Case 4:16-cv-00613-MW-CAS Document 59 Filed 09/14/17 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

IN AND FOR THE NORTHERN DISTRICT OF FLORIDA

CASE NO: 4:16-cv-00613-MW-CAS

S B, CASE NO: 4:16-cv-00613-MW-CAS

Plaintiff,

v.

FLORIDA AGRICULTURAL AND MECHANICAL

UNIVERSITY BOARD OF TRUSTEES,

Defendant.
__________________________________________/

PLAINTIFF S B’S NOTICE OF FILING DEPOSITION EXCERPTS OF

TITLE IX COORDINATOR CARRIE GAVIN

Plaintiff, S B, by and through undersigned counsel, hereby files as Exhibit “A” hereto

excerpts of the September 7, 2017 deposition of Carrie Gavin, Defendant’s Title IX Coordinator,

pursuant to this Court’s Order of September 13, 2017 (ECF No. 58), respectfully citing the Court

to:

(a) Page 113, lines 6 – 16; and

(b) Page 149, line 23 – Page 153, line 20.”

Respectfully submitted,

/s/MICHAEL T. DOLCE
MICHAEL T. DOLCE, ESQ.
Florida Bar No.: 048445
mdolce@cohenmilstein.com
Cohen Milstein Sellers & Toll, PLLC
2925 PGA Boulevard, Suite 200
Palm Beach Gardens, FL 33410
(561) 515-1400

Cohen Milstein Sellers & Toll, PLLC

2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410
Telephone: (561) 515-1400 Facsimile (561) 515-1401
 Case 4:16-cv-00613-MW-CAS Document 59 Filed 09/14/17 Page 2 of 2

Burrell v FAMU
Case No.: 4:16-cv-00613-MW-CAS
Plaintiff's Notice of Filing Deposition Excerpts - Carrie Gavin
Page 2

CERTIFICATE OF SERVICE

I hereby certify that on this the 14th day of September, 2017, I electronically filed the
foregoing document with the Clerk of the Court using CM/ECF via transmission of Notices of
Electronic Filing generated by CM/ECF upon those listed below:

Jennifer T. Williams, Esq. Hayes Andrew Hunt, Esq.

jtwilliams@cozen.com hhunt@cozen.com
silvanaGomez@cozen.com Arthur Fritzinger, Esq.
Cozen O'Connor afritzinger@cozen.com
200 South Biscayne Blvd., Suite 4410 Cozen O'Connor
Miami, FL 33131 1650 Market Street, Suite 2800
Phone: (305)-704-5940 Philadelphia, PA 19103
Fax: (796)-220-0207 Phone: (215)-665-2000
Fax: (215)-665-2013

Attorneys For Florida Agricultural and Mechanical University Board Of Trustees

Cohen Milstein Sellers & Toll, PLLC

2925 PGA Boulevard, Suite 200
Palm Beach Gardens, FL 33410
(561) 515-1400

By: /s/MICHAEL T. DOLCE

MICHAEL T. DOLCE, ESQ.
Florida Bar No.: 048445
mdolce@cohenmilstein.com

Cohen Milstein Sellers & Toll, PLLC

2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410
Telephone: (561) 515-1400 Facsimile (561) 515-1401
 Case 4:16-cv-00613-MW-CAS Document 59-1 Filed 09/14/17 Page 1 of 11

Page 105

1
2
3 UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
4
5 CASE NO. 4:16-cv-00613-MW-CAS
6 S.B.,
Plaintiff,
7 vs.
8 FLORIDA AGRICULTURAL AND MECHANICAL UNIVERSITY BOARD OF
TRUSTEES,
9 Defendant.
10
11 VOLUME II
12
13 DEPOSITION OF: CARRIE GAVIN
14 TAKEN AT THE INSTANCE OF: The PLAINTIFF
15 DATE: September 7, 2017
16 TIME: Commenced at 11:30 a.m.
Concluded at 1:03 p.m.
17
LOCATION: 117 South Gadsden Street
18 Tallahassee, FL
19 REPORTED BY: JUDY CHIN
RPR, CRR
20
21
22
23
24
25

Veritext Legal Solutions

800-726-7007 305-376-8800
EXHIBIT "A"
 Case 4:16-cv-00613-MW-CAS Document 59-1 Filed 09/14/17 Page 2 of 11

Page 106

1 APPEARANCES:
2
3 REPRESENTING PLAINTIFF:
4
MICHAEL T. DOLCE, ESQUIRE
5 mdolce@cohenmilstein.com
COHEN, MILSTEIN, SELLERS & TOLL, PLLC
6 2925 PGA Boulevard, Suite 200
Palm Beach Gardens, Florida 33410
7 561.515.1400
8
REPRESENTING DEFENDANT:
9
10 JENNIFER T. WILLIAMS, ESQUIRE
jtwilliams@cozen.com
11 COZEN O'CONNOR
200 South Biscayne Boulevard, Suite 4400
12 Miami, Florida 33131
305.704.5444
13
14
ALSO PRESENT: Christopher Green, videographer
15
16
17
18
19
20
21
22
23
24
25

Veritext Legal Solutions

800-726-7007 305-376-8800
 Case 4:16-cv-00613-MW-CAS Document 59-1 Filed 09/14/17 Page 3 of 11

Page 107

1
2 INDEX
3 WITNESS PAGE
4 CARRIE GAVIN
Direct Examination by Mr. Dolce 109
5
6 EXHIBITS
7 NO. DESCRIPTION PAGE
8 Exhibit 11 Notes 112
Exhibit 12 Judicial Complaint 121
9 Exhibit 13 Restraining Order 127
Exhibit 14 Transcript 138
10 Exhibit 15 Jeanne Clery Disclosure 149
11
12 CERTIFICATE OF OATH 155
CERTIFICATE OF REPORTER 156
13 ERRATA SHEET 157
READING AND SIGNING LETTER 158
14
15
16
17
18
19
20
21
22
23
24
25

Veritext Legal Solutions

800-726-7007 305-376-8800
 Case 4:16-cv-00613-MW-CAS Document 59-1 Filed 09/14/17 Page 4 of 11

Page 108

1 STIPULATIONS
2 The following deposition of CARRIE GAVIN
3 was taken on oral examination, pursuant to notice, for
4 purposes of discovery, and for use as evidence, and for
5 other uses and purposes as may be permitted by the
6 applicable and governing rules. Reading and signing is
7 not waived.
8 * * *
9 THE VIDEOGRAPHER: We are now on the record.
10 This is the videotaped deposition of Carrie
11 Gavin taken at the Offices of Waters and Associates
12 in Tallahassee, Florida.
13 Today is September 7th, 2017, at 11:30 a.m.
14 This is Case Number 4:16-cv-00613-MW-CAS,
15 styled S.B. versus Florida Agricultural and
16 Mechanical University Board of Trustees, filed in
17 the U.S. District Court, Northern District of
18 Florida.
19 The court reporter is Judy Chin.
20 The videographer is Christopher Green.
21 Can I have counsel once again identify
22 themselves.
23 MR. DOLCE: Michael Dolce, for the plaintiff.
24 MS. WILLIAMS: Jennifer Williams, for the
25 defendant.

Veritext Legal Solutions

800-726-7007 305-376-8800
 Case 4:16-cv-00613-MW-CAS Document 59-1 Filed 09/14/17 Page 5 of 11

Page 109

1 Thereupon,
2 CARRIE GAVIN
3 was called as a witness, having been first duly sworn,
4 was examined and testified as follows:
5 THE WITNESS: Yes.
6 THE VIDEOGRAPHER: Thank you.
7 DIRECT EXAMINATION
8 BY MR. DOLCE
9 Q Miss Gavin, we met back in May of 2017 this
10 year. I'm still Michael Dolce.
11 A All right.
12 Q I still represent the plaintiff,
13 in a lawsuit filed against Florida A&M
14 University. The official defendant name is Florida
15 Agricultural and Mechanical University Board of
16 Trustees.
17 In May of 2017 when we took part of your
18 deposition, we ended it before it was complete based
19 upon certain concerns that had been raised regarding the
20 application of FERPA, F E R P A, which is a federal law,
21 as you may be aware --
22 A Yes.
23 Q -- to certain of the inquiry.
24 Subsequent to that deposition cooperated with
25 counsel for Florida A&M to reach an agreement on a

Veritext Legal Solutions

800-726-7007 305-376-8800
 Case 4:16-cv-00613-MW-CAS Document 59-1 Filed 09/14/17 Page 6 of 11

Page 113

1 specific date.
2 A I'm not sure. I'm not sure.
3 Q What was the purpose of the conference, do you
4 recall that?
5 A Title IX training.
6 Q You are the Title IX coordinator at FAMU?
7 A Yes.
8 Q I should have asked you at the beginning.
9 Your professional position at FAMU today is the same as
10 it was in May when we deposed you before?
11 A Yes.
12 Q Nothing has changed in that regard?
13 A No.
14 Q Job responsibilities are the same today as
15 they were then?
16 A Yes.
17 Q So the Academic Impressions training that you
18 went to, do you recall if it was in town or out of town?
19 A Out of town.
20 Q Do you recall where, by any chance?
21 A I don't.
22 Q Okay. Fair enough.
23 Academic Impressions, is that a company that
24 you've dealt with before, been to any other conferences?
25 A I think this may have been the first time that

Veritext Legal Solutions

800-726-7007 305-376-8800
 Case 4:16-cv-00613-MW-CAS Document 59-1 Filed 09/14/17 Page 7 of 11

Page 149

1 student on campus --
2 Q Yes, ma'am.
3 A -- it would concern me.
4 Q Would you have any -- as a Title IX
5 coordinator would you have any safety concerns for any
6 other students under those circumstances?
7 A Possibly.
8 Q You qualify your answer with a possibly. Why
9 the hesitation?
10 A Because we can't always automatically remove
11 persons --
12 I don't know --
13 I don't really know that much about Mr. Tevin
14 Thomas, so I don't know if he was a student or not. I
15 don't know under what circumstances he may have been
16 seen on campus, was it a one-time thing, or was he seen
17 often. I just don't know.
18 MR. DOLCE: I'm handing you Exhibit 15,
19 counsel.
20 MS. WILLIAMS: Um-hum.
21 (Exhibit No. 15 marked for
22 identification.)
23 BY MR. DOLCE
24 Q It is a lengthy document. I'm only going to
25 be asking you about one page, ma'am. But you have the

Veritext Legal Solutions

800-726-7007 305-376-8800
 Case 4:16-cv-00613-MW-CAS Document 59-1 Filed 09/14/17 Page 8 of 11

Page 150

1 right as a witness to review the entire document before

2 answering questions about it.
3 You may as Title IX coordinator recognize this
4 document at first glance because it says right on the
5 front page Jeanne Clery Disclosure of Campus Security
6 and Campus Crime Statistics, which I assume would fall
7 under your jurisdiction as Title IX coordinator.
8 A We assist with the report.
9 Q Do you recognize this document -- again, I'm
10 not trying to stop you from looking at the entire
11 document.
12 But do you recognize the document at first
13 glance?
14 A Yes.
15 Q And this one is dated 2011 to 2012?
16 A Yes.
17 Q This is titled Florida A&M University Campus
18 Security Annual Report.
19 A Okay.
20 Q Did you contribute to the preparation of this
21 report on an annual basis?
22 A We give numbers.
23 Q Okay. What numbers do you give?
24 A Numbers dealing with sexual assault, rape,
25 dating violence, domestic violence, and stalking.

Veritext Legal Solutions

800-726-7007 305-376-8800
 Case 4:16-cv-00613-MW-CAS Document 59-1 Filed 09/14/17 Page 9 of 11

Page 151

1 Q And this document is published by the

2 Department of Public Safety at FAMU, correct?
3 A Yes.
4 Q Now, when you provide them with the numbers
5 you just identified, are you doing that pursuant to
6 federal law?
7 A Yes.
8 Q I would like to direct your attention to one
9 particular page towards the middle of this document.
10 The document itself does not contain page numbers,
11 however there are document production numbers added for
12 purpose of this litigation in the lower right-hand
13 corner, and they have a prefix of FAMU. The one I would
14 like you to look at is 00601.
15 A Okay.
16 Q On that page I want to ask you specifically
17 about the box at the top of the page titled "Sexual
18 assault."
19 Do you see that box?
20 A Yes.
21 Q What does that box say to FAMU students who
22 report sexual assault with respect to their
23 confidentiality?
24 A I don't see information regarding
25 confidentiality.

Veritext Legal Solutions

800-726-7007 305-376-8800
 Case 4:16-cv-00613-MW-CAS Document 59-1 Filed 09/14/17 Page 10 of 11

Page 152

1 Q How about their identity being withheld from

2 public disclosure? Do you see anything in that box
3 about that?
4 A On the last little bullet.
5 Q Okay. And what does that assure those who
6 report sexual assault?
7 A Your name and identifying information will be
8 withheld from the public and press in accordance with
9 the Florida Public Records Law.
10 Q As a Title IX coordinator does withholding
11 that identifying information from public disclosure
12 impact the reporting of sexual assault? You can answer.
13 A Could you repeat it?
14 Q Sure. Of course.
15 Does the withholding of identifying
16 information of those who complain of sexual assault in
17 your view as Title IX coordinator have any impact on the
18 willingness of victims to report?
19 A Yes.
20 Q If that policy was not in place, would you
21 expect there to be a chilling effect on those willing to
22 report sexual assault?
23 A Yes.
24 Q As Title IX coordinator would you feel that
25 it's important to the mental health safety of victims

Veritext Legal Solutions

800-726-7007 305-376-8800
 Case 4:16-cv-00613-MW-CAS Document 59-1 Filed 09/14/17 Page 11 of 11

Page 153

1 who report sexual assault under the belief that their

2 name will be withheld from public disclosure, is it
3 important to maintain that assurance to them?
4 A Yes.
5 Q Are you aware in this case that Florida A&M
6 University has filed a motion with the court attempting
7 to force my client's name into the public record?
8 A Unaware of that.
9 Q Do you as Title IX coordinator have any basis
10 to object to that being done in this case?
11 A I would like to know why.
12 Q If my client's name is forced into the public
13 record on motion of Florida A&M University in this case,
14 would that adversely impact your ability to give
15 assurance to future persons who report sexual assault to
16 Florida A&M University that they can expect their
17 confidentiality to be maintained?
18 A It could impact.
19 Q Adversely?
20 A Yes.
21 MR. DOLCE: Counsel, your witness.
22 MS. WILLIAMS: I don't have anything.
23 She'll read.
24 MR. DOLCE: You are free to go.
25 Thank you for your time and attention.

Veritext Legal Solutions

800-726-7007 305-376-8800