ROCHESTER, N.Y. — The men and women who filed EEOC complaints against Dr. Florian Jaeger and the University of Rochester call the report the U of R paid for with Mary Jo White “inadequate and flawed” in a rebuttal report released Monday by the McAllister Olivarius law firm.
The 44-page rebuttal claims the White investigation and report that the U of R paid $4.5 million for was a waste of money for the university—a report that lacked credibility and even misstated the law.
On January 11, former U.S. Attorney Mary Jo White released the report so many had been waiting to hear. The University of Rochester hired White and her law team to take an independent look at sexual harassment allegations against U of R Brain and Cognitive Sciences Professor Dr. Florian Jaeger.
After three and a half months of investigation, White and her special committee found that while Jaeger's conduct was at times inappropriate, unethical and unprofessional, it did not violate the university's sexual harassment policy or law. That includes Jaeger's sexual relationships with faculty and students.
White's report also found the university did not retaliate against those who complained.
But the rebuttal report released Monday finds that Jaeger's acts created a hostile work environment for women at the university. And it challenges some of White's legal standards used to define hostile work environment and retaliation.
The rebuttal says White's report was also picking and choosing the facts that hurt the complainants and helped the university, and did it all without ever speaking to the complainants themselves who could not talk because of the pending lawsuit.
The rebuttal states: "While one must admire the Report for the work invested, its lavish use of top-drawer lawyers and private investigators, clear writing and polish, the investigation behind it was nonetheless rickety, lacking transparency and visible standards."
McAllister and Olivarius' rebuttal report ends by stating that its clients take no pleasure in having to air the problems, but that they tried at least 29 times to get the university to address them.
It says the White report was fundamentally wrong and misleading and comes from a company that has a long track record of using special investigations of this sort to get companies out of trouble.
In a response statement, Debevoise & Plimpton said: "We stand behind our work and have no comment on the continuing litigation."
The U of R issued a statement:
"The University is moving forward on implementing the recommendations of the White Report and making sure that our policies and procedures reflect best practices and that our campus climate is respectful and welcoming. This progress is essential to the wellbeing of our students, faculty and staff who want nothing more than to focus on their purpose at the University.
This latest document from McAllister Olivarius is yet another attempt to litigate this matter in the media and to repeat false allegations. In so doing, this law firm is distracting the University from its efforts to create meaningful change, both in practice and culture. McAllister Olivarius should let the legal process – a process that they initiated – play out through the courts.
The University has recently undertaken in earnest several actions in response to the report, including:
- the launch of a website “Cultivating a Culture of Respect,” which will regularly update progress on implementing report recommendations and other efforts to improve climate;
- a new Board of Trustees committee to oversee implementation and compliance with deadlines;
- working with the Faculty Senate and the Commission on Women and Gender Equity in Academia as they develop their own recommendations;
- laying the groundwork for a new Cabinet-level role to strengthen and coordinate activities across campus related to diversity, equity, and inclusion.
We also look forward to hearing from the Student Task Force to Review Sexual Misconduct Policy, which is planning to publish their own set of recommendations next month."