Adelaide University’s former vice-chancellor Peter Rathjen groped staff, ICAC finds
The Independent Commissioner Against Corruption has found Adelaide University’s former vice-chancellor Peter Rathjen groped staff and treated them with “egregious disrespect”. The university says it will adopt all of the ICAC’s recommendations.
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Former Adelaide University vice-chancellor Peter Rathjen hugged, kissed and touched the bottom of one female employee, and hugged and put his hands around the waist of another, in “entirely inappropriate” conduct, Independent Commissioner Against Corruption Bruce Lander has found.
Professor Rathjen also lied to then chancellor Kevin Scarce to protect his position and lied in giving evidence to an ICAC inquiry, Mr Lander said.
“I have found that he lied when it suited him to do so,” Mr Lander said.
In a scathing assessment, Mr Lander criticised the university’s handling of complaints by the women and the involvement of then deputy chancellor Catherine Branson, who is now chancellor.
Mr Lander yesterday made a public statement from his inquiry into maladministration at the university but honoured the requests of the two women in the case by not issuing his full report.
“The vice-chancellor engaged in conduct that was entirely inappropriate by treating the women with egregious disrespect,” Mr Lander said.
“It was all the worse having regard to his position within the university and the two women’s relative positions in the university.”
Mr Lander said the two women had suffered great embarrassment and humiliation.
“It may be because of the brevity of this statement compared with the report, that the seriousness of the conduct will not be understood,” he said.
“However, that is better than the victims suffering further hurt.
“ … I have rejected the vice-chancellor’s evidence in every respect where he sought to disagree with the account given by the two women or to minimise his conduct.
“I have found contrary to the evidence given by Prof Rathjen that his conduct was sexual in nature and advertised by him to the women as sexual.”
Mr Lander found Prof Rathjen had also had “sexual conduct” with another woman “in circumstances which might impact upon his position as vice-chancellor”.
Further, he had been subject to investigation into historical claims of sexual harassment or abuse of a female postgraduate student while he was an academic at Melbourne University.
Mr Lander’s inquiry was instigated by Mr Scarce.
On advice from a solicitor in private practice, Mr Scarce was commissioned by the university’s human resources department to confront Prof Rathjen when the women raised complaints following a university event in Sydney in April 2019.
Mr Lander disagreed with that advice, saying the matter should have been dealt with by the uni’s governing body, the University Council, or a senior committee.
Mr Scarce issued a formal warning to Prof Rathjen.
Mr Lander said the Council should have been involved and that Prof Rathjen’s behaviour was a breach of university policy and “amounted to serious misconduct” under the ICAC Act.
“The university also accepted that the conduct was ‘repugnant to the university’s values of honesty, respect and fairness as those terms are defined in the university’s code of conduct’,” he said.
Given Mr Scarce was acting on legal advice and in accord with the women’s wish for anonymity, Mr Lander did not embrace criticism of Mr Scarce for not alerting the Council.
Prof Rathjen said in a statement he had “deeply” regretted the distress and embarrassment he caused to the two women and apologised.
However, he added that the matter had been dealt with internally by the university and there had been no need for the ICAC inquiry.
He had admitted to Mr Scarce the allegations were true.
“I acknowledged a serious error of judgment,” he said.
Mr Lander said that after Ms Branson knew of one woman’s complaints, she discussed the situation with Prof Rathjen as well as her interest in becoming chancellor and canvassed whether they could work together.
Mr Lander found it was “surprising” Ms Branson had discussed with Prof Rathjen how he should present the matter of the harassment claims at a Council meeting.
Mr Lander said that Ms Branson had approached Mr Scarce and called on him to resign or risk being stood down by the Council.
Mr Scarce resigned on April 27, and Prof Rathjen took leave on April 30, both acting ahead of a Council meeting.
“The chancellor was given a fait accompli,” Mr Lander said. “If he did not resign he would be stood down. That would have been extraordinarily embarrassing for him.
“ ... he elected to put the university’s interests above his own by resigning.”
In a statement, Mr Scarce welcomed conclusion of the inquiry and expressed his “sincere regret for the hurt and embarrassment caused to the two women”.
“Any allegation of sexual harassment is among the most serious of any workplace complaint and must be treated as such,” he said.
Ms Branson said the university was distressed by Prof Rathjen’s behaviour but was pleased there were no adverse findings against any other staff or officials.
She denied forcing Mr Scarce to resign. “I did not give the then chancellor any ultimatum,” she said.
Instead she believed it would be appropriate for him to step aside during the inquiry.
Ms Branson said the university would adopt all of Mr Lander’s recommendations and would appoint an external person to audit the university’s practices and policies. Behaviour such as sexual harassment “must be weeded out”, she said.
Ms Branson said she had not spoken to the women involved but would do so if they requested a meeting.
She did not regret a payout made to one of the women and said Prof Rathjen had been paid out a “diminished” amount when he resigned citing ill health. It is understood he earned more than $1m a year.
Mr Rathjen first took leave in May and then resigned from his post on July 20.
Mr Lander announced he was holding an inquiry on May 7.
He said while it was not his normal practice, he acted because there was intense speculation about the university which “will continue and potentially lead to an unnecessary negative impact on the university’s operations”.
He stressed he was not investigating allegations corruption. His investigation was into potential issues of serious or systemic misconduct and maladministration.
Mr Lander is due to retire from the post at the end of the month, with former Supreme Court Justice Ann Vanstone appointed to replace him.
Prof Rathjen, who was appointed vice-chancellor in January 2018, pushed a strategic direction for the university to be focused internationally.
He travelled to promote the strategy, including attending university events in Shanghai and then Hong Kong in March 2019.
The university is now being run by Prof Mike Brooks, who has said the university faces a major financial shortfall of $250 million over two years because of coronavirus restrictions affecting international students. Staff have since voted to accept a temporary pay cut to save jobs.
The university does not publish remuneration of individual staff. However, its 2019 annual report listed one member of the senior executive earning over $1 million.
Rear Admiral Scarce brought forward his retirement to May 4.
The university appointed former Federal Court judge Catherine Branson as its new chancellor.