CONFIDENTIAL UNIVERSITY OF WASHINGTON 110M mo RESOLUTION 0mm: January 8, 2016 MEMO TO Gerald Baldasty, Interim vaosl and ExccuLive Vice Presidcnl, Office 0f the Provost FROM: Ian Messerlc, ancsu'gation and Resolution Specialist, Compliance Services University Complaint investigation and Resolution Office RE: Michael G. Kalle I. BRIEF OVERVIEW I am filing this written report pursuant to University of Washington Faculty Code, Section 28-32, as reasonable causes exist to adjudicate charges that Dr. Michael Katze, Professor, Microbiology has violated the University of Wmhington's Executive Order 31 prohibiting sexual harassment, Dr. Katze violated Executive Order 3! in two respects. First, he created a hostile work envtronrnent for -- a Program Operations specialist under his direct supervision. Although 1 find that was more likely than not in representing the extent to which Dr. Katze harassed her, find a preponderance exists to conclude that Dr. Kalzc persistently, and for an extended period of time, made unwanted sexual comments and jokes to -- and commented on her appearance, Although there is substantial evidence suggesting did not iind Dr. Katze's comments about his own relationships to be unwelcome, 1 do not find that 1- at any time welcomed his comments about her Significant in my findings is the envirotunent In which Dr. Katze made these comments. Dr. Kalle routinely bullied and demeaned employees and used profane, gendered language in the presence of-- and many ofhis employees. He created fear in his employees that they might lose their jo moved the offices of employees who displeased him He been warned about viewing pornography on his work computer because employees had seen it and complained; he persisted in doing this. As recently as 2013 he had been warned about other harassing behavior towards University employees, and he persisted in doing this, too. He sometimes screamed at employees. Also, Dr. Kaizc engaged in sexual relationships With two of his employees, Consequenily, Dr. Kan/2's bellaviur did not oomport with Executive Order 31. ml Ii" Ave Nn,.siritem tennisms 93105 (206)616-7109 (106)616-7110 iturncv@uw edu Second, Dr. Katzc sexual] harassed another employee under his direct supervision, Program Operations Specialist He had a quid pro quo sexual relationship with her such that acquiescence to unwanted sexual Contact with him and tolerance of unwanted sexual messages and comments to her were an implicit condition of her employment. Statements she made during her interview demonstrated that she lived two lives: a working life where she acted as Dr. Katzc's girlfriend and a private life from which She excluded him This was borne out by my review of her extensive contemporaneous text communications. Dr. Katze's interview was also largely consistent with factual statements she made in her interview. _d.id not desire sexual contact With Dr. Katzc, but she tolerated it: Dr. Katze created a situation in which she was financially dependent on him by securing for her a position that paid much more than she could expect to receive for similar work elsewhere. In exchange for the thousands of dollars in gifis, cash, and University salary that-received, she endured crass sexual comments and written communications and, ultimately, performed oral sex on him on several occasions, While Executive Order 31 does not require that a supervisor realize that his actions are unwelcome, in this case Dr. Katze knew or should have known that his actions were inappropriate: be ignored obvious signals from -that she did not desire physical sexual contact with him, but he persisted until he finally get it. This behavior does not comport with Executive Order 31 A. NATURE or THE ALLEGATIONS This report summarizes the findings oftwo concurrent investigations regarding the alleged sexual harassment by Dr. Katze of professional staff employees directly supervised by Dr. Katze. first contacted UCIRO on July 24, 201 5, she asserted that Dr. Katze exposed his peni to her on July 20, 2015: and for some time before that harassed her by, among other thin makin re eated sexual An initial review oi'the email ofDr. Katee, to light additional concerns beyond those embraced in -- initial allegations. These concerns included the possibility that Dr. Katze was in a quid pro quo sexual relationship with -. B. BRIEF SUMMARY OF FINDINGS 1 concluded that Dr. Katze's behavior violated University anashln ton Executive Order 31. First, although I do not find that Dr. Ketze exposed his penis to i 1 do find that in other respects, Dr. Katze subjected _to a hostile work environment. Second, Irind that Dr. Katze and _were in a quid pro quo sexual relationship. c. scorn 0F FINDINGS During the course or the investigations, learned information about a number of Dr. Katze's actions it appears that some ofthese may have violated University policies other than Executive Order 31. My findings extend only to violations or Executive Order 31 and only to conduct regarding consistent with UCIRO's have made no findings as to whether Dr. Katz actions ve violated other University policies, nor have I made detelminations as to whether Dr. Katze's actions violated state or federal anti-discrimination laws (or any other laws). D. RELEVANT POLICIES AND DEFINITIONS The only policy under which 1 made findings was Executive Order 31, attached as Exhibit 1. Attached as Exhibit 2 is University Administrative Policy smrernent 45.3, which desci-ihcs the role of UUIRO in investigating complaints made against University employees. 1. Executive Order 31 Definition of Hostile Environment Sexual Harassment Sexual harassment is a form of harassment (I) based on the recipient's sex that is characterized by (2) unwelcome and unsolicited language or conduct that is (3) of a sexual nature and that is (4) sufficiently severe, persistent, or pcrvasivc that (5) it could reasonably be expected to create an intimidating, hostile, or offensive working environment. 2. Executive Order 31 Definition of Quid Pro Quo Sexual Harassment Sexual harassment is a form of harassment (1) based on the recipient's sex that is characterized by (2) unwelcome (3) sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature by (4) a person who has authority over the reciplenl when (S) submission to such conduct is made either an implicit or explicit condition of the individual's employment, academic status, or ability to use University facilities and services. E. EVIDENCE RELIED UPON I based my findings primarily on the Written and spoken words of Dr. Kat/e, and Significant in my findings were hundreds of emails and tens of thousands of text messages written by Dr. Katze,_ I also gave heavy Weight to the ineperson interviews I conducted with each of them, especially that of Dr. Katze. I considered an enormous amount of additional documents, some ofwhich I have attached as exhibits to this report, others of which are reproduced in Appendix A. Finally, in addition to the interviews of Katzc, -- I interviewed other Witnesses, whose statements I also in reaching rn findings. This document incorporates by reference its appendices and exhibits. II. INVESTIGATION PROCESS A. TIMING UCIRO opened its investigation into complaint on July 29, 2015. Imet with on July 31, 2015, the same day on which I notified her, Dr. Katze, and various University personnel with a need to know about the investigation. On August 20, 2015, counsel for Dr. Katze, Jon Rosen, informed me that with the exception of a few days of uncertain availability, he and Dr. Katze would be unavailable for Dr. Katze's interview until October 19, 2015. Iinterviewed Dr. Katze on October 20, 2015. I interviewed -on September 15, 3 2015, and conducted a follow up interview with on October 2, 2015. Afier statements by -- in those respective Interviews raised additional concerns about Dr. Katze's behavior, die School Of Medicine requested an institutional investigation. l'he institutional investigation opened on November 6, 2015. I concluded fact finding in both investigations on November 23, 2015. Attached 85 Exhibits 3 and 4 are notification to Dr. Katze of the respective investigations. B. WITNESSES I interviewed twenty-six witnesses including Dr, Katze, On August 25, 201 5, learned that was represented by counsc . er attorney was present at her follow-up interview of October 2. Dr. Katze's attorney was present at his October 20 interview, This investigation was unique, in my experience, for the great number of interviewees who expressed to me concerns about retaliation. This extended to witnesses Who no longer Worked for the Universityifor instance, one witness with whom I had a brief telephone conversation told me that they feared that Dr. Katze would attempt to Contact them1 if they participated and claimed to me that Dr, Katze Was responsible for turning them into an alcoholic and their becoming depressed. A second former Katze Lab employee refused to participate because oftheir fear that Dr. Katze would file a lawsuit against them ifthe interviewee said things Dr. Katze might consider critical. I told this person that I could not guarantee that level ofconfidentiality. A third and fourth reported to me that my unexpected telephone calls to them about Dr. Katze caused them to feel physically ill. A fiflh person, who I contacted for a followup question, told me that after my interview with them they had attempted to resign their job at the University so that they would not be involved in further proceedings involving Dr. Katze. Four separate interviewees volunteered to me that they had at one point considered filing some sort of harassment claim against Dr. Katze. While all witnesses were reminded ofthe University policy prohibiting retaliation, the level oracross-uie-board coneem I observed was unlike anything i had seen in any investigation I had previously conducted. Nevertheless, I interviewed sixteen current Katze Lab employees, six former Katze Lab employees, and four current and former members of the School of Medicine's Microbiology Department. I primarily relied on the emails, text messages, and interviews of Dr. Katze, --. All Katze Lab witnesses were interviewed either at an offsite location away from the Lab, or if they elected, at my office, All witnesses were directed to keep the interview confidential because of the sensitive nature of the allegations and to avoid potentially disrupting the investigation I learned later that witnesses had not honored this instruction and, in some cases, that Dr. Katze was asking them about their interviews. 1 In this raport have used pronouns like "them," "they," or "their" in lien or pronouns that reveal gender like "she" or "hers" when discussing interviewees or other people 1 spoke to during the course of the investigation. This is an effort to preserve, to the extent possible, confidentiality, and (a limit knowledge of the identities of interviewees who provided certain information. This is directly related to concerns expressed by many interviewees that Dr. Katze would retaliate against them if he learned of their participation in UCD20 process and, to a lesser extent, that my" also retaliate. 4 C. DOCUMENTS AND ELECTRONIC INFORMATION During the course of the investigation, I obtained snapshots of the University email accounts of Dr. Katze, and other University em loyees The amount of information in these accouan is voluminous, particularly in is account, which likely contains over 125,000 emails spread throughout dozens or even hundreds of thdors and subtolders, I was unable to and did not attempt to read every email. My review methodology is spelled out in more detail in Appendix B. Additionally, I reviewed reports ofthe contents ofa number of Universit -owned devices: Dr. Katze's iPhone, il'ad, and laptop, and the laptops used by Because all three parties apparently connected and their iPhones to their University computers, these records contained a robust but partial record of text message communications. Between the email snapshots and imaged devices, I would estimate that my review included approximately 1.2 million email and text messages, some unknown number of which were duplicatrve. See Appendix B. Based substantially on the email and text messages, I created a timeline for use in my investigation, which I have attached as Appendix A. The timeline contains excerpts from the actual text of thousands of emails and text messages sent and received by Dr. htze, and _betwcen 2011 and 2015, In many instances in this report when quoting from emails or text messages, I have edited the text of those messages to aid in their comprehension coinmunieations, especially, are rife with grammatical, spelling, and apparent autocorrect errors. The original text of every message I cite below has been preserved in Appendix A. I considered other documents, torHror instanee hiring and salary and job application information for records of other complaints about Dr. Katze's behavior, hundreds of pages of cm' and perfonnance reviews provided to me by Dr. Katze, and contents from files regarding Dr. Katze kept wrthin the School of Medicine. I would estimate that I actually read over 100,000 text messages, emails, and other doeuments during the course ofthe investigation. Finally, I conducted an onsite visit to the Katze Lab, where I timed how long it took me to walk from Dr. Katze's office to the basement parking space where _usually parked her IIL FACTUAL FINDINGS A. KEY PLAYERS I. Dr. Michael G. Katz Professor, Microbiology, Principal Investigator of the Katze Lab. Dr, Katze is wholly responsible for the hiring, and supervision ot'Katze Lab employees. At any one time. he supervi 2535 University employees, He is the direct supervisor of -- and -and is solely responsible for their management. at the Katze Lab is to manage Dr. Katz calendar. she occasionally performs other administrative responsibilities, including arranging conferences and other events. 3' --Pfim3'Y responsibility is for purchasing, although she too occasionally performs other adminishan'vc duties. 4- --119 becamfi friends with and socialized with Dr. Katze. _Was employed by the University until approximately 2003 when he received amcdical separation. He has told a number of witnesses that he a settlement from the University because he falsely claimed that his supervisor touched his penis; the University has no evidence that he made any such con'tplaint,2 Bi SUMMARY OF ALLEGATIONS CONCERNING -- asserts that Dr. Katze sexually harassed her by- touching her buttocks and breasts; exposing his penis to her on four or five occasions; making unwelcome sexually suggestive comments and jokes to her; and sending her unwelcome sexually suggestive email messages When _cemplained to UCIRO in July 2015, she mentioned only one of the incidents of exposure (alleged to have happened on July 20, 2015 in Dr. Katzc's office) She said little about being touched in unwanted ways, except that. in August 2014 a drunken Dr. Katze touched her body and ripped her pants when she took him back to his afief an event at the Systems Biology conference; and that sometime earlier in 2015 Dr. Katze attempted to kiss her when she leaned in to look at his eyes because she believed him to bc intoxicated. She also complained that Dr. Kalle would make unwelcome comments about his sex life (for instance, complain that he needed to "get. laid"), make suggestive sexual comments to her (for instance, that she should engage in a trueesome with him or that they should go to a "no-tell motel" on Aurora Avenue during lunchtime), and make comments about her physical appearance. She also alleged that he had directed her to secure the services of prostitutes and asked her to set him up with other women. Before July 2015, she had made no previous complaints about Dr. Katzc's allegedly sexually harassing behavior. On October 2, 2015, during a follow>>up interview with her attorney present,-- told me for the first time that Dr. Katze had exposed himself to her on more than one occasion and that he had for many years touched her breasts and buttocks. she was unable to provide much detail, although she estimated the harassment began following a work conference in Boston, that the first episode of exposure happened in his office at the Katze Lab, a second episode occurred on a work trip to San Francisco, and that a third happened in a conference room at the Katze Lab. she was unable to describe dates or specific incidents regarding Dr. Katze touching her- breasts or buttocks, but she did recount one incident where she says that he was lying on a couch in his office put his arm arouan her waist, pulled her onto the sofa and cupped her breasts from behind. She stated that when egregious episodes of sexual harassment like this occurred she began applying for jobs so that she could leave the Kath Lab '1 I did not interview _despitc a number ot'vei-bal requests to --and her attorney. As he is not a University emp oyee, am unable to compel his participation, 6 Dr. Kalze has for the most part denied these allegations, except lhal he has said he confided in we romantic life and discussed with her what he considered a "lack of intimacy" with C. OF ALLEGATIONS REGARDIN -has stated that she was in a relationshi of sorts with Dr. Katze, although she did not welcome sexual contact with him. According to she "lived two lives," and treated her relationship with Dr. Katzc as a job, letting him falsely believe that she had "intimacy issues" related to sexual intercourse so that she would not have to have sex with him, She said that Dr. Karze pressured her for intercourse and other sexual contact, and beginning in approximately September 2014, she began performing oral sex on him. She described the oral sex as always being in exchange for things like money, shoes, or a vacation, and - initiated by her. she said that he would interfere with her ability to perform her job responsib es because he would insist on spending time with her during the workday and that he would occasionally come lnll) her office and touch her in ways that she did not wish to be touched, for example by putting his hands down the back other pants. -, who was in a relationship with Dr, Kalze prior to his hiring her to work at the Katze Lab, did not Camilain to the University about Dr. IQtze's behavior until her participation in this investigation;3 aid that she believed her employment to be in jeopardy ifshe did not continue in the re a ons ip with Dr. Katze and that she participated in the relationship not because she enjoyed it or wanted sexual contact with Dr. Katee but for the money and it afforded her family. Dr. Katze has stated that he initiated all sexual contact with -. l-le deities that sexual contact with --was unwelcome, but has acknowledged that he was in a relationship with her and that she perfolmad oral sex on him. D. SUMMARY OF KEY FACTUAL ISSUES 1. Katze Lab work envimnment attire time of employment By January 2010, the time Dr. Katze hired - to work for him in his lab, he had recently ended a sexual relationship with i Katze Lab employee under his direct supervision.4 Also by this time Dr. Katze had also been warned by his chair, Dr. James Champoux, about accessing pornography on Universityrowned equipment following a 2008 investigation initiated in tact, did not make a ie uest for an internal investigation to ucmo. 110130 began investigating i alze's behavior with as it related to the complaint asserted by - and ultimately the School efMeilicinc requested that UCIRO investigate additional violations oflixecutive Order 31 an institutional investigation Elfler being informed of seine of the statements -made in her UCERO interview, 4 Dr. Katze has acknowledged this relationship and i am making no findings as pait of this investigation as to whether aspects ofthis previous relations violate xeeutive Ordei 31, except I consider this fact as relevant to the environment in which fled, the extent to which infonnatinn about it tends to canabumle statements by and the extent l0 which Dr Katze's conduct is part ofa pattern, by the School of Medicine in response to complaints nrade by sonic of Dr. Katze's employees about their seeing pornographic images on Dr. Katze's University-owned Computer. The Universit has received other complaints about Dr. Katze's behavior, some predating the beginning offi's employment, including a 2006 complaint claiming that Dr. Katze had called a lornter female employee a "fucking bitch" and stating that the complainant had nightmares about Dr. Katze's treatment of her; a 2010 complaint to UCIRO that Dr, Katze had discriminated and retaliated against a peer (later resolved via settlement without findings being made); a 2012 employee exit in erview in which a departing employee described the work environment as harassing and retaliatory; a 2013 complaint regarding the harassment of a University employee;5 a 2013 anonymous complaint to the school of Medicine and University human resources claiming that Dr. Katze hired _to perform sexual favors and accompany [him] on his business trips": and a 2015 complaint that Dr. Katze unfairly denied annual leave to an employee, that he screamed profanities at this employee in the workplace while drunk, and that flfieen other employees had been "asked/forced" to leave the Kalle Labf See Exhibit 5. These complaints are consistent with the interviews I conducted. Interviewees described Dr. Katze's behavior as cruel, crude, and characterized by frequent profanity and occasional screaming. A number of interviewees also described Dr. Katze as using gendered and racist language, for example, making statements like "Don't they teach English in China," "go back to the banana boaty" referring to black people using the term "nego," referring to gay men using words like "sissy," using gendered terms like "tiny dick" to talk about men, and using terms like "bitch," and, rarely) "cunt" to describe women.7 Katze Lab environment was also one where Katze expected 24/7 access to his employees. Dr. Katze reportedly became angry when he did not receive a speedy response to an email or text, cven ifthe email or text was sent at night, on the Weekend, or over a holiday. His employees found that he reacted poorly to being challenged, something 1 observed during my interview of him. 2. -- and Dr. Katze [mm a friendship; repeatedly attempts to set Dr. Kntze up with women, including with her triends and acquaintances Soon alter began work at the Katze lab, she and Dr. Katze became friends. They socialized together outside ofwork. Dr. Katze also befriended --. Dunng this time, Dr. Katzc became esnanged from his spouse and sometimes spoke to --about his meeting and dating of other women. In 2011, to set 'Dr. Katze up with a number of women, including placing personal ads on Craigslist and, in 5 As a result, Dr. Katie signed a letter committing to treating his colleagues with respect and explicitly stating that episodes of future threatening or intimidating behavior would place him in violation or University policies and that the School of Medicine would take action under the Faculty Code. Sac Exhibit 5. 5 My investigation did not include determining the extent to which previous complaints had been investigated. 7 Dr. Kal7e's text and email communications are generally corroborative. 8 December 201 l, emailing approximately a dozen escort services on Dr. Katze's behalf, See, cg, Exhibits 7 and 8; Appendix A at 1,4,5e7, also facilitated the introduction of _to Dr, Katee. 's was a close friend of -'s, mentioned to Dr, Katze separating from his wife, about to leave on a six-menu) sabbatical, and was Interested in meeting a worn 1 with whom he could end time and travel. su cstedmisent- timeshare arranged for and Dr. Karze to correspond via email. This likely took place in October 201 1 because it predated an early November conference in San Francisco attended by-- and Dr. Kai.ch traveled to San Francisco and spent time with Dr. Katze and Dr. Katze retunied to the Katze tab in Jul 2012 at the conclusion ofhis sabbatical. He was still seeing - In July one ofa number of attempts to set Dr Kdtze up with a friend or acquaintance of hers, although she knew Dr. Katzc was seeing For instance, the following text messages9 from July 2012 relate to attempt to set Dr. Katze up with her friend" - --. We've got to [convince] him not to hirclbut only when opp arises we have till Sept l"but should work on it as soon as you hook up I told him you knew aboutlauitt not that he hired her .hut rm sure he'll tell you if her name comes up. [hate pressuring you but you have to jump on it today, otherwrse he'll run back tol She's a major ass kisser and that's h/c he's spent lens 34 Ions tori, on her you have no idea, So even Just a quick text saying MGK let's do Palm next Monday but [have to be home Tuesday night. ..Then [lhe] wheels will spin andl can hook everything e) to Dr. Katzc: Did i tell you-likes to spank her men? Dr, Kathe to OMG _to BL Katze' yeah worry irsho ask[s] you to take her to an adult stoic. .. I Ready? liavc a good time get[tingl to know MGK lies ions of very generous and outgoing despite some of his totally off the wall behnvtorsldeinandiogness but you Just check him. 1 really hope it goes well so that he sticks [it] in the face that said anything to do with- or my girlfriends (you) is bad news he should stay away and not go, so that he comes back nfler hanging with 3 alleges that Dr. Katze exposed himseli'to her at this conference; she says that this was not the its imc that he had done so. This and other exposure allegations are discussed in tnoie detail in Section N, iri/rri. For purposes of the readability of this report, I have on occasion edited email and messages that have quoted, sometimes translating typos and autocorreet errors into a more legible format. The actual text orthese messages can be found in Appendix A. The sheer volume or text and email communication makes appending all to this ieport impractical. Also, in this report I have not always included evcry text message from the exchanges I cite, A fuller record can he found in Appendix A, in which 1 did make an effort to include as many texts or emails as needed to contextualizc the communications "7 other messages between the two make clear that they are friends, even relatively close friends. Althougi the context suggests that _initiated the matchmaking, Dr. Katze hatl, the previous month, texted saying, "lin me young babe here'!" Appendix A at 3. 9 you boasting [and is saying] to her what a FABULOUS TIME he Ind and how so so very wrong she was in her face! Anyways hnve Appendix A at 5-6. At the same time. exchanged text messages with her tenant, offering to set her up with Dr. Katze= too: Hal-m no guys on the honzon but find someone for me let me know lol single and loaded with 333 Appendix A at 4. peTSISth in these attempts, and a month later: texted DL Katze about someone named _to Dr. Katzc. i want you to meet someone (who will spoil you and treat you the way you want to and deserve to be like you. one shitty fucde up relationship ailer the next, no respect wants to be loved) call you shonly. Hey ohioh so my boss like wants to meet you for all the wrong reasons. .IIe's in love with you Um.. okay-t Does he want to give me a Job? Appendix A at 12. in November 2012, introduced yet another acquaintance to Dr, Katze, explaining to her that: He is very very generous and just wants to have fun. He's lonely and inst wants someone to hang out with that wants to hang outwith him an nccafl'onai binwjob would be nice but he'd prefer fl back rub or someone to enddle with and someone he on talk": daily and who not wants to hang outwith that will pick up the phone when he calls. He ean he somewhat drama when he isn't his own way but you just got to know how to handle hint onne you understand him its easy and lie-s a big big baby. Appendix A at 21 ~22, And in September 2013) she tried again, this time with another friend. As-- cxplained in a text message to this friend: He's a [t]on of fun and I so hope you move in and get rid ot'the enrrent ehtek who's using him . Maybe even take over her job gud knowa she didn't cam oLr] work for i Appendix A at 45. 3. Dr. Katze begins a relationship with, then hires, 1n the meantime, Dr. Katze and -eontinued to see each other. Sometime in July 2012, Dr. Katze extended to - verbal offer of employment for an administratch position 10 in the lab "agreed, but says that Dr. Katze immediately began holding his power as her employer over at or instanee, on July 5, Dr. Katzc texted her: Let me get this straight my baby You are about to lake in hip to the sun tomorrow. Essentially all expenses paid. I am working working and working. -is in meltdown as 15-, You are galayauting mound in your Gireei and Vuitmns. Eating in the finest restaurants and staying in beautiful hotels. And 1 have to ask you for phone ealls Kind of not right my honey. 0r runl missing somethng'] Oh yeah paying for all your kids too Oh yeah andl got you a new job with eomputer iPhone and mad. Gem. what's wrong with this pieturel'2 Appendix A at 3. Her rirnary duty was lab purehasing, a task whieh had been among the responsibilities of who Dr. Katzc tired in early August 2012. Appendix A at 79. Ten days afier directing to and 5 employment, Dr. Katze asked to meet for a drink. cou no meet hi as she had a meetin scheduled with An argument over text ensued, during whieh Dr. Kat/e texted Iis being a bitch. leaneelled your meeting. 1 told her am done Call her and tell her all the travel is off as is my job otter. As -'s text messages in response demonstrate, she felt vulnerable: The simple he! that you would cancel the meeting 1 had with -out or anger is wrong. 1r that's the way you will be if things don'! work out between us scares me. At is exact moment I'm questioning my every sure you eon understand since 1 have 3 kids I'm responsible fur 1 have to now don't work out between us, What situation am "17" Appendix A at 11. Megan her Katze Lab employment on September 4, 2012. Although-- Was hire or a llrtime position, she did not do full-Lime work, a eireurnstanee that she and Dr. katze joked about, and about which she oeeasionally commented. See, eg, Exhibit 9; Appendix A at 57. In November 2012, she eornpluined to Dr. Katze that people in the lab were already remarking that she was never at work, that he was treating her unfairly, that he was always threatening to tire people in the lab, and that he was interfering with her work beeause he did not want her to work with a parlicltlar male employee. Appendix A at 2021. This pattern continued throughout -s employment in the lab, with Dr. Katze oeeasionally blowing up at her and the male corworkel ifDr. Katze felt she was spending too rnueh time with the corworker, leading her to conclude that she had to sneak around at work to avoid angering Dr. Katze. so, eg Appendix A at 202 1, 20-27, 29, 32, 39, 41. She also worried about her reputation among other lab employees, who she believed pereeiyed her as spending a lot ofthe workday with D1: Katze instead of working. Appendix A at 2011, 29. Indeed worked much less than one would expect of a full--time employee, something-arid Dr. Katzc The rest ot'the text eorwersation can he found in Appendix A Dr. Katse later says "Just teasing yon gt." lhe two made up, and later that day Dr, Kain texted her, telling her she would be so dried at 370,000.00, with her salary inereaslng to $75,000 00 in six months. Appendix A at 12. ll acknowledged. Her coworkers noticed, typically describing wolk performance as slow and as characterized by fre uent absence from the workplace. A number of coworkers also commented that they noticedhand Dr. Katze spent quite a bit of time together during the workday on days when they both happened to be at the lab. Also,_ occasionally traveled with Dr. Katze on his work s; in one particular instance she accompanied him to Bali and Dr. Katze emailed directing her to "list -- as working from heme."M Appendix A 49. 4. -nd -are aware of how frequently Dr. Katze terminates Katze Lab employees Dr. Katze routinely ended the employment of people employed in his lab. He did this primarily in two ways either sigialmg to the employee that they were not working out in the lab It le or dele ating this responsibility to administrative employees like . According to some interviewees, turnover in the Katze Lab was high-"one mterviewee claimed the Lab had approximately 130 employees in the past decadeianolher provided an "incomplete" list of approximately 15 employees who Dr. Katee fired or forced to leave the lab. See Exhibit 6. It was typical for Dr. Katze to direct to approach employees to let them know that Dr. Katze expected them to leave the a as referred to this as giving them "get the fuck out deadlines." Appendix A at 3. Additionally, even when employees resigned, Dr. Katze sometimes refused to let them resign on their own terms, directing in some cases that they end their employment immediately. Sea, (2 g, Appendix A at 50K 5 . Because Dr. Katze so aggressively end of his employees and so frequently involved and sometimes, in this process, hoth _and were keenly aware of his propensity to do so. 5. Dr. Katze's friendship with _'is tumultuous; by 2014 the relationship began to deten'oraie Dr Katze's friendship and working relationship with _was characterized by periods ofextreme trustratien by both parties. Dr. Katze, in his interview, explained that he and -- had "squabbles," as close friends sometimes do. This pattern, which a number or interviewees referred to, is corroborated by the record of-s and Dr, Katze's email and text communications. For instance, in septemher 2012>> Dr. Katze intermed and another administrative employee, Mary Rinall,15 that he expected them to email him upon beginning and ending their workdays. in an extended text conversation with -- relayed her anger with Dr Katze) de i variously as ass," "the dick," or "a prick," and the two discussed a plan by which i would have a doctor that she knew write her a medical excuse from work, and then eventually receive unemployment Appendix A at 13-15. Within three days, they had reconciled: '4 _respondetl, "she 15 one lucky eitth hope she blows ya." Appendix A at 49, _worked for the Kdtze Lab for only two months Kat met her in the summer or 2012 when he moved into his apartment and subsequently hired her. arranged hei termination from the lab in October 2012. See, 2 Appendix A at 1920; Exhibit 12 text in Dr, Kane: remember l'rn your friend no matter I'll always be here for grit eake though embarrassing thinks and your understanding. 1 love Appendix A at 16. A few months later, in January 2013, when Dr. Katze balked at_'s plan to take an extended period 01" time orr later that summer, -- texted her hushand: He doesn't give a fuck i will but now Ihzlt-is gone he has no [onel that can do what 1 do. .he's being i brtoh. Appendix A at 26. In June 2013, Dr. Katzc expressed frustration With --, who he perceived as complicating a relatively simple task, the assignment of [Phones to lab members, In an email to IT employee -, Dr. Katze wrote: Do not fucking ask I \Vhar rs unclcax about that. Appendix A at 41. The next day he emailed the lab, directing them to "not mail .for anything" and emailed --,te11in her "no more please to anyoncitoo much chaos--Chill." Appendix A at 41. As a result, believed her role in the lab was being usurped by See Appendix A at 41 742 left for it planned vacation and on July 4, 2013, received the following email from Dr. Katze: Not sure what kind oi game you are playing breaking all contact 1 assure you we are not amused and it is turning into i huge embarrassment for me ind others There is a lot at stake here so do we assume you quit? Appendix A at 42. By -- retunr horn vacation it was clear that the two had again made up, and --was again assisting Dr. Kntze in contacting escorts and trying again to sei him up with a friend orhers. AppendixA at 43. Later in 2014, emails and text messages hogan to show 11 pattern in which -- appeared to be less and less enthu tro about her friendship with Dr. Katze, For instance, in September 2014 she texted -- "You need a break from the and the following week texted _ahout him, saying, "Fuck him, it's ridiculous he'd ask such of you on a Friday afiemoon, some on. That's selfish." Appendix A 21153, 1n November 2014, on Dr. Kalze took a recreational trip to Las Vegas, oomplainorl to about Dr. Katze and she responded in part What a thekl Take for whatever and everything you can get and save everything Yuu - 't l'eve ANYTHING he says "Yes p11 (ski: We the drama and torture he puts everyone through ends, ,And we can go back to norniairyinstea a iving in this hcll.,.Bclicvc me,lunderstanrl, becausel'vc got-- and if he thought or even caught wind of seeking other employment we'd he terminated Just like to everyone else. ,.He's always the Vlclim Appendix A at 54. The followmg month, when Dr. Katze emailed _while she was in Hawaii on vacation, sneteitea- MGK has been back rrom his Calm vacation 1 business day Friday and this alternoon 1 get a iineking email need ynu when are you coming back." it his mission to piss on my vaea7 lle loiows damn well I'm out for three weeks it's been a fueldag week and one of which he wasn't even around to miss me. He can't fucking be happy for anyone clse's happiness, what a miserable seliish on, slowest time ofthe year and he wants to fuck with me, what a jerk yesterday he wanted coke. Appendix A 3155--56. in February 2015, -s text messages included her saying to- Yeah find that's the to do .thl ignore him then when he calls you out make up an excuse. phone died, no charger, lost it. lefi it at work etc, Appendix A at 59. These examples from text and email are consistent with how--described her friendship and working relationship with Dr. Katze. Additionally, as set out below) their relationship became even more strained during 2015, culminating in an argument hetween Dr. Katze and _threc days before the date on which she alleged Dr. Katze exposed himselfto her. a. Dr. Katze initiates all sexual contact and communications with - treats her relationship with Dr. Katze as if it is part of her job - in her interview, described herselras "having two Lives." One, a work life, in which she acted as Dr. Kaize's girlfriend workday, and a second, private life from which she excluded Dr. Katze. she and Dr. Katze both stated that the time they spent together was primarily during the workday. With the exception oftravcl~ewhich Dr, Ka described as more and more rare alter the end of his sabbatical in 2012 (which predated _employmenl)i and Dr, Katze generally did not see each other on evenings, weekends, or on holidays. ic never stayed overnight at his apartment; he never stayed overnight at her house. she did not invite him to her housen or introduce him to her family or friends. Th: record of email and text communication confirm Katze's statements that he initiated all sexual communication with neither initiated sexual communication, nor responded in kind. The overwhelming majority of her replies to Dr. Katae consist of two main lhemcsieithci _registenng seeming displeasure by making comments like "barf," "puke," or "gross," or making responses like "101" or "halla" that 14 did not substantively engage with his comments. "5 See, Exhibit 11. Dr. Katze, in his interview, agreed that he initiated all sexual contact with -, emphasizing that he found her lack of engagement in this area frustrating. For exam to, he volunteered that even when sleeping in the same bed when they traveled together ibundled herself in long pants and a hooded sweatshirt and slept on the opposite edge of the bed. '7 stated that she found Dr. Kazze's behavior at the workplace disruptive. She told me that she would sometimes lock her office door to avoid him. She also said that he had done things like put his hands into the back of her pants and tinhuttoned his shirt in front of her while in her office. she did not invite trim to do these things. Dr, Kalze initiated all sexual contact and conversation with However she may have responded to Dr. Katze, 'did not welcome or incite attention. For instance, in a January 2, 2m 3 text conversation wit a co-worker, -said, threw up a little from his Ughh!" When asked which comment, she replied, asked him, 'wllai's up?' He says, my sickll ill I'm just di gusting and wrong on so many Appendix A at 24.25. Sze aha Appendix A at 74 message to a friend: "He says he misses me ew.. .And he jacks off drinking about me all the time"). In early 2013, the University received an anonymous complaint that Dr. Katze had hired for the sole purpose of having her travel with him and perform sexual favors. Exhibit 6. In February 2013, Dr. Champon spoke with Dr. Katze about this. He did not mention the anonymous complaint, but asked Dr. Katze if he was living with any of his subordinates Dr. Katze answered that he was not, and they said nothing more about this. Dr. Kalze's relationship with Ed not turn physically sexual until sometime in 2014. For instance, in Febmaly 201 texted with a friend about her job. When her friend said, "Are serious he give a ew grand just to hump him That's awesome dude", replied, "Dude, What's awesome is that I have never touched him! Never." Appendix A at 30. hut by late September 2014, this was no longer true~by this point, -had touched Dr. Katzc's penis and began to perform oral sex on him. in her interview, - explained that she did not want to have sexual contact with Dr. Katze, but he insisted on attributing her refusal to have sex with him to his beliefthat she was a rape victim, -told me that Dr. Katze would tell her things like "you need to start somewhere," and Dr. Katee, in his interview, said, "over the years I persuaded her to suck my penis." He began by asking her to touch his penis, which he described as being "less threatening than sucking on itr" 16- and other interviewees remarked that Dr, Kaine insisted that his email and text messages be quickly responded to. For instance, _ereateti a unique alert tone on her iPhone so that she knew when Dr. Katze sent her an email. Review ofthousands email and text messages show many times when Dr Katve insisted that- and others not ignore his mess cs '7 when interviewed, Dr. Kata, commented "titt should have been a warning Sign," regarding- telling him at the time that she did not want to share a bed with him. 15 money, shoes, travel and time off, etc. Dr. Katze and stimated that she perfumed oral sex on him approximately four or five times. The em and text communications tend to corroborate the transactional nature of these exchanges - and Dr. Katze agree that suggested she receive some type ofcompensation, Dr Katze told me that the gifis were de unconditionally When they did have oral sex, it was in everi case was in exchange tor somethingi reports that Dr. Katze Just "didn't get" that she found his conduct unwelcome, but she went alnng with it anyway to keep her job. Aecoxding to her, any time she brought the topic up, he would make comments that she felt threatened her job, like "It's not eomfonable for me to have you work hele." A November 2014 text exchange between -- contained the following excerpts: Right'717 I only stay because I've got these kids to take care orand eouldn~t do all this alone work mg a real Believe me i uudezsumd because I've got -- and ifhc thought or even caught wind of seeking other employment we'd be terminated] st he done to everyone always the victim. Yep' That's why i always uppy toe around. .ONLY because oftlle job. I forever got your back and i know you have mineili Appendix A at 54. Email and text correspondence between Dr. Katze and lso hints at - discomfort with these note. For instance, in February 2015 they exc anged emails, which said, in part: pr Katu to Did you not come over because you thought i would demand my 10 minute B1 (tor the shoest). at is not the ease conserously (or subconsciously). 1 will never three you do to anything against youm will. love you MGK to in. knee. Mayhe suhconseiously 1 am worried about owing you and don't realize I'm "avoiding" it i know you would never ioree it and know I'm safe with you Appendix A at 59. Approximately three months later, in May 2015, - ent Dr. Katze a series of texts, including Something that really hit me yesterday is when you came in my omee and asked me what] spent your money on? it made me think a tot. lt honestly makes me tool like shit I've been embarrassed several times where you've done sinular things about my purses or shoes. You'Ll say those are mine or who bnught you those. it's like you feel the need to it Another thing is that I feel is that 1am receiving or money from you In exchange for a bi. lian't want to do that antil am put in situauons wherel do it because i owe you. Appendix A at 77. [6 ked about those messages in his intewiew, Dr. Katze remarked that he did not think would have been capable of expressing these types of feelings earliel ml in lhelr also said that he understood how she felt and that he did no! disagree. 5; a a" 7. Dr. Katze makes unwanted sexual comments to attempts to kiss her, touches her and rips her pants while drun an sends her sexually suggestive emails Dr. Katee also made unwelcome sexual cements to For instance, Dr. Katee frequently commented on her appearance, sometimes in an ostensr complimentary fashion ("You're so pretty, you should wear makeup", and sometimes in a more controlling fashion (telling her that she should not wear turtlenecks), _said, an confirmed, that Dr, Katee made eontrnual references and jokes to threesomes including about going to "nortell motels" on Aurora Avenue with her. said, an confirmed, that Dr. Katze made eomments about her hreas saying that she should wear shorter dresses or skirts, or asking whether _was wearing panties". On a few occaslons in 2014 and 2015, . Dr Katee sent them sexuallyrehargcd news stories via email, like about a "fit bit" for a penis and about a political scandal involving cleavage. See Exhibit 12. in addition to commenting on --s appearance, on a few occasions Dr, Katee touched her or attempted to touch her in ways that she found unwelcome Ln Fe Dr. Katee attempted to kiss -this happened in the workplace and contends that Dr. Katee was drunk when it happened. ln August 2014, Dr. Katee became so drunk at a party following the Systems Biology Conference that he could not recall how 3500 became missing from his wallet and asked "Was I ti 7" in an email the following morning. Appendix A at 51. An interviewee other than described him as intoxicated to the point where he was falling down, _took him home, and on the way there she says he pawed at her, hung all over her telling her that she was the only person who loved him, and ripped her parts by stepping on them. Interviewees other than stated that Dr. Katee would occasionally comment on the app many Verified that Dr. Katze told one female employee that her glasses made her look kc a "sexy little librafian." One interviewee said they overheard Dr. Katee commenting ext--'5 appearance by saying mice View" in reference to her. 17 s. In early 2015 the Kane Lab loses a significant grant; key employees, some of Whom Dr. Klitze considered to be his friends, leave the lab 1n the first (planar of 20] 5, the Katee Lab learned that it lost a significant grantitlle 1 9 'Ralph Bat--ic' grant." News of the lost grant spread throughout the lab, and employees became concerned that the lack of fundin mean layoffs. Same employees, in fact, wcle laid off; two of the layoffsi employees who had worked for Dr. Katze for yearsitmuounced then in ell ions 0 save a just a few Weeks apart. Dr. Katze considered both of these employees to be fi'lends,'9 and their departure hurt his feelings.20 Morale in the lab was low, in part due to the loss of funding and in part because a belief among some Katze Lab employees that Dr. Katze was not telling them the truth about why the giant had been rescinded. Compoundini the iroblem, - an employee upon whom Dr. expected to lean more heavily in absence, complained to Microbiology when Dr, Katzc refused to permit him to take accumulated leave. See Section infra. Only alter the intervention of Dr. Champoux did Dr. Katze allow to take his accumulated leave. During his leave period- then notified Dr. Katze that he' too, was quitting tho labA-and not only was he quitting, but he was accepting a job for a rivle Principal investigator with whom Dr. Katze had recently had a bitter dispute. 9. is passed over for a promotion, walks off the job, has a physician write her a note excusing her absence, and fears that her job is in jeopardy learning of"; dcparnue, began an Iin to assume '5 role in the lab. eare r. Katze was going to hand the role to instead: [Dr Katee} and ave been talking about it all morning. I'll quit. .whmever, lfhis dick no es the decision to pu Cr in that role I'm gone" While she is sucking him off, he'll expect me to do the work l'lIA'l'! Appendix A at 62. Two days later-applied for 12jobs via ow Hires. See Exhibit 14, Dr. Katze did not, in fact, hand '5 responsibilities to . instead, he announced in a March 30, 2015, meeting that the role would go to another lab employee. walked out of the meeting and did not return to work for the rest of the week. She ohtamc a physician's note stating she was ill and unable to return to Work until mid-April. Appendix A at 67, 69. confidante: i had to walk am of the meeting this am. Unbelievable they actually think they can bling- into '5 office and she will loam the role in a month. I'm fucking out of this popstele stand. .l'ln Dr. Katze appeared to have few friends outside thhe lab. 7" In the case ol_, Dr, Kstae attempted to ehan the termination From a layoti'to a tiring because of what appears to be his sense of betrayal that i quit the halo. See Exhibit 13 18 nobody, boy, and that's howl fucking feel here, passed up thiee times, now nguin, nnd_ is going to get a raise because they have to redo his PTSA ngnin untl shout mine WTF, .screw that shit. Appendix A at 6667. then became convinced that Dr. Katze was oln to fire her, but on Easter Sunday, Dr. Kalle and met. He a eed to allow flto have 's former office, although the bulk of 's responsibilities would still he a tune - Dr. Katze also allowed to work only four days a week, taking Fridays of Appendix A 8174, 79. ln the midst of the turmoil within the lab, Dr. Ketze began to sense that-was pulling further and inither awny from him. This feeling intensified when she declined to accompany him to Bali in June 2015, a trip he had long expected her to take with him. On June 22, 2015, he emailed from Bali: 10. Dr. Katze begins to reali distancing herself from him Bali is spectacular. But i sin very sad|rlecided not to eome I'm pretty sure things are over. Disappointed Appendix A at 82. On July 7, he texted- 1 nm doing okay Trying to accept the distanoc from you. Trying notto sness yon outwith my You have so much on your plate 1 whit you to he well. I've tried to connect like todiy or yesterday to no avall. ok hot i need to get used to not having you to talk to, i guess we both have Not sure Not good with text so let me know when we oan mcel. Okay? Appendix A nt 84. A so more -ettet- son in no. He's getting really ,.texiing me all night heoeuse he was so lurked up that he couldn't walk. Every day now he iusi keeps going home and blowing me up to hang out and lignore him. i mi really sorry he's hen-lg a dicki Totally ignore him he's got some senous issues whatever is gomg on with him I'm not being his hitch nuymmc and so he's dipping the ntek out nonstop. Appendix A at 85. On July 10, she texted- He's thckin ridieulou 'luu wouldn't believe the shit he was saying yesterday. Ile's an asshole and thinks everyone is so selfi he's the ONLY one working or dohig anything lseriously Just ignore him I'm sorry he's being thek to you. It's Just who he is now, ,nlways whining and hiteinng nhout everyone and everything, At lenst we have each other to vent lean on. shit, without you lwould lose my mind' Appendix A at 85. 19 11.- involved in a total tramc accident and is absent from the workplace; --and her husband argue with Dr. Katzc about - Well-being On July 14, 2015, the day prior to birthday, it was evident that Dr. Katee sensed -s withdrawal: Dr. katrc text to- Have a nice birthday not gonna ask you out anymoxc because itdisappointed over and over. I'll leave it up to you ok? Friday i am on the boat with Appendix A at 88. The next morning, _struck and killed a pedestrian on 1-90 while commuting to work. Dr. Katze panicked when he heard the news and required to leave work to comfort him at his apartment. Over the next few days he repeatedly texted and offered assistance, but she mzijntainad distance fiom him. not come to work, followin Friday, July 17, two days alter the fatality accident, Dr. Katze met- dfol lunchtime drinks. Earlierth ti he te ama total fuc mg moss." Appendix A at 90. When he met the conversation immediately turned to was un ikely to return to work anytime soon, as the stress ofthc accident was too much. Dr. Katze insisted she would be okay within a few days --responded by saying something along the lines of"You never killed anyone before," and the two began arguing. Dr. Katze the restaurant and sent the following texts to -Wow. I am (ryng to cope and-is so mean is so wrong Dan't come back. inover killed someone? lnced love and support not this, Wuw And that's the thanks for heing a great boss and not making you go to work today. Wow. Speechless Appendix A at 90-91. ham: on you. and Dr. Katze never spoke in person a am All subsequent conversation between the two of them has been through email or text. whose anger toward Dr. Kalzc had been steadily building for month appeared to reach a peak level of Among that evening's texts to her confidante,-- were these excerpts: i will never come into the office whenever hers out ot'town and when he is in town and at work my objective will be to leave every day by 2pm, and i don't care what he thinks or what anyone says, I'm challenging him, I'm not going to walk with my tails between my legs like the Jews did in WWII. I'm done with his shit, i can see why the Germans tried to get rid of them all. .. 6) I know poor taste. yeahlambad hut that's because he's done pmhed me too ireakm tor. a we can do it get out. and get am we 20 yeah fuck him. .he doesn't intimidate me, the looking loser selfish etshit .,all he has done now is solidified his intrusiveness into my tamily and his as now be voided, hc's kicked the reek out, he'll never see or hear irom my hubby again, I'm making sure orit. 1 work tor him, not my husband, and he doesn't have to act like the people in his lab, laughing at his stupid jokes, accepting his hes, lying to him, ete, .l-le istrulyaman without a single rneml ,and ear. we why their him Appendix A at 95. 12. The workday fulluwing the argument, Dr Katze critic es work performance in a series of emails; _texts a friend: "that email just cost him a sick day" Katzc i1.in both came to work the following Monday, July 20, 2015, but did not speak exted l0:39 Ought to be interesting. lle ls here, and in rare form. looked my head in waved hi he gave me a look like yeah whatever. i inst laughed. ,.sllould be an interesting day. 11:53 He's tutally me L01, Iwondel lfhe's having lunch with 'ghL now as he had kept Us 2 rree on his ealendar. She lakes her mother in law to eheme on Mondays an how she prehably able to get him to pay for the hotel for her and her kids Saturday evening. Was [unintelligible] to seeing him today. Prick. 1 don't eare. I'm gone. 12.10 pJn.' He's a hig baby, 1 don't care, rm glad he rs avoiding me beeaose was ready to tell him the hell 12:43 pJn. He's book and he went right into his affine and shut his door, 3:Al pm Who know/5,116 eertainly isrl'l talking to me whatsoever, he has his door 3:42 pm. [discussing LMFAO she is geruia it to the limit and I'm gonna help her.. Appendix A at 9699. It was shortly alter this time that" elaims Dr. Katze eelled her into his ethee, spoke to her about - and expose nnse her. At 3 :56 pm, Dr. Katze sent an email from his eoinputer to a person Working on replacing doors on his wife's home. At 3:56:45 pm, sent an email to a coworker. It was the last email she sent From her eomputer that day before leaving work. Appendix A at 99. Aeeording to" she finished sending emails, shut down her computer, put it into a ease, put the case into a sat cbag, carried her bags out into the hallway (her office was adjacent to Dr. Katze's), lefi them there, went into his office, when: he began to complain to her that no one loved him, complained to her about and at some point she notieed that he had his hands in his pants, afier which aim he exposed penis to her, and blocked her exit from the office with his ehair. issue at that point she eventually lefi the eftiee without saying anything, grabbed her bags from outside the offices and went downstairs to the garage where she heard her cell phone 21 ehirp with an email from Dr. ,e at 4:01:16." The email replied to a 3:46 pm. email- - sent about an itinerary relating to speaking engagement by a visiting academi her: 22 The time you have her meeting me is wrongyun haye 475m [copying and posting from-- email] Alld you misspelled ROSEN and BUILDING [additional Copying and pastmg] BOTH MISP A'l'nl) L1 11le Less than a minute later, he sent a second emzu LAST NAME _replietl al 4:09 from her iPhone: Idldn'l great it Amy did let her know an awme she sent it -ent three more emails before 5:00 that day: 4:11 soon for 2 lunehes is too much And 2 diners? 4:12: Yam reply is not in Englishv 4:42: You need to check your spelling and grammar beforc ou send mm It is a direct refleetion one i need you to help with '5 work, helping as well but I need my reimbursements processed. Most ofall lueed you to he here run time ineludrng Fridays until runner uotiee i have been extremely generous with you and our time now tlutt is over i am tired and need you he MGK PseAnd please 1 Will not talk about you as hurt rrom lnsi Friday he uvinr was disrespectful and shameful. - forwarded the 4:42 pm. emeil to -- and then texterl and emailed 5:07: For that email it has new cost him a sick day 1 will not he at work mmonow. 5:20: lthinkit's time for me to seek medrenl legal adyiee he's not onna bully me and getaway it or hold my husband aclinus or ngams! me you see his ps abomg- 5'21 High he: wallet! ill lefl blwI worked 87 hours today Additionally, that attemoon, -texted- 4:13: MGK know you are in wami'! As he's hrtehing agent about SS i spent sent: en 2 separate luuehes this week ior his group he wanted. WTF he expeet me to put it on my cc? Dl-i hell no 101 I think he's plotting to get rid oime now alter Fr--idey by his actions and uitpteking but guess when 1 don't give it fuck, I'm about I0 head to en attorneys office>> siek of hi. hitl Appendix A at 100701. 21 As i explain in Seetiun irr/ra, my determination is that the events that described did not happen. 11 when visited the Katzc lah, I timed the walk fium outside Dr. Kam's office to where typically parked her in the gauge beneath the hurlrling. The trip took me approximately 1:30, walking at a normal pace 22 None of entail or text communications lreyiewed from the eriod of Jul 20 through July 22 indicated that she mentioned the alleged exposure to fl or anyone else With whom she corresponded. 13. When _salls in sick the iollowing day and then fails to respond to Dr. 16 emal after her return to work, Dr. Kntze initiates further action against her The following morning, Tuesday, July 21, 2015, emailed Dr. Katze, telling him she was sick to her stomach and not coming to work, A few minutes later, she emailed -- saying in pan: 5' s: MGK is fucked up in the head Fishing for a reason to fire me heoause he is still upset ahout- saying he was hung mean to Cry me a fucking nver, that's between him and-not me and sis if..,theie again, all about him, his feelings, now he is taking something ml and totally unrelated to me and made it personal and attacking me because of his feelings, so not professional, not acoeptahle and 1-mnot going to nor do have |o tolerate it. lhave plenty of leave, wonder iflns girlfricnd does. because gonna have to use it or go oifthe hooks, I'm not covering or lying for him anymore. ,.hc can fire Inc I dun't apparently viewed -'s accident as some kind ofpotential windfall. ln texts to later that monaing she said. 10:29. cracking up saying geez, you work here three years and you're already walking out with a retirement. the people who care nhoiit you. This is a once in a lifetime opportunity for you, sponge hoh doesn't have your host interest, he's only thinking about himself I I 9 this is an opportunity that oomes along once in ahfetime, rm so sorry that it came dawn to this. "This is a thing that happened to you, you cedainly by no means asked for this Sponge bob doesn't understand you might never work again because of this horrific incident. Some people never recover from such trauma and my god sponge hoh wants to downplay it. Appendix A at 101, 104, Meanwhile,--dcclined to respond to Dr. Kalze's emails, and emailed her at 9:57 in the evening to tell her that he assumed she was not coming in the following day and that he was requesting a temp employee. Appendix A at 104. 14. believing that she is going to he fired, leaves the workplace; the I'ulluwlng day, for the first time, she asserts that Dr. Kane exposed himself to her The next day, Wednesday, July 22, 2015, _retumed to work, She did not see e~he avoided her hy spending the day in a downstairs conference room. Neither did respond to any of Dr. Kane's email messages that morning In die meantime, she did other work, including asking Microbiology Administrator _lf she would he available later that day tor a meeting." Coincidentally, Dr, Katze emailed-horny aficr, leading--to believe that Dr. Katze and Ms. Caprina were Working together to terminate '3 employment." A few hours later, he announced that he was going to move fice. whcn_ round out, she texted-; 0mg did you see his email I'm moving tomorrow' '3ng Appendix A at 108. Atcw minutes later, the lab, never to return, Appendix A at 109, She had drinks that attemoon with and another work acquaintance, -- While at the bar she complained tot em a out Dr, Katze, including telling them that he had, on one occasion, attempted to kiss her. She said nothing about him imposing himself on Monday or at any other time. Dr. Kama proceeded with his lansiafier moving-'5 office, he dJrected Ms. Capnna and Katze Lab employee to prepare a Letter of Expectation tor - - If did not immediately improve, she would he terminated Exhibit 15. On the morning of Thursday, July 23, _textcd - "Aloha! Today marks the first day of my new life!" Several hours later she rted Katze to the police, claiming for the that time that he exposed himselfto her. She and _had the roliowing text exchange about itpolice station as we speak he exposed lus penis to me on Monday. I'm ut of work. I'm awful upset. I'll Lexi ya ltficr I'm done, meao Appendix A at 113714. 15, Dr. Katze learns orinvestigation, meets with- and tells her that she needs to "answer the University's questions easily" and tell the investigator that she had not heen harassed Di. Katze was notificd of_'s allegations by a memorandum from me on July 31, 2015, Exhibit 3. He was later notified by a letter irom the School of Mcdieinc re arding additional concerns, including the possibility that he may have sexually harassed . Not long thereafter, Dr. Katze met with- During her interview she told me that, among other things, he told her that he "needed her to answer the University's questions easily," and that, if asked questions like "Did 1 harass you?" she should give simple answers like He told her, need you to do this for me." 1' According to a contemporaneous text to "billy wanted to talk to-ahoot sortie PER shit (such as the PostDocs plans in ie a A at loom 1' in tact. Dr, Kotze did end up contacting Ms. Chow's absence hour work and refusal to respond to him, hut he did this after the email to that led--to believe she was about to he fired. Appendix A at 105707, 24 16. More than two months attcr her UCIRO complaint--alleges [or the first time that Dr. Katze's harassing behavior included many more episodes of exposure and also included many episodes or unwanted physical touch By the time 1 met with _ror a follow up interview on Octoher 2, 2015, 1 had developed serious concerns about the veracity other allegation that Dr. Katze had ex osed self to her on July 20, 2015. Among my concerns was the July 21 email fiomhto in which she plainly appeared to attribute Dr. Katze's actions of the aitemoon of Mondai Juli 20 to his lingering anger over the Friday, July 17 argument he had with-- MGK is fucked up in the head. Fishing tor a reason to fire me because he is still upset about. saying he was being mean to hun Cry me a fuckingriver. that": between him ind-not inc and as if. .there again, all about him, his reelings, etc. .and now he is taking something personal and totally unrelated to me and made it personal and attacking me because of his reelings Appendix A at 101-02. She had claimed to me that his actions were in retaliation for her not performing oral sex on him when he implied that she should by saying "Put on your red lipstick." i asked her ifshe could explain what she meant in the email, and she declined to explain it, responding in ways that ddress my question. When 1 next asked her about a text message she sent that week to he just told me can't interpret it. I'm sorry," even though it was a text that she had herself written just two months earlier. Several minutes later we moved onto another topic and then, for the first time, she disclosed allegations that Dr. Katze had expuo'ed himself to her on four to five occasions and that he had frequently touched her buttocks and breastsi She said that she had not disclosed the allegations earlier because she did not want her husband to know about them, TV, ANALYSIS A. OF FXNDINGS 1. Dr. Katze violated Executive Order 31 by creating a hostile work environment for I find by a preponderance of evidence that Dr. Katze violated Executive Order 31 when he created a hostile work environment for--by: Making many okes and comments about having sex with her; Frequently commenting on her body and appearance; Attempting to kiss her on one occasion during the workday; on at least two occasions sending her unsolicited emails; . Touching her body on one occasion when 110 was intoxicated; 25 Doing all of th 4 abuolvc and proiane environment where he used gendered sluts in front of and other employees such as "tiny dick," "bitch," "sissy," and at least on one uccasion, "cunt"; Doing all of the above while wielding an enormous amount of power over where he reminded and others ofhis ability to fire them; Doing all orthis while he required _o etieetively act as his personal secretaryZi and be available at any time for reasons that in many cases had no business purpose; Doing all of this atter he had been warned about using pornography on his work computers atter employees had complained; and Doing all of this in an environment where he had had sexual relationships with at least two do not find sufficient evidence to support claims that Dr. Katze exposed himself": her on any occasion, or that, aside from What is listed above, that he touched her in any unwelcome or sexual manner. 2. Dr. Kntze violated Executive Order 31 by engaging in a quid pro qun sexual relationship with i find by a preponderance of evidence that Dr. Kane violated Executive Order 31 when he engaged in a quid pro one relationship with _because: Were it not fur--s status as Dr Katze's girlrriend, he would not have hired her or tolerated her poor attendance or poor level of work performance; Dr, Katze created a situation where was completely finanClally dependent upon him by grossly over-paying her for the small amount otUniversity work that she performed, both in salary and in thousands or even tens ortheusarids of dollars per year in gills, cash, and travel on top ofher salary; Dr. Katze at times attempted to control her behavior by telling other, male employees that they could not spend time with her; Dr. Kalzc initiated all sexual comments and contact with and instead of reciprocating she oficn responded by saying things like "eww "gross," "barf," or "puke"; Dr. Katzc was insistent on having sexual contact with - and put pressure on her to have it- When did have sexual contact withM in every instance it was transactional--oral sex in exchange for things lik ney, vacation and time off, etc.; 25 For instance, the following are examples of what _did for Dr Katze: locate an apartment for his personal residence; negotiate the lease on his personal residence; rut parking ticko arrange his personal interact and cable services; assist in the purchase and sale assist in the sale olreal estate; purchase furniture for his personal residence; elm his personal residence; pick him up and drop him off at Ihc airport; aiiange his personal travel; schedule his manicures, pedicures, haircuts and hair lightening appointments, 26 - Dr. Katze was ame oftlie enormous amount of power he wielded over-and at times would remind her of it by saying things like don't know ifwc can work together anymore" or "Maybe you should find another job"; - _treated her relationship With Dr. Katze as a jobimost of their time together was spent during regular working hours; they rarely saw each other outside of regular working hours; they did not spend holidays together;_dld not sleep over at his residence; she did not invite Dr. Katze to hers; she did not introduce Dr. Katzc to her family, and she manufactured ways to avoid spending time with him; and - -did not welcome sexual contact or comments rrom Dr, Karzc. B. STANDARD OF REVIEW The standard ofieview i applied Was preponderance ot the evidence. c. FINDINGS REGARDING 1. Some of Dr. Katze's comments and/or actions were unwelcome a. Dr. Katze made unwelcome cements and takes about having sex with- Both stated in their interviews that Dr. Katze made comments to bout having sex with iei. For example, _said that a frequent comment made by Di: Katze referred to them "getting a 'nD--tell motel'" on Aurora Avenue North. She said comments like these I at long lunches during which she,_ and Dr. Katzo would drink alcohol. confirmed that Dr, Katze made comments like these, and during her interview . to phrase "noetell motel" when i asked generally about Dr. Katzc commenting to bout going to a motel on Aurora Avenue with her. The specific use of this phrase co ohor '5 statement that this was something that Dr, Katze said _iid not welcome these comments, although both explained that when he made them, they would attempt to "laugh them off," and attributed them to Dl'. Katze being "a dirty old man." 1' stated that Dr. Katze had said things like "I'm going to jack off on your toes" [0 and [0 her before One of the occasions that [11: three of them Went. to get a pedicure. Dr. Kiitzc did not wholly deny making comments like this to i find that a preponderance of evidence supports that these comments were made because (1) corroborates account; (2) instead of completely denying the comments, Dr. Katze said in pan that did not object, implying that he had made the comments; (3) it is undisputed that Dr. Katzc made comments of this sort to suggesting that this type of language or commentary is not unusual or out or character tor him; (4)_teterred in 27 pal comments about getting a motel with her in a text message to a coworker"; and (5) has consistently asserted that Di: Katze made such statements even when they are comparatively much less serious than the other misconduct she alleged. Dr. Katzc did not completely deny making sexual comments and jokes to_, but instead suggested that these comments were welcomed by her. His response to my question about sexual comments and jokes to _was to say: it was always-who wanted to makc me happy it was-who suggested I see a hooker. it was- who said I'm you a mattress she was not bombarded by sexual innuendo by me, she never objected in fact. the contrary, she'd hug me hug me from behind, there was no cupping credit-s statements to me that she did not welcome sexual jokes or comments about her because i find it reasonable that a woman would not welcome comments like this from someone with whom she had no sexual or romantic interest or relationship. There is a qualitative difference between comments or jokes Dr. Katze made about his own sex life or about sex generally and his comments about having sex with_ Thus": willingness to engage Dr. Katzc in conversations abotrt his sex life or examples of er own and profane speech are not sufficient to refute the inherently reasonable proposition that being joked about or commented upon in asexual manner by someone with whom one has no sexual or romantic relationship inter-est is offensive. Moreover, Dr. Ka argument that did not object to his comments rs insufficient to refute _s assertion that tho cornnrents were unwelcome hxecutive Order 31 tlocs not require that an employee object to a supervisor's comments to prove that they are unwelcome. It is not uncommon for employees to fail to object to offensive comments, For example, they may not perceive any one particular comment to be that big or a deal; they might not want to risk the temper oftheir supervisor; they might believe that complaint is futile; they might believe that they are somehow to blame for the comments; they might believe that they will face ostracism from their coworkers if they complain; they might believe that complaining will damage prospects for future opportunity with the supervr 'ght fear that the supervisor specifically, many of these will retaliate a a them in the case of Dr. Katze and reasons appl g"and other interviewees described Dr. Katze as someone who beeamr: singly en a onge became sarcastic and cruel when upset, and someone capable of going to great to retaliate, Many interviewees also expressed a belief that Dr. Katzc would not be held accountable for his behavior because there had been previous complaints made about without consequence. Regarding whether worthy of objection at the time "laugh off' the comments considered each particular comment to be something scnbed how she took the approach of trying to described her approach as being sirnilar). Regarding futility, In July 23, 2015 text message to this coworker was in the context of her claimrng to the coworker that Dr. Kntze had exposed hrinselito her on July 20. "all 1 can say is I don't know what to say who'd a thunk ll, I mean he's made statements like lets go get a motel on aurora and shit like that. Appendix A at 119. Under those circumstances, it seems unlikely that she would also manufacture the somewhat pedestrian allegation of him making comments about going to a motel together. 28 quite a few people I spoke to ex ed their belief that it was fruitless to attempt to curb Dr. Katze's behavior, and "sent-a text message to that effect ("He thinks he's untouchable." Appen at 6). One person told mu that Dr. Katze made them feel "powerless." Interviewees other than-- described a work place in which Dr, Katee was feared. One person described the environment as "fear based," said how they cried each day before work, and diat they were afraid Another said that they feared him and feared his temper. Others recounted an episode where Dr. Katee screamed profanities at an employee. Two people expressed to me that my contacting them about him caused them to experience physital of illness. A complaint wholly unrelated to --s, emailed to the School ofMedicine uearlya decade ago, asserted that the complainant had nightmares about Dr. Katee and feared running into him on the streets of Seattle. I learned from a number of interviewees how that fear extended to job security and to a belief that Dr. Katee would retaliate against them even afier they left the Urrive . As mentioned elsewhere in this report, Dr. Katee would communicate to _y and others his desire to fire employees. See, ag Appendix A at 2--3, 8, 20, 23, 38, 80; Exhibit 16. Some interviewees also related how Dr. Katze did not. take criticism or disagreement well, and said that he could become cmel or demeaning if challenged. one interviewee said that they would be able to cite "a bajillion" examples of his cruelty; another described these incidents as "abundant"; one person said you needed to walk on eggshells around him; one person told me that Dr, Katee tended to become cruel when someone delivered a contrary opinion or posed some kind of threat to him; another said Dr. Katee "did not deal well" with people addressing things with him; and a few people gave examples of seemingly benign situations where Dr. Katee haIangued them about minor matters. Specifically, Dr. Katee told one employee they were "stupid," "a mumbler," and stutterel'," Another person told me Dr. Katee called them a "weak sissy with a tiny dick," and others recounted com laints that Dr. Katee would tell people they were "fucking stupid" or "flicking idiots." Whenh, who had accumulated hundreds ofhours of annual leave, asked Dr. Katee to take a week off over the holidays, Dr. Katee denied the request and came into his office and told him, "You will never take this leave. .Tough shit." My own interview with Dr. Katee allowed rue some insight into this type of experience. He was, at times, profane and sarcastic in some responses to my questions. When Dr. Katee asked me why, ifemployces had a problem with his behavior, they failed to complain to hun about it, I asked him in response, "What if you express yourself to your employees the way you've been talking to me?" Dr. Katee replied: Then they should complain to rue or find another job. My Job rs to pet grants, i am singularly focused on training scientists knit] of shit is completely to me. When 1 asked him about whether he referred to men as having "tiny dicks," one of the things he told me in response was, "Whatever--it's my free speech." Consequently.--s failure to object to Dr. Katee about his comments and jokes seems quite reasonable, and reject the contention that her failure to object implied her welcoming of sexual comments and jokes about her. 29 Likewise,_both told me that Dr: Katze made comments about '5 bod mfol' instance about her breasts, the length of her skirt, and whether she was wearing panties, reported that Katzc told her that he did not like when she wore turtleneeks. A 20 1 text message from--tends to corroborate this. Appendix A at 1. Another more benign example was Dr. Katze's admission that he would sometimes tell _things like "You're so pretty, you should wear lipstick." Some other interviewees stated that Dr. Katze oeeasionally commented on women's bodies, althon onl _nnd one other employee could recall instances when Dr. Katze commented A number ofinterviewees told me that Dr. Katze had, at a lab--wide meeting, said that "loode like a scxy little librarian." Aside from Dr. Katze's admission above, Dr. Katze denied making any comments of this sort. Iresolved this credibility determination against Dr. Katzc and [therefore find a preponderance otevidence supports that these types ofcomments were made. c. On one oeeasiou Dr. Katze attempted to kiss _durintz the workda lso complained that on one occasion in 2015. Dr. Kalle was standing outside of his office and appeared to be intoxicated. She says that when she leaned in closer to look into his eyes, Dr. Katae purscd his lips and attempted to kiss her. She says that she pushed or punched him in the torso. Dri also denies this, and again I resolve this credibility issue in favor and find a preponderance of evidence supports contention. First, there considerable support for Dr. Katze's intoxication in the workplace, and when I asked him about his use of alcohol in the workplace, he gave me no meaningful answer, Many witnesses corroborated claims that Dr. drunk in the work laec.27 Second and _Iirom February 2015 most imponantl an email exchange between and indicates that hound sumething that happened that day objectionable: dude I'm like grossed out don't blame yorrl2x 27 For instance, two interviewees told me that they believed Dz. Katze was intoxicated during their annual performance reyrews, one witness told me that they smelled alcohol on Dr, Katze's breath during the workday and that Dr. Katee slurred his words while screaming obscenities at them, another interviewee told me that he also observed this episode ofDr. Katzc slut-ring his words and sereanung obsecnities, one interviewee told are that Dr. Katze enjoyed "thlee martini lunches," text and email communications between nr, Katze made references to during, the people reported seeing alcohol in r. a office, both 'nnd another interviewee told inc that Dr. Kat/e drank hard alcohol drrn'ng the workday, sometimes by pouring it into a coffee mug, and an unrelated 2010 UCLRO investigation included statements by the complainant about his drinking while at work (and included photographs of alcohol). See Exhibit 6. In .luly 2015, asking her it she could find this email exchange, describing it as "the rnarl sent you where] informed you that MGK tried to kiss me." Appendix A at 122 30 Appendix A at 59750 Third, again, _o1d her coworkers about this allegation before she claimed that Dr. Katee had exposed fto her, she has consistently asserted it, and it seems unlikely that she would manufacture this relatively benign (and odd) complaint in light of the other serious misconduct" that she alleged. Finally, 1 considered that two other female peers of told me that sexual contact he had with them was not always welcome. While that sexual contact occurred in the context with these employees, 1 still find it somewhat more likely that a supervisor who has been described by two of an employee's peers as direeh'ug unwanted sexual contact toward them might also direct this toward a third employee, as well. d. in 2014 and 2015 Dr. Katee sent-at least two emails with mild sexual content Dr, Katee sent-nsolicited and unwelcome emails in 2014 and 2015. The first was a link to a "fitbit for your penis" and the second was an article about a scandal concerning British politicians and pictures of cleavage. see Exhibit 12. The emails have no work pin-pose. e. oi1 one aeeasrei or. Katee teieireu --s ire was intoxicated Finally, at the 2014 Systems Biology Conference in Seattle, a major event hosted by the Katee Lab, many interviewees reported that Dr. Katee became extremely intoxicated at an evening conference event. They recall Dr. Katee hanging on people, telling them cm, and described him as being so thunk that it was obvious he needed to leave. alled an Uher and accompanied him to his apartment complex, where she leit him She said that on the trip back, he put his hands all over her and that he ripped her pants. was not speeitic enough that I could infer any particular sexual intent from Dr, Katz (our: rig of her. While Dr. Katee denies this, his emails from the next morning reveal th remember the events orthe previous evening, making it impossible for him to refute 's contentions. Appendix A at 51 I again resolve this credibility issue in favor of_. She has been consistent in her explanation or this episode and told people about it even before she accused Dr. Katee of exposing himself. She also previously sought reimbursement for her ripped pants. Appendix usibie that someone as intoxicated as Dr. Katee had been would put his hands on body, and he was described to me as being "touchy feely." Finally, it seems iuilikcly that would manufacture this episode in light oithe other very serious ccnecms about Dr. Katee actions that she brought to light. Therefore, coupled with Dr. Kane's inability to fully remember the evening, 1 find a preponderance of evidence supports version of events. *9 _inade additional serious allegations concerning Dr. Kallze's behavior that are not directly within the scope of my investigation, 31 z. is insuffieient evidence to conclude that some or Dr. Katze's comments, mainly those about his own sexual activity, were unwelcome There is evidence that Dr. Katze made other sexual comments to_ but a preponderance of evidence does not support that these comments were unwe come. Because Dr Katze befriended he trequently spoke to her about his dating life and his sex life, In fact, on many occasions attempted to find him women. In short, text message communications between and several ofthc women with whom she attempted to set up Dr. Kdtze (many of whom appeared to be her friends) indicate a substantially proactive participation in the process by --aud suggest in no way that she did not welcome this role. See, cg, Appendix A at 4, 5--7, 12713, 2123, 44-47. On many occasions, she appeared to go out ofher way to find women for Dr. Katze.30 Moreover, while Dr. Katze may have frequently discussed with_ his own sex life, it is understandable that this would be much less objectionable to her man his comments about her sex life or jokes about having sex with her. Finally, it is clear that by sometime in 2014,--s level of contempt for, and frustration with, Dr. Katze supports the proposition that these types of comments were not welcomed by her. it is possible, though, that earlier in their working relationship and friendship that she might not have found his behavior as obiectionable, partially explaining why she tolerated it without complaint to the University for as long as she did. Consequently, Ido not find that a pr onderance of evidence supports the proposition diat communications between Dr. Katze andh prior to September 2014" about his desire for her to find women for him or her attempts to do so were not welcomed by her. Dr. Katze's decision, however, to frequently discuss this aspect of his life out. while not a basis for my finding of a hostile work is an example or what could be considered "inappropriate," but non-discriminatory, conduct under Executive Order 31 .12 See Exhibit 1. 3. The large amount of power Dr. Katze wielded over --comhined with the large amount oi moncy that he paid her account tor why she tolerated his behavior whose pnrnary orrieial work duty was managing Dr. Katze's calendar, eams $75,732 a year, or 112% of the University avetage for that position and grade. Exhibit 17. She is highly compensated, especially considering the frequent amount ofnon-ieave time off she receives and somewhat smaller workload than one would expect or an employee of that grade. Not only could not likely find a similar position elsewhere, but her written work ploducl is so poor it ifficult for her In land a similar job 3" It is undisputed, though, that Dr. Katze also initiated this type of discussion See, 2 Appendix A at 1, 43) 74. This is the approximate time that I was able to observe that--'s text communications about Dr. Katze indicated a consistent level of contempt and annoyance with him rather than reflecting lutmoll that was normal in their friendship, 32 when i asked Dr. Katae, for example, why he permitted-o email escort services on his behalf, he replied, "Because I was stupid." '12 at any pay level. As a result--had a financial incentive to tolerate Dr. actions, even if she did not like them. Additionally,_ feared Dr. Katze would temlinate her employment ifhe became displeased with her. something she had witnessed countless times in her five and a half years in his employ. _was intimately familiar with Dr. Katzc's propensity to fire employees because in man cases he expected her to carry out the terminations. Thus, it is straightforward to reconcile 5 failure to complain about his behavior until July 20157whcn she believed she had ii es er jab--with the harassing behaviors she tolerated. 4. BL Katie's unwelcome actions were sufficiently severe, persistent, or pervasive that they could reasonably be expected to create an intimidating, hostile, or offensive work environment a. Dr. Katze's unwelcome iokes and comments to -were not stra isolated comments stated that Dr. Kim's comments and jokes to her were constantJevcry day," according to her. While this may he somewhat exaggerated, I am nable to refute her contention that the comments were frequent. licceived no indication from_ the other person to hear many of the comments, that his sexual comments or jokes to _were in any way isolated or stray. Additionally, they were persistent in that they occurred i-c ilarly over a period ofrnuny years, lt is inarguable that Dr. Katzc's sexual comments to at least, it is reasonable to infer that if Dr. Katze were making sexual comments and okcs mm, that they might also be frequent, even ifnot as frequent as were those to -- rm at a preponderance of evidence supports that the comments were relatively frequent and spread over along period. See Section NC. 1 supra. on ttvorgccasions Acts of unwelcome touching could, without more, violate Executive Order 31 if the touchings were sufficiently serious. hi this case, the touchings (or attempt at touching) were not sufficiently serious that I would have found that they violated Executive Order 31 on their own, but they did contribute to a hostile work environment. Regarding the August 2014 drunken touching, _s recounting ofit was not sufficiently precise to infer that Dr. Kath focused his touching of her in intimate areas such as her breasts, crotch, or buttocks. and i likely that if he did touch these areas he was intoxicated enough that it would be difficult to infer any sexual intent." Nevertheless, he did put his hands on her body on a way that she has said made her feel uncomfortable. The "attempted kiss" incident is mitigated because Dr. Katze did not succeed in kissing . However, an employee should expect that her supervisor not attempt to kiss her, '3 Dr, Kalze's intent is not in my assessment, but it is relevant. 33 especially in the workplace during the workday, _cmailcd her colleague that the experience "totally grossed [her] out," Appendix A at 59750. Dr. Katzc's other behaviors andlarlguage created a workplace that was already highly charged and uncomfomble for his subordinates in my finding that Dr. Katzc's unwelcome sexual comments and actions toward were sufficiently severe, persistent, or pervasive to violate Executive Order 31 is the Katze Lab environment that Dru Kalle created. The Katze Lab, by multiple accounts, was profane and unpleasant, and Dr. Katze peppered his speech with crass, sexist language, frequently describing men as having "tiny dicks," sometimes describing gay men as "Sissies" or "little faggot" or "gay boy," and desenhing women as "bitches" or "fucking bitches" and on at least one occasion as a "cunt?" See, Exhibit 18; see also Exhibits 6, 16, An interviewee said that Dr. Katze would make cements about penis size in front of female employees, a situation which this employee described as "cringe-worthy." Some interviewees described Dr, Katze as making statements that were racist, such as telling them that he would never again hire another Asian person, asking people whether they taught langlish in China, telling an Asian employee to "get on the first banana boat," or asking "Can't you speak English?" He also sometimes referred to black people as "negroes," a habit reflected in his text correspondence}e See Exhibit 19, specifically, _ias stated that Dr. Katze would sometimes refer to an erself as "mental midgets," refer to them sarcastically as his "crack admin team," and tell them that they would have to go back to Tacoma or go back to the trailer park. Another former employee told me that he told them that they were "fucking slepid" and that they would have to "go back to the trailer par Dr. Katze's other actions cannot be divorced from the environment that he created, and the environment that he created was oppressive and toxic In its own right Numerous intervieweesi including -described a generally unpleasant environment in which Dr. Katze demeaned and his employees, otten using profanity to do so. These statements are corroborated by other complaints about Dr. Katzre's behavior raised to the University at various times over the last decade. See, eg, Exhibit 4 and the discussion in Section Supra. This was also an environment in which Dr. Katze showed complete disregard for many appropriate standards of professional workplace behavior: he persisted in viewing pornography on his work computers, despite being walned not to do so (pomegraph which a number of his employees were then exposcdto); he exhibited favoritism towards bathh-- by allowing them extended time errand grossly overpaying them in relation to elr official dutle he required _to act in a way befitting a personal secretary; and he engaged in sexual relationships with at least two o_s peers. Consequently, employees in the Katze Lab expressed feelings conveying that normal rules did not apply to Dr. Katze, that he was able to act in any way that he wanted, and that they were, as a result, powerless. 3 AsianrAmerlean. '5 black, 3' A ieildl at 74, a text message from Katze ".is a cuntr" 34 too, expressed herself crassly and profanely, but 1 do not find her own coarse speech sufficient to mitigate the oppressive and threatening environment Dr, Katze created. First, Dr. Katze supervised every employee and was wholly responsible for the lab. Second, he led by example with this type of inappropriate and unprofessional communication. Third, and most significantly, Dr. and Dr. Kane alone had the power in the lab, as he had the ability to terminate employees, change their assignments, move their offices, grant or deny them time ofl, approve or deny pay raises, etc. In short, the Katze Lab environment was "illtirllidating, hostile, and offensiveH in the general sense of those words even without Dr. Katze's unwelcome conduct and sexual comments toward The introduction of the unwelcome conduct and sexual continents toward nto the already toxic and eppresswe environment of his creation make a plain ease for his violation of Executive Order 31. 5 ufficient evidence to conclude that Dr. Kalle exposed himself to or engaged in additional unwelcome sexual touching a. Dr. Katze did not expose himselfto-- on Jul 20 2015 A preponderance ofevidence does not suppor_'s claim that Dr. Katze exposed himself to her on Monday, July 20, 2015. in fact, the evidence supports the conclusion that nanufaetured this allegation, It is undisputed that Dr. Katze, in July 2015, criticized '5 work performance in a way that was unusual for him; altered her work schedule by requiring her to work on Fridays when he had previously not required her to; issued to her a letter of Expectation when he had never issued such letter to any employee; moved her office; and told her he assumed she was not returning to work and that he intended to hire a temp employee. Text messa es and email correspondence from July 2015 demonstrate that both Dr. Katze and *amibuted these actions to Dr. KatVe's anger at hccause ofan armtment that he and [ad on Friday, July 17, 2015. Relevant to my conclusion that Dr. Katze did not expose himself to - on July 20 are these factors: - The only that the exposure could have occurred, according to accounts ofit given by is in a 4 minute, 31 second window in which--would have had to shut down her computer, pack it into its sleeve and into her gather the rest of her things, leave her office, put her things outside of Dr, Katze's cthce, enter and cak to him and listen to him complain that nobody loved him and complain about i, watch him put his hands in his pants and then remove his penis, leave the office by getting around him although he was in the way of the door, pick up her things, walk the two flights downstairs into the garage, and reach her 111 the parking garage; in the time it took--to leave his office and walk downstairs to her he would have had to have opencd an earlier email from _(wilh a attachment), read through it, copy and paste two sections from into the email in addition to his short comments, and send the email. Appendix A at 99-100, '55 - Multiple text and email messages from _to her confidan_ on July 20 and July 21 attributed Dr. Katze's actions not to retaliation for her alle ed refusal to perform oral sex on Dr. Katze, but to Dr. Katze's anger atfl's statements to Dr. K3123 on July 17. Appendix A at 100-02; - Text and ema' in Dr. Katze also attributed his anger at - to his alignment wi previous Ffidny. Appendix A at 112, 123; . text to _in which she stated "for that email lg her performanee and informing her that she no longer may have r'n'days off] it has now eost him a siek day will not be at work tomoirovashe had told me that she took the siek day offbeeause she was upset by him exposing himselfto her. Appendix A at 100; - Text messages from preceding the alleged exposure, ineludin one sent twenty minutes before she claims that it happened, in whieh she said h] is ohm take it to the limit and I'm gonna help her. i" and a text message from her to three days earlier in whieh she said, "1 don't eare what he thinks or anyone says, I'm challenging him, I'm not got walk with my tails between my legs like the jews did in I'm done with his shit, I one see why the German tried to get rid of them all." Appendix A at 91-99; . Terr messages and email oorrespondenee from in the days alter July 20, whieh do not appear consistent with her elaim to me la went home that afiemuun, melted down, and told her husband who reportedly wanted to kill Dr. Katze. See, ag, Appendix A at 100-13, although Appendix A does not eontairi the entire extent of text messages and emails I reviewed; - 'l'ext messages fron- in the days atter July 20 in whieh she said things like "Yup I'm eheeking out i have been baeked into a eorner and I have to think about my husband and his need [or rnedieai benefits, and it so obvious that MGK is plotting to get rid ofme weather it's a straign up fire or lay off its going down today or tomorrow, that why 1 now have no choice, but to run now, right wrong no matter he is being a eewardly bitch and I'm not sueking his dick anymore. and "her playing right in to my hand two weeks ago he wanted to give me a raise, he wanted eoke, prostitutes, pills, weed Have all in texts and he's worried about my spelling He's done put a fork in him." Appendix A at 103, 1 lo. - Her evasiveness and inability to explain to me, when interviewed her, what her email to eant when the email plainly indicates that she attributed Dr. Kalzc's nations the alter-noon of July 20 to his anger over the tight with _on July 17 - l-ler failure to tell anyone about the alleged exposure until July 23, ieh was the day alter she beeame eonvineed Dr. Kalle was going to fire her, although she did tell several people about other alleged, less senous incidents of sexual harassment, tier failure to provide certain information that would have eorroborated her elaims when it should have been a simple matter to provide this in ronnation;37 and '7 Spe on October attorney forwarded to me a naked "selfie" procure ofDr. Katze that he told me had eorne from _s phone. I asked several times for a screenshot or other information that eould assist me in van in how it was that the photo had been transmitted to . Despite these rrpeated reputafiprovided if she was able to send it to her attorney from her phone, it should have been trivial to provide a sereenshot showing the message or email in whieh she originally reeaivod the photograph. whenl spoke to her attorney almut several weeks later, he told 36 Other evidence suggesting dishonesty, such as text exchanges from which i inferred that she was willing to make a false claim for unemployment, falsify information in an insurance claim, and falsely claim that she was ill and unable to work when she was not in fact ill. b. There is insufficient evidenee to conclude that Dr. Kutze exuosed himself to --31 any other time or that aside from what has been SEQifiQelLlY mentioned in this reumt that he touched her in unwelcome we 5 at an other time I a to conclude by a preponderance ofthe evidence that Dr. Katze exposed himself to an other occasion or that he touched her in unwelcome ways except for what is set out above brought these allegations forward on October 2, 2015, only minutes after I had r-essc er to explain some details of the July 20 allegation that called it into question. Because had difficulty providing much specific information about the dates of the other incidents, how frequently they may have occurred, and other details that would have helped aid in their assessment, these allegations rested almost entirely ot-s credibility. She did offer some information that I was able to evaluate, For instance, she estimated that Dr. Katze exposed himself to her approximately five times, and that the first occurred some time after a work trip to Boston and some time before a work trip to San Francisco. She also said that one of the episodes oecunred in the Rosen Laboratory's STRIDE conference room several occurred in his office, and one occurred in his hotel room on the San hiancisco trip." added that Dr. IQtze also legularly touched her buttocks and breasts, and that on one occasion he pulled her down onto his sofa in his office, hugged her, and cupped her breasts. According to_ because she found these events Wessful, they coincided with her app ication within the University to other Jobs applied for approximately ninety University yobs between the time she started work at the Katzc Lab in 2010 and August 2015." See Exhibit 14. These occurred in three main time periods. First, applied for more than thirty 'obs between March 11 and March 15, 2013, Second, she applied for fourteen on July 2, 2013 tird. she applied for approximately fortyefive jobs between March 21, 2015 and August 3, 2015, with the bulk of those occur-ring between March 21 and A n1 10. assumed that if Dr. Katzc had any inappropriate sexual contact (or exposure) wi_ as recently as March 21, 2015, that she would have been able to recall this. Moreover, the March 21 a inconect when he told me it was on her phone; it had come from her computer. was unable to provide the method oftransn on to her computer and her attorney offered no explanation why she wWo so Finally, that third--pairy service that had preserved and provide reports on MacBeok Pro to seaich for the image on her hard drive. They wele unable to find it 33_aceompanieil and Dr, Katze on this trip and --had no nfaily information that would lend to coiroborate_s claim that Dr. Imtze had exposed himself to her during the trio. *9 in her University email aceountfihad a folder relating to Job applicationsiifshe applied to many jobs outside of the University, i not use this email folder (or any other as far as 1 could tell) for thatptupuse, 37 April 10 period corresponds exactly with the time per durin whioli_ and Dr. Katze had a falling out over whether she would take over '5 responsibilities in the lab, and thus her Job applications during this time seem unlikely to have been triggered by previously undisclosed inappropriate sexual conduct by Dr. Katze, _rirst mentioned the additional, undisclosed allegations of imiropcr sexual conduct aner inquired about a March 12, 2013 email from Dr. Katze to that said simply, "Sorry about yesterday." Appendix A at 35. She speculated that this may have been the date on which Dr. Katze hugged her, pulled her onto his sofa, and cupped her breasts from behind. When 1 reviewed email records for that date, 1 discovered that eleven minutes before Dr. Katze sent the email to --, he sent a similar email to her male coworker, which said in part, "Sorry about yesterday--the combination ofa bad back and a migraine just did me in," Appendix A at 35. Only a few days earlier, Dr. Katzc emailed the entire lab about the lab's faillu'e to renew a sigrnrieant grant, telling his employees, "the current funding climate is both hostile and uncertain, Scientists are losing their funding and closing their labs." Appendix A at 33--34. Thus, '5 spate of several dozen Job applications during this time and the ambiguous "Sony about yesterday" email (which was substantially similar to an email sent only minutes earlier to a male coworker) appear to be much more likely to be related to the stress orthe lab losing a grant than to any serious sexual haiassment episode. Although this information does not allow me to nile out such an incident, I do not find that_ comments that she applied ror jobs as a sexual harassment, in this instance, corroborate her allegations. A review or $3 email and text records for the peiiorl or February lleApl--l'l ll, 2013, did also not yie any corroboration. the last remaining group ofapplicationsw 14 on July 2, 2013ilikewise do not corroborate her allegations. Again, the circumstances ofthar time period provide an alternate, more la iblc explanation that account for the job application activity. In June 2013, Dr, Katae an-- had a tailing out relating to Dr. Katzc's perception tha_ was unnecessari inserting a decision about reallocating iPhorleS to Katzc Lab personnel. This prompted a terse email exchange with in which Dr. Katze told "Do not fucking ask- What is une Appendix A at 41 The following day, Dr, [(3116 directed lab members to "not mail or anything" and directed to not email anyone in the Lab. He then left Seattle for Paris, and while Dr. Katze was in Europe on July 2, _sent the following text to an unknown person: Morning Bub do rue a (over in provide you with the tutor rlrat bitch not only is she making 75k a year 5k more than me, but she is taking over my Job in lab all eta sudden. MGK doesn-t want me donig anything and I'm being kept out orthe loop. Can you call Ashtotd Colle and see its-lie received her bachelor's degree i sales marketing in 20041 ller full name is' [Social Security Number]. Thanks, in bringing that bitch down". Appendix A at 4041. That day_ applied for 14 jobs via UW Hires. A review ofF's available email and text message records from the period of June 2 to August 2, 2013, not yield additional information that tended to corroborate her claim that her periods of job application coincided with episodes of egregious sexual harassment. SR When I scamth for eon'obomtlon in areas where I expected I lni found intimation that suggested other, plausible explanations for dissatisfaction, 1 could not find that a preponderance of evidence supporte allegations of exposure and unwanted touching. Additionally, some text message sent in July 20l5 do not appear consistent with her claims ofmultiple incidents crexposurc. For instance, in July 23 text messages to a colleague she said: it's totally sick, l7yrs at uw andl all 1 can say is i don't know what to say who'd a thunk it, I mean. he's made stlitemenls like lets go get a motel on aurora and shit like that whicth be like hell no; a iew times he was drunk and tried to kiss me Just pushed him away, but its shit like this and him telling me all the time how 1 should dress makes senses he's a predator. . Appendix A at 18-19. _s use of"1 and "Who'd a thunk, I mean, he's made is inconsistent with her later contentions that DI. Katze had exposed himself numerous Limes over four or five years because they imply that she belicvcd him incapable of diet behavior. While it senable for her to not have previously complained, and I would not have expected Wm necessarily have told that coworker that this was not the first time, I do not believe would have saidimore than that clearly implied this behavior had never happened before. Additionally, it is difficult to reconcile the multiple nature of such serious allegations With --s earlier repeated attempts to set Dr. Katze up with her friends and acquaintances. Why, if DL ltatre had been exposing himself toher and frequently touching her breasts and buttocks, would she encourage her friends to date him? While it is that she could do this, it seems unlikely. in short, these allegations rested solely cn_s reeountin ofthem, and thus on her credibility. resolved these credibility determinations in the absence of any corroboration and because of the concerns set out above. ti. There is insufficient evidence to conclude that Dr. Katzc's use of_to perform his personal, non-University tasks violated Executive Order 31 I also considered whether Dr. Katze's extensive usc Of_l0 perform none University tasks"l7 vlulsted Executive Order 31 by discriminating against her on the basis of her- ded that it did not. There is insufficient evidence to conclude that Dr. Katzc treated differently on the basis of sex eat least two of her male coworkers reported that in. Katze also utilized the to perform personal scrviecs (these were primarily services at an nature). While _appears to have performed substantially more no 'vc work for Dr. Katze than other employees, it is logical that this is more attributable to role as Dr. Katze's principal administrative support person than to her sex. Additionally, 1 am unable '0 See Appendix A winch provides examples or the types of personal tasks - performed. 39 position. Finally, I did not make any determination whether Dr. Katze'o use or tor non-University work violated any particular policies other than Executive Order 31, although, again, it is the type of"unacceptable or inappropfiate" conduct that, while not "ris[ing] to the level of unlawful discrimination, harassment, or retaliation," is nevertheless appropriate for "discipline. .nr corrective action." Exhibit 1. to conclude that the use of for noneUnive it work constituted any type of adverse employment action against In fact, i was vcry highli iaid for her insumcient evidence to conclude that Dr.- Katze's treatment oi- during the week of July 20, 2015, violated Executive Order 31 as either sex discrimination or relalialinn 7. There Waller Dr. Katze's actions of the week of July 20, 20157sendilig critical emails to sending her a Letter of Expectations as a likely prelude to termination," and reassigning her otficc within the lab%onstituted either sex discrimination or retaliation. concluded that they did not,"2 My ractnal determination is that these actions were ate work reasonsithey would not have happened but for Dr. Kalze's argument with on July l7 As set out in more detail above Dr. Katze's reaction to comments by brought to a heada festering resentment _n (1 been harboring towards Dr. Katze. When he criticized her work rather unkindly, to be fail in a series of email messages during the ahernoon of July 20 _aallcd out sick the next da . This frustrated Dr. Katze further, and when, after her return to work on July 22, "refused to res end to Dr. Kalfi emails, he initiated discussion with Minobiology ministrator to terminate - and that aflcmoon he reassigned her to another office. rd not engage in any protectcd activity" until later in the week, so Dr. Katzc's actions predating her protected activit aliatory within the meaning of Executive Order 31, Nor were the actions based :eximy conclusion is that Dr. Kalze would have taken similar actions re ardless of sexehis actions uence ofthe argumentreraawin on subsequent murmurs ofihc mation). 1 considered whether the actions against ould have been based on a sex, but I could not find legal support for this theory of discrimination liability.M These actions are, hovvever, type of "unacceptable or inappropriate" conduct that, whilc not "rislingl to the level of unlawful discrimination, harassment, or retaliation," is nevertheless appropriate for "discipline. ,.or corrective action." Exhibit 1. As oithe writing oftltis mcmorandurn,_ is still employed by the "2 Nor were they quid quu pro sexual harassmen my determination that _s allegation of the July 20 exposure incident was utio-uth rul forecluscs this possibility. "3 Executive Order 31 prohibits retaliation against those who "reportU concerns regarding discrimination or harassment, or who eoopetatel with or participaten in any investigation olallegations otdiseriinination, harassment, or retaliation." Exhibit 1, 4' Moreover, Executive Order contemplates that harassment must be "conduct directed at a person because - As harassment a suhset of discrimination, it would stand to reason that hxccutive Order 31 would also rcouire that dis iinination be "because of Ike person '3 sex Exhibit l. 40 1 a preponderance of evidence supports the conclusion that Dr. Katze sexually D. FINDINGS harassed in violation of Executive Order 31 by engaging in a quid pro quo relationship with her. peer lcally, her acquiescence to Dr. Katze's sexual advances, including touching his penis and performing oral sex on him, and her submission to the receipt of extensive and crude sexual comments, was an implicit condition of her employment. 1. Dr, Katzc's actions were unwelcome The first or two central issues is Whether Dr. Kane's actions were unwelcome Reviewing the voluminous email and text correspondence between Dr. Katze and-reveals several themes. First, there is a substantial divergence between the way that _communleated to Dr. Katze and her contemporaneous communications to others about Dr. Katzo. Contemporaneous communications to others indicate disgust with Dr. Kalze's sexual communications and advances and her general personal dislike for him. On the other hand, considered that while a ninnber of communications between the two address the inherent and substantial power imbalance between Dr. Katze and-nd suggest that--xpressed on a number ofoccasions discomfort with the arrangement, their conimunica ions are predominated by mundane sim 1e, loving expressions. Second, Dr, Katze initiated all sexual communications. Third, 's text and email messages corroborate her statements to me that she treated her relationship with Dr. Katze as ifit were part ofher job and that she feared losing her job ifshe upset him. All of these things notwithstanding, knew some of what she Was getting into when she accepted a job at the Katze 12b: 5 a een dating him for nearly a year prior to beginning her Universit em lo nent. It is therefore Significant that the level of sexual contact between Dr. Katze and "changed in ways from 2012, at the beginning olhcr employment, to 201 5. a. Not only did Dr. Katzc initiate all sexual comments and conduct but she did not reciprocate her resnonses mung from nouoommittal to expressions of distaste like "eww "barf" 'yukc and "gross" Dr. Katze does not me that he initiated all sexual contact and communications. When I asked him whether initiated oral sex with him, he responded, "Hell no!" and explained how he asked her to "do more," and said that alter a few years she would sometimes rub his penis, which he said was "less threatening" than her sucking it. He likewise confirmed that she never initiated sexually explicit texts or emails, While on one hand he claimed that she never directly said, "don't send them," he acknowledged that she may occasionally have said something like "these make me uncomfonable, don't send these." not only did not initiate sexual comments and conduct with Dr. Katzc, she failed to reciprocate rem. For instance, she did not take her clothes off around Dr. Katze (andin some cases, when they traveled together she dressed in sweatpants, socks, and a hoodie and slept as far away from him on the bed as possible, something they hoth volunteered to me in their respeotrvc interviews). Nor would she permit to perform oral sex on her. And the fact that she declined 41 to have sex with him, was, according to-- a major i us In their relationship. Dr, Katze attributed this to his belief that she had been abused think she's frigid, or something," he said in his interview) in previous relationships. '5 lack of reciprocity is also evident in the record of their text and email ccmmurncatrens, which reveal a attem of exclusive initiation by Dr. Katzc and predominantly two types of responses from *either "hahz" or "101" or similar expressions, or words like "eww," "gross "barf," or "puke." See, eg, Exhibit ll. Regarding the responses such as that Dr. Katze insisted that she quickly respond to his emails and text messages and would become more demanding when he did not." in this light, quick responses like "haba" or "101" can be reconciled with her statements during the investigation that she did not like these communications from Dr. Katze: responses like "ham" or "101" are minimally responsive acknowledgements that the messages have been received that do not engage with the sexual aspect of the messages themselves, This makes sense when paired with the record demonstrating thatEunifurmly failed to tiate similar messages herself or respond in kind with equally sex or crude replies. lf_had actually welcomed these types of messages, it is more likely that she at some point would have initiated similar messages, or at least would have responded in kind. Similarly, responses like "gross," "puke," and "barf' rall short of directly telling Dr. Katzc that she did not want to receive the messages, but they are hardly evidence ofwelecmeness. in any case, the test is not whether objected; Executive Order 31 requires only that the conduct he unwelcome"6 to recipient not that the subject be aware that the recipient finds it so." It is therefore not necessary th' nia communicate to Dr, Kama her discomfort with the conduct or messages an in actmdid occasionally communicate her displeasure, inter-actions which 3110 contends resulted In her feeling that her job was at risk; this is discussed in more detail below), b. - activer avoided spendin time with Dr. Katzc--she did not invite him to her home sleep over at his residence introduce him to her family see him on holida or end time with him outside the workda Further evidencing die unwelcome nature of Dr. Katze's sexual conduct and communication is the fact mat-compartmentalized her life in a way that mostly limited her time with Dr. Katzc to the workday. lf-round Dr. Katze's attention welcome, one 4= Other people I interviewed made similar comments about Dr. Katze's expectation that his communications be swinly acknowledged and responded to. 4" interpret Executive Ordev it as requiring that the conduct must he both objectively and sumoetively unwelcome eit must he conduct that a reasonable woman would find unwelcome and conduct that the recipient in tact considers unwelcome '7 A recipient's lack of complaint is, however, considered in determining whether the is in fact unwelcome. lnthis instancelhave determined forthereasenslhavc torthinthisrepenthattheeonduct is unwelcome despite the absence of unambiguous requests by-for Dr. Kalzc to put an end to the conduct. 42 would expect her to more willingly spend time with him outside olwork," to invite him to her home, to introduce him to her family, to occasionally see him on holidays, etc, She did none of these things. In fact, she stated that she lied to Dr. Katze to avoid spending time with him, something a review of her text messages corroborates. Sec, Appendix A at 18, 56-57, 86. Also, contemporaneous messages to her friends and peers demonstrate that she did not desire to spend time with Dr. Katze, S22, Appendix A at 24, 26-7, 29-30, 32, 53, 55, 57-59, 61, 75-76, 78, Si This tends to corroborate that she likewise did not find his sexual advances Welcome: it follows that if she did not like him enough to want to spend her outside of work time with him then she did not like him enough to desire sexual advances and communications from him. c. -'s contemporaneous with her friends are consistent witlighegr representations thut she did not desire sexual contact or communication with Dr. Katze communications with her friends corroborate the unwelcomeness of DixKatze advances and comments in three important ways. First, her many statements evidencing her distaste and contempt for Dr. Katze are generally consistent with her representations that she did not welcome his sexual advances. For example, she referred to him using the contemptuous nickname "Burns" after Montgomery Burns, an elderly, villainous cartoon character fi'om die television show 1/112 Simpsanx: February 5, zeta-text message to coworker: Burns is gone tomorrow'! Yoy May 12, 2015, -text to rnend. Burns is so ttuinb.. .So he originally asked me to long with him on Friday. Now he's like you can stay home ifyau Want but then you shouldn't [like Friday ctr. Appendix A at 30,76. See also Appendix A at 23,29, 31--32, 5153,7178. Second, in some circumstances she explicitlytoldher friends that she did not want or desire sexual contact with him, like in this February 6, 2013 text exchange with a friend: Friend. What doing iu Dubai Work. ..Huge conference - Plus, playtime and shopping! !l nen Bring me let - Conteltl z! ho going with? You can always come on my trip with mel! My boss! Ugh go to Bali with :Lol urliossloves Frien when doing Bali l've been dying to go with someone! No one can aircrd it He does! Lot: Gross ldlt. .Anytimc if you go with moi? 4" An cxoeption to time spent outside of work was when th ld travel together, something that Dr. Katze described as being more and more rare ilfier started work in his laboratory. in her interview that she tried to avotd traveling with Dr. Katze, going, so far as to falsely clsim she missed or that her children were siclc 43 Friend: Well make sure it chal ge him lol It's about $1200 a ,.Ccuch Idol! Lol I'll get a few g's . know my Wiy around and i|'s beautiful" Spent 3 weeks than and you'd love it!" Wa'd be famous therev L01 Frlen Are serious he gives a row grand just to him lol ..Thal's nwesorne dude Dnde. what's ow me is that have never touched hind Never Lol Friend: How long going to Bali for. . how long ofn night is it . What are \l Sal-inns don't even gt) to much lo! wanna go fol KHZ days, ltalax and do nothing Direct flight from here to Taiwan-l think 12 andTniwan to llaan hrs, Weoould play Eccw . No! Never touched him, 1 just hang with him and shop! Appendix A at 30. There is also some record of- making contemporaneous staternents ofhel disgust with his sexual comments to her. For examplc, from January 3, 2013; Oh wow. lie just called trying to net But he's drunk! 01 threw up a little from hie coinnrentv Ughh grossl Coworker: About what7 The women traveling? Hold on while i stop asked hint "what's up7" He says, my slclel! I'm creepedt Cowor er Ew, ,ust ew ,he lort It's just and on so many Appendix A at 2445. Third, because- rcciprocated or initiated sexual contact other men the marked in her behavior with Dr. Katze stron corroborates the unwelcorneness of Dr. Katzc's advances. Dr. Katze has attnhuted -gl tailui-e to initiate or reciprocate sexual contact and comments with him to his belief that she has suffered sexual abuse in the past.49 '5 ations with people other than Dr. Katze indicates that it was only Dr. Kalzc om not initiate or reciprocate sexual contact. See, ag, Appendix A at 23, 54, 57-53, 60451. whether or not this is true, th is la belle!" heen proactive in allowing Katze to malntam. Sec, Appendix A 77. - state in er interview that she allowed Dr. Kaine to helieve this hecause it made it easier ror her In ichise sexuer contact with him, 44 d. A different employee who hadlzeen in a sexual relationship with Dr. Katze described herself as being harassed bv him and stated that there were umes she did not Want sexual calitactrwith him but had it away Also providing some corroboration for-s claims are statements made to me during the interview ofa former Katze Lab employee who had been in a sexual relationship with Dr. Katze while she was in his employ." This employee told me that she had considered rrling her own complaint about Dr. Katze for harassment, and she also told me that her relationship with Dr. Katzc was unequal because the power was with him and that she felt that there were some times in her relationship where she telt she had no choice to do what Dr. Katze wanted because her job was at risk. This included sexual contact with him. On some occasions, Dr. Katee had told her that he could fire her, that she would have to go back to the trailer park where she grew up," and that she would never get a fucking job again. According to this former employee, with Dr. 14am there was an element of not crossing him because you could be firediwhen he's done with you, he's done. Later, this fan-net employee told me that she would prefer that the University not investigate the particular circumstances ofher situationeshe estimated the sexual component of her relationship with Dr. Katze ended approximately in 2009. Beeaus - ntions were not hilly investigated, the value of her statements to corroborate those "We less than ifa complete investigation had been performed. Nevertheless, her statements do corroborative weigh it is simply more likely that Dr. Katze was in a quid pro quo sexual relationship with _f a previous employee has described her sexual relationship with him as one in which she had unwanted sexual contact. e. The level nfsexllal contth between Dr. Katze and-hanged between the time she accepted emplomeut in 2012 and the )l'esent unwelcomeness beeausc the nature oithe sexual contact between Dr. Katzc and changed significantly between September 2012, when - began employment, and May 2015, the likely end to sexual contact between-and Dr. Katze. in September 2012, the two had little to no sexual contact. she had neither touched his penis nor performed oral sex on him; she dressed up in a sweatshirt and sweat pants and slept on the opposite edge orthe bed on the occasions when they shared the same hotel bed. As recently as February 2013, she commented to a friend that she had never even touched him. By 2015, however, the situation was much dihercnt. she had by this point touched his penis (according to Dr. Katze, it took her a few years betore she did this), and sometime in 2014 she began to pctfol'm oral sex on him, something she did perhaps four to five times until May 2015. 1 considered whether a reasonable woman would consider Dr. Katzc's advances unwelcome. Arguably, even a reasonable woman who did not desire sexual contact with Dr. Katze may not have considered some of Dr. Katze's advances to be unwelcome because they occurred 5" In his interview, Dr. Katze continued that he had had sexual contact with this former employee. 51-told me Dr. Katze had made sirmlar comments to her. 45 within the confines ofwhat he believed to be a romantic relationship. It is clear from text and email exchanges with Dr, Katze that sh nicated with him in ways designed to make him believe that she loved him. This wasm'playing the roleNovember 20l4 text message to Appendix A at 54. It is, therefore, significant that the gravity of the sexual contact between the two of them changed during the course ofher employment, llad the level of sexual contact between them been the same, a reasonable woman would have been less likely to find the advances objectionable or offensive, since they would have been in line with what she was already used to within the relationship. But in this case, at the time of her hire by Dr. Katzc, was in no way accustomed to touching Dr. Katzc's penis or performing oral sex on him he in fact did not want to do these things, and she had consistently refused sexual activity with him. Dr. Katze was insistent, but it was not until after she became his employee that he succeeded in finally persuading her to engage in this type of sexual activity. f. Btu-in instances in which did perform oral sex on Dr. Katze it was bargained for and in cxehang mg Also corroborating the unwelcome nature of Dr. Katze's sexual advances was the a1 nature of the sexual encounters that they did have. According to both Dr. Katze and Many time she did perform oral sex on him it was always in ex something like moncyy Vacation and time off, or shoes. They also both agreed that it waflwho suggested the idea of the exchange." willingness to perform oral sex on r. ze only when she received some form of compensation combined with Dr. Katzo's persistence in escalating the sexual aspect of their relationship and his acknowledgement that she never once initiated sexual contact with him corroborates that it was unwelcome Performing oral sex only in those circumstances is more consistent with the contact being unwelcome than it is with it being welcome. g. The lar amount crpower Dr. Katzc wielded over--combined with the amount ofmone that he aid her account for wh she to erated his behavior Like many people in the Kettle Lab-feared losing her job. A number ofwitnesses reported that they felt their jobs were constantly at risk, and that Dr. Katze threatened to fire peopleiaud acted on it. sometimes, was even asked to carry out terminations:53 February 16, 2013 text message to a fnend: Yea, total crisis. I'm gonna l'mve to lay off 3 scientists on Tuesday '7 0n the other hand, text message communications predating September 2014 indicate that this was something that Dr. Katze had suggested himself, possibly in a poking manner. See Appendix A at 52; Exhibit 20. '3 Dr. Katze frequently delegated this task to his administrative employees. -- and two former Katze Lao employees told me similar things in their respective interviews. result. people in administrative positions, likc-, were the most aware of anyone in the Lab of his tendency to terminate employees. 45 Appendix A at 32. Thi concern for the seeun'ty ofherjnb hogan even before she began working. an August 13, 2012,_texted Dr. Katze: The simple raet that you would cancel the meeting had with mac [lo discuss her impending employmentl with rose out oisnger wrong. Ifthot's the wny you will he ifthings don't work out between us seares me. At this exact moment I'm questioning my every move. I'm sure you eon understand since have 3 kids I'm responsible for. have to nuw tithings dun't work between us, what situation arnl in? Appendix A at ll. It became evident again Within a few months of starting. On Febmary 4, 2013, she exchanged text messages With a coworker: Dude, seriously . There's nothing rational about him its has been odd with me today Me too. . He just went on and on about how dirtieult lus lite is and that no one enres nbout him He's also freaking out I'm not going on his trips. He keeps telling that he's going to myite someone else and mm not good for Appendix A a! 29, On November 20, 2014' she bexted Dr. Katze about a conversation she had with her counselor about dating other man: When he me how it would ehonge things us in did that. .l worry that you won't want to be my friend I worry that you Won't want to be Hi my his, [worry that] won't have my lab. Appendix A at 53. Two hours later, she texled _sbout the situation: you can't believe he says Yus lnke luin- [refetring to another woman Dr. xotze sometimes dated] so the drama rind torture he puts everyone through we ean back to normality iusmad ofliving in this hell, . Right'll'} 1 only stay because I've got these kids to take aim: ofond I couldn't do all this alone working a real Job lel. Believe me I understand because I've got a husband on tlisalnlity and if he though or even eaught of seeking other employment we'd be terminntediust like he's done to everyone Yep! That's always lippy toe around ..ONLY because of the job forever got your back and I know you have minc'!' Appendix A at 54, These exehnnges are eonsistent with _s statements during her interview where she explained that Dr. Katzc threatened her Job over the course of their relationship by saying things like don '1 think we Can work together anymore" or "Maybe you should find another ioh." Sometimes Dr. Katze attempted to reassure her thet her job was safe. Unfortunately, the fact that 47 he felt it nocessar to make such assurances only underscores the significant amount of power he had over and his realization that she feared for her Job security,54 in addition to -'s salary, which was high for the amount of work she performed, Dr. Katze paid her in cash and gifis. When I asked Dr. Katze ifhc could put within $5,000 the amount ofmoncy he had given to _in gitis just over the preceding year, he did not answer the question directly, but explained that he transferred $500 to $1,000 directly into her checking account, that ho aid for unexpected hills when they arose (windshield repair, water, etc.) and that he sent and her family on vacation to Hawaii in July 2015 atter her traffic accident. University email records 1 reviewed show what must be thousands of dollars in gifis to ordered through Amazon and other online retailers. Consequently, "was com leteiy financially dependent upon Dr. Katze. It would have been likely impossi or who had appeared to have little meaningful work experience prior to her hiring at the Katze Lab, to find a comparable salary, Even if she could have found a job paying more than $35,000 annually, she would not likely have been able to find a position that required her to work as little as she did and allowed her to take as much time offas she did, There is also the matter of the additional thousands of dollars a year in direct cash payments and gitts from Dr. Katze. Dr. Katze was not even aware of how much she worked, although he was her direct supervisor, He did acknowledge that she was "not famous for her attendance" and told me that she did not want to leave the htze Lab because she would never find another job at the University with that amount of flexibility. 1 considered also -s failure to complain about his behaviors, and for the reasons explained in Section Nadia), supra, 1 do not find her failure to complain as persuasive evidence that she found his comments and actions welcome Nor do 1 iind it si ficant that she, unlike did not proactively come to After she knew that had filed a complaint she anticipated that a University investigator would speak with her. When she and 1 met in September, we discussed that she had the option oftequesting an internal investigation with if she wanted to, although it was likely given the information that 1 had already learned '4 0n the other hand. I evaluatod statements suggcsun_eonsidered her 10b secure. This was in two First, she made statements to Dr. Katze in which she implied she believed she would not lose her job My determination is that her true belief was the one that she expressed to other people and at times to himithat she did in fact fear that he would end her employment if he hecomc unhappy with her. This accounts for why she did not unequivocally end things with him even though she did not desire him romantically or sexually. Also, it is reasonable that an employee in her position would tell her supervisor what she thought he wanted to hear in order to keep the peace, and the fact that quite a few times she indicated a concern for her position coupled with Dr. Katae's multiple attempts to reassure her that it was actually safe suggest that any statements iinplyin that she felther job was secure can be thus reconciled with her many statements to the contrary. Second, made a few comments to friends along the lines of have job security, no one can do what I do," which are consistent with her job security being conditioned upon her relationship status To the extent her comments reflect her belief that ho job was secure only as long as she remained in a relationship with Dr. Katze, they support the pmposition that acquiescence to sexual contact with him was an implicit condition of her employment, 48 that the University would initiate an institutional investigation in any case. Eventually, the University did initiate an institutional investigation. For the reasons enumerated above, remained in the Lab, tolerated hi sexual advances and crude sexual comments, endured his sometimes controlling behaviors, and eventually performed oral sex on him: because if she did not, she believed that like so many other people she would be immediately and unceremoniously terminated. As another former employee put it, the Katzc Lab was an environment where "if you crossed" Dr. Katze you were fired, and "when he was done with you, he was done with you." 11. Dr persisted in his advances desgite some indications of disogmfort or mm- There were tunes that -either told Dr. sze that she did not like his advances er enrde sexuai texts or emails or somehow otherwise conveyed her discomfort to him. Dr. Katze explained in his interview that while she never directly said "don't send these," she may have oeeasionall aid things like "these make me uncomfortable don't send them." This is consistent with is statements to me explaining that she rarely directly confronted Dr. Katze because she did not want to risk upsetting him and because she feared for her job security. If- hadn't expressed discomfort, then Dr. Katae would have had no reason in send emails or texts in which he said things like: Febniary 7, 2015 email. Did you not come over because you thoughti would demand my 10 irunuie (for the shues'l). 1 hope that IS not the case consciously (or subconsciously). I will nevex force you to do anything against your will. Appendix A at 59. responses to his unsolicited sexual emails and texts went beyond gross," "puke," or "half." For example: Some of expressions like "eww, June 19, 2014 Dr. Kalze text to Check and see ifyonr sin-ink us a boner when you discuss mouth s. h: 'l'hat-ssrek. Appendix A at so. 2. Submission to Dr. Kntze's unwelcome actions was an implicit condition of - -employment Neither Dr. Katze nor--asserted that Dr. Katze explicitly she must date him, reciprocate his sexua comments, or submit to his sexual advances in er to keep her job. Although there are a few eounterexamples, there is not sufficient evidence to conclude that the quid pro quo relationship was based upon an explicit understanding that-aecded to submit to Dr. Katze's actions. There is a preponderance of evidence, however, supporting the ition that 's acquiescence was an implicit condition of her employment. who appeare to have had no meaningful employment experience, was nevertheless hired by and significantly oveipaid by Dr. Katze, who did not manually tolerate 49 from his employees. _did a relatively small amount work while employed by the University. and her statements that she considered being in a ielationship with Dr. Katze as part of her iob are supported by the voluminous record or text and email communications I examined, a. Dr. Katae would not have hired-had be not been datimz her Both Dr. Katze and _(and other witnesses) confirm was hired because she was dating Dr. Katze. This tact is significant because ad no obvious qualifications for the position she ultimately filled and there was not a clear match between the duties that manned and between the duties ortlie erson who Dr. Kdtze tired weeks before hiring (only some of whose functions _ultimately performed). has acknowledged that her resume was altered so that she appeared to be better qualified for the lob. Had she been giraiiried, this would not have been necessary. in short, this was not a situation where .iappened to be highly qualified for the job and happened to be dating Dr, Kane. This was a situation where Di: Katze hired _in spite ofhelr not'being the best candidate,55 and if she had not been dating him, he never would have hired her. The very foundation of her employment was her status as Dr. Katze's girlri-iend. Dr Kalle would not have tolerated '5 Door Dei'folmance or poor attendance had she not been tn a relations 1 With him _s low level orperroi-manco made her unusual among Katze Lab employee Dr. Katze earned a deserved reputation for not tolerating poor performance. Yet performance was nearly universally descnhed as substandard by her colleagues. Dr. Katze, her direct supervisor, did not even knew how a week she worked, although he conceded her attendance was poor. The fact that Mwas not especially proficient in her job is consistent with her statements that she viewed her relationship with Dr. Katzc as work. llad her employment really been about her officially assigned tasks, she wouldn't have been able to maintain her jobfihe would have been fired. Even Dr. Katze's comments ostensibly meant to reassure to the effect or her always having a job foi his lifetime, also corroborate this: job security, because it did not depend on her performance was instead dependent upon her relationship status with him, e. Dr. Katze expected _to use workm hours to spend time with him As Dr. Katzc arid _beth explained in their respective interviews, once became Dr, Katze's employee, the majority oftheir time together was spent during working hours. 55-wzis initially a temporary him, which because of its limited duration was subject to little oveisighi. She was hired permanently in the summer of2013 and I was unable to determine that any other candidates were interviewed or considered. Dr Katz and former Kane lab adminisuanve employee-- nominally interviewed the permanent position. So it Wasn't that there were better candidates {or the position; there were no other candidates for the position because or contemplated mtyone else would till it. h. only _appeared to keep a job in the Kath Lab despite otherwise lackluster- work periortnance DL Kr 5" Beside 50 They did not see each other on weekends and traveled together less frequently. They did, though, to lunch and co tree regularly whenever they were hoth in the othee, and on some Fridays when has scheduled to work from home, Di-. Katze expected her to spend the day with hirn at is apartment, which was within walking distance ofthe Katze Lab. text message correspondenoe contains examples which appear consistent with this: February 1.2013 (Friday) text to coworker: Looks like I have to spend the day with MGK I'm superexeited (insert sarcasm). Febniary l, mu text to Dr. Kaine: The Kai-1c Lah eaiendnr has me listed as orrtodny in males office and sent a mail saying that I'm working remote. This is looking really bad. December 30, 2014 (Tuesday) text from a friend to doth today? - Going to get my nails did with burns ya gotta ang with him or he's gonna kill me May 7, 2015 (Thursday) text from-m a friend: I have to go to this inutha hiekin play with burns Phamom oflhe opera remotieons showing gun to a head] Friend: That sounds terrible i dou't'knuw inerrible is severe enough .Suieidal is a better word [laughing emoticons] Appendix A at 29, 56~57> 75. Additionally- otter. did not come to work when Dr. Katze was not in the ofiice. Many of her coworkers believed, in fact, that she was a part-time employee. 5 frequent absence during times that Dr. Katze was not himselfin the office is also con stent th the notion that actual job was not University work but to he in a relationship with him. Had her priority been University work, her coworkers would not have believed she worked only parttirne, and she would have reliably been at work, even on days when he was not in the office. said that she found Dr. Katee-s attention at work disruptive because he would frequently come into her office or call her into his. I credited -s statements on this, which are consistent with her coworkers' observations that the two appeared to spend a lot of time together. This is also consistent with the text ofan email she sent Dr. Katze in Nevernher 2012: In no way ms 1 blowing you off this morning and was very nice in my response to you via text. rd inst gotten back from being gone and needed to focus on my job. People in the lab were already talking again about how I'm never there. lwant to earn a good ropntation and not seem like I don't care or support the people who need mo. You've told me before that in have work to do. to just say so and 1 did) hot you get pissed. Then you say that you'd fire me irthat were someone else in the lab?57 That's unfit"! When I ray you're always thieatening to tire people, it is true. Appendix A at 20--21. d. Dr. Katze grossl overpaid-forum small ainountofwoi-k As of July 31, 2015, annual selnry was $85,800, 1050., of the University average for the same position and grade. That number is remarkably high considering her short 57 This also supports the proposition that Dr Kane toleiateil nonperrornianee from her as long as she was his girlfriend. 51 tenure at the University and her lack of previous experience. One would expect a relatively inexperienced employee with a tenure or only three years to be toward the bottom of the list, not paid more than average. See Exhibit 21. But most significantly, her salary was extraordinary in light or the work she actually performed; Dr. Katze did not even knew how many hours a work she spent working, and in 201 5 she tcxted a friend claiming she worked only 20 hours a week, an estimate that may well be high. Appendix A at 57. As set out above, many offis coworkers mistakenly believed she was a part-time employee, and they frequently cl me at she was unable to timely pm'fvm'l her purchasing responsibilities. Because her assigned duties were primarily purchasing (and to a lesser extent performing occasional work on conferences and obtaining reimbursements for Dr. Katze's expenditures), it is hard to understand how she could not be timely in performing such a small amount of work. - compensation is not reilectiyc ofher University responsibilities it is, instead, reflective of her status as Dr. Katzc's girlfn'eud. she was not, as a practical matter, being paid to do necessary University work. Had she been so, her salary would have been a fraction ofits actual amount. e. In some cases Dr. Kath cx llcitl conditioned acquiescence to his advances in others he strongly imp 1e 1 Even before - first day in the Katze Lab, Dr, Katze's communications to her revealed his position or economic power and his corresponding expectations of her. For example: Um July 5, 2012 text to-. Let me get this straight my baby. You are about to take ur 5m trip in the sun tomorrow. Essentially all expenses paid. i am working working and working is in meltdown as is Maria Ynu are galiivanting amuud lnyour Guam: and Vuittons, Eating in the finest restaurants and staying beautirul hotels. And i have to ask you for phone calls. Kind or not right my honey. Or am I missing something? Oh yeah paying for all your kids too. Oh yeah and i got you a new job with computer iPhone and WM. Geeze. Whal's wrong with this picture? August in, 2012 text to- 1 still get butterflies whenl see you. My visit bill is 333000. No joke. All time record. Maybe i should pass on friler/botox. .I don't have to have it honey. Plus, 1 have so many other cek!! Dr kaoe: No way. We gonna do it, Section 8 for both of us. Just love me and you Will get the world. And oh yah look good too. No hra today, Augnst 13. 2012 text to- I cancel your meeting [about Katze Lab employment] with- I i3"; (11:13; text to _moments later- Iis being a bitch. cancelled your meeting. i told her i am done. call her and tell her all the uavel is ottas is my job offer. Appendix A at 3, 9, ll. Later during her employment he made some explicit sexual demands oi her: September 24, 2013 text to Can you do me a tiny tat/err I'm needy. Ye. big baby i 52 Dr. Katz Can you send me apic oryourpanh - Dr. Katze: While on yon. DnKatze: prim-Le. [mlss you Miss you too, Cani rest a little and go in afternoch Kavze ch. lfpanry pic, Hrrware girliesv - 1 don't send unilclwear pics Yuk' Appendix A at 46. Then, these two exchanges In 2014: August 24, 2014 Dr. text to - Need you to sign it pcnury smwmem that you love mo and will blow me. Dr. Knize: 1'11 give you the 1005' September 2, 2014 text to Dr. Kutzc: unnl get a payday loan? Lol I miss your crazy buns! Dr. Kntze; properbi gets you 3500' Squirt included. Appendix A at 52' The simplest expression of Dr. Katze's and "s working relationship is that she was employed by him to be hi girlfriend. This accui te escrihes their behavior, and because she was employed to he his girlfriend, it follows that tolerating his sexual odyances and communications was an implicit condition ofher employment. This accounts for why Dr. Katya hired someone who was not pumcularly qualified. permitted her to work only a part--time schedule while paying her a full--time salary, tolerated her lackluster performance, cxpcetcrl her to spend many of her working hours doing non-work activities with him, and made a number of comments and jokes to her suggesting that her employment by him obligated her to return his calls, send him a picttne of her underwear, or perfonn urai sex on him. V. CONCLUSION For the foregoing reasons reasonable causes exist to adjudicate charges that Dru Katze has violated Exccuijva Order 3L 5* Later in the exchan Kach said, "just kidding" yet, this exact/)7 the type ofscxual contact that the two ofthem had i performing oral sex on Dr. Katzc in exchangc for money or gifis 53