Hamilton speaks out on firing and investigations

Two investigations into sexual harassment allegations by former athletic director Darren Hamilton, who was fired by Eastern Washington University after seven months, were found to be unsubstantiated and more likely not to have happened, according to the findings of the investigation acquired by The Easterner Tuesday.

The first incident was filed by Chris Hansen, a current temporary volunteer Football Coach at EWU, on behalf of another individual on December 19, 2006. This incident was found by investigators to not meet the principle of a "third party" sexual harassment complaint.

According to the inquiry, the female didn't want to submit a complaint, but Hansen insisted that he would.

When the investigator asked if the incident will make the workplace uncomfortable, the female answered, "Yes, but only because it is being addressed. Had Chris [Hansen] not said anything, it wouldn't be an issue."

"She doesn't want to say anything," Hansen told investigators. "She won't know what to say. I am filing this complaint because we can't have a predator in this family."

Following the investigation, the findings were briefly summarized in the document: "It is more likely than not something may have happened. Whatever happened did not rise to the level of sexual harassment and certainly did not rise to the level of third party sexual harassment.

The lack of consistency and cooperation in the complaint leads to questions of the motivation to file, and the validity of the complaint. Dr. Hamilton provided information indicating there were managerial issues in the days just prior to and directly after the Dec. 13, 2006 party. Dr. Hamilton wrote, "There was a disagreement in the football schedule that affected Chris Hansen and the football coaching staff."

The second complaint alleged that Hamilton kissed a female coach on the cheek inappropriately. The alleged kiss took place under a mistletoe and the female listed the following as possible witnesses to the occurrence: a blonde physical education teacher, Karl Howell, Kyle Hoob, Joe Wade and "other football people named Ramson and Schmidt."

In the initial interview with investigators, the second female stated, "It was not that big of a deal. I'm not looking to get him fired."

In the interview to follow, the female was asked, "What should be done to people who do things like this?" In response, she said, "It will escalate, I don't know. They should be fired."

In the final interview with the female, her testimony escalated to, "I would like a full investigation to occur as well as the Athletic Director removed from this institution."

In her testimony, the second female identified several witnesses that may have seen the occurrence. The investigator found that a majority of the people she listed were not in attendance.

"[The alleged victim] identified Karl Howell and Kyle Hoob, Joe Wade and "other football people named Ramson and Schmidt," as potential witnesses. Mr. Wade was not at the party, there are no persons named Ramson or Schmidt in the football program or the guest list. Mr. Hoob and Mr. Howell saw nothing. In a house full of people no one witnessed Dr. Hamilton kiss Ms. Wood, nor did they remember seeing him in the general vicinity at 9:15 p.m."

"[The Alleged victim] described an additional witness as a blonde woman (Physical Education teacher) in the dining room talking with Dr. Hamilton. She could not be found. There were no blonde female professors, associate professors or lecturers from the Physical Education Department on the guest list. No witnesses have come forward to report this alleged incident."

"It is more probable Dr. Hamilton was not present in the dining room when Ms. Wood departed; as a result, there were no witnesses to the alleged kiss on the "right" cheek, under the mistletoe at approximately 9:15 p.m. on December 13, 2006. This complaint is unsubstantiated. It is more probable that Dr. Hamilton did not kiss Ms. Wood as alleged."

In fact, three witnesses provided testimony to the whereabouts of Hamilton at approximately 9:15, stating that he was downstairs playing pool at the time the kiss allegedly took place.

Sherry Hamilton, Darren's wife, confirmed in the report that she actually accompanied the female to the door at the time the alleged kiss took place. "[Mrs. Hamilton] helped [the alleged victim] find her coat, accompanied her to the door, and said goodbye at approximately 9:15 p.m. Mrs. Hamilton verified that Dr. Hamilton was not present in the dining room or near the front door when [alleged victim] departed."

Mrs. Hamilton also told investigators that the alleged victim started "acting funny" when a coach arrived. That coach was identified by her as Chris Hansen, who filed the initial complaint against Hamilton.

In conclusion, the findings indicated that, "A single, alleged, "kiss on the cheek" at a Christmas party, under mistletoe, saying goodbye, etc… would not constitute an act of Hostile Work Environment Sexual Harassment. Acts of Hostile Work Environment Sexual Harassment must be so pervasive, as the name implies, as to create an intimidating and offensive work environment, and/or alter the conditions of employment. At best, this type of act might be considered inappropriate if it happened."

Dr. Hamilton described the Christmas party where the alleged complaints occurred as follows: "It was an event to get prospective donors around athletic department members and university members. The president was there, vice president, there were a couple deans there, faculty, coaches, athletic administration staff and of course prospective donors and current donors. It was a catered event by Eastern Washington. It was an event that was very social in nature, there was wine, beer, tex mex, egg rolls, the whole nine. It was fun and it was a professional Christmas party."

Dr. Hamilton was removed from EWU following meetings with President Rudolfo Arévalo on March 14 and 15. "On Wednesday, March 14 was the first time having a conversation with the president about anything quoted as a bullying management style. That meeting was about a half hour," Hamilton said. "Then we met for about 15 minutes on the next day. It was quoted that we had "long discussions." It could've been long to some, but long is a subjective term. I didn't personally think it was a long discussion but we decided to part ways. It wasn't after one day discussions in my opinion. There were changes that were needed in the athletic department. I was told to do three things by the president, balance the budget, which had a $252,000 deficit in fiscal year FYO5, $264,000 deficit in FYO6 and there was a projected $322,000 deficit for this year. If people were saying I was micromanaging, you're talking about three years in a row with deficits, how else are you going to make those corrections without questioning some of the expenditures."