UTAS in gun as plaintiff considers dropping former VC Peter Rathjen from sexual misconduct lawsuit
Former UTAS vice-chancellor Peter Rathjen could be dropped from a sexual misconduct lawsuit, as the complainant considers solely going after the university.
Tasmania
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Former UTAS vice-chancellor Peter Rathjen could be dropped from an ex-colleague’s sexual misconduct lawsuit, with the complainant now considering an exclusive pursuit of the University of Tasmania, the Supreme Court has heard.
The plaintiff, a former UTAS employee, is seeking damages after allegedly being groped by the ex-leader at three work functions in 2016 and 2017.
In a statement of claim filed with the Supreme Court, the plaintiff alleged that both Prof Rathjen and UTAS breached their duty of care to protect her from “assaults, non-consensual sexual contact, or sexual harassment” during the course of her employment.
The complainant alleges that the university was “vicariously liable” for assaults allegedly perpetrated by the former vice-chancellor.
But during a preliminary hearing before Associate Justice Michael Daly on Monday, the complainant’s legal team suggested the ex-staffer may not proceed with her action against Prof Rathjen himself, and instead focus on the second named defendant, the University of Tasmania.
“The plaintiff will decide in due course as to whether the first defendant will be served,” Hobart lawyer Audrey Mills told the court.
Legal reasons prevent the Mercury from reporting the identity of the complainant who has brought the civil case.
The women’s claim identifies three separate UTAS functions at which Prof Rathjen allegedly touched her “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 Prof 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, before returning to his hometown in 2018 to become University of Adelaide vice-chancellor.
During the preliminary hearing on Monday, lawyers representing UTAS claimed they remained “in the dark” about the exact nature of the claims being made against the institution, and asked the court to order the plaintiff to provide a clearer set of allegations.
Sydney barrister, Bronwyn Byrnes, told the court that a “degree of particularity was appropriate” to help UTAS comprehend the allegations against it, and prepare possible defences.
“We need the particulars of this case to understand the case against us,” Ms Byrnes said.
The court is also considering recent arguments in relation to a potential extension of time application by the complainant, during which UTAS claimed her case had been lodged after the three-year statute of limitations period expired.
Associate Justice Daly reserved his decision, and adjourned the court.
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Originally published as UTAS in gun as plaintiff considers dropping former VC Peter Rathjen from sexual misconduct lawsuit
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