the increased number of assigned sub-units to the headquarters without an equal increase in management personnel to handle the additional requirements and material • Organized, coordinated and prepared a unit for crisis response deployment on a humanitarian mission to Haiti following an earthquake thereby fully resourcing response options for national command authority relief operations Military Transition Team Advisor, (Senior Operations Consultant) July 2007- Dec 2008 1st Iraqi Army Division Advisor Team, Camp Lejeune, NC and Iraq • Led an ad hoc team of 12 Marines, on short notice, in partnering with an Iraqi Army unit to provide intelligence and operational support during remote location security missions away from Coalition bases and within a 4 month period traveled 800+ miles, cleared 12+ municipalities/neighborhoods, and brought all personnel home safely • Advised, trained and mentored my Iraqi counterpart on the headquarters staff in the execution of large scale clearing and checkpoint operations which resulted in the transfer of security responsibilities for multiple towns and sectors in the Euphrates River Valley from U.S. forces to host nation forces, thereby facilitating drawdown of U.S. presence Small Group Leader & Doctrine Rep, (Staff Trainer & Policy Writer) July 2004- June 2007 U.S. Army Field Artillery School, Fort Sill, Ok • Lectured, evaluated and mentored 60+ Army, Marine and International officers in small group settings on techniques of command management and staff planning processes, thereby successfully graduating 4 separate classes • Organized, scheduled and taught curriculum instruction as the subject matter expert for specialized coursework • Led project execution with numerous stakeholders on the development and refinement of a publication that provided procedures for the implementation of new system across both the U.S. Army and the Marine Corps services EDUCATION Regent University, Virginia Beach, Virginia Masters, Strategic Foresight, GPA: 3.83 / 4.0 Texas A&M University, College Station, Texas Bachelor of Science, Political Science, GPA: 3.24 / 4.0 TRAINING • Lean Sigma Six, Green Belt Course, 2018- Department of the Navy recognized continuous performance improvement process for developing efficiencies in administrative procedures and production efforts • Joint Maritime Prepositioning Forces Planners Course, 2017- Training focused on the tasks necessary to plan, deploy and employ prepositioned equipment by Marine and Navy forces

- 523 - ROBERT WASHINGTON • Military Justice Senior Officers Course, 2013- Familiarize one with the uniform code of military justice, administrative fact-finding bodies and policy matters relating to command legal responsibilities • Toastmaster Curriculum, 2010 to 2013- Competent Communicator and Leader levels achieved • Collateral Damage Assessment Course, 2011- Determine hazards for target engagement • Joint Targeting, Staff Course, 2011- Honor Graduate, planning target engagements at operational level • Joint, Interagency and Multinational Planners Course, 2011- Plan and coordinate operations with Federal, State and local agency for national defense and humanitarian response to natural disasters • Joint Information Ops Orientation Course, 2011- Plan operations to influence adversary information • Basic Effective Facilitation Course, 2011- Techniques to enable instructor led discussions and debates • Joint & Combined Warfighting School, 2011- Operational level of joint & interagency conflict planning • Security Manager’s Course, 2009- Information safeguarding and applying personnel security measures • Operator Advanced Casualty Response Course, 2007- Hands on first responder treatment of injuries • Joint Operational Fires and Effects Course, 2006- Plan use of artillery and air delivered munitions • Combat Lifesaver Course, 2004- Basic lifesaving techniques of CPR, and treating injuries • Small Group Instructor Training Course, 2004- Techniques of small group teaching and discussion • Total Army Instructor Training Course, 2004- Techniques of large group lecture and demonstration • Field Artillery Captain’s Career Course, 2001- Distinguished Honor Graduate, number 1 out of 47 • Basic Instructor Course, 2000- Taught the techniques of lecture and discussion methods of instruction • Field Artillery Officer’s Basic Course, 1996- Honor Graduate, number 6 out of 167 students VOLUNTEER AND CIVIC CONTRIBUTIONS • Boy Scouts of America leader for 10 years, mentoring young boys to become better citizens • Semper Fi Fund volunteer for 5 years, assisted in community events to raise money so that the non- profit could provide assistance to critically wounded service members on their road to recovery • Local church volunteer for 4 years supporting the children’s ministry and guest services • Volunteered with multiple Parent-Teacher Associations over a 15 year period • Youth soccer league coach for two years teaching boys and girls between ages 4-7 AWARDS Bronze Star Medal, Defense Meritorious Service Medal, Meritorious Service Medal (2x), Navy/Marine Corps Commendation Medal (3x), Army Commendation Medal, Combat Action Ribbon, Presidential Unit Citation, Joint Meritorious Unit Award (x2), Meritorious Unit Commendation, NATO Medal, Iraqi Campaign Medal, Inherent Resolve Campaign Medal, Letter of Appreciation (3x), Certificate of Appreciation (3x), Letter of Commendation, Certificate of Achievement, Staff Achievement Award, Distinguished Student Certificate, Distinguished Naval Student Certificate (3x), Commandant’s Honor Roll Certificate (2x), Superior Physical Fitness Certificate

- 524 - From: Washington, Robert Sykes Sent: Thursday, April 4, 2024 10:30 PM To: Washington, Robert Sykes Subject: FW: Investigation Interview Notice

From: Winking, Audrey J <[email protected]> Sent: Wednesday, October 4, 2023 8:14 AM To: XXXXXXXXXXXXXXXX Cc: Washington, Robert Sykes <[email protected]> Subject: RE: Investigation Interview Notice Okay, thank you for getting back to me!

From: XXXXXXXXXXXXXXXXXXXXXXXXX Sent: Monday, October 2, 2023 8:05 PM To: Winking, Audrey J <[email protected]> Subject: Re: Investigation Interview Notice Howdy Audrey, I apologize for not responding over the weekend. The picture before it was deleted and for some reason I had saved it, I came by it when looking through old photos for supporting documentation like you requested. I do not know who took the picture or who was present but I believe he sent the picture of himself to the account to be posted. - 525 - Thank you, XXXXXXXXXXXXXX On Mon, Oct 2, 2023 at 3:53 PM Winking, Audrey J <[email protected]> wrote: Hi XXXXXXXXXXXX

I just wanted to follow up to see if you could share with us where you got this picture? Also, if you have any additional context (who took the picture, who was present, etc.), any additional information you have would be greatly appreciated.

Please let me know by the end of the day tomorrow (Tuesday).

Thanks,

From: Winking, Audrey J Sent: Friday, September 29, 2023 9:13 AM To: XXXXXXXXXXXXXXXXXXXXXXXXXXXX> Subject: RE: Investigation Interview Notice

Thank you for sending this, XXXXXXXXXXX Can you clarify where you were able to obtain this picture from?

Thanks again, Audrey

From: XXXXXXXXXXXXXXXXXXXX> Sent: Thursday, September 28, 2023 6:15 PM To: Winking, Audrey J <[email protected]> Subject: Re: Investigation Interview Notice

Howdy Audrey, This is the only supporting documentation I have for The investigation. I I was asked about at the beginning of my interview in regards to dorms. I do not know who took the picture but I hope it will be sufficient evidence that XXXXXXXXXXX was the one who I was not aware of when it happened so all I have is the picture.

Thank you for your time, XXXXXXXXXXXXX

On Tue, Sep 26, 2023, 7:59 AM Winking, Audrey J <[email protected]> wrote: Good morning, XXXXXXXXXXXX,

Thank you for confirming your plan to attend tomorrow’s meeting. I do not need anything from you at this time. At the start of your interview tomorrow I will walk through the acknowledgment form with you, and during the interview you will gain more context for what the report entails. Once you have more context for the situation we will be discussing during the interview, should you wish to submit any supporting documentation (statements, pictures, texts, etc.) you will have the opportunity to do so!

We do not share the report with students unless a student is charged with a student rule violation, which is not the case at this time. If this investigation does lead to any charges, the charged student(s) would be able to review the report at that time.

- 527 - Again, I will go over all of this more in detail with you tomorrow at the start of your interview, but hopefully this provides a little clarity on our process in the meantime.

Best, Audrey

FromXXXXXXXXXXXXXXXXXXXXXX> Sent: Monday, September 25, 2023 11:57 PM To: Winking, Audrey J <[email protected]> Subject: Re: Investigation Interview Notice

Howdy, Thank you for the communication I will be present for the interview in my designated time slot. Is there any additional information you need from me? Is there any additional information you can provide to me about the nature of the complaint or investigation? I do not know anything.

Thank you for your time, XXXXXXXXXXXXXX

On Mon, Sep 25, 2023, 1:33 PM Winking, Audrey J <[email protected]> wrote: Dear XXXXXX

The Student Conduct Office received a report regarding alleged hazing within You have been identified as someone who may have been involved in the incident or have witnessed/has additional knowledge related to the incident. In order to gain additional information you are being asked to participate in the investigation process and an interview date has been scheduled for Wednesday, September 27th at 2:30pm in the Student Services Bldg., Suite 309. Your options for participation in this investigation will be reviewed with you prior to being asked to respond to any questions posed by the investigators. The attached Investigation Acknowledgement Form will be reviewed with you during your interview and you will be able to choose your level of participation in the interview process. A copy of the investigation flowchart, which outlines the process is also attached for your review. Information related to the student conduct code and any alleged violations specific to this investigation can be found here: http://student‐ rules.tamu.edu/rule24/. Click here to review additional information or FAQs regarding the investigation process.

Per student rule (24.4.23. Abuse of Process), you are required to meet with investigators. Should this meeting conflict with a scheduled class online or other obligation, please let us know. Please confirm your receipt of this notice and your intended attendance on the date and time above by replying to this email. - 528 - Please note that pursuant to section 30.06 of the penal code and University Rule 34.06.02. MI: while formal administrative hearings/investigations are taking place the carrying of concealed handguns is prohibited in the Student Services Bldg., Suite 309. Written communication will be posted outside of the room. Section 30.06 of the penal code states: (3) Written communication means: (A) a card or other document on which is written language identical to the following: “Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun.”

If you need an accommodation for a disability, please contact our office. Requests for accommodations may be evaluated in consultation with Disability Resources.

Sincerely,

- 529 - From: Washington, Robert Sykes Sent: Thursday, April 4, 2024 10:22 PM To: Washington, Robert Sykes Subject: FW:

From: Winking, Audrey J <[email protected]> Sent: Friday, September 29, 2023 10:22 AM To: Washington, Robert Sykes <[email protected]> Subject: Hi Lt. Col. Washington, XXXXXX emailed me saying he has the at 4:00 on Monday, so he was asking if we can reschedule his interview. I typically only work around students’ class schedules, but is this something we should work around? I wasn’t sure if this was extracurricular or something that is critical he participates in so I wanted to get your perspective!

He is the one we have scheduled at 2:45, with his class ending at 2:40. So we in theory should be done by 3:45 but I do recognize that would be really rushed for him.

Thanks, Audrey

- 530 - From: Washington, Robert Sykes Sent: Thursday, April 4, 2024 10:24 PM To: Washington, Robert Sykes Subject: FW: Investigation Interview Notice

From: Winking, Audrey J <[email protected]> Sent: Monday, October 2, 2023 3:52 PM To: XXXXXXXXXXXXXXXXXXXXXXX Cc: Washington, Robert Sykes <[email protected]> Subject: RE: Investigation Interview Notice Hi XXXXX, Lt. Col. Washington and I would like to ask you a few follow up questions, so I have scheduled another interview for you on Wednesday, October 4th at 1:30pm. This interview should be pretty brief since we only have a few things to follow up on!

We will meet in the same location and all of the same processes will apply. Please just reply back to this email to confirm that this new date/time will work for you.

- 531 - From: XXXXXXXXXXXXXXXXXXXXXXXX Sent: Tuesday, September 26, 2023 10:28 PM To: Winking, Audrey J <[email protected]> Subject: Re: Investigation Interview Notice I’ll be there at 1pm tomorrow.

Very Respectfully, XXXXXXXXXXX XXXXXXXXXXXXX

On Mon, Sep 25, 2023 at 13:33 Winking, Audrey J <[email protected]> wrote: Dear XXXXXXX,

The Student Conduct Office received a report regarding alleged hazing within You have been identified as someone who may have been involved in the incident or have witnessed/has additional knowledge related to the incident. In order to gain additional information you are being asked to participate in the investigation process and an interview date has been scheduled for Wednesday, September 27th at 1:00pm in the Student Services Bldg., Suite 309. Your options for participation in this investigation will be reviewed with you prior to being asked to respond to any questions posed by the investigators. The attached Investigation Acknowledgement Form will be reviewed with you during your interview and you will be able to choose your level of participation in the interview process. A copy of the investigation flowchart, which outlines the process is also attached for your review. Information related to the student conduct code and any alleged violations specific to this investigation can be found here: http://student‐rules.tamu.edu/rule24/. Click here to review additional information or FAQs regarding the investigation process.

Please note that pursuant to section 30.06 of the penal code and University Rule 34.06.02. MI: while formal administrative hearings/investigations are taking place the carrying of concealed handguns is prohibited in the Student Services Bldg., Suite 309. Written communication will be posted outside of the room. Section 30.06 of the penal code states: (3) Written communication means: (A) a card or other document on which is written language identical to the following: “Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun.”

- 532 - If you need an accommodation for a disability, please contact our office. Requests for accommodations may be evaluated in consultation with Disability Resources.

Sincerely,

- 533 - From: Washington, Robert Sykes Sent: Thursday, April 4, 2024 10:27 PM To: Washington, Robert Sykes Subject: FW: Investigation Interview Notice

From: Winking, Audrey J <[email protected]> Sent: Monday, October 2, 2023 3:54 PM To: XXXXXXXXXXXXXXXXXXXXXXX Cc: Washington, Robert Sykes <[email protected]> Subject: RE: Investigation Interview Notice Hi XXXXXXXXXXXXXXX, I just wanted to follow up to see if you could share with us where you got this picture? Also, if you have any additional context (who took the picture, who was present, etc.), any additional information you have would be greatly appreciated.

Please let me know by the end of the day tomorrow (Tuesday).

From: Winking, Audrey J Sent: Friday, September 29, 2023 9:13 AM - 534 - To: XXXXXXXXXXXXXXXXXXXXXXXXXXXX Subject: RE: Investigation Interview Notice Thank you for sending this, XXXXXXX! Can you clarify where you were able to obtain this picture from?

From: XXXXXXXXXXXXXXXXXXXXXXXXXX Sent: Thursday, September 28, 2023 6:15 PM To: Winking, Audrey J <[email protected]> Subject: Re: Investigation Interview Notice Howdy Audrey, This is the only supporting documentation I have for The investigation. I I was asked about at the beginning of my interview in regards to dorms. I do not know who took the picture but I hope it will be sufficient evidence that XXXXXXXX was the one who I was not aware of when it happened so all I have is the picture.

Thank you for your time, XXXXXXXXXXXXXXX On Tue, Sep 26, 2023, 7:59 AM Winking, Audrey J <[email protected]> wrote: Good morning, XXXXXXXXXX,

Again, I will go over all of this more in detail with you tomorrow at the start of your interview, but hopefully this provides a little clarity on our process in the meantime.

- 535 - Best, Audrey

From: XXXXXXXXXXXXXXX> Sent: Monday, September 25, 2023 11:57 PM To: Winking, Audrey J <[email protected]> Subject: Re: Investigation Interview Notice

Thank you for your time, XXXXXXXXXXXX

On Mon, Sep 25, 2023, 1:33 PM Winking, Audrey J <[email protected]> wrote: Dear XXXXXXXXXX,

The Student Conduct Office received a report regarding alleged hazing within You have been identified as someone who may have been involved in the incident or have witnessed/has additional knowledge related to the incident. In order to gain additional information you are being asked to participate in the investigation process and an interview date has been scheduled for Wednesday, September 27th at 2:30pm in the Student Services Bldg., Suite 309. Your options for participation in this investigation will be reviewed with you prior to being asked to respond to any questions posed by the investigators. The attached Investigation Acknowledgement Form will be reviewed with you during your interview and you will be able to choose your level of participation in the interview process. A copy of the investigation flowchart, which outlines the process is also attached for your review. Information related to the student conduct code and any alleged violations specific to this investigation can be found here: http://student‐rules.tamu.edu/rule24/. Click here to review additional information or FAQs regarding the investigation process.

- 536 - Please note that pursuant to section 30.06 of the penal code and University Rule 34.06.02. MI: while formal administrative hearings/investigations are taking place the carrying of concealed handguns is prohibited in the Student Services Bldg., Suite 309. Written communication will be posted outside of the room. Section 30.06 of the penal code states: (3) Written communication means: (A) a card or other document on which is written language identical to the following: “Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun.”

If you need an accommodation for a disability, please contact our office. Requests for accommodations may be evaluated in consultation with Disability Resources.

Sincerely,

- 537 - From: Washington, Robert Sykes Sent: Thursday, April 4, 2024 10:20 PM To: Washington, Robert Sykes Subject: FW: Investigation Interview Notice

From: Winking, Audrey J <[email protected]> Sent: Friday, September 29, 2023 9:34 AM To: Washington, Robert Sykes <[email protected]> Subject: FW: Investigation Interview Notice Received the below email and the attached picture from XXXX last night. I emailed him back this morning and asked for clarification in where/how he got the photo. But depending on what he says, we may need to have XXXX come back in so we can ask him about this and some of the other discrepancies in his version of that incident .).

From: XXXXXXXXXXXXXXXXXXXXXXXXXXXXX Sent: Thursday, September 28, 2023 6:15 PM To: Winking, Audrey J <[email protected]> Subject: Re: Investigation Interview Notice Howdy Audrey, This is the only supporting documentation I have for The investigation. I believe this was I was asked about at the beginning of my interview in regards to - 538 - dorms. I do not know who took the picture but I hope it will be sufficient evidence that XXXXX XXXXX was the one who . I was not aware of when it happened so all I have is the picture.

Thank you for your time, XXXX XXXX On Tue, Sep 26, 2023, 7:59 AM Winking, Audrey J <[email protected]> wrote: Good morning, XXXX,

Again, I will go over all of this more in detail with you tomorrow at the start of your interview, but hopefully this provides a little clarity on our process in the meantime.

Best, Audrey

From: XXXXXXXXXXXXXXXXXXXXXXXXXX Sent: Monday, September 25, 2023 11:57 PM To: Winking, Audrey J <[email protected]> Subject: Re: Investigation Interview Notice

Thank you for your time, - 539 - XXXX XXXX

On Mon, Sep 25, 2023, 1:33 PM Winking, Audrey J <[email protected]> wrote: Dear XXXXX,

The Student Conduct Office received a report regarding alleged hazing within . You have been identified as someone who may have been involved in the incident or have witnessed/has additional knowledge related to the incident. In order to gain additional information you are being asked to participate in the investigation process and an interview date has been scheduled for Wednesday, September 27th at 2:30pm in the Student Services Bldg., Suite 309. Your options for participation in this investigation will be reviewed with you prior to being asked to respond to any questions posed by the investigators. The attached Investigation Acknowledgement Form will be reviewed with you during your interview and you will be able to choose your level of participation in the interview process. A copy of the investigation flowchart, which outlines the process is also attached for your review. Information related to the student conduct code and any alleged violations specific to this investigation can be found here: http://student‐rules.tamu.edu/rule24/. Click here to review additional information or FAQs regarding the investigation process.

If you need an accommodation for a disability, please contact our office. Requests for accommodations may be evaluated in consultation with Disability Resources.

Sincerely,

- 541 - From: Winking, Audrey J Sent: Thursday, September 21, 2023 4:15 PM To: Washington, Robert Sykes Subject: Investigation Follow Up Flag: Follow up Flag Status: Completed

Howdy, Dr. Bell informed me that you have been assigned to work on the inves ga on with me. Do you have some me tomorrow (Friday) where we could chat brieﬂy about the plan for the inves ga on moving forward? The only mes I am unavailable tomorrow are 10‐11am and 1:30‐3:15pm. We could meet via Zoom or Teams if that is more convenient for you since it should be a quick mee ng!

I am hoping to do interviews next Wednesday a ernoon (9/27) if that works for you!

- 542 - From: Sent: Thursday, September 7, 2023 11:35 AM To: WOOD, FRANK Chriswell <[email protected]> Cc: Leible, Jason Aaron <[email protected]>; Subject: Re: Hazing Investigation Statements ( ) Good morning CSM Wood, The , has collected the statements from the involved, so I’ll help make sure that gets to . for the cadet in question. Him and I are both free this afternoon from 1415‐1500 to link up if that works for you.

Very Respectfully,

On Thu, Sep 7, 2023 at 09:27 WOOD, FRANK Chriswell <[email protected]> wrote: Howdy Mr.

I’ve read your attachment. You also need individual statements from each of the involved and any that later may have additional information relayed to them after the returned from PT. Those are the most important ones. I would also like to link up with you sometime today regarding ’ statement.

- 543 - V/R…RLTW

From: Sent: Thursday, September 7, 2023 8:59 AM To: Leible, Jason Aaron <[email protected]>; WOOD, FRANK Chriswell <[email protected]> Subject: I1 Hazing Investigation Statements (CDT Kimes)

Good morning SGM Wood and MAJ Leible,

Attached below are the statements in regards to the hazing investigation involving and

- 544 - - 545 - - 546 - - 547 - - 548 - - 549 - - 550 - - 551 - - 552 - - 553 - - 554 - - 555 - From: WOOD, FRANK Chriswell Sent: Friday, April 5, 2024 4:55 AM To: Simpson, Meredith M Subject: FW: Hazing Investigation Statements ( ) Attachments: Scanned Documents.pdf Categories: ORR Clear

From: WOOD, FRANK Chriswell Sent: Thursday, September 7, 2023 9:31 AM To: Cc: Gardner, Jeffery D <[email protected]> Subject: Hazing Investigation Statements ( ) didn’t oversee this (he’s been advised to do so) and the didn’t even interview the . MTF… V/R…RLTW CSM Frank C. Wood ‘16, USA (Ret) | Military Advisor, 1st Brigade Oﬃce of the Commandant | Division of Student Aﬀairs | Texas A&M University Room 334 Leonard Hall | College Station, TX 77843-0000 ph: 979.458.1628 | [email protected] | corps.tamu.edu ------------------------ CORPS OF CADETS | We Make Leaders

From: Sent: Thursday, September 7, 2023 8:59 AM To: Leible, Jason Aaron <[email protected]>; WOOD, FRANK Chriswell <[email protected]> Subject: Hazing Investigation Statements ( - 556 - Good morning SGM Wood and MAJ Leible, Attached below are the statements in regards to the hazing investigation involving and Very Respectfully,

- 557 - From: WOOD, FRANK Chriswell Sent: Friday, April 5, 2024 4:55 AM To: Simpson, Meredith M Subject: FW: Hazing Investigation Statements Importance: High Categories: ORR Clear

From: WOOD, FRANK Chriswell Sent: Thursday, September 7, 2023 9:27 AM To: Cc: Leible, Jason Aaron <[email protected]>; Subject: RE: Hazing Investigation Statements Importance: High Howdy I’ve read your attachment. You also need individual statements from each of the involved and any that later may have additional information relayed to them after the returned from PT. Those are the most important ones. I would also like to link up with you sometime today regarding ’ statement.

- 558 - From: Sent: Thursday, September 7, 2023 8:59 AM To: Leible, Jason Aaron <[email protected]>; WOOD, FRANK Chriswell <[email protected]> Subject: Hazing Investigation Statements ( ) Good morning SGM Wood and MAJ Leible, Attached below are the statements in regards to the hazing investigation involving and Very Respectfully,

- 559 - From: WOOD, FRANK Chriswell Sent: Friday, April 5, 2024 4:56 AM To: Simpson, Meredith M Subject: FW: Discipline CCIR Categories: ORR Clear

From: Sent: Tuesday, September 5, 2023 9:18 PM To: Gardner, Jeffery D <[email protected]> Cc: WOOD, FRANK Chriswell <[email protected]>; Leible, Jason Aaron <[email protected]>;

Subject: Discipline CCIR Good evening Col. Gardner, There was a report this morning that ( ) took a group out for a workout on . I am treating this allegation as a hazing report and have asked the of Company to collect statements, silence the in question, and ensure the are mentally and physically well.

I will have the packet ready for your review by Thursday COB.

Very Respectfully, Corps of Cadets Intramural & Logistics Office Division of Student Affairs TAMU | College Station, TX 77843-1227

- 560 - EXHIBIT

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- 575 - Cause No. 24-3177-CV-85 Brian Beckcom § § 85th District Court v. § § Brazos County, Texas Texas A&M University §

Plaintiff’s Response to Defendant’s Plea to the Jurisdiction

It appears to me that you want to skip the [mandamus] process, go directly to trial, skip that, and get a dismissal. Well, I’m not about to revamp the entire judicial process just because you find yourself in the unique position of defending clients who say they didn’t do it.1 I. Introduction In this proceeding, Brian Beckcom asks this Court to consider whether Texas A&M University has properly complied with his requests under the Texas Public Information Act. A Texas statute specifies that a petition for a writ of mandamus is the appropriate vehicle to do so. The University’s assertion that this Court lacks “jurisdiction” to consider a remedy that the Legislature authorized is spurious.

This Court should also summarily reject the University’s contention that this Court lacks “jurisdiction” simply because the University believes it has complied with the TPIA’s requirements. (Indeed, if a party could challenge a court’s “jurisdiction” whenever it believed itself to be wrongly accused, no court would ever have jurisdiction to consider the merits of any dispute.) Instead, this Court should deny the University’s plea and proceed to consider the merits of the parties’ respective arguments.

Judge Chamberlain Haller, My Cousin Vinny, 20th Century Fox (1992) (emphasis orginal).

-1- - 576 - II. Restatement of the Case Beckcom narrowed the issues that remain before this Court in the amended petition that he filed on March 3, 2025.2 Specifically, Beckcom’s live pleading contends that the University violated the Texas Public Information Act by failing to provide sufficient responses to two requests, which relate to: ¾ The Corps of Cadets freshman-experience program (also known as the “fish brigade”), which the University has coded as Request J000762; and ¾ The University’s investigation of Squadron 17 of the Corps of Cadets, which the University has coded as Request J001147.

Beckcom is not asking this Court to consider the merits of any other requests that he identified in his original petition at this time.

The “argument and authority” section of the University’s plea to the jurisdiction addresses the second of these two requests (J001147)—but not the first (J000762). And because the University did not amend its plea to the jurisdiction after Beckcom filed his amended petition, the plea contains sections of “argument and authority” devoted to disputes that are no longer before this Court, specifically, sections I, V-D, V-E, V-F, V-G, and V-I. Accordingly, none of these sections have any relevance to the pending dispute, and this Court only needs to consider the following arguments: ¾ Section V-H (whether Beckcom has standing to pursue mandamus); ¾ Section V-A (the requirements of the TPIA, which are undisputed); and ¾ Sections V-B and V-C (whether the University satisfied its obligations with respect to Request J001147).

Although Beckcom filed his amended petition in Cause No. 24-3177-CV-85, this Court consolidated that proceeding into this Cause on March 6, 2025.

-2- - 577 - III. Argument for Denying the University’s Plea A. The Legislature specifically authorized this Court to grant mandamus relief when a government agency fails to comply with the Public Information Act.

Although the University’s arguments challenging Beckcom’s standing to seek relief in this Court appear at the end of its plea, this Court must consider those arguments first.3 At the outset of this discussion, therefore, this Court should note that 552.321 of the Texas Government Code authorizes a “requestor” of information under the Texas Public Information Act to “file suit for a writ of mandamus compelling a governmental body to make information available for public inspection if the governmental body refuses to request an attorney general’s decision.” The University does not—because it cannot— argue that Beckcom does not meet the Government Code’s definition of a “requestor.”4 Nor does any authority cited in section IV or section V-H of University’s plea make any reference to the TPIA or the remedies that it provides for parties who are dissatisfied with a governmental agency’s response to a public-information request. In sum, the University is asking this Court to conclude that it has no jurisdiction, despite the undisputed existence of a statute that specifically provides it with jurisdiction. Because the University’s plea seeks an absurd result, this Court should summarily reject it.

See Abbott v. Anti-Defamation League Austin, Sw., & Texoma Regions, 610 S.W.3d 911, 917 (Tex. 2020) (“Because lack of standing deprives the court of subject-matter jurisdiction,” we would normally “address the issue first” before resolving the merits of the plaintiffs’ claims.”).

Tex. Gov’t Code § 552.003(6) (“‘Requestor’ means a person who submits a request to a governmental body for inspection or copies of public information.”).

-3- - 578 - B. The University’s argument that this Court “lacks jurisdiction” is an impermissible effort to obtain a dismissal on the merits—without a sufficient evidentiary showing.

Instead, the University maintains that Beckcom lacks standing in this proceeding because it believes that it has satisfied all of its obligations under the TPIA and, therefore, Beckcom either has no cognizable injury or, alternatively, his complaints are moot.5 But, of course, denying an opposing party’s allegations is not a unique strategy for a defendant in civil litigation. Indeed, if a general denial could deprive a trial court of jurisdiction to hear the merits of a dispute, every case would be dismissed for lack of jurisdiction.

Accordingly, the Texas Supreme Court held a quarter century ago in Bland Independent School District v. Blue that pleas to the jurisdiction should not be used to require plaintiffs “to put on their case simply to establish jurisdiction.”6 The state’s high court expanded on that rule four years later in Texas Department of Parks and Wildlife v. Miranda when it held, “If the evidence creates a fact question regarding the jurisdictional issue, then the trial court cannot grant the plea to the jurisdiction.”7 This Court should conclude that the prohibitions announced in Blue and Miranda should apply here.

As discussed above, there are two factual disputes for this Court to resolve, both of which relate to whether the evidence attached to the University’s plea conclusively establishes that it satisfied its obligations under the TPIA.

¾ With respect to Request J000762, the evidence that the University filed reveals that its last communication with Beckcom regarding this request 1st Am. Plea, p. 22–23.

Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547, 554 (Tex. 2000).

Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 227–28 (Tex. 2004).

-4- - 579 - occurred on March 29, 2024, in which it stated “we are still in the process of locating and gathering records responsive to your request.”8 Beckcom’s attached declaration confirms that the University has since produced some documents, but has withheld others.9 Because the “argument and authority” section of the University’s plea does not address this request at all, it has not conclusively established its compliance with the TPIA.

¾ With respect to Request J001147, section C of the “argument and authority” section of the University’s plea claims that Beckcom “served as his son’s representative in the process.”10 Not only does the University fail to explain the “process” it references, it offers no evidence in support of this argument. But even if it had, Beckcom’s attached declaration denies that he has ever served as his son’s representative in any “process” related to his request.11 Because both of the University’s “jurisdictional” arguments are “inextricably linked to the merits” of its defenses, this Court should conclude that the University cannot obtain a dismissal in this proceeding without satisfying “a burden very similar to that of a movant for summary judgment.”12 And because the University has not “conclusively established” that it has complied with the TPIA (as required by Rule of Civil Procedure 166a(c)) nor identified “no-evidence” points that would shift the burden to Beckcom to come forward with evidence (as required by Rule 166a(i)), this Court should reject the University’s argument that this Court “lacks jurisdiction” to consider the merits of the parties’ respective arguments.

2d Supp. to Plea, p. 38; see also Ex. _ to Beckcom Decl., (attached).

Beckcom Decl., ¶ 3 (attached).

1st Am. Plea, p. 15.

Beckcom Decl., ¶ 6 (attached).

See, e.g., City of San Antonio by & through City Pub. Serv. Bd. of San Antonio v. Smith, 562 S.W.3d 75, 86 (Tex. App.—San Antonio 2018, pet. denied); Univ. of Texas v. Poindexter, 306 S.W.3d 798, 806 (Tex. App.—Austin 2009, no pet.).

-5- - 580 - IV. Conclusion Having established that genuine issues of material fact remain in dispute with respect to whether the University’s responses to Beckcom’s requests J001147 and J000762 satisfied the requirements of the Texas Public Information Act, this Court should deny the University’s plea to the jurisdiction and provide the parties with guidance for submitting arguments and evidence to this Court for a ruling on the merits.

Respectfully submitted, /s/ Hunter Shurtleff Hunter Shurtleff Texas Bar No. 00794629 Shurtleff Law Firm, PC P.O. Box 9618 College Station, Texas 77842-9618 (979) 446-4012 [email protected] Brian A. Beckcom Texas Bar No. 24097706 1220 Augusta, Suite 240 Houston, Texas 77057 (713) 224-7800 [email protected]

Certificate of Service I certify that on April 15, 2025, I served a copy of this response brief on all counsel of record via e-filing in accordance with Texas Rule of Civil Procedure 21a and this Court’s local rules.

/s/ Brian Beckcom Brian Beckcom

-6- - 581 - DECLARATION OF BRIAN BECKCOM My name is Brian Beckcom. My date of birth is November 30, 1972. My address is 1220 Augusta Drive, Suite 240, Houston, Texas 77057. I am over 18 years of age, of sound mind, and capable of making this declaration.

1. I am the Plaintiff in the above-captioned case. I submitted the two requests that remain at issue in this case: Request J000762 and Request J001147.

2. Request J000762 relates to a proposed radical restructuring of the Corps of Cadets freshman-experience program (also known as the "fish brigade"). I submitted this request to the University on March 28, 2024.

3. As of the date of this declaration, TAMU has refused to produce all responsive documents to this request alleging that they are a “compilation” of DEI documents within the meaning of Education Code section 51.971. However, based on information and belief, the documents existed independently prior to SB17 and therefore do not only exist as part of the alleged compliance program.

4. Additionally, SB17 made DEI illegal in the State of Texas and established a mechanism to report violations. If public institutions can withhold DEI documents as a “compliance effort,” the public could not discover or report violations.

5. Request J001147 relates to the University's investigation of Squadron 17 of the Corps of Cadets in the Spring of 2024. I submitted this request to the University on March 28, 2024.

6. TAMU claims in an affidavit that I served as a “legal” representative during these hearings. TAMU’s affidavit is false. While many parents and their students wanted me to serve as their lawyer, and I requested the same from TAMU, TAMU rules prohibit students from having lawyers during administrative hearings and TAMU did not allow me to represent any students as their lawyer during the hearings. I was allowed to sit in on my son’s hearings as an advisor but was prohibited from speaking or serving as his lawyer. Per TAMU rules, I was only allowed to be in the room because I was his father.

7. TAMU has produced to me almost all of the materials related to an investigation of Squadron 17 in the Fall of 2024, but has withheld almost all documents from an investigation of Squadron 17 in the Spring of 2024, now alleging FERPA protections via affidavit.

- 582 - I declare under penalty of perjury that the foregoing is true and correct.

Executed in Harris County, Texas on this 15th day of April, 2025.

/s/ Brian Beckcom ___________________________ Brian Beckcom

- 583 - - 584 - - 585 - Cause No. 24-3177-CV-85 Brian Beckcom § § 85th District Court v. § § Brazos County, Texas Texas A&M University §

Plaintiff’s Request for Findings of Fact and Conclusions of Law

This Court. Plaintiff respectfully requests this Court to issue findings of fact and conclusions of law in support of its Final Judgment dated May 12, 2025. The Texas Supreme Court has held that such requests are appropriate and necessary in statutorily authorized mandamus proceedings in trial courts. See Anderson v. City of Seven Points, 806 S.W.2d 791, 792 n.1 (Tex. 1991). This request is timely, as it is filed within 20 days of this Court’s final judgment. Tex. R. Civ. P. 4, 296. The Court’s findings and conclusions are due June 23, 2025. Tex. R. Civ. P. 4, 297.

-1- - 586 - Certificate of Service I certify that on June 2, 2025, I served a copy of this response brief on all counsel of record via e-filing in accordance with Texas Rule of Civil Procedure 21a and this Court’s local rules.

/s/ Hunter Shurtleff Hunter Shurtleff

-2- - 587 - CAUSE NO. 24-003177-CV-85 BRIAN BECKOM, § IN THE DISTRICT COURT § Plaintiff, § § v. § BRAZOS COUNTY, TEXAS § TEXAS A&M UNIVERSITY, § § Defendant. § 85TH JUDICIAL DISTRICT DEFENDANT’S OBJECTIONS TO PLAINTIFF’S REQUEST FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW Defendant Texas A&M University (“TAMU”) files its Objections to Plaintiff’s Request for Findings of Fact and Conclusions of Law because Plaintiff is not entitled to findings and conclusions in this case. In support, TAMU respectfully offers the following for consideration by the Court: On April 17, 2025, a hearing was held before this Court on Plaintiff’s Amended Petition for Writ of Mandamus (“Petition”), Defendant’s Plea to the Jurisdiction along with all three supplements thereto and Plaintiff’s Response to the Plea. On May 12, 2025, an order was issued denying Plaintiff’s Petition and also denying TAMU’s Plea. On June 2, 2025, Plaintiff filed a Request for Findings of Fact and Conclusions of Law.

For the reasons set forth herein, Plaintiff is not entitled to findings of fact and conclusions of law therefore this request should be denied and disregarded.

- 588 - LEGAL ARGUMENT AND AUTHORITY This is a suit for writ of mandamus pursuant to the Texas Public Information Act (TPIA). TEX. GOV’T CODE § 552.321.

According to Rules 296 and 297 of the Texas Rules of Civil Procedure, a trial judge must prepare findings of fact in cases tried in the district court without a jury. See TEX. R. CIV. P. 296, 297 (emphasis added). When a trial court grants summary judgment relief, however, findings of fact are not appropriate because the summary judgment proceeding has not been “tried” within the scope of rule 296. IKB Indus. (Nigeria) Ltd. v. Pro-Line Corp., 938 S.W.2d 440, 441 (Tex. 1997) (holding that findings of fact and legal conclusions are neither necessary nor proper in summary judgment proceeding); Willms v. Americas Tire Co., Inc., 190 S.W.3d 796, 810 (Tex. App. - Dallas 2006, pet. denied); Linwood v. NCNB Tex., 885 S.W.2d 102, 103 (Tex. 1994) (holding that appellate deadlines are not extended by request for findings of fact and conclusions of law following summary judgment because they “have no place in a summary judgment proceeding”).

As these cases suggest, the trial court’s precise legal conclusions are neither essential nor particularly germane to the disposition of an appeal from a summary judgment because the grounds for granting summary judgment are limited to those specified in the motion, and courts of appeal review those judgments de novo. See, e.g., Valence Operating Co. v. Dorsett, 164 S.W.3d 656,

- 589 - (Tex. 2005); Provident Life & Accident Ins. Co. v. Knott, 128 S.W.3d 211,215 (Tex. 2003).

Here, the Court expressly denied Plaintiff’s Petition by way of an Order dismissing with prejudice all claims and causes of action asserted by Plaintiff.

See Order dated May 12, 2025. Accordingly, all relief requested by Plaintiff was denied. Id. This is tantamount to the granting of a summary judgment since the Court effectively dismissed the case because Plaintiff’s TPIA claims were unmeritorious and lacked any genuine issue of material fact. See TEX. R. CIV. P. 166a(c); City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, n.5 (Tex. 1979). As a result, TAMU was entitled to and, in fact, obtained a final judgment in its favor.

Moreover, nowhere in the TPIA does it authorize a bench trial much less a jury trial. In this regard, the April 17th hearing was exactly that, simply a hearing based on the pleading and the evidence. There were no opening statements, no witness examination or cross examination, no closing arguments and no verdict by the Honorable Judge. Stated another way, there was no indicia to indicate or suggest that the April 17th hearing was “tried” within the meaning of Rule 296.

Plaintiff also misrepresents the case cited in support of his request for findings and conclusions, namely Anderson v. City of Seven Points, 806 S.W.2d 791 (Tex. 1991). First and most obviously, Anderson was not a TPIA case.

- 590 - Rather, it involved a suit to require a mayor to hold an election on a question abolishing the city’s corporate existence. Id. Additionally, the Anderson case involved a bench trial in which witnesses testified and there was even conflicting witness testimony. Id. at 793. In this case, as explained above, what occurred in this case on April 17th was merely a hearing more akin to a dispositive summary judgment motion versus a “trial” within the meaning of Rule 296.

Moreover, nowhere in Anderson, including footnote 1 cited to by Plaintiff, can be found the broad and sweeping generalization that “The Texas Supreme Court has held that such requests (i.e., a request for findings of facts and conclusions of law) are appropriate and necessary in statutorily authorized mandamus proceedings in trial courts.” See Plaintiff’s Request. Plaintiff blatantly misrepresents the Anderson case to this Court.

CONCLUSION Accordingly, because findings of fact and conclusions of law are not appropriate, TAMU’s objections should be sustained. Therefore, the Court should deny and disregard Plaintiff’s Request for Findings of Fact and Conclusions of Law.

Respectfully submitted.

KEN PAXTON Attorney General of Texas

- 591 - BRENT WEBSTER First Assistant Attorney General RALPH MOLINA Deputy First Assistant Attorney General AUSTIN KINGHORN Deputy Attorney General for Civil Litigation KIMBERLY GDULA Chief, General Litigation Division /s/ Jason T. Contreras JASON T. CONTRERAS Assistant Attorney General Texas Bar No. 24032093 [email protected] Office of the Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Phone: 512-463-2120 Fax: 512-320-0667 Attorneys for Defendant

- 592 - CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing was served electronically through E-File Texas, File and Serve Texas in compliance with TRCP 21 on June 4, 2025 to: Hunter Shurtleff Shurtleff Law Firm, PC P.O. Box 9618 College Station, Texas 77842-9618 Office: 409 E. 26th Street Bryan, Texas 77803 Telephone (979) 446-4012 Fax (979) 431-0065 [email protected] /s/ Jason T. Contreras JASON T. CONTRERAS Assistant Attorney General

- 593 - Cause No. 24-3177-CV-85 Brian Beckcom § § 85th District Court v. § § Brazos County, Texas Texas A&M University §

Plaintiff’s Amended Response to Defendant’s Objection to Request for Findings of Fact and Conclusions of Law

Defendant Texas A&M University’s objections to Plaintiff’s request for findings of fact and conclusions of law are premised on its mistaken belief that (a) this court’s denial of Plaintiff’s petition for writ of mandamus was “tantamount to the granting of summary judgment;” and (b) Plaintiff’s cited authorities do not support his request.

Because TAMU is wrong on both counts, this Court should overrule its objection.

First, the hearing that this Court held on April 17, 2025 has no similarities to a summary-judgment proceeding, either procedurally or substantively. Here, Plaintiff filed suit for a writ of mandamus as section 552.321 of the Texas Government Code requires when “a governmental body…refuses to supply public information.” In response, TAMU filed a “plea to the jurisdiction” that did not cite Texas Rule of Civil Procedure 166a, nor did it cite the summary-judgment standard of review, nor did it argue that it had “conclusively established” anything, nor did it argue that “there is no genuine issue as to any material fact,” nor did it suggest that it was entitled to relief on “no evidence” grounds following “an adequate time for discovery.” Instead, TAMU argued that this Court lacked subject-matter jurisdiction because it believed that it complied with the

-1- - 594 - Pubic Information Act and, therefore, Plaintiff lacked standing to pursue mandamus relief in this Court.

Correctly recognizing that Legislature granted Plaintiff’s standing to seek this relief when it enacted section 552.321 of the Texas Government Code, this Court summarily denied TAMU’s “plea to the jurisdiction.” But this Court also reached its decision to deny Plaintiff’s request for writ of mandamus with prejudice after considering the parties’ arguments and evidence and the applicable law. Although Plaintiff acknowledges that this appears to be an issue of first impression, he respectfully submits that this Court’s April 17, 2025 hearing was much more akin to a bench trial than to a summary-judgment proceeding.

Accordingly, Plaintiff requested findings of fact and conclusions of law to facilitate the court of appeals’ review of this proceeding. For example, given that TAMU denied Plaintiff’s requests for records on multiple bases, which one did this Court find persuasive? Were the requests too broad? Was the information protected by state or federal law? Did TAMU demonstrate that responsive documents do not exist? Moreover, what authority allows this Court to deny a suit for a writ of mandamus “with prejudice”?

And what does “with prejudice” mean? If the Court’s conclusion was based on the absence of existing documents, and Plaintiff learns later that responsive documents have been created, could Plaintiff seek production of them in the future? If Plaintiff files a new records request using different criteria, does the court’s existing order now collaterally estop any requests for any documents that could have been the subject of the requests in this proceeding?

-2- - 595 - TAMU’s argument that findings of fact and conclusions of law will not be helpful to the court of appeals is unpersuasive. According to TAMU: The trial court’s precise legal conclusions are neither essential nor particularly germane to the disposition of an appeal from a summary judgment because the grounds for granting summary judgment are limited to those specified in the motion.”

But the fact is, none of these questions can be answered by looking to the bases on which TAMU sought relief, because its only basis for denying Plaintiff’s substantive requests for relief was based on his alleged “lack of standing,” a nonsensical argument that this Court summarily dismissed. And TAMU’s reliance on the Texas Supreme Court’s 1979 decision in City of Houston v. Clear Creek Basin Authority, 589 S.W.2d 671, 678 n.5 (Tex. 1979)—a case where the governmental entity moved for summary judgment, obviously has no relevance to this issue either.

Finally, with respect to Plaintiff’s reliance on Anderson v. City of Seven Points, 806 S.W.2d 791 (Tex. 1991) in support of his request for findings of fact and conclusions of law, Plaintiff acknowledges that it does not arise out of a Public Information Act dispute. (Of course, neither do any of the authorities on which TAMU relies.). But in Anderson, the Texas Supreme Court recognized that the trial court’s findings of fact and conclusions of law allowed the appellate court to conduct its legal and factual sufficiency review. Id. at 794. And because there—as here—this Court’s factual findings will be inherently tied to the determination of whether a government agency or official had discretion to act in a certain way, Id. at 794 n.2, this Court should reject TAMU’s suggestion that Plaintiff’s reliance on Anderson was a “blatant misrepresentation.”

-3- - 596 - For these reasons, this Court should overrule TAMU’s objection and issue the findings and conclusions that Plaintiff requested.

Certificate of Service I certify that on June 6, 2025, I served a copy of this response brief on all counsel of record via e-filing in accordance with Texas Rule of Civil Procedure 21a and this Court’s local rules.

/s/ Brian Beckcom Brian Beckcom

-4- - 597 - Cause No. 24-3177-CV-85 Brian Beckcom § § 85th District Court v. § § Brazos County, Texas Texas A&M University §

Petitioner’s Proposed Findings of Fact and Conclusions of Law

Petitioner Brian Beckcom submits the following proposed findings of fact and conclusions of law in support of an order that DENIES Defendant Texas A&M University’s plea to the jurisdiction.

Findings of Fact 1. On February 26, 2024, Plaintiff Brian Beckcom sent a letter to Defendant Texas A&M University requesting documents related to plans regarding the restructuring of the Corps of Cadets.

2. In a separate correspondence also sent on February 26, 2024, but as part of the same request, Beckcom requested documents regarding TAMU’s DEI initiatives, as they related to the restructuring of the Corps of Cadets.

3. In its response to Beckcom, TAMU stated that it intended to withhold and/or redact documents that were responsive to Beckcom’s February 26, 2024 requests and cited section 552.101 of the Texas Government Code and section 51.971 of the Texas Education Code as authority for its withholding and/or redactions.

-1- - 598 - 4. Although TAMU produced some documents in response to Beckcom’s February 26, 2024 requests, it also redacted and/or withheld documents that were responsive to Beckcom’s February 26, 2024 requests.

5. On March 28, 2024, Beckcom sent another request to TAMU for documents related to several investigations into the Corps of Cadets.

6. In its response to Beckcom, TAMU stated that it intended to withhold and/or redact documents that were responsive to Beckcom’s March 28, 2024 requests and cited the federal Family Education Rights and Privacy Act, 28 U.S.C. § 1232g and section 552.026 of the Texas Education Code as authority for its withholding and/or redactions.

7. Although TAMU produced some documents in response to Beckcom’s March 28, 2024 requestes, it also withheld and/or redacted documents that were responsive to Beckcom’s March 28, 2024 requests.

8. This is the second of three suits that Beckcom filed in this Court seeking writs of mandamus ordering TAMU to comply with his requests: — Beckcom nonsuited his first suit, Cause No. 23-902-CV-85 — This Court consolidated Beckcom’s third suit, Cause No. 23-3358-CV-85, into this Cause.

9. In response to Beckcom’s suits, TAMU filed a plea to the jurisdiction in which it contended that it complied with its obligations under the Texas Public Information Act and, therefore, Plaintiff lacked standing to seek relief in this Court.

-2- - 599 - 10. TAMU’s plea to the jurisdiction did not cite Texas Rule of Civil Procedure 166a, nor did it include the words “summary judgment” or any phrases from Rule 166a that would suggest to this Court that it was requesting a summary judgment, nor did its plea attach evidence that would be admissible in a summary-judgment proceeding.

11. Beckcom filed a response to TAMU’s plea to the jurisdiction on April 15, 2025, which included a declaration from Beckcom.

12. The Court considered the parties’ arguments and evidence at a hearing on April 17, 2025.

13. At the hearing, TAMU did not object to Beckcom’s response as being untimely under Rule 166a.

Conclusions of Law 1. The first section of the Texas Public Information Act provides: Under the fundamental philosophy of the American constitutional form of representative government that adheres to the principle that government is the servant and not the master of the people, it is the policy of this state that each person is entitled, unless otherwise expressly provided by law, at all times to complete information about the affairs of government and the official acts of public officials and employees. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. The provisions of this chapter shall be liberally construed to implement this policy.

Tex. Gov’t Code Ann. § 552.001(a).

2. The Public Information Act requires “an officer for public information of a governmental body shall promptly produce public information for inspection, duplication, or both on application by any person to the officer.” Id. at § 552.221(a) (emphasis added).

-3- - 600 - 3. Beckcom’s requests to TAMU on February 26, 2024 and March 28, 2024 are “applications” within the meaning of section 552.221(a).

4. Beckcom’s applications were received by TAMU’s “officer for public information” within the meaning of section 552.221(a).

5. The Public Information Act authorizes a “requestor” of information to “file suit for a writ of mandamus compelling a governmental body to make information available for public inspection if the governmental body refuses to…supply public information….” Id. at § 552.321.

6. Beckcom is a “requestor” of information within the meaning of section 552.321(a).

7. TAMU is a “governmental body” within the meaning of section 552.321(a).

8. TAMU refused to supply public information to Beckcom.

9. Beckcom had standing to file this suit against TAMU.

10. TAMU has failed to explain how the federal Family Education Rights and Privacy Act, 28 U.S.C. § 1232g, sections 552.101 and 552.026 of the Texas Government Code, or sections 51.971 of the Texas Education Code, support its decisions to withhold and/or redact documents in its possession, custody, or control that are responsive to Beckcom’s requests.

-4- - 601 - Respectfully submitted, /s/ Hunter Shurtleff Hunter Shurtleff Texas Bar No. 00794629 Shurtleff Law Firm, PC P.O. Box 9618 College Station, Texas 77842-9618 (979) 446-4012 [email protected] Brian A. Beckcom Texas Bar No. 24097706 1220 Augusta, Suite 240 Houston, Texas 77057 (713) 224-7800 [email protected]

/s/ Brian Beckcom Brian Beckcom

-5- - 602 - Cause No. 24-3177-CV-85 Brian Beckcom § § 85th District Court v. § § Brazos County, Texas Texas A&M University §

Order

Upon consideration of Defendant Texas A&M University’s objections to Plaintiff Brian Beckcom’s request for findings of fact and conclusions of law, as well as Plaintiff’s response, this Court OVERRULES the objection.

JUDGE KYLE HAWTHORNE

- 603 - Cause No. 24-3177-CV-85 Brian Beckcom § § 85th District Court v. § § Brazos County, Texas Texas A&M University §

Order

This Court’s Order dated May 12, 2025 is VACATED.

Defendant Texas A&M University’s plea to the jurisdiction is DENIED.

The Clerk of this Court is ORDERED to set this proceeding for a bench trial at its next available setting.

JUDGE KYLE HAWTHORNE

- 604 - CAUSE NO. 24-003177-CV-85 BRIAN BECKOM, § IN THE DISTRICT COURT § Plaintiff, § § v. § BRAZOS COUNTY, TEXAS § TEXAS A&M UNIVERSITY, § § Defendant. § 85TH JUDICIAL DISTRICT DEFENDANT’S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW SUBJECT TO OBJECTIONS Defendant Texas A&M University (“TAMU”) respectfully submits the following Findings of Fact and Conclusions of Law as requested by the Court, subject to its Objections: I. FINDINGS OF FACT 1. On or about February 26, 2024, Plaintiff made a TPIA request to TAMU, including a request for DEI-related documents.

2. TAMU withheld and excepted from disclosure certain DEI-related documents in response to the February 26, 2024 request pursuant to TEX. GOV’T CODE § 552.101 and TEX. EDUC. CODE § 51.971.

3. On or about March 28, 2024, Plaintiff made another TPIA request to TAMU, including a request for documents related to a hazing investigation occurring within the TAMU Corps of Cadets.

- 605 - 4. TAMU withheld and excepted from disclosure certain hazing-related documents in response to the March 28, 2024 request pursuant to TEX. GOV’T CODE § 552.114.

5. At a hearing before the Court on April 17, 2025, the court considered the argument of the parties and the evidence presented in support, including TAMU’s Plea to the Jurisdiction, all three supplements attached thereto, and all exhibits attached to the Plea and the three supplements.

6. Plaintiff failed to present any evidence to support his claim that TAMU has additional responsive documents to his TPIA requests, not subject to an applicable exception to disclosure that it failed to provide.

7. Plaintiff failed to present any evidence that TAMU did not conduct an adequate search of documents responsive to the TPIA requests in issue.

II. CONCLUSIONS OF LAW 1. Plaintiff’s Original Petition for Writ of Mandamus filed on October 24, 2024 was superseded by Plaintiff’s Amended Petition for Writ of Mandamus filed on March 3, 2025. TEX. R. CIV. P. 64 and 65; Town Park Ctr., LLC v. City of Sealy, 639 S.W.3d 170, 195 (Tex. App.— Houston [1st Dist.] 2021, no pet.) (“When an amended pleading is

- 606 - filed, the amended pleading supersedes and supplants the prior pleading, which may no longer be considered.”).

2. TAMU was not required to request an opinion from the Attorney General to withhold documents protected by Family Educational Rights and Privacy Act (FERPA).

3. TAMU has discretion whether to disclose information in an educational record even if disclosure is authorized by FERPA.

4. TAMU met its burden that the exceptions from disclosure applied in response to the TPIA requests in issue pursuant to TEX. GOV’T CODE § 552.101 and § 552.114, and TEX. EDUC. CODE § 51.971.

5. TAMU met its obligations under the TPIA in response to Plaintiff’s requests and was in no way in violation of the TPIA.

6. Plaintiff’s Amended Petition for Writ of Mandamus was denied by the trial court because it lacked merit and due to the lack of a genuine issue of any material fact.

CONCLUSION Accordingly, TAMU respectfully requests that the above findings of fact and conclusions of law be entered in support of the final judgment in this case.

- 607 - Respectfully submitted.

KEN PAXTON Attorney General of Texas BRENT WEBSTER First Assistant Attorney General RALPH MOLINA Deputy First Assistant Attorney General AUSTIN KINGHORN Deputy Attorney General for Civil Litigation KIMBERLY GDULA Chief, General Litigation Division /s/ Jason T. Contreras JASON T. CONTRERAS Assistant Attorney General Texas Bar No. 24032093 [email protected] Office of the Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Phone: 512-463-2120 Fax: 512-320-0667 Attorneys for Defendant

- 608 - CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing was served electronically through E-File Texas, File and Serve Texas in compliance with TRCP 21 on June 6, 2025 to: Hunter Shurtleff Shurtleff Law Firm, PC P.O. Box 9618 College Station, Texas 77842-9618 Office: 409 E. 26th Street Bryan, Texas 77803 Telephone (979) 446-4012 Fax (979) 431-0065 [email protected] /s/ Jason T. Contreras JASON T. CONTRERAS Assistant Attorney General

- 609 - CAUSE NO. 24-003177-CV-85 BRIAN BECKOM, § IN THE DISTRICT COURT § Plaintiff, § § v. § BRAZOS COUNTY, TEXAS § TEXAS A&M UNIVERSITY, § § Defendant. § 85TH JUDICIAL DISTRICT DEFENDANT’S OBJECTIONS TO PLAINTIFF’S PROPOSED ORDER TO VACATE FINAL JUDGMENT ORDER Defendant Texas A&M University (“TAMU”) files its Objections to Plaintiff’s Proposed Order to Vacate the May 12, 2025 Final Judgment Order and to set this case for a bench trial. In support of its Objections, TAMU respectfully offers the following for consideration by the Court: TAMU objects to Plaintiff’s proposed order because he filed it as a “stand- alone” order without any motion or brief in support. The reason Plaintiff submitted the proposed order in this manner is because no legal basis exists that would entitle him to any of the relief requested therein.

Moreover, in his Amended Response to Defendant’s Objection to Request for Findings of Fact and Conclusions of Law (Amended Response), Plaintiff argued that “this Court’s April 17, 2025 hearing was much more akin to a bench trial ….” Assuming what occurred on April 17th was a bench trial as he argues, which TAMU disputes, he is now in non-sensical fashion requesting

- 610 - another bench trial. See Amended Response at p. 2. He then proceeds to posit a host of irrelevant, immaterial questions in an obvious attempt to distort the issues. Id. By all accounts, requesting a second bench trial after taking the position that the April 17th hearing was a bench trial, is not only procedurally improper but also entirely absurd.

Plaintiff had his day in court on April 17th and he does not get a “re-do” simply because he is unhappy that TAMU prevailed.

Plaintiff’s proposed order is entirely vacuous and without legal basis.

Accordingly, filing this frivolous proposed order without any grounds in law whatsoever subjects Plaintiff and his counsel to sanctions pursuant to Rule 13 of the Texas Rules of Civil Procedure and Section 10.001 of the Civil Practice and Remedies Code. CONCLUSION Accordingly, TAMU’s objections to Plaintiff’s proposed order seeking to vacate the May 12, 2025 Final Judgment Order should be SUSTAINED.

Therefore, the Court should deny and disregard Plaintiff’s proposed order.

Respectfully submitted.

KEN PAXTON Attorney General of Texas BRENT WEBSTER First Assistant Attorney General

- 611 - RALPH MOLINA Deputy First Assistant Attorney General AUSTIN KINGHORN Deputy Attorney General for Civil Litigation KIMBERLY GDULA Chief, General Litigation Division /s/ Jason T. Contreras JASON T. CONTRERAS Assistant Attorney General Texas Bar No. 24032093 [email protected] Office of the Attorney General General Litigation Division P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Phone: 512-463-2120 Fax: 512-320-0667 Attorneys for Defendant

- 612 - CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing was served electronically through E-File Texas, File and Serve Texas in compliance with TRCP 21 on June 9, 2025 to: Hunter Shurtleff Shurtleff Law Firm, PC P.O. Box 9618 College Station, Texas 77842-9618 Office: 409 E. 26th Street Bryan, Texas 77803 Telephone (979) 446-4012 Fax (979) 431-0065 [email protected] /s/ Jason T. Contreras JASON T. CONTRERAS Assistant Attorney General

- 613 - Cause No. 24-3177-CV-85 Brian Beckcom § § 85th District Court v. § § Brazos County, Texas Texas A&M University §

Plaintiff’s Motion for New Trial

Plaintiff Brian Beckcom respectfully requests this Court to order a new trial because the Court’s conclusions of law that (a) Plaintiff was not entitled to a writ of mandamus, and (b) Defendant Texas A&M University is entitled to a dismissal with prejudice, were contrary to law and/or against the overwhelming weight of the evidence.

Tex. R. Civ. P. 320; 324.

-1- - 614 - Certificate of Service I certify that on June 10, 2025, I served a copy of this response brief on all counsel of record via e-filing in accordance with Texas Rule of Civil Procedure 21a and this Court’s local rules.

/s/ Brian Beckcom Brian Beckcom

-2- - 615 - Received & Filed 6/5/2025 1:14 PM Gabriel Garcia, District Clerk Brazos County, Texas Cereena Grimes Envelope# - 101668037

CAUSE NO. 24-003177-CV-85 BRIAN BECKOM, § IN THE DISTRICT COURT § Plaintiff, § § v. § BRAZOS COUNTY, TEXAS § TEXAS A&M UNIVERSITY, § § Defendant. § 85TH JUDICIAL DISTRICT ORDER Came to be considered Defendant’s Objections to Plaintiff’s Request for Findings of Fact and Conclusions of Law. After consideration of the objections and the controlling law, it is SUSTAINED.

Accordingly, Plaintiff’s Request for Findings of Fact and Conclusions of Law is DENIED and disregarded.

SIGNED this _____ day of June 2025.

_________________________ JUDGE PRESIDNG

- 616 - Automated Certificate of eService This automated certificate of service was created by the efiling system.

Nicole Myette on behalf of Jason Contreras Bar No. 24032093 [email protected] Envelope ID: 101668037 Filing Code Description: Proposed Order Filing Description: Denying Plaintiff's Request for Findings of Fact and Conclusions of Law Status as of 6/5/2025 2:45 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Patti Artavia [email protected] 6/5/2025 1:14:32 PM SENT Brian ABeckcom [email protected] 6/5/2025 1:14:32 PM SENT Brendan Fradkin [email protected] 6/5/2025 1:14:32 PM SENT Michael Granado [email protected] 6/5/2025 1:14:32 PM SENT Hunter Shurtleff [email protected] 6/5/2025 1:14:32 PM SENT

Associated Case Party: Texas A&M University Name BarNumber Email TimestampSubmitted Status Jason Contreras [email protected] 6/5/2025 1:14:32 PM SENT Nicole A.Myette [email protected] 6/5/2025 1:14:32 PM SENT

- 617 - Cause No. 24-3177-CV-85 Brian Beckcom § § 85th District Court v. § § Brazos County, Texas Texas A&M University §

Plaintiff’s Notice of Past-Due Findings of Fact and Conclusions of Law

This Court signed an order in this Cause on May 12, 2025 that serves as a final judgment because it disposed of all claims against all parties. Because all of Plaintiff’s claims against all Defendant were adjudicated by the Court (as opposed to a jury trial) a request for findings of fact and conclusions of law is now timely. In a document filed June 2, 2025, Plaintiff respectfully requested this Court to issue findings of fact and conclusions of law. The Court’s findings and conclusions were due June 22, 2025.

Tex. R. Civ. P. 297. Accordingly, Plaintiff serves this notice to inform the Court that its findings and conclusions are past due. This Court’s plenary power expires on August 25, 2025.

Respectfully submitted, /s/ Hunter Shurtleff Hunter Shurtleff Texas Bar No. 00794629 Shurtleff Law Firm, PC P.O. Box 9618 College Station, Texas 77842-9618 (979) 446-4012 [email protected]

-1- - 618 - Brian A. Beckcom Texas Bar No. 24097706 1220 Augusta, Suite 240 Houston, Texas 77057 (713) 224-7800 [email protected]

Certificate of Service I certify that on June 23, 2025, I served a copy of this response brief on all counsel of record via e-filing in accordance with Texas Rule of Civil Procedure 21a and this Court’s local rules.

/s/ Hunter Shurtleff Hunter Shurtleff

-2- - 619 - Cause No. 24-3177-CV-85 Brian Beckcom § § 85th District Court v. § § Brazos County, Texas Texas A&M University §

Designation of Reporter’s Record

Plaintiff Brian Beckcom respectfully requests this Court’s reporter to prepare a transcript of the proceedings in this Cause before this Court on April 17, 2025, and to send the transcript and all exhibits to the Court of Appeals of Texas, Tenth District.

Respectfully submitted, /s/ Matthew J. Kita Matthew J. Kita Texas Bar No. 24050883 3110 Webb Avenue, Suite 150 Dallas, Texas 75205 (214) 699-1863 [email protected] Appellate Counsel for Plaintiff

-1- - 620 - Certificate of Service I certify that on June 30, 2025, I served a copy of this notice on all counsel of record via e-filing in accordance with Texas Rule of Civil Procedure 21a.

/s/ Matthew J. Kita Matthew J. Kita

-2- - 621 - Received & Filed 6/30/2025 12:47 PM Gabriel Garcia, District Clerk Brazos County, Texas Mikayla Ryann Watson Envelope# - 102585598

Cause No. 24-3177-CV-85 Brian Beckcom § § 85th District Court v. § § Brazos County, Texas Texas A&M University §

Plaintiff’s Notice of Appeal

Plaintiff Brian Beckcom appeals this Court’s May 12, 2025 order of dismissal to the Court of Appeals of Texas, Tenth District Respectfully submitted, /s/ Matthew J. Kita Matthew J. Kita Texas Bar No. 24050883 3110 Webb Avenue, Suite 150 Dallas, Texas 75205 (214) 699-1863 [email protected] Appellate Counsel for Plaintiff

Certificate of Service I certify that on June 30, 2025, I served a copy of this notice on all counsel of record and this Court’s reporter via e-filing in accordance with Texas Rule of Civil Procedure 21a, Texas Rule of Appellate Procedure 42.3, and section 51.017(a) of the Texas Civil Practice and Remedies Code. /s/ Matthew J. Kita Matthew J. Kita

- 622 - Automated Certificate of eService This automated certificate of service was created by the efiling system.

Matthew Kita on behalf of Matthew Kita Bar No. 24050883 [email protected] Envelope ID: 102585598 Filing Code Description: Notice Filing Description: of Appeal Status as of 6/30/2025 3:09 PM CST Associated Case Party: Texas A&M University Name BarNumber Email TimestampSubmitted Status Jason Contreras [email protected] 6/30/2025 12:47:37 PM SENT Nicole A.Myette [email protected] 6/30/2025 12:47:37 PM SENT

Case Contacts Name BarNumber Email TimestampSubmitted Status Patti Artavia [email protected] 6/30/2025 12:47:37 PM SENT Brian ABeckcom [email protected] 6/30/2025 12:47:37 PM SENT Brendan Fradkin [email protected] 6/30/2025 12:47:37 PM SENT Matthew Kita 24050883 [email protected] 6/30/2025 12:47:37 PM SENT Michael Granado [email protected] 6/30/2025 12:47:37 PM SENT Hunter Shurtleff [email protected] 6/30/2025 12:47:37 PM SENT Paula Frederick [email protected] 6/30/2025 12:47:37 PM SENT

- 623 - Received & Filed 6/30/2025 12:47 PM Gabriel Garcia, District Clerk Brazos County, Texas Mikayla Ryann Watson Envelope# - 102585598

Cause No. 24-3177-CV-85 Brian Beckcom § § 85th District Court v. § § Brazos County, Texas Texas A&M University §

Notice of Appendix in Lieu of Clerk’s Record

Plaintiff Brian Beckcom provides the Clerk of this Court with notice that he will prepare an appendix in lieu of a clerk’s record for the appeal of this cause. This notice is filed within 10 days of the filing of his notice of appeal, as permitted and required by section 51.018 of the Civil Practice and Remedies Code and Texas Rule of Appellate Procedure 34.5a. Under this statute and rule, the Clerk may not prepare a Clerk’s Record or assess a fee if an appendix is filed.

Respectfully submitted, /s/ Matthew J. Kita Matthew J. Kita Texas Bar No. 24050883 3110 Webb Avenue, Suite 150 Dallas, Texas 75205 (214) 699-1863 [email protected] Appellate Counsel for Plaintiff

-1- - 624 - Certificate of Service I certify that on June 30, 2025, I served a copy of this notice on all counsel of record via e-filing in accordance with Texas Rule of Civil Procedure 21a.

/s/ Matthew J. Kita Matthew J. Kita

-2- - 625 - Automated Certificate of eService This automated certificate of service was created by the efiling system.

Matthew Kita on behalf of Matthew Kita Bar No. 24050883 [email protected] Envelope ID: 102585598 Filing Code Description: Notice Filing Description: of Appeal Status as of 6/30/2025 3:09 PM CST Associated Case Party: Texas A&M University Name BarNumber Email TimestampSubmitted Status Nicole A.Myette [email protected] 6/30/2025 12:47:37 PM SENT Jason Contreras [email protected] 6/30/2025 12:47:37 PM SENT

- 626 - 9/18/25, 10:08 AM Details

Case Information 24-003177-CV-85 | Brian Beckcom vs. Texas A&M University Case Number Court Judicial Officer 24-003177-CV-85 85th District Court Hawthorne, Kyle File Date Case Type Case Status 10/24/2024 Civil Case - Other Dismissed

Party Plaintiff Active Attorneys  Beckcom, Brian Attorney Fradkin, Brendan Address Retained 1200 Augusta, Suite 240 Suite 400 Houston TX 77057 Attorney BECKCOM, BRIAN Retained

Lead Attorney Kita, Matthew Joseph Retained

Defendant Active Attorneys  Texas A&M University Lead Attorney Contreras, Jason T.

Address Retained Bizzel St. College Station TX 77840 https://portal-txbrazos.tylertech.cloud/BrazosPortal/Home/WorkspaceMode?p=0 - 627 - 1/7 9/18/25, 10:08 AM Details

Disposition Events

05/12/2025 Judgment 

Judicial Officer Hawthorne, Kyle Judgment Type Dismissed

Events and Hearings

10/24/2024 Original Petition (OCA)

10/24/2024 ORIGINAL PETITION

10/28/2024 Issue Process Instructions

11/12/2024 Writ of Mandamus

11/12/2024 Issue Process Instructions

11/15/2024 CITATION ISSUED

11/19/2024 Citation 

Served 12/19/20248:10 AM https://portal-txbrazos.tylertech.cloud/BrazosPortal/Home/WorkspaceMode?p=0 - 628 - 2/7 9/18/25, 10:08 AM Details 11/19/2024 CITATION ISSUED

12/04/2024 Citation Served

12/11/2024 SETTING REQUESTS

12/20/2024 Citation Served

12/27/2024 Original Answer

12/27/2024 OBJECTIONS

01/13/2025 Defendant's Original Answer

01/15/2025 MOTION TO CONSOLIDATE

01/15/2025 Order

01/16/2025 REQUEST

01/16/2025 CERTIFICATE OF

01/17/2025 MOTION TO COMPEL

01/17/2025 PLEA TO THE JURISDICTION

01/17/2025 EXHIBIT

01/17/2025 Proposed Order

01/17/2025 REQUEST

01/27/2025 RESPONSE TO MOTION (MISC. MOTIONS)

01/27/2025 ORDER ON MOTION TO COMPEL

02/06/2025 PLEA TO THE JURISDICTION

02/06/2025 EXHIBIT

02/06/2025 Proposed Order

02/06/2025 REQUEST

02/19/2025 No Fee Documents

02/19/2025 PLEA TO THE JURISDICTION https://portal-txbrazos.tylertech.cloud/BrazosPortal/Home/WorkspaceMode?p=0 - 629 - 3/7 9/18/25, 10:08 AM Details 02/19/2025 Order

02/27/2025 NOTICE OF APPEARANCE ffi 02/27/2025 NOTICE OF APPEARANCE ffi 03/03/2025 AMENDED NOTICE ffi 03/03/2025 Order

03/05/2025 Motion to Compel 

Judicial O cer Hawthorne, Kyle Hearing Time 01:30 PM Cancel Reason Both Parties Agree to Reset

03/05/2025 Plea to the Jurisdiction 

Judicial O cer Hawthorne, Kyle Hearing Time 01:30 PM Cancel Reason Both Parties Agree to Reset

03/05/2025 Petition 

Judicial O cer Hawthorne, Kyle Hearing Time 01:30 PM Cancel Reason Both Parties Agree to Reset

03/05/2025 RULE 11 AGREEMENT

03/06/2025 Proposed Order

03/20/2025 Docket Entry

03/21/2025 PLEA TO THE JURISDICTION https://portal-txbrazos.tylertech.cloud/BrazosPortal/Home/WorkspaceMode?p=0 - 630 - 4/7 9/18/25, 10:08 AM Details 03/21/2025 PLEA TO THE JURISDICTION

03/21/2025 PLEA TO THE JURISDICTION ffi 03/21/2025 PLEA TO THE JURISDICTION ffi ff 03/21/2025 PLEA TO THE JURISDICTION

03/21/2025 PLEA TO THE JURISDICTION

03/21/2025 REQUEST

03/21/2025 PLEA TO THE JURISDICTION

04/14/2025 PLEA TO THE JURISDICTION

04/14/2025 REQUEST

04/15/2025 Plainti 's Response

04/17/2025 Plea to the Jurisdiction 

Judicial O cer Hawthorne, Kyle Hearing Time 10:30 AM

04/17/2025 Petition 

Judicial O cer Hawthorne, Kyle Hearing Time 10:30 AM

04/24/2025 BRIEF

04/28/2025 Order

05/13/2025 NOTICE OF JUDGMENT AS TO RULE 306A

05/13/2025 RETENTION (DESTROY DATE)

06/02/2025 FINDINGS OF FACT AND CONCLUSION OF LAW

06/04/2025 OBJECTIONS https://portal-txbrazos.tylertech.cloud/BrazosPortal/Home/WorkspaceMode?p=0 - 631 - 5/7 9/18/25, 10:08 AM Details 06/05/2025 Proposed Order

06/06/2025 Plaintiff's Response

06/06/2025 FINDINGS OF FACT AND CONCLUSION OF LAW

06/06/2025 AMENDED ANSWER

06/06/2025 Proposed Order

06/06/2025 FINDINGS OF FACT AND CONCLUSION OF LAW

06/09/2025 OBJECTIONS

06/10/2025 MOTION FOR NEW TRIAL

06/17/2025 Docket Entry

06/24/2025 NOTICE

06/25/2025 OBJECTIONS

06/25/2025 Proposed Order

06/27/2025 NOTICE

06/30/2025 NOTICE OF APPEAL

06/30/2025 NOTICE

06/30/2025 DESIGNATION

06/30/2025 NOTICE OF APPEARANCE

07/02/2025 Docket Entry

07/08/2025 LETTER FROM CCA

07/25/2025 TRANSFER IN AND OUT LETTER https://portal-txbrazos.tylertech.cloud/BrazosPortal/Home/WorkspaceMode?p=0 - 632 - 6/7 9/18/25, 10:08 AM Details Financial Beckcom, Brian Total Financial Assessment $438.00 Total Payments and Credits $438.00

10/28/2024 Transaction Assessment $350.00 10/28/2024 eFile Payment Receipt # 2024-166055 Beckcom, Brian ($213.00) 10/28/2024 State Credit ($137.00) 10/28/2024 Transaction Assessment $8.00 10/28/2024 eFile Payment Receipt # 2024-166074 Beckcom, Brian ($8.00) 6/10/2025 Transaction Assessment $80.00 6/10/2025 eFile Payment Receipt # 2025-169208 Beckcom, Brian ($35.00) 6/10/2025 State Credit ($45.00) https://portal-txbrazos.tylertech.cloud/BrazosPortal/Home/WorkspaceMode?p=0 - 633 - 7/7 Automated Certificate of eService This automated certificate of service was created by the efiling system.

Matthew Kita on behalf of Matthew Kita Bar No. 24050883 [email protected] Envelope ID: 105940551 Filing Code Description: Motion Filing Description: Appellants Motion to Abate and Remand for Findings of Fact and Conclusions of Law Status as of 9/23/2025 8:49 AM CST Associated Case Party: Texas A&M University Name BarNumber Email TimestampSubmitted Status Jason T.Contreras [email protected] 9/23/2025 8:33:43 AM SENT

Associated Case Party: Brian Beckcom Name BarNumber Email TimestampSubmitted Status Matthew J.Kita [email protected] 9/23/2025 8:33:43 AM SENT

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

Opinion

-8- EXHIBIT A

- 11 - EXHIBIT B

_________________________ JUDGE PRESIDNG

_____________________________ JUDGE PRESIDING

- 113 - EXHIBIT 9

- 114 - - 115 - - 116 - - 117 - - 118 - - 119 - - 120 - EXHIBIT

- 272 - DIVISION OF STUDENT AFFAIRS STUDENT COMMUNITY STANDARDS

MEMORANDUM

- 351 - MEMORANDUM

- 355 - DIVISION OF STUDENT AFFAIRS OFFICES OF THE DEAN OF STUDENT LIFE

MEMORANDUM

- 452 - EXHIBIT 16 FRANK WOOD

FYI.

Very Respectfully, XXXXXXXXXXX XXXXXXXXXXXXX

- 543 - V/R…RLTW

- 560 - EXHIBIT     

JUDGE KYLE HAWTHORNE

JUDGE KYLE HAWTHORNE

_________________________ JUDGE PRESIDNG

10/24/2024 ORIGINAL PETITION

11/15/2024 CITATION ISSUED

12/11/2024 SETTING REQUESTS

12/27/2024 OBJECTIONS

01/15/2025 MOTION TO CONSOLIDATE

01/16/2025 REQUEST

01/16/2025 CERTIFICATE OF

01/17/2025 MOTION TO COMPEL

01/17/2025 PLEA TO THE JURISDICTION

01/17/2025 EXHIBIT

01/17/2025 REQUEST

01/27/2025 RESPONSE TO MOTION (MISC. MOTIONS)

01/27/2025 ORDER ON MOTION TO COMPEL

02/06/2025 PLEA TO THE JURISDICTION

02/06/2025 EXHIBIT

02/06/2025 EXHIBIT

02/06/2025 REQUEST

03/05/2025 RULE 11 AGREEMENT

03/21/2025 PLEA TO THE JURISDICTION

03/21/2025 PLEA TO THE JURISDICTION

03/21/2025 REQUEST

03/21/2025 PLEA TO THE JURISDICTION

04/14/2025 PLEA TO THE JURISDICTION

04/14/2025 REQUEST

04/24/2025 BRIEF

05/13/2025 NOTICE OF JUDGMENT AS TO RULE 306A

05/13/2025 RETENTION (DESTROY DATE)

06/02/2025 FINDINGS OF FACT AND CONCLUSION OF LAW

06/06/2025 FINDINGS OF FACT AND CONCLUSION OF LAW

06/06/2025 AMENDED ANSWER

06/06/2025 FINDINGS OF FACT AND CONCLUSION OF LAW

06/09/2025 OBJECTIONS

06/10/2025 MOTION FOR NEW TRIAL

06/24/2025 NOTICE

06/25/2025 OBJECTIONS

06/27/2025 NOTICE

06/30/2025 NOTICE OF APPEAL

06/30/2025 NOTICE

06/30/2025 DESIGNATION

06/30/2025 NOTICE OF APPEARANCE

07/08/2025 LETTER FROM CCA

- 560 - EXHIBIT