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Thursday, October 21, 1993
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The "simple facts" according to Emil Tonkovich
TONKOVICH
SEX ACT
Continued from Page 1.
ET: "The committee findings were that the principal allegation was consensual sex, which was not prohibited at the time."
KU: In the summary of the committee's final report, the committee determined unanimously that a sexact occurred, and it found by a 4-1 vote that the McVeyallegationconstituted moral turpitude as described in the faculty code and an act of sexual harassment.
The committee said in the report:
"The Committee finds that by engaging in sexual intimacy with Ms. McVey, Professor Tonkovich did not adhere to his proper role as intellectual guide and counselor and did not avoid exploitingMs. McVey for his private advantage. Thus, the Committee unanimously concludes that Professor Tonkovich has violated the ethics requirements of the KU faculty code."
MCVEY'S PAST
ET: It never was published that Tammee McVey was 28 years old, divorced and had previous job experience at the time of the alleged incident. "She was portrayed as an 18-year-old girl who had just come in from Western Kansas. Her marital status and age were not at all represented by the media. Clearly there is a distinction between a girl just out of high school and this situation."
KU: In the University's closing statement at the hearings, Associate General Counsel Rose Marino said:
"Tammee McVey was a first-year law student in the summer of 1988. Yes, she was 27 so she was a few years older than students traditionally are. Yet, she had graduated from a small school of 500 students before she came to KU with its 25,000 students. She had graduated one day from her undergraduate studies before she drove to Lawrence where she knew no one and she began her law studies that same week."
ET: McVey did not make the allegation to anyone at the University until three years after the alleged incident took place.
REPORT DELAYED
KU: From the committee's final report:
"Ms. McVey testified that the effect of this July experience [the alleged harassment] was both immediate and long-lasting ... She was unable to tell anyone until July 1991, three years after the event ... because she felt so degraded and ashamed, that it was her fault, and that she had used bad judgment. She also made the decision to put it behind her, pretend it did not happen, and not let it interfere with getting her law degree."
ET: McVey changed her story one month after initially reporting it to Robert Jerry, dean of the law school.
NEW STORY
KU:"On 20 May 1991, the day after graduation, Ms. McVey tried to tell Dean Jerry about the incident but he treated two other students so harshly she determined she did not want to tell him. She told him that Professor Tonkovich had directed what she felt was 'inappropriate behavior towards her' in 1988 but she did not want to discuss the specifics. Dean Jerry translated this into 'Made a pass at her.' On 29 June 1991 Ms. McVey went to the Affirmative Action Office and told Dr. Tom Berger the details of the allegation."
The committee report on the Robyn Steffes allegation said: "Because Ms. Steffes was already ready of Professor Tonkovich, it is probable that being touched by Professor Tonkvich did create an uncomfortable and hostile environment even though Professor Tonkvich's intentions were not clear. The Committee concludes that Professor Tonkvich . . . violated commonly accepted standards of professional ethics of the Faculty Code of Conduct."
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"On May 17, 1991, on the last day of finals, at Louise's Bar, Professor Tonkovich engaged in unwelcome touching of law student Robyn Steffes, by grabbing and squeezing her hand and asking her three times, 'Who's your favorite teacher?' after she had named another law professor."
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KU: The second code violation regarded an allegation described in the formal complaint filed by Chancellor Gene Budig:
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ET: Of the other 19 allegations of harassment, the committee found only one allegation to be a code violation, and "it was patently frivolous."
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