The Red and Black

Issue date: 3/5/09 Section: News

SOLOSKI

Court Order

Objection to subpoena

A district court ordered the University to clear a journalism professor's name of sexual harassment charges.

In documents filed Tuesday, the court adopted a recommendation to "grant [John Soloski's] request ... for rescinding [the University's] findings and expunging from [the University's] records any indication that [Soloski] violated the University's sexual harassment policy."

In 2005, the Office of Legal Affairs investigated claims filed by Janet Jones Kendall, a former Grady College employee, against Soloski, then dean of Grady College, which claimed he commented on her "assets," according to documents.

Soloski was found in violation of the Non-Discrimination and Anti-Harassment Policy in June 2005. He resigned as dean and now teaches class.

Soloski later filed a lawsuit against University President Michael Adams and the Board of Regents. A federal judge recommended the University clear Soloski of charges last year.

"Dr. Soloski has always contended that he's been falsely accused of sexual harassment and again, today, we have learned that this is what occurred," said Brandon Hornsby, Soloski's lawyer, in an interview Wednesday. "Hopefully the University of Georgia will admit what they did was wrong, accept responsibility and seek a resolution with Dr. Soloski."

"The case was always not just about clearing his name, but making sure no one at the University was subject to false accusations. It was an important goal, and I think today was a very big step to accomplishing that goal."

The court cleared the University in several other counts of the lawsuit. The court found UGA 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 ordered 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.

"It was a 70-page order and there were 12 main points in the case," said Tom Jackson, University vice president for public affairs. "The order affirmed the previous nine points in favor of the University and the three rulings in this latest order ruled that Soloski was a 9-month employee, not a 12-month employee, so there will be no further compensation from the University.

"All of this is still in litigation - each party may appeal any of the rulings at this point," Jackson added. "We will continue to protect legal interests of the University."

One count remains in dispute. Soloski claims the University violated his right to privacy, based on the contents of a story in the Atlanta Journal-Constitution revealing he was involved in a sexual harassment investigation.

The court ordered a deposition for Kelly Simmons, the former AJC reporter and current University employee, to reveal the identities of sources she used in a June 2005 story about the Office of Legal Affairs' investigation. The deposition was ordered last month after Simmons' and the AJC's requests for dropping the subpoena were denied. The release of identities would aid Soloski's claim that the University invaded his privacy during the 2005 investigation, the documents state.

Simmons and the AJC have objected to the court's deposition order, and the court has yet to make a final ruling. Depending on the ruling, the right to privacy count may head to trial.

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