Judge postpones Simonson hearing
December 15, 1997
After hearing testimony from three witnesses Friday, Administrative Law Judge Donald Bohlken delayed the remainder of Professor Michael Simonson’s the sexual harassment hearing of until January.
Bohlken determined there would not be sufficient time Saturday for the numerous witnesses left to testify.
Simonson, a professor of curriculum and instruction, is accused of violating university policy, creating a hostile environment, offensive conduct and sexual harassment.
Mary Anderson, graduate student and employee of Simonson’s, testified for the defense regarding the hot tub incident in which Simonson allegedly tried to put his hands down Mindy Gallagher’s shorts.
Anderson testified she never saw Simonson display inappropriate behavior, yet she admitted seeing Simonson emerge from the hot tub naked.
During cross-examination, prosecuting attorneys said Anderson was not being completely forthright with her testimony.
They said she did not to reveal the whole truth because the embarrassment it would cause not only herself, but her family as well.
Anderson said she got to know Simonson after she came to Iowa State in 1991 and had a professional and a friendly relationship with him.
She said she had been to several social functions at Simonson’s house but had never had sex with him.
She added that she also attended several out-of-state conferences with Simonson and had never seen him display any inappropriate behavior.
Anderson recounted events during a Friday After Class (FAC) outing to Wallaby’s with professors and students in her department, including Simonson, Bill Sadera and Gallagher, one of the complainants.
Anderson said she left Wallaby’s that night to meet Simonson at Tradewinds Lounge, 115 5th St., and get a bowl of chili. Sadera and Gallagher followed.
After eating, she said, comments were made about the strip club next door, The Krypton Club.
Anderson said she had always called it a “dive” Simonson then allegedly said she shouldn’t judge it until she had been in it.
After spending about 20 minutes at the bar, Anderson said she had seen enough and was ready to leave.
Anderson said she drove to Simonson’s home after previously asking permission to use the hot tub.
She testified she did not know Sadera and Gallagher were to join them at Simonson’s home.
After being in the hot tub for a while, the water level began to drop. At that point, Anderson said Simonson got out of the tub to see what the problem was, revealing to Sadera, Gallagher and herself that Simonson was not wearing any swim trunks.
Anderson said she was disappointed and uncomfortable at Simonson’s display in the hot tub, although she earlier had testified she had never seen Simonson do anything questionable or inappropriate.
After another FAC, Anderson said she recalled being at Heather Cutwright’s home and trying on prom dresses with Simonson, Cutwright and Heather Ballard.
“We all had on different dresses,” Anderson said.
She said Simonson had mentioned to the group at an FAC that he would have a better social life if he dressed like a woman.
Donald Rieck, director of media resource and Patricia Dobelis, secretary to Simonson, also testified for the defense Friday.
Dobelis, who has worked for the College of Education since 1983, said she has seen Simonson daily for six years. She said the environment she works in is never sexually hostile.
“Dr. Simonson has always been very respectable to me,” Dobelis said.
Although acquainted with Beth Kumar and Meredith Hayes, Dobelis said she did not know Gallagher.
“Yes, I did hear rumors [about Simonson being promiscuous,]” Dobelis said. But, she said, Simonson never exhibited any behavior to make her believe the rumors.
“Initially, they were easy to believe, but the more I heard, the more I tuned out,” Dobelis said.
Rieck also testified that the department of curriculum and instruction was not a sexually hostile environment.
He said he had never heard Simonson being sexist or demeaning to women.
However, Rieck said he had heard Simonson use the word “sweetie,” but he said it was used in a non-sexual context to describe a person’s personality.
Rieck said he had also heard Simonson use the phrase “You look good to me.”
“It’s a phrase that I’ve heard him use on several occasions and in several settings,” Rieck said.
He said Simonson had used the phrase in faculty meetings when reviewing students for admission to the program.
Rieck said he always took the phrase as referring to students’ credentials.
In addition to the complaint against Simonson, Gallagher also filed an Iowa Civil Rights Commission complaint against Rieck.
Rieck said Gallagher was a student in one of his graduate courses last spring.
Rieck said Gallagher had attendance problems at the beginning of the semester because of knee surgery.
“Late in the course, she and I had a private conversation out in the hallway after class, and she told me she was part of the Simonson situation,” Rieck said.
He said he did not ask Gallagher about her role in the situation because he did not want to get involved.
Although Gallagher received an A in the class, Rieck said the Iowa Civil Rights Commission Complaint stated that due to his association with Simonson and friendship, he had graded her unfairly.
“I was surprised and hurt by the complaint,” Rieck said.
He said he thought he had treated her fairly and accommodated her accordingly.
“The complaint was filed prior to her knowledge of what grade she had received in the course,” Rieck said, and he said he did not know what grade the complaint referred to.
Rieck said Student Legal Services told him ISU denied Gallagher’s civil rights complaint and supported him fully.
Around 4:45 p.m., the prosecution moved to adjourn the court for the day and reconvene in January due to the large number of witness left to testify.
The defense objected, stating the motion was unfair to Simonson because he had not yet testified, but they were overruled.
The date and location for the hearing to continue will be set prior to reconvening in January.