• Saturday, May 26, 2012
  • Print

Judge Orders U. of Georgia to Clear Former Dean of Harassment Accusations

A federal district judge has ordered the University of Georgia to rescind its finding that John Soloski, a former dean of its Grady College of Journalism, had sexually harassed a female co-worker by making two comments about her appearance.

The co-worker, Janet Kendall Jones, said Mr. Soloski had created a hostile work environment by commenting on the color of her eyes in October 2004, and by remarking in April 2005 that a dress she was wearing “really shows off your assets.” Mr. Soloski acknowledged that he had made those remarks but said they were not meant to be sexual.

But the university’s Office of Legal Affairs determined that Mr. Soloski had harassed Ms. Jones because the comments had made her feel uncomfortable, according to the judge’s ruling, and because Mr. Soloski had admitted to making the comments.

Mr. Soloski, who resigned as dean before the university had concluded its investigation, sued the university seeking to reverse the inquiry’s findings. He also sued for breach of contract and deprivation of due process, among other things.

Finding that the university had abused its discretion in investigating Mr. Soloski, Judge Marvin H. Shoob, of the U.S. District Court in Atlanta, upheld the recommendations of a magistrate judge who last year said that university officials “cited no evidence in their finding of sexual harassment … that could possibly amount to sexual harassment under any legal standard.” (Judge Shoob’s ruling, issued on Tuesday, has been posted by The Red and Black, the university’s student newspaper.)

Applying the standard of the federal antidiscrimination law, Title VII of the Civil Rights Act of 1964, Judge Shoob wrote that Mr. Soloski’s comments were not frequent or severe enough to be harassment, were not physically threatening or humiliating, and did not interfere with Ms. Jones’s work performance.

Judge Shoob dismissed Mr. Soloski’s remaining complaints against the university, except for a charge of invasion of privacy. That issue must still be decided by the court after a reporter for The Atlanta Journal-Constitution is deposed about the case.

The university’s lawyers are considering whether to appeal the ruling, said a spokesman, Tom Jackson. —Eric Kelderman