Click here for Center for Human Rights Report A WSU professor faces counseling and a lawsuit after the university’s human rights office found he sexually harassed a student last spring.

A Center for Human Rights final report released on April 1 stated Bernardo Gallegos, a College of Education distinguished professor in Pullman, harassed a graduate student in February.

The CHR report states: “CHR’s findings, including the credibility findings in favor of the complainant and against [Gallegos], and the totality of the circumstances in this case, compel the conclusions that [Gallegos]: violated the Washington State University Discrimination and Sexual Harassment Policy as Complainant alleged.” The report recommended disciplinary action and counseling for Gallegos as well as a sexual harassment program for the education department to avoid similar incidents in the future.

Judy Mitchell, dean of the College of Education, wrote Gallegos a letter on Aug. 29 with expectations that he seek outside counseling through Salisbury Consulting before Sept. 17. Gallegos would not confirm his attendance or comment because of a pending civil lawsuit from the complainant.

Mandatory sexual harassment counseling was also scheduled for all faculty, staff and graduate students in the department, Mitchell wrote.

Gallegos also told the administration he would not contact the complainant.

“I understand that I have your assurances that you will avoid any behavior that gives even the appearance or implication of a relationship prohibited by WSU policy,” Mitchell wrote.

The complainant, a graduate student in the College of Education, initially asked Gallegos to chair her program of graduate study because she respected his accomplishments, according to the CHR report.

Gallegos and the complainant met at a local coffee shop to talk about adjusting to graduate school on Feb. 1. The complainant recommended the shop because it was public, according to the report. Gallegos later suggested they go to his home so she could see some remodeling he had done. The complainant said in the report that she did not want to go, but agreed because he was her professor and she needed his help.

In the report, the complainant said Gallegos tried to “set the mood” with lit candles and wine when they arrived. She also told CHR investigators that Gallegos said he was attracted to her. The complainant said Gallegos then wanted to know what she thought about him. He also said he would not be “all over her,” which prompted her to say she wanted to leave, according to the report.

In a description of the event, the complainant said: “While we were walking out toward his car he was walking too close to me, violating my personal space and when I turned around to respond to him he grabbed my face with his left arm. I then retreated immediately and walked toward Gallegos’ vehicle and he chuckled and said if I was going to tell [name removed], my husband, I told him that if I felt like telling him I would.” During the drive back to the coffee shop to pick up her car, Gallegos touched her hand while he described how he had problems with a woman in the past and did not want it to happen again, according to the CHR report. Gallegos denied the allegations in the report. The CHR report states Gallegos’ sequence of events was consistent, but not completely credible.

“His version seemed carefully calculated to deflect any suggestion of inappropriate behavior with respect to every allegation, even before he had received a written copy of complainant’s statement,” the report stated.

Recommendations of final reports are given to the different administrative and academic parties involved, CHR Director Raul Sanchez said.

“We write the report on an investigation,” Sanchez said. “We then provide copies to the provost and the respective deans and chairs of the department. Our office is a fact-finding office, the procedures are up to the supervisors.” Sanchez said he is not able to discuss the details of specific reports.

The consequences of sexual harassment are discretionary on the part of the provost’s office. However, they look at CHR recommendations, said Fran McSweeney, vice provost for faculty affairs.

“All of this involves judgment,” McSweeney said. “It [sexual harassment] is a very serious thing. In the worst case scenario, it could mean revoking tenure and firing.” McSweeney said the department waited to take action because Gallegos was not teaching during the summer.

Gallegos was recruited from the University of Illinois-Chicago in 2004. Victoria Chou, UIC College of Education dean, said no official complaints were filed against him while he was there.

“He left with a very clean record,” she said.

Click here for Center for Human Rights Report