Harassment hearing for ISU prof scheduled
November 20, 1997
The hearing regarding sexual harassment charges against Iowa State Professor Michael Simonson has been rescheduled to Tuesday, Dec. 9.
The hearing was postponed Monday because the administrative law judge who was to hear the case, Donald W. Bohlken, is ill. Simonson has been fighting ISU since February to get a hearing, his attorney said.
The hearing was rescheduled Tuesday morning in a telephone conference, said Simonson’s lawyer, Stephen Terrill.
“That’s as close as we can come,” Terrill said. “This is a difficult time of year to try to be scheduling anything. I would not have been surprised if the judge had said I’m sorry, but I’m already scheduled through the end of the year.”
Simonson, professor of curriculum and instruction, faces allegations of generally violating university policy, creating a hostile environment, offensive conduct and sexual harassment of a graduate student, Terrill said.
“For the most part, these allegations deal with conduct which the complainants say was offensive to them,” Terrill said, although one woman is claiming Simonson assaulted her, he said.
The hearing is scheduled to be held from Tuesday, Dec. 9, to Friday, Dec. 12.
Terrill said he expects to call about 17 witnesses in Simonson’s defense and said the university intends to call about 10 witnesses.
The university will be represented by attorney CeCe Wagner.
Simonson sued the university last spring after he was placed on administrative leave with pay on Feb. 13 for alleged sexual harassment.
ISU officials also locked him out of his office because they said students involved in the charges feared retribution from him.
Simonson claimed this violated his due-process rights by punishing him before giving him a formal hearing.
Story County District Court Judge Timothy Finn ruled in Simonson’s favor on May 9 and ordered ISU to return Simonson to his responsibilities until he was given a hearing.
ISU is appealing that ruling, but Simonson has been back at work since mid-May.
During Simonson’s lawsuit, he also asked the judge to rule in favor of a sexual harassment hearing under the Iowa Administrative Procedures Act, which would give him constitutional trial rights that a private ISU hearing would not, Terrill said.
Finn ruled Simonson should get a hearing under the Iowa Administrative Procedures Act.