University of Tasmania seeking dismissal from Peter Rathjen sexual misconduct lawsuit
UTAS remains tight-lipped about a lawsuit which claims the university is vicariously liable for assaults allegedly perpetrated by former vice-chancellor, Professor Peter Rathjen.
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The University of Tasmania remains tight-lipped about a sexual misconduct lawsuit brought against it by a former staff member, who claims UTAS is vicariously liable for assaults allegedly perpetrated by former vice-chancellor, Professor Peter Rathjen.
As exclusively reported by the Mercury on Tuesday, Prof Rathjen is facing civil action in the Supreme Court of Tasmania, where an ex-colleague is seeking damages after allegedly being groped by the former leader at multiple UTAS functions in 2016 and 2017.
While the University declined to comment on the matter on Tuesday, defence pleadings prepared on its behalf by top Sydney silk, Kylie Nomchong SC, deny many of the plaintiff’s claims, and seek to have the matter dismissed.
In the documents, seen by the Mercury, UTAS denied any of Prof Rathjen’s alleged conduct had taken place in the scope of his employment, and said the plaintiff’s statement of claim had been lodged after the three-year statute of limitations period had expired.
In denying it had breached the plaintiff’s duty of care, the university strongly rejected allegations it had not provided a safe workplace for staff.
“(UTAS) says there were reasonable and appropriate systems in place to minimise the risk of employees being subjected to sexual harassment including policies, mandatory training and a complaints system,” the defence pleadings read.
The university also indicated it was seeking legal costs from the plaintiff.
Documents provided to the Mercury by the Supreme Court did not include any defences filed by Prof Rathjen.
Former UTAS boss facing sexual misconduct lawsuit
Initial: Disgraced former UTAS vice-chancellor Professor Peter Rathjen is facing a sexual misconduct lawsuit in the Supreme Court of Tasmania, with a former university employee claiming they were groped by the ex-leader at multiple UTAS functions.
In Supreme Court documents seen by the Mercury, the complainant has also sued the university, claiming the institution had failed to provide a safe workplace, and had “actively dissuaded” the individual from making a formal complaint during an investigation into Professor Rathjen’s behaviour during his tenure.
The plaintiff also claimed UTAS failed to perform adequate background checks during the recruitment process from which Professor Rathjen was ultimately appointed vice-chancellor in 2011.
Legal reasons prevent the Mercury from reporting the identity of the complainant who has brought the civil case, which recently came before Associate Justice Michael Daly in Hobart.
In a statement of claim filed with the court, it is alleged that Professor Rathjen and UTAS both breached their duty of care to protect the plaintiff from “assaults, non-consensual sexual contact, or sexual harassment.”
The claim identifies three separate UTAS functions in 2016 and 2017 at which Prof Rathjen allegedly touched the plaintiff “in a variety of ways that were, or what a reasonable person would construe as being, acts of assault, non-consensual sexual contact and/or sexual harassment.”
The third incident allegedly took place inside Professor Rathjen’s home, during a function at which the plaintiff claims to have been groped on two occasions.
Prof Rathjen remained in University of Tasmania’s top job until 2017, and returned to his hometown in 2018 to become the University of Adelaide’s vice-chancellor.
In mid-2020, a day before South Australia’s corruption watchdog revealed it was investigating allegations of inappropriate conduct against him, Professor Rathjen announced he was taking “indefinite leave” from the prestigious role.
The Independent Commissioner Against Corruption, Bruce Lander, later found that Professor Rathjen had committed “serious misconduct” against two female University of Adelaide colleagues during a 2019 work trip, had lied about his behaviour to superiors, and had also been untruthful giving evidence to the ICAC inquiry.
Following the findings, UTAS launched its own independent review into the period of Professor Rathjen’s leadership in Tasmania.
The inquiry, conducted by Melbourne-based barrister Maree Norton, received 11 complaints, three of which related directly to Professor Rathjen, and another eight about broader workplace culture concerns during his tenure.
In December 2020, then-UTAS chancellor, former Premier Michael Field, admitted the university had failed in its responsibility for people’s wellbeing.
In defence documents lodged with the Supreme Court, the University of Tasmania claims that all of the conduct complained of by the plaintiff had occurred more than three years prior to the filing of the statement of claim in 2023, and was therefore barred under the Tasmanian Limitation Act 1974.
The university also submitted it had appropriate processes in place for the making of confidential complaints, and that when it became aware of reports of misconduct by Rathjen at the University of Adelaide in 2020, had launched the Norton review.
“As a result of that process, (UTAS) revoked the Honorary Degree Doctor of Letters from (Rathjen) on 30 August 2023, removed the reference to this from the (UTAS) website and removed a plaque with his name on it from the University premises,” the UTAS defence statement reads.
Documents provided to the Mercury by the Supreme Court did not include any defences filed by Professor Rathjen.
The current civil case involving Professor Rathjen and the University of Tasmania is expected to return to the Supreme Court in coming weeks.
The University of Tasmania was contacted for comment.
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Originally published as University of Tasmania seeking dismissal from Peter Rathjen sexual misconduct lawsuit
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