Jack Moyer による性的虐待に関する Ropes & Gray 調査報告書 警告:この報告書には、個人的な情報や 写実的な描写が多く記載されております ので、取り扱いには十分ご注意ください。 また子供にはふさわしくない情報も含ま れております。閲覧の際には、保護者に よるご判断をお勧めいたします。 アメリカン スクール・ イン・ジャパン 理事会への 報告書 2015 年 5 月 18 日 ROPES & GRAY LLP 目次 I. はじめに............................................................................................................................................... 1 A. 調査の範囲と方法 .............................................................................................................................. 1 B. エグゼクティブ・サマリー..................................................................................................................... 1 II. Jack Moyer ......................................................................................................................................... 2 A. Moyer と ASIJ との関係、1962 年~2000 年 ..................................................................................... 2 B. 生徒、教員および運営者の間での Moyer の評判 .......................................................................... 3 C. Moyer の不適切行為の申立............................................................................................................. 3 1. 1960 年代 .................................................... 4 2. 1970 年代 .................................................... 4 3. 1980 年代 .................................................... 8 III. Moyer の不適切行為の申立に対する ASIJ 運営者の対応............................................................. 9 A. 1960 年代 .......................................................................................................................................... 10 B. 1970 年代 .......................................................................................................................................... 10 C. 1980 年代 .......................................................................................................................................... 14 D. 1990 年代 .......................................................................................................................................... 16 E. 2000 年から現在まで ........................................................................................................................ 18 IV. 他の ASIJ の教職員に関する申立 ................................................................................................... 22 V. ASIJ の方針と手続 ............................................................................................................................ 23 A. 過去の方針 ....................................................................................................................................... 23 B. 現在の生徒保護に関する方針 ........................................................................................................ 24 VI. 結論 ................................................................................................................................................... 25 A. Jack Moyer....................................................................................................................................... 25 B. 方針、手続および提言 ..................................................................................................................... 26 付録 A. - 書類の検討方法 ................................................................................................................ 27 付録 B. - 生徒の保護に関するハンドブック(英語のみ) ......................................................... 28 ROPES & GRAY LLP I. はじめに A. 調査の範囲と方法 2014 年 6 月 4 日、アメリカンスクール・イン・ジャパン理事会は、1962 年頃~2000 年頃の期間ア メリカンスクール・イン・ジャパン(ASIJ)と関係があった元教員兼コンサルタントの Jack Moyer による性 的虐待被害の申立に関する独立調査を、Ropes & Gray LLP に依頼したと発表した。Ropes & Gray はまた、以下の調査の依頼を受けた。 • • • ASIJ の教員、職員および運営者は、これまでこういった申立にどの様に対応してきたか ASIJ に関係する個人による、他の性的な不適切行為の申立、および 性的虐待の検知および予防のための方針および手続を含め、生徒の安全を守るため に ASIJ が実施している過去および現在の方針と手続 Ropes & Gray は数ヶ月にわたり、以下の方法による調査・検討を行った。 • • • ASIJ のコミュニティや関連する情報を持つ人物に情報提供を求めるために、専用のメ ールアドレスおよび電話でのホットラインを米国および日本の両国に設置し、これを ASIJ のウェブサイトおよび ASIJ の保護者、評議員、卒業生、教員および ASIJ コミュニ ティのメンバー宛のメールで公表した。メールアドレスと電話のホットラインは、ジャパン タイムズの紙面でも公表された。 110 名を超える現在および以前の ASIJ 理事会のメンバー、教員、職員、運営者および 卒業生とのインタビューや、彼らから提出された書面の検討を実施した。インタビューは 東京および米国で対面式で、あるいは電話やテレビ電話で行われた。 1960 年代~2015 年までの日付のおよそ 2 万 6,000 の文書の収集および検討を行った。 対象となった文書には人事ファイル、卒業生のファイル、理事会議事録、通信文、電子 メール、証人の陳述、ハンドブックやマニュアル、年報、および三宅プログラムに関連し たファイルが含まれる。Ropes & Gray による文書の収集および検討に関するより詳細 な考察は、付録 A に記載されている。 今回の調査は、理事会、運営者および教員の全面的な協力の下に行われた。。 B. エグゼクティブ・サマリー ASIJ は活気ある多数の生徒、熱心なスタッフ、教員、理事会、運営者、そして愛校心の強い卒 業生が集まる特別な場所である。当方がインタビューを行った多くの元 ASIJ 教員や卒業生は、自分の ASIJ 在籍時代や ASIJ コミュニティの強さを実に懐かしそうに語った。Jack Moyer の不適切行為の申 立と学校側の対応に関連して、強力な反発が起こったのは、ASIJ コミュニティの、学校とその生徒に対 する強い愛情に少なからず帰するものだということは明らかであった。 当方が実施した調査に基づき、当方は、1970 年代および 1980 年代に未成年で ASIJ の生徒 だった女性で、Moyer が性的な不適切行為を行ったとされる人物を少なくとも 19 名特定した。この不 適切行為の内容は、望まれない接触(脚を触ったり、背中をマッサージしたりする)、胸や性器を愛撫 するといったことから、継続的なレイプまで様々である。以下のセクション II では、年代別に Moyer の 性的不適切行為に関する申立を採り上げ、またセクション III では、かかる不適切行為の申立に対する 1 ROPES & GRAY LLP 学校側の対応を採り上げている。セクション IV では、Moyer 以外の ASIJ 教職員に関して調査中に提 起された申立について採り上げている。セクション V では、過去および現在の学校側の方針および手 続と、現在の方針や手続の実施方法について採り上げている。セクション VI では、調査についての当 方の結論、並びに、学校側が生徒に安全な環境を提供するために現在実施している取り組みをさらに 改善するべく、ASIJ の生徒保護方針をより強化するための提言を行っている。 本報告書では、申立を行った被害者および本調査の他の参加者のプライバシーと秘密保護 に配慮して、個人の名前は伏せている。 II. Jack Moyer A. Moyer と ASIJ との関係、1962 年~2000 年 Jack Moyer は、1962 年 9 月から 1984 年春まで、ASIJ に教科教員として勤務した。Moyer は、 教員であった間、7 年生の科学と、日本の国土と人々(JLAP)と呼ばれる 7 年生の日本文化・社会科目 を教えていた。Moyer は 7 年生向けに、日本の伊豆諸島にある活火山島である三宅島(「三宅」)での 1 週間にわたる校外学習旅行(以下「三宅プログラム」という)の企画および運営を行っていた。Moyer はまた、女子中等部のバレーボールおよびバスケットボールのコーチを務め、また ASIJ でスキューバ ダイビングの課外クラスも受け持っていた。授業を受け持つ教員としての勤務を終了した後、Moyer は 1984 年~2000 年までの間コンサルタントして ASIJ に勤務した。Moyer はコンサルタントとして、引き続 き三宅プログラムの企画を行うと共に、ASIJ のアドバンスメント・オフィスが企画する、学校主宰の日本 各地への家族向け週末旅行の引率も行っていた。 ASIJ で教鞭を執っていた当時、Moyer は 2 箇所の住居を保有していた。1 つは ASIJ の調布 キャンパスから徒歩圏内にある小さな家、もう 1 つは三宅にある農場で、ここには居住区域と Moyer の 海洋科学調査研究室があった。Moyer は ASIJ で教鞭を執る一方で、夏の期間を三宅で過ごし、また 週末や学期中の休暇にもしばしば島を訪れていた。Moyer は 1984 年に教科教員としての勤務を辞し た後、三宅に移住した。 Moyer は 1969 年~2000 年まで学校の三宅プログラムを運営していたが、後半の数年はこの プログラムには余り関与していなかった。三宅プログラムの期間中、生徒と引率の教員は船中泊のフェ リーで移動し、1 週間を野外活動(ハイキングやダイビング)や科学調査に費やすと共に、三宅の文化 や環境について学んだ。生徒の半数(男女とも)は引率の教員と共に地元の宿に宿泊し、残りの半分 は Moyer の家に Moyer や他の引率の教員と共に滞在した。この 2 つグループは、週の後半に宿泊 場所を入れ替えた。Moyer の家には 3 つの畳敷きの部屋があり、生徒は三宅プログラムの期間中そこ で就寝した。男子生徒が 1 室で女子生徒が 1 室、そして引率の教員が真ん中の部屋であった。時に高 校生が三宅プログラムの期間中 Moyer の家に滞在し、引率の教員の手伝いをした。1970 年代後半ま では、引率の教員が Moyer の家に滞在し生徒の監督を行っていたとみられる。三宅プログラムは、そ の夏の三宅の火山噴火により、2000 年に終了した。以下のセクション III に詳細を記載したとおり、 ASIJ はこの秋に Moyer とのコンサルタント契約を終了した。 当方が受領した虐待申立報告の大半が、この学校公認の三宅プログラムの期間中または学校 の施設内で発生したものではなく、むしろ Moyer が調布キャンパス付近や三宅の自宅に生徒を招くな ど私的に計画した他の機会で発生しているように思えることに当方は注目する。 2 ROPES & GRAY LLP B. 生徒、教員および運営者の間での Moyer の評判 元教員、元運営者および卒業生の多くは一様に、Moyer は世に知られた海洋生物学者で、こ の分野の同僚の中でも尊敬を集めていたと述べている。証言者達は、Moyer の環境学者としての業 績、流暢な日本語、そして日本の文化や社会に対する深い知見について語った。何人かの元教員お よび卒業生は、Moyer の教員としてのカリスマ性や、生徒に科学、とりわけ海洋生物学への興味を呼 び起こす能力について指摘した。また元教員や卒業生の多くは、三宅プログラムの教育の質や三宅の 自然が持つ独特の美しさについて語った。 Moyer が ASIJ で働いている間、不適切と見なされるようなことはなにも見なかったと話す者が いる一方で、Moyer が行き過ぎた行動(手を握る、脚に触る、背中をマッサージする)をしているのを目 撃したり、Moyer がかなりの時間を特定の女子生徒と学校の内外で過ごしていたのに気づいたりした と語る者もあった。元教員も卒業生も、Moyer には、「カルトのように」従う生徒がいて、そのほとんどは 女子であり、こういった生徒はきまって Moyer の教室で時間を過ごしていたと述べている。Moyer の評 判が保護者、教員そして運営者からの信頼を生み、また Moyer は自分の評判、研究そして三宅の魅 力を使って、学校の目の届かない週末や夏季休暇に、生徒が三宅を訪問するよう仕向けていたと語る 者も多くいた。 C. Moyer の不適切行為の申立 当方の調査では、未成年で ASIJ の生徒だった女性で、Moyer が当該女性に対して性的な不 適切行為を行ったとされる人物を少なくとも 19 名特定した。この 19 名の女性うち 18 名は、当方の調査 の一環としてのインタビューに応じるか、当方に書面による陳述を提出した。これらの女性のうち 12 名 と当方とのインタビューは、女性側の弁護士である O'Donnell Clark & Crew LLP (「OC&C」)1の調整 により行われた。Moyer の虐待を申し立て、OC&C が代理人となっている残りの少なくとも 1 名の女性 は、現時点では弁護士を通じてインタビューを拒否している。当方は、OC&C が代理するこの 13 名の 女性に加えて、Moyer による性的不適切行為を申し立てている他の 6 名の女性についてもインタビュ ーを行い、あるいは陳述を受領した。これらの女性それぞれの Moyer との経験については、以下に記 載されている。 また、当方には原メールは提供されなかったが、2003 年の ASIJ の卒業生へのメール(「Moyer の 2003 年のメール」)において、Moyer が、12 名の女性を挙げて彼女らが ASIJ に生徒として在籍中 に性的虐待を行ったことを認めていたことは、特筆すべきことである。これら 12 名の女性のうち 7 名は、 当方の調査の一環として、当該女性を代理する OC&C の弁護士を通じて設けられた席で当方のイン タビューに応じた。当方は他の 5 名の女性は特定することができず、また Moyer の 2003 年のメールを 受領した卒業生を代理する OC&C の弁護士は、プライバシーに対する懸念、個人を特定することがで きないこと、および(または)女性本人または家族による今回の Ropes & Gray の調査に参加しないと の決断を理由として、これら 5 名の女性の氏名および身元を当方に公開することを拒否した。Moyer の 2003 年のメールでは、Moyer は、自分が「魅力を感じていた」が虐待はしていなかったとする他の ASIJ の生徒を少なくとも 4 名、最高で 7 名挙げている。本調査期間中、当方はこれらの女性のうち、1 名を除き特定することができなかった。なお特定した 1 名については、当方はインタビューを行い、 Moyer との経験について以下に記載している。 1 これら 12 名の女性の陳述内容は、彼女らを代理する OC&C の弁護士の許可の下、理事会に報告されている。 3 ROPES & GRAY LLP また、インタビューを通して当方は、報告者が Moyer の犠牲となった可能性があると考えられる 他の複数の女性が存在することを了知した。問題の性質、学校側により当方の調査および当方のメー ルやホットライン電話番号といった連絡先情報が公表されていること、および被害者のプライバシーを 尊重し望まれない接触を避けたいとの考えに鑑みて、このような追加の女性にはこちらから接触はしな かった。 Moyer の不適切行為について報告した全ての人物の陳述は、有力で深く憂慮すべきものであ った。これらの陳述は、体系的な方法で少女を犠牲にした連続小児性愛者の姿を描いている。これら の女性の陳述をまとめる際には、どうしても詳細や陳述それ自体が伝える感情を削いだものとなってし まうが、当方としては、Moyer の不適切行為について当方に報告があった内容のあくまで概観として、 以下を含めることは有益であると考える。このような要約という記載方法を採ったことは、本報告書で特 に言及していない Moyer の他の不適切行為を隠し、一連の事件をできるだけ小さく見せようとするも のではない。さらに、以下に要約を記載することは、、これに含まれない、申出を行わなかったあるいは 当方が特定できなかった他の個人に対する Moyer の不適切行為を隠し、一連の事件をできるだけ小 さく見せようとするものでもない。 1. 1960 年代 • 調査担当者に提出された陳述では、1960 年代のある卒業生は、1960 年代中盤に JLAP プログ ラムの一環として行われた千葉県九十九里への 7 年生の一泊旅行において、Moyer は唯一の 成人の引率の教員だったと報告した。この卒業生は、生徒がこの旅行で炉を囲んで座ってい たときに、Moyer が自分の手を 2 名の女子生徒のシャツの下にいれて、背中をなでていたのを 見たと報告している。この卒業生はその時点で、自分が見たことを報告しなかったことについて、 後悔の念を表明した。 • Moyer の 2003 年のメールでは、上述のとおり、Moyer は、自身の ASIJ の生徒との最初の性 的な接触 は 1960 年代後半で、当該生徒が 17 才の時であり、最終学年に進級する前の夏の三 宅訪問の際であったと書いている。このメールで Moyer は、自分とその生徒はオーラルセック スをしたと報告している。虐待は、その生徒が高等学校を卒業するまで続いたとされている。当 方ではこの生徒の身元、あるいはこのエピソードについての更なる情報を特定することはでき なかった。 • ある卒業生は調査担当者に対して、自身が中等学校の生徒であった 1969~1970 学年の時に、 Moyer が彼女にキャンパス近くの自宅を訪問するよう誘ったと報告している。この女子生徒は、 彼女が Moyer の家に入ると、ブラジャーと下着しか身につけていない女の子がいたと報告した。 女性生徒は、Moyer に会わずに自宅を去り、自分が見たことについて ASIJ の誰にも話さなか ったと報告した。 2. • 1970 年代 生徒#1 は、Moyer から、始業前に犬の散歩をするのでキャンパス近くの自宅に来るよう誘われ たと報告している。生徒#1 は、中等学校の生徒だった 1970 年秋のそういったある時に、Moyer が彼女の胸を衣服の内側から揉んだと報告した。この女子生徒は、こういった行為は 1972 年ま 4 ROPES & GRAY LLP で、Moyer の自宅や週末および夏の三宅への旅行の間行われ、Moyer は最終的には性器に 触れるに及んだと報告している。生徒#1 は、Moyer がこういった事をしたのは、80 回~100 回 になると概算する。生徒#1 はその時点では、虐待の疑いについて誰にも言わなかったと報告し たが、以下のセクション III で詳しく述べるように、1990 年から複数回、ASIJ の教職員および運 営者に Moyer の行為について報告している。 別の ASIJ の卒業生は、自分が見た Moyer と生徒#1 とのつながりに関して、他の情報を提供し た。この卒業生は調査担当者に対して、自分や他のクラスメートは、週末や 1970 年代初めの夏 の三宅への旅行の際、Moyer と生徒#1 が一緒に浴室にいたところを見たと報告している。この 生徒は、生徒#1 は浴室の椅子に座り、パンツをはいていないように見えたと報告している。さら にこの生徒は、生徒#1 が自分やクラスメートに対して、Moyer は湿疹の治療を手伝ってくれて いたと言ったと報告している。この卒業生は、自分が見たものをその時点で他の人に話したか どうかは覚えていなかった。 • 生徒#2 は調査担当者に対して、自分は 1971 年の春に、三宅プログラムの一環として三宅を訪 問したと述べた。生徒#2 は、Moyer の三宅の自宅にクラスメートと滞在中、Moyer が彼女の脚 に触ったり、愛撫したりしたと報告した。生徒#2 はさらに、同じ旅行中に、Moyer が繰り返し手 のひらを自分の背中に置いたと報告した。生徒#2 は、その当時 Moyer との自分の経験を誰か に話したとは考えにくいと言った。 • 生徒#3 は、自分が中等学校の生徒だった 1971 年に、Moyer が自分に口を開けたキスをし始 めたと報告した。生徒#3 は、1972~1973 学年の期間に Moyer の招待により友人と三宅に旅行 した際、Moyer は繰り返し彼女の胸を揉んだり、彼女の身体のあらゆる所を手で触ったりしたと 報告している。生徒#3 は、自分は 1973 年~1975 年にかけて三宅を複数回訪れ、これらの旅 行でも愛撫は続いたと報告している。1975 年のクリスマスおよび新年休暇中の旅行の際、生徒 #3 は、Moyer に性交しようと説得されたが、これを拒否したところ、その代わりにオーラルセック スをされ、また自分にもさせたと報告している。生徒#3 は、その当時、1975 年 12 月の Mayer と の出来事を男子のクラスメートに話したと述べた。 書面による陳述で、この男子のクラスメートは、1975 年 12 月に、生徒#3 と Moyer と共にに三宅 を訪れたが、Moyer は彼に対して、生徒#3 より 1 日早く島を離れるように言ったと報告している。 この男子のクラスメートは、生徒#3 が三宅から戻って数日後に、Moyer に性交をするよう説得 されたが、生徒#3 が拒否した後、Moyer に対するオーラルセックスを強要されたと話したと報 告した。この男子のクラスメートは、この学年の終了時に日本を離れ、2014 年夏まで生徒#3 とこ の事件について再び話すことはなかったと述べた。 1969 年~1977 年までのいずれかの時期に、その当時の学長(「学長#2」)2の在職期間中に、 Moyer は学長#2 に対して、生徒#3 の宿泊を伴う活動を禁じるとの決定を再考して欲しいとの 書簡を書いた。Moyer は、生徒#3 は良い生徒であると信じており、「生徒#3 がきちんと振る舞 うことを保証する」と述べ、また生徒#3 は宿泊を伴う旅行での教育の恩恵を受けるべきだと主張 した。Moyer は、自分が生徒#3 を「三宅の自宅のゲストとして数回迎え」、「生徒#3 とはきわめ 本報告書では、関連する学長および他の運営側のメンバーは、その在職期間を基に年代順に番号を振っている。学長#1 への言及は、以下のセクション III.A で行われている。 2 5 ROPES & GRAY LLP て親密で良い関係を持っている」と述べた。追伸で Moyer は、「最近の話」として、自分は生徒 #3 と多くの「セッション」を行ったと述べた。 • 生徒#4 は、高等学校の生徒だった 1972 年に、Moyer の犬を散歩させるために Moyer の自宅 を頻繁に訪問したと報告している。生徒#4 は、このような訪問をした際に、Moyer へのマスター ベーションとオーラルセックスを求められたと報告している。生徒#4 は、自分と Moyer は関係を 開始し、これは 1972~1973 学年および 1973~1974 学年の期間続いたと報告している。生徒 #4 は、自分と Moyer は通常は朝にキャンパス近くの Moyer の自宅で会い、オーラルセックス を互いにしたと報告している。さらに生徒#4 は、1975 年秋に Moyer と一緒に住んでいた時期 に性交を開始し、その後学校を退学し、Moyer の自宅から引っ越したと報告している。生徒#4 は、その当時、他の生徒または教員が、自分が Moyer と一緒に住んでいたことを知っていたか どうかはわからないが、Moyer の自宅は ASIJ に近く、他の教員の多くもその付近に住んでいた と述べた。以下のセクション III で述べるように、生徒#4 は、自分が Moyer と一緒に住んでいた 時期に、ASIJ の他の教員の 1 人が Moyer の自宅を訪問したと報告している。 • 生徒#5 は、高等学校の生徒だった 1974 年の春に Moyer の招待で三宅を訪れた際に、 Moyer が彼女の胸と臀部を触ったと報告している。生徒#5 は、Moyer はその年の夏の三宅へ の旅行中、胸や性器を触ったり、Moyer の性器を触らせたりする虐待を続けたと報告している。 生徒#5 は 1976 年春に、当時同じく ASIJ の生徒だった自分の現在の夫に対して、自分と Moyer との間に何があったかを話したと述べた。生徒#5 は、自分も夫も、当時その経験につい て誰にも話していないが、下記のセクション III.B に記載の通り、1979 年に、自分と夫がその当 時の校長に、Moyer の行動について知らせたと報告している。 • 生徒#6 は調査担当者に対して、中等学校の生徒だった 1974 年夏に、Moyer の招待で、友人 と共に週末に三宅を訪問したと述べた。生徒#6 は、Moyer は三宅に向かうフェリーで生徒#6 の隣に寝転びながら、シャツの上に手をのせて背中と臀部を撫でたと報告している。生徒#6 は、 当時 Moyer との間に起こったことを誰にも話さなかったが、その後 2009 年前後に Moyer との 経験を生徒#1 に打ち明けたと報告している。 • 2011 年 12 月 9 日付けの ASIJ の理事長への書簡では、ある 1960 年代の ASIJ の卒業生(「1960 年代の卒業生」)が、1974 年に Moyer の三宅の自宅に短期間滞在した際、夏の間研究のため に島に滞在していた ASIJ の女子生徒が、引率の教員無しに Moyer と同じ部屋で眠っている のを見たと報告している。この 1960 年代の卒業生と学校側との 2011 年以降のやりとりについて は、以下のセクション III.E にさらに詳しく記載している。 • 1970 年代の卒業生である生徒#7 は、高等学校の時のスキューバ旅行で、生徒#7 が目を覚ま すと Moyer が自分の脚を撫でており、またつま先にキスして吸っていたと報告している。生徒 #7 がこの件を日記に書いたところ、Moyer は生徒#7 の持ち物を調べてこの日記を見つけ出し、 そのページを破るように求めると共に、生徒#7 に対して、もう二度とこのようなことはしないと述 べたという。生徒#7 は、これは「その場限りの事件」と信じ、最近になって自分の配偶者に話す まで、長年にわたり誰にも話さなかったと報告している。 • 生徒#8 は、1974~1975 学年の三浦半島への旅行で、Moyer が中等学校の生徒だった自分 6 ROPES & GRAY LLP の胸と性器を愛撫したと報告している。生徒#8 は、この旅行は学校の研究旅行であったかもし れないと記憶している。生徒#8 はまた、三浦半島への旅の前に、参加していたスキューバのク ラスの終わりに、オープンダイビング旅行で三宅を訪問したと報告している。生徒#8 は、ダイビ ング旅行中のある時に、Moyer が生徒#8 に「抱きついて」きて、Moyer の腕が下がってきて胸 をなでたと報告している。生徒#8 は、そのときには他の女子生徒もいたが、他の女子生徒達は 「[Moyer]はそういうことをする」と述べ、生徒#8 は「気に留めなかった」3。生徒#8 は当方に対 して、恐れと恥ずかしさから Moyer の虐待について他の者に話したことはなかったと述べた。 生徒#8 はまた、1975 年に別の友人と Moyer の自宅を訪れた際に、現在は生徒#4 と考えられ るが、高等学校の女子が Moyer と一緒に暮らしていると自分に思わせるようなものを見たと記 述している • 生徒#9 は、高等学校の生徒だった 1976~1977 学年の時、Moyer からキャンパス近くの自宅 に招かれ、成績について慰められたと報告している。生徒#9 は、Moyer は自分に対して横に なるように言い、性器を愛撫し始めたと報告している。生徒#9 は、その後その学年において Moyer の招待で三宅を訪問した際、Moyer は自分の性器に触れ、また生徒#9 に Moyer の性 器に触れさせたと報告している。生徒#9 はまた、数年前の中等学校の時には、生徒#9 が混雑 した電車で Moyer と隣り合って立っていた時に、手が自分の脚を撫で上げ、股の部分に触っ たと報告している。生徒#9 はその当時、自分に触ったのが Moyer だとは思わなかったが、現 在では Moyer だったと確信している。生徒#9 は、様々な理由から、Moyer との間にあったこと を他の人に話したことはなかったと述べた。 • 生徒#10 は、高等学校の生徒だった 1977 年の夏、三宅の Moyer の家に住みながら、Moyer の研究所で働いていたと報告している。生徒#10 は、その夏に複数回にわたって、Moyer が胸 や性器を愛撫したり、またあるときは、生徒#10 にオーラルセックスをしたのではないかと報告し ている。以下のセクション III で述べるように、生徒#10 は、当時自分と父親が校長に報告を行っ ており、また生徒#10 の複数のクラスメートも、この事件について更なる情報を提供していたと報 告している。 • 生徒#11 は、中等学校の生徒だった 1977 年の初めに、生徒#11 が ASIJ キャンパス近くの Moyer の自宅にいた際に、Moyer に抱きしめられキスをされ、また生徒#11 の手を Moyer の 勃起した性器の上に服の上から載せたと報告している。生徒#11 は、1977~1978 学年および 1978~1979 学年の時期に複数回 Moyer の自宅を訪問し、互いにオーラルセックスをしたと報 告している。生徒#11 はまた、自分が高等学校の生徒だった 1979 年に Moyer とホテルで会い、 互いにオーラルセックスをしたと報告している。生徒#11 は調査担当者に対して、自分と Moyer は愛情関係にあったと考えており、Moyer との関係を ASIJ の他の人に話したことはないと述べ た。 • 生徒#12 は、中等学校での Moyer との出会いと、科学実験を一緒に実施したときのことを記述 した。生徒#12 は高等学校の時に、Moyer の犬の世話を手伝い始めたころから Moyer と学校 外で会い始めたと報告している。生徒#12 は、1977 年の秋に、Moyer は生徒#12 をキャンパス 生徒#6 は、Moyer が生徒#8 の胸に触った事件を目撃したと報告しているが、生徒#6 は、この事件は Moyer の教室で 起きたと記憶している。 3 7 ROPES & GRAY LLP 近くの Moyer の家でレイプしたと報告している。生徒#12 は、自分が高等学校の生徒だった時 と卒業後 1980 年代初めに日本を離れるまでの間、自分と Moyer は「何百回も」性交を行ったと 報告している。生徒#12 は、ASIJ 卒業後しばらくの間 Moyer と一緒に暮らしていたと報告して いる。生徒#12 はまた、高校生の当時から Moyer は自分に自宅の鍵を与えていたと報告して いる。生徒#12 が、自分と Moyer との間にあったことは誰にも話さなかったと述べている一方で、 セクション III.C で詳しく述べるように、元教員および卒業生は、当時生徒#12 が卒業後に Moyer と一緒に住んでいたことは、教員、運営者そして生徒の中でも知られていたと述べてい る。生徒#12 は、彼女が大学院入学のために日本を離れると、Moyer は生徒#12 を追いかけて きて、生徒#12 が別れを告げると、生徒#12 のアパートで自殺を図って入院したと報告している。 これらの事件については、以下のセクション III.C でさらに詳しく記載している。 • 生徒#13 は調査担当者に対して、中等学校の生徒だった 1977 年~1979 年のいずれかの時に、 ASIJ の Moyer の教室で隣に座っていたときに、Moyer が生徒#13 の脚に手を置いて、腿をな で回したと報告している。生徒#13 は、自分は 当惑して、この経験を誰にも話さなかったと報告 している。 3. 1980 年代 • 生徒#14 は、中等学校の生徒だった 1982 年に、夏の旅行で三宅を訪れたと報告している。生 徒#14 はこの旅行で、Moyer は生徒#14 にアルコールを飲ませ、オーラルセックスを強要し、そ の後生徒#14 にオーラルセックスをした後レイプしたと報告している。生徒#14 は、その当時 Moyer との経験を誰にも話さなかったと述べているが、以下のセクション III.E で記載するように、 生徒#14 は 2013 年 11 月に、現在の学長および現在の理事長宛に Moyer についての書簡を 送った。 • ある卒業生は調査担当者に対して、ASIJ の高等学校の生徒だった 1980 年~1982 年のいずれ かの時に、2 名の友人と Moyer と共に三宅に旅行に行ったと報告している。この生徒は、 Moyer は自分と友人に対して、三宅にいることを家族に知らせないように言ったと報告している。 この卒業生は調査担当者に対して、自分ともう 1 名の友人は、Moyer が別の友人「と寝ている」 ところを見たと述べた。なおこの別の友人の名前は特定されておらず、また当方でも特定するこ とはできなかった。この卒業生は、自分と友人は自分たちが見たことを両親や教員に話すこと はできないと感じ、そのためそれを秘密にしていたと述べた。 • 書面による陳述で、生徒#15 は、中等学校の生徒だった 1983 年の夏に、Moyer の招待で友人 1 名と共に 1 週間ほど三宅を訪問したと報告した。生徒#15 は、その夏の三宅の滞在中のある 晩に、Moyer が自分の脚とおそらくは背中を撫でていたという曖昧な記憶を報告している。生 徒#15 は、ASIJ を卒業していた生徒#12 も島にいて、Moyer の研究室で働いていたと報告して いる。生徒#15 はさらに、1983 年の秋、Moyer の研究室で 1983 年の夏に働いていた 2 名の大 学生が自分に電話をしてきて、Moyer に気をつけるように言われたと報告している。生徒#15 は、大学生との会話について Moyer に話すと Moyer は非常に怒ったと報告しており、また、 自分は Moyer に二度と話しかけなかったと述べている。生徒#15 は、自分と Moyer とのトラブ ルについて、「皆が Moyer を好きだった」という「明白な理由から」、当時友人達に話したことは なかったと報告している。 8 ROPES & GRAY LLP • 生徒#16 は、高等学校の生徒だった 1985 年の夏に、スキューバダイビングを習うために、1 人 で三宅の Moyer を訪ねていったと報告している。生徒#16 は、この旅行の最初の夜に、Moyer は自分を寝かせて、生徒#16 に跨がりながらシャツをめくって背中をマッサージしたと報告して いる。生徒#16 は、Moyer が胸の境目近くまで手を伸ばしてきたので、腕を体近くまで引き寄 せたところ、Moyer はマッサージをやめたと述べた。生徒#16 は当方に対して、様々な理由か ら、Moyer についてのジャパンタイムズの記事を読んだ 2014 年まで、この Moyer との経験を 誰にも話さなかったと述べた。 • 生徒#17 は、高等学校在籍中で ASIJ より停学処分を受けていた 1986 年の春に、三宅滞在時 に Moyer が自分をレイプしようとしたと報告している。生徒#17 は調査担当者に対して、レイプ されそうになったのは夜で、自分は Moyer を押しのけ、その後走って逃げて外に隠れ、朝に島 を離れたと述べた。以下のセクション III.C に記載のとおり、生徒#17 は、その当時高等学校の 校長に知らせたと報告している。 • 生徒#18 は、中等学校の生徒だった 1986 年の夏に友人達と三宅を訪問したと報告している。 生徒#18 は、Moyer は旅行の間毎晩、胸、性器および臀部を愛撫したと報告している。以下の セクション III.C に記載のとおり、生徒#18 の母親と兄は、1986~1987 学年のいずれかの時と 1994 年に再度、学校側に生徒#18 に対する虐待について連絡を取ったと報告している。 上記セクション II.C.1~II.C.3 までに記載した報告に加えて、複数の人物より、Moyer は、ASIJ キャンパス近くの自宅付近での犬の散歩の手助けに招いたり、生徒を夕食や他の社交的な外出に連 れて行ったりという方法で、学校外で会う機会を作っていたとの報告があった。また複数の人物より、 Moyer にはお気に入りの女子生徒がいて、そういった生徒を「グッチ(gucci)」と呼んでいたという報告 があった。複数の生徒は、Moyer が生徒に、度付きレンズの入ったスキューバ用ゴーグルといったプレ ゼントを贈っていたと報告した。当方ではこの他にもまた、卒業生や教員から、Moyer が公然と女子生 徒に対してボディタッチを行っていたり、生徒の脚をなでたり、背中をマッサージしたりといった不適切 で行き過ぎた態度を三宅プログラムの期間中や他の機会にとっていたという、直接的あるいは間接的 な報告を受けている。 当方ではまた、インタビューに応じた複数の人物が、Moyer が自殺を図る前の数年間一緒に 働いていたとされる日本人の学生たちに対する懸念を表したことに注目している。今回の調査では ASIJ に関連しない個人に関する具体的な虐待報告は明らかにはならなかったが、当方の評価として は、今回の調査で当方に報告があった不適切行為の申立の量を鑑みると、確かに Moyer の児童虐 待が ASIJ のコミュニティを超えて行われていた可能性はある。 III. Moyer の不適切行為の申立に対する ASIJ 運営者の対応 上述のとおり、当方の調査期間中に申し出をした女性の大半は、その当時、虐待について誰 にも話さなかったと報告した。多くの女性は、沈黙を続けたのは、恐怖、羞恥心または当惑の気持ちが 一因であったと述べた。これは当方の経験上、めずらしいことではない。ただし、一部の人物は調査担 当者に対して、当時または発生後それほどの時を経ずに、Moyer の虐待の疑いについて学校側に報 告したと述べた。当方では、これらの事実の報告を受けたといわれている人物に可能な限りコメントす る機会を提供すると共に、入手可能な限りこれらの報告に関連する文書を調べた。以下で詳しく述べ るように、とりわけ初期の頃に申し立てられた報告については、学校側のファイルその他の中に、これら 9 ROPES & GRAY LLP の報告と同時期の文書をほとんど見つけることができなかった。これらの申し立てられた報告について、 以下に年代ごとに記載する。 A. 1960 年代 • ある元 ASIJ 職員は調査担当者に対して、1967 年の夏に、もうすぐ 12 年生になるある生徒から その職員ともう一人別の教員に対して、Moyer がその夏に三宅で、別の 12 年生の女子生徒の 手を公然と握っていたとの報告があったと当方に報告した。その教員は、既に亡くなっている4。 調査担当者に報告されたところによると、その教員は当時の学長(学長#1)に連絡を取り、学長 は Moyer にカウンセリングを受けることを提案し、その教員は、宣教師をしていた ASIJ のある 保護者(「当保護者」)によるカウンセリングを提案したとされる。この職員は、カウンセリングは 行わたものと信じていたが、直接的に検知したものではない。この件に関するいかなる文書も、 学校側のファイルには見つからなかった。 Moyer のカウンセリングの依頼を受けたとされる当保護者は上記の件または要請を覚えていな かった。当保護者は、自分の娘が Moyer に対する懸念を表明した 1968 年の別の機会に、 Moyer と話をしたことについては思い出した。当保護者によると、1968 年の Moyer との面談で は、Moyer の妻が日本に戻ってくることに関する Moyer の懸念について話し合ったという。当 保護者は調査担当者に対して、自分は Moyer との会話を ASIJ の誰にも話さなかったと述べた。 また、当保護者は調査担当者に対して、Moyer の生徒との交流を観察する機会が何度かあっ たと述べ、当保護者もその妻も、Moyer が不適切な振る舞いをするのを見たことはないと述べ た。当保護者の娘も、この一連の出来事に関しさらなる情報を提供した。この娘は調査担当者 に対して、複数のクラスメートと 1968 年に三宅を訪問したと述べ、その際、クラスメートの 1 人が 他の女子生徒に、Moyer が旅行中の夜に「自分のベッドに入ろう」としたと話したため、旅行を していた女子生徒達は、Moyer がこれ以上何もしないように交代で一晩中起きていることにし たと報告した。彼女は、クラスメートが話していたことについて、Moyer に話したと思うが、これに 対し Moyer は自分の「問題」について誰も話す相手がいないと語ったと述べた。彼女は、宣教 師である自分の父親と話すことができると Moyer に告げ、また自分の父親(当保護者)に対し て、島に来て Moyer と話をしてくれと頼んだと述べた。そして、他の生徒が帰った後自分の父 親が旅の終わりに三宅に来たと報告した。彼女は、自分が父親に、Moyer の振る舞いについ てクラスメートから聞いたことを告げたかどうか覚えていない。彼女の父親(当保護者)は調査担 当者に対して、自分の娘から聞いたことは、Moyer が困難な状況にあるということで、娘の懸念 は他の生徒ではなく Moyer に関するものであったと述べた。 B. 1970 年代 • 人事ファイルの中に、1973 年 4 月 23 日付けの Moyer の教員としての評価書があり、それによ ると Moyer は「若い生徒と優れた関係を持っている。生徒を容易に扱い、誠実に全ての生徒と 強調しようとする[原文ママ(訳注:協調が正しい)]。生徒の福利に対して深慮する。時折あまり にも感情移入する場合もある」。と評価されている。1974 年 4 月 16 日付けの Moyer の教員とし 4 この教員は勤務を続け、校長#3 となった。 10 ROPES & GRAY LLP ての評価には、Moyer は「生徒を容易に、また公正で正しい方法で扱っている。生徒を平等に 扱い、見下すように話すことはない。純粋に若い人が好きで、生徒の利益のために自分の楽し みを進んで控える。今日の若者を理解し、感情を共有して憂慮している。生徒に関しては比較 的感情的ではないようにも見え[原文ママ]、問題解決に対しては冷静で論理的なアプローチ をすることがある」と記載されている。どちらの評価も、亡くなった当時の校長(「校長#1」)の署 名がある。 • 調査期間中、ある元教員は、1974 年か 1975 年に、自分が Moyer の教室に入ると、7 年生の女 子生徒が Moyer の膝に乗って、Moyer の首に手を回し、Moyer の手が女子生徒の腹のあた りに置かれているのを見たと報告した。この教員は調査担当者に対して、自分は校長#1 にこれ を報告したところ校長#1 より、「Jack らしいことをしているだけ」という趣旨のことを言われ、学長 が「この件について対応する」と言ったと報告した。この件に関して、学校側のファイルに何の 書類も見つけることはできなかった。この教員は調査担当者に対して、当時この件を別の教員 に話したが、両者とも、この件は「妙な」ものと考え、いずれの口からもこの件についてそれ以上 話すことはなかったと述べた。校長#1 は既に亡くなっているので、当方はインタビューを行うこ とはできなかった。 • ある卒業生(「クラスメート#1」)は調査期間中に提出された書面による陳述の中で、クラスメート #1 が ASIJ の中等学校の生徒だった 1975 年初めごろ、生徒指導室に呼ばれ、マリファナを吸 っていると噂されていた他の生徒について質問を受けた。クラスメート#1 は指導員に対して、 「[指導員は]なぜ Jack Moyer のようなもっと重大な問題を心配しないのか」と尋ねたと報告し ている。クラスメート#1 は、カウンセラーはその発言は何を意味しているのかと尋ね、クラスメー ト#1 はカウンセラーに対して、Moyer は「ASIJ の女子生徒に性的な接触やつきまといをしてい る」と話した。このカウンセラーは調査担当者に対して、この生徒のことは覚えているが、彼女と とのマリファナや Moyer についての会話は思い出せないと述べた。このカウンセラーは当方に 対して、Moyer が絡んだ不適切行為についてどの生徒とも話をした覚えはないと語った。当方 ではこの件に関して、学校側のファイルに何の書類も見つけることはできなかった。 • 生徒#4 は調査担当者に対して、自分が Moyer と生活していた 1975 年に、自分の数学の教員 (生徒#4 は名前を思い出せなかった)が Moyer の家を訪問し、自分がそこで暮らしていること を知ったと述べた。生徒#4 は、自分とその教員は、教員が帰る前に数分間おしゃべりをしたと 報告した。 • 先述のとおり、生徒#10 とその父親は調査担当者に対して、1977 年の秋に、校長(「校長#2」) に、Moyer の不適切な振る舞いについて通報したと述べた。生徒#10 の父親は、生徒#10 が 自分に対して、その夏の三宅滞在中に Moyer が繰り返し不適切に接近してきたと話したと報 告した。この父親は校長#2 と面談し、校長に対して、Moyer の接近には「肉体的な接触」が含 まれていたことを話したが、実際にどの様な接触だったのかははっきりは知らなかった。生徒 #10 は当方に対して、自分も校長#2 と面談したと語った。生徒#10 は校長#2 の質問や自分の 回答について正確な言い回しは思い出せなかったが、校長#2 は Moyer が自分と性交を行っ たのかどうかを知りたがったと記憶しており、校長にはそれはなかったと言ったと述べた。生徒 #10 は、Moyer がしたことを描写する際に「(いやらしく)触られた(groping)」というような言葉を 使ったと記憶しており、校長#2 に、胸や性器を含め Moyer が触った体の部分を自分の手で示 11 ROPES & GRAY LLP した。生徒#10 は、自分が校長#2 と話をした際、自分としては、校長#2 が Moyer の行為がど れほど深刻だったのかを理解し、また校長#2 が Moyer が自分の胸や性器に触れたことをわか ってくれたと「全く疑わなかった」と述べた。生徒#10 とその父親はどちらも、校長#2 が、この件 について調べ、措置をとると告げたと報告した。 • 当方の調査中、生徒#10 のあるクラスメート(「クラスメート#2」)は、1977~1978 学年の期間に校 長#2 に対して、Moyer が何か「性的に不適切なこと」を生徒#10 に行ったと告げ、また他の生 徒が生徒#10 にいやがらせをした際には、クラスメート#2 は生徒#10 を擁護したと報告した。ま たクラスメート#2 は、1977 年か 1978 年には、当時学校の図書館で働いていた ASIJ のある生徒 の母親に対して、Moyer が「性的に不適切なこと」を生徒#10 にしていると告げたと報告した。こ の ASIJ の生徒の母親は、Moyer について報告を受けたことは全く記憶になかった。 • 生徒#10 の別のクラスメート(「クラスメート#3」)は当方に対して、当時、生徒#10 が校長#2 に、 Moyer について話をしたことを知っていたと報告した。クラスメート#3 は、1977 年か 1978 年に、 生徒#10 が、Moyer は自分に対して性的に不適切なことをしたと語ったと報告した。クラスメー ト#3 は、生徒#10 とその両親を学校で見たことを思い出し、また生徒#10 が、本人と両親とで校 長#2 と面談して、Moyer との間に何があったのか報告したと言ったことを思い出した。クラスメ ート#3 は、生徒#10 が当時、校長#2 は、生徒#10 とその両親に対して、学校側が「対処する」と 言ったと話したという。クラスメート#3 は調査担当者に対して、当時他の複数のクラスメートが、 生徒#10 がその当時 Moyer について校長#2 に報告をしたことを知っていたと思うと述べた。 • 校長#2 は調査担当者に対して、生徒#10 とその父親が Moyer に関して自分に会いに来たこと、 または性的な不適切行為について自分に注意喚起したことを思い出せなかった。校長#2 は調 査担当者に対して、もし自分が Moyer の生徒#10 に対する虐待や不適切行為の報告を受け たのならば、その情報に基づいてなんらかの行動をしたはずであると述べた。。校長#2 は調査 担当者に対して、「(いやらしく)触られた(groping)」という言葉が絡んだような報告が行われた のならば、学長と共に対処しただろうと述べた。また校長#2 は、クラスメート#2 から生徒#10 また は Moyer に関する報告を受けたことは記憶にないと述べた。当方では、生徒#10、その父、ま たはクラスメート#2 の報告に関して、学校側のファイルに何の書類も見つけることはできなかっ た。 • 生徒#12 の ASIJ 在学中の校長でもあった校長#2 は調査担当者に対して、1970 年代後半に、 生徒#12 が Moyer に近づきすぎていることに懸念を覚えていたと述べた。校長#2 は調査担当 者に対して、自分は Moyer と生徒#12 との間に性的なことが起こっているとは考えていなかっ たが、生徒#12 が Moyer とかなりの時間を一緒に過ごしていることには気づいており、他の生 徒や教師からも指摘があったと話した。校長#2 は、当時の学長(「学長#3」)にこの件について 話し、学長#3 は校長#2 に対して、学長#3 が生徒#12 の両親に話をしてみると述べたと報告し た。さらに校長#2 は、学長#3 が校長#2 に対して、生徒#12 はまもなく卒業で、両親の許可の下 Moyer と三宅で時間を過ごしているため、学校側にできることは何もないと言ったと述べている。 学長#3 は既に亡くなっており、当方ではこの事件に関して、学校側のファイルに何の書類も見 つけることはできなかった。 • 書面による陳述で、(上記で述べた)クラスメート#1 は 1978 年春頃、校長#2 に対して、Moyer 12 ROPES & GRAY LLP は ASIJ の生徒に性的虐待を加えており、自分は Moyer と生徒#12 が一緒に過ごしているとこ ろを見ているので、Moyer が同じことを生徒#12 にしているのではないか懸念していると話した と報告している。クラスメート#1 はその当時、高等学校の生徒だった。クラスメート#1 は、校長 #2 は自分に対して、校長#2 がそれについて調べると語ったと述べた。 クラスメート#1 はその同じ春のしばらく後に、同じく ASJI の生徒だった友人(クラスメート#4)と一 緒に、学校近くのゴルフコースで Moyer が生徒#12 にオーラルセックスをさせているところを見 たと報告した。クラスメート#1 は校長#2 に自分が見たことを話し、校長#2 はクラスメート#1 に対 して、生徒#12 に自分と話をするよう言うと述べたと報告している。クラスメート#1 は、自分は生 徒#12 に何も言わなかったと報告している。 クラスメート#4 は、自分とクラスメート#1 は、ゴルフコースで Moyer が生徒#12 にオーラルセック スをさせているところを目撃し、自分が知る限りにおいて、クラスメート#1 は自分たちが見たこと を学校の誰かに報告したと述べる陳述を提供した。インタビューの際に校長#2 は、Moyer に関 するクラスメート#1 との会話や、ゴルフコースでの事件に関する報告は記憶になく、そういった 情報があれば自分は何らかの対応をしただろうと述べた。 クラスメート#1 は、校長#2 と話をしたおよそ 1 週間後に、生徒#12 と Moyer が一緒にいるとこ ろを再び目撃したと報告している。クラスメート#1 は、自分は学長#3 の所に行って、ゴルフコー スで自分が見た生徒#12 と Moyer との間のことを話し、学長#3 に、自分は以前この件を校長 #2 に話したと述べた。クラスメート#1 はまた、学長#3 に対して、Moyer に性的虐待を受けてい るのではないかと疑われる他の女子生徒の名前も告げた。これに対し学長#3 はクラスメート#1 に大声で怒鳴りつけて、「危ない橋を渡っている」と注意したという。クラスメート#1 は、学長#3 の部屋を出た後、自分は学長#3 を避けていたと報告している。学長#3 は既に亡くなっている ため、当方はインタビューを行うことはできなかった。当方ではクラスメート#1 の校長#2 または 学長#3 への報告に関して、学校側のファイルに何の書類も見つけることはできなかった。 • 上述のとおり、生徒#5 とその夫は、1979 年の春またはそのすぐ後に 2 通の書簡を書いて、校長 #2 に対して、彼らが ASIJ の生徒であった 1970 年代中盤に、Moyer が生徒#5 に対して性的 虐待を加えていたことを通告したと報告している。生徒#5 とその夫は、その書簡に対して校長 #2 は、自ら Moyer を問いただしたこと、今後改善していくつもりであること、さらには類似の申 立を別の生徒からも受けたことを回答してきたと述べている。生徒#5 も学校側も、この書簡のコ ピーを見つけ出すことができなかった。 校長#2 の側では、校長#2 は調査担当者に対して、生徒#5 から書簡を受け取ったことは思い 出したが、書簡は曖昧で、明確なものではなかったと述べた5。校長#2 は、生徒#5 は自分の名 前が取り沙汰されることを望まず、また性的いたずらが行われたかも不明確で、むしろ Moyer が「その生徒に言い寄った」との印象を受けたと報告した。校長#2 は、生徒#5 が報告したことを、 前の学長で既に亡くなっている学長#2 と#3 に報告したとしている。校長#2 は、学長#3 は自分 に対して、その件には学長#3 が対応すると述べたと報告した。当方では、学長#2 または学長 52003 年に校長#2 が元教員に対して送ったメールの中で、校長#2 は、生徒#5 が校長#2 に Moyer に関する手紙を書いた と述べているが、校長#2 はこの件を思い出さなかった。 13 ROPES & GRAY LLP #3 にインタビューを行うことはできなかった。またこの報告に関して、同時期の文書を見つける こともできなかった。 ある元教員はこの報告について追加情報を提供している。2012 年に校長#2 と外出した際に、 校長#2 はその教員に対して、生徒#5 から Moyer による虐待に関する報告をがあったので、そ の当時の学長にそれを報告したことを告げたという。元教員は、校長#2 は「自分[校長#2]がこ の情報についてもっとフォローすればよかったという後悔の念を表した」と述べた。 • 別の元教員は当方に対して、1970 年代後半に、Moyer が学校で女子生徒の肩を揉んだり背 中をマッサージしたりしているところを目撃したと報告している。当方では、この元教員が目撃し たことを文書にしたり、誰かに報告したりしたという証拠を見つけられなかった。 • 校長#2 は 2014 年のオンライン投稿で、自分の ASIJ 校長時代(大半が 1970 年代中盤から後 半)に、何人かの生徒と保護者が「Moyer の熱心に注意を引こうとする行動について、『気持ち 悪い』、『怖い』、『強引である』、『親密すぎる』といった言葉を使って自分に話をした」と報告し ている。校長#2 は、これらのコメントを既に亡くなっている学長#2 に伝えたが、「Jack らしいこと をしているだけ」といった趣旨のことを言われたと報告している。校長#2 は、Moyer のこういった 言動に、身体的な性的虐待が含まれているとは思いもしなかったと述べた。校長#2 は、こうした コメントについて Moyer を問い詰め、生徒の扱いについてもっとプロに徹するよう警告したと述 べた。当方では校長#2 に対して出された Moyer に関するコメントや、校長が Moyer を問い詰 め警告を発したことに関して、学校側のファイルに何の書類も見つけることはできなかった。 C. 1980 年代 • 当方では、1980 年のクラスの卒業生より、1980 年代に、同じく ASIJ の生徒だった自分の友人 2 名が、学校近くのゴルフコースで Moyer が生徒#12 にオーラルセックスをさせているのを見たこ と、およびその卒業生の友人の 1 人がこの情報を当時校長#2 に報告したという報告を受けた。 この卒業生の 2 名の友人が、、上述のクラスメート#1 およびクラスメート#4 であり、この事件に関 して陳述書を提出している。ただしクラスメート#1 およびクラスメート#4 はこの事件が 1978 年に 起こったと記憶していた。 • ある元職員は、自分と他の学校関係者は、生徒#12 が Moyer の家に引っ越したことには気づ いていたが、生徒#12 はその当時既に学校を卒業していたので、学校側は何の管理も行わな かったと述べた。この元教員は調査担当者に対して、(生徒#12 が ASIJ を卒業した後の)1981 年または 1982 年の夏に、Moyer 宛の書簡を届けるために Moyer の家に立ち寄った際に、生 徒#12 が T シャツと下着だけの姿で玄関に出てきて、寝起きのような感じだったと述べた。また、 この元教員は、後に Moyer と生徒#12 が三宅で一緒に働いていると聞いたことを思い出した。 • 上述のように、校長#2 は、1970 年代に自分は生徒#12 と Moyer の関係を懸念していたと述べ た。そして校長#2 は、彼が ASIJ を退職した 1980 年代初めに、生徒#12 が、Moyer とロマンチ ックな関係にあったと告げたと報告している。校長#2 は、生徒#12 が自分に、生徒#12 が Moyer に別れを告げたので Moyer は自殺を図り、米国の大学の精神病院にいると語ったと述 14 ROPES & GRAY LLP べた6。校長#2 は、この会話を生徒#12 と交わした後、ASIJ の誰とも連絡を取らなかったと報告 している。当方の調査では、この会話も、Moyer と生徒#12 との関係に関する他の教員や生徒 のコメントも、学校のファイルの文書には記載されていなかった。 • 1970 年代の男子卒業生は陳述の中で、1985 年に、学校のその当時のディベロップメント・オフ ィスの担当者に、「ASIJ は周知の小児性愛者をなぜ雇用し続けるのか」と尋ねたと報告した。こ の男子卒業生の陳述によると、ASIJ の生徒だった当時、男子卒業生とのその友人のグループ は Moyer をしばしば「小児性愛者」と呼び、「生徒の間では、[Moyer の][ASIJ の]女子に対す る振る舞いについてたくさんの噂があった」という。この男子卒業生は、ディベロップメント・オフ ィスの担当者に、中等学校時代に生徒#10 が自分に、Moyer が「生徒#10 にモーションをかけ た」と話したこと、また 1979 年には、Moyer と生徒#12 が夜に酒を購入後 Moyer の家に向かっ て歩いて行き、次の朝一緒に Moyer の家を出るのを目撃したこと、さらにはこの男子卒業生の 在学中、自分の友人達の間では Moyer は生徒と性交をしていると信じられていたこと報告した と述べた。インタビューの際、ディベロップメント・オフィスの担当者は、この会話を思い出せな いと述べ、また自分は、ASIJ 在籍中、Moyer を含め誰についての性的虐待の報告も受けてい ないと述べた。当方ではこの事件に関して、学校側のファイルに何の書類も見つけることはでき なかった。 • 上述のように、生徒#17 は、1986 年晩春、その当時の高校の校長(校長#3)に対して、Moyer が自分に「性的なモーションをかけている」と述べたと報告している。生徒#17 は、校長#3 は、 Moyer に関しては過去に類似の情報を聞いたことがあり、Moyer と話してみると述べたと報告 した。また、生徒#17 は、校長#3 は生徒#17 に対して、このことは黙っているよう言ったと報告し た。インタビューの際、校長#3 は、自分は Moyer による性的虐待に関する苦情を生徒または 保護者から受けたことは断じてないと述べた。当方ではこの事象に関して、学校側のファイル に何の書類も見つけることはできなかった。 • 上述のように、生徒#18 の兄と母親は、1986~1987 学年のいずれかの時に、この兄と母親が、 Moyer による生徒#18 への虐待について学校に連絡を取ったと報告している。生徒#18 の母 親は、自分は教員に連絡を取り、教員は自分を学校の養護教諭に紹介した報告している。伝 えられるところによれば、生徒#18 の母親は養護教諭との面談を調整したが、これはキャンセル された。また、生徒#18 の母親はその後、当時の学長である学長#3 と話をしたという。その際、 この母親は学長#3 に対して、「Jack Moyer は娘に対して、性的に不適切なことをした」と話し、 Moyer は娘や他の少女と接触すべきではないと主張したと述べた。これに対し、学長#3 は、自 分がこの件を調査すると述べたという。母親が学長#3 と話をした後、Moyer は生徒#18 への連 絡をやめたとされる。また、生徒#18 の兄は、1987 年に学長#3 に、自分の妹が被った虐待に関 して書簡を送り、学校は Moyer の三宅プログラムへの関与をやめさせるよう要請したと報告し た。生徒#18 の兄は、この書簡に関して何の回答も受け取らなかったとのことである。当方では この報告に関して、学校のファイルに同時代の文書を見つけることはできなかったが、下記で 述べるとおり、生徒#18 の母親と兄は、このときの報告(1986 年~1987 年)に関して 1994 年にも 学長に書簡を送った。 上述のように、生徒#12 は調査担当者に対して、Moyer は生徒#12 が日本を去った後追いかけてきて、別れを告げられ ると、生徒#12 のアパートで自殺を図り、入院したと報告した。 6 15 ROPES & GRAY LLP 生徒#18 の母親を養護教諭に紹介したとされる教員は、保護者または生徒から Moyer に関す る報告書を受領したことを覚えていなかった。養護教諭も同様に、こういった報告や苦情につ いて覚えていなかった。学長#3 は既に亡くなっているため、インタビューをすることができなか った。 D. 1990 年代 • 7 年生の三宅プログラムの引率を務めたことのある元 ASIJ 教員は、調査担当者に対して、1990 年の三宅プログラム旅行中に、Moyer が女子生徒に触ったり、抱きしめたりしていたのを目撃 したと述べた。この元教員は、他の教員と共に、元中等学校校長(「中等学校校長#2」)に対し、 この件を調査すべきだと話したと報告した。この元教員は、自分が Moyer の行動について問 題提起した後、中等学校校長#2 が何をしたのかはわからないが、何らかの対応を行ったと信じ ていたと報告した。 中等学校校長#2 は調査担当者に対して、ASIJ 在籍中に Moyer の性的な不適切行為につい て報告を受けたことはなく、また思い返してみても、Moyer の不適切なもしくは「気持ち悪い」よ うな、またはそういった懸念を抱かせるような行為について問題を提起されたことはなかったと 述べた。中等学校校長#2 としては、せいぜい Moyer が「少女達との不適切な交流」があったと いう噂を聞いたかもしれないという程度であり、当時、その噂に関与していたのは高等学校の生 徒であるという印象だったと報告した。中等学校校長#2 は、当時の学長である学長#3(既に死 亡)とこの噂について話をしたと述べた。その際の学長#3 の正確な反応については思い出せ なかったが、学長#3 は中等学校校長#2 に対して、この噂は根拠のないもので、心配する必要 はないと言ったという。当方ではこれらの噂や上記の教員の報告に関して、Moyer の人事ファ イルや他の学校側のファイルに何の書類も見つけることはできなかった。 • 生徒#1 は 1990 年代に、1970 年代の ASIJ のクラスの同窓会委員会のメンバーに対して、 Moyer から性的虐待を受けていたことを連絡し、委員会として、同窓会による一番人気な教員 賞の候補から Moyer をはずすよう求めたと報告した。いずれも ASIJ の卒業生である同窓会組 織委員会の 3 名の委員は、生徒#1 の報告に関して追加情報を提供した。ある同窓会委員は、 別の同窓会委員が、当時の学長、つまり学長#3 と面談した際、学長#3 は「全ては解決したもの と思っている」といった趣旨の回答をしたと聞いていると報告した。もう一人のの同窓会委員は、 学長#3 は、Moyer の受賞に異を唱える卒業生がいたことに驚いていなかったように見えたと報 告した。同窓会委員達は、学長#3 が受賞者の変更に同意したと述べた。当方では、この学長 #3 との会話に関して、同時代の報告を見つけることはできなかった。また学長#3 は既に亡くな っているため、インタビューをすることもできなかった。ただし、以下で述べるとおり、生徒#1 は 2000 年に学長(「学長#4」)と、特に、1990 年の同窓会組織委員会への報告についてやりとりを している。 • 1973 年クラスの ASIJ のある卒業生(「1973 年卒業生」)は調査担当者に対して、1991 年より以 前に行われた ASIJ の他の卒業生との集まりで、Moyer の虐待について話を聞いたことがあると 話した。この 1973 年卒業生は、当時の学長である学長#3(既に死亡)に電話をして、自分が知 ったことを話したと報告した。この 1973 年卒業生によれば、学長#3 は「[Moyer は]幸せな結婚 をして子供もいることは知っているだろう」と回答した。また、学長#3 は、Moyer はもう二度と、 16 ROPES & GRAY LLP 三宅において単独で子供達と過ごすことはないと述べたという。この 1973 年卒業生は、学長#3 または他の ASIJ の関係者からそれ以上の対応は受けていないと報告した。一方で、この 1973 年卒業生は、その次の学長である学長#4 の在籍中(1991 年~2003 年)に学長#4 にメールを 送り、同じく 1970 年代初めの ASIJ の卒業生である友人達との非公式な同窓会で知った Moyer の虐待について報告した。当方ではこのメールのコピーを入手したが、当方の手元に あるコピーには日付がなく、このメールが学長#4 に送信された日付を確認することはできなか った。このメールで、この 1973 年卒業生は学長#4 に対して三宅プログラムに関する懸念を表 明し、既に学長#3 と話したことがあると述べ、学長#4 に対して、自分に連絡するよう要請した。 学長#4 は、この 1973 年卒業生からのメールを受領したことは思い出さなかったが、三宅プログ ラムの終了を求める 1973 年卒業生の要請について、学校の他の者と話したであろうと思うと述 べた。 • 1994 年に、生徒#18 の兄と母は学長#4 に書簡を送り、生徒#18 が 1986 年に Moyer より痴漢 行為を受けたこと、および生徒#18 の母親は、学長#3 や教師に報告を行ったことを通知した。 学長#4 の返信によると、学長#4 はその申立について調査したが、それを実証するものは、 Moyer の人事ファイルにも学長#3 やその書簡に名指しされていた教員とのインタビューでも、 あるいは申し立てられた最初の報告(1986 年)当時の中等学校校長(「中等学校校長#1」)との インタビューでも何も見つからなかった。当方はこの 1994 年のやりとりのコピーを入手し、また 調査担当者による Moyer の人事ファイルの検討を行ったが、以前の性的不適切行為の申立 に関する文書は含まれていなかったという学長#4 の供述を裏付ける結果となった。学長#4 は、 生徒#18 の家族が追加の証拠を提供してくれるならば調査を再開したいと申し出た。また、学 長#4 は調査担当者に対して、生徒#18 に関する書簡を受領した時点で、学長#4 は、受領した 書簡において過去に生徒#18 の母親から虐待について報告を受けたとされている者を含め、 何人かの人物と協議を行ったが、これらの人物は Moyer に関する申立を聞いたことさえも思い 出さなかったと述べた。 中等学校校長#1 は調査担当者に対して、学長#4 が(ASIJ 退職後の)1991 年以降のいずれか の時期に電話を掛けてきて、Moyer の少女達との「関係」について、これまでに誰かが懸念を 表明したことがあったかどうか尋ねられたことを思い出したと述べた。これに対し中等学校校長 #1 は、自分に対しそういった懸念を提起した者はなかったと答えたと報告している。また、前述 の教員は調査担当者に対して、ASIJ を退職してから数年後に、学長#4 が電話を掛けてきて、 生徒#18 が学校に連絡をしてきたと話し、また生徒#18 と Moyer との間に起こったことについて この教員に話したと報告した。その際、この教員は学長#4 に対して、生徒#18 に関してそのよう な会話をしたことは思い出せないと述べたという。 • ある元教員は調査担当者に対して、1993 年か 1994 年のいずれかの時点で、学長#4 が自分に 対して、三宅への校外旅行の際には Moyer との交流に注意すること、彼女自身が 1 人で Moyer と一緒にいたり、生徒が 1 人で Moyer と一緒にいたりすることがないようにということを 言われたと報告した。この元教員は当方に対して、それ以上の説明はなかったと述べた。学長 #4 はこの会話を覚えていなかったが、生徒#18 の兄から書簡を受領した後で、特に注意を払 いたかったのだろうと述べた。 上述のように、1973 年卒業生はその後、学長である学長#4 の在任中にメールを送り、同じく 17 ROPES & GRAY LLP 1970 年代の ASIJ の他の卒業生である友人との非公式な同窓会で知った Moyer の虐待につ いて報告した。この 1973 卒業生のメール(日付無し)を学長#4 が、生徒#18 の兄および母親の メールと関連するものと受け取ったかどうかは定かではない。学長#4 は調査担当者に対して、 1990 年代終わりか 2000 年代初めの、生徒#18 の兄からの書簡を受領した後の時期に、Moyer に関する 2 件目の申立報告を受け取ったことは思い出した。学長#4 は、この連絡を誰から受け たかは思い出せず、またこのやりとりのコピーも持っていなかったが、その書簡では学校に対し て三宅プログラムをやめるよう要請していたように記憶していた。学長#4 は、この 2 件目の報告 受領後、中等学校校長(「中等学校校長#3」)にこの報告と生徒#18 の兄からの以前の報告に ついて話をしたと報告している。以下に述べるように、中等学校校長#3 と別の学校の運営者は、 2000 年には Moyer と面談し、Moyer の ASIJ とのコンサルタント契約を終了した。 E. 2000 年から現在まで • 2000 年夏に三宅が噴火し、Moyer は島を離れた。火山の噴火による三宅の破壊を受けて、一 部の ASIJ 卒業生は Moyer の支援のための募金を始めた。ASIJ 卒業生から Moyer のための 寄付の勧誘を受けた後、生徒#1 は学長#4 に対して、自分は 1970 年代に Moyer から性的虐 待を受けており、Moyer の虐待の対象となった別のある人物 1 名も知っており、他にもいるので はないかと恐れていると報告するメールを送った。当方ではこのメールのコピーを入手・検討し、 直接関係がある部分についてはここでまとめる。生徒#1 は学長#4 に対して、1990 年の同窓会 委員会への報告について述べると共に、学校運営者および卒業生事務所の人間は、生徒#1 の 1990 年の報告を知っているという印象を受けたことを伝え、またその時点ではこれ以上詳し い報告は必要ないと感じたと述べた。生徒#1 は、このような経緯にもかかわらず寄付の勧誘を 受け取ったことに失望した。生徒#1 は、「どのような形であれこの件を公にして、この軽蔑的行 為を言い触らすことで、学校が傷つくことを望んではいなかったが、、[生徒#1 は]ASIJ はこの 男[Moyer]をこれ以上助長させたり支援したりしない責任を負っていたと信じている」と述べ た。 上述のとおり、学長#4 は中等学校校長#3 に対して、Moyer に関して受け取った 2 件目の申立 について話した。学長#4 は調査担当者に対して、この件に関する報告(当方では生徒#1 から の 2000 年のメールと考える)を受領する以前に、学校側は費用とプログラムの質の問題から、 既に三宅プログラムの終了を検討していたと述べた。学長#4 は、三宅プログラム終了の決定が この報告の受領前か受領後かについては、思い出せなかった。 • 2000 年 10 月に、ASIJ の運営者と中等学校校長#3 は Moyer と面談し、申立について伝えると 共にコンサルタントとしての雇用終了を Moyer に通知した。伝えられるところでは、この面談で Moyer は、自分が恥ずべき「多くの過ち」を犯したことを認めた。当方のインタビューで報告さ れたとおり、運営者はその当時この問題を追及せず、また申立についてそれ以上の対応、調 査、文書化はせず、また司法当局への報告も行わなかった。 • 2003 年に生徒#1 は、「アメリカンスクール・イン・ジャパン - はじめの一世紀」(「100 周年記念 誌」)と題する本を、カリフォルニア州での ASIJ 同窓会で見つけた。生徒#1 と 1970 年代の ASIJ の卒業生(「1970 年代の卒業生」)は、この 100 周年記念誌に、Moyer の立場を「高める」ように 見える Moyer と三宅に関する章が含まれていることに怒った。その後生徒#1 と 1970 年代の卒 18 ROPES & GRAY LLP 業生は学長#5 や他の運営者に連絡を取り、1990 年の生徒#1 の同窓会委員会への報告や、 Moyer の虐待に関する 2000 年の学長への報告について話し合い、Moyer の不適切行為に 照らして、この 100 周年記念誌全ての頒布をやめて破棄するよう要請した。また生徒#1 と 1970 年代の卒業生は学校に対して、Moyer が日本人の子供との活動を続けているという噂につい て懸念を表明し、学校は生徒#1 と 1970 年代の卒業生の、Moyer への連絡の橋渡しをした。 2003 年秋から 2004 年 1 月までにやりとりされた一連のメールを通じて、生徒#1 と 1970 年代の 卒業生は Moyer の生徒への虐待について追及し、Moyer が子供との活動を停止しなければ、 当局に通報すると警告した。 • Moyer は 2004 年 1 月に自殺した。ある学校の運営者は調査担当者に対して、Moyer の自殺 前後の生徒#1 と 1970 年代の卒業生からの問い合わせへの対応として、2003 年(原文ママ)に、 現地警察に Moyer について報告したと述べた。 • 2004 年 2 月 8 日、生徒#1 と先に述べた 1970 年代の卒業生はメールを書き、そのメールはそ の後学長#5 と当時の理事長に転送された。このメールでは、生徒#1 と 1970 年代の卒業生は、 両者とも、「[Moyer による]ある種の性的虐待の対象となったことがある」と述べている7。生徒 #1 と 1970 年代の卒業生は、Moyer への書面による追及、Moyer による性的虐待を受けた他 の人物との連絡、学校の生徒保護方針に関する学校運営者とのやりとり、および Tokyo English Life Line(訳者注:東京英語いのちの電話)への相談を含め、過去 6~8 ヶ月間に自 分たちが取った行動についてまとめた。生徒#1 と 1970 年代の卒業生は、自分たちの目的は、 「[Moyer 自身の子供を含めた]子供達が、Moyer の手から安全に保護」され、「[Moyer の] 他の被害者に情報や支援を提供」し、「ASIJ に現在および将来の子供達を虐待から保護する 方針を確実に実行させ」、「ASIJ を過去の虐待に繰り返し直面することなく帰ることのできる場 所にすること」だと述べた。生徒#1 と 1970 年代の卒業生は、「今回、これらの目標を達成するこ とができた」と書き、自分たちは「学校の新しい運営者とのコミュニケーションを継続しており、自 分たちと協力して動いていくという情熱、支援および意志を受け止めている」と書いた。以下に 述べるとおり、2005 年には、この 1970 年代の卒業生は学長#5 に対して、生徒保護のために学 校が採るべき手段について要請を書き、また 2009 年には、生徒#1 は、自分と Moyer との経験 についてブログを書き始めた。 2004 年 2 月、学長#5 は当時の理事長および初等学校校長に対して、自分は生徒#1 と話をし たこと、そして話し合いが「終結」したことを報告した。学長#5 は、、生徒#1 は学長#5 に対して、 「自分は疲れており、この問題をこれ以上追求したくない」と述べたと語った。生徒#1 は運営者 によるこの問題の取扱いに満足しており、生徒#1 の目的は達成され、学校は子供にとってより 安全な場所となったと述べ、また生徒#1 は被害者の間に癒しがもたらされたと信じており、やが てより多くの癒しがもたらされることを望むと述べたという。2004 年に、学校は学校のウェブペー ジ、アーカイブおよび中等学校のサービス賞から Moyer に関する記載を削除すると共に、新た なセクシャル・ハラスメント防止方針を採用した。 • 2004 年 2 月の理事会の人事・方針委員会の議事録では、「1960 年代および 1970 年代に ASIJ OC&C は当方に対して、この 1970 年代の卒業生は今回調査担当者と話をしたくない旨を通知してきた。そのため 当方では、この 1970 年代の卒業生が被ったであろう虐待について、本人から更なる情報を直接入手することはなか った。 7 19 ROPES & GRAY LLP で教鞭を執った前 ASIJ 教員が、本校在職中に複数の生徒に性的虐待を行った。これは学校 が関連する行事において発生したが、学校内ではなかった。ASIJ は、こういった出来事が二度 と起きないよう、当校の方針を改善することを誓う。問題は、学校外においても教員や生徒に影 響を及ぼすような方針をどの様に書くかということである……新しい[セクシャル・ハラスメント] 防止方針は、教員および生徒のハンドブックの一部となると同時に、当校の人事方針ともなる 予定である」と記載している。 • 2004 年 3 月の理事会への報告では、学長#5 は、自分は「米国在住の卒業生のフォーカスグル ープと一連の話し合いを行った。5 回の会合の内 3 回で Jack Moyer の事件が話題として採り 上げられた」と書いた。学長#5 はまた、ある同窓会で生徒#1 に会い、「一対一で楽しくおしゃべ りをして、その中でこの問題が過去のものとなったことをうれしく思うということで意見が一致した。 生徒#1 は自分の書簡が立証されたので、先に進む用意ができた」と述べた。学長#5 はさらに、 教員は「依然として Moyer について聞いた噂について尋ねてきている。次の教員会議で表明 文を読むことを決定した。この陳述は簡潔で詳細について余り触れないが、噂を沈静化させる には十分な情報を提供すると思う。この問題は完全に解決されていないが、その一方で後半 戦にさしかかっていると考える。人事・方針委員会と共に、セクシャル・ハラスメントに関する当 校の方針および手続を徹底的に見直す予定である。次の会議では新しい方針を理事会で検 討してもらうことになる。この頭の痛い問題が、時と共に解決することを希望する」と書いた。当 方では、学長#5 の理事会への報告で言及された陳述が教員会議で提示されたかどうか、確認 することはできなかった。 • 2005 年 1 月には、上述の 1970 年代の卒業生は学長#5 に対して、「学校の庇護の下で何年に もわたり行われてきたこの恐ろしい生徒への虐待に具体的に対応するために」学校側が採った 手段を尋ねるメールを送った。この 1970 年代の卒業生はまた、「[100 周年記念誌の]コピーは、 そこに含まれた[Moyer に関する]情報を理由として破棄されたのか否か」も尋ねた。学長#5 は その後すぐにこのメールに返信し、前年にこの 1970 年代の卒業生に当校の「性的虐待および 小児性愛者に関する健康教育」のコピーを送ったことを述べると共に、「この分野における現在 の ASIJ の取り組み」についてさらに話し合いをしたいと提案した。 学長#5 は調査担当者に対して、学長#5 が自分の後任である現在の学長に対して、現在の学 長が 2010 年に ASIJ で働き始める前に Moyer について話をしたと記憶していると述べた。学長 #5 はまた、自分は Moyer の事件に関するファイルを自分のオフィスにおいてきたとも述べた。 現在の学長は調査担当者に対して、自分は ASIJ で働き始める前に、最近の問題を頭に入れ るため、過去 5 年間の理事会の議事録を検討したと話した。現在の学長は、Moyer に関するい かなる文書も学長#5 より受領しておらず、過去 5 年間の理事会議事録の検討に際しても、 Moyer に関する言及を思い出せないと報告した。 • 2009 年に生徒#1 はブログを書き始め、そこには特に、Moyer との経験を含めた ASIJ での 経験の詳細が記載されていた。生徒#1 は調査担当者に対して、ブログを書いていたのは 2009 年から 2011 年で、ASIJ コミュニティの他の人たちからブログについて連絡をもらったと 述べている。 • 2011 年 12 月、上記セクション II.C.2 で述べた 1960 年代の卒業生が ASIJ の理事長宛に書 20 ROPES & GRAY LLP 簡を送り、生徒#1 のブログに注意を払うと共に、Moyer の性的虐待に対する学校側の理解 と対応について、もっと透明性を確保すべきだと述べた。現在の学長は 2012 年 2 月に 1960 年代の卒業生の書簡に返信して、理事長がこの卒業生より書簡を受け取っており、現在の 学長は学校のファイルを検討したと述べた。現在の学長は、2004 年の当時の理事長から生 徒#1 への書簡が学校のファイルに存在することを指摘した。この書簡には、「この問題を率 直に取り扱う一方で、被害者個人のプライバシーと感受性に配慮するというのが当校の意向 である」と記してあった。学長はこの 1960 年代の卒業生に対して書簡に対する謝意を伝え つつ、「ペンシルバニア州およびシラキュースでの最近の事件で明らかになった問題につい て ASIJ は学校として理解しており、ASIJ は実践および方針を通じて、当校の生徒に適切な 水準の教育と保護、および生徒の安全を保証するための予防策を提供することに細心の注 意を払って監視を続ける」と書いている。この 1960 年代の卒業生はその後 2012 年 11 月に、 別の書簡を当時および現在の理事長に送り、学校が「[Moyer の事件を]公に処理する」よ う要請した。 • 2013 年 11 月、現在の学長および現在の理事長は生徒#14 より、Moyer による虐待を訴え、 学校側に対して Moyer の虐待を公にし、ASIJ の卒業生および存在する場合には日本人双 方被害者を特定し支援を提供するよう要請する書簡を受け取った。現在の学長および理事 長は調査担当者に対して、学校側はこの問題に公的な方法で対処し、また被害者にサポ ートの提供を図る必要があるとの考えに至ったことを知らせた。2013 年 12 月に、理事会は Moyer の事件に関する緊急会議を執り行った。 • 2014 年 3 月 17 日、ASIJ は卒業生およびコミュニティに対して、Moyer に関する申立につい てメールを送付した。多くの人は当方に対して、この 3 月 17 日のコミュニティ宛の書簡では、 学校側が Moyer の不適切行為に関するこれまでの報告にどの程度気づいていたのかを正 確に反映していないとの意見を寄せた。現在の理事会の一部のメンバーは当方に対して、3 月 17 日のコミュニティ宛の書簡が送付された時点で、現在の運営者の一部が少なくとも 2011 年 12 月以降 Moyer の事件に気づいていたことや、前運営者および理事会のメンバー がそれ以前のことについてあらかじめ知っていたことは告げられていなかったと述べた。他 の理事会のメンバーはそれに同意せず、すべての情報を与えられていたとの考えを持って いる。現在の副学長は当方に対して、2014 年 3 月 20 日に調布警察署に出向き、Moyer に 対する申立について話をしたと述べた。この副学長はさらに、2014 年 3 月 28 日に、東京の FBI 代表者の手配により、警視庁との会合を行ったと報告した。この副学長は、この席で Moyer の事件について話をして、警視庁は今後刑事事件として対応する際の支援を申し 出たと報告した。 • 2014 年 4 月 10 日、現在の学長は、生徒の安全を保証するために学校側が行っている行動 について説明した、フォローアップのメールを保護者および卒業生に送った。この中で学長 は、現在ガイドラインおよび手続の見直しを行っており、新しいガイドラインおよび手続を ASIJ のコミュニティに公表する予定であると述べた。現学長はまた、学校側は今後、雇用前 の犯罪歴調査を義務づける予定であると述べた。2014 年 5 月 2 日に保護者および卒業生 に 対 し て 提 供 さ れ た 最 新 情 報 で 、 ASIJ は 学 校 の 方 針 の 見 直 し に 際 し て 、 Keeping Children Safe(訳者注:子供の安全を目的とした組織のネットワーク)の協力を仰いでいると 発表した。また学校側は、理事会が新規および現職を含む全教職員の犯罪歴調査を義務 21 ROPES & GRAY LLP づけたと述べた。2014 年 4 月および 5 月の期間中、少なくとも 4 名の卒業生が ASIJ 理事会 に直接連絡を取って、Moyer による虐待を明らかにした。2014 年 6 月、ASIJ 理事会は Ropes & Gray と、本調査実施の契約を交わした。 IV. 他の ASIJ の教職員に関する申立 当方の調査中、Jack Moyer 以外の ASIJ 関係者に関する申立もいくつか寄せられた。こういっ た申立は、行き過ぎた行為から性的不適切行為、噂や憶測を述べた個々の苦情まで様々であった。 当方はこういった申立のほとんどについて、情報不足のため確証を得ることはできなかったが、念のた め申し添えるに、現在の生徒に対するまたは現在の ASIJ 教員による虐待に関連した申立はなかった。 当方が Jack Moyer 以外の ASIJ 教職員に関して調査期間中に受領した報告(単に噂や憶測を述べた ものを含む)については、適切に学校のファイルに文書として保存できるよう、その情報を理事会に提 供した。以下は、当方が直接に、あるいは多くの者から間接に受領した 4 つの特定の事例に関する情 報の要約である。 当方では、元教員による性的不適切行為について直接的な報告を受けた。元教員は、その結 果解雇された。 当方はまたある卒業生から、1970 年代に高等学校の教員の「犠牲になった」という直接の 申立を受けた。ああああああああああああああああああああああああああああああああああああああ あああああこの卒業生は、教員の行為についてその当時両親に話し、両親は校長(既に死亡して いる)と面談したと報告している。この卒業生は、当方のインタビューの要請には応じなかった。こ の不適切行為に関与したとされる教員は、1980 年代に ASIJ を退職している。この申し立てられ た事件または申し立てられた卒業生の両親との面談に関する記載は、その教員の人事ファイルを 含め学校側の書類の中には見当たらなかった。 当方はまた、被害者からの直接の申立てではないが、他の元教員が、行き過ぎた身体的な接 触から性的不適切行為に及んだというケースの報告を受けた。1980 年代中盤から 1990 年代初めまで 勤務したある元教員による行き過ぎた行為に関して多くの情報が寄せられた。少なくとも 1 名以上の元 教員および元職員が、この教員による不適切な振る舞い(生徒の背中を撫でる、生徒を膝の上に座ら 22 ROPES & GRAY LLP せる、生徒の手を握るなど)について当時の中等学校校長に知らせたと報告した。当方が得た情報に よると、この教員は依願退職をさせられたとみられる。 最後に、当方では、ある現 ASIJ 教員が ASIJ に勤務する以前に不適切な行為に関与していたとの 報告を受けた。この教員は ASIJ での勤務を開始した後に、1990 年代後半の前職在籍期間中において 高等学校の生徒と適切な教師・生徒関係を維持していなかったとして、米国の州行政委員会より譴責 処分を受けていた。行政委員会は、この教員が生徒個人に対し不適切な興味を示し、また自身の上司 に対して、生徒が自分に恋愛感情を抱き始めていることを報告しなかったと判定した。この問題の教員 は、ASIJ に 10 年以上勤務している。あああああああああああああああああああああああああああああ あああああああああああああああああああああああああああああああああああああああああああああ あああああああああああああああああああああああああああああああああああああああああああああ ああああああこの教員についての ASIJ での勤務中の、または ASIJ の生徒が絡んだ申立はなかった。 V. ASIJ の方針と手続 A. 過去の方針 インタビューおよび資料によると、学校側は、明確に性的虐待について触れた書面化された具 体的な方針を近年まで作成していなかったとみられる。以下に記載するのは、学校側のこれまでの方 針の変遷に関する時系列的な分析である。 1. • • • 2004 年以前の方針 1964 年に当時の学長が一連の方針を作成するまで、方針書、生徒ハンドブック、教員用マニ ュアル、カリキュラムのシラバス、またはスタッフ用業務方針は存在しなかった。 その後数十年の間掲げられた人事方針には、懲戒処分や解雇の理由についての記載があり、 その中には「モラルに反する行為」、学校に対して「有害な」行為、および犯罪行為が含まれて いたが、性的虐待については明示されていなかった。 この頃の生徒および保護者向けハンドブックは、安全な環境を作り維持することや虐待の申立 に対応することを目的とした特定の条項よりも、むしろ生徒の振る舞いや規律に焦点を当てた ものであった。 2. 2004 年以降の方針の強化 • • • 2004~2005 学年より、高等学校の生徒および保護者向けハンドブック、中等学校の生徒およ び保護者向けハンドブック、および初等学校の生徒および保護者向けハンドブックに、セクシ ャル・ハラスメントの報告および取扱いに関する手続が記載された。これらの手続は現在も有効 である。 この改訂は、Jack Moyer の虐待に対する学校への申立報告に対応して行われた。この時期に、 学校側はセクシャル・ハラスメントに関して、教師向けの臨時のワークショップや、生徒向けの集 会を主催した。セクシャル・ハラスメントおよび性的虐待は、第 7 学年および第 8 学年の保健カリ キュラムのテーマとなった。 生徒および保護者向けハンドブックには、セクシャル・ハラスメントに関する手続として、セクシ 23 ROPES & GRAY LLP ャル・ハラスメントは日本では違法であり、本校の従業員、契約労働者、ボランティアまたは生 徒が、従業員候補もしくは現従業員、契約労働者、ボランティアまたは生徒に対するセクシャ ル・ハラスメントに関わらないようにすることが学校の方針であると明記している。 • この手続の規定では、ある従業員または生徒がセクシャル・ハラスメントの被害者であると疑うよ うな理由が存在する場合には、校長、事業担当部長、または学長に口頭での報告を直ちに行 うこととしている。報告を行った個人またはグループには、セクシャル・ハラスメント報告書式に 記入し、書面による報告をなすことが求められる。校長または副学長は、学長と協力して、申立 の調査のためにどの様な対策を採るべきかを決定する。取るべき対策としては、告発を受けた 者との面談、告発者との面談、告発の文書化、法律家との相談および(または)懲戒処分の実 施などが挙げられる。 • 2012 年 11 月に理事会は、人事方針に専門家行動規範を追加した。この規範は、セクシャル・ハ ラスメントまたは類似の行為は懲戒処分の理由となるとし、懲戒処分には口頭または書面による 警告、保護観察、書面による説明を行っての減給あるいは無給での停職、および懲戒解雇が含 まれることを明記している。 B. 現在の生徒保護に関する方針 2013~2014 学年の期間中、ASIJ は生徒の安全方針およびカリキュラムの一部改定を行った。 ASIJ は日本の非営利組織である Tokyo English Life Line(TELL)と契約して、運営者に対して虐待 の認知および報告の方法に関するプレゼンテーションを実施した。TELL は 2014 年秋に学校のカウン セラーと一緒に、類似のワークショップを中等学校および高等学校の生徒、生徒の保護者および教員 向けに実施した。これらのワークショップとトレーニングは毎年運営され、生徒保護チームと呼ばれる委 員会により、監督が行われる予定である。 学校側はまた、アフリカ・インターナショナル・スクール協会が発行した類似の方針を概ね踏襲 した、新たな生徒の保護に関するハンドブックを発表した。このハンドブックは、本報告書の付録 B に含まれている。さらに学校側は 2014 年春に、「生徒保護ガイドライン - 教員・職員」と題する文書を 卒業生および保護者に公表した。このガイドラインは、理事会の方針の一部として現在も有効である。 生徒の保護に関するハンドブックは詳細に定められており、安全な学校環境のための主な 要素について触れている。この主な要素としては、虐待の疑いの認知、報告および調査のための方針、 教職員および生徒と定期的に交流がある他の成人のためのガイドライン、虐待防止および教職員の 意識向上のための必須トレーニング、1 学年から 12 学年までの生徒のためのその発達に応じた適切な 生徒保護カリキュラム、保護者のためのトレーニングおよび教育、方針に違反した教職員の文書化と 懲戒および日本の法律で求められている児童虐待が疑われる事例の司法当局への報告を含め、発 覚した性的虐待事件への対応が含まれている。 この新しい方針および手続の一環として、ASIJ は、教職員の犯罪歴調査を実施すると発表し た。学校の運営者は当方に対して、ミネアポリスの民間調査会社である McDowell Agency が、一部 の外注業者を除き全ての現従業員および新規採用予定者の犯罪歴調査を実施したと報告した。学校 側はまた、ASIJ サマーデイキャンプに参加する全成人カウンセラーの経歴調査を開始したと当方に報 告した。 ASIJ はまた、外部の児童保護組織およびコンサルティング組織である Keeping Children Safe(「KCS」)と協力して、同校の方針の評価を行っていると発表した。学校側は作成した自己評価お 24 ROPES & GRAY LLP よび方針資料を検討のために KCS に提出していたが、2015 年 3 月 30 日に KCS よりレベル 1 認証を 受けた。レベル 1 認証は、実施されれば児童生徒を害悪から保護し、また事件が起こっても学校側が 適切な対応を取れるような保護の枠組みを ASIJ が設定したことを、KCS が保証したことを意味する。 KCS はまた、レベル 2 の基準も設けており、認証には保護の枠組みが実際に適切に運営されていると の査定が求められている。。当方は現在の運営者より、ASIJ が KCS のレベル 2 認証取得に向けたプ ロセスを経る決定をしたとの連絡を受けた。 当方には、内部ガバナンスと理事会へのおよび理事会内部でのコミュニケーションに関する懸 念も多数寄せられた。すなわち、どの段階でどの程度理事会全員と学校の評議員に虐待の申立に関 連した懸念事項を相談すべきかという懸念である。当方は、これらの懸念について検討してもらうため 理事会に報告した。理事会は、最近の出来事をきっかけとして、生徒の保護に関する問題については より高い透明性が必要であることが浮き彫りにされたとの認識に立っている。。当方は、理事会が、性 に関するいかなる問題についても、今後理事会の全員が注意を払うべきとの決断に至ったものと理解 している。 VI. 結論 A. Jack Moyer 当方が調査した全ての証拠に照らして、当方では、Moyer が連続小児性愛犯罪者であり、 ASIJ の女子生徒に性的な虐待を加えていたことは明らかと考える。上述のように、Moyer による不適 切行為を当方に申立てた被害女性の多くは、当時自身の経験を ASIJ の誰にも報告しなかった。多く の女性が当方に対して、沈黙を続けたのは、恐怖、羞恥または当惑の気持ちが一因であったと述べた が、これは当方の経験上、虐待を受けた被害者にはめずらしいことではない。にもかかわらず、インタ ビューに応じた一部の女性はその当時や発生後それほどの時を経ずに、ASIJ の運営者に虐待につ いて通知したと報告しており、また一部の女性はさらに、家族や元クラスメートからそれを裏付ける陳述 を提供した。そのほとんどについて、報告の記録を作成し、あるいは学校に保管するということは、され ていないようである。上述のとおり、当方では現在も存命である当時の学校運営者に対し、これらの申 立に対してコメントする機会を提供した。学校運営者は、申し立てられた報告を否定し、あるいは報告 者とは大きく異なった記憶を述べた。当方では、特に、報告と同時期またはその後の文書が存在しな いこと、時間が経過していること、報告を受けたとされている過去の複数の学校運営者が既に亡くなっ ていることから、このような記憶の矛盾を解消するのは難しいと考える。 これらの記憶の矛盾を正すことはできないものの、総合して考えるに、申し立てられた報告の 25 ROPES & GRAY LLP 多さは、少なくとも Moyer の不適切な行動について長年にわたり警告が発せされていたということを示 している。現在および以前の理事会メンバー、運営者、教職員および卒業生とのインタビューを含めた 当方による証拠の検討から、こういった警告に対する学校側の認識及び対応が不適切であったのは、 (i)ある学校運営者から次の学校運営者への、引継ぎ、文書化および情報共有が行われていなかった、 (ii)性的虐待の申立に対応するための組織的なな方針および手続が長年存在しなかった、(iii)全体 として子供に対する性的虐待の問題への意識や配慮が長年欠けていた、そして(iv)性的虐待を語る ことをタブーとして取り扱う文化的な傾向があった等、様々な要因が原因であるように思える。 当方の評価では、こういった要因が原因となって、Moyer を追及し、Moyer に学校との関わり を絶たせ、申立を司法当局に報告し、被害者に手をさしのべる機会を失わせる結果となった。現在の 理事会のメンバーの多くは、今回の調査・報告を依頼することにより、学校の歴史におけるこの厳しい 時について ASIJ コミュニティのメンバーが求める透明性が確保されることを希望していると述べてい る。 B. 方針、手続および提言 ASIJ は、生徒の安全に関する同校の方針および手続の強化に向けて取り組んでおり、現在は、 詳細な生徒保護方針およびハンドブックを定めている。これらの方針および手続をより向上させるべく 求められる継続的な努力の一環として、当方は、いくつかの追加の改善措置を提言する。学校側は現 従業員、ASIJ サマーデイキャンプの成人カウンセラーおよび新規採用予定者(一部の外注業者を除 く)の犯罪歴調査に関して民間の調査会社を採用し調査したが、当方では、現教職員の経歴調査を 定期的に実施することを提言し、現在学校はその実現のため計画中である。 当方ではさらに、全ての性的不適切行為の申立報告に対応するにあたっては、生徒の保護お よび安全への配慮が学校側の最優先かつ重大な課題であり続けること、および近年改定された書面 化された方針および手続が厳格に遵守されることを保証するよう、学校側が一段と努力することを提言 する。その一手段として、当方は、学校側が引き続き、現在計画中のレベル 2 監査および認証を含め、 Keeping Children Safe(KCS)と協力して作業を進めるよう提言する。この監査および認証は、現在の 方針が必要な場合には改良され、またさらに重要なことだが、実際に一貫性を持って現場で実行され ることを保証するものである。 学校の運営者が、説明責任と意思決定の透明性を確保することなく、個々の運営者に生徒の 保護の問題を取扱う権限を集中させないことも、改善すべき点のひとつである。説明責任と透明性の 確保の一環として、調査を報告するため、そして運営者間でのあるいは、ある学校運営者から他の学 校運営者への、引継ぎと情報共有を保証するため、性的虐待の申立についての完全かつ正確な記録 が保持されなければならない。最後に、必要な場合にはいつでも、日本の法律に沿って性的虐待の申 立報告を適切な政府当局に報告することが最も重要であることを付言しておく。 当方では、これらの追加の改善措置が、ASIJ における生徒の安全と生徒保護の文化を確立す るための持続的な取り組みの礎となることを希望する。 26 ROPES & GRAY LLP 付録 A. - 書類の検討方法 Ropes & Gray は調査の過程で 26,000 点以上の書類を収集、検索、検討した。これらの中には、調布 キャンパスから集められた書類、ASIJ 職員が管理する記録用の CD、OC&C 法律事務所からの提出 書類、そして個人から受け取った電子メールや書類が挙げられる。これらは 1960 年代から 2015 年まで の書類であり、以下のようなものが含まれるがこれに限られない: アメリカンスクール・イン・ジャパン関係者すべてに関する性的不適切行為の申し立てについて の書類 Jack Moyer の人事ファイル、また性的不適切行為の申し立てがあった教職員の人事ファイル 三宅プログラムに関する書類 1963 年から現在に至る学校のイヤーブック(文集) 過去から現在に至る生徒の保護・安全に関するきまりに関する書類(採用、雇用前調査、職員 及びボランティアへのトレーニング、生徒に対する虐待防止教育などに関するものが含まれる) 学校教職員による性的不適切行為に関する、学校、生徒、もしくは卒業生による、法的機関へ の報告に関する書類 学校教職員による性的不適切行為に関する、生徒もしくは卒業生と学校とのやりとり 学校教職員による性的不適切行為に関する、教職員、生徒もしくは卒業生からの申し立てに 関する理事会の議事録 学校教職員による性的不適切行為に関して学校が以前に行った調査に関する書類 集められた書類の検討を行うに当たり、Ropes & Gray は Jack Moyer のものを含め 75 以上の人事フ ァイルとその他の重要書類のすべてを検討した。そして、残りの書類に関しては、性的不適切行為の 申し立てまたはに関連する書類をもっとも効率的に特定するために、キーワード検索により対象を絞っ て調査した。こうした検索は学校の過去の規則等を探し出す際にも使われた。 Ropes & Gray に報告されたところによると、アメリカンスクール・イン・ジャパンには正式な書類保管規 則などはない。そのため、調査対象の年代の電子メールや書類の中には無くなっているものもある。 Ropes & Gray の調査は、調査の依頼を受けた日に学校の管理下にあった書類に限定されている。 また、学校から報告されたところによると、現存の電子メールシステムの構築上、システムすべてに検索 をかけることは不可能であった。それにより、Ropes & Gray の調査は学校関係者から自主的に提出が あった電子メールやその他電子データに限られる結果となった。 27 ROPES & GRAY LLP 付録 B. - 生徒の保護に関するハンドブック(英語のみ) 28 student protection handbook cover image by Zoe Mack ‘18 Contents Executive summary Executive summary 2 Context of the ASIJ Community 3 Responsibilities for reporting and realities of child abuse 3 Definition of terms, signs and symptoms of abuse 4 Elements and overview of a comprehensive program 6 ASIJ student protection policy and guidelines 8 Background screening, student protection agreement 11 Reporting sexual abuse and next steps 12 Preparing for documenting a student/other disclosures 1. Recognizing, responding to, and reporting allegations and suspicions of child abuse or neglect. 14 2. Screening and selecting faculty and staff. Flowcharts for reporting and actions after disclosure 15 Student protection team (SPT), student curriculum models 17 Parent education 17 Addenda Addendum A: student protection agreement 18 Addendum B: student protection reporting form19 2 ASIJ has both a moral and legal responsibility to safeguard the welfare of our students. This is a collective effort on the part of our community. This handbook sets forth the steps our faculty, staff, students and volunteers are required to take to minimize the threat of student abuse in our school and to respond promptly and effectively should abuse be observed, suspected, or disclosed. Following are components of a comprehensive, student protection program. 13 Identifying/reporting/documenting suspected abuse and case management team (CMT) Student protection is a serious issue worldwide and one that The American School in Japan (ASIJ) takes seriously. In addition to the abuse that is reported, it is estimated that much abuse is underreported either because the victims are afraid to tell anyone what has happened, or because the adults who observe or suspect the abuse are unsure of what to do. 3. Training and education about child sexual abuse prevention. 4. A student protection agreement that guides interactions between adults and students. 5. Ensuring safe environments and practices. 6. Connecting to local authorities and resources. Our goal is to build and maintain a proactive environment that protects all students by first attempting to prevent student abuse before it happens, and second ensuring its earliest possible detection, intervention and reporting in the unfortunate event it should happen. Our strategy is to ensure that ASIJ faculty, staff, students and parents understand the issues of child abuse; know how to recognize its signs and symptoms; are familiar with reporting procedures; and know the responsibilities of mandated reporters, including how, when, and to whom to make a report. ASIJ strives to have policies, procedures and training in place so that if child abuse is suspected, observed, or disclosed to any member of the ASIJ community, that person will have the knowledge, information and resources necessary to make sure that the student is safe, the situation is communicated promptly and effectively, and that the suspicion or incident is reported to the appropriate authorities. Context of the ASIJ community Abuse often occurs against a background of secrecy, insularity, isolation and limited access to support resources. These factors may be present in international school communities and members of the ASIJ community should be aware of them in order to better safeguard students. 1. Characteristics/attributes of international school students • Transience and mobility impact development of identity and relationships (especially for support in times of need). • Early maturity/sophistication vs. naiveté and immaturity in other areas. • Separation from extended families: working and travelling parents, and separation from long term friendships/relationships result in attachment issues and thus support during times of crisis or need may be minimal or non-existent. • Being caught between multiple and sometimes conflicting cultures and value systems result in confusion of behavioral expectations. • High expectations placed on students to achieve academically. 2. Characteristics of international school families • Impact of absentee parents. • Love/hate relationship with host country for expats. • Lack of control over critical life decisions: company decides where, when and how the family moves. Lack of stability. 3. Characteristics of international school communities • School takes on role as center of family life and often provides superficial relationships that cannot meet mental health needs. • Sense of being lost in diversity of community can cause further isolation. 4. Cultural dynamics of international school communities • Multiple norms rooted in different cultural traditions can cause confusion with regards to religious values, values of parenting, discipline, care-giving, sexuality, gender roles and responsibilities. • Varying degrees of openness rooted in cultural traditions. • Varying cultural attitudes toward gender issues and child development – different concepts of developmental needs through childhood. Responsibilities for reporting child abuse ASIJ has an obligation to be aware of and follow Japanese laws and reporting procedures if the school becomes aware of possible student abuse. The child guidance centers and the Japanese police are the legal authorities that receive reports and investigate potential student abuse cases from ASIJ. • Isolation from extended family and previous community for support. 3 Realities of child abuse 1. Research indicates that 90% of abuse is from domestic causes and is committed by individuals known to the child. International school communities tend to have families that move often and are separated from their extended families. When abuse is within the family, the transient life style increases the risk to international school students, who tend not to have access to outside resources, and therefore cannot get help. 2. Research indicates that developmentally appropriate education makes children more confident and able to react to dangerous situations. Teaching using a specific population context increases protective behavior. 3. Research-based programs prepare students to develop skills and attitudes to keep themselves safe from perpetrators and behaviors that include bullying, harassment and other forms of exploitation. 4. The reality is that there is no excuse for child abuse. No culture supports harming children. 5. Research shows that child abuse occurs in all racial, ethnic, socio-economic and cultural sectors of society. A common characteristic of an abusive family is isolation, such as that commonly found in our international school families who move often or are separated from their extended families. 6. International schools are bound by laws of the host country and must be knowledgeable and compliant with the student protection laws in the host country. Definition of terms Student protection: a broad term used to describe philosophies, policies, standards, guidelines and procedures to protect children from both intentional and unintentional harm. In this document the term “student protection” implies the protection of children in international schools. Please note that 4 this definition also includes self harm Student protection policy: a statement of intent that demonstrates a commitment to protecting students from harm (to self and from others) and makes clear to all what is required in relation to the protection of students. It serves to create a safe and positive environment for children and to demonstrate that the school is taking its duty and responsibility seriously. Student protection concerns include suspected, alleged, self-disclosed, or witnessed abuse of a student by anyone associated with or outside the school, which must be investigated and followed by appropriate action. According to the world health organization, child abuse constitutes, “all forms of physical and/or emotional ill-treatment, sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the child’s health, survival, development or dignity in the context of a relationship of responsibility, trust or power.” A person may abuse a child by inflicting harm, or by failing to act to prevent harm. Children may be abused in a family or in an institutional (e.g. school) or community setting; children may be abused by individuals known to them, or more rarely, by a stranger. Often children may experience multiple forms of abuse simultaneously, further complicating the problem. Most child abuse is inflicted by someone the child knows, respects or trusts. International school communities have unique characteristics of which school personnel must be aware in terms of the individuals who are around our children. School personnel should be knowledgeable of the potential reasons why children may not be able to talk about any victimization they might have experienced. Signs and symptoms of abuse Physical abuse may involve hitting, punching, shaking, throwing, poisoning, biting, burning/ scalding, drowning, suffocating or otherwise causing intentional physical harm to a child. (These symptoms could also indicate harm to self, such as cutting and suicide ideation). Signs of emotional abuse Signs of physical abuse • Showing delayed speech or sudden speech disorder • Bruises, burns, sprains, dislocations, bites, cuts • Improbable excuses given to explain injuries • Injuries which have not received medical attention • Injuries to the body in places that aren’t normally exposed to falls, etc. • Physical, mental and emotional development is delayed • Highly anxious • Fear of new situations • Low self-esteem • Inappropriate emotional responses to painful situations • Extremes of passivity or aggression • Repeated urinary infections or unexplained stomach pains • Drug or alcohol abuse • Refusal to discuss injuries • Compulsive stealing • Withdrawal from physical contact • Obsessions or phobias • Arms and legs kept covered in hot weather • Sudden under-achievement or lack of concentration • Fear of returning home or of parents being contacted • Chronic running away • Attention-seeking behavior • Showing wariness or distrust of adults • Persistent tiredness • Self-destructive tendencies • Lying • Being aggressive towards others • Being very passive and compliant • Chronic running away Emotional abuse is the persistent emotional ill-treatment of a child so as to cause severe and adverse effects on a child’s emotional development. It may involve: conveying to children that they are worthless or unloved; that they are inadequate or valued only insofar as they meet the needs of another person; age or developmentally inappropriate expectations being imposed on children; causing children frequently to feel frightened; or the exploitation or corruption of children. Some level of emotional abuse is involved in all types of ill-treatment of a child, though it may also occur alone. Sexual abuse involves forcing or enticing a child to take part in sexual activities, whether or not the child is aware of what is happening. Activities may involve physical contact, including penetrative (i.e. rape) or non-penetrative acts. They may include non-contact activities, such as involving children in the production or viewing of pornographic material or encouraging children to behave in sexually inappropriate ways. Children involved in commercial sex work are victims of sexual abuse, whether they perceive themselves as victims or not. Signs of sexual abuse • Pain or irritation to the genital area • Vaginal or penile discharge • Difficulty with urination 5 • Infection, bleeding • Sexually transmitted disease (STD) • Fear of people or places • Aggression • Regressive behaviors, bed wetting or stranger anxiety • Excessive masturbation • Sexually provocative behaviour Elements of a comprehensive program At ASIJ, we have a Student Protection Team (SPT) that consists of a counselor and administrator from each division, the school nurse, and the deputy head of school or business manager. This team ensures that ASIJ has an up to date and comprehensive, pro-active approach to student protection that includes: • Stomach pains or discomfort walking or sitting 1. Policies and procedures for student protection • Being unusually quiet and withdrawn or unusually aggressive • Codify the safety framework • Suffering from what seem physical ailments that can’t be explained medically • Showing fear or distrust of a particular adult • Announce pre-employment/volunteer screening • Identify mandatory training requirements (i.e. annual training) • Mentioning receiving special attention from an adult or a new “secret” friendship with an adult or older student • Articulate the reporting protocol • Refusal to continue with school or usual social activities • Rules for school, classroom, interpersonal safety • Age inappropriate sexualized behavior or language • Identify who is expected/required to report and to whom In addition to knowing the signs of victimization, below are some early warning signs to look out for in potential offenders: • Procedures for support of teacher and parents • Step-by-step instruction with flow chart • Procedures for case when school personnel are accused of abuse Signs of offenders • Articulate parent training • Has “favorite” student • Set up support network • Attempts to find ways to be alone with children 2. Screening and criminal background checks • Inappropriate language, jokes and discussions about students • Written application/statement of suitability • Sexualized talk in the presence of students • Credential check • Gives private gifts or has private chats on Facebook/internet • Reference check • Criminal history background check • Sex offender registry 6 3. Student protection agreement and an awareness of power differential and the responsibility to maintain appropriate boundaries 6. Community partnership resources • Use of discretion when touching children Chofu: Tama • How to handle one-on-one meetings • TELL – counseling • Prohibition against smoking, drinking, profanity, sexual innuendo or jokes around students • Tokyo Metropolitan Police – reporting • Use of social media, text, email • Compliance with reporting policies/protocols • Must be read by all current/potential employees and signed to acknowledge receipt • Local children’s guidance centers – reporting ELC: Shinjuku • US Embassy – psychiatric • FBI – legal 7. Measurement, analysis, self-audits • Compliance and quality/effectiveness • Annual self-audit assesses the basics 4. Education and training for the three major populations in ASIJ • Analysis of policies and procedures every three years • Teachers – awareness, types, signs/symptoms, prevention, policies and laws, reporting process, student curriculum, local authority and resources • Continuous quality improvement • Effectiveness and measurement • Students – age appropriate personal safety/ abuse prevention training for all grade levels based on core elements and evidence-based practices • Parents – school safety goals and objectives, how to talk with their children, local authority and resources available. 5. Student protection teams • Set the schedule for lessons and other student protection tasks for the school year • Keep up-to-date research on best practices • Provide a group and venue o support teachers where concerns can be discussed for suspected maltreatment t • Can address teacher reluctance to report • Can conduct internal audit 7 The American School in Japan Policy for the Protection of Students Grounded in school commitment to be a safe haven Policy linked to local law Components Recognition of signs and symptoms of abuse Safe environment practices Definitions and indicators of types of abuse: physical, emotional, sexual, neglect Handling disclosures School Student Protection Team Administrator Guidance Counselor Responding to disclosures Business Manager Reporting procedures Deputy Head of School Others Training and education Students: All grades, developmentally appropriate Adults: Faculty, staff, volunteers, parents When necessary, ad hoc response team, Student Protection Case Management Case review Elements of personal safety Distinguish safe/unsafe touch Rules about touching private parts (say no, get away, tell someone) Identify trusted network 8 Supports and monitors implementation Assessment and evaluation Monitors compliance Screening: pre-employment best practice Background screening Interview Criminal history check Reference check ASIJ student protection policy # 4170 It is the goal of The American School in Japan to maintain a school environment for all students free from abuse. No ASIJ employee may engage in any activity constituting abuse. ASIJ employees must report to the head of school, deputy head or division principal any suspected abuse either in or out of school. Abuse is described as inappropriate behavior of an adult toward an ASIJ student. The following factors will be considered when determining whether abuse happened or not: 1. Physical abuse – physical injury inflicted by other than accidental means upon a student by another person including willful cruelty or willful infliction of pain. 2. Sexual abuse – sexual assault or exploitation of a student. 3. Emotional abuse – this includes the use of threats, intimidation, acts of injustice or indignity by verbal or physical means. Prevention of student abuse 1. ASIJ will not hire staff that have a record of abuse. Background checks will be part of the hiring process for employees. Applicants for ASIJ positions will agree in writing with the terms of this policy as part of the contracting process. 2. Abuse prevention and awareness training is mandatory for ASIJ faculty and staff. 3. ASIJ will develop and maintain guidelines for faculty and staff to address the prevention, reporting and investigation of student abuse. Guidelines for faculty /staff for the protection of students It is the goal of The American School in Japan to maintain a school environment free from abuse for all students. No ASIJ employee may engage in any activity constituting abuse. It is intended that this policy will apply to all employees of ASIJ. The head of school, deputy head and division principals will also, as appropriate, endeavor that outside contractors or volunteers who act in a teaching or supervisory role with students are made aware of and follow these guidelines. ASIJ employees must report to the head of school, deputy head or division principal, or counselor any suspected abuse either in or out of school. Abuse is described as inappropriate behavior of an adult toward an ASIJ student. The following factors will be considered when determining whether abuse happened or not: 1. Physical abuse – physical injury inflicted by other than accidental means upon a student by another person including willful cruelty or willful infliction of pain. 2. Sexual abuse – sexual assault or exploitation of a student. 3. Emotional abuse – this includes the use of threats, intimidation, acts of injustice or indignity by verbal or physical means. Preventive steps and regulations 1. ASIJ counselors abide by the American School Counselor Association (ASCA) code of ethics and all ASIJ policies on reporting of suspected abuse. 2. ASIJ will foster a climate of “freedom to tell” with the recognition that abuse could take place at ASIJ. 3. ASIJ employees are required to inform the head of school, deputy head of school or division principals of any violations of the above policies and regulations that they observe or otherwise have a reasonable basis to suspect. 4. Abuse prevention training is mandatory for ASIJ faculty and staff annually. 5. ASIJ employees should never use phone calls, texting, social media, emails, or similar 9 technology to communicate with students in ways that are outside their professional relationship with students. 6. ASIJ employees should not be socializing with students off campus without approval of the student’s parents. 7. If an ASIJ student other than an ASIJ employee’s own child/legal guardian is living in an employee’s home, the head of school should be notified. 8. School sponsored overnight trips will have male and female chaperones when both girls and boys are on the trip and at least two chaperones for overnight trips, unless approved by the division principal. 9. ASIJ employees should be very cautious concerning counseling students about sensitive issues. If such conversations are occurring, a counselor should be informed. Counselors, too, should seek consultation as required by the ASCA code of ethics. 10. Any report of abuse, risk to a child, or inappropriate relationships between a member of staff and a student should be reported to the head of school, deputy head, or division principal. See “reporting sexual abuse and next steps,” page 12. 11. ASIJ employees should never agree to or suggest that confidential discussions be kept from school officials or parents when involving potential abuse. Discovery and reporting 1. All ASIJ employees share a collective responsibility for the safety of ASIJ students. 2. All employees are mandated to report suspected abuse to the head of school, deputy head or divisional principal. See “reporting sexual abuse and next steps,” page 12. 3. Reports should be made as soon as possible after observing or reasonably suspecting abuse. 10 4. Reasonable suspicion is described as a person being reasonably objective to entertain suspicion, based upon facts that could cause a similar person of similar experience and training to suspect abuse of a student. 5. No person at ASIJ making a report in good faith will be penalized by the school for making the report. 6. The school will report any suspected child abuse to Japanese authorities as required by law, pursuant to Article 5 of the Child Abuse Prevention Act. Investigation 1. Other than as required to investigate allegations or fulfill legal obligations, care must be given to protect the alleged victim(s), the alleged perpetrator(s), and the reporter by restricting information access to those who need and have the authority to know. 2. Principals or counselors will forward reports to the head of school, or to the deputy head if the head is implicated, who will contact the board chair. 3. ASIJ employees who are involved in or accused of abuse will immediately be removed from any contact with students and the situation will be quickly and thoroughly investigated by the school administration. 4. The head of school will determine who will lead the investigation. The investigator will conduct a prompt, confidential and thorough investigation to determine whether reasonable grounds exist to believe that abuse occurred. A written report will be submitted to the head of school. Consequences 1. If the investigation indicates that reasonable grounds do not exist to support allegations of abuse, a statement to that effect will be given by the head of school to the ASIJ employee in question. 2. ASIJ employees who violate any of the regulations above will, at a minimum, be officially reprimanded in writing. This will take place in a meeting involving the head of school, or deputy head and divisional principal. The first offense may lead to immediate termination depending on the circumstances. 3. If inappropriate behavior did exist but does not constitute abuse, the perpetrator will be subject to appropriate disciplinary consequences. 4. If the investigation indicates that reasonable grounds do exist to believe that abuse has occurred, the head of school will submit a copy of the report to the board chair. 5. The head of school will determine suitable disciplinary action, which could result in termination of employment. Legal action by the Japanese police is also a possible consequence outside the purview of these regulations. Background screening and criminal record checks The first and most effective means of preventing student abuse is screening out potential abusers before they come to ASIJ. All faculty and staff whose employment involves direct contact with and or unmonitored access to children will be given background checks, including review of criminal and sexual offender records. The elements of an ASIJ background check are as follows: • A written application and a “statement of suitability” requiring a signature stating that the applicant knows of no reason or prior circumstances that would preclude him/her from working safely with students. • A personal interview. • Credentials check (depending on position). • Criminal history background check. • Sex offender registry check where possible. • Published procedures as to how and by whom criminal history records will be reviewed and evaluated with criteria for disqualification. • A statement that all background screening accomplished by or on behalf of ASIJ will comply with relevant privacy laws. • ASIJ also reserves the right to conduct background tests at any time after employment. • Any misrepresentations, falsifications, or materials omissions in the information provided by the applicant, whenever discovered, may result in termination of employment. Student protection agreement with employees ASIJ is committed to the safety and protection of children. This student protection agreement applies to faculty and staff who represent the school and who interact with students in both a direct and/or unsupervised capacity. The public and private conduct of faculty and staff acting on behalf of ASIJ can inspire and motivate those with whom they interact, or can cause great harm if inappropriate. We must, at all times, be aware of the responsibilities that accompany our work. We should be aware of our own and other people’s vulnerability, especially when working alone with students, and be particularly aware that we are responsible for maintaining physical, emotional and sexual boundaries in such interactions. We must avoid any covert or overt sexual behaviors with those for whom we have responsibility. This includes seductive speech or gestures as well as physical contact that exploits, or harasses. We are to provide a safe environment for students at ASIJ. We must show prudent discretion before touching another person, especially students and be aware of how physical touch will be perceived or received, and whether it would be an 11 appropriate expression of greeting, care, concern or celebration. ASIJ personnel are prohibited at all times from physically disciplining a child. communication, including social media and text messaging ,to communicate with minors may only do so for activities involving school business. Physical contact with students can be misconstrued both by the recipient and by those who observe it, and should occur only when completely nonsexual and otherwise appropriate, and never in private. One-on-one meetings with students are best held in a public area – in a room where the interaction can be observed – or in a room with the door left open. Classroom windows should not be covered. See Addendum A: Student Protection Agreement We must intervene when there is evidence or reasonable cause to suspect, that a student is being abused in any way. Suspected abuse must be reported to the appropriate school authorities as described in ASIJ’s student protection policy. Faculty and staff should refrain from the illegal possession of drugs at all times, and from the use of tobacco products and alcohol when in the presence of students. Faculty and staff should never buy alcohol, drugs, tobacco, videos or inappropriate reading material to give to students. Faculty and staff members should not privately accept gifts from, nor give gifts to students without the knowledge of their parents or guardians and an administrator. Communication with students is governed by the key safety concept of transparency. The following steps will reduce the risk of private or otherwise inappropriate communications between faculty/ staff and students: • Communication between ASIJ faculty/staff and students that is outside the role of a professional relationship is prohibited. Reporting sexual abuse and next steps It is obligatory for faculty/staff and administrators to report incidents of sexual abuse or physical/ psychological harassment immediately or within 24 hours, to a school counselor or divisional administrator who, in turn, shall inform the principal. The principal shall inform the head of school when an ASIJ employee is the alleged perpetrator. Students are encouraged to report incidents for which they themselves or others may be the victims. Reporting by students may be verbal, or in writing, and shared with any school employee, who, in turn, shall communicate this information to a school counselor or administrator. The counselor and principal gather information and provide written documentation including date, person or persons involved, and any additional relevant information. If they determine there is reasonable cause to believe child abuse has occurred, the head of school is notified and a case management team (CMT) is formed; the CMT follows the steps noted in these guidelines, documenting all aspects of the investigation and resulting actions. Such actions include, but are not limited to, one or more of the following: • Conference with students involved • Parent notification • Meeting with parents • Where possible, email exchanges between an ASIJ faculty/staff member and student are to be made on a school email address • Meeting with others pertinent to the case, including the alleged perpetrators • Electronic communication that takes place over a school network may be subject to monitoring. • Mandatory counseling sessions • Faculty/staff who use any form of online 12 • Psychological assessment • Legal action • Suspension or termination of employment • Required faculty/staff training and procedures for handling disclosure in order to protect the integrity of what the child is disclosing • The roles and responsibilities of the administration, faculty/staff to report and react to suspected, observed or disclosed abuse • A timeline for response • Procedures for investigating the suspected, observed or disclosed abuse • The possible actions that will address the confirmed cases of abuse • A flow chart of steps to be followed after disclosure Preparing for a student’s disclosure interruptions. Determine: What happened? Where? When? Who? Respond calmly and matter-of-factly. Even if the story that the student tells you is difficult to hear, it is important not to register disgust or alarm. Do not: • Let a student swear you to secrecy before telling you something you may need to report (which the student will view as breaking trust). • Lead the student in telling…just listen, letting him/her explain in his/her own words. • Pressure for a great amount of detail. • Make judgmental or disparaging comments about the abuser – it is often someone the student loves or with whom he/she is close. • Make promises to the student that things will get better. • Confront the abuser. Adults working with children must understand and know how to respond appropriately to disclosures from students, knowing that it is often very difficult for children to disclose abuse. Students often cannot easily talk about an abuse problem because they may: Respect the student’s confidence. Share with a counselor or administrator, but limit information to other staff. Explain to the student that you must tell someone else to get help. Try to let the student know that someone else also will need to talk with him/her and explain why. 1. Try to “forget” in order to cope If the student does not want to go home, this should be considered an emergency. Report to a counselor immediately. 2. Worry they will lose the love of their parents or friends 3. Fear the shame of abuse or getting in trouble for telling (especially older children) 4. Fear they will be blamed as adults tend to be believed more than children 5. Be under threat by the offender to harm them or their family Understanding these fears of disclosure will help you in your response. Assure them that they are not to blame for the abuse. If a student asks to speak with you, find neutral setting where you can have quiet, and few Other general disclosure guidelines Reassure the person that they were right to raise the concern and that it will only be shared by you with a counselor. Write down the basic information, in the person’s words if possible, report it and address health and protection needs. Inform him/her that you will provide feedback on what happens. 13 Identifying, reporting and documenting suspected abuse Case Management Team (CMT) The administration will provide annual training in identifying and reporting suspected student abuse for all faculty/staff who work directly or indirectly with students. When there is an allegation of abuse, the school will endorse the CMT to respond to that specific allegation. The team will consist of the following individuals: School policy regarding management and disclosure of documentation of reported abuse cases will be guided by student protection, confidentiality and Japanese law. The following information will require documentation: • The individual (if adult) reporting the case • Confidentiality agreement for faculty/staff involved in a case • Minutes of student protection team meetings including decisions and actions recommended • Case reporting form compiled by counselor which includes: O reporter’s relationship to the victim O student’s name, gender, age, address O information on parents. O information about the reporter and school. O nature and extent of abuse. O how reporter became aware of abuse O description of action taken. O other information that may be helpful. O name of perpetrator, prior evidence, etc. information about the cause and those responsible. O • If it is determined that the case warrants making a report to local authorities, this report should also be documented. 14 • Counselor • Division level principal • Division level administrator or other designee as determined by head. • Nurse, if appropriate • Depending on case, local resources The purpose of this ad hoc team is to manage a case of abuse. The team will gather needed information to determine next steps: handled by the school, reported to outside authorities, etc. Flowcharts for reporting and actions after disclosure Where there is cause to suspect student abuse, it is the responsibility of the staff member to report their suspicions to the counselor, or divisional administrator. In all cases, the principal will be notified. It is the responsibility of the principal to inform the head of school of a suspected case of student abuse by an ASIJ employee. All staff, faculty and administration are mandated to report incidences of abuse. All ASIJ employees are also required to report suspicion of abuse or neglect. All reports of abuse and neglect must be made to a counselor or administrator within 24 hours for immediate response. Administrators are responsible for informing the reporting adult of the outcome of the report of suspected abuse. Student Disclosure Reporting Chart Disclosure Teacher Counselor Administrator Reasonable cause? No Yes No further investigation Parents contacted as appropriate Follow-up with reporting adult Inform Head of School Student works with couselor CMT formed Outside referral for support and/ or counseling as appropriate Follow-up with reporting adult Support student and investigate Report to authorities Contact employer if appropriate CMT (Case Management Team): Reporting Adult, Divisional Counselor, Divisional Principal, Divisional Administrator (as approved) and School Nurse (as appropriate) Liaise with parents as appropriate Contact Embassy or Consulate as appropriate School counselor (School) support for child and family Family meeting 15 Student Disclosure Reporting Chart (ASIJ employee involved) Disclosure Teacher Counselor Administrator + Head of School Reasonable cause? No Yes No further investigation Parents contacted as appropriate Follow-up with reporting adult Inform Head of School Student works with couselor CMT formed Outside referral for support and/ or counseling as appropriate Follow-up with reporting adult Support student and investigate Report to authorities CMT (Case Management Team): Reporting Adult, Divisional Counselor, Divisional Principal, Divisional Administrator (as approved) and School Nurse (as appropriate) 16 Liaise with parents as appopriate Contact Embassy or Consulate as appropriate School counselor (School) support for child and family Family meeting Student Protection Teams (SPT) The role of the Student Protection Team (SPT) is to ensure that there is a comprehensive student protection program in place at the school and to annually monitor the effectiveness of the program. Specific tasks include: • Ensure a comprehensive student protection program is in place. • Work within the school’s existing structures to ensure development and adoption of a student protection curriculum to meet school needs. • Ensure that student protection curriculum is taught and assessed annually. • Support teachers and counselors implementing student protection curriculum. in • Ensure/guide training for all staff that have direct/indirect contact with students regarding the student protection program. • Ensure/guide parent evening education programs to support understanding of the objectives and goals of the policy/curriculum. • Serve as a resource group in working with cases requiring student protection – assist reporting and follow-up disclosures. The student protection team will meet at least twice annually to discuss and plan for the following: • Discuss readiness of the teachers to teach personal safety. • Plan for the parent meeting to introduce the topic to parents. • Preparation/inventory of personal safety materials. • Review personal safety protocols and guidelines The student protection team consists of a counselor and administrator from each division and the deputy head of school or business manager. Curriculum modules for student education Research shows that age appropriate personal safety/abuse prevention programs for children are successful when they are based on the most current research in prevention education. ASIJ’s sex abuse curriculum will begin in grade 1 and go through grade 12 and will give students, using developmentally sequenced materials, adequate tools to resist and report the overtures of potential offender. ASIJ’s sex abuse prevention education is “preventive” in nature. It is not intended to educate students about sex, sexuality, the sexual functions of private parts, or human love relationships. It is intended to teach children about their rights to assert limits over what happens to their bodies and to give them the tools necessary to communicate effectively if someone violates those boundaries. In short, sex abuse prevention education teaches students how to prevent themselves from being victims of criminal behavior. Parent education Student protection at school is a partnership with parents. Through the PTA and other school organized parent meetings sexual abuse education and training lessons will be held. These lessons will include the following: • Understanding of school policies and procedures related to sexual abuse • Understanding of the school’s sexual abuse curriculum • Signs and symptoms of abuse • Awareness of risks to which students are exposed • How to talk to your children- and prevention strategies • Handling disclosure and reporting as a parent • Community resources 17 Addendum A: Student Protection Agreement (To be signed by adults teaching/supervising students) I promise to strictly follow the rules and guidelines in the Student Protection Agreement as a condition of my being employed by ASIJ.= I WILL: • Treat everyone with respect, patience, integrity, courtesy, dignity, and consideration. • Never be alone with students at school or non-school activities on weekends or evenings without another adult being notified. • Use positive reinforcement rather than criticism, competition, or comparison when working with students. • Comply with the mandatory reporting regulations of ASIJ and with ASIJ’s policy to report sexual abuse. • Cooperate fully in any investigation of abuse of students. • Exercise care with my use of language in my professional capacities. I WILL NOT: • Touch or speak to a student in a sexual or other inappropriate manner. • Intentionally expose the student to embarrassment or disparagement. • Smoke or use tobacco products, or possess, or be under the influence of alcohol, or illegal drugs in the presence of students while in a professional capacity or personal capacity outside normal family and social events. • Accept intimate and elaborate gifts or give private gifts to students without the knowledge of their parents/guardians and division administrator. • Engage in private communications with students using social media in ways that are outside my professional relationship with students. I understand that as a person working with students under the auspices of ASIJ, I am subject to a criminal history background check. My signature confirms that I have read this student protection agreement and that as a person working with students I agree to follow these standards. I understand that any action inconsistent with this student protection agreement or failure to take action mandated by this student protection agreement may result in disciplinary action up to and including removal from ASIJ. Name Date/ Signature 18 Addendum B Student Protection reporting form (Submit to an ASIJ counselor or principal on the next school day after knowledge or suspicion of abuse) Reporter(s) Name(s) Address Tel. Position at ASIJ Date and time reporter(s) became aware of the situation Alleged victim/student Name o male o female Address Grade Birthdate (mm/dd/yr) Tel. Alleged victim/student family information Name(s) and age(s) of others living in the home Name Name Name Tel. Occupation of parent(s)/guardian(s) Age Age Age Information giving rise to reasonable suspicion or concern (include date, time, location of incident, any physical evidence such as letters/taped phone conversations and/or direct quotes from victim/perpetrator (use back of form for additional information). Information concerning individuals who might have abused or neglected the child or who might be involved in the situation Alleged perpetrator Address Tel. Occupation/Job title Other pertinent information Date/ Signature of Reporter 19 Chofu Campus: 1-1-1 Nomizu, Chofu-shi, Tokyo 182-0031 Tel: 0422-34-5300, Fax: 0422-34-5303 Early Learning Center: 6-16-5 Roppongi, Minato-ku, Tokyo 106-0032 Tel: 03-5771-4344, Fax: 03-5771-4341 Email: <info@asij ac.jp> Web: <www.asij.ac.jp> On September 8 and 9, 2014, Ropes & Gray interviewed the survivors in Portland, Oregon. The interviews were memorialized by Ropes & Gray, and were subsequently submitted for approval to survivors’ counsel, Crew Janci. Upon approval by Crew Janci, the survivors’ statements were submitted to ASIJ’s Board of Directors and to Ropes & Gray, which based its report, in part, on the statements. After the mediation in June 2015, the survivors modified their statements and generously provided them to ASIJ for publication. The school has redacted the modified versions to comply with Japanese privacy laws. They are attached. Student #1 – Memorandum of Statement Interview of: Student #1 Crew Janci LLP1 Fremont Place II 1650 NW Naito Parkway Portland, Oregon 97209-2534 Date of Ropes Interview: Monday, September 8, 2014 Date Edited2 for Publication: Thursday, June 12, 2015 ______________________________________________________________________________ On September 8, 2014, Ropes & Gray LLP (“Ropes”) interviewed Student #1 at the offices of Crew Janci LLP (“Crew Janci”) in Portland, Oregon. The interview was conducted as part of Ropes’ independent investigation into allegations of sexual misconduct by former American School in Japan (“ASIJ”) teacher Jack Moyer. Also in attendance were Student #1’s counsel at Crew Janci, as well as counsel to ASIJ. The interview with Student #1 lasted for approximately one hour and forty-five minutes. This memorandum summarizes the interview. It is not a verbatim transcript. Student #1 and her counsel have had the opportunity to review and edit this draft to ensure that it accurately captures Student #1’s statement. ASIJ and the Friends of the American School in Japan, Inc. have agreed that any statement to Ropes by Student #1, including any notes of that statement, and any summary of that statement, including this summary, or any form in which Student #1’s statement is included in the investigation report prepared for the ASIJ Board of Directors, will be inadmissible in any subsequent litigation, and may not be used for impeachment purposes in any subsequent litigation. • Ropes and counsel for ASIJ each introduced themselves to Student #1. Ropes explained that they have been engaged by ASIJ’s Board of Directors (“the Board”) to conduct an independent investigation of the facts surrounding allegations of sexual misconduct by Jack Moyer. Ropes explained that they will produce a report for the Board at the conclusion of its investigation. • Ropes thanked Student #1 for her participation in the interview. Ropes told Student #1 that it was fine to take a break during the interview if she needed one and asked her to let him know if this was the case. • Before beginning the interview, Ropes gave ASIJ’s counsel the opportunity to explain her role. ASIJ’s counsel explained that while Ropes has been retained to conduct an independent investigation, she represents ASIJ generally. She told Student #1 that she had been invited by Crew Janci to attend the interview purely to observe and listen, and thanked Student #1 on behalf of the Board for participating in the interview. 1 Formerly O’Donnell Clark & Crew LLP (“OC&C”). 2 Student #1 has had an opportunity to review and edit this statement prior to the June 2015 publication of the Ropes and Gray Report by the American School in Japan Board of Directors. These edits were made to ensure protection of Student #1’s privacy, as well as the privacy of others mentioned within Student #1’s statement. 1 Student #1 – Memorandum of Statement • Student #1 was born in 1959. She stated that her family had moved to Japan in the late 1940s. Student #1 stated that she began ASIJ in 1970, when she was 11 years old and in the 7th grade. She stated that she is the second youngest of five children; all of her siblings also attended ASIJ. • Student #1 said that, when she first started attending ASIJ, she lived around the corner from Mr. Moyer. She first met Mr. Moyer when she took his Japan Lands and People (“JLAP”) class in 7th grade. ASIJ had block scheduling so during her free time she would hang out in his classroom when she was not in class. She stated that Mr. Moyer was her basketball coach in 7th and 8th grade (i.e., 1970 – 1971; 1971 – 1972). • Student #1 stated that she did not recall anything specific about Mr. Moyer before she had him as a teacher. She did not recall ever hearing rumors that he was “creepy” or anything similar. She said that there were always girls hanging around Mr. Moyer. • Student #1 said that Mr. Moyer lived in what she described as a teacher compound – a cluster of houses where teachers lived that was near the school. She did not recall the names of any other teachers who lived in this compound other than Mr. Moyer. • Student #1 said that early in the school year, before winter began, Mr. Moyer invited her to run his dogs in the morning before school. She said that Mr. Moyer’s home was next to a golf course. She said that she would meet him at his house around 6 a.m. to walk his dogs with him. After walking the dogs, she would go home, get dressed, and then meet her friends to walk to school. • Student #1 stated that her parents knew that she was walking the dogs with Mr. Moyer. She said that Mr. Moyer was not friends with her family and did not ever visit their home. She said that Mr. Moyer did not invite her to social activities outside of school. • Student #1 said that the first time Mr. Moyer crossed a line with her was in the fall of 1970, when she was only eleven years old. She said that he invited her into his home to drink coffee one morning when they were walking the dogs. She said that he began by rubbing her back and, over time, the touching progressed to sexual molestation. Student #1 stated that in 1971, her family moved closer to downtown Tokyo so she stopped walking Mr. Moyer’s dogs by her 8th grade year. • Student #1 reported that, as part of the JLAP class, she went to Miyake in the spring of 1971. She said that half of the time, she stayed in a hostel; the other half of the time, she stayed in Mr. Moyer’s home. She said that, when the students stayed in Mr. Moyer’s home, all of the girls slept in one room, the boys slept in another room, and Mr. Moyer and another school counselor slept in a room between the two other sleeping rooms. She said that nothing inappropriate happened during her 7th grade Miyake trip. Student #1 could not recall whether her parents had to fill out a permission slip in order for her to attend the school Miyake trip. • Student #1 stated that before she went on the Miyake trip she had started her period one day at school. She said Mr. Moyer was the person who took her home after she started her first period. She stated that Mr. Moyer wanted to teach her how to SCUBA dive but her parents “drew the line” at taking SCUBA lessons. She stated that Mr. Moyer purchased a pair of prescription diving goggles for her even though she could not dive. She stated that Mr. Moyer also purchased her a pair of contacts in the spring of her 7th grade year (i.e., spring 2 Student #1 – Memorandum of Statement 1971). She said that she previously wore glasses. She did not know why Mr. Moyer purchased contacts for her. • Student #1 said that Mr. Moyer invited her back to Miyake in the summer after her 7th grade year (i.e., summer of 1971). She said that he asked her directly and she then asked her parents. She explained that Mr. Moyer had a “pre-crew” that helped prepare for the marine biologists who visited the island every summer. She stated that she was not interested in marine biology, but she went to the island for one week that summer. She recalled that another student was also part of the pre-crew on Miyake that summer. She said that she remembered this student because he gave her the nickname “TH&H” which stood for “totally helpless and hopeless.” She said that another student may have been on Miyake that summer as well. • Student #1 stated that, on that summer 1971 trip to Miyake, the pre-crew stayed at Mr. Moyer’s house. She said that the boys slept in the sleeping room on the left, the girls slept in the sleeping room on the right, and Mr. Moyer slept in the sleeping room in the middle. She stated that Mr. Moyer told her to put her futon next to his in the middle room. She reported that, every night of the trip, he would wake her up after everyone else was asleep and would sexually abuse her. When asked if this was her first sexual experience Student #1 said, “I was only twelve years old and it wasn’t an experience, it was sexual assault.” She said that the next day, Mr. Moyer acted as if nothing had happened. She said that she did not tell any of her friends and never thought that anyone else was going through the same thing. • Student #1 stated that she went back to Miyake several times, sometimes on weekends. The last trip that she recalls making was in 1972, when she was in 8th grade. She said that when she went to Miyake on subsequent trips, other students were also there. She said that another student, who was a fellow 1970s alumna, went to Miyake frequently until the student was a senior at ASIJ. She recalled that they would all “hang out” and go to beach barbecues, sometimes with Japanese men. She stated that on one occasion a friend bought a bottle of whisky and she got drunk. She said that Mr. Moyer became very angry at her for getting drunk and she was worried that he would tell her parents because they were missionaries. She stated that some of the other girls who visited the island said that Mr. Moyer witnessed Japanese men on the island make advances to them. She would not share the names of these women. • Student #1 stated that when she was in 8th grade, she had eczema and an infection, which left her with rashes on her body. She said that she was on medication for her condition and had to apply ointment to her body. She said that when she visited Miyake during the summer after her 8th grade year, Mr. Moyer applied ointment to her and told her to lie outside on a rock in the nude to let the ointment dry. She stated that three other students who were also on the island walked in on her when Mr. Moyer was applying the ointment. She said that none of the girls said anything about what they had seen and no other adult supervisor was present. • Student #1 stated that students who visited the island were doing oceanographic research. She said that they looked at tidal pools while on the island but, for the most part, they listened to blues music, walked on the beach, and hung out at Mr. Moyer’s house. She said that others may have been on Miyake to study marine biology, but she was not. She did not recall any other adults being present on the island except for Mr. Moyer. 3 Student #1 – Memorandum of Statement • Student #1 said that each time that she visited Miyake, Mr. Moyer sexually assaulted her every night. She said that, during her 7th and 8th grade years, she went to Miyake four to five times. She said that someone told her that she visited Miyake during her junior year as a “junior counselor” but she does not recall going on that trip. • Student #1 said that, one evening on Miyake, the assaults stopped. She recalled that the alumna from the 1970s mentioned above, who was her friend, asked, “[Student #1], would you like to come sleep next to me?” Student #1 said that she responded, “Yes, please.” Student #1 said that Mr. Moyer became very angry and “went ballistic” in front of her (no one else was present). She said that after that night, she does not recall that she was invited back to Miyake and does not recall communicating with Mr. Moyer frequently after that. Student #1 said that the alumna had seen Mr. Moyer with her and suspected something was going on, although she later learned that the alumna did not realize at the time that the girl she had seen with Mr. Moyer was Student #1. • Student #1 stated that her friend (the alumna) would like to speak with us and she encouraged us to contact her. • Student #1 said that Head of School #2 was Headmaster at ASIJ while she was a student there (i.e., 1970 – 1976). She said that, at the time, the high school had the same principal as the middle school. She said that Principal #1 was the principal until her senior year, when Principal #2 became principal. Student #1 said that she thought Mr. Moyer had been at ASIJ since 1964. • Student #1 said that Mr. Moyer molested her every night that she stayed on Miyake and regularly when she was walking the dogs with him during her 7th grade year (i.e., 1970 – 1971). She estimated that he had molested her as many as 80 to 100 times: twice a week for 30 weeks in the fall and spring and an average of four times each visit to Miyake. • Student #1 stated that she thought that she was the only one being abused by Mr. Moyer. She said that she did not tell anyone about what had happened with Mr. Moyer. • Student #1 said that she left ASIJ for her sophomore year in high school (i.e., 1973 – 1974), but returned for her junior and senior years (i.e., fall 1974 – spring 1976). She said that she thought that Mr. Moyer liked her and that she was important to him. At the beginning of her junior year, she met the boat as he was arriving in Tokyo from Miyake. She said that when Mr. Moyer walked off of the boat, he saw her, said “Oh, hi [Student #1],” and then kept walking. She said that she felt like she had been “punched in the stomach.” • Student #1 did not recall that Mr. Moyer ever told her that he wanted to marry her or anything similar, but she said that he made her feel special by, for example, buying her contact lenses and prescription goggles. She said that through his acts, he established a relationship with her. • Student #1 said that Miyake is what made Mr. Moyer so popular with students and attracted his “groupies.” She explained that going to Miyake was “an opportunity that most kids don’t have in a lifetime” and stated that on Miyake students were “free to do whatever” they wanted. There were no chaperones on the island. She said that she started smoking and drinking while on the island. She did not know if Mr. Moyer ever supplied alcohol to students. She did not think that he was involved with drugs. 4 Student #1 – Memorandum of Statement • Regarding reporting to ASIJ, Student #1 stated that the first time she contacted the school about Mr. Moyer was via a reunion committee in 1990. The first time she told the school directly about Mr. Moyer was in 2000. • Student #1 said that in 1990 she discussed Mr. Moyer with people affiliated with ASIJ. She was at an ASIJ reunion in Long Beach, California for the classes from the 1970s. Before the reunion, the reunion committee sent out a survey asking alumni to vote on their favorite teacher. Student #1 said that she worried that Mr. Moyer would win the vote. She said that every publication she received from ASIJ up until that point had something about Mr. Moyer in it. She stated that it was like a “slap in the face” every time she opened an ASIJ publication. • Student #1 said that the reunion committee was made up of alumni volunteers. She said that she contacted the chair of the committee, who was a member of the class of 197 or 197 . She stated that she told the committee chair that she had been sexually abused by Mr. Moyer and said that if Mr. Moyer was nominated as “favorite teacher” at the reunion, she would make her story public. She said that the committee chair contacted the school to let them know what Student #1 had told her. Student #1 said that Mr. Moyer had in fact won the favorite teacher award but the reunion committee did not give him the award. • Student #1 went to the reunion. She said that she was still scared that Mr. Moyer might win the favorite teacher award, but she was hopeful that he would not. She said that at this point her siblings and friends did not know about the abuse. • Student #1 stated that, between 1990 and 2000, she continued to receive ASIJ publications mentioning Mr. Moyer. She said that she did not contact the school about Mr. Moyer during this time. • In 2000, the Miyake volcano erupted. Student #1 said that she received an email from a recent ASIJ alumna asking for money to help Mr. Moyer. Student #1 stated that she was “livid” when she received the recent alumna’s email. She said that she responded to the recent alumna, asking her to withdraw her email and not to ask for donations for Mr. Moyer because he had sexually abused Student #1. Student #1 said that she told the recent alumna that she found her email “very offensive.” Student #1 said that the recent alumna responded by saying: “With due respect, I’m sorry for what happened to you, but I am going to continue to pursue it.” • Student #1 said that she decided to contact the headmaster at the time, Head of School #4. She said that she sent Head of School #4 a certified letter. She said that she received a receipt for the letter, but did not receive a response from Head of School #4. She then sent a follow up email asking Head of School #4 if he had received her letter. She said that she received a response back saying that the school had received her letter and was taking it under advisement. Student #1 said that she did not think that she had copies of her emails because her computer crashed and she lost many files. • Student #1 stated that, in her correspondence to Head of School #4 in 2000, she told Head of School #1 that she was abused by Mr. Moyer from 1970 to 1972, and that she was offended that the recent alumna was soliciting donations for Mr. Moyer. Student #1 asked that all fundraising for Mr. Moyer be stopped. She said that she did not receive a response to her request. 5 Student #1 – Memorandum of Statement • In 2003, ASIJ celebrated its centennial anniversary Student #1 said that, in 2002, the wife of the former headmaster, Head of School #3, sent an email to alumni asking for stories about the school. Student #1 did not believe that the wife of Head of School #3 was employed by the school at this time. She stated that the wife of Head of School #3 used to be the . • Student #1 said that she contacted the wife of Head of School #3 and told her that she wanted the book to contain stories about Miyake, but warned her not to glorify Mr. Moyer. Student #1 said that she assumed that Head of School #3’s wife knew about Student #1’s interaction with Mr. Moyer since she had “told the school three different times.” Student #1 said that after she contacted the wife of Head of School #3, the woman stopped sending emails to Student #1. She said that she received no response to her request from Head of School #3’s wife. • In 2003, Student #1 went to San Francisco to attend an ASIJ reunion. She said that her husband, sister-in-law, and brother-in-law attended the reunion with her. At the reunion, Student #1 looked through the centennial book. She said that there was a chapter dedicated to Mr. Moyer discussing his contributions to marine biology. Student #1 stated: “I could not believe it. It was the school perpetuating my pain. It was as if I didn’t matter.” • Student #1 said that she did not know that she “was not alone.” She said that she was worried that no one else would believe her story about Mr. Moyer. She said that she approached the alumna from the 1970s (who asked Student #1 to move her futon closer to hers to get away from Moyer back on Miyake) at the 2003 reunion. She stated that the 1970s alumna had attended the 1990 reunion but they did not discuss Mr. Moyer at the time. • Student #1 said that, by the 2003 reunion, the 1970s alumna began asking questions about what happened at ASIJ in the 1970s with Mr. Moyer. Student #1 said that her brother-in-law heard the 1970s alumna asking questions and told her to talk to Student #1. She said that, for the rest of the reunion, she and the 1970s alumna discussed what had happened. She said that during the reunion, others told her that they had heard about other students who had been abused by Mr. Moyer. She said that she did not know who the other victims were. She said that the 1970s alumna did not know herself whether she had been sexually abused. She stated that the 1970s alumna was “on a war path” to find out whether Mr. Moyer was still working with children. • Student #1 stated that Head of School #4 and the new headmaster, Head of School #5, were at the 2003 reunion in San Francisco. She said that she approached Head of School #4 at the reunion, shook his hand, and told him: “I’m [Student #1].” She said that Head of School #4 “took off” and did not want to speak to her. • Student #1 said that, after the reunion, she and the 1970s alumna searched on the internet and learned that Mr. Moyer was working with 5th and 6th grade Japanese children. She said that they contacted Head of School #5 and asked for Mr. Moyer’s address. She said that Head of School #5 would not give them Mr. Moyer’s address. After several attempts to communicate with the school, the school finally agreed to pass along any correspondence to Mr. Moyer. • Student #1 said that they informed Head of School #5 why they wanted to contact Mr. Moyer, and that Head of School #5 told them that someone else had contacted him about the same issue. Student #1 stated that she later found out that the “someone else” was another 6 Student #1 – Memorandum of Statement ASIJ alumnus from the 1960s, whom Student #1 knew. She said that after the reunion that alumnus had met with Head of School #5 and told him to be prepared because women would be coming forward to report that they had been sexually abused by Mr. Moyer. • Student #1 and the alumna from the 1970s sent a letter to Mr. Moyer via ASIJ. Student #1 said that her counsel had a copy of this letter. • Student #1 said that she received an email response from Mr. Moyer asking what would happen to his wife and two children if she contacted the authorities, and begging her not to do anything. She said that she received another message from Mr. Moyer after Thanksgiving begging them not to take any action. Mr. Moyer attempted to contact Student #1 by telephone at her home. When Student #1 returned home from Thanksgiving, the message from Mr. Moyer was on her voice mail. This upset her very much. She said that Mr. Moyer’s wife also called her and begged her not to do anything because her family did not have any money. Student #1 said that she and the 1970s alumna had told Mr. Moyer that he had to tell his wife about what he had done. Student #1 said that after Mr. Moyer committed suicide, Mr. Moyer’s wife called Student #1 and asked her for money. • Student #1 stated that her husband told her not to talk to Mr. Moyer because it was too emotionally draining. She said that she and the 1970s alumna took turns communicating with Mr. Moyer. She explained that the ASIJ reunion in San Francisco had been in June or July of 2003. She said that she and the 1970s alumna started contacting Mr. Moyer in September or October of 2003. She said that most of the emails and other contacts with Mr. Moyer occurred between Thanksgiving and Christmas of 2003. Mr. Moyer committed suicide in January of 2004. • Student #1 said that, on October 31, 2003, she told a “counselor” that one of her biggest fears was that Mr. Moyer would commit suicide. She stated that in December 2003 the emails and correspondence with Mr. Moyer “escalated.” She said that by January 2004, Mr. Moyer had still not told the people that he was working with about his past. She said that the 1970s alumna sent Mr. Moyer an email that “pushed him over.” She believed that the email said something equivalent to: “I’m getting ready to blow it open to the whole Japan community.” Student #1 said that she was not involved in that email, but the day after the sending the email to Mr. Moyer, the alumna called Student #1 and told her that Mr. Moyer had committed suicide. Student #1 stated that she had already received an email from a classmate relaying the news of Mr. Moyer’s suicide before the alumna had called her. She stated that the news of Mr. Moyer’s suicide was in The Japan Times. • Student #1 said that she was scared because she and the 1970s alumna were “tainting the reputation of the school.” She said that some of her friends asked her, “Why are you doing this now?” She said that her response was that Mr. Moyer was still working with children. • Student #1 said that after Mr. Moyer’s suicide in 2004, she and the 1970s alumna worked with Head of School #5 to ensure that the school had policies in place to protect children. She said that she did not recall speaking to Head of School #5 about the school’s specific response to Mr. Moyer’s death. Student #1 said that she and the 1970s alumna asked the school to remove from the school library all of the centennial books and any material that “elevated” Mr. Moyer’s stature. 7 Student #1 – Memorandum of Statement • Student #1 recalled seeing Head of School #5 at an ASIJ reunion in the summer of 2004 in Nashville, Tennessee. She said that Head of School #5 was “very cordial” and “nice.” • Student #1 said that she found out that the school had destroyed all of the centennial books. Student #1 stated that she “thought that it was over.” But she also stated that the school had not really acknowledged what had happened. She said the school said it had put new policies in place, but Student #1 felt like ASIJ was still sweeping it under the rug. She still felt like she needed to tell her story. • Student #1 stated that she started writing a blog in 2009. She said that she wrote nearly every day until she “finished her story,” which, she said, took two years. She said that she wrote her blog from 2009 to 2011. • Student #1 said that someone from the ASIJ alumni office told her that the school knew that she was writing a blog. She said that, as a result of her blog, she began receiving responses including from teachers saying that they had had suspicions about Mr. Moyer and had told the administration about their suspicions. • Student #1 said that the current Deputy Head of School contacted her in 2013. She said that he, the current Headmaster, and [former] Board Chair were thinking of making a formal announcement of what had happened at ASIJ regarding Mr. Moyer. Student #1 stated that she had not previously spoken to the Deputy Head of School. She said that the Deputy Head of School asked if she would give the school the names of Mr. Moyer’s other victims, and she refused, citing confidentiality. She said that the Deputy Head of School told her that, in 2000, he had told Mr. Moyer that Mr. Moyer could no longer associate with ASIJ. • Student #1 stated that the March 2014 letter from the Board was “impersonal” and was not an apology. She said that the letter read as if the school had just found out in 2013 about Mr. Moyer’s actions. She said that it was “as if nothing had happened in the last 58 years” (referring to 1964 when she said that Mr. Moyer began his association with ASIJ). Student #1 stated: “None of what I had told them mattered.” She said that she began communicating with ASIJ alumni on Facebook in response to the March 2014 letter. • Student #1 said that, after the letter was released, a reporter from The Japan Times contacted her. She said that she wrote to the current Head of School as a courtesy to let him know that she had spoken to the reporter and that a story would be published. • Student #1 said that a second letter came out in April 2014. Student #1 said that she had to take time off of work in order to “deal with [the letter] emotionally.” She said that alumni became increasingly vocal – demanding an investigation and a full report of what had occurred. Student #1 said that the [former] Board Chair wrote to her and informed her that she and the Head of School were thinking of visiting the United States to speak to people affected by Mr. Moyer. Student #1 said that she told the Board Chair that she would be interested in meeting in Baton Rouge. Student #1 said that she had arranged for the people she needed for support to attend her meeting with the Board Chair and the Head of School. She said that the Board Chair had canceled her trip to the United States, but asked if she could interview her over the phone; Student #1 refused. • Student #1 said that when she spoke to the Deputy Head of School before the March 2014 letter came out, she told him that she did not have any intention of bringing litigation against 8 Student #1 – Memorandum of Statement the school. She said that she decided to join in litigation after she heard a comment by the to the effect of: “Why is this such a big deal? Why don’t they [the victims] just put blame where blame is due?” Student #1 could not recall where she heard or saw this comment but that it was probably on Facebook. • Student #1 stated that Mr. Moyer was a pedophile and did what pedophiles do. She said that the was claiming that it was not the school’s fault but she said that “the school continued to allow Jack Moyer to assault young children.” Student #1 said that in 2012 a 1960s ASIJ alumnus attempted to communicate with the about Mr. Moyer, and the ’s “attitude” had been “the same as [Head of School # ]’s attitude in 2000.” • Student #1 said that she wanted a full report made to alumni about the results of the independent investigation. She said that she could not believe that the school did not have criminal background checks in place for its teachers until April of 2014. She referenced the dismissal of a teacher from the school in which she said would not have happened if the alumni “had not brought all this up.” • Student #1 told a story about a scorpion who promised a frog that he would not bite the frog if the frog took the scorpion across a river, but then proceeded to bite the frog despite his promise. Student #1 stated that Mr. Moyer was a scorpion and scorpions do what scorpions do. She stated that if the school had protected the children like schools are supposed to do, we wouldn’t be here talking about this. • Student #1 said that she wants the school to put policies and procedures in place to protect children. She stated that ASIJ could be the “lead international school” on this issue and show the international community how to respond to this kind of situation. She wants compensation for the victims. She said that if the school responds properly, “alumni would turn around and support the school.” • Student #1 addressed counsel for ASIJ about a statement that she (ASIJ counsel) had made in the beginning of the interview. Counsel for ASIJ made a reference regarding more people coming forward. Student #1 responded by stating that “the school has known for a long time and people have been coming forward for a long time.” She said “they knew it in the 60’s, they knew it in the 70’s, they knew it in the 80’s, they knew in 1990, and again in 2000, in 2003, in 2004, in 2012, and in 2013. They knew, they knew.” 9 Student #3 – Memorandum of Statement Interview of: Student #3 Crew Janci LLP1 Fremont Place II 1650 NW Naito Parkway Portland, Oregon 97209-2534 Date of Ropes Interview: Tuesday, September 9, 2014 Date Edited2 for Publication: Wednesday, June 11, 2015 ______________________________________________________________________________ On September 9, 2014, Ropes & Gray LLP (“Ropes”) interviewed Student #3 at the offices of Crew Janci LLP (“Crew Janci”) in Portland, Oregon. The interview was conducted as part of Ropes’ independent investigation into allegations of sexual misconduct by former American School in Japan (“ASIJ”) teacher Jack Moyer. Also in attendance were Student #3’s counsel at Crew Janci, as well as counsel to ASIJ. The interview with Student #3 lasted for approximately one hour and twenty minutes. This memorandum summarizes the interview. It is not a verbatim transcript. Student #3 and her counsel have had the opportunity to review and edit this draft to ensure that it accurately captures Student #3’s statement. ASIJ and the Friends of the American School in Japan, Inc. have agreed that any statement to Ropes by Student #3, including any notes of that statement, and any summary of that statement, including this summary, or any form in which Student #3’s statement is included in the investigation report prepared for the ASIJ Board of Directors, will be inadmissible in any subsequent litigation, and may not be used for impeachment purposes in any subsequent litigation. • Ropes and counsel for ASIJ each introduced themselves to Student #3. Ropes explained that they have been engaged by ASIJ’s Board of Directors (“the Board”) to conduct an independent investigation of the facts surrounding allegations of sexual misconduct by Jack Moyer. Ropes explained that they will produce a report for the Board at the conclusion of its investigation. • Ropes thanked Student #3 for her participation in the interview. Ropes told Student #3 that it was fine to take a break during the interview if she needed one and asked her to let him know if this was the case. • Before beginning the interview, Ropes gave ASIJ’s counsel the opportunity to explain her role. ASIJ’s counsel explained that while Ropes has been retained to conduct an independent investigation, she represents ASIJ generally. She told Student #3 that she had been invited by Crew Janci to attend the interview purely to observe and listen, and thanked Student #3 on behalf of the Board for participating in the interview. 1 Formerly O’Donnell Clark & Crew LLP (“OC&C”). 2 Student #3 has had an opportunity to review and edit this statement prior to the June 2015 publication of the Ropes and Gray Report by the American School in Japan Board of Directors. These edits were made to ensure protection of Student #3’s privacy, as well as the privacy of others mentioned within Student #3’s statement. 1 Student #3 – Memorandum of Statement • Student #3 began attending ASIJ in 3rd grade. She and her family lived near ASIJ and near Mr. Moyer. • Student #3 stated that she was an “outgoing” and “active” child. She said that she knew everyone in the neighborhood. • Student #3 stated that she knew Mr. Moyer before she had him as a teacher because he lived in her neighborhood. She said that he was a “fun man” who liked dogs, as did she. She said that Mr. Moyer came by her house to ask her to help him take care of his dogs. • Student #3 said that she started helping Mr. Moyer take care of his dogs very soon after she moved to the neighborhood. She said that Mr. Moyer needed help with his dogs because he was frequently out of town. • After returning from a summer trip to the United States, Student #3 was excited to see Mr. Moyer. She recalled that when she saw him, she ran and jumped into his arms, put her legs around him and gave him a hug. She stated that she was almost 11 years old at the time. She said that she began to watch his dogs again. She said that approximately two to three months later, he gave her a “long and lengthy French kiss,” and then told her: “I was so happy when you gave me that hug. It made me feel so thankful. You made me feel like you really liked me. It meant so much to me.” She stated that, at the time, she thought it was odd. She said that she felt a “little bit afraid,” but did not dwell on it at the time. She said that she rationalized that this was his way of showing his gratitude to her and that he cared about her. • Student #3 stated that it became a “regular occurrence” that Mr. Moyer would French kiss her and massage her. She stated that she kind of got used to it although it made her uncomfortable. She stated that she was approximately 11 years old. She did not recall whether he had begun to molest her at this point in time. • Student #3 stated that, when she was in 7th grade, she saw Mr. Moyer be “touchy feely” with girls at ASIJ, noting that she saw him touch girls’ legs. She stated, “That’s the kind of man he was.” • Student #3 stated that Mr. Moyer was her teacher for the Japan Lands and People (“JLAP”) class in 7th grade. She stated that she loved JLAP. She said that she was “one of the popular ones” and that she “reveled in it.” • Student #3 stated that she was an avid swimmer in 7th grade. She stated that during that year, Mr. Moyer suggested that she take SCUBA class. Student #3 stated that SCUBA classes took place in the school pool, which was located next to the gymnasium. Student #3 stated that Mr. Moyer bought her a prescription SCUBA mask. • Student #3 stated that her SCUBA class traveled to Miyake to complete their ocean dive. Student #3 could not remember but thought that the ocean dive trip was her first trip to Miyake. She stated that there were approximately four or five people on her SCUBA class’s ocean dive trip to Miyake. • Student #3 stated that Mr. Moyer invited her back to Miyake with two of her girlfriends. She said that, on this trip to the island, Mr. Moyer had her sleep next to him. She stated that she woke up in the middle of the night to find the Mr. Moyer had put his hands under her pajamas and was rubbing her breasts. She said that he then moved his hands down her body. 2 Student #3 – Memorandum of Statement In order to stop him, she rolled over, pretending to be asleep, and stayed on her stomach for the rest of the night. She stated that the following night, she moved her bed away from him, but he moved it back. She said that Mr. Moyer did the same thing again that night, fondling her breasts and rubbing his hands all over her body. She again rolled over onto her stomach and pretended to be asleep. She stated that she did not tell anyone about these incidents because Mr. Moyer was so well respected at ASIJ. • Student #3 stated that she could not think of any other ASIJ teachers who spent significant time with students outside of the classroom (other than Mr. Moyer). She stated that when she went to Miyake for SCUBA trips, there were sometimes other adults on the island. • Student #3 stated that she visited Miyake as part of a 7th grade trip to the island in the spring of 1973. She recalled that she was the first person to retrieve the spoon from the shrine on the island, a challenge that Mr. Moyer gave to his students. • Student #3 stated that she visited Miyake “several times” during her 8th grade year (i.e., 1973 – 1974). She did not recall when or with whom she visited the island. She stated that on each trip to Miyake during that year, Mr. Moyer sexually abused her. She stated that he “liked to touch my breasts” and reported that at times he would reach down and touch her pubic area. She stated that by this point, her visits to Mr. Moyer’s home near the school were less frequent and she only helped to take care of his dogs on the weekends when he was out of town. • Student #3 moved back to the United States in the summer and fall of 1974, after she completed 8th grade. She said that she may have visited Miyake that summer before going to the United States. • Student #3 returned to ASIJ halfway through her 9th grade year. She stated that she quickly resumed her SCUBA activities when she returned to ASIJ. She became close friends with a male classmate and they often went to Miyake together. Mr. Moyer still fondled her at night. She said that Mr. Moyer had her sleep next to him. She recalled Mr. Moyer “rubbed her all over [her] body” and stated that she “endured it.” She said that this happened “pretty much every time” she was on Miyake. Student #3 stated that she was not sure if her friend was aware of what was happening with Mr. Moyer, but she stated that she did not tell him about Mr. Moyer at this point. • Student #3 stated that, in the fall of 1975, when she was beginning 10th grade, she and her friend went to Miyake at least once a month. She said that on one occasion, perhaps around Thanksgiving, their parents came to Miyake with them. Student #3 stated that, even when her parents were on the island, Mr. Moyer molested her at night. • Student #3 stated that she and her friend went to Miyake between the Christmas and New Year holidays (i.e., December 1975). She said that Mr. Moyer had “no problems” with them drinking and acting like “adults.” She stated that, at that time, she thought that it was “pretty cool.” She said that during that December 1975 trip to Miyake, she found out that her friend was leaving one day earlier than she was and she “freaked out.” She said that she begged him not to leave or she would go with him. She said that they both approached Mr. Moyer to ask if he would stay one extra day or if Student #3 could leave with him. She said that Mr. Moyer “went into a rage.” She said that Mr. Moyer told them that parents were expecting him home 3 Student #3 – Memorandum of Statement and he needed help finishing tasks in the lab. Mr. Moyer was very upset that they were so ungrateful. • Student #3 stated that her friend left Miyake the next day. She said that she and Mr. Moyer went back to Mr. Moyer’s house. She stated that he began to give her a back rub and told her not to be afraid. She said that Mr. Moyer took off all her clothes and then took his clothes off. She said that he began to rub his body against her, and told her that he wanted to make love to her, and that he loved and wanted to marry her. She said that she was shocked. She said that he told her that someone close to him had left, leaving a void in his life. She said that she told him that she did not want to have sex with him and did not love him. She stated that she was laying face down, and as Mr. Moyer tried to roll her over, she fought back. She said that she told him, “I have a boyfriend and this is not fair or right.” She stated that Mr. Moyer became frustrated and left; she does not know where he went. • Before going to bed that night, Student #3’s friend called. Student #3 locked herself in the back room of the house and spoke to the friend on the phone. She told him she was scared and did not want to stay there, but did not tell the friend what Mr. Moyer had done. • Student #3 stated when she went to bed that night Mr. Moyer again told her that he wanted to make love to her. She said that she resisted, telling him that she could not do it. Student #3 stated that he responded: “You have to understand that when a man gets repeated erections, it is very painful. It’s called blue balls.” She said that he told her that he “really needed a release” and was “in a lot of pain and needed [her] to help [him].” She stated that he tried to show her how to use her mouth to “relieve” his pain. Mr. Moyer then proceeded to force Student #3 to engage in oral sex. Student #3 stated that Mr. Moyer was trying to arouse her, but she was not aroused; she said that she was “disgusted” and “sick to [her] stomach.” She stated she was crying and did not remember how the episode ended. She did not recall if she gave him the “release” he wanted but Mr. Moyer finally gave up trying to arouse her. She said that she moved to her futon to go to sleep. But then Mr. Moyer again tried to make her aroused. She said that she believes he eventually became “disgusted” with her because she “would not perform the way he wanted [her] to.” She stated that the next day, she and Mr. Moyer left the island. She stated that she was 15 years old at the time of this incident. • Student #3 said that she felt “defiled and betrayed.” She stated that she could not speak to Mr. Moyer again after the incident. She never went back to Miyake. She did not recall Mr. Moyer ever reaching out to her again. • Student #3 stated that when she returned from Miyake, her mother knew that something was wrong. She said that she had gotten to a “pretty dark place” and had “mentally checked out from life.” She stated that she did not tell anyone at ASIJ what had happened with Mr. Moyer. • Student #3 stated that she does not recall much more about the second half of her 10th grade year (i.e., winter and spring of 1976), except for “partying heavily.” She would come home inebriated. She stated that she became heavily involved with drugs. She said that she “does not recall much” about 11th or 12th grade and that she was “high” “pretty much every day” during those years. She said that she was in what was considered “a bad crowd.” She thought she had great friends. Student #3 recalled her father saying that he thought he was a 4 Student #3 – Memorandum of Statement successful parent until she came along. She said that she made life very difficult for her mother and father. • Student #3 did not recall going on school field trips in 11th or 12th grade. She recalled that she got in trouble with the band and was suspended from school for a couple of days. When asked by Ropes, Student #3 stated that she did not know if Mr. Moyer interceded and tried to help her.3 • Student #3 stated that in coming forward, she is trying to “deal with [her] anger.” • Student #3 stated that she found out about the investigation into Mr. Moyer’s conduct when a former neighbor called her in April 2104. Student #3 had not kept in touch with ASIJ and did not know about any communication regarding Mr. Moyer. Her former childhood neighbor told her about an ASIJ alumni Facebook page that discussed Mr. Moyer. Student #3 stated that she read the entire Facebook page and then read Student #1’s blog, where she said she learned that “there had been reports to the school.” She stated that she had never previously contacted the school because she had never told her parents about what happened and that she never wanted them to find out. • Student #3 stated that she wrote a letter to ASIJ. She said that the school asked if she would like to talk to them. She said that she did not want to talk with them because she “was so mad.” She said that she was “so angry to find out about other girls.” She stated, “You can forgive an insane mind (Moyer’s.) It is hard to forgive people that deliberately put us in front of him.” She said the ASIJ administration essentially fed children to a wolf. 3 Subsequent to the September 2014 Ropes interview, Student #3 learned that Mr. Moyer wrote a letter to Head of School #2, requesting that Head of School #2 reconsider the decision to ban Student #3 from overnight activities. In the letter, Mr. Moyer stated that he would “guarantee [Student #3’s] good behavior.” Student #3 was completely unaware that Mr. Moyer had written to Head of School #2 about her, and was extremely shocked when she learned of this. This letter is more fully detailed in the Ropes and Gray report. 5 Student #4 – Memorandum of Statement Interview of: Student #4 Crew Janci LLP1 Fremont Place II 1650 NW Naito Parkway Portland, Oregon 97209-2534 Date of Ropes Interview: Monday, September 8, 2014 Date Edited2 for Publication: Thursday, June 12, 2015 ______________________________________________________________________________ On September 8, 2014, Ropes & Gray LLP (“Ropes”) interviewed Student #4 at the offices of Crew Janci LLP (“Crew Janci”) in Portland, Oregon. The interview was conducted as part of Ropes’ independent investigation into allegations of sexual misconduct by former American School in Japan (“ASIJ”) teacher Jack Moyer. Also in attendance were Student #4’s counsel at Crew Janci, as well as counsel to ASIJ. The interview with Student #4 lasted for approximately forty-five minutes. This memorandum summarizes the interview. It is not a verbatim transcript. Student #4 and her counsel have had the opportunity to review and edit this draft to ensure that it accurately captures Student #4’s statement. ASIJ and the Friends of the American School in Japan, Inc. have agreed that any statement to Ropes by Student #4, including any notes of that statement, and any summary of that statement, including this summary, or any form in which Student #4’s statement is included in the investigation report prepared for the ASIJ Board of Directors, will be inadmissible in any subsequent litigation, and may not be used for impeachment purposes in any subsequent litigation. • Ropes and counsel for ASIJ each introduced themselves to Student #4. Ropes explained that they have been engaged by ASIJ’s Board of Directors (“the Board”) to conduct an independent investigation of the facts surrounding allegations of sexual misconduct by Jack Moyer. Ropes explained that they will produce a report for the Board at the conclusion of its investigation. • Ropes thanked Student #4 for her participation in the interview. Ropes told Student #4 that it was fine to take a break during the interview if she needed one and asked her to let him know if this was the case. • Before beginning the interview, Ropes gave ASIJ’s counsel the opportunity to explain her role. ASIJ’s counsel explained that while Ropes has been retained to conduct an independent investigation, she represents ASIJ generally. She told Student #4 that she had been invited by Crew Janci to attend the interview purely to observe and listen, and thanked Student #4 on behalf of the Board for participating in the interview. 1 Formerly O’Donnell Clark & Crew LLP (“OC&C”). 2 Student #4 has had an opportunity to review and edit this statement prior to the June 2015 publication of the Ropes and Gray Report by the American School in Japan Board of Directors. These edits were made to ensure protection of Student #4’s privacy, as well as the privacy of others mentioned within Student #4’s statement. 1 Student #4 – Memorandum of Statement • Student #4 was born in 1958. She and her family moved to Tokyo when she was six years old. She attended ASIJ from either kindergarten or first grade through halfway through her senior year in high school. She did not attend ASIJ continually throughout this period. • Student #4 that Mr. Moyer was her 7th grade teacher for the Japan Lands and People (“JLAP”) class. She said that before 7th grade, she only knew of Mr. Moyer from her older sibling. Student #4 did not recall hearing any rumors about Mr. Moyer being creepy. • As part of the JLAP class, Student #4 went to Miyake for one week in the spring of her 7th grade year. She stated that Mr. Moyer showed her a lot of affection on that trip which she described as "out of the typical student-teacher relationship.” The inappropriate touching began with Moyer massaging her feet at the entrance to his home, holding hands and rubbing her back. Student #4 said that Mr. Moyer showed affection to a lot of students and described him as very “gushy.” • Student #4 said that, in general, Mr. Moyer was “always speaking affectionately.” She said that she considered herself one of Mr. Moyer’s “groupies.” She said that he was especially affectionate and friendly to her. • Student #4 said that, after the 7th grade Miyake program, Mr. Moyer invited her to return to the island for the summer after her 7th grade year. She did not go because she and her family were leaving Japan for the summer. She said that she did not know whether other students were also invited to return to Miyake. • Student #4 stated that, when she was in 8th grade, Mr. Moyer coached her basketball team. She said that she stopped in at his office frequently to chat with him. She said that, in her 8th grade year, Mr. Moyer was always putting his hands on her shoulders, but that it seemed friendly and not sexual at that point. He engendered trust. • Student #4 stated that, during the school year and in the summer after 8th grade, she visited Miyake at Mr. Moyer’s invitation. She said that she did not have to fill out a school permission slip in order to go to Miyake and that typically she would go to the island for a full month in the summer. She stated that she went to Miyake “many, many times.” She stated that she was not subjected to sexual touching by Mr. Moyer during her 8th grade summer. • Student #4 said that her parents thought that Mr. Moyer was a great teacher and they never questioned what was going on. • In 9th grade, Student #4 moved into a dormitory close to ASIJ because her parents lived an hour and a half away from the school. Student #4 said all of the students who lived at the dorm were ASIJ students. • Student #4 stated that her dorm was close to Mr. Moyer’s home. She said that he began to invite her to walk his dogs in the morning. She said that typically she would meet him at his house to walk the dogs. She recalled that, on one occasion, she knocked on the door and Mr. Moyer said that he was not yet ready. He invited her to come in and, when she did, he was lying in bed. She said that he asked her to rub his abdomen, which she did. She said that he later said to her, “That’s not the kind of massage you would talk to your parents about, right?” She said that she replied “OK.” She said that she was in 9th grade and was 13 years old. She stated that Mr. Moyer did not touch her on this occasion. 2 Student #4 – Memorandum of Statement • Student #4 said that, shortly thereafter, Mr. Moyer invited her inside his home again and this time, asked her to touch his penis and to masturbate him. This then led to Mr. Moyer having her perform oral sex on him. From that point on, this became a “regular” occurrence. She said that these incidents would happen mostly in the morning and the frequency was a few times per week. She stated: “It just became what happened.” • Student #4 stated that she did not tell any of her friends or anyone at the dorm about Mr. Moyer. She recalled that Mr. Moyer stopped by her dorm on one occasion to see if she wanted to go on a walk. She said that she hid from him, hoping that he would go away. She recalled that a high school student at the time who lived at the dorm told her not to hide and to just tell Mr. Moyer that she did not want to go with him. Student #4 said she hid from Mr. Moyer because she didn’t know how to say no to him and was embarrassed because she couldn’t say no. • Student #4 stated that Mr. Moyer took her to many restaurants for dinner, and also took her to night clubs and jazz clubs. She said that he would often buy her food and beer. • Student #4 stated that she never saw Mr. Moyer have any relationship with any other girls until early into her 9th grade year when, she said, Mr. Moyer was already abusing her. She recalled a friend of hers telling her one morning that she was angry because Mr. Moyer had fondled her [friend’s] breasts during the night. • Student #4 said that Mr. Moyer had her perform oral sex on him and he performed oral sex on her “all the time.” She said that they did not have intercourse until her senior year of high school when she began living with him. • Student #4 stated that she came to live with Mr. Moyer during her senior year because he offered her his extra bedroom for cheap rent. She said that her parents thought that he was a nice teacher and that the situation was convenient. • Student #4 stated that she had a good relationship with her parents. She said that she did not tell them that Mr. Moyer was having sex with her. She said that she never told anyone about it. She said that Mr. Moyer had given her the clear message that it was a “taboo secret.” • Student #4 recalled that when she was living with Mr. Moyer, a math teacher came over to visit one day. She said that the teacher was friendly, and that they chatted for a few minutes before he left. • Student #4 did not know if any other students or faculty knew that she was living with Mr. Moyer. She said Mr. Moyer’s home was in a neighborhood where many other teachers lived. • Student #4 said that while she was living with Mr. Moyer, she walked to school every day. She did not recall whether she and Mr. Moyer walked to school together. She stated that they ate out a lot and Mr. Moyer took her to fancy restaurants. • Student #4 said that, after she was living with Mr. Moyer, he began having sexual intercourse with her. She said that she felt oppressed by Mr. Moyer. She said that he was “very needy.” She stated that Mr. Moyer’s “sexual drive” was more than she could handle at age 16. She said that she felt “uncomfortable” and “stifled” by the attention he paid her and the whole situation of her living with him. 3 Student #4 – Memorandum of Statement • Student #4 said she could not continue in the situation with Mr. Moyer. She looked for other living arrangements but could find nothing suitable that she could afford. She stated she had to get out of the situation with Mr. Moyer and said that she told her parents that she wanted to complete school by correspondence. She stated that she did not have to meet with any guidance counselors at the school before she left. She stated that she did not tell Mr. Moyer why she was leaving. • Student #4 said that, soon after Mr. Moyer began to be sexually involved with her during her 9th grade year, she began to distance herself from friends in her class and gravitated toward an older crowd. As a freshman, she said she would hang out with juniors and seniors. She said that, by 12th grade, all of her friends had graduated and she did not know anyone. • Student #4 said that, after she left ASIJ, she worked at a “nice jazz restaurant.” She stated that Mr. Moyer frequented the restaurant and that he invited her many times to visit Miyake. She said that he never discussed her leaving his home; he just continued to invite her to visit him. She didn’t take him up on his offers to go to Miyake or to go out with him. She distanced herself from him. She recalled the restaurant owner commenting that it looked like Mr. Moyer was in love with her. • Student #4 stated that she decided to come forward because, from what she has been told, many people spoke to the school about Mr. Moyer and nothing was done to stop him. She said that she thinks it is important that the school change its policies and is “held accountable” if it “turned a blind eye.” 4 Student #5 – Memorandum of Statement Interview of: Student #5 Crew Janci LLP1 Fremont Place II 1650 NW Naito Parkway Portland, Oregon 97209-2534 Date of Ropes Interview: Monday, September 8, 2014 Date Edited2 for Publication: Wednesday, June 11, 2015 ______________________________________________________________________________ On September 8, 2014, Ropes & Gray LLP (“Ropes”) interviewed Student #5 at the offices of Crew Janci LLP (“Crew Janci”) in Portland, Oregon. The interview was conducted as part of Ropes’ independent investigation into allegations of sexual misconduct by former American School in Japan (“ASIJ”) teacher Jack Moyer. Also in attendance were Student #5’s counsel at Crew Janci, as well as counsel to ASIJ. The interview with Student #5 lasted for approximately one hour and fifteen minutes. This memorandum summarizes the interview. It is not a verbatim transcript. Student #5 and her counsel have had the opportunity to review and edit this draft to ensure that it accurately captures Student #5’s statement. ASIJ and the Friends of the American School in Japan, Inc. have agreed that any statement to Ropes by Student #5, including any notes of that statement, and any summary of that statement, including this summary, or any form in which Student #5’s statement is included in the investigation report prepared for the ASIJ Board of Directors, will be inadmissible in any subsequent litigation, and may not be used for impeachment purposes in any subsequent litigation. • Ropes and counsel for ASIJ each introduced themselves to Student #5. Ropes explained that they have been engaged by ASIJ’s Board of Directors (“the Board”) to conduct an independent investigation of the facts surrounding allegations of sexual misconduct by Jack Moyer. Ropes explained that they will produce a report for the Board at the conclusion of its investigation. • Ropes thanked Student #5 for her participation in the interview. Ropes told Student #5 that it was fine to take a break during the interview if she needed one and asked her to let him know if this was the case. • Before beginning the interview, Ropes gave ASIJ’s counsel the opportunity to explain her role. ASIJ’s counsel explained that while Ropes has been retained to conduct an independent investigation, she represents ASIJ generally. She told Student #5 that she had been invited by Crew Janci to attend the interview purely to observe and listen, and thanked Student #5 on behalf of the Board for participating in the interview. 1 Formerly O’Donnell Clark & Crew LLP (“OC&C”). 2 Student #5 has had an opportunity to review and edit this statement prior to the June 2015 publication of the Ropes and Gray Report by the American School in Japan Board of Directors. These edits were made to ensure protection of Student #5’s privacy, as well as the privacy of others mentioned within Student #5’s statement. 1 Student #5 – Memorandum of Statement • Student #5 stated that she was born in Tokyo. Student #5 said that she attended ASIJ from 1st to 5th grade, and from 7th grade through high school. • Student #5 stated that she met Jack Moyer for the first time when she was in 7th grade (1971 – 1972). She recalled that she had gone to school wearing a short red dress. She stated that she was standing alone by the lockers and Mr. Moyer came up to her and told her how nice she looked. She stated that she thought Mr. Moyer’s comments were “strange” and said that she never wore that same outfit to school again. • Student #5 said that Mr. Moyer was her teacher for Japan Lands and People (“JLAP”) class in 7th grade. • As part of the Japan Lands and People (JLAP) class, Student #5 participated in the week-long Miyake program during the school year (i.e., spring 1972). She recalled that during the Miyake trip, Mr. Moyer would “dump” kids out of their sleeping bags in a playful way, by picking up the sleeping bag and turning it over so that the student would fall out. She recalls being dumped out of her sleeping bag by Mr. Moyer and stated that he did the same to a lot of other kids. • Student #5 said that the students in the Miyake program stayed at a local inn or at Mr. Moyer’s house, and then switched places half-way during the week. She recalled staying at the inn for the first half of the week and then moved to Mr. Moyer’s house for the second half. Student #5 described the house as a three-room tatami-floor house. She explained that there were three sleeping rooms; the boys slept in one room, the teachers in another room, and the girls in the third room. She said that Mr. Moyer told the students who stayed at the house a story about a local shrine. She said that everyone knew about the shrine story and that she knew about this story before she went on the Miyake program. • Student #5 did not recall if any other ASIJ faculty or administrator attended the school-year Miyake program. She mentioned that the wife of one of the school guidance counselors may have attended. There were chaperones, but she doesn’t remember who they were. • Student #5 stated that after the school-year Miyake program, she was invited back to Miyake that summer (i.e., summer 1972) to participate in a tidal pool study. She did not recall how she was invited to participate in the study, but thought that she may have received a verbal invitation. She recalled having friends who went back to Miyake with her that summer. Student #5 stated that, other than Mr. Moyer, she did not recall there being any other adults on Miyake with them at that time. • Student #5 said that one night, she had made rice, and Mr. Moyer took her aside and told her she was special and different from the other girls. She stated that Mr. Moyer would give foot rubs and back rubs to the girls, but that “it was part of being there.” She explained that “it was part of the landscape; after a while you expected to have foot rubs and back rubs.” • Student #5 said that during that summer the students would often sing and that Mr. Moyer commented on how she always tended to take the harmony line. She said that he told her it was an indication that she would be a good jazz pianist and he offered to give her piano lessons. • Student #5 said that Mr. Moyer convinced her parents that he should teach her piano. Student #5 said that Mr. Moyer began to give her piano lessons during her 8th grade year (i.e., 1972 – 2 Student #5 – Memorandum of Statement 1973). She said that he would come by her family’s home once a week for a family dinner followed by a piano lesson. • Student #5 recalled that Mr. Moyer took her on “music education field trips.” She recalled him taking her to three different locations: a “dark, smoky jazz hall” in downtown Tokyo; an Ike and Tina Turner concert; and a nightclub. She recalled feeling uncomfortable when Mr. Moyer took her to the nightclub because there were naked ladies dancing behind screens. She said that she did not tell her parents about that experience. • Student #5 stated that, on another occasion, she recalled going out to dinner with Mr. Moyer to a specialty restaurant where they ate puffer fish. She said that Mr. Moyer occasionally took students out to dinner on Miyake. • Student #5 stated that, during the spring of her 8th grade year (i.e., spring of 1973), Mr. Moyer invited her to take SCUBA lessons. She said that she needed glasses, and that Mr. Moyer purchased prescription goggles for her to wear when she was SCUBA diving. She said that her parents knew that he had purchased the prescription goggles for her. She stated that it was understood that if she got her SCUBA license that she could go back to Miyake to dive. • Student #5 stated that she and a classmate of hers were invited to return to Miyake in the May of 1973 when she was in the 8th grade.3 She recalled that the purpose of the trip was her ocean dive certification. A sinus infection had prevented her from completing the ocean dive with the rest of her class on a previous trip. • Student #5 said that Mr. Moyer’s house was full when they arrived on the island and so they stayed at the inn. She stated that the following night, just the three of them (i.e., her friend, Student #5, and Mr. Moyer) stayed at Mr. Moyer’s house. They set up all three beds (futon) in the same room, which made sense to Student #5 because there were only three of them. • Student #5 reported that during that night she was woken up by Mr. Moyer. She reported that he was kissing her, groping her breasts under her shirt, her back, and buttocks. She said that in the morning, he was lying next to her with his hand under her shirt on her breast. She believed that her friend saw Mr. Moyer touching her breast but did not say anything about what she saw in the morning. Student #5 said that she thought that Mr. Moyer loved her. • Student #5 stated that the next time that she went to Miyake (i.e., June 1973), Mr. Moyer told her that he had a special place that he wanted to show to her. He said that he had made special places for other girls in the past. She stated that he took her to a tree under which was a bottle with a letter inside. The letter said that there had never been anyone like her, and it discussed her body, including the length of her fingers and her toes. She described the letter as a “densely typewritten love letter.” Mr. Moyer told her he would write more letters and would let her know when there were new letters under the tree. She said that Mr. Moyer left enough letters for her to fill the bottle, but that on her last trip (i.e., spring of 1976), when she went with her now-husband to retrieve the bottle, it was gone. When she confronted Mr. Moyer about the bottle, he admitted to having removed it. 3 Some of the dates in Student #5’s interview have been corrected and are therefore different than as listed in the September 2014 interview; this is because subsequent to the September 2014 interview, Student #5 discovered dated photos that indicated a slightly different timeline of events. 3 Student #5 – Memorandum of Statement • Student #5 stated that she went out to Miyake for a month during the summer after 8th grade (i.e., summer 1973). She thinks she was invited to do research. She became friends with other students who were there. • Student #5 stated that during the trip to Miyake in the summer after 8th grade, the back rubs and foot rubs from Mr. Moyer continued. She stated that Mr. Moyer also taught them how to drive his Jeep. She said that every day Mr. Moyer would go into town to pick up the mail and supplies, and someone would be invited to go with him. She said that he would teach them how to shift gears by reaching over to the passenger seat and squeezing their thighs when it was time to shift gears. • After the basic gear shifting was mastered, Mr. Moyer would have the students sit in his lap while driving on the island’s dirt trails. One time, the lesson ended very abruptly when an islander appeared on the dirt track. Student #5 recalled that sometimes she was alone with Mr. Moyer when he taught her how to drive the Jeep, and sometimes not. Student #5 recalled sitting on Mr. Moyer’s lap three to five times while learning to drive the Jeep. • Student #5 recalled that, during the time of abuse, Mr. Moyer tried to get her to start dating relationships with two classmates who were Miyake regulars. She told Mr. Moyer that she wasn’t interested in dating and Mr. Moyer became very angry with her. • Student #5 said that in 9th grade, she often ate lunch in Mr. Moyer’s office at ASIJ and she described herself as one of Mr. Moyer’s “groupies.” She recalled that her friends also ate lunch in Mr. Moyer’s office. • Student #5 recalled one day, in January or February of 1974 (i.e., the winter of her 9th grade year), when her brother came home to fetch her because Mr. Moyer wanted her to come to the school pool because a teacher had almost drowned. She reported that when she arrived at the pool, the teacher was fine. She said that Mr. Moyer took her to the deep end of the pool, away from everyone else, and began confiding in her. He was very agitated and told her about a former student whom he had called numerous times. He said that the last time he called, a man had answered the phone and that Mr. Moyer was “reeling” as a result. She said that Mr. Moyer told her that he had been in a sexual relationship with the woman and showed Student #5 a button that he said he had torn off of her jeans when they were on a beach together. Student #5 reported that Mr. Moyer told her that he wanted to continue his relationship with the woman but that there was another man in the woman’s life now. • Student #5 stated that she was surprised when Mr. Moyer confided in her because it was “not what you’d expect a teacher to tell you.” She said that she did not tell anyone what happened. • Student #5 said that going to Miyake was a “fairly common” occurrence. She recalled Mr. Moyer had jackets made for them with “Toga Farm” (the name of his farm on Miyake) written on them. She said that the jackets were navy blue with white embroidery. Mr. Moyer had one as did one of Student #5’s friends. Student #5 was not sure who else had a jacket. • Student #5 stated that, during the summer of her 9th grade year (i.e., summer of 1974), she lived on Miyake for a month continuing her diving and research. Her friends were also on the island. 4 Student #5 – Memorandum of Statement • Student #5 reported that at one point during the visit, Mr. Moyer walked in on her while she was taking a shower. She said that he apologized, but stood in the doorway for “too long” while he was apologizing. • Student #5 reported that there were many other incidents with Mr. Moyer during that trip. She did not recall how many, but estimated there were at least ten. She said that the incidents became much “harder” and “scarier” than the first incident (i.e., the incident during the spring of 1973), including groping breasts, inserting fingers into her genitals, and making her touch his genitals. • Student #5 stated that she went home at the end of that summer (1974) as scheduled. She wrote a letter to Mr. Moyer telling him that she did not want him to ever touch her again. She said that she heard from a friend of hers who went on the mail run with Mr. Moyer that he was happy to receive her letter and then livid when he read it. • Student #5 said that she never told her parents about what happened with Mr. Moyer. She said that starting in her 10th grade year, she went into “retreat,” did not talk with many of her friends, became very introverted and quiet, and was very unhappy. • Student #5 stated that during her tenth grade year (i.e., fall 1974 – spring 1975) she did not tell anyone about what happened with Mr. Moyer. She reported that Mr. Moyer came to speak with her parents during her 10th grade year. She said that her father told her Mr. Moyer was worried because she was acting very withdrawn and was not talking to anyone at school. • Student #5 said that she told her now-husband in the spring of 1976 that she had been abused by Mr. Moyer. She said that neither one of them told anyone else about it at that time. • Student #5 stated that Mr. Moyer invited her to Miyake during the spring of her junior year (i.e., spring of 1976) to help set up for the 7th grade Miyake program later that spring. She said that she told Mr. Moyer she would go if her now-husband could also. Student #5 said that her now-husband kept his bed (futon on tatami floor) positioned between Student #5’s and Mr. Moyer’s beds for the entire trip to protect her during the night. • Student #5 said that she returned to Japan in the spring of 1979 to introduce her daughter to her family. She stated that shortly before that trip or sometime soon after her return to the U.S., her husband convinced her that they had a “moral obligation” to tell the school about Mr. Moyer’s abuse, to prevent it from happening to others. She said that it was “too hard” for her to do it, so her husband did. • Student #5 said that her husband typed a letter to Principal #2, and informed Principal #2 that Moyer had sexually abused her. She said that her husband did not request that Mr. Moyer be fired. He asked that changes be made so that other girls would be protected. • Student #5 said that Principal #2 wrote back asking for details, and so Student #5 had to respond. She said that she wrote to Principal #2 that she had been kissed a lot, that her body had been handled extensively, and that she had been made to touch Mr. Moyer’s genitals. She said that they received a response from Principal #2. She recalled three things about Principal #2’s response. She said that Principal #2 said that he had confronted Mr. Moyer, that they would make changes, and that he had heard similar allegations from another student. 5 Student #5 – Memorandum of Statement • Student #5 stated that after their correspondence with Principal #2, they thought that they had “done their job” to help protect other children from Mr. Moyer and they “retreated” from ASIJ. • Student #5 stated that she came forward now because “we thought we had done our job then” but the job wasn’t done because ASIJ continued to let Moyer have access to young girls and he went on sexually abusing kids for years. She said that she would like “an apology to all of the other girls” and said that “they never should have been hurt.” • Student #5 also stated that she and her husband read Principal #2’s 20 Facebook post in which he claimed that he had not been notified about Mr. Moyer’s sexual abuse. She said that it was very upsetting to know that Principal #2 had “concrete notice” and that he did not acknowledge it. 6 Student #8 – Memorandum of Statement Interview of: Student #8 Crew Janci LLP1 Fremont Place II 1650 NW Naito Parkway Portland, Oregon 97209-2534 Date of Ropes Interview: Tuesday, September 9, 2014 Date Edited2 for Publication: Thursday, June 12, 2015 ______________________________________________________________________________ On September 9, 2014, Ropes & Gray LLP (“Ropes”) interviewed Student #8 at the offices of Crew Janci LLP (“Crew Janci”) in Portland, Oregon. The interview was conducted as part of Ropes’ independent investigation into allegations of sexual misconduct by former American School in Japan (“ASIJ”) teacher Jack Moyer. Also in attendance were Student #8’s counsel at Crew Janci, as well as counsel to ASIJ. The interview with Student #8 lasted for approximately one hour and ten minutes. This memorandum summarizes the interview. It is not a verbatim transcript. Student #8 and her counsel have had the opportunity to review and edit this draft to ensure that it accurately captures Student #8’s statement. ASIJ and the Friends of the American School in Japan, Inc. have agreed that any statement to Ropes by Student #8, including any notes of that statement, and any summary of that statement, including this summary, or any form in which Student #8’s statement is included in the investigation report prepared for the ASIJ Board of Directors, will be inadmissible in any subsequent litigation, and may not be used for impeachment purposes in any subsequent litigation. • Ropes and counsel for ASIJ each introduced themselves to Student #8. Ropes explained that they have been engaged by ASIJ’s Board of Directors (“the Board”) to conduct an independent investigation of the facts surrounding allegations of sexual misconduct by Jack Moyer. Ropes explained that they will produce a report for the Board at the conclusion of its investigation. • Ropes thanked Student #8 for her participation in the interview. Ropes told Student #8 that it was fine to take a break during the interview if she needed one and asked her to let him know if this was the case. • Before beginning the interview, Ropes gave ASIJ’s counsel the opportunity to explain her role. ASIJ’s counsel explained that while Ropes has been retained to conduct an independent investigation, she represents ASIJ generally. She told Student #8 that she had been invited by Crew Janci to attend the interview purely to observe and listen, and thanked Student #8 on behalf of the Board for participating in the interview. 1 Formerly O’Donnell Clark & Crew LLP (“OC&C”). 2 Student #8 has had an opportunity to review and edit this statement prior to the June 2015 publication of the Ropes and Gray Report by the American School in Japan Board of Directors. These edits were made to ensure protection of Student #8’s privacy, as well as the privacy of others mentioned within Student #8’s statement. 1 Student #8 – Memorandum of Statement • Student #8 was born in the United States in 1961. She said that her family moved to Japan in early November 1970, when she was in the 4th grade. She said that she attended ASIJ from 4th grade (i.e., fall of 1970) through 9th grade (i.e., 1976 – 1977). Her family left Japan at the end of her freshman year in high school. • Student #8 stated that she first met Mr. Moyer when he was her teacher for JLAP in 7th grade. She loved JLAP. She stated that she had not heard any rumors about Mr. Moyer before she started 7th grade, but that when she was in 7th grade, after she went on the school trip to Miyake, she heard rumors that Mr. Moyer had inappropriately touched girls. She stated that these rumors came either from her classmates or girls in the class one year ahead of her. She said in her mind these rumors referred to what she saw as Mr. Moyer being “huggy” and “touchy.” She stated that, in JLAP class, Mr. Moyer had “favorites” and it was typical that he would give his favorite students big hugs. Student #8 stated that she was one of Mr. Moyer’s “favorites.” • Student #8 referred to Mr. Moyer as “like a father figure” and stated that he was her father’s age. • Student #8 recalled a “campaign” in 7th grade that stemmed from a “no touching rule,” which ASIJ had adopted on page 54 of the school handbook. She stated that students would walk around touching each other and saying “page 54” as they did so. Student #8’s recollection was that the “no touching rule” had to do with peer-to-peer touching (e.g., no kissing in the hallway). • Student #8 did not recall any inappropriate contact between her and Mr. Moyer prior to her 7th grade school trip to Miyake. She stated that, as a 7th grader, she did not think that it was crossing a line to get a “bear hug” from Mr. Moyer when she walked into his classroom. • Student #8 stated that she visited Miyake in 7th grade as part of the school’s Miyake program. She stated that half of the students, herself included, stayed at Mr. Moyer’s house, and the other half lodged somewhere else. Student #8 described her 7th grade trip to Miyake as a “good experience.” She said that she was affectionately nicknamed the “top ten queen” by her classmates because she was the most naïve kid on the block, and asked many naïve questions about things she saw on the island. She explained that she had never seen a cow and had never been on a farm before her trip to Miyake. • Student #8 said that a teacher attended her 7th grade Miyake trip. She said that, at the time, she thought that the teacher was Mr. Moyer’s girlfriend. She also stated that several high school students were on the trip. • Student #8 stated that Mr. Moyer massaged her feet on that trip. She stated that he would often massage girls’ feet or was “huggy” with them. She said that Mr. Moyer didn’t do anything more to her than foot rubs and hugs during that trip. • Student #8 stated that after her first Miyake trip, she began to spend time with Mr. Moyer outside of the JLAP class, in Mr. Moyer’s classroom. Student #8 stated that some people noticed and thought it was odd when she started to spend more time with Mr. Moyer. Mr. Moyer was a role model and someone she really looked up to and was really into marine biology. 2 Student #8 – Memorandum of Statement • Student #8 said that, after her 7th grade Miyake trip, she took SCUBA lessons at Mr. Moyer’s urging. She said that Mr. Moyer taught her SCUBA lessons and that the lessons took place in the school pool. She did not recall whether her parents had to sign a permission slip in order for her to participate in SCUBA class or whether she had to pay for lessons. Student #8 did not remember whether any other teachers were involved with the SCUBA class or if there was an adult who supervised the school pool. • Student #8 said that two 8th grade students took SCUBA lessons with her. Student #8 stated that nothing inappropriate occurred during her SCUBA lessons. Student #8 stated that at the end of the SCUBA class the students did an “open dive” on Miyake. • Student #8 stated that she visited Miyake several times: once on her 7th grade school trip, once for her “open dive” SCUBA trip, and one or two other times. She thought that the last trip occurred in the spring of the 8th grade and before the Miura Peninsula trip. • Mr. Moyer was always “huggy” and walked around with his arms around girls. Student #8 stated that during her “open dive” drive to Miyake, she remembered one occasion where Mr. Moyer was being “huggy” and his arm fell and landed on her breast. She said that there were other girls present and that the girls told her, “that happens with [Mr. Moyer].” Student #8 said that she “shrugged [Mr. Moyer’s hand] off [her breast].” • Student #8 stated that she visited Miyake in the summer after 7th grade. She said that other students, including Student #5, were also there, along with Mr. Moyer. She said that they “had fun” and went scuba diving during the day, and listened to Mr. Moyer’s music at night. • Student #8 said that when she visited Miyake for a SCUBA trip, she studied fish. She recalled studying a black fish, but could not recall the name of the fish. • Student #8 stated that, on her early trips to Miyake, she did not witness any behavior by Mr. Moyer which she thought was inappropriate, but she thought that Mr. Moyer may have been sleeping with one of the girls. There were three rooms and not all of the girls were in the same room with her, so now looking back she thinks there must have been something going on. • Student #8 stated that whenever she was around Mr. Moyer, she “was his favorite.” She said that she had a feeling that Mr. Moyer was with someone else because on those trips to Miyake, he did not treat her as if she were his “favorite.” • Student #8 said that during one of her trips to the island two college students came back for the summer to study with Mr. Moyer. She said that not all of the girls slept in the same room as she did and some of the girls slept in the same room as Mr. Moyer. • Student #8 recalled that during her 8th grade year, she and a classmate would hang out in Mr. Moyer’s office. She stated that she, the classmate, and Mr. Moyer liked mint chip ice cream and that Mr. Moyer would purchase a gallon of ice cream once a week for the three of them to share. Student #8 stated that the classmate’s mother became the at ASIJ. Student #8 stated that she thought the classmate was a “missionary kid” and she did not think that the classmate had been to Miyake. • Student #8 stated that Mr. Moyer was her biology teacher in 8th grade. She recalled that his tests were “funny,” noting that he would give “multiple choice” tests and often included a 3 Student #8 – Memorandum of Statement silly, obviously incorrect response as one of the possible answers. She said that she thinks she was also on the basketball team and Mr. Moyer was her coach. • Student #8 said that, in 8th grade, she went on a trip to the Miura peninsula with Mr. Moyer and several other students. She did not recall the purpose of the trip, but said that it was a school trip. She said that it was not a SCUBA trip, and thought that they may have visited a museum. She stated that the trip was a school field trip because the other students on the trip were not her usual group of friends. She said that Mr. Moyer was the only adult who attended the trip. • Student #8 stated that, at night, everyone on the trip slept in “one big tatami room” with their sleeping bags lined up across the floor. She stated that one night she slept next to Mr. Moyer. She said that she woke up during the night to find Mr. Moyer “cuddling” up next to her. She said that his hands were under her pajamas, fondling her breasts, and he was kissing her. She stated that she was still waking up and it took her a while to realize what was happening. When she realized it was Moyer, her teacher, kissing and fondling her breasts and running his hand down her legs, she was sickened by it. She said that she rolled over to try to get away from him and he “cuddled up” behind her. She would have liked to have slapped him and yelled. She stated that it was “easier to play dead” and pretend that she did not know what was happening. She stated that Mr. Moyer continued to move his hands on her body, fondling her between her legs and touching her genitals. She said that she is not sure if Mr. Moyer put his fingers inside of her vagina. She was in 8th grade and had not yet had her period. She wasn’t aware of her body at that age. She recalled lying there for what seemed like forever waiting for him to stop and said that she stayed awake for what seemed like the entire night hoping that he wouldn’t attack her again. • Student #8 stated that, the next morning, she got up early and tried to avoid Mr. Moyer. She said that at some point, he caught up with her and put a note in her hand apologizing for what had happened. She said that Mr. Moyer indicated that he did not mean for it to happen and that sometimes guys do this kind of thing in their sleep and she recalled thinking to herself that his explanation sounded akin to sleep-walking. She said that the note said something to the effect of: “[Student #8], I apologize for what happened last night. I didn’t mean to do it. Jack.” She said that he told her that he was sorry. She said that she saved the note because she was afraid that someone would find the note if she threw it away. She stated that she did not tell anyone what happened. She stated she couldn’t confront him because he was a teacher and someone she had looked up to. The alternative was to think that she somehow caused him to do something like that. After that happened, she completely changed her social circle and stopped hanging out in Moyer’s classroom. • Student #8 stated that she went to Miyake again during the spring of 8th grade (i.e., spring 1975). She recalled that a friend accompanied her. • Student #8 recalled visiting Mr. Moyer’s home near the school either in the spring of 8th grade or the fall of 9th grade (i.e., 1975). She stated that she recalled seeing something at Mr. Moyer’s home that made her think that Mr. Moyer was living with a high school girl. She did not recall what she saw exactly but she may have seen him go into his room and seen the girl. She stated that she asked Mr. Moyer about it “because [she] knew it was wrong.” She said that Mr. Moyer told her that the girl’s parents lived far away and that he was helping the girl. Student #8 stated that this was the only time she recalls visiting Mr. Moyer at his home 4 Student #8 – Memorandum of Statement near the school. She stated that, today, she believes the girl that Mr. Moyer was living with was Student #4. • Student #8 stated that she did not socialize with any other teachers outside of school and was not aware of any other students doing so. • Student #8 stated that Mr. Moyer signed her yearbook every year. She said that, one year, he wrote that they had some “neat times” on Miyake, told her to visit him when she went to college, and left his phone number. She described Mr. Moyer’s messages in her yearbook as “gushy,” e.g., “Look forward to seeing you in Miyake next year.” • Student #8 stated that, after 9th grade, she moved to the United States. • Student #8 stated that she never told anyone what Mr. Moyer had done to her. • Student #8 said that, in December 2003, shortly before Mr. Moyer committed suicide, he sent her an email. She said that, at that time, she “roughly knew that there was some other girl,” but she was not sure of the circumstances. Student #8 said that she thought there was another girl because of rumors she had heard in 7th grade of Mr. Moyer inappropriately touching girls. She said that the “gist” of Mr. Moyer’s email was: “Everybody’s coming after me now, but you still believe in me, right?” • Student #8 never responded to Mr. Moyer’s email. • Student #8 said that she showed her husband the note that Mr. Moyer had written to her when she was in 8th grade, which she had kept in her jewelry box. She said that her husband thought that Mr. Moyer’s note was “creepy.” • Student #8 stated that one of the “girls” on Mr. Moyer’s “list” contacted her. She said that Mr. Moyer had her full name and had described what he had done to her. She said that she did not know that she was on “Moyer’s list” until about two weeks ago. She said that she “thought at the time that something had been done” and said that she was “shocked” to learn that “nothing had been done.” Student #8 stated that she remembered Student #12, noting that Student #12 was one year behind her in school. Student #8 said that if she had said something, “it wouldn’t have happened to [Student #12].” This makes her really angry. • Student #8 said that the Board’s March 2014 letter – which said that “they didn’t hear about it until fall of 2013” – was “bullshit.” She said that she is “in this” because of the March 2014 letter from the Board. She is also concerned that Mr. Moyer may have abused “other Japanese kids.” • Student #8 said she wants ASIJ to put policies and procedures in place. She said that the investigation should target students who took SCUBA classes. She also stated that the investigation should reach out to nurses and school counselors. • Student #8 stated that ASIJ is not like a “normal” high school because students come in and out during the school year. She said that she did not receive the March 2014 letter and noted that not every student is on every mailing list. She said that ASIJ should consider trying to reach all students who ever attended the school, even those who did not graduate. 5 Student #8 – Memorandum of Statement • Student #8 stated that Principal #2 was the principal when she attended ASIJ. She stated that it “makes [her] sick that [Principal #2] knew and denies it.” She stated that Head of School #2 was Headmaster during her time at ASIJ. • Student #8 said that she wants to see a copy of the full investigation report. 6 Student #9 – Memorandum of Statement Interview of: Student #9 Crew Janci LLP1 Fremont Place II 1650 NW Naito Parkway Portland, Oregon 97209-2534 Date of Ropes Interview: Monday, September 8, 2014 Date Edited2 for Publication: Thursday, June 12, 2015 ______________________________________________________________________________ On September 8, 2014, Ropes & Gray LLP (“Ropes”) interviewed Student #9 at the offices of Crew Janci LLP (“Crew Janci”) in Portland, Oregon. The interview was conducted as part of Ropes’ independent investigation into allegations of sexual misconduct by former American School in Japan (“ASIJ”) teacher Jack Moyer. Also in attendance were Student #9’s counsel at Crew Janci, as well as counsel to ASIJ. The interview with Student #9 lasted for approximately one hour. This memorandum summarizes the interview. It is not a verbatim transcript. Student #5 and her counsel have had the opportunity to review and edit this draft to ensure that it accurately captures Student #9’s statement. ASIJ and the Friends of the American School in Japan, Inc. have agreed that any statement to Ropes by Student #9, including any notes of that statement, and any summary of that statement, including this summary, or any form in which Student #9’s statement is included in the investigation report prepared for the ASIJ Board of Directors, will be inadmissible in any subsequent litigation, and may not be used for impeachment purposes in any subsequent litigation. • Ropes and counsel for ASIJ each introduced themselves to Student #9. Ropes explained that they have been engaged by ASIJ’s Board of Directors (“the Board”) to conduct an independent investigation of the facts surrounding allegations of sexual misconduct by Jack Moyer. Ropes explained that they will produce a report for the Board at the conclusion of its investigation. • Ropes thanked Student #9 for her participation in the interview. Ropes told Student #9 that it was fine to take a break during the interview if she needed one and asked her to let him know if this was the case. • Before beginning the interview, Ropes gave ASIJ’s counsel the opportunity to explain her role. ASIJ’s counsel explained that while Ropes has been retained to conduct an independent investigation, she represents ASIJ generally. She told Student #9 that she had been invited by Crew Janci to attend the interview purely to observe and listen, and thanked Student #9 on behalf of the Board for participating in the interview. 1 Formerly O’Donnell Clark & Crew LLP (“OC&C”). 2 Student #9 has had an opportunity to review and edit this statement prior to the June 2015 publication of the Ropes and Gray Report by the American School in Japan Board of Directors. These edits were made to ensure protection of Student #9’s privacy, as well as the privacy of others mentioned within Student #9’s statement. 1 Student #9 – Memorandum of Statement • Student #9 was born around 1960. She moved to Japan when she was four years old. Student #9 stated that she is not married, does not have children, and lives alone. • Student #9 stated that she attended ASIJ from 1st grade through high school graduation in the 11th grade. She said that she graduated one year early from ASIJ. She described ASIJ as “[her] school” and called it the “only school [she’s] ever known.” When she graduated from high school, she returned to the United States. • Student #9 stated that she first had Mr. Moyer as a teacher in 7th grade for the Japan Lands and People (“JLAP”) class. She said that JLAP was a required class for 7th graders, as was the Miyake program, which was part of the JLAP class. • Student #9 did not recall having heard of Mr. Moyer prior to having him as a teacher in 7th grade. She said that she had gone on another field trip with ASIJ in 6th grade as part of the KEEP program to other parts of Japan. She stated that she had heard about the Miyake program before she entered 7th grade, but she had not heard anything about Mr. Moyer. She said that she was not a “favorite” of Mr. Moyer but noticed his favorites at the time. She said that, in retrospect, his favorites were almost all girls. • Student #9 stated that she went to Miyake as part of a 7th grade school trip in the spring of 1973. She celebrated her 13th birthday during that trip. She shared a picture of herself on Miyake eating cake on her birthday. She said that two other ASIJ students are in the photograph with her. She said that she received an extra cow ring from Mr. Moyer for her birthday. • Student #9 said that after that Miyake trip, Mr. Moyer gave her a store-bought photo album containing pictures of her trip. She recalled that he made her feel special. She said that the album contained pictures of her, Miyake, Mr. Moyer, other students, and the shrine on the island. She said that her brother retrieved the spoon from the shrine, a challenge that Mr. Moyer made to students during the Miyake trip. • Student #9 stated that, during the 7th grade Miyake program, half of the students stayed at the minshuku (i.e., a guest house/inn), and the other half stayed at Mr. Moyer’s house. She said the two groups switched places halfway through the trip. • Student #9 said that on her 7th grade school trip to Miyake, Mr. Moyer did not do anything inappropriate. She said that she did not suspect anything and trusted Mr. Moyer. • Student #9 stated that her mother insisted that the family leave Japan every summer because of the heat. She said that, in the summer after her 7th grade year, her family stayed with her grandmother in the United States. Student #9 recalled that she “clung” to the photo album Mr. Moyer had given her and took it with her to show to her grandmother. She said that, when the family was connecting flights to return to Japan, she lost the photo album. She stated that she was very upset, but that her mother told her to ask Mr. Moyer for reprints of the photos. She said that, at the beginning of her 8th grade year, she asked Mr. Moyer for reprints of the photos in the album. She stated that he was “furious” at her request and said to her, “You get one chance – you blew it.” Student #9 said that she thought at the time that Mr. Moyer was “done” with her. • Student #9 stated that, during the spring of her 8th grade year (i.e., spring of 1974), Mr. Moyer invited her and her best friend (“Friend #1”) to visit Miyake. Student #9 did not recall 2 Student #9 – Memorandum of Statement the purpose of the trip and said that Mr. Moyer only invited her and Friend #1. She said that she did not have to obtain a permission slip or anything similar to visit Miyake on this trip. • Student #9 stated that, during her spring 1974 trip to Miyake, she and Friend #1 would hang out while Mr. Moyer dove. She explained that she and Friend #1 were not divers, and that she was not a marine biology student. Student #9 shared a photograph that Friend #1 had taken of her on the boat traveling to Miyake on that trip. Student #9 said that nothing inappropriate happened on that visit to Miyake. She stated that, in the summer of 1974, she went home before starting 9th grade. • Student #9 stated that she never saw Mr. Moyer use drugs Student #9 said that there was no alcohol involved in her 7th or 8th grade trips to Miyake and that nothing inappropriate with Mr. Moyer happened to her when she was in 7th or 8th grade. She trusted Moyer. She was not a frequent visitor to Miyake or a marine biologist wannabe or a SCUBA diver. Miyake was an established program and no one ever questioned staying at Moyer’s house. • Student #9 stated that she always had a friendly relationship with Mr. Moyer, noting that they would joke with each other when they passed in the hallway at school, but she did not have the deep connection with Moyer that others did. She said that there were teachers who were stern and then there were other teachers who “got kids.” She said that Mr. Moyer fell into the latter category. • Student #9 explained that there was a difference between the students who lived near the school and others who lived in town. She said that the students who lived near the school would spend evenings and weekends there. Student #9 stated that she had to travel 45-60 minutes on a train to and from school. She stated that many of the children of missionary families (to whom she referred as “missionary kids”) lived near the school, and that children whose parents were involved in business or with the embassy (“embassy kids”) lived in Tokyo. Student #9 and Friend #1 both lived in Tokyo and spent weekends in Tokyo. Student #9 said that Friend #1 was not involved with Mr. Moyer. • Student #9 said that, in 9th grade, she took a SCUBA class. She did not recall why she joined the SCUBA class, but thought that it may have been at Mr. Moyer’s suggestion. She said that SCUBA was an after-school club and that students had to pay to participate. She stated that participants in the class were trained in the school pool and then had to complete an ocean certification dive at the end of the course. She said that Mr. Moyer took all of the students to a dive shop and fitted them with masks and flippers. • Student #9 stated that she and another student (“Friend #2”) did their ocean certification dive together on Miyake. She said that they went to Miyake for the weekend; they left Tokyo on a Friday-evening ferry and returned to Tokyo on Sunday afternoon. She recalled that she and Friend #2 were the only two students from their SCUBA class to travel to Miyake for the ocean dive on that occasion. She commented that there were 10-15 students in the SCUBA class and so she did not know why no other students accompanied her and Friend #2 on that particular trip. • Student #9 stated that nothing inappropriate happened on the trip. She recalled Mr. Moyer pulling off her mask while she was diving. She said that she “flipped out” and swam back to the surface. She said that Mr. Moyer was mad at her for failing the test. She stated that Mr. Moyer did the same thing to Friend #2, but recalled that Friend #2 reacted calmly and passed 3 Student #9 – Memorandum of Statement the test. She recalled that after Friend #2 passed the test, Mr. Moyer gave Friend #2 a look that has “haunted” Student #9 ever since. She said that Mr. Moyer looked at Friend #2 as if the student was special. Student #9 stated that on that trip, she, Friend #2, and Mr. Moyer slept in the same room together. • • Student #9 stated that she went on island trips with other teachers. She stated that she once went camping for a week over spring break with four other students and two ASIJ teachers (a married couple). One of the teachers worked in the and the other taught in the . She described these teachers as upstanding people. • Student #9 said that she and Mr. Moyer would often discuss culture and sociology, two topics which interested her. In 10th grade, she took Behavioral Science. Moyer talked with her after class one day about “taboos” and he told her that many cultures construct a “taboo” on the subject of love between people of different ages. She said that, at that moment, Student #4 walked into the room and Mr. Moyer stopped talking to Student #9. Student #9 described Student #4 as looking “sullen.” Student #9 said that Mr. Moyer took Student #4 to the back of the classroom and Student #9 observed them having a “secret, quiet conversation.” Student #9 said that Mr. Moyer’s body language, the way he “leaned in” to Student #4, and the quiet and secret nature of the conversation led her to believe that there was something going on between Mr. Moyer and Student #4. Student #9 stated that she had also had the same feeling about Mr. Moyer and Student #5. • Student #9 stated that she knew that Student #4 was living with Mr. Moyer. She did not recall how she was aware of this. Although she did not know specifically what others may have known about Student #4 living with Mr. Moyer, she would be very surprised if others did not know. • Student #9 said that other than her observations of Jack Moyer and Student #4, she had not heard anything about Mr. Moyer behaving inappropriately with young girls. She stated that if she had heard anything like that, she “would have been out of there.” She said that she thought Mr. Moyer was a “cool teacher.” • Student #9 stated that, when she was in 11th grade (i.e., 1976 – 1977), she was thriving. She had great teachers. She stated that, during the third-quarter of her 11th grade year, she was “devastated” when she got a B+ in a class that was very important to her. She said that the day she received that grade, she was extremely upset and Mr. Moyer came up to her at the front entrance to the school. • Student #9 stated that she had always had a good relationship with Mr. Moyer and considered him a mentor and someone she trusted. She said that Mr. Moyer saw that she was crying and tried to console her. He invited her back to his house to talk. She stated that he told her that they would talk about what was bothering her and he would make her dinner. Student #9 stated that Mr. Moyer then “led her to the slaughter.” She said that she had never before been to the part of the neighborhood where Mr. Moyer lived. She said that somewhere en route to his home, the conversation “stopped being about [her].” 4 Student #9 – Memorandum of Statement • Student #9 said that Mr. Moyer had a Japanese wooden house. She recalled that it was dark when they went inside because all of the shutters were closed. Student #9 said that Mr. Moyer had a kotatsu (i.e., a low-lying table with fabric over it and a heater underneath). She stated that he brought her water or tea and sat down next to her. She said that he told her to lie down because it would calm her. She reported that she lay down and he lay down next to her. He started to rub her body to comfort her and then she stated that, the “next thing [she] knew,” Mr. Moyer had put his hands down her pants and proceeded to molest her. Student #9 reported that she “froze,” and at that moment, she “checked out.” She stated that Mr. Moyer told her: “You must think I’m an old fart. My family is breaking up and [two ASIJ alumni] are leaving Miyake and I don’t know what to do.” She said that the conversation had changed from Mr. Moyer consoling her about her grades to her consoling him. She did not recall how long she was at Mr. Moyer’s home. She stated that she eventually went home that night. • Student #9 did not recall when she next saw Mr. Moyer. She recalled that he invited her to Miyake after the incident at his house. When she arrived at the pier in Miyake, Mr. Moyer told her not to kiss him in public because the islanders wouldn’t understand. She said that she went to Miyake and that she, the two alumni referenced above, and Mr. Moyer had dinner together. She said that the dinner conversation was about marine biology and she felt that she had nothing to offer. They were all staying at Mr. Moyer’s house on the island and she stated that Mr. Moyer put his sleeping mat next to hers. She reported that he lay next to her and proceeded to molest her, and she stated that she “just checked out,” noting that the “curtain descends” on her memory and she does not recall what else happened. She recalled that she could see the light from the kitchen spilling into the sleeping room and was petrified that one of the two alumni would walk into the room. • Student #9 said that these were the only two times that Mr. Moyer touched her in this way. She said that, in between these two incidents, she went to a jazz bar in Kichijoji with Mr. Moyer. She recalled that the bar was dark and that Mr. Moyer was drinking. She did not recall drinking and said that she had no conversation with Mr. Moyer while at the bar. She remembers feeling awkward and in over her head. She thought somehow that Moyer was her boyfriend. • Student #9 said that she told no one about what had happened with Mr. Moyer. • Near the end of the interview, Student #9 stated that when she was in 8th grade (i.e., fall 1973 – spring 1974), she normally took a slow train into Tokyo from school because it was less crowded. She said that, one day in 8th grade, she rode a different, faster train that was extremely crowded. She explained that Mr. Moyer was riding with her on the train and they were very close to each other because the train was so crowded. She said that she was talking to Mr. Moyer when she felt a hand move up her leg and finger her crotch area. She said that she wriggled, trying to get away, but could not because the train was so crowded. She said that she “did not have the words” to tell Mr. Moyer what was happening to her. She stated that at the time it happened, she did not think the person who touched her was Mr. Moyer, but that now she is certain that it was him. She stated she believes that this incident was Mr. Moyer’s “test” to make sure that she “wouldn’t tell.” 5 Student #9 – Memorandum of Statement • Student #9 said that she told Friend #1 about the train incident at the time. She said at the time, she never thought that Mr. Moyer had done it, stating: “We lived in a world of innocence.” • Student #9 stated that she wants a full accounting of how many victims of Mr. Moyer exist, of the extent of the abuse, and of who was notified of the abuse and when notification occurred. She stated that it was “unconscionable” that schools that have been reported in the news for cases of sexual abuse “don’t speak up.” She stated that if someone is a manager or employee of the school, they are an agent of the school. She stated that she wants the full investigation report to be made public, and that “there needs to be an apology.” • Student #9 described the Head of School and the Board Chair’s treatment of the victims as “unconscionable.” The school said they were reaching out to victims. She said that it “takes a lot” for victims to come forward. She stated that after she notified the school, no one responded to her email for five days. She stated that she then re-sent her email to the Board Chair, this time adding the Head of School. She said that the Board Chair wrote back informing Student #9 that had received Student #9’s email but had been on vacation. Student #9 said that the Board Chair also told her that being on the Board was a volunteer position and was not full-time job. Student #9 said that she thought the Board Chair should have written her back immediately if only to acknowledge that she had received Student #9’s email given this era of mobile digital connectivity. • Student #9 stated that the Head of School and the Board Chair had a planned a trip to the United States, near where Student #9 lives. Student #9 said she was willing to meet with the Head of School and the Board Chair. Instead, the Board Chair and the Head of School cancelled their trip but said they’d be happy to hear her story by telephone. Student #9 stated that it was very evident that Board Chair and the Head of School had not had been trained in how to deal with victims of sexual abuse. • Student #9 stated that she sent a letter back to the school with her demands: (1) “a full thirdparty investigation”; (2) “ensure that this doesn’t happen again”; (3) create a system so that others who have been abused can contact one another; and (4) be compensated for ASIJ’s negligence at protecting her as a teenager. Student #9 also stated that the school should put systems and training in place to prevent abuse. • Student #9 stated that the investigation should include outreach to all victims or potential victims. • Student #9 said that she is angry that she is “only dealing with this now.” She stated that the school “knew,” that Mr. Moyer’s conduct was “repeated,” and that the school “did nothing.” • Student #9 reiterated that the full report should be shared. She stated that she worried about Student #5 for two decades. She said that she saw Student #5 turn from a “vivacious girl” to a “sullen, shrunken person” and that the teachers at ASIJ must have seen it too. Student #9 stated: “Don’t tell me that [they] didn’t know.” 6 Student #10 – Memorandum of Statement Interview of: Student #10 Crew Janci LLP1 Fremont Place II 1650 NW Naito Parkway Portland, Oregon 97209-2534 Date of Ropes Interview: Monday, September 8, 2014 Date Edited2 for Publication: Wednesday, June 11, 2015 ______________________________________________________________________________ On September 8, 2014, Ropes & Gray LLP (“Ropes”) interviewed Student #10 at the offices of Crew Janci LLP (“Crew Janci”) in Portland, Oregon. The interview was conducted as part of Ropes’ independent investigation into allegations of sexual misconduct by former American School in Japan (“ASIJ”) teacher Jack Moyer. Also in attendance were Student #10’s counsel at Crew Janci, as well as counsel to ASIJ. The interview with Student #10 lasted for approximately ninety minutes. This memorandum summarizes the interview. It is not a verbatim transcript. Student #10 and her counsel have had the opportunity to review and edit this draft to ensure that it accurately captures Student #10’s statement. ASIJ and the Friends of the American School in Japan, Inc. have agreed that any statement to Ropes by Student #10, including any notes of that statement, and any summary of that statement, including this summary, or any form in which Student #10’s statement is included in the investigation report prepared for the ASIJ Board of Directors, will be inadmissible in any subsequent litigation, and may not be used for impeachment purposes in any subsequent litigation. • Ropes and counsel for ASIJ each introduced themselves to Student #10. Ropes explained that they have been engaged by ASIJ’s Board of Directors (“the Board”) to conduct an independent investigation of the facts surrounding allegations of sexual misconduct by Jack Moyer. Ropes explained that they will produce a report for the Board at the conclusion of its investigation. • Ropes thanked Student #10 for her participation in the interview. Ropes told Student #10 that it was fine to take a break during the interview if she needed one and asked her to let him know if this was the case. • Before beginning the interview, Ropes gave ASIJ’s counsel the opportunity to explain her role. ASIJ’s counsel explained that while Ropes has been retained to conduct an independent investigation, she represents ASIJ generally. She told Student #10 that she had been invited by Crew Janci to attend the interview purely to observe and listen, and thanked Student #10 on behalf of the Board for participating in the interview. 1 Formerly O’Donnell Clark & Crew LLP (“OC&C”). 2 Student #10 has had an opportunity to review and edit this statement prior to the June 2015 publication of the Ropes and Gray Report by the American School in Japan Board of Directors. These edits were made to ensure protection of Student #10’s privacy, as well as the privacy of others mentioned within Student #10’s statement. 1 Student #10 – Memorandum of Statement • Student #10 stated that she was born in the United States in 1960. She began attending ASIJ in early 1977, during her junior year of high school. • Student #10 said that Head of School #2 was headmaster when she began at ASIJ, and Head of School #3 was headmaster by the time she left. Principal #2 was the high school principal while she attended ASIJ. • Student #10 said that she first met Mr. Moyer in the spring of 1977. She did not have Mr. Moyer as a teacher. She had learned that Mr. Moyer was offering a SCUBA class as an extracurricular activity at ASIJ, which she thought was a “cool thing” at that time. The SCUBA class involved some classroom sessions, some sessions in the school pool, and then some open-water dives. • Student #10 stated that the SCUBA program was an extracurricular activity at ASIJ and was not for credit. She did not recall whether her parents had to sign a permission slip in order for her to participate in the SCUBA program. She reports that there were about a half dozen other students in the SCUBA program, all of whom were ASIJ students and the majority of whom were girls. • Student #10 stated that Mr. Moyer taught the classroom sessions of the SCUBA program. Student #10 recalled Mr. Moyer standing at the front of the class and teaching about Boyle’s law involving the pressure of gas. Student #10 recalled that the content of the SCUBA program was structured, and students were tested on the material that they had been taught. • Student #10 stated that Mr. Moyer was “always very popular” and that he acted compassionately toward Student #10. She stated that Mr. Moyer empathized with her. • Student #10 stated that Mr. Moyer was her father’s age (i.e., in his mid-to-late 40s) by the time she met him, but that he thought of himself as “young and cool.” • Student #10 stated that, in April of 1977, she went to Miyake for an open-water dive as part of the SCUBA program. Student #10 stated that, during this trip, she stayed in Mr. Moyer’s home. Student #10 stated that there were “no warning signs” and nothing inappropriate with Mr. Moyer occurred during the April trip. She reports that the students went diving and did what they needed to do to get their SCUBA license. She reports that at this point in time (i.e., April 1977), she had not heard any rumors about Mr. Moyer behaving inappropriately. • Student #10 stated that she had applied for and was offered an office job in Tokyo for the summer of 1977. Shortly after she secured the summer position, Mr. Moyer offered her a non-paying summer job working at his lab on Miyake. She stated that Mr. Moyer told her there would be other marine biologists there and that he needed help organizing the lab, typing up notes, and collecting specimens. Student #10 stated that she was “honored” to be asked and “jumped” at the chance to go diving every day. • Student #10 stated that she went to Miyake for about a week or two in the early summer of 1977. She reports that nothing happened with Mr. Moyer on that trip to the island. Student #10 stated that she went on home-leave for a few weeks before returning to Tokyo, then went back to Miyake in approximately late July 1977. 2 Student #10 – Memorandum of Statement • Student #10 stated that, when she returned to Miyake, she again stayed at Mr. Moyer’s home. She provided a picture of a group of people who were living on Miyake that summer. Mr. Moyer is in the photograph holding one of his two dogs. • Student #10 reports that Mr. Moyer was with her mostly “from dawn to dusk” when she was on Miyake that summer – diving, working in the lab, cooking and eating, etc. • Student #10 described the progression of interaction with Mr. Moyer as a “slippery slope.” She reports that at first there were “no warning signs” but then then he became more “handsy.” • Student #10 reported that Mr. Moyer had an old Jeep in which they would drive around the island. She reports that, when they went driving in the Jeep, he began reaching over and playing with her hair and putting his hand on her leg. She reported that Mr. Moyer’s behavior at this point did not set off any “alarm bells.” • Student #10 stated that Mr. Moyer drank a lot that summer and she recalled several times when he was drunk. Student #10 stated that Mr. Moyer “projected” as being lonely and sometimes depressed. • Student #10 described the first time that Mr. Moyer “crossed a line.” She stated that they had been in town to pick up some beers. The other adults in the house had gone to bed, and Mr. Moyer and Student #10 were in the kitchen. She stated that he started to try to hug and kiss her. She said that she was caught off guard but “got out of it.” Student #10 stated that she passed Mr. Moyer’s behavior off as him being drunk and went to bed. • Student #10 stated that she woke up one morning very early to the feeling of someone rubbing her leg. She said that Mr. Moyer proceeded to fondle her breasts, run his hand under her shorts and then roughly put his fingers into her vagina, hurting her. She recalled this incident occurring very early in the morning, noting that there was early morning light. • Student #10 said that, for the rest of that day, Mr. Moyer acted as if nothing had happened, and she found this very confusing and disturbing. • Student #10 stated that Mr. Moyer began to flatter her, telling her things like “you’re so beautiful,” and “you’re smart.” She said that he also left her a note which said similarly flattering things – e.g., “I think you’re amazing,” “I’m in love with you” – and that he also gave her a necklace. She stated that she does not have the note or necklace any longer. • Student #10 stated that, soon after the incident with Mr. Moyer that occurred in the early morning, a marine biologist came to Miyake with a friend and stayed at the house for a week or two. Student #10 said that she the marine biologist as a “potential ally” who could protect her. She stated that, one day, Mr. Moyer yelled at her and accused her of flirting with the marine biologist. Student #10 said that the best way to describe Mr. Moyer’s behavior was a “jealous rage for no good cause.” • Student #10 stated that Mr. Moyer sexually abused her at least two to three additional times that summer. She said these incidents also occurred after she had gone to bed and were similar in that Mr. Moyer fondled her legs, breasts, and put his fingers into her vagina. She also stated she has a vague memory of Mr. Moyer attempting to perform oral sex on her. She 3 Student #10 – Memorandum of Statement said that the nighttime incidents were even scarier than the early morning incident because there was no place to get away to. • Student #10 stated that she left Miyake in late August, very soon after the last nighttime incident. She recalled wanting to ride above deck on the return boat trip to Tokyo. • Student #10 said that she wanted to put what happened with Mr. Moyer behind her, but it continued to trouble her. • Student #10 stated that before she went to Miyake for the summer, she had started dating a classmate (Classmate #2). She described Classmate #2 as “tough.” When Classmate #2 returned from his summer vacation, he knew something was wrong and made Student #10 tell him what had happened. She said that she could not recall exactly how much detail she told him, but it was enough to make him “furious.” She said that Classmate #2 wanted to hurt or kill Moyer. Student #10 said that seeing Classmate #2’s reaction was scary but also a relief because she felt like she “had an ally.” • Student #10 stated that Classmate #2 kept urging her to tell her parents what Moyer had done to her, and one evening, she did. She did not recall going into great detail, because it was embarrassing to talk about sex with her parents. She stated that she was sure that she used words “sexual” to describe what happened and made it clear to her parents that what had happened was way more than just hugging and kissing. • Student #10 stated that her mother became very upset and so did Student #10. Student #10 said that her parents did not doubt that she was telling the truth. She said that her parents believed, loved, and supported her and that she “could not have asked for a better response.” • Student #10 stated that, soon after, her father told her that, as a former School Board Chair, he knew that he had to talk to Principal #2. She stated that her father told her that the school needed to know that what had happened was serious and needed to keep Mr. Moyer away from her and other girls. Student #10 said that the message she received from her father was that he would handle the matter in “as discreet a way as possible and make it stop.” • Student #10 stated that her father made an appointment and came into the school. Student #10 recalled waiting outside of Principal #2’s office and worrying that other students would see her father there and think she was in trouble. • Student #10 stated that her father met with Principal #2 privately for a little while, then she was called into the room. She did not recall ever having talked to Principal #2 before. • Student #10 stated that she did not recall the exact wording of Principal #2’s questions or of her responses. She said that Principal #2 asked her to verify that Moyer had done something sexual to her, which she did. She stated she specifically remembers Principal #2 wanted to know whether Mr. Moyer had had sexual intercourse with her, to which she answered “no.” She stated that she thought she used a word like “groping” to describe what Mr. Moyer had done, and signaled to Principal #2 with her hands to further explain Moyer’s actions. She waved her hands in a circular motion around her breasts and the front of her body, with her palms facing her body. Student #10 stated that when she spoke to Principal #2 in 1977, there was “zero doubt” in her mind that Principal #2 knew how serious Mr. Moyer’s conduct was. She said that Principal #2 knew that Mr. Moyer had touched her on her breasts and her 4 Student #10 – Memorandum of Statement vagina. She stated that Principal #2 also knew that she and Mr. Moyer had not had intercourse. • Student #10 said that Principal #2 said something like: “I take this seriously and I’ll take care of it.” • Student #10 said that after the meeting with Principal #2, “nothing happened.” She said that Mr. Moyer kept teaching and students continued to hang out in his classroom. Student #10 stated this was very distressing to her and that she avoided Mr. Moyer after that. • Student #10 said that at ASIJ there were students who had been at the school for many years and others who were new. She stated that because she was new, she felt like an outsider at times, and this was one of those times. • Student #10 said that at some point during her senior year, as rumors spread that Student #10 was saying that Moyer had done sexual things to her, two ASIJ female students who were close to Moyer accosted her at school. She said that they “grilled” her and told her, “[Mr. Moyer’s] just a lonely old man.” She said that one of the girls said to her something like, “If it was going to happen to anybody, it would have happened to me.” Student #10 stated that she felt they were trying to silence her and they made her feel “completely invalidated.” • Student #10 stated that Principal #2 never said anything else to her or to her father after their meeting in the fall of 1977. She did not recall telling any other teacher about what Mr. Moyer did. She said that she and her father had not spoken of what happened with Mr. Moyer between 1977 and 2014. • Student #10 stated that, after the incidents with Mr. Moyer on Miyake, she wanted nothing to do with Mr. Moyer. She stated that she received a short note from Mr. Moyer in the fall or spring of her senior year (1977-1978). The note read: “Why did you tell my friend?” She did not recall how she received the note. • Student #10 stated that she graduated from ASIJ in 1978 and has not been back to Japan since then. • Student #10 said that she chose to come forward about Mr. Moyer after she received an email from ASIJ in March of 2014. Student #10 said that her overall feeling was that abuse keeps happening in different institutions and that secrecy is what allows it to happen. She said that she wanted ASIJ to learn what had gone wrong in this case and also wanted her two children to know that they should speak up if anything ever happened to them or someone they knew. • Student #10 stated that she wrote a “one-page” overview of what happened to her in an email and sent it to the board chair. She said that the board chair told her that they could never completely prevent abuse from happening but that they could put mechanisms in place for students and faculty to report. • Student #10 and her brother had a phone conversation with the board chair and Head of School in mid-May 2014. Student #10 said that early on during the call, the Head of School told her that they had spoken to former administrators, and that the former administrators said they did not know anything other than that Mr. Moyer was “creepy.” Student #10 said she told the Head of School that she knew from her own experience that this was not true and 5 Student #10 – Memorandum of Statement that she had reported Mr. Moyer to Principal #2 in the fall of 1977. She said that the Head of School seemed surprised by this information and asked her what her father recalled. • Student #10 said that her brother subsequently called their parents, told them that ASIJ had acknowledged Mr. Moyer’s sexual abuse of students, then interviewed each of them separately about their memory of what had happened regarding Student #10’s experience with Mr. Moyer. Student #10 said that her father then wrote up a statement, which was sent to Ropes’ office. 6 Student #11 – Memorandum of Statement Interview of: Student #11 Crew Janci LLP1 Fremont Place II 1650 NW Naito Parkway Portland, Oregon 97209-2534 Date of Ropes Interview: Monday, September 8, 2014 Date Edited2 for Publication: Thursday, June 12, 2015 ______________________________________________________________________________ On September 8, 2014, Ropes & Gray LLP (“Ropes”) interviewed Student #11 at the offices of Crew Janci LLP (“Crew Janci”) in Portland, Oregon. The interview was conducted as part of Ropes’ independent investigation into allegations of sexual misconduct by former American School in Japan (“ASIJ”) teacher Jack Moyer. Also in attendance were Student #11’s counsel at Crew Janci, as well as counsel to ASIJ. The interview with Student #11 lasted for approximately one hour and fifteen minutes. This memorandum summarizes the interview. It is not a verbatim transcript. Student #11 and her counsel have had the opportunity to review and edit this draft to ensure that it accurately captures Student #11’s statement. ASIJ and the Friends of the American School in Japan, Inc. have agreed that any statement to Ropes by Student #11, including any notes of that statement, and any summary of that statement, including this summary, or any form in which Student #11’s statement is included in the investigation report prepared for the ASIJ Board of Directors, will be inadmissible in any subsequent litigation, and may not be used for impeachment purposes in any subsequent litigation. • Ropes and counsel for ASIJ each introduced themselves to Student #11. Ropes explained that they have been engaged by ASIJ’s Board of Directors (“the Board”) to conduct an independent investigation of the facts surrounding allegations of sexual misconduct by Jack Moyer. Ropes explained that they will produce a report for the Board at the conclusion of its investigation. • Ropes thanked Student #11 for her participation in the interview. Ropes told Student #11 that it was fine to take a break during the interview if she needed one and asked her to let him know if this was the case. • Before beginning the interview, Ropes gave ASIJ’s counsel the opportunity to explain her role. ASIJ’s counsel explained that while Ropes has been retained to conduct an independent investigation, she represents ASIJ generally. She told Student #11 that she had been invited by Crew Janci to attend the interview purely to observe and listen, and thanked Student #11 on behalf of the Board for participating in the interview. 1 Formerly O’Donnell Clark & Crew LLP (“OC&C”). 2 Student #11 has had an opportunity to review and edit this statement prior to the June 2015 publication of the Ropes and Gray Report by the American School in Japan Board of Directors. These edits were made to ensure protection of Student #11’s privacy, as well as the privacy of others mentioned within Student #11’s statement. 1 Student #11 – Memorandum of Statement • Student #11 was wearing an origami butterfly pinned to her clothes. She explained that the butterfly had been made by ASIJ alumni supporters. She said that each of her “sisters” (i.e., other women who had been victims of Mr. Moyer) had a butterfly with a different word written on it. Her butterfly said “courage” which, she said, “I need today.” She was also wearing two bracelets: one, a gold chain with a heart and blue stones, which she said was the color for victims of child sexual abuse; the other was made of blue stones from the ocean. • Student #11 was born in 1964. When she was 12 years old, her family moved to Tokyo, Japan. • Student #11 stated that she started school at ASIJ in 1976, when she was in the 7th grade. She said that Mr. Moyer was her science teacher. She recalled Mr. Moyer taking an interest in a report that she wrote on the white-tailed deer. • Student #11 stated that Mr. Moyer had more of a relationship with students than other teachers at ASIJ did. She said that unlike other teachers at ASIJ, Mr. Moyer was “one of us,” noting that he treated students as if they were his equals. She commented that Mr. Moyer would burp in class, which she thought was “cool.” • Student #11 said that when she started 7th grade, she was not involved with Mr. Moyer or any other teachers outside of the classroom. She said that she had never heard any rumors about Mr. Moyer being “creepy” or anything of the sort. • Student #11 stated that, during her 7th grade year, she attended the school-run Miyake program. She explained that the entire 7th grade class was divided into three groups and each group went to Miyake for one week. She said that she went to Miyake during the second week of the program. She stated that during the first half of the week, she stayed at a local inn; during the second half of the week she stayed in Mr. Moyer’s house. • Student #11 said that she did not have a lot of friends on the Miyake trip, so during downtime she swept, cleaned, and helped in the kitchen. She said that Mr. Moyer would come by while she was working, pat her on the back, and wrinkle his nose at her. She said that when he wrinkled his nose at you, it meant that you were his “gucci” which, she said, meant that you were great. Student #11 said that she referred to Mr. Moyer’s “groupies” as “Moyer’s Mob” (she thought that she was the only one to call them that). She said that Mr. Moyer called every one of his groupies “gucci.” • Student #11 recalls one night during her 7th grade Miyake trip she was sitting on her feet during dinner because they were cold. She said that Mr. Moyer asked her what she was doing and, when she told him, he held her feet and warmed them during the whole dinner. She also recalled that Mr. Moyer would share his food with his dogs. She remembers Mr. Moyer taking a bite out of his hamburger and then letting his dog take a bite out of the same. She said that she is an “animal person” and thought that Mr. Moyer’s behavior with his dogs was “cool.” • Student #11 said that two chaperones attending the 7th grade Miyake trip stayed in the hostel with her. One of the chaperones was a high school student and the other was a teacher. Student #11 said that there was at least one other adult and another high school student that stayed at Mr. Moyer’s house during the trip. 2 Student #11 – Memorandum of Statement • Student #11 said that nothing inappropriate happened with Mr. Moyer during her 7th grade Miyake trip (except holding and massaging her feet and legs). She said that she did not witness Mr. Moyer interacting inappropriately with any other students on that trip. • Student #11 stated that, after she returned from the Miyake trip, Mr. Moyer told the students that they could hang out in his classroom during breaks in the school day as long as he was not teaching a class. Student #11 said that she would hang out in Mr. Moyer’s class in between classes and she described herself as one of Mr. Moyer’s “groupies.” • Student #11 described Mr. Moyer’s classroom as a place where she felt “safe and loved.” She explained that she had not yet made a lot of friends at ASIJ and, when she was in his classroom, she had someone to whom she could talk. She said that Mr. Moyer was nice to her and made her feel good. • Student #11 did not recall whether she went to Miyake during the summer after 7th grade. • Student #11 said that, during her 8th grade year, she continued to hang out in Mr. Moyer’s classroom. She said that she also began going to his house to help him take care of his dogs. She said that “dogs were [her] refuge.” She explained that Mr. Moyer lived within a 5-10 minute walk from the school. She said that she lived in Tokyo and would often stay after school in Moyer’s classroom to finish her homework so that she could leave her books at school. • Student #11 stated that her physical relationship with Mr. Moyer began in the early fall of 1977, during the beginning of her 8th grade year. She recalled being at his house in September of that year. She said that she and Mr. Moyer were sitting on the couch in the living room of his home near the school. She reported that, as she got up to leave, he took her into his arms and gave her a hug. She said that she hugged him back. She stated that he then kissed her and put his tongue in her mouth. She said that she did not know what to do because she had never been kissed before. She reported that he then took her hand and placed it over his erect penis on top of his clothes. She reported that he reached down and tried to get her to move her hand around, but that she did not do anything and he eventually stopped. She said that Mr. Moyer told her that he loved her, and that from then on, when he would wrinkle his nose at her, it meant “I love you.” She stated that he told her not to tell anyone about what had happened, and she said that she did not tell anyone. • Student #11 stated that she felt like she was the “luckiest girl in the world” because Mr. Moyer loved her. She said that at school he would wrinkle his nose at her to tell her that he loved her. She reported that she felt like she was “really fortunate” and was “the chosen one.” She described instances where Mr. Moyer would stand in a doorway at the school, give her a nod, and she would “ditch” her friends and go back to Mr. Moyer’s house with him. She said that none of her friends knew she was going to Mr. Moyer’s house. She said that she told her parents she was staying late at school. • Student #11 described what happened when she visited Mr. Moyer at his home during her 8th grade year. She reported that she would masturbate him and he would touch her. She said that sometimes he would stick his finger inside of her vagina. Student #11 reported that Mr. Moyer had her perform oral sex on him many times, and reported that Mr. Moyer performed oral sex on her a “few times, few dozen times, if not more.” She reported that as far as she can remember Mr. Moyer never penetrated her with his penis. 3 Student #11 – Memorandum of Statement • Student #11 described her experience with Mr. Moyer as her first sexual experience. She said that her visits to his home took place during her 8th and 9th grade years (i.e., fall 1977 – spring 1979). • Student #11 said that Student #12 had a key to Mr. Moyer’s house. She said that she thought Mr. Moyer’s relationship with Student #12 was like a “father/daughter” relationship. Student #11 recalled one time when Student #12 let herself into Mr. Moyer’s home and walked into the room when Student #11 was there and Mr. Moyer had his shirt off. She said that Mr. Moyer pretended that he was changing his shirt. • Student #11 said that after Mr. Moyer began their relationship, he asked her to join the SCUBA class which started in October of her 8th grade year (i.e., 1977). She said that Mr. Moyer told her if she took the SCUBA class and became licensed, it would make it easier for him to take her to Miyake so that they could spend time together without having to find excuses. • Student #11 said that her parents initially refused to allow her to take the SCUBA class because they did not think she could handle the physicality of the class. However, they eventually permitted her to take the class. • Student #11 stated that she spent a week on Miyake during the summers after her 8th and 9th grade years (i.e., summer 1978 and summer of 1979). She said that she went to Miyake approximately every six weeks during 8th and 9th grade (i.e., fall 1977 to spring 1979). She said that her parents did not have to sign a permission slip; she asked them if she could go. She said that she would leave for the island late on Friday evenings and return to Tokyo late on Sunday evenings. • Student #11 said that she has a picture of herself and another ASIJ student and victim of Mr. Moyer on Miyake. • Student #11 stated that there were often other people on Miyake during her visits, noting that marine biologists, other students, and Student #12 were there at different times. She recalled one trip in March when she went to Miyake with five of her friends to celebrate Mr. Moyer’s birthday. She said that Mr. Moyer often got depressed in the winter and that she felt it was her job to cheer him up. She said that her group of friends left gifts for Mr. Moyer (e.g., a new eyeglasses case). Student #11 said that on one occasion, Mr. Moyer bought wine for the group. She stated that they all drank the wine, except for one other student. Student #11 stated that Mr. Moyer did not frequently provide them with alcohol. She remembered other times when he offered her a beer, but she did not take it. She said that she never saw Mr. Moyer with drugs. • Student #11 stated that Mr. Moyer was not her teacher in 9th grade (i.e., fall 1978 – spring 1979). During that year, she saw him when she hung out in his classroom between her classes, when she visited him at his home, and when she went to Miyake to dive. She did not recall whether Mr. Moyer ever fondled or touched her while she was at school. She recalled feeling uncomfortable when he was affectionate with her when her friends were around. • In 9th grade on one of the boat trips out to Miyake, Mr. Moyer laid next to her on the overnight trip and fondled her breasts, and one of the other girls saw him do this. 4 Student #11 – Memorandum of Statement • Student #11 believed that she and Mr. Moyer were in a committed relationship and one day they would marry. She didn’t think there were any other girls. Student #11 recalled one occasion when she was riding her bicycle with two of her friends. She said that the friends asked her whether she thought that Mr. Moyer had ever molested anyone. She said that one of the friends told her that another classmate had said that Mr. Moyer had done something to her. Student #11 was devastated by this and hurt. Student #11 stated that the classmate looked a lot like Student #11 and noted that sometimes her teachers would confuse her with the classmate. Student #11 said that when she heard her friend’s comments, in her head she thought that perhaps Mr. Moyer had gotten confused in the dark and mistook the classmate for Student #11. Student #11 stated that this was the only time that she recalled hearing any rumors about Mr. Moyer. • Student #11 said her family left Japan in late June of 1979 and moved to the United States. • Student #11 said that just before she left Japan, Mr. Moyer called her and had her meet him at a hotel near the airport. She said that her parents did not know she was meeting him. She recalled that the manager of the hotel would not let them upstairs to Mr. Moyer’s room because Student #11 was a minor and not related to Mr. Moyer, and so they had to enter through a back door and take a separate set of stairs to get to the room. Student #11 said on that day Mr. Moyer had their “usual relations” with her, which she described as oral sex. She said that she did not recall exactly what happened because her meetings with Mr. Moyer were so frequent at the time. She said she loved him and would have done anything for him. She said that she spent a couple of hours with Mr. Moyer. She recalled that, when they went downstairs, the door in which they had entered was locked and so they wandered through the hotel, into a courtyard, and had to exit the building through a dining room. Student #11 recalled the curtains in the dining room blowing into the room as Mr. Moyer opened the door so that they could leave the hotel. • Student #11 reported that, after she left Japan, Mr. Moyer sent her cassette tapes and letters telling her how he loved her and how special she was. Student #11 stated that, while she was in high school, she did not tell anyone about her relationship with Mr. Moyer. • Student #11 recalled an instance during her sophomore year in college (i.e., 1983-1984) when she became very upset as the volcano on Miyake erupted and she could not reach Mr. Moyer. She said that her then-boyfriend could not understand why she was so upset. She reported that she told the then-boyfriend that she had had an affair with her teacher. She said that it “never crossed [her] mind that it had been abuse.” She said that the then-boyfriend thought what had happened between her and Mr. Moyer was “wrong” and “awful” and that he distanced himself from her. She said that, after that, she did not tell anyone else what happened between her and Mr. Moyer. • Student #11 said that Mr. Moyer visited her while she was a junior in college, in the fall of 1984. She stated that he had been to visit Student #12, but she was unaware of that at the time. Student #11 said Mr. Moyer went out with her and her friends. She said that she told her friends that Mr. Moyer was her teacher and mentor in Japan; she did not tell them about her relationship with Mr. Moyer. She described Mr. Moyer as “depressed.” She said that she slept in her room, he slept on the couch, and then he left the next day. She stated that nothing happened between the two of them on that visit. 5 Student #11 – Memorandum of Statement • Student #11 said that she believed that she and Mr. Moyer were in a faithful, loving relationship, were committed to each other, and one day they would get married. She said that she never thought that Mr. Moyer was having a relationship with Student #12. She said that she “envied” Student #12’s relationship with Mr. Moyer. • Student #11 said that she does not recall ever having sexual intercourse with Mr. Moyer, but noted that she may have suppressed that memory or blocked it out. She stated that she “loved [Mr. Moyer] and would have done anything for him.” • Student #11 stated that she did not know that Mr. Moyer had relationships with anyone else until about 10 years ago. She said that he wrote her letters over the years and she sent him handwritten letters back. She believed that she kept all of the letters, but was not sure where they are. She also said that it is possible that she destroyed the letters, noting that Mr. Moyer told her to destroy them. • Student #11 said that she never told anyone at ASIJ about her relationship with Mr. Moyer. She said that she did not tell the school about him because she felt she was “special” and “loved.” She said that Mr. Moyer told her that “age is just a number – it’s not important.” • Student #11 stated that approximately three months after Mr. Moyer committed suicide, her sister received the ASIJ newsletter, called her and told her that Mr. Moyer had died, but didn’t mention or know that it was suicide. Student #11 said that she was “devastated.” She recalled Googling Mr. Moyer several months after she learned of his death and reading an article in the Japan Times and learned that it was suicide. She stated that at that time, she felt badly Mr. Moyer’s “depression won.” • Student #11 said that, shortly after she learned of Mr. Moyer’s suicide, she told her husband that she had had an affair with Mr. Moyer when he was her teacher. She said that she did not recognize what had happened as abuse. She said that she thought that she had been in a loving relationship and that she thought of Mr. Moyer as an “ex-boyfriend.” • Student #11 believes that it was Student #12 who informed her there were other girls who Mr. Moyer had abused, and that she’d heard some woman had come out at a reunion recently, but she didn’t know who it was. In 2008, a former ASIJ classmate who she saw at her child’s volleyball game told her she had heard the rumors about Moyer and asked whether Student #11 was one of the ones Mr. Moyer had been sexual with. She responded that she was. She said at that time, as far as she knew, there was her, Student #12, Student #1, and one other girl from a reunion. She stated she convinced herself that people have multiple relationships in life, and that Moyer had not been unfaithful to her, there was one girl before her, Student #12 was after her, and that she had no idea how old Student #1 was when Student #1 and Mr. Moyer had been involved. • Student #11 said that she lived for thirty-five years thinking that she had a “very special relationship” with a “very special teacher,” and then found out that it was not what she had thought. She said that she wants to find out the truth, both for her and for her “sisters.” • Student #11 said that she “wants ASIJ to know that they can’t pull this bullshit of denial and rejection, ignoring us and sweeping it under the rug.” She explained that she was angrier at ASIJ than she was at Mr. Moyer. She said that until one year ago, she had not accepted the idea that she was a victim. She said that she is “getting there now.” 6 Student #11 – Memorandum of Statement • Student #11 referred to Mr. Moyer as a “crocodile” to whom ASIJ kept “feeding children.” She stated: “Jack Moyer was a pedophile, and he did what pedophiles do. Research has shown over and over again that there is no cure for pedophilia. There’s just no way to fix it. Not unlike a crocodile that will eat small dogs and even children, because that’s just what crocodiles do. If there’s a crocodile locked in a room, and someone KNOWS he’s a crocodile, and continues to provide him with an unlimited supply of children, who is guiltier: the crocodile, or the ones who protect him and keep feeding him children? Jack Moyer was a crocodile. He preyed on children. It’s just what he did. But ASIJ continued to feed him children, even after they knew what he was and what he would do.” • Student #11 stated that ASIJ “knew before [Mr. Moyer] even touched [her]” and “did nothing.” She said that the school needed to be less worried about its reputation and more concerned with the lives of its students, stating that the school’s “reputation is shit compared to those girls’ lives.” She said that schools need to educate their students so that they can recognize when someone is taking advantage of them. • Student #11 said that she wants to support her “sisters.” She said that she is “not going to sit quiet anymore,” and said that if telling her story helps anyone – whether or not that person is from ASIJ – then the pain of coming forward and speaking out will have been worth it. • Student #11 stated that Mr. Moyer was “very, very good” at “picking us out and making us feel special.” She said that he was “good at deceiving us.” She said that one of the hardest things for her to do was read Student #1’s blog and learn that she was one of “dozens” of girls, was “not important” and was “not special or loved.” She said that in the email Mr. Moyer sent to Student #1 before he died, Mr. Moyer said he assumed that the abuse did not affect Student #11. Student #11 said that he was wrong, and she hates that he had that misconception. • Student #11 stated that she wanted the investigation to be done “right.” She noted that there are people who are not on Facebook and are not on the ASIJ web site. She referred to the “joke of an email” from ASIJ and said that it was “not possible” that there were “only thirteen of us.” Student #11 stated that the investigation should include outreach to potential victims, faculty, and Principal #2. • Student #11 stated that “generations of staff and administration” at ASIJ knew about Mr. Moyer and that she was “mad.” She said that she recalled that Principal #2 (who was high school principal at the time) saw her walk home with Mr. Moyer at least twice. Student #11 said when Principal #2 saw them, she was walking Mr. Moyer’s dogs and Mr. Moyer was carrying her books. • Student #11 stated that the Board’s March 2014 letter was “appalling.” She referred to the letter as “dust in my mouth,” and she stated that it was “more of an insult” than an apology. She said that the school has demonstrated a lack of empathy and care for the victims since it sent the March 2014 letter. 7 Student #12 – Memorandum of Statement Interview of: Student #12 Crew Janci LLP1 Fremont Place II 1650 NW Naito Parkway Portland, Oregon 97209-2534 Date of Ropes Interview: Tuesday, September 9, 2014 Date Edited2 for Publication: Wednesday, June 11, 2015 ______________________________________________________________________________ On September 9, 2014, Ropes & Gray LLP (“Ropes”) interviewed Student #12 at the offices of Crew Janci LLP (“Crew Janci”) in Portland, Oregon. The interview was conducted as part of Ropes’ independent investigation into allegations of sexual misconduct by former American School in Japan (“ASIJ”) teacher Jack Moyer. Also in attendance were Student #12’s counsel at Crew Janci, as well as counsel to ASIJ. The interview with Student #12 lasted for approximately two hours and twenty minutes. This memorandum summarizes the interview. It is not a verbatim transcript. Student #12 and her counsel have had the opportunity to review and edit this draft to ensure that it accurately captures Student #12’s statement. ASIJ and the Friends of the American School in Japan, Inc. have agreed that any statement to Ropes by Student #12, including any notes of that statement, and any summary of that statement, including this summary, or any form in which Student #12’s statement is included in the investigation report prepared for the ASIJ Board of Directors, will be inadmissible in any subsequent litigation, and may not be used for impeachment purposes in any subsequent litigation. • Ropes and counsel for ASIJ each introduced themselves to Student #12. Ropes explained that they have been engaged by ASIJ’s Board of Directors (“the Board”) to conduct an independent investigation of the facts surrounding allegations of sexual misconduct by Jack Moyer. Ropes explained that they will produce a report for the Board at the conclusion of its investigation. • Ropes thanked Student #12 for her participation in the interview. Ropes told Student #12 that it was fine to take a break during the interview if she needed one and asked her to let him know if this was the case. • Before beginning the interview, Ropes gave ASIJ’s counsel the opportunity to explain her role. ASIJ’s counsel explained that while Ropes has been retained to conduct an independent investigation, she represents ASIJ generally. She told Student #12 that she had been invited by Crew Janci to attend the interview purely to observe and listen, and thanked Student #12 on behalf of the Board for participating in the interview. 1 Formerly O’Donnell Clark & Crew LLP (“OC&C”). 2 Student #12 has had an opportunity to review and edit this statement prior to the June 2015 publication of the Ropes and Gray Report by the American School in Japan Board of Directors. These edits were made to ensure protection of Student #12’s privacy, as well as the privacy of others mentioned within Student #12’s statement. 1 Student #12 – Memorandum of Statement • Student #12 was wearing an origami butterfly on her blouse which she said was made for her by ASIJ alumni supporters. She explained that many alumni had similar origami butterflies in their homes and that alumni posted pictures of the butterflies on the ASIJ alumni Facebook page to show their support for the victims. She said that each of the women who were speaking with us had been given an origami butterfly with a different word written on it. The word written on her butterfly was “strength,” which she said that she needed. • Student #12 stated that she’s kept it a secret for three and a half decades and she wants to tell her story now. • Student #12 was born in 1962. Student #12 stated that she was born in the United States, and her family moved to Japan in 1969, when she was 6 years old and in the 1st grade. She said that she has three older siblings, all of whom attended ASIJ. Student #12 stated that she attended ASIJ from 6th through 12th grades. • Student #12 said that she was in Mr. Moyer’s science class for 7th grade (i.e., during the 1974 – 1975 school year). She stated that she did not recall hearing much about Mr. Moyer before then, noting that her older siblings had not attended ASIJ in 7th grade and had not participated in the Miyake program. She stated that Mr. Moyer did not pay much attention to her at first. She said that she was not a “groupie” of Mr. Moyer. She said that she thought Mr. Moyer was a “great teacher,” but that she did not have “one-on-one closeness with [Mr. Moyer]” until she was in the 8th grade. • Student #12 reported that she went to Miyake in the spring of 1975 as part of the 7th grade school trip to the island. She said that all of the students looked forward to the trip. She stated that she did not notice anything unusual about Mr. Moyer on that trip, calling it a “great school field trip.” • Student #12 explained that during 7th grade, “everyone followed Moyer around.” She said that students hung out in Mr. Moyer’s classroom during breaks throughout the day. She said that Mr. Moyer was not the only teacher whose classroom students would visit. She said that when she was in high school, she also spent a lot of time talking to several other high school teachers. Student #12 referred to herself as a “motivated student” who liked to “talk about academia.” She said that her teachers were very “nurturing” to her. She stated that ASIJ teachers were more involved in their students than teachers in an American public school, explaining that ASIJ teachers “mentored” their students directly. She said that it was not common, however, for teachers to have a social relationship with students outside of class, stating: “Jack [Moyer] was unusual in that way.” Student #12 stated that she never heard that Mr. Moyer was “creepy” or anything similar. She noted that Mr. Moyer liked to put his arms around students, but that this behavior did not seem inappropriate or sexual to her at the time. • Student #12 stated that her interest in biology instigated her spending time with Mr. Moyer. She said that her interest in biology had started when she was younger, noting that she subscribed to layman’s science journals in 6th and 7th grade. She stated that in 8th grade she was a very motivated student. She stated that, in 8th grade, she often visited Mr. Moyer’s classroom, that he suggested books for her reading, and “fed her appetite for science". She said that she became more talkative with Moyer. It was her interest in biology that made him more interesting to her. 2 Student #12 – Memorandum of Statement • Student #12 stated that, in 9th grade (i.e., 1976 – 1977), she and Mr. Moyer became more “familiar” with one another. She said that she became a “Moyer groupie” and would use his office as a “home base” when she was in school, leaving her books there and stopping by in between classes. She stated that she was not the only student who spent time in Mr. Moyer’s classroom. • Student #12 stated that she started seeing Mr. Moyer outside of school when she began taking care of his dogs when he was in Miyake on weekends, or would walk the dogs with him after school. She said that he sometimes made her dinner or took her out to dinner. She said that during her 9th grade year, she became more comfortable visiting Mr. Moyer at his home and spending time with him out of school. She said that she had a key to his home because she helped take care of his dogs. She stated that other students would visit Mr. Moyer at his home or walk home with him, but none of these students was like her. She said that she had “privileges” that other students did not have. • Student #12 stated that her parents liked the way that Mr. Moyer encouraged her interest in science and completely trusted Mr. Moyer because he was a teacher at ASIJ. • Student #12 stated that, during the second half of 9th grade (i.e., winter/spring of 1977), she visited Miyake several times, always with another student. She said that she was not yet a certified SCUBA diver at that time. • Student #12 stated that, at some point during the second half of her 9th grade year, she took SCUBA class. She went on a number of ocean dives, including the one where she was certified. • Student #12 stated that, during her 9th grade year, Mr. Moyer never sexually abused her. She said that she “completely trusted him.” She said that she never saw Mr. Moyer “do anything to anyone else” and did not know until very recently that “there was anybody else.” • Student #12 stated that, in 10th grade (i.e., 1977 – 1978), she started visiting Miyake on a regular basis on weekends and during school holidays (e.g., spring break and Christmas vacation). She said that Mr. Moyer and other researchers used her as a research assistant. She said that she wanted to be a marine biologist. • Student #12 explained that she began spending significant time on Miyake in the beginning of 10th grade and continued to spend time on the island studying marine biology up through and including after high school. • Student #12 said that, since she was “spending so much time with biology,” she was “spending time with Moyer.” She said that she trusted him, and stated that he had never abused her and she had no reason to think that he had ever abused any other children. Their conversations became deeper and she would confide in him. She said that she often told Mr. Moyer stories about her family or talked to him about problems with her friends. She said that her trust in him continued to grow during her 10th grade year. She described Mr. Moyer as a “mentor” and “almost like another parent” to her. • Student #12 said that, at the beginning of 10th grade, Mr. Moyer began to treat her more affectionately, giving her back and foot rubs, sitting close to her, and putting his arm around her. She stated that the frequency of these interactions increased throughout the year. She did not see this as sexual and described herself as “very naive.” 3 Student #12 – Memorandum of Statement • Student #12 said that, in the fall of 10th grade (i.e., fall of 1977), Mr. Moyer tried to kiss her several times while they were at his home and while they were on Miyake. She said that she thought this was “gross” and would turn her head away from him. She said that she, of course, never had a sexual interest in him. She said that his hugs also became more sexual and she could feel that he had a “hard on” when he hugged her. She described herself as “naïve and stupid.” • Student #12 stated that, one evening during her 10th grade year, she and Mr. Moyer went out to dinner together. She said that he let her drink hot sake with him at dinner. After dinner, they returned to his home. She said that he had a room in the center of the house that was always closed, but that, on this evening, he took her into that room. She stated that he told her that another student – Student #4 – had lived with him, and Mr. Moyer told Student #12 that she could stay in that room if she ever needed a place to stay. She recalled that the bed had been prepared and that Mr. Moyer had locked the door when he entered the house, which was not his normal practice. She reiterated that she was “stupid and naïve” and did not recognize any “red flags” at this point. • Student #12 stated that Mr. Moyer told her how much he loved and cared for her. She said that she was completely inexperienced with regards to sex and he told her that it would “pain him to have some young boy just fuck her and leave her” and that he did not want that to be her first sexual experience. She said that he told her that he would teach her how to have sex and “how to be a woman.” Student #12 stated that she was very embarrassed by the conversation and told Mr. Moyer she did not want to have sex with him. • Student #12 said that, the “next thing [she] knew,” Mr. Moyer was removing her shirt and her pants. She said that she told him “no” and told him to stop. She said that his “pace got faster” and he removed his pants and underwear. She said that he pushed her onto the bed and climbed on top of her. She stated that she again told him “No! Please!” and that she “didn’t want to do it.” She said that he told her that he loved her and wanted to “teach her". She said that he forcibly held her down and raped her. She said she screamed out that he was hurting her and stop. She said that the entire time she was screaming “no, no, no” loudly enough that someone nearby would have heard. She stated that, when he had finished, she ran to the bathroom and locked herself inside. She noted that there was not a way to exit the house from the bathroom. She said that, when she eventually came out of the bathroom, Mr. Moyer hugged her, said he was sorry that he had hurt her, and said that he did what he did because he cared for her and wanted to teach her how to become a woman. She said that Mr. Moyer told her that “women never like it the first time” and that “men like the physical stimulation” but that “women have to learn how to like sex.” • It is noted that Student #12 became extremely distraught while describing this incident and was sobbing at the conclusion of her description. Ropes and counsel for ASIJ excused themselves from the interview room until Student #12 was able to regain her composure before continuing the interview. • Student #12 stated that she left Mr. Moyer’s house after this incident and went home. She said that she told her mother that she did not feel well; she said that she stayed home sick for days. She said that Mr. Moyer called her home, told her mother that he was worried about her, and asked after her. She said that she did not speak to him. She said that her mother 4 Student #12 – Memorandum of Statement knew that Student #12 was not feeling well, but did not know what was wrong and eventually told her to return to school. • Student #12 said that she was “horribly ashamed.” She said that she was afraid to tell anyone what had happened to her. She didn’t think that anyone would believe her if she told them. She said that she never knew that anyone else was abused by Mr. Moyer. • Student #12 stated that, when she went back to school, Mr. Moyer was “very kind” to her. She said that he told her that he had not meant to hurt her, that he loved her, and that she was special. She said that he told her she could not tell anyone what had happened and that it had to be their secret because society would not understand. • Student #12 described what happened with Mr. Moyer as akin to “being abused by a parent.” She said that Mr. Moyer had been someone that she “trusted just as much as anyone in the whole world.” She said that he brainwashed her to believe that they both would be in trouble if anyone found out what had happened. • Student #12 stated that, about one month after the first incident, Mr. Moyer began to abuse her again. She said that he was not as physically forceful as in the first rape, but she said that he “emotionally” forced her to submit. She said that Mr. Moyer repeatedly told her that they were in a relationship, and she said that she did not want to be in a relationship with someone who was her father’s age. She described Mr. Moyer’s behavior as “brainwashing” and “manipulation.” She said that Mr. Moyer made her afraid to tell anyone about the sexual abuse. • Student #12 stated that, from then on, she had a sexual encounter with Mr. Moyer every time she visited his home. She said that she “did not like it.” • Student #12 said that, by this point in 10th grade, she was going to Mr. Moyer’s house every day to talk about biology. She said that Mr. Moyer sexually abused her “hundreds of times, in hundreds of places, in hundreds of situations.” • Student #12 stated that, after the incidents with Mr. Moyer began, she completely changed and began hiding things from her parents. Her grades dropped from “As and Bs” to “Cs, Ds, and Fs.” She said that she became “depressed” and “belligerent” and drove “a wedge” between herself and her parents and friends. She stated that she did not tell her parents what was happening to her. • Student #12 said that from the summer of 1978 on, she worked in the lab on Miyake, was responsible for visiting scientists, and worked as a research assistant. Student #12 stated that, after 1979, she was the only one working as laboratory staff at the lab. • Student #12 stated that Mr. Moyer became more and more careless about his sexual assaults on her around people, and also assaulted her on the boat on the way to Miyake. She stated that she was always afraid that someone would see them. She said that she submitted to his assaults, but that she did not want to be in that type of relationship. • Student #12 stated that, on one occasion when she was in 10th grade, she was looking through Mr. Moyer’s dresser and found nude pictures of a young girl in his top dresser drawer. She said that she found these pictures after Mr. Moyer had already raped her. She said that he told her that the pictures were of Student #4. She described the pictures as “not 5 Student #12 – Memorandum of Statement pornographic” but “naked pictures.” She said that Mr. Moyer convinced her to allow him to take naked photographs of her in “pornographic poses.” She stated that he used the photos as a way of "blackmailing" her, keeping the pictures in his briefcase and that she was always anxious that the pictures would fall out or that a student would find the pictures. • Student #12 said that during her 11th grade year (i.e., 1978 – 1979), Mr. Moyer’s abuse continued. • Student #12 described Mr. Moyer as much more “careless” about hiding his abuse of her during her 11th grade year. They went out to dinner and took trips together. She stated that she was sure others suspected they were in a relationship because she spent all of her time with Mr. Moyer. She said that Principal #2 never asked her about Mr. Moyer. She said that Principal #2 knew how much time she was spending with Mr. Moyer and saw her leave school with Mr. Moyer every day. Regarding teachers at the school, Student #12 stated that “everybody knew” that she spent time with Mr. Moyer. She said that her siblings knew that she spent time with Mr. Moyer and worked in his lab. Her parents believed that she was a budding biologist and ahead of her time. • Student #12 stated that she had finished her high school credits one semester early. In her last year, she started doing well in school again and doubled up on classes. She said that she took her second semester of 12th grade off, and graduated in June of 1980. • Student #12 stated that, after graduation in 1980, she took a year off school and worked at the lab at Miyake. She lived at Mr. Moyer’s home in Tokyo while she was in Tokyo and at his home in Miyake when she was on the island. She stated that ASIJ’s 7th grade Miyake program was still going on at this time. • Student #12 stated that she continued to live with Mr. Moyer at his homes in Tokyo and Miyake until October of 1983 when the volcano on Miyake erupted for the first time. She recalled assisting emergency crews help to clean up the island and said that she was considered an “islander” by that point. It was well known by the people at the school that she was living with Moyer and running his lab. She said that, by the time she was 22 years old she was an accomplished biologist with many publications of her own research. • Student #12 said that she wanted to escape from Mr. Moyer’s control but did not want to give up biology. She said that she found an opportunity to leave Japan, but still stay involved in biology after two marine biology professors from the University of California came to visit Miyake. • Student #12 said that, when she left, she told Mr. Moyer that he was too much older than she was and that she needed to get out of this situation. She told him not to follow her to the United States. • Student #12 stated that in her first year in California (i.e., 1984), Mr. Moyer came to visit her unannounced. She said that he called her while he was already on his way to the United States. She said that he tried to be sexual with her, but she would not submit. She stated that she told him to leave her alone, and that she needed her own life. She said that he told her that he had come to propose to her. She said that he told her he had brought 100 sleeping pills with him and, if she turned him down, he would kill himself in front of her. She said 6 Student #12 – Memorandum of Statement that he told her that he wanted to die in front of her so she would know that he could never hurt her again. • Student #12 stated that Mr. Moyer took her out to dinner at a Thai restaurant that evening, and told her that it would be their “last supper.” She said that she thought Mr. Moyer’s reference to “last supper” meant that after supper he was going to return to Japan. She said that while they were at dinner, Mr. Moyer started speaking loudly and stated that he was going to kill himself when they returned to her apartment. Student #12 said that she paid for their meal before it arrived and told Mr. Moyer that they were leaving for her apartment. Instead, she drove him to the home of one of the University of California Marine Biology Professors (“Professor #1”). She stated that Professor #1 consulted with the second University of California Marine Biology Professor (“Professor #2”) and told her that he would take charge of Mr. Moyer until the following morning and then turn Mr. Moyer over to the authorities or to mental health services (she could not recall which). She said that Professor #1 told her to hide at Professor #2’s home in the meantime. • Student #12 stated that early the next morning, she received a telephone call at Professor #2’s home informing her that Mr. Moyer had escaped. She said that she knew Mr. Moyer would be at her apartment because he had told her that he wanted to kill himself in front of her. Student #12 said that she called 911. She said that by the time the ambulance arrived, Mr. Moyer had slit both of his wrists, was bleeding profusely, and had swallowed all 100 sleeping pills. She stated that he was placed in a mental ward in the hospital and a restraining order was put in place against him. She said that the police knew that Mr. Moyer was a “crazy guy who was obsessed with [her].” She said that she did not tell the police that Mr. Moyer had sexually abused her as a child. • Student #12 stated that, after Mr. Moyer’s suicide attempt, she ran away and was missing for some time before contacting her family. She moved apartments and changed her phone number and address. She said that after this incident, she completely cut off all contact with the ASIJ community and friends. She said that she changed her “whole life except for [her] name.” She stated that she gave up biology, explaining that her specific field of ichthology was so small that there was no way to continue her work in the field without Mr. Moyer being able to find her. • Student #12 stated that she never told anyone, including administrators at ASIJ, about the sexual abuse. She stated that she did not keep in contact with anyone at ASIJ until about four years ago. She said that one of her former ASIJ teachers from 7th grade contacted her after her mother passed away. She stated that the teacher did not know what had happened between her and Mr. Moyer, and said that she did not tell him what happened until March of 2014, after she received what she called “ASIJ’s bullshit letter.” • Student #12 stated that the teacher told her that, in 2012, he was playing golf with Principal # and they began discussing Mr. Moyer. Student #12 stated that the teacher told her the following: ° That Principal # said that Student #5’s husband was in contact with Principal # ; ° That Principal # told the teacher that Student #5 and her husband upset with Principal # because Principal # had not done more when Student #5 reported abuse to him by Mr. Moyer; 7 Student #12 – Memorandum of Statement ° That Principal # told the teacher that he had taken Student #5’s report to the Headmaster at the time (Head of School # and/or # ) and that nothing was done; and ° That Principal # said that he felt guilty about what happened with Student #5 and that he was worried about Student #12. • Student #12 said that she told the teacher that she had been abused by Mr. Moyer, specifically that she had been “physically raped and sexually abused for eight years after.” • Student #12 stated that she has not been able to read Student #1’s blog because it upset her too much, but that she had another person, Student #11, tell her what day of Student #1’s blog had Moyer’s letter of confession describing his abuse of Student #12 , so she could go straight there and read it herself. Student #12 stated that Mr. Moyer’s version of the story is “totally twisted, incomplete and untrue.” • Student #12 said that Principal #2 knew about Mr. Moyer before Mr. Moyer abused her. She stated that they all had trust in the school and she has a personal issue with Principal #2 because if he had done something she wouldn’t have been abused or any one after her. She stated that “[Principal #2] betrayed [her] just like Moyer betrayed [her].” • Student #12 stated that she wants “the truth to come out” and does not want ASIJ to be able to “cover it up.” She stated that ASIJ has “thrown them to the wolves” to protect the school’s reputation. • Student #12 said that she was grateful for the chance to speak to us and that she was one of a group who had pushed for an investigation. She stated that the school “owes it to [the victims] and to future students to take responsibility for what happened.” • Student #12 stated that she wanted the investigation to be thorough and wanted the full report, not a summary, to be released. She said that the “entire ASIJ community” deserves to know “the truth.” 8 Student #14 – Memorandum of Statement Interview of: Student #14 Crew Janci LLP1 Fremont Place II 1650 NW Naito Parkway Portland, Oregon 97209-2534 Date of Ropes Interview: Tuesday, September 9, 2014 Date Edited2 for Publication: Thursday, June 12, 2015 ______________________________________________________________________________ On September 9, 2014, Ropes & Gray LLP (“Ropes”) interviewed Student #14 at the offices of Crew Janci LLP (“Crew Janci”) in Portland, Oregon. The interview was conducted as part of Ropes’ independent investigation into allegations of sexual misconduct by former American School in Japan (“ASIJ”) teacher Jack Moyer. Also in attendance were Student #14’s counsel at Crew Janci, as well as counsel to ASIJ. The interview with Student #14 lasted for approximately one hour. This memorandum summarizes the interview. It is not a verbatim transcript. Student #14 and her counsel have had the opportunity to review and edit this draft to ensure that it accurately captures Student #14’s statement. ASIJ and the Friends of the American School in Japan, Inc. have agreed that any statement to Ropes by Student #14, including any notes of that statement, and any summary of that statement, including this summary, or any form in which Student #14’s statement is included in the investigation report prepared for the ASIJ Board of Directors, will be inadmissible in any subsequent litigation, and may not be used for impeachment purposes in any subsequent litigation. • Ropes and counsel for ASIJ each introduced themselves to Student #14. Ropes explained that they have been engaged by ASIJ’s Board of Directors (“the Board”) to conduct an independent investigation of the facts surrounding allegations of sexual misconduct by Jack Moyer. Ropes explained that they will produce a report for the Board at the conclusion of its investigation. • Ropes thanked Student #14 for her participation in the interview. Ropes told Student #14 that it was fine to take a break during the interview if she needed one and asked her to let him know if this was the case. • Before beginning the interview, Ropes gave ASIJ’s counsel the opportunity to explain her role. ASIJ’s counsel explained that while Ropes has been retained to conduct an independent investigation, she represents ASIJ generally. She told Student #14 that she had been invited by Crew Janci to attend the interview purely to observe and listen, and thanked Student #14 on behalf of the Board for participating in the interview. 1 Formerly O’Donnell Clark & Crew LLP (“OC&C”). 2 Student #14 has had an opportunity to review and edit this statement prior to the June 2015 publication of the Ropes and Gray Report by the American School in Japan Board of Directors. These edits were made to ensure protection of Student #14’s privacy, as well as the privacy of others mentioned within Student #14’s statement. 1 Student #14 – Memorandum of Statement • Student #14 was born in 1969. She and her family moved to Japan in January of 1979. • Student #14 stated that she attended ASIJ from halfway through 4th grade through 8th grade (i.e., 1979 – 1983). • Student #14 stated that between the ages of 11 and 12, Mr. Moyer was her 7th grade science teacher at ASIJ. She stated that, prior to 7th grade, she had no contact with Mr. Moyer because she attended the elementary school which was (at the time) in a different building than the middle and high schools. • Student #14 did not recall ever hearing rumors about Mr. Moyer being “creepy” or “touchy feely.” She stated that Mr. Moyer was “worshipped” by students, noting that he was “kind,” “generous,” “friendly,” and “funny.” She stated that he was a “huggy” person and that students thought that he was the “coolest thing ever.” • Student #14 stated that Mr. Moyer often kept her after class to talk to her. She said that he would ask her about her family and made her open up to him. She described herself as a “quiet kid” at that time. She stated that Mr. Moyer “singled her out” and “made her feel special.” She stated that he brought her gifts, and took her side when she was punished by her parents. Student #14 stated that she had a normal relationship with her parents. She recalled that Mr. Moyer gave her gifts, including cigarettes imprinted with the crest of the Japanese imperial family, explaining that Mr. Moyer tutored the crown prince in marine biology and would steal cigarettes from the waiting room at the imperial palace and give them to her. She said that he also may have given her notes or letters. • Student #14 stated that she did not live near ASIJ, and commuted to and from school by train. She said that she would sometimes stay later at school to watch a basketball game or stop at the “snack shop” on her way to the train. She stated that Mr. Moyer lived within walking distance of the school. • Student #14 stated that, one day during her 7th grade year (i.e., 1981 – 1982), Mr. Moyer invited her to his home to discuss marine biology and “what [she] wanted to do when [she] grew up.” Student #14 stated that they sat and talked for a long time. She recalled sitting on the floor looking up at Mr. Moyer and thinking he was “amazing” and “magnificent.” She stated that he was very encouraging to her and told her she could be whatever she wanted. She reported that before she left his house, he knelt down and kissed her on the lips. She stated that she thought he was going to hug her because he was a “huggy” person, and that she was “shocked” when he kissed her. She said that the incident was “bizarre” because Mr. Moyer was her teacher. She said that she was alone with him when this incident occurred, and that it occurred in the winter or early spring of her 7th grade year, before she visited Miyake with her 7th grade class. She stated that this was the only time that she visited Mr. Moyer at his home, and said that she did not tell anyone about this incident. • Student #14 stated that she visited Miyake in the spring of 7th grade (i.e., spring of 1982) as part of the 7th grade school field trip to the island. She stated that she has a picture of Mr. Moyer that was taken on that trip. She recalled him giving her a “look” with “his sad, droopy eyes.” She said that, at the time, she thought the look was “flirtatious,” but that now it “creeps her out.” Student #14 described Mr. Moyer as “attentive” but not inappropriate during her 7th grade Miyake trip. She stated that she recalled that two other teachers went on the trip: her band teacher and another teacher who she thinks was a science teacher. 2 Student #14 – Memorandum of Statement • Student #14 said that at some point after her 7th grade Miyake trip, Mr. Moyer called her at home and invited her to visit Miyake after graduation of that year. She stated that he told her that he wanted to teach her to dive. She said that she asked her parents and they had Mr. Moyer come to their house for dinner. She stated that her parents knew that she was interested in learning how to dive, and that Mr. Moyer told her parents that the purpose of the trip was to teach Student #14 how to dive. She stated that Mr. Moyer told her parents that Student #14 was interested in science, that he wanted to foster her interest, and that she was a good student. • Student #14 stated that she went to Miyake that summer (i.e., summer of 1982) for approximately one week. She stated that she was 12 years old at the time. She said that she knew that there would not be any other students on the trip and she would be alone with Mr. Moyer on Miyake. • Student #14 stated that she recalled her summer 1982 trip to Miyake well, but did not necessarily recall the order of things very clearly. She recalled that Mr. Moyer took her to dinner at a small neighborhood restaurant and that, on their drive back to his home, they stopped and Mr. Moyer bought alcohol. She recalled that they sat in the kitchen, listening to music, and that Mr. Moyer was drinking. She stated that he gave her cigarettes and, for the first time, gave her alcohol. • Student #14 stated that Mr. Moyer took her into a room that was off of the kitchen. He started by performing oral sex on her. He then got on top of her and put his penis in her mouth, forcing her to perform oral sex on him. She stated that he then got on top of her and raped her. She was very emotional and said “He took my virginity from me.” She stated that while Mr. Moyer was raping her, she pushed him off and ran to the bathroom. She stated that she was “humiliated” and knew that she “had to get out of the room.” Student #14 said that she recalled sitting in Mr. Moyer’s bathtub afterward with him (noting that Mr. Moyer had a “deep tub”). She said that as they were sitting in the bathtub, she was crying and asked Mr. Moyer what would happen if she became pregnant. She stated that he told her not to worry because he had had a vasectomy. • Student #14 said that she took a bath the following morning. She stated that Mr. Moyer made her breakfast and wanted to discuss what had happened the night before. She said that he asked her if she had “orgasmed.” She stated that she had to ask Mr. Moyer what “orgasm” meant. • Student #14 is not sure on which night of her summer 1982 trip this incident occurred. She stated that she otherwise has few specific memories of her visit to Miyake. She stated that there was no other rape on that trip, and that any other physical contact between her and Mr. Moyer would have consisted of fondling, groping or kissing. She said that Mr. Moyer was “affectionate” for the rest of the trip, and that he put her mattress on the floor next to his. She said that, at the time, she did not tell anyone what had happened to her. • Student #14 recalled that the day she left Miyake, she and Mr. Moyer were standing at the edge of the volcano and she grabbed his arm to keep from falling as she peered inside the volcano. She stated that when she grabbed his arm, Mr. Moyer put his arms around her and said, “The feeling is mutual. I know the feeling is mutual.” Student #14 said that she thought that she had done something to make him feel that way and that he made her feel 3 Student #14 – Memorandum of Statement “like [she] was special.” She stated that Mr. Moyer made it feel as if they were in a relationship. • Student #14 did not have Mr. Moyer as a teacher after 7th grade, nor did she ever have him as a coach for any school sport or activity. • Student #14 stated that, during her 8th grade year (i.e., 1982 – 1983) she may have stopped by Mr. Moyer’s classroom on occasion to chat with him, but doesn’t have any clear memories of doing so. • Student #14 stated that at some point in 8th grade, Mr. Moyer invited her to visit Miyake again. She said that she agreed to go if she could bring a friend with her. She said that Mr. Moyer at first refused, but eventually relented after she begged him. She stated that she wanted to dive and be on the island, but she did not want to be alone with Mr. Moyer. She stated that her friend accompanied her to Miyake during 8th grade. She said that she did not recall much about the trip and but recalled that Mr. Moyer was “more distant.”3 • Student #14 stated that, after her trip to Miyake in 8th grade, she did not interact much with Mr. Moyer, except for talking to him in the school hallways on occasion. She said that he wrote in her yearbook, recalling that his message in her 7th grade yearbook said “stay sweet” or something similar. She said that she has not looked back at her 8th grade yearbook, and stated that 8th grade was a “tough year.” • Student #14 stated that, at the time, she did not tell anyone about what had happened with Mr. Moyer. • Student #14 stated that when she moved back to the United States, she wrote to Mr. Moyer. She described her life at the time as “tough.” She said her life had disintegrated after the rape. She said that he wrote back to her once or twice. She stated that the last time Mr. Moyer wrote to her, he wrote about how lonely he was and told her that Student #12 had left Miyake. She said that he described himself in his letter as a “lonely old man” and asked her to ask her parents to send her to Miyake after the school year was over. She stated that she had “the creep out feeling” when Mr. Moyer wrote that he was “lonely” and wanted her to come back out to Miyake. She said that she was 15 years old at the time. • Student #14 stated that she never saw Student #12 on Miyake. She said that everyone knew who Student #12 was and that they were envious that Student #12 got to spend so much time on Miyake and do “exciting work.” Student #14 stated that she did not know that Student #12 was living with Mr. Moyer, only that Student #12 spent a lot of time on Miyake. • Student #14 discussed what motivated her to come forward about what happened with Mr. Moyer. She stated that she had been seeing a therapist as she has had anxiety and medical issues related to what Mr. Moyer did to her. She said that her therapist asked her when Mr. Moyer had died and she had to look it up on the internet because she could not remember. She stated that, at the time, she had only heard rumors that Mr. Moyer had committed suicide. 3 Subsequent to this September 2014 interview, Student #14 spoke with the friend who went on the Miyake trip with her in 8th grade. The friend informed Student #14 that, on the boat ride over to Miyake from the mainland, the friend witnessed Mr. Moyer groping Student #14. The friend interrupted them and pulled Student #14 away. The rest of the trip, the friend did not leave Student #14’s side. Mr. Moyer was furious at the friend. 4 Student #14 – Memorandum of Statement • Student #14 said that when she searched the internet in September of 2012, she found Student #1’s blog. She stated that she could “not believe that there were so many other people” and that she had thought that she “was the only one.” She said she felt so hurt. She knew she had to do something. She said that she “couldn’t believe” that no one had informed her that Mr. Moyer had named her in a 2003 or 2004 letter to Student #1. She stated that she read Student #1’s blog that night and then reached out to Student #1. She stated that she decided that she “needed to deal with it once and for all.” • Student #14 said that it took her just over a year to contact ASIJ from when she read Student #1’s blog, noting that she read the blog in September of 2012 and then wrote to the Board in November of 2013. She stated that the first time she “learned that the school knew about Moyer” was when she read Student #1’s blog. She said that she had “never blamed the school before” and that she had “never known that the school knew anything about [Mr. Moyer].” She said that she felt “betrayed” when she read “accounts of how [ASIJ] knew about others and didn’t prevent it.” She stated: “It could have been prevented completely if they had stopped him, if they had just done something.” • Student #14 stated that before she wrote a letter to the Board in November of 2013, she reached out to friends from ASIJ, and wrote to them first. Student #14 said that many were very supportive, but that she received one message from a male classmate who said to her: “I’ll tell you that [Mr.] Moyer wasn’t the only one and it wasn’t only girls.” She said that she corresponded with this classmate and that he told her that what happened to him was a “smaller concern” compared to what had happened to her, but that there were still “boys who were involved” with this other teacher and “it would hurt [those boys]” if he told her more. She declined to share her classmate’s name. She stated that her classmate has stopped returning her messages. She stated that it was not her impression that the teacher referenced by this classmate was still teaching at ASIJ, but that the teacher might still be involved in the ASIJ community. • Student #14 stated that when she initially wrote to the Board, she was “hopeful” because she received a response. She said that the administration “sounded compassionate” on a telephone conference with her. She stated that the administration talked to her about changes that they were putting in place. She said that she asked the administration to “go public.” She said that the administration did “only part of what [she] asked them to do.” She said that the Board sent out the March 2014 letter, but that many alumni did not receive it. She said that she asked the [former] Board Chair and another Board Member to use other publications to disseminate the message, as well. • Student #14 stated that she hopes that the school will protect current and future students. She stated that she was “horrified” that ASIJ had not been conducting background checks on its teachers. She stated that she wants the school to put policies and protections in place and provide training. She stated that she wants the school to be “held accountable” and to do the “right thing” and give an “honest apology” to “all of us.” She stated that “fair” and “just” compensation was also important to her and said that some of the victims have “suffered unimaginable stuff” for the last thirty to forty years. She stated that she also wants to see the full investigation report. • Student #14 stated that “[ASIJ’s] failure to act led to [Mr. Moyer] taking my virginity at [age] twelve.” She said that she wants the school to “take responsibility” and “make it right.” 5 Student #17 – Memorandum of Statement Interview of: Student #17 Crew Janci LLP1 Fremont Place II 1650 NW Naito Parkway Portland, Oregon 97209-2534 Date of Ropes Interview: Monday, September 8, 2014 Date Edited2 for Publication: Wednesday, June 11, 2015 ______________________________________________________________________________ On September 8, 2014, Ropes & Gray LLP (“Ropes”) interviewed Student #17 at the offices of Crew Janci LLP (“Crew Janci”) in Portland, Oregon. The interview was conducted as part of Ropes’ independent investigation into allegations of sexual misconduct by former American School in Japan (“ASIJ”) teacher Jack Moyer. Also in attendance were Student #17’s counsel at Crew Janci, as well as counsel to ASIJ. The interview with Student #17 lasted for approximately ninety minutes. This memorandum summarizes the interview. It is not a verbatim transcript. Student #17 and her counsel have had the opportunity to review and edit this draft to ensure that it accurately captures Student #17’s statement. ASIJ and the Friends of the American School in Japan, Inc. have agreed that any statement to Ropes by Student #17, including any notes of that statement, and any summary of that statement, including this summary, or any form in which Student #17’s statement is included in the investigation report prepared for the ASIJ Board of Directors, will be inadmissible in any subsequent litigation, and may not be used for impeachment purposes in any subsequent litigation. • Ropes and counsel for ASIJ each introduced themselves to Student #17. Ropes explained that they have been engaged by ASIJ’s Board of Directors (“the Board”) to conduct an independent investigation of the facts surrounding allegations of sexual misconduct by Jack Moyer. Ropes explained that they will produce a report for the Board at the conclusion of its investigation. • Ropes thanked Student #17 for her participation in the interview. Ropes told Student #17 that it was fine to take a break during the interview if she needed one and asked her to let him know if this was the case. • Before beginning the interview, Ropes gave ASIJ’s counsel the opportunity to explain her role. ASIJ’s counsel explained that while Ropes has been retained to conduct an independent investigation, she represents ASIJ generally. She told Student #17 that she had been invited by Crew Janci to attend the interview purely to observe and listen, and thanked Student #17 on behalf of the Board for participating in the interview. 1 Formerly O’Donnell Clark & Crew LLP (“OC&C”). 2 Student #17 has had an opportunity to review and edit this statement prior to the June 2015 publication of the Ropes and Gray Report by the American School in Japan Board of Directors. These edits were made to ensure protection of Student #17’s privacy, as well as the privacy of others mentioned within Student #17’s statement. 1 Student #17 – Memorandum of Statement • Student #17 was born in 1968. She said that she is 100% Japanese but moved to the United States when she was 4 or 5 years old because her father was transferred there for work. • Student #17 reported that Japanese was her first language. She currently works as a simultaneous interpreter. • Student #17 said that she began attending ASIJ in January or February of 1981, halfway through her 7th grade year. • Student #17 did not have Mr. Moyer as a teacher. She said that she had heard that Mr. Moyer was “the teacher that you had to get to know.” She said she knew girls who were his “groupies.” She said that it mattered to her that he spoke fluent Japanese and understood the Japanese culture. She said that the male students complained that Mr. Moyer treated them differently than the girls. She stated that she never heard any rumors that Mr. Moyer behaved inappropriately with students or was “creepy.” • Student #17 stated that she did not believe that Mr. Moyer still had a house near the school when she attended ASIJ. • Student #17 did not know any student at ASIJ who lived in a dormitory. She stated that her commute to and from school involved taking several different trains and took an hour and a half. • Student #17 said that she first officially met Mr. Moyer during a school-run trip to Miyake in the spring of her 7th grade year (i.e., spring of 1981). She said that she was in the second group to visit the island. She recalled that Student #12 was also on Miyake during her 7th grade trip to the island. • Student #17 said that Mr. Moyer told the students on the Miyake program a ghost story involving the shrine on the island. Part of the story involved a challenge to retrieve a spoon from the shrine. Student #17 said that she was the first student on that trip to retrieve the spoon. She stated that she wanted to prove to her classmates that she had “the guts and the courage.” Student #17 stated that this was what “triggered” her relationship with Mr. Moyer, noting that, after she retrieved the spoon from the shrine, Mr. Moyer started paying “serious attention” to her. • Student #17 said that she was a cheerleader, gymnast, and volleyball and basketball player. She said that Mr. Moyer would attend her volleyball games, basketball games, and gymnastics meets. Student #17 shared pages from her yearbook containing pictures of her on the ASIJ junior high and high school volleyball teams. The yearbook pages show that Mr. Moyer coached the junior high volleyball team while she played on the junior varsity team. • Student #17 stated that, when she was in 8th grade (i.e., 1981 – 1982), she recalled Mr. Moyer spotting her practicing back handsprings. She recalled feeling uncomfortable because Mr. Moyer would spot her “a little too low,” touching her buttocks rather than just her back or her head. Student #17 stated that Mr. Moyer was “overly feely.” She said that he loved to give back rubs and would often give students back rubs under their shirts in public. She said that Mr. Moyer at times touched the inside of her thigh in public. • Student #17 stated that she went to Miyake four times, including her 7th grade school trip to the island. She stated that Mr. Moyer started serving alcohol when she visited Miyake during 2 Student #17 – Memorandum of Statement 9th grade (i.e., 1982-1983). She said that he served beer and cheap liquor. She recalled Mr. Moyer being drunk on a couple of occasions, noting that he got sick and threw up after drinking on one occasion, but she doesn’t remember which trip that was. She thought that when Mr. Moyer was drinking, others were drinking too. She said that she never saw Mr. Moyer with drugs. • Student #17 stated that, in the summer of 1983 (i.e., the summer before her 10th grade year), she went to Miyake with three other students, who were members of the ASIJ class of 1985 (i.e., one year ahead of Student #17). She stated that Mr. Moyer was there and Student #12 was also there working as his research assistant. She described Student #12 as “the big sister” who had graduated from ASIJ, and said that Student #12 took care of her and her friends on that trip, making them peanut butter and jelly sandwiches and ramen noodles. Student #17 said that the purpose of her summer 1983 trip to Miyake was to “have fun.” She said that she and her friends thought Mr. Moyer was a “cool teacher.” • Student #17 stated that Mr. Moyer was “too touchy” but that she perceived this characteristic as a “westernized, American thing” and accepted that mannerism from him. She said that her father and mother had separated by the time she was 13 years old, and divorced when she was 15. She stated that Mr. Moyer was “there for her” during her parents’ divorce, and called her at home to check on her. She said that Mr. Moyer was someone that she trusted and respected and that it seemed like Mr. Moyer cared about her. She said that many of the teachers at ASIJ were “American Americans” who did not understand Japanese culture. She said that Mr. Moyer was different. She described Mr. Moyer as the “father figure that [she] wished [she] had had.” • Student #17 said that she knew that Student #12 was Mr. Moyer’s research assistant and was living with him. She said that she suspected that Student #12 and Mr. Moyer were in a relationship because they lived on a remote island and spent so much time together. • Student #17 said that she took her third trip to Miyake in the summer of 1985, just before her senior year. She said that an ASIJ high school teacher was there at the time. She stated that two college students from International Christian University (ICU), who were between 18-20 years old, also went on the summer 1985 trip to Miyake. • Student #17 said that she “tagged along” on the trip because she was interested in working in oceanography and marine biology. She stated that, during the day, they would explore the island and they drank a lot during the evenings. She said that, at that time, it was possible to purchase alcohol from vending machines. She recalled that Student #12 was not on Miyake at that time. Student #17 stated that the ASIJ teacher in attendance on that trip saw that she was becoming close to Mr. Moyer, and told her to “be careful” because Mr. Moyer was “a very, very lonely man.” The teacher told Student #17 not to get too close to Mr. Moyer. • Student #17 said that she thought Mr. Moyer had a foot fetish because he would always grab her feet. She stated that, other than Mr. Moyer being “touchy,” nothing happened with Mr. Moyer during her summer 1985 trip to the island. • Student #17 stated that other students and teachers knew that students would visit Miyake. She said that Mr. Moyer always called her home to get permission from her mother before she went on a trip to Miyake. She said that she had a “very conservative, Japanese mother” who was impressed by Mr. Moyer because he was world-class marine biologist with books 3 Student #17 – Memorandum of Statement published in Japanese. Student #17 said that it had been written up in the newspaper that Mr. Moyer had connections to the imperial family. Student #17 said that Mr. Moyer was like a “rock star.” • Student #17 began her senior year at ASIJ during the fall of 1985. She stated that on February 21, 1986, she was called to the principal’s office. She said that Principal #3 was the high school principal at the time, and the headmaster was Head of School #3. She said that when she arrived at Principal #3’s office, a guidance counselor was also present. Student # 17 said that Principal #3 told her that she was suspended from ASIJ for the remainder of her senior year, and that she would be permitted to return to ASIJ to finish her last semester in the fall of 1986 so that she would graduate in January of 1987. She said that she was suspended because a classmate had been caught with marijuana off-campus and named her as participating. • Student #17 said that she was very upset by the suspension, but that expulsion would have been worse. She said that she felt very badly about being suspended because her mother and father were divorced by then and her mother was raising Student #17 on her own (with assistance from Student #17’s grandparents). Student #17 said that the school did not call her mother and that she had to inform her mother about the suspension. • Student #17 said that about one week into her suspension, in March of 1986, Mr. Moyer called her at home. She said that he spoke to her mother who passed her the phone. She said that Mr. Moyer told her that he had heard why she was suspended and offered to speak to her mother about it. She said that he also told her to hire a lawyer to fight the suspension and reverse the administration’s decision. She said that she told him she would abide by the administration’s decision and would be able to deal with it. She stated that Mr. Moyer then offered to have her come out to Miyake to stay with him on Miyake until her final semester beginning in September 1986. She said that he could help her academically and that living on Miyake would keep her out of trouble in Tokyo. She said that her mother gave her permission to go because her mother could see that Student #17 was depressed, and was concerned about her. • Student #17 said that she went to Miyake in early March 1986. She stated that she spent time with Mr. Moyer every evening. She said that he did not fulfill his promise about teaching her marine biology and she did not think that he worked in his lab at all while she was there. She said that he was living on Miyake full time. She said that Mr. Moyer was drinking every night and was very lonely. • Student #17 stated that, within the first week and a half of her arrival on Miyake, Mr. Moyer began telling her “sob stories.” These included complaints about his financial problems, and that he had no future publications. • Student #17 said that Mr. Moyer also told her about a beautiful girl whom he had met in the Philippines (who he eventually married in 1987). She said that Mr. Moyer told her he wanted to marry this girl, but his financial issues made this difficult. Student #17 recalled feeling uncomfortable when, in a separate conversation, Mr. Moyer told her that he had a vasectomy and could not impregnate women. Student #17 said that she told Mr. Moyer she did not want to hear about this. She said that he quickly responded that there was a possibility that his future wife may want children and that that could cause a problem. 4 Student #17 – Memorandum of Statement • Student #17 stated that there was a new club (she described it as a “Filipino cabaret”) that opened on Miyake. Student #17 said that she thought all of the girls that worked at the club were under-age with fake ID cards. She said that the girls who worked at the club called themselves “the artists.” She said the girls would sing and dance on the tables and be friendly to their guests. She stated that the local men would visit the club. She described these men as “perverts.” She said that, after her first visit to the cabaret, she felt a “kinship” with the girls at the club, noting that they spoke Japanese and English, were very young and very sweet. She said that she saw some of the girls leaving the club with some of the male patrons. • Student #17 said there was a period of 7-10 days during the Japanese spring equinox holiday when Mr. Moyer left her alone on Miyake. She said that he told her to invite her friends to the island while he was gone. She said that several friends came to visit her and stayed for approximately three days and four nights. • Mr. Moyer returned to the island around the time her friends had left. Student #17 stated that after Mr. Moyer returned, they went to the cabaret. She said that night she recalled him being “touchier” than he usually was to the Filipino girls at the cabaret. She said that Mr. Moyer drove back to the house under the influence. She said that she was too tired to continue drinking and went to bed sometime after midnight. • Student #17 stated said that a few hours later, she woke up to find a naked man on top of her, trying to “rip [her] clothes off” and “maybe more than that.” She recalled the man’s heavy breathing on her neck and stated that he was feeling and squeezing her breasts. She reported that his other hand was in between her crotch with his erect penis on her vagina and he was trying to push into her. She stated that at first she did not realize what was going on and screamed. She stated that once she realized what was happening, she tried to push Mr. Moyer off of her. She said that she started kicking and eventually he fell backwards. She said that it was dark in the room and she was in shock. She stated that she ran out of the house without a coat (she said it was very cold and probably about 40 degrees Fahrenheit), ran through the woods, and eventually found the main road. Student #17 shared an aerialview photograph of Miyake with her notations indicating where she ran. • Student #17 said that, guided by the moonlight, she ran to a rocky beach area. She shared a photograph of rocky cliffs on Miyake. She said that she found a rock and sat there for four or five hours until the sun rose. She said that she was scared and did not know what would happen if she went back to the house. She said that she decided to return to the house and tell him that she wanted to leave the island. • Student #17 stated that, when she arrived at the house, Mr. Moyer began screaming at her that he had been driving around all night looking for her and could not sleep. She said that she told him that she would call the police if he did not let her off of the island. She said that when she said this, he became quiet. She stated that she called the island taxi service from the house telephone, packed quickly, and left. • Student #17 said that, when the ferry docked at Takeshiba Pier in Tokyo, she was greeted at the dock by three police officers who were announcing her name. She said that the officers escorted her to the police station on the pier and told her they needed to search her bags and her person. She said that she was afraid and did not call her mother because her mother had 5 Student #17 – Memorandum of Statement been through a lot. She said that the police searched her belongings and a female police officer patted her down. She stated that the police told her that Mr. Moyer had called them and told them that one million yen had gone missing from the island. She said that the police told her that Mr. Moyer was a “crazy man” on the phone, but that they still wanted to check up on what he had said. Student #17 said that she told the police that Mr. Moyer was her teacher who brought students over to Miyake Island. She said that she did not tell the police what Mr. Moyer had done to her. • Student #17 said that she was very relieved when she returned home and saw her mother and brother. She said that approximately three or four days later, she received a phone call from Principal #3. She believed that Principal #3’s call came at the end of March or the beginning of April in 1986. • Student #17 said that Principal #3 told her that he had heard from Mr. Moyer that money had gone missing and said to her, “I want to hear your side of the story.” She said that Principal #3 spoke only to her, and not to her mother. She noted that her mother does not speak much English. She thought that the call with Principal #3 lasted for approximately 30-45 minutes. • Student #17 said that she was “shocked and angry” at Principal #3’s statements. She said that she told Principal #3, “I am not a goddamned thief,” and told him that she had been physically searched by the police. She said that he told her that he believed her. • Student #17 said that she told Principal #3 that the reason Mr. Moyer had told Principal #3 that she stole money was because Mr. Moyer “sexually came on to [her]” and she had refused him. Student #17 confirmed that she used the word “sexually” in her conversation with Principal #3. She said that she did not use the word “rape” because she was ashamed and could not get those words out. She recalled that Principal #3 was “extremely sympathetic” and said that he was “sorry” for what had happened to her. She said that after she told Principal #3 that Mr. Moyer had “sexually come on” to her, Principal #3 told her that he had “heard rumors like that about Moyer” in the past. She recalled that Principal #3 told her that he knew Mr. Moyer was a lonely man and knew that he had financial troubles. Student #17 said that her impression from what Principal #3 said was that Mr. Moyer had come on to other students, but she confirmed that Principal #3 did not exactly say that. She said that Principal #3 did not elaborate on his statements except to say that he knew Mr. Moyer was lonely. She said that Principal #3 told her she should keep her story to herself, to not tell others, and it would be best for her to focus on graduating from school. She said that Principal #3 told her that he would have a conversation with Mr. Moyer. • Student #17 said that she attended her classmates’ graduation in 1986 and saw “all of Moyer’s groupies around him.” She said that she realized that Principal #3 “never did anything.” • Student #17 said that she returned to ASIJ in the fall of 1986 to finish her senior year and graduated at the end of that semester. She said that she saw Mr. Moyer around the school and that he would come back at least once per month. She stated that she would run and hide whenever she saw him. She said that, after the incident on the island when she ran away from him, she never talked to Mr. Moyer again. 6 Student #17 – Memorandum of Statement • Student #17 said that she did not tell anyone other than Principal #3 what happened with Mr. Moyer. She said that, when she graduated, Principal #3 did not say anything to her about Mr. Moyer. • Student #17 said that she decided to come forward about what had happened to her after she found out that “so many women had been victimized.” She said that “there is no way ASIJ faculty or administrators didn’t know.” She said that she believed teachers knew about Student #12. She stated that Mr. Moyer was “overly touchy and feely” in front of other faculty. She said that she was “angry” that the “school didn’t do anything” and said that “it could have been stopped a long time ago.” She stated that she would like the school to implement a process in place to prevent future cases of abuse. She said that Principal #3 “ignored all the signs.” She said that she wanted “justice” for girls who were sexually abused in any way at the hands of Jack Moyer. • Student #17 stated that what happened with Mr. Moyer “completely destroyed my dreams and aspirations as a child.” • Student #17 also stated that she knew others who had not come forward. She said that one of the reasons that she came forward is that she wanted Japanese girls to know that they could come forward. She stated that: “[Mr. Moyer] loved the Japanese girls just as much as he loved the Caucasian girls.” • Student #17 said that she wanted the full investigation report to “go public within the ASIJ community.” She said that she knew some members of the Board personally, noting that some were her friends, and said that she would be upset if they did not “understand.” Student #17 said that if she thought of anything else that was relevant to the investigation, she would give that information to her counsel. 7 Student #18 – Memorandum of Statement Interview of: Student #18 Crew Janci LLP1 Fremont Place II 1650 NW Naito Parkway Portland, Oregon 97209-2534 Date of Ropes Interview: Tuesday, September 9, 2014 Date Edited2 for Publication: Wednesday, June 11, 2015 ______________________________________________________________________________ On September 9, 2014, Ropes & Gray LLP (“Ropes”) interviewed Student #18 at the offices of Crew Janci LLP (“Crew Janci”) in Portland, Oregon. The interview was conducted as part of Ropes’ independent investigation into allegations of sexual misconduct by former American School in Japan (“ASIJ”) teacher Jack Moyer. Also in attendance were Student #18’s counsel at Crew Janci, as well as counsel to ASIJ. The interview with Student #18 lasted for approximately one hour. This memorandum summarizes the interview. It is not a verbatim transcript. Student #18 and her counsel have had the opportunity to review and edit this draft to ensure that it accurately captures Student #18’s statement. ASIJ and the Friends of the American School in Japan, Inc. have agreed that any statement to Ropes by Student #18, including any notes of that statement, and any summary of that statement, including this summary, or any form in which Student #18’s statement is included in the investigation report prepared for the ASIJ Board of Directors, will be inadmissible in any subsequent litigation, and may not be used for impeachment purposes in any subsequent litigation. • Ropes and counsel for ASIJ each introduced themselves to Student #18. Ropes explained that they have been engaged by ASIJ’s Board of Directors (“the Board”) to conduct an independent investigation of the facts surrounding allegations of sexual misconduct by Jack Moyer. Ropes explained that they will produce a report for the Board at the conclusion of its investigation. • Ropes thanked Student #18 for her participation in the interview. Ropes told Student #18 that it was fine to take a break during the interview if she needed one and asked her to let him know if this was the case. • Before beginning the interview, Ropes gave ASIJ’s counsel the opportunity to explain her role. ASIJ’s counsel explained that while Ropes has been retained to conduct an independent investigation, she represents ASIJ generally. She told Student #18 that she had been invited by Crew Janci to attend the interview purely to observe and listen, and thanked Student #18 on behalf of the Board for participating in the interview. 1 Formerly O’Donnell Clark & Crew LLP (“OC&C”). 2 Student #18 has had an opportunity to review and edit this statement prior to the June 2015 publication of the Ropes and Gray Report by the American School in Japan Board of Directors. These edits were made to ensure protection of Student #18’s privacy, as well as the privacy of others mentioned within Student #18’s statement. 1 Student #18 – Memorandum of Statement • Student #18 was born in the United States in the early 1970s. Her family moved to Japan in 1984, when she was halfway through 5th grade. She stated that she attended ASIJ from the second half of 5th grade through 8th grade (i.e., 1984 – 1987). • Student #18 said that she started ASIJ halfway through 5th grade at the lower school and then moved into the new middle school building when she started 6th grade. She stated that she knew of Mr. Moyer as soon as she arrived on the middle school campus, noting that “everyone talked about [Moyer].” She said that her older brother’s friends “wore their cow rings with pride.” She said that only students who had been to Miyake could wear cow rings, and that everyone talked about going to Miyake and getting their rings. She did not recall hearing rumors about Mr. Moyer being “touchy feely” or “creepy.” She said that she believed that Mr. Moyer was no longer living near the school when she was a student at ASIJ. • Student #18 did not recall whether her parents had to fill out a permission slip in order for her to attend the 7th grade Miyake trip, but believed that they must have. She said that before she went on any trip where she would not be sleeping at home, her mother would speak to the people with whom she would be traveling or staying. She said that her mother, who did not speak Japanese, would hire a translator if necessary to check on the details of any trip that Student #18 took. She stated that when she was in 6th grade, her class participated in a cultural exchange in Numazu where ASIJ students were paired with Japanese students and stayed at their homes with other non-ASIJ American students. • Student #18 stated that the “dynamic” between teachers and students in America was not very different than the dynamic between teachers and students in Japan. She said that she was close to her teachers in both places. • Student #18 reported that she first met Mr. Moyer in the spring of 1986, when she went to Miyake with her 7th grade class. She said that there were two high school chaperones on the trip. Student #18 said that she knew both chaperones well because they were friends with her older brother. She stated that there were faculty chaperones on the trip as well, but she did not recall their names. She said that half of the students stayed at Mr. Moyer’s house, the other half stayed at the minshuku (i.e., a rooming house/inn), and the two groups switched places halfway through the trip. She said that she stayed at Mr. Moyer’s home during the second half of the trip. • Student #18 stated that during her 7th grade Miyake trip, the students engaged in many outdoor activities. She said that they learned how to make paper, explaining that they collected the materials to make paper, assembled the materials, dried them out, and constructed books. She stated that the students wrote poetry in the books that they had made. She said that when she arrived on Miyake, she told Mr. Moyer that she had been waiting for several years to get her cow ring. She said that he gave her an extra cow ring, which made her feel very special. She stated that she did not have any strange or inappropriate encounters with Mr. Moyer during her 7th grade Miyake trip. • Student #18 said that after her first Miyake trip, she exchanged addresses with Mr. Moyer and they kept in touch. She said that he wrote his address in the poetry book that she had made while on Miyake. She stated that she still has the book. She said that she knew that 2 Student #18 – Memorandum of Statement Mr. Moyer had “favorites” and that his favorite girls were “popular” and “everyone looked up to them.” • Student #18 said that she traveled back to the United States every summer with her family. She stated that Mr. Moyer knew that she loved the ocean, and that she wanted to be a marine biologist when she grew up. She said that he encouraged her to become SCUBA-certified while she was in the United States during the summer after her 7th grade year. • Student #18 stated that Mr. Moyer began writing to her as soon as she returned to Tokyo after her 7th grade Miyake trip. She said that he sent his letters to her parents’ home and that she did not recall many details of the letters. She thought that his first letter asked about Tokyo and inquired how things were going at school. She recalled that he asked her to purchase a specific brand of rat trap when she went to the United States. She said that she did purchase the rat traps for him. She recalled exchanging letters with Mr. Moyer on a weekly basis. She stated that she did not think her mother knew how much she was corresponding with Mr. Moyer, but she said that her mother saw his letters arriving at their home. • Student #18 stated that while she was in the United States during the summer before 8th grade, Mr. Moyer wrote and invited her to visit Miyake for a week to go diving with him. She stated that, in part at Mr. Moyer’s urging, she had been taking SCUBA classes. Student #18 said that she had informed Mr. Moyer that she was getting her SCUBA certification and he invited her to visit the island and bring friends. • Student #18 described her mother as being of a “protective nature.” She said that her mother may have spoken to the school before Student #18 visited Miyake, but confirmed that she did not know this. She said that she invited two female friends to visit Miyake with her in the summer before 8th grade (i.e., summer of 1986). She said that there were two “Japanese girls” (i.e., not ASIJ students) who were also on the island at the same time. She did not know where the two Japanese girls stayed on the island. • Student #18 said that before her summer 1986 trip to Miyake, she and her two friends had gone shopping and planned to wear coordinated outfits on each day of the trip. She said that before they arrived on the island, the two friends started to exclude her. She explained that they spoke in Japanese (which Student #18 had trouble understanding if it was spoken rapidly) and on the first day of the trip wore a different outfit than the one that they had planned to wear with Student #18. • Student #18 said that Mr. Moyer met them at the dock when they arrived on the island and took them to his home. She said that he took them to explore lava wreckage and showed them the sights of the island. She said that he never provided them with alcohol or drugs. She did not recall if Mr. Moyer drank while they were visiting him. • Student #18 said that Mr. Moyer paid attention to her because she was visibly upset at being excluded by her friends. She said that she told him that her friends were leaving her out and said that he comforted her. She stated that they would go shopping for dinner and then after dinner, he would play his guitar and they would sing. She stated that Mr. Moyer was a horrible singer and that he also played jazz music. 3 Student #18 – Memorandum of Statement • Student #18 said that she, her two friends, and Mr. Moyer all slept in the same room with a tatami floor. She said that her two friends put their futons on one side of the room together, away from Student #18’s futon. She said that Mr. Moyer put his bed next to hers. • Student #18 recalled that she was trying to sleep when she felt Mr. Moyer touching her hair and rubbing her back. She compared Mr. Moyer’s actions at first to her mother touching her hair, but said that she quickly began to feel that his touch was different than the way her mother touched her hair. She explained that it felt comforting when her mom did it but it wasn’t comforting when Mr. Moyer did it. She said that she closed her eyes and tried to go to sleep. She said that Mr. Moyer did not stop touching her all night long. She said that he played with her hair, touched her back and legs, and then began fondling her breasts. She said that she pretended to be asleep the entire time. She stated that she was “terrified” and she would pretend to wake up and roll over to create space or distance from him. She stated that he would leave her alone for a while but then would resume touching her. She stated that the fondling started on top of her clothing and then moved underneath her clothing. She said that Mr. Moyer moved from fondling her breasts, to touching her genital area, sticking his fingers inside of her vagina, and touching her buttocks. She said that it felt like Mr. Moyer molested her during the entire night, but that at some point she fell asleep. She stated that Mr. Moyer did not try to have intercourse with her. • Student #18 said that the next morning, she was “scared” and “confused,” but “put on [her] happy face” and carried on with activities throughout the day. She stated that Mr. Moyer gave her lots of hugs, and was “touchy feely” with her, and called her sweetie, but didn’t say anything about what happened the night before. She said that the two friends continued to exclude her. She said that things proceeded that way throughout the trip, and that Mr. Moyer molested her every night and she dreaded it. She said that during the day when in the ocean she would “escape” and felt “free and clean.” She stated that she felt “serenity” when she was in the ocean. Student #18 said that she dreaded going to bed and became anxious when the sun would start to set because she knew that night was approaching. • Student #18 stated that, when the trip was over, Mr. Moyer drove her and her friends back to the boat to Tokyo, told her to keep in touch, and said that he would visit her in the United States. Student #18 said that she was just about to start 8th grade. • Student #18 stated that when she returned to Tokyo, she was “angry” and was a “different person.” She said that her mother immediately noticed the difference in her. She stated that she directed her anger at her father, and recalled “hating” her father, whom she stated is a “good man.” She said that her brother left for college that summer and returned to the United States. • Student #18 stated that Mr. Moyer continued to write to her and she would respond occasionally, but not as frequently as she had before. She said that Mr. Moyer’s letters were very personal but he kept the subject matter pretty superficial, e.g., discussing the species of fish that he had seen on their dives, but also how much he liked her. • Student #18 stated that she did not tell her family or friends about what had happened with Mr. Moyer at this point. She said that her mother asked her what had happened and that she had told her mother that the other two girls on the trip had excluded her. She said that Mr. Moyer called her house several times, and on one occasion invited Student #18 out for 4 Student #18 – Memorandum of Statement dinner. She stated that her mother refused to allow her to go, and asked her whether there was anything going on between her and Mr. Moyer. Student #18 said that she denied it. • Student #18 stated that she had hidden Mr. Moyer’s letters, but at some point, her mother found the letters under pretense of “cleaning” Student #18’s room. She said that her mother asked Student #18 what was going on, and they proceeded to have a “knock down drag out” fight. Student #18 said that she accused her mother of invading her privacy and snooping through her things; her mother said that she was trying to help her. She stated that, at this point, she did not tell her mother what had happened with Mr. Moyer, noting that she was able to “fend [her mother] off” for the time being. • Student #18 said that her mother kept “nagging” her about what had happened to her. She stated that at some point during the winter of her 8th grade year, she “broke down and cried” and admitted what had happened to her while she was on Miyake. She said that her mother asked her “whether there was sex” and Student #18 responded “no.” She said that she did not describe to her mother the exact details of what happened to her; she said that she told her mother that she had not had sex, but that Mr. Moyer had touched her sexually. Student #18 said that she “begged [her] mother to drop it.” She said that everyone loved Mr. Moyer and she was popular because she was one of “Moyer’s girls.” She said that she did not want to be responsible for getting Mr. Moyer fired and thought that everyone would hate her if she had him fired. She said that she begged her mother not to report to the school what had happened. • Student #18 said that her mother got in contact with her brother who was in college in the United States. She said that her brother reached out to a teacher about what had happened to Student #18. The teacher said that she was not surprised to hear about Mr. Moyer’s inappropriate behavior, and said to contact the school nurse. • Student #18 stated that her mother made an appointment to meet with the school nurse. However, the meeting was “abruptly canceled” the day before it was supposed to have occurred. Student #18’s her mother told her that the school nurse had refused to meet with her. Student #18 said that her mother was upset that the school nurse had canceled the meeting and said that her mother told her that the nurse knew something about Mr. Moyer that she was not sharing. The teacher said that the school nurse cancelled because “something bad” had happened between and Mr. Moyer. • Student #18 said that her mother then went to Head of School #3, the headmaster at the time. Student #18 said that, unbeknownst to her, her mother had called Head of School #3 and tried to schedule an appointment to meet with him. She said that Head of School #3 had refused to meet with her mother, and told her mother to tell him over the phone what she wanted to say. Student #18 said that her mother told Head of School #3 that her daughter had gone to Miyake, spent a week with Mr. Moyer, been molested for seven nights while she was there, and was a very different child when she returned. She said that her mother demanded that the school stop the Miyake program, that Head of School #3 stop providing Mr. Moyer with access to young girls, and that Mr. Moyer cease all contact with Student #18. • Student #18 stated that her mother assured her that her name “would not be associated with any of it.” She said that she was very upset with her mother, not because she wanted to 5 Student #18 – Memorandum of Statement continue a relationship with Mr. Moyer but because she was worried about what would happen to Mr. Moyer and how the rest of the school would react. • Student #18 said that after her mother spoke to Head of School #3, Mr. Moyer ceased all contact with her. • Student #18 stated that her brother wrote a letter to Head of School #3 from the United States. She thought that her brother wrote to Head of School #3 because he could not be in Tokyo with them to help deal with what had happened. She said that she has never seen the letter that her brother sent to Head of School #3, and did not recall whether her brother ever received a response from Head of School #3. She said that her experience strengthened her relationship with her brother, noting that they corresponded “all the time” while he was at college in the United States and that her brother reassured her that he loved her. She said that she is very close to her brother. She said that she has never described the details of the abuse that she suffered to her brother and stated that everything that he knows he learned from their mother. • Student #18 stated that her father was not home often because he was frequently with customers in Tokyo. She said that her father recently told her that he wrote a letter to ASIJ. She said that, to this day, she does not talk to her father about Mr. Moyer, noting that it is “not something he can handle.” • Student #18 stated that she went back to the United States halfway through her 8th grade year. She stated that she lost touch with happenings at ASIJ when she left Japan. • Student #18 said that, around 1994, possibly after receiving correspondence from ASIJ that included an article on Moyer, she and her mother and brother learned that Mr. Moyer was still running the Miyake program. Student #18 said they had assumed that because Mr. Moyer had ceased his contact with Student #18, “[Head of School #3] had kept his promise” that Mr. Moyer “would not have contact with any more girls.” • Student #18 said that when her brother discovered that Mr. Moyer was still running the Miyake program, he contacted the Headmaster of ASIJ at the time, Head of School #4. Her brother wrote a letter to Head of School #4 around May of 1994, detailing the abuse Student #18 suffered and the prior reports he and his mother made. The brother also stated that he was shocked that the school was still giving Mr. Moyer access to young girls. The brother’s letter also informed Head of School #4 that Head of School #3 had assured the family that he had taken care of Mr. Moyer.3 • Student #18 said that she has come forward because she thought that the Head of School’s and the Board Chair’s correspondence of March 2014 was “hurtful beyond words.” She said 3 Following this September 9, 2014 interview, Student #18 learned that ASIJ was in possession of this 1994 correspondence, and now adds the following details: In June of 1994, Head of School #4 responded to Student #18’s brother’s letter. Head of School #4 stated that he looked through Mr. Moyer’s personnel file and “could find nothing to substantiate [Student #18’s brother’s] claims” and was “unable to corroborate” the brother’s assertions. In October of 1994, Student #18’s mother wrote a letter to Head of School #4 after learning of his response to Student #18’s brother. In that letter, Student #18’s mother provided a detailed review of her and her son’s prior reports of Student #18’s abuse, and begged Head of School #4 “not to allow the children” to return to Miyake. She ended by stating, “trust me when I say that my daughter wasn’t the first, and I promise won’t be the last, if something is not done to stop [Mr. Moyer].” Head of School #4 never responded to this letter. 6 Student #18 – Memorandum of Statement that when the second letter came out in April 2014, “it was just so poorly handled.” She said that had written in correspondence something to the effect of: “These victims are just looking for someone other than Moyer to blame.” She described ’s correspondence as “so impersonal.” She stated: “Had they just reached out and apologized from day one, none of us would be here.” She stated that she is still a “proud Mustang” and still loves ASIJ, noting that she still wears ASIJ clothes. • Student #18 said that she understood that many in the current administration were not at ASIJ when the events with Mr. Moyer happened and that they “inherited this mess,” but she said that she felt that the Board Chair “wants some acknowledgement that they’re the first administration that’s admitting it.” She said that the Board Chair said that the school was “reaching out to victims,” but the school did not reach out to any of them. • She stated that Student #14 reached out to Student #18’s brother and “bugged him” to get Student #18 to join Facebook. She said that she initially resisted, but eventually joined and said that it was the “best thing she ever did.” She said that through Facebook she met “her sisters” and “created the bond” that they now have. • Student #18 described her relationship with “her sisters” as a “connection” for which she is very grateful. She mentioned waking up in the middle of the night and getting a text message from Student #12 who also could not sleep. She stated that she is glad to “have these sisters in [her] life.” She stated that to find that there are others out there that understand has made this process worthwhile. • Student #18 described herself as an “extremely positive person” and said that she knows that “shit happens.” She said that she would not have many of the things she treasures in her life if it were not for her time at ASIJ. • Student #18 stated that she is concerned about the thoroughness of the investigation because “a lot of players are dead; some are flat out lying.” She said that she would like to receive a copy of the full investigation report as well as any documents that relate to her personally. • Student #18 then turned to counsel for ASIJ and asked her “how can you defend this?” She stated that every time she and the other victims have to “relive” what happened to them and to tell their story, it re-traumatizes them. She stated that she did not want to have to continue retelling her story and that counsel for ASIJ had the power to stop that and she should do so. 7
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