Daily Staff Writer

by ARIANNA LAYTON

The administrative hearing regarding sexual harassment charges against Professor Michael Simonson proceeded haltingly Wednesday.

Only four witnesses had time to testify between an avalanche of objections from prosecuting and defense lawyers during the day’s hearing, which began at 9:30 a.m. and continued past 6 p.m.

“Why are we making this tougher than it is?” university attorney CeCe Wagner said in frustration after one objection.

Simonson, professor of curriculum and instruction, faces allegations of violating university policy, creating a hostile environment, offensive conduct and sexual harassment.

Meredith Hays, the last of three women to testify, and who filed a complaint against Simonson, related events of alleged inappropriate conduct and comments from Simonson on several occasions.

“What he did was wrong. He should not be allowed to do this to other students. He had no right to do that to me. He is in a position of power,” she said.

Hays’ complaint was dismissed due to the time elapse between events and her actually filing. However, her experiences are being used as supporting evidence for complaints from Beth Kumar and Mindy Gallagher, both of whom testified Tuesday.

Hays worked as a research assistant under Simonson and had asked him to be her major professor, although he officially was not.

Hays alleged that during a meeting with Simonson, he repeatedly grabbed his crotch each time she looked down to write in her planner and was grinning when she looked up in shock. She said he also grabbed or “adjusted” himself in class.

In another instance, she said he ran his hand across the small of her back in an “intimate” manner at a reception.

Simonson helped Hays set up an interview for an internship with Blue Cross/ Blue Shield, Hays testified, and insisted on accompanying her.

“I said, ‘I’m a big girl. I can do the interview by myself’ and he said no, I can’t,” Hays said.

Although she lived only about 10 minutes from the interview in Des Moines, Hays drove to Ames to meet Simonson and drove with him to the interview. Hays said Simonson dominated the conversation during the interview, answering questions directed toward her and made her feel like an “idiot.”

On the drive back to Ames, Hays alleged Simonson began tapping her knee during conversation, as if to punctuate a sentence. Later, she said, he grabbed her knee a couple times, as well as her mid-thigh.

Hays also said Simonson told co-workers that Hays’ qualifications for being a research assistant were being “about 25, cute and blond.”

After repeated objections and halts during cross-examination, Hays rolled her eyes at Simonson’s lawyer, Stephen Terrill. She snapped her head, startled, when Terrill said he would not have to admit new exhibits “had the witness simply told the truth in the first place.”

The exhibit was withdrawn and Terrill was ordered to provide advance copies of it and other items by 5:30 p.m. Wednesday.

Terrill suggested Simonson might have tapped Hays’ knee out of habit as a form of punctuation to his statements. Hays testified that other surfaces like the dash or steering wheel were more appropriate than her body.

Corrobating circumstances

William Sadera, a graduate student in curriculum and instruction, testified to corroborate events that took place Oct. 4, 1996, when Simonson allegedly tried to put his hands down Gallagher’s pants in his hot tub.

He recounted events on that evening in which he went to a strip bar and to Simonson’s house to relax in his hot tub with Gallagher, Simonson and Mary Anderson, wife of John Anderson, who was then acting director of University Relations.

While in the hot tub, Sadera alleged Simonson was naked when he got out of the hot tub to get a beer. When he returned, Sadera said, Simonson sat down next to Gallagher.

Sadera said Gallagher started grabbing his leg as if something wasn’t right. When the hot tub sprang a leak and water began gushing out, Sadera said Gallagher jumped out and left.

He met up with her in the driveway in front of Simonson’s house, he said, where she was crying. Sadera said he asked her what happened, and she told him Simonson had tried to put his hands down the white boxer shorts Simonson had given her to wear in the hot tub.

Sadera could not verify that Simonson actually attempted to do so.

Steve Young, university attorney, tried to diagram the positions of people in the hot tub, which Terrill objected to, saying Sadera should draw it himself.

“I’m permitted to draw this. [Terrill] gave us photos. It’s no secret. That’s one of the few things he gave us,” Young exclaimed, but handed the marker to Sadera.

Sadera said he told Gallagher to keep the incident between themselves. “I grew up in New York,” he said. “You keep your mouth shut. I was scared of what could happen.”

Sadera said he was scared of Simonson because he “displays a lot of power.”

Jean Johnson, who investigated the sexual harassment complaints of Gallagher and Kumar for the university, testified that after her investigations, she recommended to Carla Espinoza, interim affirmative action officer, that Simonson be dismissed. She said she would not change her recommendation now.

Although many incidents came down to “he said, she said,” Johnson said she examined the motives of those involved.

“Certain relationships are more prone to be abused due to power positions,” Johnson said. “In these incidents, there were no other witnesses around. They were meant to be secretive.”

The women filing against him, she said, had no apparent grudges or vendettas against Simonson, owed their jobs to him and have nothing to gain by charging him, whereas Simonson, who denies accusations against him, stands to lose his position as a tenured professor.

Espinoza testified she likewise recommended Simonson be put on leave with pay, which he was until District Court Judge Timothy Finn ruled last May that he should be returned to work pending a hearing.

She also said Kumar and other witnesses gain credibility because they have “everything to lose but [are] willing to come forward,” although they risk not being believed.

Johnson said Gallagher was not aware of Hays’ or Kumar’s complaints when she filed and vice versa.

She said of all the sexual harassment cases she has investigated, this one is “the most encompassing, biggest investigation,” with twice as many witnesses.

Despite time discrepancies in some testimonies, Johnson said she believes the complainants are credible and others corroborated their testimonies.

Espinoza also testified that Simonson’s sexual relationship with Kristen Wright, although it was consensual, could be considered to violate university policy outlined in the Faculty Handbook because Wright was under Simonson’s supervision.

The trial is scheduled to continue until Friday in the Founder’s Suite of the Ames Public Library with Administrative Law Judge Donald Bohlken presiding.