Iowa State recently lost a $3 million sexual harassment lawsuit, but officials say the battle may not be over.

The attorney general and assistant attorney generals working on the case plan to appeal the court’s decision that awarded $3 million to former student Julie DeVall McElroy.

The defense team for the university plans to appeal because they believe there was information presented in the trial that should not have been allowed, Paul Tanaka, university counsel, said. There were several errors made during the trial and the defense could and probably will appeal for a number of reasons, he said.

Tanaka said he expects the appeal to be made within 30 days after the post-trial motions are decided. The specifics of the appeal are not available until the case is completely closed.

“If they do appeal, I believe we have a solid record [to retaliate],” Paige Fiedler, attorney for the plaintiff, said.

If awarded, this will be the largest amount awarded to a student for sexual harassment in the history of Iowa State, Tanaka said.

McElroy notified the curriculum and instruction department chair, Ann Thompson, of Lynn Glass’ inappropriate behavior in 1995, according to court documents.

Glass, former professor of education, was ordered to have no contact with the graduate student. McElroy was then removed from her position as Glass’ graduate assistant.

According to court documents, McElroy assisted Glass in organizing SciLink II, an exchange and relationship-building program between high school students in Russia and the United States.

McElroy and Glass left for an ISU-sponsored month-long trip to Moscow in April 1995 with other participants.

While in Moscow, Glass booked a joint two-room hotel suite for him and McElroy. McElroy moved her bed from the bedroom to the living area and slept with her clothes on, according to court documents.

According to court documents, he touched her hands, arms, knees, and gave her neck and foot massages. He kissed her forehead and cheeks and shared intimate details regarding his sex life with her.

When McElroy told Glass she was uncomfortable with his actions, he became upset and confrontational, according to court documents.

In June 1995, McElroy filed a formal complaint with the ISU Affirmative Action Office. The university intended to suspend Glass for a year without pay. However, the suspension was dropped when Glass was diagnosed with terminal colon cancer. He died a year later.

Feeling the university did not do enough to keep Glass away from her, McElroy filed a petition against the State and Iowa State in November 1997. The trial concluded with a verdict in favor of the defendant.

“After she came forward, the university failed to take action to protect her,” Fiedler said.

University representatives disagree.

“I feel the university responded quickly [and properly] to her complaint,” Tanaka said.

After being denied a new trial, McElroy appealed because she believed the court shouldn’t have allowed the university to file a late answer and important evidence was excluded. She further alleged the district court erred in instructing the jury.

A second trial reversed the first decision on June 20 because the court concluded McElroy was prejudiced in the first trial because she was required to prove the harassment affected her employment.

The new verdict states Iowa State must pay $3 million to McElroy for past and future medical bills, lost income, and pain and suffering.

“I think the reason she won was because her testimony was so compelling,” Fiedler said. “We had another witness who shared similar experiences she had with Glass.”

Fielder not only is happy about the verdict, but she also admires the plaintiff for her bravery, she said.

“She is one of my heroes,” Fiedler said.

McElroy said she has no ill feelings toward the university and believes the current university leadership is very good.

She said she hopes that by coming forward and not giving up in court, she will inspire others to do the same.

“I already gave up on my career and future [by dropping out of the Ph.D. program],” she said. “It may be too late for me, but it is not too late for other women.”

McElroy said she advises victims to speak to someone they trust.

If they are not taken seriously, she suggests hiring an attorney. McElroy found the ISU Student Counseling Service to be very helpful and advises others to utilize it as well.