"In their roles as consultants for the university, the site visit investigators had access to relevant CU employees and relevant documents that helped them assess the climate of the philosophy department," CU spokesman Ryan Huff wrote in an email. "As part of their assessment, the site visit team met with the Office of Discrimination and Harassment director, signed confidentiality agreements and were given access to the ODH files."
Under the Colorado Open Records Act, public institutions are required to deny the inspection of sexual harassment files to the general public. However, CU officials said that because the site team investigators were performing an administrative function for the university, they were not acting as members of the public.
The confidentiality agreements were signed by Valerie Hardcastle, Peggy DesAutels and Carla Fehr, the women who co-wrote a 15-page report released last month describing sexual harassment, bullying and other unprofessional sexualized behaviors within the philosophy department.
The findings of the report led the university to suspend graduate admissions into the department until 2015 and bring in an external chairman.
Members of the department, who said they were told to keep quiet about the report, were shocked when the university released the document publicly last month.
Perpetrators protected from public scrutiny
Professor Michael Tooley said he takes issue with how vague the report is about the 15 complaints filed against members of the department since 2007. Because of the confidentiality agreements, the investigators were not able to describe any specifics of the complaints.
The result, Tooley said, is a report that negatively portrays an entire department.
When a formal investigation under the Office of Discrimination and Harassment is completed, only the complainant, respondent, chancellor and decision-making authority, often the department chairman or dean, are allowed to read the office's findings.
Only the respondent and decision-making authorities are allowed to know what, if any, disciplinary action is taken because of confidentiality around personnel matters.
Tooley said it's strange that the university has such strict rules about confidentiality around harassment and discrimination, but then gave the site visit investigators access to confidential files.
"On the one hand, they seem to have these very strict rules of confidentiality, and then they allowed these three strangers to come in (and see the files); that seems to be incredible," he said. "I would say that even if it's not illegal, it seems highly unethical."
Tooley said he also wondered why the site team investigators were able to give the number of complaints, but not a breakdown about how many complaints underwent formal investigations, how many of the complaints involved the same offender, and how many investigations resulted in a finding of a violation of policy.
DesAutels, director of the site visit program, declined to comment, citing the confidentiality agreement.
Philosophy instructor emerita Diane Mayer, who is retired, said she wondered why the university can't find a way to protect the identities of complainants, while holding the perpetrators publicly accountable.