.A?ttorn eys at Law mummemm HIBHPIEL K. JEANES Eler?k of the Superior Court Hy Barlene Lopez; Deeuts Date 11/09/2016 Time 16: 30: 45 Hm 51311". BKSEH [Willi-015953 BIUIL MAM 3-19 TUTHL 3.19m Receipt? 25%314 Wilk P. C. 3200 N. Central Avenue, 20th Floor Phoenix- AZ 85012 602-. 248 1000' Krai rJ. Mertonl(003816) lg'm jaburg?willecom Jef?ey A. Silence, (029143) Attorneys for Plaintiff SUPERIOR COURT OF ARIZGNA. COUNTY OF MARICOPA Timothy Slater, CeseNo. DV2016- 013953 Plaintiff, COMPLAINT V. Arizona Board of Regents a le ally established agency and politioa subdivision of the State of Defendant. Plairitiff?oomplains ofDefen?dant.as follows: I. BACKGROUND A. THE PARTIES 1. Plaintiff Dr. Timothy Slater Slater?) is currently a resident of Wyoming. Defendant ArizOna Board of Regents is, and .has been at ?all times material to this Complaint,_ ?a legally established agency and political subdivision of the State of Arizona, ABURG p?a 3. The ABOR. owns, governs, and Operates the public universities of'the State of Arizona pursuant to A.R.S. 15-1601, 15-1625, and 15-1626; this includes the University of Arizona located in Tucson, Arizona (?University?). 4. Venue in this jurisdiction is proper pursuant to A.R.S. 5. In this action, Dr. Slater complains that the University breached his rights of con?dentiality; defamed hirn, placed him in a false light and otherwise violated his rights through the actions described below. R. ER. SLATER IS A DISTINGUISHED PROFESSGR, AUTHOR, AND RESEARCHER. 6. Dr. Slater has a long and distinguished career in astronomy. pus - CD 7. Dr. Slater started his career by being awarded scholarships to attend Attorneys at Law Kansas State University where he earned Bachelor?s degrees in physical science and in science eduCation. L10 8. He then obtained a Master?s degree in Astrophysics at Clemson had University. 9. While at Clemson, he was awarded the College?s Outstanding Gradnate p?n ON Teaching Assistant Award. 10. Dr. Slater earned his at the age of 25 from the University of South 00 Carolina. ?0 11. Dr. Slater was then hired as a Research Assistant Professor of Physics at DJ CD Montana State University. 12. Dr. Slater was then recruited by the University of Arizona to help create a new, innovative degree program for high school science teachers. $.13 13. He was formally hired by University of Arizona as an Associate -h Professor of Astronomy, and he started in that position on August 6, 2001. U1 14. Dr. Slater received tenure from the University in May 2004. OH 2 Attorneys at?Law became the: first person to earn tenure in an Astronomy Department based net on research on stars and galaxies, but instead based. on his reSearCh on how studentsl'earn astronomy and how professors can most effectively teach astronomy. 16. ?Dr, Slater. has been regardedas a pioneer in the ?eld of discipline~based astronomy education and research, having co-written the seminal books on this sub- disCi?pli?e of astronomy. l7. . One important book he wrote is Conducting Astronomy Education Research,W.H. Freeman Publishing, New York). 18. He is well?known for actively translating his research on how students leam astronomy/to profeSSors to help them do a better job teachinggas'tronomy. I 19.. He. is also widely recognized fer helping more Women earn Phil?s in astronomy and astronomy education?ma largely male dominated fieldm? than any other professor in his age group. 20. Dr. Slater?s textbook Investigating Astronomy has been used .by nearly 10,000 College students each year andhis Lecture?Tutbrfalsfor Introductory Astronomy has been used by nearly'25,000 students each year; 21. One of his books for professors on how to teach, Learner?Centered Astronomy Teaching, sits on the shelf: of nearly every astronomy professor in the country,.havihg been printed more than 20,000 times. 22, The sale of these books has provided-income?to Dr; Slater. 23-. The books? widespread use. has resulted "in numerous invitations for Dr. Slater to provide scholarly lectures, reward-banquet keynote talks,? and plenary conference speeches, many of which provide additional income. 24. Dr. Slater worked as an. Associate Professor of' Astronomy at the University of Arizona 25, In 2008, Dr. Slater accepted employment'at the University?of Wyoming. 3 Attorneys at. Law l?ul- i?d H- ABURC inLK 26. The University of Wyoming appointed Dr. Slater as a Full Professor of Secondary Education and Adjunct Full Professor'of Physics. 27. Dr. Slater was also awarded the University of "Wyoming ExcellenCe- in- Higher Education Endowed Chair of Science Education. 28. Dr. Slater?s academic research has, earned him an international reputation- as a the cognitive leaniingsciences. 29. He- has published more than 100 peerhreviewed artiCIes, written and cow written 13, books, and heen awarded nearly $30,000,000 in federal grants and contracts to support his ongoing?work. -30. Dr-. Slater has been asked 'to organize numerous professional scienti?c and education conferences around the world as well as havingbeen elected to multiple? terms of service across a Variety of professional societies. 31. For example, he? was elected twice to serve as the Education Officer of the American Astronomical Society, where he chaired the Astronomy Education Board and Sat on' the AAS Council (AAS Board of Directors). 32. He was elected twice to serve. on the; Board of Directors of the Astronomical Society of the Paci?c and elected to? the positit?m of VicerPresident. 33. Dr; Slater has, also been elected to the Board of Directors of the National Science Teachers Association and the Society of College Science Teachers. 34'. He has s'er-Ved. "as Chair of the Education Liaison Committee of the American Institute of Physics and on national?level education committees for both the American Association of Phys'icsTeachers and the American Physical Society. 35'. Dr. Slater has presented commissioned papers to the National Academy of Science and Served on a blue ribbon committee of the National Research Council and Board on Science Education in- Washington, DC. k1E3 00 ?-41 (33?s Ln 43 U3 Attorneys 'at Law b?i nun-A c2 nv 2094, THE PREPARED A INVESTIGATIVE CONCERNING DRE. SLATER. 36. Sometime in 2004, the Equal Opportunity 'and Af?rmative Action Office at the. University conducted what it called an ?investigatikm? into allegations of sexual harassment and retaliation against Dr, Slater. 37. The University conducted that investigation even though no person had ?led a complaint against Dr. Slater. 38. The results of its investigation were compiled in a ?Investigative Report? prepared by the which is dated March 31, '2005 (?the chorti?). 39. Attached as Exhibit Us a true and acc?rate copy of the Report. 40. In preparing the Report, the University placed the word ?confidential? in alleapital letters, in bold'and italicized typeface at the top of all 38 pages of the Report. 41. The Report states that none of? the alleged. victims ever tiled. a formal, complaint Slater but that ?several individuals? approached ?to discuss sexually charged Conduct they were exPeriencing. in the College of Astronomy, and, Steward Observatory.? '42. The Report states ?that the HOMO interviewed several individuals in ?cross?section levels of authority 'and closeness?'to Dr; Slater to detenninewhe'ther Dr. Slater violated the University?s sexual harassment and antieretaliation policies; (Ex; 1 p. 1). 43. The report fails to identify the witnesses it claims were interviewed. 44. Instead, the Report, refers to Witness A through K, which means the purports to have interviewed at least eleven Witnesses. - 45. The Report then summarizes what it claims e?aCh witness said, and it contains a summary of Dr. Slater?s purported responses to the investigator?s questions. insuf?cient evidence of any retaliation. investigation would?be con?dential. never provided a cdpy of the Report. somqugi-omm ?0 remain confidential. Attorneys at Law p?n THE UNIVERSITY RELEASED THE iABURlettK h?a Lil Astronomy Timothy F. Slater.? p?l h?l 0? request. NI??l'u? OKDOO Hammer'gren along with the Report. NM NM Hammergren. MK.) no: sending the Report to Hammergren. MN calm 46. The Report ultimately concludes that Dr. Slater violated the University?s sexual harassment policy by making inappropriate Sexual comments butthat there Was 47. Dr. Slater- was. interviewed as part of that so called-investigation. 48. Prior to being interviewed Dr. Slater was assured that the results of the 49. Later, Dr. Slater was told about the results of the investigation, but beams .50. Dr. Slater believed that the matter had been closed and that the written notes and ?ndings, including any report that- may have been drafted, would 51. On or about January 27, 2010, the, University received a public record request from Mark Harnniergren that asked for ?Documents relating to University- of Arizona charges, investigations, and disciplinary actions against former professor of 52. Attached as Exhibit 2 is a true copy public records 53. On May 4, 2010 the Universitysent Hammergren a copy of the Report. 54. Attached as Exhibit 3 is a true copy of the letter the University sent to 55?. The UniverSity violated its- own policies by sending the Report to 56. The University violatedits promises to and agreements with Dr. Slater by Attorneys at Law r?-i 1?4- t?A 11?4 CD U0 ABURG 57. The University violated Arizona public records laws and the Arizona Administrative Code by sending theReporit to Harnmergre?n. 58. By or before uly 13, 2010 the University realized that it sent; the Report outin error. 59. Attached as Exhibit 4 is a. true 'copy of the letter the University "sent to Hammergren on or about July 13, 2010. THE REPORT ISMADE PUBLIC . 60. On January .12, 2016, portions of the Report Were'publically read into the Congressional Record. by. US. Representative, Jackie Speier. See, gress. gOV/congres sional?record/ 201 6/ 0 86?- (last?visited November 61.. Rep. Speier read into the'record some of"the. most false and shocking allegations, and she paraphrased other portions. 62-. Her?statements were thereafter reported by the media. 63. The Arizona Daily Star out of Tucson, issued a news article that same day, which. states, The report on the investigation into Slater was inadvertently released by the UA in re'Spons?e to a Freedom oflnformation request in 2010, said Chris Sigurd?on, Vice president for' e'OmmuniCations. He said the document'obtainedby Rep. 'Speier was judged to ?not be a public record?? when a request Was made for its release. ?Somebody forgot or screwed up,? he said..Controls have been tightened .on that process since then, heasaid?. Sigurd'son said the university asked that copies be" returned or destroyed. ?We were assured they had been, but apparently not.? 64?. Attached as Exhibit 5 is a copy of the news whole, from wwqucsoneO'rn dated January 12, 2016?. Attorneys '265. The story was also reported. in the WashingtOn Post,_ New York Times, and Science Magazine (among many others). 66. Attached as Exhibits 6 and 7 are copies of the Washington .Post and ScienceMagazine articles. 67. Rep. _-Speier?s comments can he also vieWed On Youtuhe, among? other places. (last visited Nogember l, 20.16). . I 68. Many of the online nears articles also prOVide a hyperlink to. the actual Report,'which was not redacted in any way; 69. Anyone with an internet connection can now View the entire Report and Rep. Speier?as comments about it, through a cursory Googleisearch. 70; When Dr. Slater learned what _-had been said and made public, he was surprised and shocked. F. TM REPORT IS FALSE. The Report claims] .it interviewed various Witnesses, but the Report is internally inconsistent, and it is apparent even from the face of the Report that it has not accorately reported the results of the claimedinterviews. 72. There is every reason to believe that?the report has :mixed witnesses up. misreported what many of the witnesses said, and, Worse, 'rna?de statements that were not madefby witnesses or that there were no such witnesses. 73. The following statements in the Report are false (among others): i. Dr; Slater- never gave a Vibrator 'or chocolate handcuffs, to any graduate student, ever. (Page lot-the Report). ii?. Dr. wife (now ex?wife) gave a VibratOI to her lo?ngtir?ne close friend and roommate who was a graduate student, who in turn gave back chocolate handcuffs. (Page 2). Dr. Slater was not involved in that 8 p?un tomuoxmewm HH Attorneys at. Law Ht H. U3 WlliK UI ?P-l C) \0 00 a] ON U?t iv. vi. Vii. ix.. xii. exchange, and such an exchange of gifts between female clbse friends was in no way any form .of sexual harassment. Dr. Slater never made a joke about installing cameras, in his, house to obServe people havingzsex and no Cameras were ever installed. (Page 2). Dr. Slater did nottask about Witness Al?s sex life. (Page 2). Dr. Slater .did not tell Witness that she' could swim at his house if she did not bring a bathing suit. [Page 2). Dr._ Slater never told Witness that he would teach her better if she did not wear underwear. (P age 2). Dr. Slater did not ever attempt to grab or touch Witness B?s underwear, and he neVer? told her that she Would look better withdut her Underwear. (Page 3.). Dr. Slater did' notever invite. Witness to a topless bar. (Page 3). Dr. Slater did not have any sexual discussions with Witness C. about blowjobs, threesomes, going online to Set tip ?hook ups,? or? kissing. '(Pages Dr. Slater-denies that he ever. told Witness that ?once you go black, you never go back.? (Page 4). He? further denies that she ever told him that he was uncomfortable. Dr. Slater?s denies Witness D?s allegations that he asked about the status of women at; the University of Arizona, made a comment about he wished she had Worn a skirt, or retaliated against Witness in any way, shape, or form. (Page's Sand 6). Dr. Slater denies Witness B?s allegations that he. made a comment about her nipples getting hard, admitted he sexually harassed-women, threatened her employment, joked that sexual'harassment was a small priee?to pay for 9 w. C) Attornevs at Law p-n Id ABURC her having made a joke that was net. funny, and stated that he. weald ?check her out.? (Page Dr. Slater denies the allegation that henon?renewed Witness B?s contract because she complained .ofharassment. (Page xiv. Dr. Slater denies that he ever pressured anyone to go to any strip club or that anyone ever complained about going to a. stripvclub. (Page 22). av: Dr. :Slat'e'r denies that he ever told a studentf?l want. to get you naked? or that he, made ;a comment about how the male stddent's? would masturbate thinking about her. (Page 74. The above list. is not intended to be exhaustive. There are many other false and grossly miseharaeterized allegations that are presented as fact, especially because the Report fails to identify which allegations were found to be credible and Which Were not. 7.5. Dr. Slater believes that if the witnesses were? identified and were asked under oath, they. would deny that this or any of the below described events actually (Scour-red; he also. believes that the witnesses would deny even saying them 'to the investigators who Wrote the Report. The Report simply states that Dr. Slater violated the University?s sexual harassment period. There 'is no real analysis or weighing of" the supposed evidence. 77.. 'In preparing the Report, the investigator failed to ask Dr. Slater to respond to the allegations in the Report; 78. Upon information, the Ingestigator was told by numerous people that Dr. Slater had never engaged in any form of. sexual harassment or hostile work environment. 10 Attorneys 'at. Law DJ \Dcoqmjmes7-9. The fact that 4 witnesses who worked closely with Dr. Slater reported: they had no concerns of sexual harassment or retaliation was relegated to just one' sentence among the report. (See page 13 of the Report). F. DR. REPUTATIQN AND CAREER HAVE BEEN IRREPARABLY DAMAGED. 80. The'University?s distribution of the Report hascaused irreparable: damage to Dr. Slateris academic reputation and career. 81. Dr. Slater Would have likely; progressed to become a highly paid college dean or university vice president if the Report had not. been released. 82. Itwill now be impossible or a least very dif?cult for him to ever'obtain such a position. .83. Dr. Slater also relies on paid speaking engagements and book sales to Supplement his income. 84, Now that .the? Report has been released, several otters for paid speaking, engagements have been rescinded, and his book sales, have decreased and are likely?to continue to decrease. 85. Dr. Slater is forty?eight years old, and he intends to adult .for at least another'ZO years, so the ?nancial harm is signi?cant. 86. The Report has been especially damaging to Dr. Slater?s reputati0n because it contains] numerous false and misleading allegations, which Rep. Speier and the media havereported as fact. 87. The Report is not just false it is and has been terribly damaging to Dr. Slater. 88. Provided below is a non?Exhaustive list of the speci?c ways, inwhich Dr. Slater has already been ?nancially harmed by the release and republication of all of the false in the Report. ll i?i Attorneys at Law i?t CD ABURG to '35 1?4 b?-l p?n p?a The October 2016 International Professional Conference 01:] science education research .for 200 international scholars in Germany was. canceled. It was scheduled to be .co?chaired by Dr. Slater. (See Exhibit 8 .email from Dr; C. S. to SOC colleagues dated January 13, .2016- announcing resignation. from the conference due to the release 'of the Report). Dr. Slater was removed as a member of the June 2016 Scientific Organizing Corn'rnitteeifo?r International Conference on Astro'biology. to be held in Germany. (See Exhibit 9 ?'email frorn- M. G. to Dr. Slater dated March 21, 2016). Many profess?iOnal colleagues no longer submit academic manuscripts to the scholarly journal, Journal of .AStrone?my Earth Sciences Education, of'Which Dr. Slater-serves as the Editor-?in-Chief. (See Exhibit 10 email from Q. R, to Dr. T. F. dated May .9, 2013 stating that ?he is Concerned about submitting an article to a journal headed up by a person who was at the center ofa harassment iv. Many professors have chosen not to use Dr. Slater?s textbooks. (See Exhibit 11 Twitter post from I. S. dated January 13, 2016 stating that she likes; Dr. Slaterfs textbooks but doesn?t want to buy them because she doesn?t wanthirnto receive any royalties from the sales). v, A Profe?Ssional Conference planned for August 2016 in San Francisco for which Dr: Slater serves. as lead organizer was almost cancelled. (See Exhibit 12 Email from . to S. S. dated January 24, 2016 stating that he is concerned about?the allegations in'the Report and thatfthe conference should perhaps be cancelled). The Conference; was held, but the depressed becauseof the releaseof the Report. 1.2 ABURG Attorneys atLaw \DoemJO?xm-tiawml?a vi. vii. ix. xi. xii. Authors have recommend canceling publication of an edited book in which Dr. Slater is the anther of the opening chapter. (See Exhibit 13 Email from Q. R. to S. dated February 54-2016 stating that he is ?aware of the controversy currently surrounding Tim?and deeply uneasy about the volume being published in. the middle .of this. . . .. As for action, 11 would support the arguments for postponement?). Scholars have recommended that professional societies and ?nding agencies remove their af?liations With. and ?nancial support for Dr. {Slater?s work. (See Exhibit 14 Twitter pos'tfrom A. W. dated January 10, 2016 stating that NASA endothers should ?strongly reassess? Whether to provide funding to Dr. Slater). Dr. Slater is starting to experience difficulty in ?nding academic collaborators to pursue federal grant funding opportunities". (See Email ?post from A. 0. dated January 2016 criticizing Dr. Slater for "sexual'har?a?ssrnen?. Dr. Slater has not received. any invitations to guest lecture at any universities since the Report was made public. 'Dr. Slater had previously averaged three invitations per-[year for last ten years. Dr. .Slater was told during an informal conversation with a? high?ranking NASA of?cialjust afterthe Report was made public" that his grant funding requests would be denied because of the Report. Dr. Slater is starting to exPerience dif?culty in recruiting new gradirate students to join .his research group. The-release of the Report has caused 'acall for alumni donate to the University .of'Wyoming. 13 Attorneys at Law memexiv. Dr. Slater?s ?scholarly productivity number. of publications. per year) has declined signi?cantly- bec?auSe of his difficulty concentrating on his typical work~related academic tasks including, writing Scholarly papers, grading graduate?Students? work, and reading recent research. 89. The professional damage .is real and ongoing, and the. full extent of it is currently unknown.? 90. Dr. Slater has also suffered severe emotional distress. I I 91. Dr. Slater was forced ?to discuss the allegations in the, Report with his family, including his wife, mother, siblings, ?children, and his wife?s family; 92. Dr. Slater also had to discuss the allegations with his 13-year old son?s iniddle school Principal and School Counselor?when his son was ridiculed at school by. ?classmates after seeing news about the Report. 93. Dr. Slater has experienced many sleepless nights since the Report was publicized. 94.. Dr.- Slater has been receiving mental health counseling from his church pastor. 95. Dr. Slater has also had to endure additional Title IX inquiries at the University of Wyoming Since the release of the Report; 96. Dr. Slater had to embarrassingly discuss, the false allegations in. the Report with his College Deanand his new Provost. '97. Dr. Slater?s graduate studentsuand fellow faculty members have also?been. inappropriately?questioned andiharassed. 98. Dr, =Slater?s wife, Dr. Stephanie Slater, a renowned scholar in, her own- right, has also taken signi?cant'hits to'her'reputation because-of her association with Dr. Slater. 14. Attorneys at Law. ad Ext) h?I r?t i?u? inn?l 99. The Report discusses incidents involving Dr. Slater?s then wife, and. people assume the Report is referring to his current Wife, Dr. Stephanie Slater, which makes, things even more embarrassing for her. 100. The release of the Report has negatively impacted Dr. Stephanie Slater?s? I ability't?o work- With rigorous olarship, :and generate income in her science education, business, which is highly dependent upon consulting, "contracts and federal grant awards. I 101. All of this has been traumatizing to Dr. Slater and Dr. Stephanie Slater. 102. Dr. Slater served aNOtice of Claim purSuant to A.R.S. ?12l32 1 .01 on the University on or about June. 2016. 103. A true Copy of the Notice of Claim is attached here as Exhibit 16 (with exhibits omitted), I 104. More than 60 days have passed without resolu?on. jCount?one! Ereaeh'of Con?dentiality 105. Incorporate by reference each of the aim?: allegations. 1'06: TheUniversity' had aduty to keep the report Con?dential. 10:7. That duty arose by reason of University policy and ,praCtice, promises made to Dr Slater-and 'state?law and regulation. 110,8. Ariz. Admin. Code states that it is unlawful for the State to releasecertain employee?personnel records to the public. l09. Speci?cally, Ariz: Admin. Code 1.05 provides, Personnel records 'are Con?dential and an agency head shall ensure that except asprovided in subsection only the following information about a current or former employee is provided to any person making a public records request underALRS. Title 39, Chapter. 1, Article 2. a. Name of employee; b. Date of employment; 15 Attorneys at Lax-y: r?J' c. Current and previous class titles and dates of appointment 'to the class; d. Current'and previous agencies to Which ther'ernployee has. been assigned and the locati?On of the main of?ce for each agency; e. Current and previous salaries and .dates of each change; f..?Name of employee?s carrent or last known;supervi30r'; and g, Records that. are reasonably necessary Or appropriate to maintain an accurate knowledge of the employee?s disciplinary actions, including the'ernployee re5ponses to all disciplinary actions, imle?Ss providing this information is contrary to law. 1.10. The Un'iVersity violated. Aria. Admin. 'Code Ill. Although Ari'z. Adrnin. Code RZ-SA-IDS is l'oCate?d in the section of the I Administrative Code dealing! with the. Arizona Department of AdminiStiati'on, it applies to all employees in the State personnel system pursuant to Aria. Admin? Code 103. 112. There are other provisions in the Arizona Administrative Code that make clear that the Report was to be kept con?dential: A. Afiz. Admin. (?The Of?ce; shall not'releasezto an agency, the public, or anyone else, infon'nation that reveals the. identity o?fa complainant or Witness without permission from the B. Ariz. Admin. .Code 11246?203 (?The O?ice shall stop an investigation and close a case if it. cannot proceed further Without releasing identifying information about a complainant-Who requested con?dentiality?); Arizv. Admin.- Code R2-16-306 (?If an investigation of an allegation of misconduct by a state employee results in a preliminary report that contains an adverse opinion or rechendation, the Of?ce shall consult with the employee about the preliminary report before submitting the preliminary report to the agency and shall include the employee?s written response, if any, with the preliminary report that is .- forwarded, to the agency. . . This consultation with the employee shall be con?dential and shall not be publicly disclosed). 16 attorneys 113. the Arizona Board ?of Regents? Policy Manual states that When the University receives a publicgrecOrds request for an employee?s personnel records, it may only provide basic. information such as; name, dates of employment, salary, and those records ?that are reasonably necessary to maintain an accurate know-ledge- of employee . disciplinary actions unless? inape'ction or. disclosure of the records or information in the records is contrary to, law. mRecords maintained by the Board or a University that are reasonably necessary to maintain an accurate knowledge of employee disciplinary actions? mean the ?nal written disciplinary 'actionand the employee?s-response, if?any, to that action.? ABOR ?1 1-51?. TheRepo?rt is not a ??nal written disciplinary action,?i "which is defined as ?involuntary demotion, involuntary dismissal, suspension Without pay, and resignation in lieu of dismissal; and for classified Staff under progressive discipline, written reprimands.? 115. The Report ?does not mention anything about any action being taken against Dr. Slater. 116. Accordingly, the Report was not a ?nal disciplinary action. 117. ABOR 6912(4) states that ?nal disciplinary actions should not be disclosed if' ?inapec?tion or disclosure of ?the records or information in the resords is contrary to law.? '1 18. U. S. Congress has made?it clear that EEOC documents are con?dential. 119. 42 states, ?It shall be unlawful for any officer or employee of the Commission to make public in any manner whatever any information obtained by the. Commission pursuant to its authority under this section prior to the institution _of any proceeding und'erthis Sub'chapte?r involving such information. 120. 29 1611.10 likeWi?se states, ?The Commission shall not disclose- any record which is contained in a syStem of records it maintains, by any means of 17 gnu-1 communication to? any person or. to another agency, ex?Ceptpursuant to' a written request by, or with the prior mitten consent of the individual to whom the record pertains, unless the disclosure is authorizedby one or more provisions of-S U.S.C. 121. It is clear from the EEOC, statute and regulation above that EEOC investigatiire reports are Supposed to remain. strictly con?dential, subject to criminal punishment. 122. The University?s Vice President of, Communications, Chris Si'gurdson, has admitted that?the Report is Con?dential andshonld not have been released, at least goddamn-mm according to the author of the article. See attached Exhibit 4, 123. Counsel for Dr. Slater Sent a public records request to the University 'r?s CD seeking a copy of the Report, amon'gother things. Attorneys at Law p-a 124. Attached as Exhibit is atru'e' and accurate e0py of the public records re?qu'est .sent? to the University; - ABURC 125?. The University stated in a response, letter dated April 13, 2016 that the 43. Report was not, subject to release ?becauSe doing so would be contrary to the best y?a 1:11 interests of the state and compromise the privacy interests of the complaining individuals and Witnesses.? ?h?l 126'. Attached as EXhibit 18 is a copy of?the University is {responsevletter dated 3? OD. April 13, 2016, 127. The, University has breached its duty ofl?con?dentiality by releasing the to. Report to the public. 128, As a-result of that? breach, Dr. Slater has been damaged as aboVe described. gym-4st? '18 Attorneys at Law ABURG (Count Two) Defamation 129. Incorporate. by reference each of the above allegations, paragraphs 1 through 100. 1-30. The University is liable for defamatiOn because it made false statements about Dr. Slater. The statements in the Report made ?ofand concerning? Dr. Slater. 132-. There was actual ?malice because the UniverSity knew that many of the allegations in the Report were, false or else recklessly disregarded. whether they were true. 133. The University is liable for republication of the Report because it was foreseeable that the contents of the Report'would be widely published. 134'. Dr. Slater has suffered damage to his, reputation, financial loss and has experienced severe emotional distress as result of 'the? University?s release of the Report. 135-. Since the University reck1essly disregarded the truth, it is liable not only for actual d?amage?sgbutalso for presumed damages. (Saw FalseLight 136. Incorporate by reference each of the above allegations, paragraphs 1 through 100. '137. The?Uniiversity. is liable fOrjplacing Dr Slater in a false light. 138. The allegations create a' false implication about Dr. Slater that he is a sexist or sexual deviant. l9 h-l woexammeww At LorneysABURG 139. Dr. Slater has suffered damage to his reputation, ?nancial loss and has experienced severe emotional distress as a result. of the University?s release of? the Report. Pubiic DiSelosure of Private information. 14,0. Incorporate by reference each of the above allegations, paragraphs '1 through 100 and. Count One, paragraphs 101 through ?124. 14.1.. The University is liablefor publicly disclosing private infomation about Dr. Slater; 142. One who gives publicity to a matter ?concerning'the private life of another is subject to liability to the. otherf for invasion of his privacy, if thematter'publicized is 'of a kind that would, be'highly offensiixe to a? reasonable person, and is not of legitimatefconcern to the public; 1'43. The information that the University? released would be highly offensive to a reasonable person. 144'. It contained false. and/or mischarapteriZEd statements that have caused great harm to'Dr. Slater?s reputation. 145. The Report, as written and full of falsehoods, was not a matter-of public concern, especially because it was to b?e-kept con?dential. ?146. Dr. ?Slater has suffered damage to his reputation, ?nancial loss and has experienced severe emotional. distress as a result of the University?s release of the Report. [CountFi?veZ Negligence 147. Incorporate by reference each of the aboVe allegations, paragraphs '1 through 100 and Count On?e, paragraphs 101 through 124. 20 \qu'mmeth?n Attorneys at: Law t?I Fw? M) C: L?n r?A h?t p?t 148. The University. had 'a duty to Dr. Slater to. keep the Report con?dential. 149. The University negligently breached that duty by releasing the Report to 150. Dr. Slater has suffered damage to his reputation, financial loss and has experienced severe emotional distress as 'a result of the University?s negligence in 'Wherefore, Dr. Slater requestsJudgment against defendant as foitows: or lestincome; For general and consequential damages; For 'emotibnal distress damages; For harm to his rep'utatioll; _For injunctiVe reliefj To the extent to which it applies, for attorney fees, pursuant .to Foreasts pursuant to A.R.S. 12641; and the public. rereleasing the ReportA.R.S. 12341.01; H. For such other and further relief as is proper'and. just. DATED this 9lh day of'November; 2016. mic. K-raig Marten Jeffrey A. Silence 21 U??l??l?bllj? 'Ul wmuuaty . Equal Oppommity and A?irma?ye Actioo Of?ce atom-o) Investigative Report GONFIDENHAE Page I Of 38 Complaint No: D4?Q6Arl'vmui Date .Complaiilt Ritceited: COmplainsnt: Amniotistralivc Review August 2004 Respondent? Dr. Timothy Slater Report Date: M30113 1, 2005 Department: Department of?stronomy, Stewarti Observatory BACKGROUND: Prior to July 2004- several ijtdividuals approached the to discuss sexually oiiarged 0011th they were experieneing the College of Amnomy, and Steward Observatory The}? stated that the conduct was occurring across ranks; some indicato? the oonduot was creating a sexual]? hostile work environment Some indicated retaliation might be occurring. Those hidi?vi'duals re?ned to ?le; cemplaiuts against the department because they foamed work-related repercussions? including unlaw?? retaliation? Consequon?y the BOMO met: With administrating 1n the Depar?nent of Astronomy and Steward Observatory to discuss initiating an invosttgati on into Sexual harassment, sexually.i hostile work environment: Ike ?epemnest, in turn, formalized a request for investigation, such that this Admini?stiw?'Roview'begm in August 2004. Resyon?sive toevidence obtained in the early. stages oftinvestigation, the named Dr. Tim Slater 33" a.?re3poodent it: this ease, on September'Z?A, 2004. The noti?ed Dr.Sla1:er of his in accordance sadth ?rmwares, identifying sexual harassment and retaliation as the relevant issues. Dr- Slater was hired; by the University August 6, 2001, as anAssooiato Professor of Astronomy, He received tenure standing is my 2004. "He has ?a variety of duties sit the m?versitjz, including his post. as the _Coneep_tual Astronomy and Physics ?Education?ReSoarolt (CAPER) team leader. sC?oPEm mssnog?m; In the course of the investigation. the investigator intewiewed multiple individuals? some'more than once?who were associated with. tho?DeParmtem of Astronomy,?3teward' Observatory, andfor the CHEER team. Wimegsses were selected or with an effort to Icvois?of matiior?ity and closeness, professional shallot personal, with the respondent. All efforts were made?to get at oomptehcnsit?e?pointof?ew. Did Dr. Sister violate the University? 3 Sexual Harassmerut Policy, as well as the policy 3 Retaliation component? . Lne uhmrm?sxty 01 Automate} Equal Dpportur?ty and Af?n?na?Ve Adieu BEBE: Investigative Repert Page 2 of 38 STATEMENT r31:- comm-INT: There' :10 Statement of Complaint par re since. none of the forthcoming. individuals chose ?at to ?le a complaint, such that The investigation was initiated by Administrative Review. Homver, alleged conduct inehlded continual sexual joking, banter and unwelcome touching. STATEMENTS: Wimesa A pre?ded the folleedag information: Wimeas A recalled That'D?. Slater. ?-equen?yteld sexual jokes, made invitations to bathe in his hot Tub (at house parties; and 51de were Op?on?l. Wimeest reealled that Dr. Slater and his. wife gave sex toys To guests and chocolate handcu?'a toatgraduaIe-stlident. On one occasion; The witness recalled that Dr. Slater mentioned that? '30 and so? was sleeping with 'so and so??-?and ?11311 it great?" He went on to say, "Now everyone on the SAFER team has had' sex at my heme I can?t wait to hutall The cameras? or words to that? c?'ECt Meme A did .not respond but felt that the question, ?So, Why net you,? Was itxiphed I137 Dr. Slater Dr. Slater inqmred about Witness ASE sex life on more than one unsealedn and asked: whom Witness A Weul'd be having 111, when Withece requested a 'private room during departmental travel. Witness provided the following iafnma?am Immediately 11pm: her hire, Witness noticed that Dr; Slater conducted himself in a semm?zedmanner that she 3513de to be and outside her eemfo?-leVel. Wimass stated aha is de?nitely not the enly- one toward Wham Dr. Slater is? sexual in his conduct. General hehavipr's include stepping' his Tracks whenever he sees a: woman walk by a short skirt, even insisting that. all conversation so he can take 111 the scene Witness stated Dr. Slater relates most thing's an as): a g, on cine? o?ccasioa, When Winness brought? 111 a large blue exercise ball to use for seating; he told her he had a prehib'iTion against having ?blue halla? 111 the o?ice Oh-anothex ocoaa'ion he told.Wi?1eas ThathEhadconsi ?exed inviting he; to swim ogre: the weekend, but knew ahe?weuld bring-her bathing suit, 50 decided "against it. we unzversney or Mitosis! Equal Opportunity and A??innotive Action Of?co Invos?gatioe'?eport: GUNFIEENTM Pigtail of 38 ?Witnos?s Slated that Dr. Slater and Witness make a lot of sexual jokes and on a togulat basis- Sh: notod a. lot oftho woweo .tond to ignore; ??swhon?jt is oo?um'ngomund them. On a Iegular basis, Dr. Slater has told Winston the would teach hotter if 511;- ?djd not W631. undorwoar. On at least Hons oocasionho grabbed her undolwear through ihor dress, strotoho'd it and snapped 1'1; andssid, ?Tou?tl kick a whole, lot better without those on,? or words to that .c?oot That same day he invited her to attend slouch yisi?zig female graduate; smdont from Boston. and ?Witness I. Dr. Slater indicated they wox?d his: lunchlog at a, local topless bot At luooh both Dr Slate-:1" and Witness I. paid for and recoiVed lap dances. Dr Slatet offered- to purchase a. lap dance for Wimess she declined and ho did 11?0t push tho Issue ?ntber. Witness?B? reported that duringith'c s?ames?to: the. sexual conduct daily. Witness pro?ilo'd the following infogmaiion: Mmoss'C she-"has continual but infroqumt?intotgotim with Dr. ?Slator'du?ng tho com-?50 ofhor'wozrk. She: stated that 1161* modem regardi?g Dr. Slator rc?octs sexual conduot mooning On one day: on March 30, 2004! mmossr?c navolod with Dr?; Slatozio Nogolels by. car, tho-companyrof ofomalc graduato studoot" .D'uxing the car 1111p, Witness told Dr Slater sumo wotlc she: had completed for He: responded by swing; ?Awesome! could just kiss you on that room," or words var-j; clos'c to those Wimess? C. statod she. foond this 135130115: distastcful Later (ho askedher,? ?How-hail can This with you?? When sh: asked him whom-mam hccaskcd, her if she would heirepor?ng his comments has]: tohcr super?soir. Dr Slater Wont on to relate that when ho goos to academic confotmco's out of mm ho goes m?ino to set up ?hook?ups? (sexual dates) with won in the geographic area He: told Witness that his permnal (Sexual) record was four" (4) women in twentyufour {24) 1101113 Dr. Slator also"statcd that he and his Wife occasionally s?tTIIp managE?eo?ois. Witness} is a inhale assistant Staff scientismrho assists Dr. Stator in mnninngAPER, among other duties, inim?a?yasimatod to ?Em-3:5 13.1335 interview is summarizod 0:113an 115? of this do whitest. The University. of Montana Eqiral Opportunity and A?imtarive' Action O?ioe In?ltes?ga?vhe Rap ort,? cowmmt Page 4 of 38 Dr; Slater and the accompanying fmale graduate student discossed the Upcoming wish of Dr. Slater a colleague She asked Dr Slater if she would have to sleep with him to which Dr. Slater replied ?No not this one Witness looked at thorn ana Exolarhied, ?What?? whereupon Dr. Slater toldher that occasionally he?might have to ask'her to take one for the team. Talking about Wimess Dr; Slater said, ?Yeah, he likes the young ones. Witness asked if that didtnot have-a grim-intro. Dr. Slater replied that agi?frieoriWas 'one thing, but a student was another. Witness (IE-asked if the students were minors, to which Dr. Slater responded that they ?rewall pro 1:13th over I 3. He added that he, Dr. Slater, preferred a morermatore?womah who knew-?her was! around the bedroom? Some minutes later'he aimed to and asked her if she knew ?anything about or Was any good at giving blowjohs, because (?ue accompanying female?norm deleted) does not like to giveomeceive you could. give her some 33-05111:ch . Wimess then told Slater he was being completely inappropriate. She-said, ?You barely know me. i only. started a couple of weeks ago and you re already talking tome like this. Doem? the of A give sexual harassment training, or were your absent that day?" She went on to say that she has a. paz?wla'riy large {remand {whom she descxihed, in pan; as Black) She told DI. Slater that he would not appreciate the marmw. in which Dr Slater was speaking to her Dr. Siater then asked Witness if It were true that once you wont Black, you?dloeirer go back, or Words to that effect. ?Later. D'r Slater joked that he would pull off at a rest stop so they 'e?ouid have a threesome Witness responded by saying,- ?Like that? going to happen or words to that effect After that she tried changmg the subject every time it tinned sexual and than she related a story of perSonal tragedy {hon-semralg which she noted seemed to sober Dr. Slater and the ofhorfemale right away. Witness Cisiated?that she rep orted'gDr. Slaier?s conduct to the Principle I?oVestiganrfEI} on herprojeot The PI, in him, ?told her sheshoulrl report it to 'her supervise; cad. [Relevant to Witness D?s testimony] ?Witrices C: stated she was aware that Dr: Slater appeared to he trying to take a Limar and Planetary Sciences program Great Explorations in Math and or GEMS aWay from the deparhnent, and B?hg it over to Steward Observatory whhre he also works She stated he has been pulling ?mlding from the program.-. Additionally he had?mouths the Program Coordinator, Witness .C?s mpei?visor. He has also been giving responsibilities previouslfheld by that supervisor to historians" graduate students. 'lhe university at Aritom Equal Opportunity and Af?rmative Acton Of?ce Investigative Reports GONFIDENTM Page 5 012138 presided the" fo?nwing informatioh: WimessD recalled tbs; at a Halloween {party a1 Dr. Slsrer's house? in 2062, he told thsI one ofh'is sexual {missiles m'to- he with a Catholic schoolgigl. She. was in. eos'mme .as a Catholic schoolgirl. Wimcss'D stated that throughoui her work with Dr. he had 21 pro?les of requesting and falling hugs on a Loo?frequent basis that made her and asking her about the maritah?daiiug atoms of Women in the department and surrounds; he did nor ask similar questions about males, she recalled Additionally, she roiled that Dr: Slater had a; 500m clique Mm the professional arena She stated that me}: frequently Spoke in a loose code, such that it was d?z??hult to know Speci?cally what they were discussing, but clear that it was often. laced with semal overtones; For example one might hear ?eight (8) inches? or other' random phrases throw 1n wi3d1 other conversation She became around Dr. Slater as timepass'ed, she said. In September 2003 Witness had to attend a meeting in Phoonb-z with Dr Slater They drove alone in his wife 5 car. When Wimess got into the as: Dr. Slater commented thai he wished she had Wong a skirt (she Was wearing pants) She did not ask him why Instead she told him that she had once successmw ?led suit against a former employer She toldhim the reason? the entity and the outcome with the conscious intro?: to make him reconsider how he was going to speak to her. ?lthough her orevioos legal. action had {nothing to do wiTh semis] harassoleor, Dr. Slater fell virulsll}? s?esl faiths drive to and sham Phoect?x. Prior to this intemotiom Dr. Slater had always praised Witwas and her very highly. He had even played the ?sympa?'letio character? during a period when Witness we having some persohal problems. After the September 2003 lnieraetion in the car, WimessD notedthe following changes 111 Dr Slater conduct toward her: a. He stopped with her; He stopped meeting with he: on a weeldy. basis [now ?ley meet 1:6 months); He postponed her annual evaluation, omen imder different direction aboire; He; ?nally gave her a verhal evaluation, which was profoundly and mappropxiately negative, and falsely blamed it on a Deparoneot Head, Of note, when she- ooh??onted him about his conduct and the evaluation. Dr; Slater told Witness that things had changed and the issues would never he resolved, He Would not say who: the Issues were; .as He has removed duties Io his graduate students and staff. who are not quali?ed for The assignmeuts g. the budget' In January 2004 and Witness D's title as CmPl, respectively; The University of: A?zons? Equal Opporttmity and Af?nnotivc Action Of?oc (3011110) {investigative Report Page 6 of 3 He encomagos-his cliquo to ho" disrespectful-to Mmms?D and toprfmand's Witneos D'ahout intcrac?ons, provii?ng he: no reasonablc? support in hor position. a He 1315111135 'Witooss for decisions made by. her supmiors, who are also Dr. Slat?r?s sopc?om. WitnessiB provideci the following additionallinformattom On 01'- about August? 2004 while talking to Dr; Slator In tho Iah,W1'moss comeoted the room was cold DJ: Slam looked at her breasts and 60111111th that ho thought ?may" wore, simposod to get hard and stand out when thoy woro will, and. that it must not ht: too cold meoss Walked away ?OhAogost it}, 2004,.Witooss drove. to a professional meeting with Dr. Slater. Q11 the rideovcr, Dr. Elaborimado-montionof mimming'noltod inhis' backyardpool. Wimess responded?mtho needed to stop? tho sexual stuff. recalled that Dr Slater got Very sonous and told her, ?Liston, I like my life. sexually harass pooplo I am not going to olmngo. If you havc a with it; you should start .fo'r employment He also. statod that he 51111011an himsolf with people who do: not how a problom With it. Sho stated that he was not moan about 11:, but came as very and motiono? foot ??tness rospondod that?shit was only'telling him for his ovim good, and the: ho could get: in slot of?trouble .for his behavior. Sho Iocallod that he thankod'hor, saying, appreciate thaL?.0r words to that c?'cct. Wihloss -B statod that although BL. Slater had Told 1161?, unsolicitbd, that he was Vent 1111111193F with the work she had ?10116 Whilo he: was gone during the summer months and he was glad to havc hot on his team she feared he would ?re her on the spot if she pursued the issng of sexual 3.11}1 ?nthor; 01 stated her position on it any more. clearly. [Shoz stoIod that 13 paid from his graht?7 and believed ho. could ?re her hitsself. Dming the stop at Dr. Siator?s wife? '3 Witness told his wife. a sill? joke; about penguins (no scxusl contout) Lotor Dr Slater jolted that sexual harassmonl was 11131112111 price; to pay fer tolling suoh bad jokes. She statod that. he made: o?mr ?digs? throughout tho day about sexual as wall as to make somal For oxainplo, he. noted how it might appear to passing motorists at a rest stay, when Witness .3 was straightor?ng up the car (W-itimss 13 indicated it was the kid car with lots of and toys etc) ?31.3th added he hoped 111113; got the ??mug? idea or words to that. effect In another instance he reached oVer to get, I118 cellphono.Wih1oss aSkod him what ho was-doing, and he told her, addiog, ?111111 got ?to-oh?okyoit out. too,? nor-words to that o?'oct The Universityrof Arise no Equal Opportunity and, motive Ao?onOf?co (ECHO) investigative Report CONFIDENTM Page-7 of 3 8 During September 2004,1311: interviewed six individuals who Work near or' around. one or mom of the areas in whioh DI. Slater hes involvement. Some were male 501116 female,_ some in positions of some not None of these individuals. testi?ed to having any ?rst-hand knowledge of any sexual conduct by anyone in their- reSpeo?ir'vo area, including joking. suggestive cemmenmry and touching None had hesfd reports or demplsints of some? WIth the exoepti?n of one indi?vidual whose colleague had complained about sexual commons made by Dr. Sister. Which she had dessert inappropriate [identi?ed as Witness There was limited discussion about this over limo-h on one occasion on September 13, 20645'Witsess 11 provided the 11111111111111?: 0'11 September?23, 2004, Dr. Slater informed her she wotild be non?renewed in lune ZDUS . He told her she was not a. good ?t md?i the group, He told her that she was doing good work, and. that he [slew she was not. sloolring. He rederated that her skills did not match the group '5 needs or diree?on?words to that effect. He told her he thought she would be hopgier somewhere else Witness opined that Dr Slatorr? s. .doei'sioo to nonrrene'w her contract was the result of his belief that she had complained about his sexual conduct [by September 23 2004 several individuals from CAPER and other pertinent areas, identi?ed by some witnesses aspar?culer ?iends= of Dr Slater 1: had been interviewed at the EOAAD On September 29,2004, Witness provided Wime'ss stated that she is supervised by Di?. Sister and Witness J, and'has been in her positionsinoe 1111111111131 2003. She is-a-me'mhes of the CAREtheam? 311d assooistes mostly with the members of this group, professionally. She recalled that following on. ooeas'iolt 0111 which Dr. Slater and her ethos supervisor Witness I were disoussing their visit to a strip club she told them eonverssiiona??t 111111 their topio of discussion roadie her very uncomfortable and she wished they wouid not talk 11119111111111 1111 front of her. She recalled the].F were eonciliatorjr and told her; they would. try to 'S'tdp, but?tha?t ifthey? did it again, She should 1121111111111 again objected to it. She stated that although they have since refrained from talking about stun clubs spem?ca?jr,? they. still make- sexual comments in her presence andior vioini?qr.? For example, she recalled they have a sort of rating system by which they measure Freshmen women (people walking by, for instonee.) She stated that approximately once a month, a sexual moment is made that she ?nds offensive She stated that she considers herself to be fairly sensitive to sexual mte?ah especially when there is 1301111111: differen?al She stated also that While this-' IS true, she does not ?j?ump at the ohsnce ?.to make a big deal out of these kinds of issues. .. The Uniyeraity of ArizonalE' . Equal Opporumity and amuvehction Of?ce Investigative Report CONFIDENTHL Page Ref 38 The witness recalled that other female graduate students had commented that their adVisors, Dr Slater-and. Witness J, weretooaexnal in their demeanor. Infirmation from Respondent: 0n September??g 2904 Dr. Tim. Slater provided the fallowiuglainfa martian: Hestated that hefreealled two aecasions on which individuals complained directly to him abour?his personal-conduct 49- In 2001, talking shout a bachelor party. at a strip- oluh' such that. a graduate student cemented, ?That really creeps me out when you talk that way in front- of me,? Words to that a?ec-t; He redalle'd apologising A graduatestudent'and former SAFER team member telling him that it had made her uneomfortahle? when he massaged her shoulders publicly, while hosting a teacher WOrkShOp; Dr. Slater recalled that she. was concerned. others might. misinterpret thenamre oftheir relationship, were they to ohserve?his gesture. Dr. '??later charscterizedhimself as a ?touchy"persm who often hugs people. He stated that he is a ??irtatious? person, and de?ned that as and ??attering.? He stated this is mostly with. the CAPER group, since CARER- cons?mtee his primary professional and Social interaction; Dr Slater stated that he hugs males: as well as females and that he hmught many people on the team from Montana." and Kansas [universities there] Many had lived in his house with him and his wife from time to time and some of the relationships were of ll) 12 years duratiOn. He added they had 111 each othm? 5 weddings. He stated that they all socialize togetherat someone a house {often his) an 23 accasions per month. .Dr. Slater staied. that he and Wheat; I run the CAPER group, and that within the group they have a joke that he Slater, is the ?mom, and Wrotess 13 the ?dad. He stated that same of the; CAPER team members are more like family than others; .he listed the two groups. Regarding reports that he had goren out ?Sex toys? at social events; he recalled that he had given One female graduate student .3 pickle or cucumber-shaped vibrator at a ?pre: marriage? party He could not recall hamg giveit out chocolate handouf? aa speci?cally alleged. Regarding the vibrator he recalled ?iat the: recipient was a collector of the vegetable it represeuted, and that he was certain she was not offended by. it He I The Unisessity of Axizonsth Equal Opportunity and Af?rmative Action Of?ce (EGMG) Investiga?ve Report GONEIBW Page 9 of 38. recalled more were-pickle or encumber jokes going stoned the o?ee for severahdays, thereafter. Dr Slater did. not teoall making the comm-eh}: that? he Would have to install cameras in his home as alleged, and referential to the alleged comment that everyone [in CAPEthad engaged in sexual activity in his home- 1): Sister reiterated that many of the CAPER team members had in that, lived with him at his house over die yams. Regarding allegations that he stopped to look at women, and on their appearance, he stated this was common practice for him, and that he might have done it anywhete ?om ?onento? ten to aahdodred nines: He domied that he had a rating system, but rebelled saying things like, ?You to going to have to say that again,heoatuoe that?s too distracting Heson?rmed he hadmade such to women in the department and dildo Witness 1,.who jokedwith him in a similar fashion Regarding allegations that he told a colleague he had a prohibition against ?blue balls? in the of?ce (referencing an exercise. ball ,1 he stated he did not resall making- the oomme'nt, but that it was ?consistent? withthe kinds of comments he would malte- He believed he had not told a colleague he Wouldhave invitedlher to swim the weekend but for the likeljlloodshe would Wear her swim suit.- He stated he doubted that comment because he is nor by naune. He did not recall telling a. [subordinate female] colleague that she would teach better were she to stop wasting undo?iveal, and did not recall snapping her memes: [though hes T- shirt dress, as alleged] However he stated, he did tend to say a lot of sexual things. Dr. Slater con?rmed tint he took a?visiting female graduate smdent, as well ass mole and a female [submdinate] colleague to lunch at a local strip club He did not tecall that speci?c. event, but stated that he Eand the accompanying male] usually pmchase lap dances when they go He usuallyr ?offers to purchase lap danoes for others, as well He stated they go about, once per month, and that it?s usually a mixed group (male and female:) Dr, ,?Slatei: recalledmat a group of. department Women had gone to a Male?"club in honof?Of a wedding or birthday, and reported having a tertihle time Semehow. as an offshoot to that situation, one of the women [WEuielss thought she might like female clubs hettat, and decided to join the men. He could how. my tithes she attended, but. thought probably several. He stated diet he has gone with his wife and several of the graduate students andfor colleagues He stated the tab 13 always collected for ?Dumb? neat: departmental ?mds are never used - quh?? The University of Arizona? Equal Opportunity and A?inn?aiiw Action D?iee investigative Report: ,comnEMLat Page 10 ofBB Dr Slater continued he had traveled with eo-worketa b? ca: [both feInalEi] to N'ogales ?l?izona, (inning 2004 He identi?ed one giadiiate student and an administrative assistant [o?en travels alone with same graduate student one it?ll) only with additional individual to that destination] He stated that he often ones the pinaae, could kiss you hill on the lips,? when spoo?ng to males and females. He stated it is a tine?iorn? a movie He did not recall saying?in-on thatpa?ioular trip, but did not deny it. He oon?nned that he and the yadmmvamdein often joke about her sleeping udth but, stated, it?ia only a. joke He. con?rmed that the line ?Tak?ngl one fot the team? in office used. in the oontext of the same joke but also refers to the endemion of an}r task He also recalled that at least one female graduate etudont Shares that joke with him on a fairly regiilar basis Dr. Slater stated that he is ?sexually We and sometime aajrs '?iin?ga that?ait?e proliably Hestated also thathe has limits, and that talking about ?Blow johs, snapping ?ndemear or talking about oo?wotl?ea'e? clothing from a; semial perspective [You?d-loath bettergifyou stepped wearing underwearlall go bowed hislimits [all these items were alleged] Di. Slater-seated-that prim to theinvestigation he had always thought he knew who?would be o?efided: by Whai,? and had believed that he always Stepped before Messing an offending line. .He recalled that a graduate student [who had worked on SAFER the year before and had left the program] told him onee that he could get into trouble for the kind of things he was saying He could not recall that anyone else had ever waned hiin atioitt this possibility [as Witness alleged she had dens on a number of occasions] Later in the interview homver Dr Slater recalled that he had spoken to Witneas about hot conduct toward him: he asked her to refrain from placing her head on his shouldet at- professional meetings, which she. ?equen?y did. He told her ?int he. liked it when she did this, but for the foot that it might promote the mong impression, and might be seen as unprofessional He then recalled that Witness agreed to his reqiiest, adding that he too. needed to be more eaie?xl ahont the animal joking that he did in public. Dr Slater recalled telling" Witness at that time that he liked the way he had his life set up, that he was a se'l?imalhr ?eve pet-semen and that he would probably alwaya he that Way. Dr. Slater denied telling Wimese that he was sexually haIaSsiIig people and that ?he would continue to D1. Slatet denied that he told Witness at that time that if she did not like his conduct she would?do better'to ?nd another job. He did recall that th?f'had? talked about her position at that tiine in reference to his ongoing area of research didfnot- ?t in. with research ?iteadtion - u. Mcaq . The Burgersity ofd?zoiis? Equal Opporhioitj and Af?rmative Action Of?ce Investigative Rep 11111; Page 11' of 33 1313121115: stated that her-sores, geoiogy, was almys an unusual He stated that Widiies leeks 1:531:11ng and rescmeh experience 1:th other team. members have, and that when he. hired her it was to ?ll a gap: he needed someone to net?based comes. Wimess ?d?lled that. dried and continues to te'aeh the- courses, but that is all she is quali?ed to teach. Any, one of 1115 team members- would be quali?ed to teach the amuse he said Regarding his conversa?oe 011 the trip to Nogsles, he recalled that he did? ask Witness a question about the general acceptability of his sexual bant?r, and that. she 16111in that. if he had seen her website [or Yahoo. 11)] he Would 1111111111116 asked. 20.1: Slater recalled that she said her IE) Was ?SexyWhiterman and that she had talked 111111111 meeting her husband [11113113161111]: 01111116 He denied that she breached the topic of the passing of her 5011 the year before [as alleged] to quell the conversation. He stated he was aware of her son. 5 death because her previous employer had 1116ntio?ed it as a teases for her wanting a ehmge of V611116, during 111131111 dialogue- He did not have Specific 111311111131 of the sexual comments she alleged he made during that ear ride, but helieved some of them sou'n?ded like semething he might say} while others did not .Di: Slater admitted he told Witness C- about his personal sexual reeord?? as a?eg?i adding that this went hack to his. high Soho '01 merchihg hand days. He adhiitted he did hoteliers: the latter, historie detail 11.111111111111233 Q, October 15 20,04, Witness -D?provided The ??tness called to 1101113111111 investigator that Dr. Slater had taken action to remove her assistadt, from his giant. She stated that Dr 81111111 is the Primary hivestigaior (PD 011 the AFLU project). from which the assistant previously- 50% of her? salary. She stated there was no discussion about how it 1110111111 affect the 3351311111th salary: or position Winess went to the PI the. GEMS project, and. asked if he could fund that' 50% with ?tanyxova? 11111111113a to which hesgreed. 'I'he? Wimess stated that Dr. Slater had always been With his aim fiindir'lg. hut had hot been that way with others ?nding She admitted she had no firsthand knowledge of his use of his own grant- She recalled that prior to the car ride to Phoenix, he had not tried to tell hear how to handle her funding, but that since men he. had been, fer example, with the PEMAS grant, which, she . had smitten, herself. She steied' his explanation was that-he is and can do" whateverhewants 191111 the gent] The wintess stated she?belie?si?ed DL Slater thought withdrawing the funds Would 15111: her assistant outof a job, and- that his main motivation for this ?was to put more pressure on the Wimoss, hers-elf; by: putting more workhaok 011.1161: She stated that 116111331511:th had 111111 her that Dr. Slater came into the o?ce that.Mondsy (October 2004] to tell the - The University 33313333313 .. Equal Opportunity and Affirmaiiva Action Of?ce: (E6330) Investigative Report EGNHDENYM Page 12 of 33 assistant that ho never intended that 3113 1036 her job. He also askod quo3ti 0113 about the Witness and whe?ror she were putting in enough time since shog? 13 taldng 3133333 (which Dr Slator had approVed The ?@1333 513131 that she porooivod that Dr Slate: was expressing doubts about 113: to bar own assistant. Sho opincd that he had turnod against her amoral. odior individuals who had worked for hot or with hair prewously, as wall as the; now (pa-director of SW E?dcnoo for this was that the. individuals had lo? the: aroa, andfor treated her than they had initially. She made 'no about how Dr. Slatnr?Would horn gang about against his, and EIQVl'ded nadiroot evidence; for suohzacti?n; She pro?dcd tho namosof Several hidividuals about whom She had concerns. 01: 0330133311, 20 04, WiinoasC provided the followin?ga?di?onal information: Witnoss stated thnI liar soporvimr received noti?cation by Email from'DI. Slater on September 21, 2004 stating that the admoss? salary snore; should bo changnd to 90% AZTEC budget (had boon 50% tadth 40% at ARU 10 unlorown) Ho told gunman: that the change was nocossarjr booausc ARU was running? in the rod. Miriam stated that her snpandsor went to the; Primary Invasdgatm (PI) for GEMS to amino the: additional holding for Witnoss C?s salary. She. Dpincd that Dr Slain: had no realidoa whothor this would work out whorl ho-roqunstod thcohnngo. She recalled that Dr: Slater came by. tho of?ce to inlk to' her "on October 1, 2004. Ho asked several quostions about her supervisor, and whether she (tho supervisor) were handling her work load 11:: additionto the shidont teaching she: is cinr?ntly doing Wimoss told him tho: ho: supervisor was handling both, and. was always there whom slot: was Supposed to be}. At that time; Witn?s?s asked Dr. Slater Why he had changodihor salary source. Ho. reaponded that- ho had run out of available ?nds in tho ARU grant. Wrincss 1333133 13.11:: that Dr. Slater had hired a. gradualo stardom to work off of that gran; right around the: same time. opinod that it was dif?cult to dotnrmino maths: the ?mding change. were She stated ibis ?sear-of- tho?pants" notion consistent with lus past- proo?oosl She stalod dial: 111 thcir intoraotions, he was always very shaming, and never seemed angry_3l1b said that ha checks in to ask not about 1131- supervisor conduct and availability fairly Consiston?y. 0113 thus she confronted him about it tolling him 311%: was not going to take. sides; and asking what. happenod to make them dislike each other so much Ha: arisworod only that it was baseman ofthings in tho past, about which tho}? could not 333:? ?oyo; 10-6316 and that ii could not be tomodiod . . i u. The Unitersity of. Arizona? Equal Opporhmity and A?irma?ye Aetion D?ioe (E 011110) Ingestigative Report COMM Page 13 of 38 Wimess opined that it was dif?oi?t to work for her sopewisor and Dr. Slater?hem. She stated. that her supervisor gets very emotional and is unprediotahle and that. Dr: Slater holds that behavior against her supervi hot. 011 September 29, 2995i, Wimess the following testimony: Witness denied that Dr. Slate: had done anything to then her against Wimess D, 'as alleged by Witness If). She. con?rmed having had con?l ?13 With Witness when they workod?together and that two (2) months prior to her transfer to a. recruiteoposi?on; she haduapnroaohed?Dr. Slater'ahoutfthose con?iots. He was very supportive, and changed the o?oe structiire sot lhatshe could report directly to him She pro?t ded?examples-of?the Of con?icts she had with Wimess D, nonejof Which were which in any way to Dr. Slater. Additionally, 111111;}? of .eorroborated by otherwimesses, in their descriptions of professional i?terae?ons with Memes D. WitneSs also Iec'hlled?thnt What-33.13 lmd- stated on at least-one occasion thatshe would use her disability to protocthet job, if ?mding or other circumstances threatened her position. Witness recalled that ?Wltness had told her. ah out her involvement in 11 Miner law 31111? 111 which she prevailed and in?uenced 121301 laws in Arizona. She did not know whether Wimegs had told Dr. Slater the same story. 'Wimess provided copies of contemporaneous oonespondeuoe hetwem her. and Dr Slater describing her oon?icts with Witness NOTE: 'Wimess' provided the 113111113 of two other indiwidtial's- [?niden??ed hemin] with hadqqorkod, and mom she (believed Dr. Slater: hatiendeavoreci to him against her. The i'nterriewed both; both provided testimony refuting that'Dr. Slater had in?uenced their with Witness All three'C3)111itnesses testi?ed that they hadino trouble with Dr? Slater inzterms Of sexual harassment-in any form. 3011 October 23, 111111, Witness pro?cie? the following information: . .- Wimess .G, who works in? the professional vicinity of D1. Slater, but who 'is-not part of the (SAFER item, testi?ed that he was notawm?e of an}? sexnaioonduch aside from an occasional of?color joke between men. The one specific- eomment he. 3011111130111 was Dr Slater? 3 eomrnent, regarding Wraiess girl?iend, ?That?s what you get when you screw around with a teacher ?or Wexds to that e?eot. He had not heard Dr Slater make any snob cements in Event of women, he stated. He also stated that he never socialize-3 with Dr- Slater. and does not have any knowledge of his social conduct The University {If Arlio33? Equal Opportunity. and Ai?rrnativc: Acti o'n Qf?cc (E0330) Inv?tigatiw?Rert Page 14 of 38 R3g31?ing Dr. 31313143 MbractiOns with Witness-D; he stated that 113 had no personal of 31:13! 3113311113:- 33113311, 3 31111133133133.3121. them. Howaver, 1:13 313th that 11311 .1513311 Wmcd, prior t3 Dr; 3131333331131, to far greal?r autonomyin 1131 work. Since Dr- Slaterha?d 11331131121 axer?tlii? ownauthority?uvcnj Dim projects, them had been ongoing-con?ict, he opin3d._ H3 ?n?th?x 311313121 1113 Opinion that 1113}: are freaks and reiterated that this 333331 of thair nature's is likely 1113 1'00! :11me 1111111331113 betwcan 13113111 H3 133311311 comments made by Dr 3131131- similar to tha follbwihg: 3111 in charge 331?. [$531333 ?I?d be, happy to take GEMS out of control?j; ?111131 33111131 g3?: along D. ?1 011: Novemh?r 31133331131331.2311 the following information: Wimcss. 313th that Dr. 81313: and Wimcss I appear to 11133.3 most decisions toge?ter Witness (mined. that Dr Slater 10013331111 for everyone, and- 13 very, concerned about the beingpf others while. Witness I IS self?33333m3d Witness was aware of {13311331 sexual?joking and commentary 3: the of?ce, but Stated that given ever-3033? 3 busy conduct did 1:131- occur enough to create 3 331111111131r hostile. work [c?mated 131331313: was it: the vicinity about 5 hours per Week] Regarding. others par?cipa?gon Witness H.3tat3d that diffarant peeple handled the situation diff?rcn?y; For 311311312113 03:: m?i?dual asked Dr Slater and directly .not to dismss their. strip club lunches at the of?ce Witness recalled that Dr. 31313: was apologetic Whereas ?513333 I continued- Wimcss: 31:13:33 33:21 ?concerns that I often seemed to have: the 3111111113 31131: Concerns wars not going to I13 his 3011313113 311311 in 1113513 kinds?of 31111131111113. Witness opined, that Wimessj seamecl to mmuragc DI. 31313353 his sexual bahavio'r occasio?a?y. [Witnes? was-313:1 aware of' a graduate student (13111313) who had 333311331 3113: ft?lt 131-333qu by DI. Slater to attend a strip club and who had 3131311 3113 1133111310113 with It as well as 31:13 could; but was uncomfortabl'a aitbe club- Witness 1333 not aware whethcr an additional mating graduate gturicnt, whom. it has been alleged, The DIS. took to 313331 strip club attended by desire or in resignation. .Annther handles herself by 131151113 jbltes, 333311?, which 3:3 ?clean,? but often 303:3 fun at gendbr-ba?cd characteristics This 331113 person app33rs to haw. no 110111513 t?lling Dr Slater and I when mo?gh?i?-En??gb, ?fths}: 3:3 talking about things she prefegs 110110 (31531133: re?ll?331:0 Dr..SIatcr311