June 24, 2014

Dr. Patrick Larming

c/o Randall B. Acker
Acker & Associates PC
525 SW Jackson St
Portland, OR 97201
Community College
J'ia UPS Overnight
Re: President's Findings of Sexual Harassment Referral-Dr. Patrick Lanning
Notice of Employment Action
Dr. Lanning:
This notice is being provided to you pursuant to the Chemeketa Community College Handbook
for Exempt Employees Sections 13, 14, and 33, as set forth in the Administrative Handbook for
Exempt Employees, a copy of which has been provided to you previously.
On February 10, 2014, Manuel Guerra, a Title IX coordinator for the college made a referral to
me concerning his observations and concern that you had violated the college harassment and
sexual harassment policies toward a subordinate employee, - at an employment
related conference on February 6 and 7, 2014.
On February 10,2014, I provided to you a notice, as your direct supervisor, that you were placed
on administrative leave with pay pending completion of an investigation into whether you may
have engaged in improper behavior.
On February 14, 2014, I provided to you a further notice, as your direct supervisor, that the
college had received allegations that you may have engaged in behavior that is prohibited by
college policy. You were further advised that pending the results of the investigation, you were
placed on paid administrative leave effective February 10, 2014.
An investigation into the allegations contained in the verbal referral by college legal counsel,
Mark B. Comstock, commenced, but in accordance with a request by the Port of Portland Police,
no witnesses were contacted until after March S, 2014. All employees with any knowledge
relating to the matter, including you, were interviewed, as available between March 7, 2014 and
April 30,2014.
On March 11, 2014, your attorney, Randall B. Acker contacted the college legal coWtSel and
requested a copy of the college's harassment policy in advance of a meeting with college legal
cowisel's investigator, Craig Stoelk.
Location: 4000 Lancaster Drive NE, Salem, OR
Mailing Address: PO Box 14007, Salem, OR 97309-7070
General Information: 503.399.5000 chemeketa.edu
CHEMEKETA 000062
Dr. Patrick Lanning
June 24, 2014
age2
n March 11, 2014, college legal counsel provided to your legal counsel a copy of the college
rochure relating to its harassment policy, as well as policies 1750, 1751, 1752, 1753, and the
ssociated regulatory procedures for the college's implementation of the policies.
your statement to college legal counsel's investigator, Craig Stoelk on AprilS, 2014, you
cknowledged that you had received an orientation which included information relating to the
olicies and that you had access to the policy material and know how to access the policies and
rocedures through the college intranet. You specifically acknowledged familiarity with the
liege policies relating to sexual harassment, harassment, consensual relationships, and
espectful college community.
ou received, through your counsel, a copy of a tort claim notice provided by an attorney
epresenting - concerning allegations of sexual abuse and sexual contact during the
vening of February 6 and 7, 2014 between you and-
ou received, through counsel, a copy of my June 4, 2014 notice concerning possible
mployment action up to and including termination of your employment contract and any
newals with the college together with a copy of the President's Findings re Sexual Harassment
eferral- Patrick Lanning and its attachments.
ou, and your attorney Randall B. Acker, exercised your rights to provide infonnation and input,
oth written and oral, to me, and to incoming interim college president Julie Huckestein
ncerning the findings, the notice of proposed employment action and the potential sanction
ermination of your employment contract and renewal of that contract. You acknowledge that the
une 18, 2014 meeting was your opportunity to provide information and input to me, as your
irect supervisor and the college president, concerning the report :findings, and the possible
mployment action
ou provided no written documents at the meeting on June 18, 2014, for my consideration.
You provided the following verbal input at the meeting on JW1e 18, 2014, individually, and
hrough counsel:
1. You stated that the College Counsel's investigator was not accurate or complete in
what was stated in the findings. In particular you stated:
a. Witnesses do not indicate Dr. Lanning put his arm around-
b. The backrub was intended as "therapeutic," not anything else.
c. was "leaning into him" during the backrub.
d. had no eye contact with him during backrub.
e. The backrub was not "unwelcome."
f. The backrub lasted only about five minutes.
g. Witnesses said that-was not uncomfortable by the backrub.
h. doesn't remember whispering.
i. indicated to Dr. Lanning that the backrub "felt good."
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Dr. Patrick Lanning
June 24, 2014
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j. You were "caught off guard" by-grabbing and squeezing your knee
and penis.
k. Dr. Lanning got up to pay for the drinks to bring closure to the evening.
I. never indicated his contact was unwelcome.
m. had indicated to Mr. Guerra that she was dissatisfied with her pay
the reclassification of her position, in a conversation earlier in
the day.
n. -was being "flirtatious" in the bar.
o. Dr. Murray reported was draped over Dr. Lanning.
p. Mr. Guerra reported hands were in Dr. Lanning's lap at the
bar.
q. Mr. Hallett indicated that Dr. Lanning said he was concerned about the effect
of the reclassification on-position and that the accusation was an
attempt to get back at him.
r. Mr. Hallett, the only lawyer observer did not think that the conduct he
observed was in violation of the policies.
s. Dr. Lanning's two calls to went to voice message.
t. Dr. Lanning called directly to room, not through the hotel desk
clerk.
u. invited Dr. Lanning to her room.
v. let Dr. Lanning into the room.
w. was the aggressor to Dr. Lanning.
x. Dr. was not "pushing" drinks on-in fact, - made
fun of Dr. Lanning for not drinking earlier in the evening.
y. Mr. Guerra indicated that-was "Okay" in the hallway.
z. The hotel cameras do not room.
aa. Dr. Lanning was not asked by the investigator if he took the stairs between
floors, instead of the elevator.
bb. Dr. Lanning went to his car during the period after midnight.
cc. Dr. Lanning did not stay in-over two hours.
dd. Dr. Lanning did distance himself In-hotel room from her after he
moved her onto the bed.
ee. - specifically did not want Dr. Lanning to talk to -or
about what went on in the hotel room-she was aware of what was going on.
ff. Dr. Lanning ha-; honored the "no contact" order, thus not able to divulge the
relationship under the Consensual Relationship policy.
2. The College application of the facts to the policies identified do not follow, in
particular:
a. there was never any condition of-employment threatened.
b. all of the contact alleged was after hours.
c. there has to be more than merely unwelcome contact, it must be pervasive
d. -wastheaggressor.
e. The College Respectful Environment policy was not violated, - was-
the aggressor, Dr. Lanning was attempting to be "respectful" of her actions.
Chemeketa Community College chemeketa.edu
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Dr. Patrick Lanning
June 24,2014
4
3. The sanction of tennination of Dr. Lanning's contract and renewal contract is too
great a sanction for the alleged acts:
a. there is no pattern ofbehavior-Dr. Lanning has never been disciplined.
b. Dr. Lanning should remain as Yamhill Valley campus president, but give up
title of"Chief Academic Officer."
c. Dr. Lanning should not supervise or have any line of authority over-
have taken into account all of the information you provided to me, and argument provided by
attorney, as well as your explanations for your conduct on February 6 and 7, 2014 toward
at the 2014 Student Success and Retention Conference held in Portland. I have further
tevteVIted the President's Findings re Sexual Harassment Referral - Patrick Lanning in its
lantiTPilv as provided to you on June 4, 2014. I have reviewed the college policies and the
history in relation to allegations of conduct found to have violated the college
parassJmeJrlt policy and sexual harassment policy, as well as your personnel file and employment
with the college.
have fully considered your explanations and arguments in relation to the President's Findings re
Harassment Referral - Patrick Lanning and the recommended employment action as
in my notice to you dated June 4, 2014.
do not see the report to Mr. Guerra or the tort claim notice as a ploy by-or others to
tet!lltalte for not obtaining reclassification of her job or an enhanced pay mte and accept Mr.
s characterization of their conversation.
have considered your experience as a senior administrative official of the college,
last two years serving as the Yamhill valley campus president and chief academic officer of
college. You have, by your lack of judgment and actions, placed the college in a situation
I can only find that your conduct has violated two of the core college policies affecting the
.,.., ... ,..,..,.., environment, and most particularly, an employment relationship within the college.
1750, the Harassment policy provides:
"Chemeketa Community College is committed to maintaining a
workplace in which everyone can achieve their full potential
without being impeded by unlawful discrimination or harassment.
The intent of this policy is to impress upon everyone at every level
the seriousness of this commi1nlent and strongly encourages
everyone to report any conduct that they perceive to be
discriminatory or harassing in nature."
1751, the Sexual Harassment provides:
"Sexual harassment is a violation of state and federal law and is
strictly prohibited at Chemeketa Community College. Sexual
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Dr. Patrick Lanning
June 24, 2014
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conduct or communication is inappropriate on college owned
and/or controlled property or college events.''
Both of these policies are applicable to all college employees and students, anyone serving in a
supervisory capacity on behalf of the college, vendors and members of the general public.
potential sanctions include, "any employee engaging in behavior prohibited by this policy is
subject to discipline that may include termination, subject to any association contraet state or
lte<ier:illlaw."
policies identify a hostile environment as "inappropriate behavior that is gender related and
an environment that is hostile, intimidating or offensive."
Conduct that violates these policies is "severe or pervasive and has the purpose or effect of
interfering with any individual's work or academic perfonnance; or creating an
intimidating, hostile, or offensive work or academic environment."
College policies contain specific examples of behavior that violate these policies including:
"encroaching on a person's physical space;
unwelcome touching;
repeated unwelcome social invitations, phone caUs, texting, social media contact, emails
or notes."
fmdings, based upon your own comments and the statements of others present, establish that
engaged in unwelcome touching of-at the conference, in the fonn of a
backrub before and later, an interaction in-hotel room.
Findings establish you a back rub that was described by some of-
your co workers present as type that would cause observers to hate to be observed
their own spouse in such a display of conduct." Other co-worker observers had a perception
and - were in a relationship. You characterize the backrub as ''therapeutic."
squeezed your leg and abruptly got up, which caused observers to question if she was
went to pay for the drinks. Mr. Guerra walked-back to her room.
immediately reported to Mr. Guerra and later to Dr. Murray that your backrub was
lunwellcome and-stated she did not want to have any contact with you. Neither you nor
attorney Mr. Guerra or Dr. Murray reported that-told them.
acknowledged that Mr. Guerra told you that-was "Okay." Ms. Guerra indicates
he told you that '-was ill and needed to sleep." You do not challenge that this
lco:nvc:n-sllltion between you and Mr. Guerra took place in the hallway outside- room
in camera view of hotel elevator cameras shortly after midnight on February 6, 2014.
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Dr. Patrick Lanning
June 24, 2014
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admit that you called- room, and attempted to contact her in her hotel room at
four times after midnight on February 7, 2014. This is after-specifically informed
INUmuet Guerra and Susan Murray that your conduct previously in the evening was unwelcome
she did not want to have any interaction with you further. You acknowledged that you called
room at least twice, and then came to her room twice after the conversation with Mr.
being told-was "Okay''. Despite being told by Mr. Guerra that-
not feeling well and needed to sleep, you continued to attempt to contact her and ultimately
Job1tauted access to-room.
your own statement, you assert that - engaged in sexual activity by hugging you
she was partially unclothed, placing her hands into your pants until you ejaculated, and
you "rolled her onto the bed" and was on top of her, until you moved to the acent bed to
to her, all under the explanation that you were concerned for safety and
lne1rceived a danger of alcohol intoxication. However, you acknowledge, did not
to be impaired by alcohol consumption. The contact in the hotel room was you
lap]p&r4entJLy disregarded your colleagues, Mr. Guerra and Dr. Murray's observation and contact
shortly before.
assertions that-was the aggressor, and that you were only in-room to
1mqwre of her physical condition, are simply not credible in light of the sequence of events, the
that you appear to be in her hotel room, and what you state occurred. Your explanation that
did not remove yourself from - room or alleged embrace because "it would be
is not credible. A reasonable person, particularly a reasonable experienced
'C!'"" ... ..,lric.! ........ would not place himself in such a position, much less engage in prolonged intimate
mh,rC!tr.AI contact such as you describe in your statement, if you were only concerned with a
physical well-being.
have repeatedly stated that, "you were invited to-room,, and that
room number." Yet, no one in the assembled party reports any such invitation or-
. her room number to you.
view of your actions, it is apparent that you exercised extremely poor judgment as a
and took no precaution to safeguard yourself or the college by having another
Jcnn'\PMlltC!,, ... present, or at minimwn contacting Ms. Murray, who was present to inquire ofll
condition if you were so concerned. A reasonable supervisor exercises the judgment to
the potential of unfounded allegations.
Findings and your statements establish the basis of most of what occurred, as-has
very little in relation to what went on in the hotel room, due to her asserted lack of
jmeJmoJr:y. Your statements establish that you engaged in repeated unwelcome physical contact
she had reported to College officials the unwelcome nature of the contact, and you were
that "she needed to sleep." Yet you repeatedly telephoned and went to her hotel room,
which you had additional physical contact with her. A reasonable person would consider
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Dr. Patrick Lanning
June 24, 2014
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his repeated unwelcome physical contact harassing, offensive and a severe invasion of her
hysical space and person.
t is basic that every person, especially an employee on a required College assignment, is entitled
o the safety of her person and her hotel accommodations during college employment required
conferences. Your conduct has violated these basic principles.
You do not seem to grasp the concept that for a supervisor, such as yourself, to touch a
subordinate employee's person in an overly familiar manner in the presence of co-workers or to
gain access to a hotel room late at night is the exercise of power and authority over the
subordinate employee, such as - that may be perceived as an implicit tenn of the
employment relationship. It is the implicit authority to engage in an over-familiarity of personal
contact such as a 'backrub', or late night access to an employee's hotel room that diminishes the
subordinate's ability to carry out the employment functions that has a severe effect on the
workplace and may unreasonably interfere with the employment of the subordinate.
I adopt the Findings and conclusions that your conduct violated the college harassment policy,
policy 1750, and the sexual harassment policy, policy 1751, during the interaction with a
subordinate employee on February 6 and 7, 2014. I find that your explanations do not establish
that your conduct did not violate the harassment policy or the sexual harassment policy, or is
excused by the Consensual Relationship policy, Policy #1753.
I have also considered your history with the college, and what the college bas done in similar
situations. You have not been subject to prior discipline. However, the College has transferred or
tenninated employees for a single instance of similar behavior towards others in the campus
setting.
I find that termination of your contract and any renewal contract is appropriate as your conduct
has violated core college policies resulting in a severe hostile work environment for a
subordinate employee.
It is my decision that your contract is terminated effective June 30, 2014, and that the renewal
contract offered to you in March 2014 for the period July 1 through September 30, 2014 is
terminated.
Pursuant to the college Administrative Handbook for Exempt Employees, Sections 13, 14, and
33, you have an option to appeal my decision to the Board of Education and have my decision
reviewed by that Board. Please contact college legal counsel, Mark B. Comstock, and advise
him if you wish to exercise this opportunity to have my decision reviewed by the College Board
of Education no later than June 30, 2014.
Chemeketa Community College chemeketa.edu
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Dr. Patrick Lanning
June 24, 2014
ageS
ou will be contacted by a human resources representative concerning any rights that may exist
or extension of health insurance under COBRA or other employment benefit programs.
r. C e l Roberts
olleg resident
Chemeketa Community College
Chemeketa Community College chemeketa.edu
CHEMEKETA 000069