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Judge: Reporter doesn't have to testify in Soloski case (w/court documents)

Staff reports

Issue date: 5/5/09 Section: News
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<b>SOLOSKI</b>
SOLOSKI
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Court documents
Court documents

A federal judge quashed a subpoena brought forth by a University journalism professor seeking answers from a former Atlanta Journal Constitution reporter in a lawsuit he leveled against the University in 2006.

John Soloski, the former dean of Grady College, claimed the University violated his right to privacy, based on the contents of an AJC story revealing he was involved in a sexual harassment investigation.

The court ordered a deposition for Kelly Simmons, a 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. But last week, U.S. District Judge Marvin Shoob wrote Simmons is protected by a reporter's privilege and does not have to disclose her sources.

Shoob also wrote: "The AJC news report did not disclose any 'details' regarding the investigation, other than those that plaintiff himself provided in his interview with Ms. Simmons. Plaintiff claims that his privacy was invaded by the public disclosure of private facts. Since the only fact disclosed in the AJC story that was not provided by plaintiff himself was the confirmation of the investigation by Provost Mace, if plaintiff has a viable privacy claim then Provost Mace's admission that he confirmed the existence of the investigation to Ms. Simmons already proves all the evidence plaintiff needs to prove his claim."

Late last year the court recommended UGA clear 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.

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 appealed.
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