The Red and Black

Issue date: 12/2/08 Section: News

SOLOSKI [Click to enlarge]

Court recommendation

A U.S. District Court recommended Friday the University clear former Grady College of Journalism and Mass Communication Dean John Soloski of charges he sexually harassed a coworker.

The University's investigation into claims made by Janet Jones Kendall, a former Grady College employee and now public relations specialist for the School of Social Work, was "arbitrary, capricious and unreasonable," according to court documents obtained by The Red & Black.

The Court recommended the University rescind its harassment findings against Soloski, who teaches journalism classes at the University, and clear his name on the public record. The University has 10 days to contest the recommendations, which may become Court orders if left undisputed.

"Dr. Soloski has been exonerated," said his attorney, Brandon Hornsby, in a phone interview Monday. "This has been a long fight for Dr. Soloski. This case has always been about reclaiming his name ... He was willing to fight the rest of his life to reclaim his name, and that's what he did."

On May 18, 2005, Kendall filed a sexual harassment complaint against Soloski, which resulted in his resignation as dean in June 2005.

After the University and the Board of Regents denied Soloski's appeals of the harassment charge, he sued the University in 2006 on 12 different counts - nine were recommended to be denied by the Court and two may go to trial.

The University did not breach Soloski's contract as dean since he chose to resign nor did it deny Soloski his right to due process when he left his deanship, according to the documents. The court also recommended the denial of Soloski's count that President Michael Adams violated his constitutional right to due process by rejecting Soloski's appeal of the harassment violation.

Adams did not "examine the [Legal Affairs] witness statements or investigative notes when conducting a review of [Soloski's] appeal," so he didn't violate due process rights, documents state.

"Adams' denial of Soloski's appeal was based largely on his reliance on the deficient legal opinion of his counsel, the Office of Legal Affairs, and the judgment of his Provost," the documents state. "There is no clearly established authority that he cannot rely on his subordinates ... to make a legal determination."

The court recommended denying allegations the University discriminated against him based on race during the investigation.

But the court recommended moving to trial Soloski's claim that his contract was breached when he received a lower salary than expected after his resignation.

The University's handling of the investigation was flawed, according to the court.

One month after Kendall filed her complaint, Soloski was contacted by a reporter from the Atlanta Journal-Constitution to comment on the case. The reporter, Kelly Simmons, had "a considerable amount of the details" about the investigation and the next day an article ran detailing the University's investigation, the documents state. The article also featured comments confirming the investigation by Provost Arnett Mace.

But, the University's Non-Discrimiation and Anti-Harassment policy states a sexual harassment allegation must remain confidential until an official finding is made and details of the investigation cannot be leaked until 10 days after the finding.

According to documents, when collecting evidence, Kimberly Ballard-Washington - the Legal Affairs official who led the investigation - relied on "subjective" accounts from Kendall that comments made by Soloski made her feel uncomfortable.

Ballard-Washington was in contact with Mace during the investigation. According to NDAH policy, the provost should have no contact with legal affairs during a sexual harassment investigation but must act only after reviewing the investigation's official findings.

Calls made to Legal Affairs were not immediately returned Monday afternoon.

When reached by The Red & Black for comment Monday, Tom Jackson, vice president for public affairs, said he was not aware of the court's recommendations and did not know how the University would proceed.

Soloski's lawyer said the University's first act of retribution should be announcing mishandling with full page ads in the Atlanta Journal-Constitution and The Red & Black.

"The University president needs to apologize to Soloski and to the Board of Regents and to the entire state of Georgia for allowing such an egregious system [the NDAH policy] to take place," he said. "This is a landmark university law decision. The University of Georgia's sexual harassment policy is perhaps the worst in the U.S. They are designed to convict the innocent and protect the guilty."

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