Simonson v. Iowa State University

• Decision Date: 22 December 1999
• Docket Number: No. 97-1177.,97-1177.
• Citation: 603 N.W.2d 557
• Parties: Michael R. SIMONSON, Appellee, v. IOWA STATE UNIVERSITY, Camilla Benbow, Carla Espinoza and John Kozak, Appellants.
• Court: Iowa Supreme Court

603 N.W.2d 557

Michael R. SIMONSON, Appellee, v. IOWA STATE UNIVERSITY, Camilla Benbow, Carla Espinoza and John Kozak, Appellants.

No. 97-1177.

Supreme Court of Iowa.

December 22, 1999.

Thomas J. Miller, Attorney General, Elizabeth Osenbaugh, Solicitor General, and Diane M. Stahle, Assistant Attorney General, for appellants.

Stephen M. Terrill of Terrill & Martens Law Offices, Ames, for appellee.

Considered by McGIVERIN, J., and CARTER, LAVORATO, NEUMAN and TERNUS, JJ.

McGIVERIN, Chief Justice.

The main question here is whether a tenured state university professor has a constitutional right to an evidentiary hearing before the university can place him on paid administrative leave pending an investigation of student sexual harassment complaints against him.

The university appeals a district court decision requiring it to hold such a hearing. Upon our review, we reverse.

I. Background facts and proceedings.

A. Placement on paid administrative leave.

On February 10, 1997, Camilla Benbow, acting Dean of the College of Education at Iowa State University (ISU or University), was advised by Richard Zbaracki, Chair of the Department of Curriculum and Instruction, that a student in that college was planning to file a sexual harassment complaint against tenured Professor Michael R. Simonson. The student had talked to her "sexual harassment assistor" (an individual in the department charged with giving confidential advice and counsel to students on sexual harassment matters), as well as to two other faculty members about filing a complaint. The student had also dropped out of a program with which Simonson was connected. Later, on February 11, two staff members informed Daniel Reschly, Associate Dean of the College of Education, that they had a conversation with a graduate student who was concerned about sexual harassment by Simonson and that the student was concerned about retaliation for having spoken out. The two staff members did not discuss the specific nature of the complaints, but did tell Reschly that the allegations against Simonson were "extremely serious."

Reschly immediately informed Benbow of his conversation with the two staff members. That same day Benbow advised Provost John Kozak of the matter and also talked about it with ISU Director of Affirmative Action, Carla Espinoza.

Also on February 11, another member of the faculty, Ann Thompson, informed Benbow that in September 1996, a student had raised concerns to her about Simonson's behavior, but the student had never filed a complaint. Thompson indicated that the student may now be willing to come forward. Thompson also informed Benbow of an incident where Simonson had arrived at a student's house drunk although the student had told him she did not want him to come to her home. The complaining student told Thompson that Simonson had confronted her and another student, trying to find out who might be filing complaints against him, and that she was terrified. Thompson also stated that certain students had witnessed inappropriate behavior by Simonson at conferences, and that the students were afraid to come forward because they were concerned about retaliation.

Later that day, a meeting was held in Espinoza's (Director of Affirmative Action) office. Persons present included Espinoza, a complaining student and her attorney, the sexual harassment assistor, and Hessie Harris, associate legal counsel for the University. The complainant gave Espinoza the names, dates, and description of events relating to the alleged incidents of sexual harassment by Simonson.

Following the meeting, Espinoza called Benbow and told Benbow that she felt the complaint should be investigated and that some immediate action should be taken. Espinoza recommended that Simonson be placed on administrative leave with pay and that authorization for his imminent trip to a conference in New Mexico be withdrawn.

Later that evening of February 11, Dean Benbow informed Simonson by telephone that a formal complaint of sexual harassment had been made against him and that he was being placed on paid administrative leave pending the outcome of the investigation. Benbow also told Simonson that the University was rescinding its approval for him to attend the conference in New Mexico. According to Benbow, this decision was based on concerns that an important witness and potential complainant was scheduled to attend the conference and that the University may be at risk if it allowed Simonson to attend the conference in light of the sexual harassment allegations.

On February 13, Dean Benbow wrote to Simonson confirming the telephone call and stating that a formal complaint had been filed. The letter imposed several restrictions concerning Simonson's teaching and other duties. Specifically, Simonson was required to turn in his keys to his office and was advised to have no contact with students and not to come to campus unless for an approved visit.

On February 13, the student filed a formal written complaint with the Affirmative Action Office. The student later retrieved the complaint to add more information.

On February 14, Simonson appeared at the Provost's office with a letter demanding that an appeal of his suspension be heard by 4:00 p.m. that day. The Provost, John Kozak, was out of town. Simonson then requested that Associate Provost Edwin Lewis hear his appeal that day. Later that day, a meeting was held in Lewis' office attended by Lewis, Benbow, Hessie Harris (acting as attorney for Benbow and Espinoza) attorney Paul Tanaka (attending as "legal advisor" for Lewis), Simonson and his attorney. Lewis postponed making a decision on Simonson's appeal until Provost Kozak returned.

On February 17, six days after being placed on paid administrative leave, Simonson received a copy of the written complaint of sexual harassment.

On February 18, the Provost denied Simonson's appeal of Benbow's decision placing him on paid administrative leave, but adjusted some of the restrictions concerning Simonson's administrative duties.

On February 24, Simonson appealed the Provost's decision to the Faculty Senate Committee on Judiciary and Appeals. Thereafter, the University Faculty Senate Committee formed an ad hoc subcommittee to consider Simonson's appeal. After an investigation, the ad hoc subcommittee of the Faculty Senate submitted its report to the full committee on March 17.

B. The present action.

Simonson filed a petition, as amended, for judicial review in district court on March 19, against respondents Iowa State University, Benbow, Espinoza and Kozak, alleging that he had been deprived of property and liberty interests protected by the Due Process Clauses of the United States and Iowa Constitutions. See U.S. Const. amend. XIV, § 1; Iowa Const. art. I, § 9. Simonson sought reinstatement to his teaching duties at ISU. For simplicity, we will refer to respondents collectively as ISU or the University, unless otherwise necessary.

On March 26, the Faculty Senate Committee met and unanimously adopted the ad hoc committee's report that recommended reinstatement of Simonson. The committee's report was delivered to University President Jischke on March 31 for his review and action.

A hearing was held in district court on April 11, 1997, concerning Simonson's petition.

President Jischke eventually rendered his decision on April 21, and rejected the recommendation of the Faculty Senate that Simonson be taken off administrative leave pending the completion of the investigation. By consent of the attorneys for the parties, President Jischke's decision was submitted as part of the record before the district court to be considered in ruling on Simonson's petition.

On May 9, 1997, the district court issued its decision, concluding that the University had deprived Simonson of a protected property and liberty interest without due process of law. The case was remanded to the University with instructions that the University give Simonson a hearing, with notice of the allegations against him, the right to hear and cross-examine those witnesses complaining against him, and the right to present evidence on his own behalf. The district court also ordered that Simonson should be reinstated to his rights and duties as a full, tenured professor.

The University appeals the district court's decision that it was required to give Simonson a full, evidentiary-type hearing prior to placing him on paid administrative leave. The University does not contend that Simonson failed to exhaust any administrative remedies.

Plaintiff Simonson filed before us a motion to amend the record and dismiss the appeal. We ordered that the motion be submitted with the appeal. After due consideration, the motion is overruled.

II. Standard of review.

The parties seem to agree that Simonson sought relief in district court pursuant to the judicial review provisions of Iowa Code chapter 17A (1997). Specifically, Simonson sought judicial review of the University's (i.e., agency) decision to place him on paid administrative leave pending investigation of the sexual harassment complaints against him without a prior evidentiary hearing.

Under Iowa Code chapter 17A, an agency's action is characterized as rule-making, contested case or other agency action. Hurd v. Iowa Dep't of Human Servs., 580 N.W.2d 383, 388 (Iowa), cert. denied, ___ U.S. ___, 119 S.Ct. 455, 142 L.Ed.2d 408 (1998). A review of the record suggests that the action taken by the University in placing Simonson on paid administrative leave falls into the category of "other agency action."

Our review of a district court's judicial review ruling is ordinarily for correction of errors at law. Bennett v. Iowa Dep't of Natural Resources, 573 N.W.2d 25, 27 (Iowa 1997). When constitutional issues are raised, however, we must make an independent evaluation of the totality of the evidence and our review in such cases is de novo. Office of Consumer Advocate v. Iowa State...