President's Findings re Sexual Harassment Referral- Patrick Lanning

Overview
On February 6-7, 2014 several staff representing Chemeketa Community College (the
"College'' attended the 2014 Student Success & Retention Conference, held at the Sheraton
Portland Airport Hotel. The College personnel attended the conference as representatives of the
College and stayed overnight at the conference site.
During the evening of February 6, 2014, the College staff gathered for a social activity
after the conference presentations which included attendance at a hosted reception. At the hosted
reception alcoholic bevemges were served. After the reception, several of the College attendees
decided to gather for dinner at an offpsite restaumnt, Famous Dave's Barbecue. While at dinner
additional alcoholic beverages were consumed. After dinner, the College group and others,
gathered for after dinner socializing. Two staff members were observed seated next to each
other in a fashion considered by other staff to be of concern due to their closeness and conduct.
The woman of the two employees appeared to become somewhat intoxicated. Subsequently she
left the gathering and returned to her room. This employee also made statements to a fellow
employee who accompanied her to her room that suggested that this female employee was
concerned about her interaction with the male employee and future contacts with the male
employee by whom she had been seated during the after dinner gathering.
The following morning, the female employee was contacted by her coworkers and found
in a state of distress. She expressed concerns that the male employee had to her room
during the nighttime. After returning home from the conference, the female employee initiated a
police complaint through personnel at Silverton Hospital related to a possible sexual assault
involving the male employee.
The male employee was identified as Patrick Lanning, the chief academic officer and
president of the Yamhill Valley campus. Dr. Lanning is indirectly a supervisor of the female
employee. Also attending the conference were Manuel Guerra, Dean of Student Retention and
College Life, and a Title IX officer of the College. Other personnel in attendance included;
Susan Murray, Executive Dean of Academic Advancement, Jim Eustrom, Executive Dean of
Student Development, and Johnny Mack, Executive Dean of Career and Technical Education.
Port of Portland Police Investigation
On February 7, 2014, on the referral of a hospital nurse at Silverton Hospital, the Port of
Portland Police Department initiated a sexual assault investigation. The Port of Portland police
obtained video surveillance of the Sheraton Hotel which disclosed that-and Mr. Guerra
walked past elevators to where - room was at approximately 11:57 p.m. The video
recording discloses that Dr. Lanning also followed Guerra and- to the elevator at
approximately the same time. Shortly after 12:14 am, Dr. Lanning got off the elevator and
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walked towards the hallway where- room was located. At approximately 2:45 am,
Dr. Lanning is seen getting on the elevator from the hallway where- room was located.
_,olice Interview February 7, 2014
- in her interview that on Thursday, February 6 she attended the first
day of the conference which ended at approximately 5:30 PM. - indicated that
approximately eight employees from the College met for a club level area reception where they
discussed the topics of the conference and consumed alcoholic drinks and snacks. -
stated that as a group they decided to get some dinner and traveled together to Famous Dave's
Barbecue, located at Cascade Station, nearby.
stated that during dinner she consumed an alcoholic drink as did others in the
group. said that among the people who were present at the dinner and attending the
conference was Patrick Lanning. - indicated that Dr. Lanning was the VP for
Chemeketa. - stated that while they were at the restaurant, Dr. Lanning kept saying to
her. "You are not drinking fast enough, you should have another drink." indicated that
she felt she was targeted by Dr. Lanning to consume more alcoholic drinks. stated that
once they finished dinner, the group returned to the Sheraton hotel and once again proceeded to
the club level area. She stated that they stayed in the club level room until it closed and that she
consumed an alcoholic beverage there as well. - indicated that once they were told the
club area was closing, the group decided to go to the hotel bar.
Once they arrived at the bar, - indicated that she was sitting next to Patrick
Lanning. She stated that they were in a booth style table and that Dr. Lanning was seated to the
left of her, and that Manuel Guerra, was seated to the right of her. -indicated there
were total of seven people in their group at the booth style table.
- stated that as they were spending time in the bar, she became uncomfortable
with the actions of Dr. Lanning who was sitting next to her. She stated that Dr. Lanning began to
rub her back and also touched her upper thigh with his hand. - said that she felt Dr.
Lanning was acting inappropriately and that she did not feel comfortable with his behavior. II
-stated that she was surprised that Dr. Lanning would behave in this manner in front of their
colleagues from work. -said that Dr. Lanning continued physically touching her in a
way that made her feel uncomfortable, so she stood up and had a coworker worker, Manuel
Guerra, walk with her back to her hotel room. - indicated that at this point she felt she
had consumed enough alcohol for the night and she wanted to go to her room. While walking to
her room, - said she told Manuel Guerra that, "she was uncomfortable with Dr.
Lanning's behavior at the bar and she was not okay with what he had done."
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- stated that once she arrived in her hotel room, Mr. Guerra left, and came back
with another staff member, Susan Murray, to her hotel room. -stated that she discussed
with Mr. Guerra and Dr. Murray what had happened at the bar between her and Dr. Lanning and
that she felt uncomfortable about how things had transpired. - stated she thought the
telephone was ringing while Dr. Murray and Mr. Guerra were talking to her, but she was not
sure. - indicated that Dr. Murray offered to stay in the hotel room for the night and said
that "Dr. Lanning would not be bothering her anymore., stated that she declined the
offer and told them that she just wanted to go to bed. said that after her conversation
with Mr. Guerra and Dr. Murray, she does not recall what happened. She stated that she believes
she heard a knock at the door of her room and she assumed it was Dr. Lanning, but she was not
certain. - stated that she did not know what happened from the time she spoke to
Guerra and Dr. Murray until she woke the next morning.
- stated that she remembered waking up at approximately 6:00 AM the next
morning. She told me that when she woke up, she wondered, "whether Dr. Lanning, had been in
the room or if she had been dreaming that he had been room.'' - stated that she realized
she was naked in the bedroom and that her clothes were on the floor adjacent to the bed. Ill
the officer that it was not nonnal for her to sleep naked. - stated that she
noticed the table that was next to the bed and recognized a pair of reading glasses were on the
table as belonging to Patrick Lanning. - indicated that when she woke up she felt that
Dr. Lanning had been in bed with her, but that she could not remember any specific details to
corroborate the feeling. She told the police that there was no reason Dr. Lanning's reading
glasses should have been in her room and that Dr. Lanning had not been in her hotel room during
the course of her stay at conference. She indicated she did not have any pain or discomfort when
she woke up.
-reiterated that since Mr. Guerra and Dr. Murray had spoken to her the previous
night to the time she woke up morning, she was unable to recall what transpired in her hotel
room. -stated that she had been consuming alcohol beverages prior to aniving in her
hotel room, and regarding her physical state at the time she was escorted to the hotel room by
Mr. Guerra that ''She didn't think she was in a physical state to put a fight to wtyone." She
indicated she did not believe she had consumed alcohol beverages to a point that she was unable
to care for herself, wtd woke up in a sober state. indicate to the officer that during
the time she was in the company of the group she left her drink unattended on several occasions
to go the restroom. She did not believe that a controlled substance had been put in her drink, but
it was possible.
- stated that after she woke up in the morning of Friday, February 7 she took a
shower and put on her pajamas. She stated that Mr. Guerra knocked on her room door and asked
if she was okay. She told him "Patrick had been in her room and that she did not think she was
okay." She said that Mr. Mr. Guerra then contacted Dr. Murray and both returned to-
hotel room and she once again infonned them that she was certain Dr. Lanning had been in her
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hotel room. She stated that she told them Dr. Lanning's glasses were in her room and she faintly
remembered him coming to her hotel room, but she could not. remember anything about it. II
-did not indicate that she believed she had been sexually assaulted in her hotel room. II
-indicated that she had told them that she was sure Dr. Lanning and been her hotel room
and that she believed he had called her hotel phone. She indicated once again that she was
unable to recall what had happened on that night. -stated that once she had spoken with
Mr. Guerra and Dr. Murray and was advised that staff members from the College had contacted
Dr. Lanning and had instructed him not to contact her, she proceeded to the conference.
-indicated that at the hotel bar with Dr. Lanning she believed that she had been
at the bar for less than one hour before she departed toward her hotel room. She told the police
that prior to arriving at the bar she did not sit next to Dr. Lanning during the course of the
evening. -ndicatcd that she did not remember when Dr. Lanning began touching, patting
and rubbing her back at the bar. She said she did not remember Dr. Lanning saying anything to
her during her time at the bar and that she did not remember even looking at him. She said that
while Dr. Lanning was caressing her back she was not making eye contact with him.-
indicated that she did not know what the fmal straw was that made her want to leave but that
when Mr. Guerra asked "are you okay,, she decided to leave.
- indicated that she felt like she had had enough alcohol in her system and the
shock of what she had experienced at the bar with Dr. Lanning made her "not all there" on that
night. - told the police that she felt she went into shock after her interaction with Dr.
Lanning at the bar and that everything became fuzzy after that and that she could not recall
specific details. - indicated to the police officer that she did not remember Dr. Lanning
coming to her door, but feels that Dr. Lanning was on top of her in her hotel room and that it was
dark. - stated that she feels she remembered saying to Dr. Lanning, "you should go"
and that Dr. Lanning replied, "are you sure", but she is not certain this communication between
her and Dr. Lanning actually took place.
The police detective asked - "It appears from what you are telling us that if
there was intercourse between both of you, there was no consent, right?" "Not
that I lmow of. If there was, I have no recollection of that room other than the feeling he was
there."
CoUege Investigation Interview with _.,y Craig Stoelk.
As part of an investigation conducted by the College Attorney Mark Comstock, Craig
Stoelk interviewed- on March 21, 2014 at 10 AM in the presence of her attorney,
Richard Slezak.
- indicated that she is employed as
- She is immediately supervised by Johnny Mack and Susan Murray, who arc
supervised by Patrick Lanning.
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-indicated that she had been scheduled to attend the conference in Portland and
that she drove to the conference with Mr. Mack.
After the conference on Thursday evening, she'd gone with other staff to a club room
where they visited and had drinks. - indicated she recalled that the group only stayed at
the club room on the first occasion for about 45 minutes because they wanted to have dinner.
-indicated that she drank one Corona beer. The group then traveled to Famous Dave's
for dinner. She did not sit by Dr. Lanning or converse specifically with Dr. Lanning. -
indicated she ordered a margarita which she drank during the dinner. She indicates that Dr.
Lanning commented to her that she was not drinking fast enough. - recalls that Dr.
Lanning ordered her a second margarita. Dr. Lanning told her she needed to drink faster and Mr.
Mack had interjected by telling Dr. Lanning that she was half Dr. Lanning's size and she did not
have to drink as quickly as he was doing. - said she also drank and finished the second
drink. - that the group visited at the restaumnt for about two hours. Near the
end Dr. Lanning and Mr. Guerra left for a short time to see if Dr. Lanning could find some new
glasses to replace broken reading glasses and the other staff remained at the restaurant. Dr.
Lanning returned to pay the restaurant tab for the alcoholic drinks separate from the food bill.
The group traveled back to the Sheraton Hotel and returned to the club room and had
more drinks. - indicated that she drank a rum and coke and a vodka and cranberry
drink. - indicated that the group stayed for a while until the club room closed. Ill
- indicated that Dr. Lanning would occasionally raise and wiggle his glass towards her,
which she interpreted for her to keep drinking. The group stayed at this location for about an
hour and a half to two hours. - indicated that the group left the club room and went to
the hotel bar. -indicated that she did not feel intoxicated. -indicated she
could walk alright and talk, but that she would not have driven at this point. She does indicate
that she felt she had drunk as much as she had, because Dr. Lanning's egging her on.
-indicated at the bar she sat next to Dr. Lanning in a booth, along with all of the
other employees. She does not recall having ordered any drinks for herself, but does
acknowledge that tequila shots came to the booth for everyone to drink. indicated that
Dr. Lanning sat next to her but left a few inches between them. indicates that Dr.
Lanning put his arm around her shoulders and began rubbing her shoulders and this progressed
down the long length of her back. -said Dr. Lanning stopped rubbing at her waistline
and denied that he had touched lower or inside her clothing. - indicated that the rub was
more like caressing and that was of the type that may occur with a boyfriend or husband and it
was not like a casual contact. - said that the rubbing went on for about five minutes or
so. -said she felt uncomfortable with the contact and noticed Mr. Guerra to her right
was watching the conduct. - indicates that at some point her hands were under the table
and she squeezed Dr. Lanning's leg tightly and shoved against it and said this was her attempt to
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get Dr. Lanning to stop rubbing her and move away. - told Investigator Stoelk that she
did not verbally tell Dr. Lanning to stop. -said she does not remember whispering to
Dr. Lanning. - said that Mr. Guerra watched the situation, and asked- if she
was alright and she told him ''No". -said she stood up and Mr. Guerra asked her if she
trusted him to walk her to her room and she agreed. - indicated that as rubbing had
gone on, she felt trapped in the booth and did not want to create a scene by saying anything.
-said that while Mr. Guerra walked her to her room, she had told him, "I can't
believe he did that". -said she docs not believe during the walk she was intoxicated and
said she walked on her own and felt she could converse alright. At her room-said she
parted with Mr. Guerra. - says that "She does not recall any more
conversation between she and Mr. Guerra". But shortly after he left, he returned and was
accompanied by Dr. Murray.- said it did not surprise her that the two returned.
- said that Dr. Murray asked if she felt safe in her room and asked if she would
like to spend the night with her in Dr. Murray's room. - indicates she declined. II
- said that Dr. Murray also told her that she did not have to answer her phone or or answer
her door for anyone. - said that she took this in the form of instructions from Mr.
Guerra and Dr. Murray. -indicated that "she does recall her phone ringing during this
time and not answerins it. - indicated that anyone that she knew would have called her
cell phone and not the room phone. - says she does not remember telling Dr. Lanning
her room number but she thought that he was calling and she did not want to answer. -
said she does not remember Dr. Murray answering the phone and she told the investigator that
she does not believe Mr. Guerra and Dr. Murray even came into her room.
- indicated that she shut her door and locked it. - said "she had no
recollection of ever letting anyone into her room, but she had recollections during the night that
the room was dark and that Dr. Lanning was on top of her on the bed." -said that "she
has no recollection of feeling touching, penetration or movement." - said that she
remembers saying "what about your family? What about your wife?" to Dr. Lanning while he
was on top of her and to each of these questions Dr. Lanning replied "don't worry". -
said she remembered Dr. Lanning asking at some point, "Do you want me to leave?" And she
said yes, but she has no recoUection of him leaving the room.
-said she woke in the morning at about 6 am and found herself nude. -
said that she never sleeps nude and always wears pajamas. She saw her top and bra laying on the
adjacent bed and her pants and underwear were on the floor. - said that the placement
of the clothes might not be out of the noon for how she may leave her clothes. - said
she noticed no wet spots in her bed, but she knew something was wrong, because of her
recollections of Dr. Lanning and her having been nude. - said that she then saw Dr.
Lanning's broken reading glasses were on her nightstand. -said that she wanted to take
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shower because she felt she needed to. After showering,- put on her pajamas and lay
on her bed and cried. She said she lay there crying for about 30 minutes.
Mr. Guerra came to-room and knocked. Mr. Guerra commented to her that
he had been worried about her and wanted to see if she was alright. - said that she just
kept crying and told Mr. Guerra that Dr. Lanning and come to her room during the night. II
-said that Mr. Guerra gave her a hug and then went to get Dr. Murray and the two returned
shortly thereafter. - said that when they returned, she was sitting on the floor crying.
- said that Dr. Murray tried to comfort her and told her that Dr. Lanning was
inappropriate for having come to her room and that - had done nothing wrong. Dr.
Murray commented that she was not the most emotionally comforting person, but that she was
the only woman, so she wanted to help pointed out to Mr. Guerra and Dr.
Murray that Dr. Lanning's glasses were still in her room. said that Mr. Eustrom came
after Dr. Murray and Mr. Guerra had left, to make sure that she had Mr. Guerra's phone number
in the event she needed something.
- said that she then got dressed and went to breakfast. - said that the
other staff asked her to go speak privately with them. - indicated the group did not
question her and made every effort to comfort her and make her feel safe. - said the
conference was concluding, and she waited for Mr. Mack to finish his duties and then Mr. Mack
drove her home.
During the drive, Mr. Mack told - that certain employees need to report the
incident and there was no suggestion that it should somehow go unaddressed. Mr. Mack was
supportive of her in regard to how she needed to decide for herself if she reported it to anyone
else. - said that she was worried about what to say to her husband, and Mr. Mack said
to be truthful with her husband.
--said that later the same day she went to Silverton Hospital for an examination
and a report was initiated with the police. i.n4i9pted that Dr. Lanning had made no
contact with her since the conference. said that contact with other staff had been
appropriate and has been supportive of her.
The investigator asked-if any relationship that ever existed between her and Dr.
Lanning. said the only relationship was to pass each other at work. The investigator
asked about a picture she had posed in with Dr. Lanfling at the Silverton Brew Fest.
Dr. Lanning had shown the photograph to other staff. -said that she volunteered at the
Brew Fest as had other staff last year. Dr. Lanning was walking around taking pictures and he
asked her to pose with him and he picked her up for the picture. - said there was
nothing to the incident other than to take a picture.
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The investigator asked - if she was taking the medications that might have
impacted her negatively while drinking. - said that she had used no medications. She
stopped using a cough syrup a few days earlier.
Manuel Guerra Interview by Craig Stoelk, March 7, 2014
Craig Stoelk, the investigator engaged by College Counsel Mark Comstock, interviewed
various College staff at Mr. Comstock's office privately and separately on March 7, 2014.
Manuel Guerra is the Executive Dean of Student Retention and College Life. He has been
employed at the College for nine years. Mr. Guerra is also the College Title IX program
administrator. Mr. Guerra indicated that his direct supervisor is Mr. Eustrom and that Dr.
Lanning directly supervises Mr. Enstrom.
Mr. Guerra indicated he had no negative employment encounters with Dr. Lanning and
has viewed that he and Dr. Lanning have a professional working relationship. Outside of the
workplace he does not socialize with Dr. Lanning, as his primary residence is in Bend and he
stays in Salem with his daughter during the work week
Mr. Guerra attended the Portland conference in the first week in February. He indicated
that he was originally one of 20 College employees scheduled to attend, but due to a snowstorm,
several employees did not make it to Portland. He indicated that the conference group amounted
to a total of seven staff, including himself.
Mr. Guerra indicated that on February 6, 2014, he sat with - during the lunch
break. Mr. Guerra said that up to this time, he really did not know-other than to have
an awareness of her being in the work area. During lunch,- aml-he chatted generally
and then the conversation drifted to a topic where - expressed discontent with her
position at work because she was not reclassified to a higher pay level and that she did not feel
supported by her coworkers in an attempt for reclassification. Mr. Guerra said the conversation
was not venting or an apparent issue causing her to be angry at the time.
After the conference ended for the day, the College group went to a hosted club room at
the hotel for conference attendees. Mr. Guerra indicated that the club room had all sorts of
people from the conference and it was a casual affair with groups of people sitting and visiting.
Mr. Guerra said that ColJege staff sat together and visited. They stayed at the club room for
about an hour and a half. Mr. Guerra indicated that Dr. Lanning and-did not sit by
each other and he noticed no unusual conversation or gestures between the two. Mr. Guerra said
that when the group left the lounge, no one seemed intoxicated and he did not think anyone
really drank much alcohol. Mr. Guerra said he had seen- have maybe half a drink and
saw Dr. Lanning have one beer.
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The College group went to Famous Dave's Barbeque in Mr. Guerra's van and sat
together during dinner and shared plates of appetizers. Mr. Guerra indicated Dr. Lanning sat
next to him and-sat at the table across from the two. Mr. Guerra said that drinks were
ordered and that Mr. Guerra had one beer. He did not have a recollection of others drinking any
more than he had. Dr. Lanning wanted to look for a pair of reading glasses because his were
broken, and Mr. Guerra and Dr. Lanning went off to look at a nearby Target store to buy glasses
while others remained in the restaurant. No glasses were purchased. During the walk to the
store, Dr. Lanning talked about a job he was applying for at Central Oregon Community College,
but there was no conversation related to-
Back at the hotel, the College group again went to the hosted clubroom, where Mr.
Guerra introduced Dr. Lanning to a friend Guerra's, Mr. Chavez, who works at Central
Oregon Community College. The group again sat around in a number of chairs and drank and
visited, which, Mr. Guerra characterized as visiting and just casual talking and joking among
coworkers. He saw and heard nothing out of the ordinary concerning Dr. Lanning or-
At about 11 :30 PM the hosted clubroom was winding down, so the College staff went to the
hotel bar and sat in a u-shaped booth for a couple more drinks. Mr. Guerra sat next to-
and Dr. Lanning sat on the other side
Mr. Guerra said this time people were all getting a bit tipsy. He said they clearly should
not be driving, but said no one was acting drunk or stumbling to the extent that there was an
appearance of anyone getting out of control. Mr. Guerra characterized Dr. Murray as being the
most sober of the group.
Mr. Guerra said as they sat in the booth, he noticed that Dr. Lanning and
sitting closely together. Mr. Guerra indicated it was ccthe closeness" that was discomforting to
him because it was not a matter of two people leaning over to hear each other in a loud
environment, it was more of a close contact. Mr. Guerra said that at first he just wanted to ignore
it because it made him uncomfortable. Mr. Guerra said his discomfort was twofold; he knew
both individuals were married and he felt a relationship with Dr. Lanning of the supervisor over
- Mr. Guerra thought was that maybe something's going on between the two. Mr.
Guerra described the closeness of the two as a situation where they seemed to be leaning onto or
into each other. Mr. GueiTa indicated that Dr. Lanning and-were whispering to each
other and had the appearance of being a private conversation. Mr. Guerra estimated that the
contact in between the two continued for about 20 minutes or so and he noticed that
Dr. Murray was now noticing the behavior and was watching the two as well. Mr. Guerra said
that he was now watching Dr. Lanning start rubbing - back with one hand. Mr.
Guerra said a tray of tequila shots showed up at the table and he did not know where they came
from. He said no one was too excited about drinking any more liquor.
Mr. Guerra said about the time the shots came to the table, he noticed that-and
Dr. Lanning still leaned into each other, and then saw-hands moved down below the
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table, so he could not see her hands, but he imagined that they had to be in the area of Dr.
Lanning's lap. Mr. Guerra said he saw no movement from 1111- or Dr. Lanning to imply
any act was occurring, but her hands stayed below the table for about five minutes. Shortly
thereafter,- got up from the booth to leave for her room. Mr. Guerra said that was at
this time, as she stood and tried to walk, he realized she really had a few too many. Mr. Guerra
said it was his impression that she had just suddenly got up to leave. Mr. Guerra made eye
contact with-and asked if she was okay.
Mr. Guerra indicated that she made no verbal response. Mr. Guerra offered to walk-
- to her room. Mr. Guerra indicated that he was concerned for her because she appeared to
now be intoxicated and the observations he made about the back rub and closeness made him
feel he should not leave her alone. Mr. Guerra said that when - got up in the booth
everyone kind of got quiet and watched her. Mr. Guerra indicated that he did walk-to
her room. He wanted to act as a buffer between her and Dr. Lanning. Mr. Guerra said that when
-had gotten up to leave the booth, that Dr. Lanning appeared also to be getting ready to
leave.
While Mr. Guerra and - walked to her room, - commented, "I can't
believe what just happened". Mr. Guerra said her demeanor was very teary and she acted
uncomfortable and he said it was now that she appeared drunk. Mr. Guerra said-did
not expand on her comment and he was not certain what she was referring to or that she was
drunk. The two got to her hotel room, she went inside and Mr. Guerra did not follow. Mr.
Guerra told-to close and lock her door. About the same time, Mr. Guerra observed Dr.
Lanning was walking down the hall towards-room. Mr. Guerra said he did not know
Dr. Lanning's room number but he knew he was not on the same floor.
Dr. Lanning commented to Mr. Guerra that he had come down to check on-.
Mr. Guerra said he did not know how Dr. Lanning knew what room-occupied. He and
Dr. Lanning spoke for a few minutes and Dr. Lanning said he was going to his room and went to
the elevator. Mr. Guerra said that he told Dr. Lanning that-was not-feeling well from
drinking and needed to go to sleep.
Mr. Guerra said he went back to the bar within the next couple of minutes and wanted to
infonn Dr. Murray about his concerns after he heard- last comment. He said he told
Dr. Murray that he felt- had some kind of issue. Mr. Guerra said that then he and Dr.
Murray went back to-room to see if she was alright.
When they knocked on the door, the door was closed and was opened by- II
-looked out into the hallway and looked both w.ays down the hall. Mr. Guerra and Dr.
Murray came into the room and talked with- Mr. Guerra said that they told-
that they were concerned about what they had seen in the bar and asked if she had some kind of
issue with Dr. Lanning. - spoke with the two but shared no specific infonnation other
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than to say she was feeling uncomfortable around Dr. Lanning and she commented, "I can't
believe he would do this". Dr. MurTay asked- if she felt safe staying in the room that
night. Dr. Murray asked- if she wanted to spend the night in her room with her. -
-declined saying, ''No I'm fine."
Mr. Guerra said that during the conversation the room telephone began ringing and kept
ringing, but-would not answer the phone and Mr. Guerm said he suspected the caller
may be Dr. Lanning. Dr. Murray went to answer the phone but the caller did not identify himself
or herself and disconnected. Before Dr. Murray and Mr. Guerra left-they restated that
she should not open the door to anyone that evening. They watched her close the room door. Mr.
Guerra said he did not check to see if the door was locked, but just assumed that it locked as a
orie-way door does in a hotel setting.
Mr. Guerra said that he and Dr. Murray left the room with the feeling that "a flirtation
gone bad" had occurred between- and Dr. Lanning earlier. He said that the two of
them both commented they felt the need to discuss the issue with Dr. LIUllling. Mr. Guerra said
that the event occurred at the bar with - and left him concerned about a breach of
school policy related to sexual harassment and professional relationships. Mr. Guerra and Dr.
Murray returned to the bar area and Dr. Lanning was at the bar area also, indicating that he was
going to his room for the night. Other staff then left to go to their rooms. Mr. Guerra stayed for
a while and visited with Mr. Chavez.
Mr. Guerra told me that early the next morning he got up and went to -room
to see if she was ready to go to the conference for the day or to breakfast. He knocked on the
door and-opened the door. Mr. Guerra reported that-had a pufzled look on
her face. He asked if she felt alright and she said "No." She then said that she did not know.
what happened the past night, but that Dr. Lanning had come to her room. Mr. Guerra said that
- was standing while she talked, but was stooped over and wrapped her anns as if
holding herself. -said, "She could not remember what happened." and also commented
that, "She has only ever been with my husband before. This is horrible, really bad."
Mr. Guerra said that the statements and emotions led him to believe that Dr. Lanning had
come to the room and engaged in something that upset- Mr. Guerra said he left II
-in the room and went to get Dr. Murray and brought Dr. Murray back to the room.
When Dr. Murray came to the room,-said the same comments again and again.
As Mr. Guerra said he left Dr. Murray with-went and found the other staff and briefed
them on what was known. Mr. Guerra said the group was going to confront Dr. Lanning to let
him know the group was aware that some type of inappropriate conduct had occurred. Mr.
Guerra said he had not really formed his own opinion but knew that Dr. Lanning needed to be
confronted and told keep away from- Mr. Guerra said that- then met with
Mr. Eustrom, Mr. Mack and Mr. Hallett and spoke for a while. Mr. Guerra said he was not part
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of the discussion. Mr. Guerra reported that a little bit later he got together with his coworkers as
a group and went to Dr. Lanning's room to talk to him. Mr. Guerra said that Dr. Lanning
listened as he was told that the group was concerned about his behavior towards- Dr.
Lanning made no denial about the suspected conduct and stated that-had invited him
to her room and added that he was sorry." Dr. Lanning was asked to leave the group so he would
not be in contact with-. Dr. Lanning agreed to leave. Mr. Guerra then called Mr. Bone
and briefed him on what occurred. Mr. Guerra indicated that he had no other contact with II
- related to this event other than to say hello to - when he encountered her at the
College.
David Hallett Interview by Craig Stoelk, March 7, 2014
Craig Stoclk, the investigator engaged by College Counsel, Mark Comstock, interviewed
David Hallett, an Executive Dean for the General Education program. He has been employed in
this capacity for the past eight years.
Mr. Hallett indicated that at the time be was employed he received infonnation related to the
employer's policy and rules of conduct. Mr. Hallett said he has access to the policy material for
review if necessary.
Mr. Hallett told me that along with his employer orientation, he has received additional training
through the College, concerning the school's sexual harassment policy and consensual
relationship policies and this has been covered during the employer's annual in service training
program. Mr. Hallett said that he has familiarity with the sexual harassment policy as well as a
result of having to deal with some subordinate employees on those matters in the past.
Mr. Hallett indicated he directly supervises 10 employees and Dr. Lanning in turn directly
supervises him. Mr. Hallett told me that he does not socialize with Dr. Lanning outside of the
work environment, nor does he with any staff.
Mr. Hallet said that his relationship with Dr. Lanning has not involved any negative aspects. He
said Dr. Lanning has not disciplined him and he said the work relationship had always appeared
professional. Mr. Hallett also told me that when he has dealt with subordinates involved in
harassment as part of disciplinary matters, that Dr. Lanning was also involved as a supervisor
providing oversight to the issues.
Mr. Hallett acknowledged that he had attended a conference held in Portland over the date of
02/06 and 02/07/2014. Mr. Hallett also said that he had attended the same after session
ciubroom gathering and dinner as described by Mr. Guerra. Mr. Hallett said that he had
observed nothing during those two gatherings that caused him any concern. He characterized the
first gathering and the dinner as involving all staff in casual conversation and that no one
appeared to be drinking excessively.
Mr. Hallett stated that at the dinner gathering at Famous Dave's he did hear Dr. Lanning make a
statement to-that either asked her to have another drink or that she was drinking too
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slowly. Mr. Hallett said that he thought that Dr. Lanning might have said something similar to
other staff as well. Mr. Hallett said it was not his impression that Dr. Lanning was "pushing"
drinks on- but he recalled hearing the comments.
Mr. Hallett said that while at the dinner, Dr. Lanning and Mr. Guerra had left for awhile to go
look for some replacement reading glasses for Dr. Lanning's broken ones. During this absence,
Mr. Hallett said the group just visited. He said-made no comments that she felt
uncomfortable about anything.
Mr. Hallett also stated he had joined the group when they returned to the hotel and went to
clubroom, where they again visited and had a drink. Mr. Hallett said that at the club room,
neithe._, nor Dr. Lanning sat next to each other and did not appear to be conversing
beyond the general conversation that everyone was engaged in. Mr. Hallett said he docs not
recall how much anyone was drinking, but he said he had the impression that everyone was
behaving and no one appeared intoxicated.
The clubroom event closed for the evening and the group. of staff then walked to the hotel bar for
a drink. Mr. Hallett said that it was at this seating that he made his first observation of Dr.
Lanning and-that he found concerning. Mr. Hallett told me that almost immediately a
tray of tequila shots was brought to the table. He told me he had no knowledge of anyone
ordering the drinks, but had guessed that maybe Dr. Lanning had ordered them. Mr. Hallett said
the group continued in their general conversation as they had all evening. Mr. Hallett said that at
this table, Dr. Lanning was seated next to-. He said the space the two shared did not
seem appropriate to him. He characterized it as being like he and his wife may sit next to each
other anct he would not sit next to another woman that way. Mr. Hallett said that if he sat by a
woman in that fashion and his wife caught him- "there would be hell to pay,,
Mr. Hallett said that Dr. Lanning and-were leaning into each other and appeared to be
whispering. Mr. Hallett said that he does know that Dr. Lanning is somewhat hard of hearing
and he thought that maybe that was why the interaction was occurring at first Mr. Hallett said it
was not like the two were trying to be secretive. Mr. Hallett said he does not know- to
have any opinion about how she interacts with others. He said that Dr. Lanning tends to be an
outgoing gregarious sort of person.
Mr. Hallett said that at some point, Dr. Lanning got up and left the group and he does not know
where Dr. Lanning went. -then stood up and she looked sick. Mr. Hallett said he
associated the look on her face with maybe her having drunk too much. Mr. Hallett said he had
not been paying attention to what-had been drinking during the evening but he said he
did recall her drinking one of the tequila shots at the bar.
Mr. Hallett said that Mr. Guerra and Dr. Murray also both stood up when had gotten
up and he thought he recalled Dr. Murray maybe putting her arm around for a
moment. Mr. Hallett said that he also got up and left the group and went to his own room for the
evening.
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Mr. Hallett said that the next morning, he went to breakfast and before he could sit down, Mr.
Guerra and Dr. Murray contacted him. The two told him that, "We have an issue". Mr. Hallett
said from what the two told him he could gather that apparently- had been subjected to
some unwelcome advances.
Mr. Hallett said that he and the other executive deans, met with both-and Dr. Lanning.
The meetings were separate with the two and he does not recall in which order the meetings took
place. Mr. HaJiett said that he knew Dr. Lanning needed to be accountable for apparent
misconduct and Mr. Hallett said he was not uncomfortable dealing with the issue.
Mr. Hallett said that when the group met with Dr. Lanning, that he was told that-was
very upset and that the group did not know what had occurred but that they did not want Dr.
Lanning to have any further contact with- Mr. Hallett said that in response to this
information Dr. Lanning commented, "I don't know why she would be upset" and he said this
several times and mumbled other comments to himself that were not discemable. Mr. Hallett said
he heard Dr. Lanning comment that maybe he was worried that-was somehow mad
about her job reclassification. Mr. Hallett said that either Dr. Murray or Mr. Mack had said they
knew that Dr. Lanning had gone to-room and that Dr. Lanning made no denial of
that comment and added that Dr. Lanning was clearly uncomfortable at this point.
Mr. Hallett said that when the group met with-that Dr. Murray acted as spokesperson
and that Mr. Guerra also spoke to her. Mr. HaiJett said he kept quiet and felt awkward and was
glad Dr. Murray was there to speak with-
Mr. Hallett said that-was told that the group would have to
situation to the school and the group essentially wanted to reassure
and that Dr. Lanning was to stay away from her. Mr. Hallett said did not speak.
He said it was apparent to him she was upset and had likely been crying. Her eyes were puffy
and red.
Mr. Hallett said that since this has occurred he has received a few email aitd tex.t messages from,
Dr. Lanning. He said the messages were all clearly job related and Dr. Lanning made no
mention to the conference situation. Mr. Hallett said that in general, he does not interact with
-at the College. He said he has bumped into her on a few occasions and he will say
hello but has not brought up this topic with her in any manner.
The investigator asked Mr. Hallett if from the sole point o(view of his observations, if he had
witnessed any violation of school policy regarding Dr. Lanning. Mr. Hallett said he did not feel
he had seen conduct that rose to that level, but he again added that if he had sat next to-
as Dr. Lanning had- he would not want his wife to have seen it.
Susan Murray Interview by Craig Stoelk, March 7, 2014
Craig Stoelk, the investigator engaged by College Counsel, Mark Comstock, interviewed
Dr. Susan Murray, the College Executive Dean of Academic Advancement privately off campus
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on March 7, 2014. Dr. Murray explained that she has been employed at the College for 33
years. Dr. Murray indicated she recalled an employee orientation occurring at the time she was
hired and since that time has received annual in-service training updates on infonnation related
to employer policy and rules. Dr. Murray supervises a staff of seven and is directly supervised
by Dr. Lanning. Dr. Murray indicated that she had no negative dealings with Dr. Lanning in
regard to being disciplined or receiving poor treatment. Dr. Murray indicated she is an
outspoken person and if she were to have problems with Dr. Lanning, she would not hesitate to
have said so.
Dr. Murray indicated that she attended the 2014 Student Success & Retention Conference
at the Sheraton Portland Airport Hotel on February 6 and 7, 2014, as a representative of the
College. Dr. Murray indicated she attended the hosted hospitality clubroom with other attendees.
Dr. Murray indicated that she had consumed during the evening a total of a half bottle of
beer and 3 sips of a glass of Scotch and was sober. Dr. Murray characterized the others in the
group as being various states of sobriety, and recalled- had been drinking continually
throughout the evening. She described- as acting happy.
Dr. Murray was with the group at dinner and observed nothing out of the ordinary. Upon
returning to the hotel, Dr. Murray was not with the group until time in the bar. Dr. Murray
indicated that- and Dr. Lanning were to her left, and they sat about 5 feet from her on
the inside of the booth.
Dr. Murray indicated that she was immediately struck by the observed behavior oflll
-and Dr. Lanning. Dr. Murray described that the two sat very close together with-
almost draped over and against Dr. Lanning. She described- had her head in front of
and against Dr. Lanning's chest and looking down in Dr. lap. Dr. Murray described
that both Dr. Lanning and-had their hands under the table out ofview. She saw no
movement that she would associate with any sort of massaging. Dr. Murray characterized that it
looked like the two were "all settled in." Dr. Murray said she saw no movement or contact that
she would conclude to be obvious sexual contact, but it just did not look appropriate or
professional. Dr. Murray also used the analogy that it would have been an uncomfortable setting
for a spouse to walk in and catch a partner in the fashion the two engaged each other. Dr.
Murray said that-and Dr. Lanning talked to each other intermittently, but she did not
consider it to be in the. fonn of whispering. Dr. Murray said the two did not seem connected to
the rest of the group however.
Dr. Murray said that she views College staff as having a sort of "huggy nature" with each
other in general, but that she said the contact that she observed was far from the norm. Dr.
Murray indicated that all of a sudden- stood up and said "I have to go to my room."
Dr. Murray said that Mr. Guerra asked- if she was alright and asked if she wanted help
to her room. Dr. Murray said that her frrst impression was that maybe- drinking had
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suddenly caught up with her and she was going to be ill. Up to that point Dr. Murray had not
observed behavior that made her think-was intoxicated. Mr. Guerra walked-
to her room and returned to the bar and spoke with Dr. Murray. Mr. Guerra asked Dr. Murray to
accompany him back to-room. Mr. Guerra told Dr. Murray that-was upset
about Dr. Lanning but gave no other infonnation. Dr. Murray said that Mr. Guerra sounded
concerned about whatever the issue was.
Dr. Muttay indicated that when they got to-room, the door was closed and
- opened it after they knocked. Dr. Murray told the investigator that- was
crying. Dr. Murray asked - what was wrong and - told her "No, nothing
happened., -then added that she was afraid that Dr. Lanning would come to her room
later however. Dr. Murray said that she asked-why she thought that would happen and
-said nothing.
Dr. Murray indicated that she told- that Mr. GuetTa's room was just down the
hall if she needed help and also stated that Dr. Lanning should not even know what room II
- is, in any event. Dr. Murray said that she asked-if she wanted to come and stay
in her room that night. In response, - said she wanted to stay in her own room and
would be alright. Dr. Murray said she told - not to open her door or answer the
telephone and to call either she or Mr. Guerra if she had concerns during the night Dr. Murray
said she asked - again why she was concerned Dr. Lanning would come to her room.
- said nothing back to her. - said that "I don't want to see Patrick Lanning."
Dr. Murray said the comment and her demeanor made her wonder what she had missed at some
point during the evening. Dr. Murray said that-emotions were now so strong that she
knew- was very upset.
Dr. Murray and Mr. Guerra left the room and told- to lock her door. Dr.
said that she and Mr. Guerra would discuss this event with their fellow staff. Dr. Murray
said she answered the ringing room telephone, but no one was there. She and Mr. Guerra then
returned to the bar where they mentioned it to Mr. Eustrom and Mr. Hallett, and planned that
they would discuss the situation with Dr. Lanning the next day.
Dr. Murray told the investigator that during the next day she went to get breakfast and
Mr. GuetTa grabbed her and told her that they needed to go see- Mr. Guerra told Dr.
Murray that it sounded like something had happened during the night
Dr. Murray said that when they got to-room and-opened the door,
Dr. Murray saw that-was clearly upset. -sat down on the floor and rolled up
into herself. Dr. Murray said that-was distressed and her face looked as if she'd been
crying. -said that Dr. Lanning had come to her room last night, he pounded on the door
and she let him into her room. Dr. Murray said she is not sure what happened, as-
would only say over and over that she could not remember. - said she wanted to get
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dressed and said she did not want to have to see Dr. Lanning. Mr. Guerra and Dr. Murray left
to get dressed and Dr. Murray then saw-at breakfast. Dr. Murray said that
seem fairly composed by that time.
Dr. Murray indicated that she and the other executive deans then had a huddle. They
decided that Dr. Lanning needed to be accountable for his conduct even though he was their
supervisor. She said it was clear to all that they needed to confront Dr. Lanning and tell him to
keep away from- Dr. Murray said that she, Mr. Mack, Mr. Eustrom, and Mr. Hallett
went to see Dr. Lanning to confront him. Dr. Lanning was told to keep away from--
that they would report his conduct to the school. Dr. Murray said that Dr. Lanning made no
denial or protest and simply looked at the floor.
Dr. Murray then indicated that they contacted- and they told her they talked to
Dr. Lanning to make sure that she felt safe until she arrived back home and felt comfortable
driving with Mr. Mack. Dr. Murray indicated that she had no further contact with-
Dr. Murray indicated that she had only a couple of contacts with Dr. Lanning about unrelated
issues.
Jim Eustrom Interview by Craig Stoelk, Man:h 7, 2014 at 2:30PM
Cmig Stoelk, the investigator engaged by College Counsel, Mark Comstock, interviewed
James Eustrom, the College Executive Dean of Student Development privately off campus on
March 7, 2014. Mr. Eustrom has been employed at the College for the past 28 years. Mr.
Eustrom said he has received training from the College regarding the employer's policy and his
assignment; he facilitates training of other staff on policy matters.
Mr. Eustrom explained that Dr. Lanning has taken part in the policy trainings just as
other employees have done. Mr. Eustrom supervises a staff of 12 and Dr. Lanning directly
supervises him. Dr. Lanning has been Mr. Eustrom's supervisor for the past four years. Mr.
Eustrom explained that he's never had any form of negative relationship with Dr. Lanning.
Mr. Eustrom attended the conference in Portland and said that he also attended the club
room gathering, dinner and the bar gathering with College staff. Mr. Eustrom said that in all the
settings he observed neither concerning activity nor comments between- and Dr.
Lanning until the group was in the hotel bar.
Mr. Eustrom said that he joined the group and observed- and Dr. Lanning
seated next to each other in the booth and was shocked by his observadon of the two. Mr.
Eustrom said that the two were clearly seen together as if they were a couple. He described Ill
-as "coupling into Dr. Lanning and leaning over against Dr. Lanning's chest." Dr. Lanning
was in turn leaning over against- and Mr. Eustrom said both their hands were down
under the table out of view. Mr. Eustrom said he did not see any movement to suggest anything
was going on with their hands.
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Mr. Eustrom said he sat down and while he was at the booth he had three drinks. Mr.
Eustrom said that when he got to the booth he also saw a tray of tequila shots totaling seven
shots and that six had been consumed. Mr. Eustrom said two members of Rogue Community
College came over to the table and visited with him and he got up and left his group at the booth.
Mr. Eustrom said that he was gone about 10 minutes. When Mr. Eustrom returned to the booth,
he saw - now standing up. She appeared to him to be visibly shaken for some reason,
and Dr. Lanning was about to leave the booth. Mr. Eustrom assumed from her demeanor that
was drunk and maybe going to get sick. Mr. Guerra commented that he was taking
to her room and walked off with her. Mr. Eustrom said he had no recollection that Dr.
Murray had walked off with Mr. Guerra the same time.
Dr. Lanning came back to the booth after paying the bar bill and seemed odd. Dr.
Lanning did not say goodbye to anyone just got up and left. Mr. Eustrom said the move seemed
out of character for Dr. Lanning who was always a charismatic and a talkative person.
Mr. Guerra and Dr. Murray then told Mr. Eustrom that-was upset with what
had occurred at the booth and Mr. Eustrom guessed it was all about the cuddling that he
observed. The two did not say yes, but went on to say that-was expressing concern
about Dr. Lanning showing up at her room later. The two also described to Mr. Eustrom that
they discussed a safety plan with-and she seemed to calm down.
Mr. Eustrom fonned an assumption that someone of the two had gotten too touchy at the
booth. He assumed that Dr. Lanning had now gone off to bed for the night. Mr. Eustrom said
that he and Mr. Guerra and Dr. Murray had a conversation with the understanding they would
check in on this with-in the morning. Mr. Eustrom said he had the opinion based on
his observation that the conduct he witnessed was unprofessional conduct and bordering on
sexual harassment. Mr. Eustrom said he knew that night that he was already going to confront
Dr. Lanning in the morning about the behavior he had witnessed. Mr. Eustrom said he was
comfortable with the situation confronting his superior as the conduct was clearly unacceptable.
Mr. Eustrom received a text message from Dr. Murray the next morning asking him to
contact her, and then he bumped into Mr. Guerra who told Mr. Eustrom that he needed to come
right away to-room. When Mr. Eustrom got to-room, Dr. Murray was
coming out of the room and told Mr. Eustrom that it appeared that Dr. Lanning came to Ill
- room during the night and added that-was now a mess. Mr. Eustrom said he
could see-in her room from where he stood outside. He described her face and eyes as
looking swollen puffy. She was crying on the ground all curled up. Dr. Murray talked some
more with-who then wanted to get dressed and go to breakfast.
Mr. Eustrom said his thought at the time was that - had either been sexually
assaulted or had sexual relations that were now regretted. Mr. Eustrom said he felt the priority
was to comfort her and ensure she felt safe.
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Mr. Eustrom met with other staff and discussed the need to confront Dr. Lanning. Mr.
Eustrom texted Dr. Lanning, who did not return the text. Mr. Eustrom said Dr. Lanning was
always prompt in returning messages. Mr. Mack went to the hotel counter and asked for Dr.
Lanning to be telephoned in his room. Dr. Lanning answered his phone and Mr. Eustrom told
Dr. Lanning that he and others were coming to his room to talk. Mr. Eustrom said the group
went up the elevator, and Dr. Lanning was waiting at the door. The group went in to Dr.
Lanning's room to talk.
Mr. Eustrom acted as spokesperson and told Dr. Lanning that they had just left-
and she was messed up and that the group knew something had occurred and that he had gone to
her room that night. Mr. Eustrom said he told Dr. Lanning that he needs to have no contact with
- and he needed to leave the conference. Mr. Eustrom characterizes the discussion with
Dr. Lanning as a one-way lecture, to which Dr. Lanning made no apology or offered any denial.
Dr. Lanning listened with his head down and fmally said "I'm so sorry." Mr. Eustrom said Dr.
Lanning made the statement repeatedly that "Jim, she invited me to her room." Dr. Lanning said
he;s already packed his things to leave the hotel.
Mr. Eustrom said that he overheard Dr. Lanning make some comment to Mr. Hallett,
''that maybe- was somehow upset over job reclassification issues and that he was going
to be the for her job status issues."
Mr. Eustrom communicated that he had seen-on occasions around the College,
but his conversations have been only to say hello and ask how she was feeling.
Johnny Mack Interview with Craig Stoelk, March 7, 2014 at 3:45PM
College counsel's investigator, Craig Stoelk, interviewed Johnny Mack, the Executive
Dean of Career and Technical Education. Mr. Mack has been at the College for the past 18 years.
On March 7, 2014 the investigator interviewed Mr. Mack in private away from the College. Mr.
Mack indicated that received training related to the employer's policy and that he said the
material was available for review if necessary.
Mr. Mack supervises staff of seven and Dr. Lanning in turn supervises him. Mr. Mack
indicated that he and Dr. Murray both supervised - Mr. Mack said that he had no
negative encounter with-in regard to her demeanor or pcrfonnance at work. Mr. Mack
said he had no negative encounters with Dr. Lanning related to work. Mr. Mack said he feels
that he and Dr. Lanning arc actually pretty close friends and both hold season tickets to U of 0
games.
Mr. Mack indicated he attended the Portland conference and was also member of the
organizing committee for the conference, so his associating with College staff was interrupted by
other duties. Mr. Mack indicated he came to the conference with- Mr. Mack said the
trip together was appropriate and normal.
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Mr. Mack did notice Dr. Lanning trying to get - to drink an additional drink
while at dinner and that-declined the offer. At the dinner, other than the drink offer,
Mr. Mack observed no interaction between-and Dr. Lanning. Mr. Mack was distracted
with other duties and made no observation after they returned to the hotel.
The next morning, Mr. Mack, Mr. Eustrom and Dr. Murray told Dr. Lanning that they
knew that he'd gone to-room the previous evening and that something had happened.
Dr. Lanning responded by apologizing to the group that they had needed to come talk to him.
Mr. Mack noticed that in all of discussion, there was no denial corning from Dr. Lanning. Dr.
Lanning had a scared look on his face.
Mr. Mack also drove - home. Mr. Mack characterized the drive as long and
slow at frrst. He did not want to bring up the topic. -then said, "Johnny I don't know
what to do." She went on to say that, "She has only ever been with her husband and that she
drank too much." - also said that Mr. Guerra and Dr. Murray had walked her back to
her room and that later Dr. Lanning kept calling her room and then showed up knocking on her
door. -told Mr. Mack that she opened the door and let Dr. Lanning into her room. Mr.
Mack said-told him "that the next morning she woke up naked and again said she has
only been with her husband." - said that, "She had not noticed any discharge or
evidence of having had sex but she had no recollection of events." -said that "Dr.
Lanning was gone from her room when she awoke in the morning."- said "She found
Dr. Lanning's glasses in her room and had thrown the glasses in the garbage."
Mr. Mack suggested to - that she should call her doctor, if she had concerns
about herself and then they talked about nonrelated issues for a while. As they neared their
destination,- asked Mr. Mack "What should she tell her husband." Mr. Mack said that
he told her to. be truthful. Mr. Mack and - had brief conversation with -
husband and then left. Mr. Mack said that he received a text from -later that indicated
she was going to the hospital to get checked.
Mr. Mack said he received a phone message from Dr. Lanning on Friday afternoon. The
two later connected, and Dr. Lanning said that he had really felt that he should have talked to
-that morning, and Mr. Mack told Dr. Lanning to not have any contact with her. Mr.
Mack later got a message from - on Sunday in which she indicated she was going to
meet with police officers the next day. -later told Mr. Mack that she felt the police
were too aggressive in how they talked to her, as if they were interrogating her. She said the
officers suggeSted she might be sending an innocent man to jail. Mr. Mack said the police later
interviewed him, and he said they appeared professional and did not express any agenda or
opinion one way or the other.
When asked if Mr. Mack believed the behavior described of Dr. Lanning had surprised
him, Mr. Mack said that he knows that Dr. Lanning likes to flirt with women. Mr. Mack said
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that at the conference he was speaking with the female president of Klamath Community College
and had mentioned Dr. Lanning and his wife. For some reason this person responded with an
odd tone in her voice, "Oh he's married?" as if something annoyed her about the revelation.
Patrick Lanning Interview with Craig Stoelk, April 8, 2014
College Counsel's investigator, Craig Stoelk, met with Patrick Lanning in the office of
his attorney, Randall Acker. Prior to beginning the interview, Dr. Lanning was provided with a
Garrity Notice which he acknowledged.
Dr. Lanning is the chief academic officer at the College, and he is a campus president of
the Yamhill Valley campus. The College has employed Dr. Lanning for almost 7 years. Dr.
Lanning indicated that at the time of his hiring he received an. orientation which included
receiving information related to the employer's policies. Dr. Lanning told the investigator that
he has access to the policy material and knows how to access it through the College intranet. Dr.
Lanning acknowledged the College policies related to sexual harassment, harassment, consensual
relationships and Respectful College Community and indicated he did not recall if he had any
part in the development of the policies.
Dr. Lanning directly supervises five employees. Dr. Lanning said he knows who II
- is but is not a direct supervisor of her work. When asked if he is engaged in the process of
conducting disciplinary inquiries or imposition of discipline related to employee misconduct, Dr.
Lanning indicated could not recall having been involved in disciplinary matters in the past and
those matters are referred to Human Resources staff for investigation.
Dr. Lanning indicated he did attend the 2014 Student Success & Retention conference in
Portland as a representative of the College. At the end of the session on Thursday, he and other
College staff met for a debriefing related to the training sessions that each staff had attended.
After the debriefing, the group went to the hosted lounge to visit and discuss where to go for
dinner. At the hosted lounge, Dr. Lanning had a Corona beer and later a rum and coke along
with a water and coke. The group stayed at the hosted reception until approximately 8 o'clock.
At the restaurant, the group ordered food in family-style and shared. At the restaurant,
the group engaged in general conversations. The group ordered drinks at the restaurant and he
picked up the tab for drinks. Dr. Lanning indicated it had been past practice that the senior
attendee at the conference pays for the drinks. At the restaurant Dr. Lanning consumed two
margaritas. Dr. Lanning did make a comment that-''was one behind.'' He did not
indicate that he intended to get anyone drunk.
Upon returning to the hotel, Dr. Lanning does not recall returning to the hosted lounge,
but instead believes that the group went directly into the hotel bar. Dr. Lanning indicates when
they got to the bar, Dr. Lanning said he would buy one more round of drinks. Dr. Lanning
indicates that - simply ordered a round of tequila shots, and he said ''the drinks are
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ordered." Dr. Lanning said five to seven tequila shots came to the table. Dr. Lanning agrees that
he sat next to-but felt that John from Central Oregon Community College sat between
-and Mr. Guerra. Dr. Lanning recalls talking across- to talk to John from
Central Oregon College. Dr. Lanning indicates that he got up once to go to the restroom and
resumed the same seat. On his return, he indicates that - leaned against him and he
describes it as "she leaned her head against his shoulder." Dr. Lanning said he did not recall the
two engaging in any whispering but they did talk.
Dr. Lanning said that when- leaned against him, he put his hand onto her back
up to her neck and began massaging her neck. He described this as a rub down on either side of
her spine with fingers on either side. Dr. Lanning said he probably drew his hand down to about
her mid back area but he did not go to her waist. When asked why- had leaned into
him and he began the rub, he explained that he had no idea why she had done so. Dr. Lanning
said that his rub was meant to be therapeutic, and that he gives such rubs to his wife. When
asked if this was appropriate with this employee in this setting, Dr. Lanning said that others
would characterize him as a "buggy sort of person." He is known for patting others on the
shoulder. The investigator asked if he gives rubs like this in the workplace to others. Dr.
Lanning, again, commented that he is a "buggy person", and the rub was only therapeutic. Dr.
Lanning indicated that-commented that, "it felt good" Dr. Lanning indicated that he
would have rubbed Dr. Murray's back in similar fashion if she had been next to him and feels
that nothing was meant by the contact. Dr. Lanning acknowledged that his conduct with II
- was conduct that he would not want his spouse engaging in or seeing him engage in. He
indicated that it was not because it was outside of his ordinary conduct, but because it was II
- Dr. Lanning said that in an earlier time in Silverton at the Beer Fest,-had been
flirting with him and Dr. Lanning's wife had been annoyed. Dr. Lanning said his wife knows
he's an affectionate person.
Dr. Lanning indicates that after he stopped rubbing- back,- took her
hand and rubbed his upper thigh and onto his penis. Dr. Lanning said the contact caught him off
guard because he did not think this touching was in the same spirit as the back rub. Dr. Lanning
said the conduct was on the outside of his clothing. The investigator asked if-began
masturbating him and Dr. Lanning said that her hand just kind of stopped there. He did not state
that he moved it away. The investigator asked Dr. Lanning if-maybe actually
squeezed his leg so as to get them to stop his back rub. Dr. Lanning said "No,-never
squeezed his leg, she rubbed his thigh and his penis."
Shortly after touching his leg and penis, Dr. Lanning said he got up to pay the bar tab and
was going to his room. As he stood at up,-commented to him "128." Dr. Limning
asked her what and she said, "Room 128." Dr. Lanning said he knew that-was giving
him her room number. Dr. Lanning said he paid the bar tab and left to go to his room. As he
walked to his room, he saw-was walking with Mr. Guerra in front of him.
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Dr. Lanning said that-was leaning up against Mr. Guerra, but he could not hear
what they were talking about or if - was crying. Dr. Lanning indicated he did not
believe that - was drunk, as she was not slurring her speech and other than she was
leaning against Mr. Guerra, she did not appear wobbly. Dr. Lanning does acknowledge that as
he walked by Mr. Guerra he asked if-was okay. He then continued to his room to
check email and realized he did not have his glasses and remembered that he had given them to
-to hold during the ride to the restaurant. Dr. Lanning telephoned- room
and said he knew the number because she had earlier told him her room number. Dr. Lanning
said the phone rang to message service but he did not leave a message. Dr. Lanning said he then
walked to-room and knocked on the door but no one answered. Dr. Lanning said he
knocked softly and only once on the door. Dr. Lanning then walked back to the bar found his
glasses in the booth where the group had been seated and he again went back to his room where
he took a shower for steaming hi.s sinuses. Dr. Lanning indicated that the trip to-
room and the bar was a short time after he first left the bar.
Dr. Lanning said after he got out of the shower he was thinking about- because
she had not answered a knock at her door. Dr. Lanning said he called her room again and still no
one answered. Dr. Lanning said he did not recall hearing anyone answer the phone and hung up.
Dr. Lanning indicated that he again dressed and decided to go to-room to check on
her to see if she had fallen and injured herself. Dr. Lanning indicated that he did not know Dr.
Murray's room number and did not think of calling her to check on-
Dr. Lanning knocked on-door and this time she answered and opened. While
standing in the doorway, Dr. Lanning looked inside and made observations of the room in
general. Dr. Lanning said he asked if-was okay she said yes. said she was
drinking water. Dr. Lanning asked if she needed anything. He indicated indicated her
room was too wann. Dr. Lanning said he then came into the room to see if he could find the
thennostat for her and he took off his shoes and use them to prop open her room door to let warm
air out.
Dr. Lanning indicated that at this point-put her arms up over his shoulders and
hugged him and asked Dr. Lanning, "Why he wanted to leave the school for another job." Dr.
Lanning said while- was still hanging onto him, he told her ''that was an opportunity
for him." He said-told Dr. Lanning '
1
she did not want him to leave the College." Dr.
Lanning said, "You need to get some sleep," and walked-to her bed while she was still
in front of him in the same embrace. Dr. Lanning described this as sort of navigating her
towards the bed. In response to the investigator's question, Dr. Lanning indicated- was
not exhibiting any symptoms of intoxication. But Dr. Lanning said uthat was his concern, as he
had seen alcohol poisoning issues, and was concerned."
Dr. Lanning said he put-onto the bed and walked to the bathroom because he
wanted to see if she had thrown up and besides he needed to use the bathroom. Dr. Lanning left
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the bathroom and came back out and asked- if she needed anything. -was
lying in the bed undercover and Dr. Lanning said she had the appearance of making movements
that she was masturbating. Dr. Lanning said he went over to-because she said
something he could not understand fully and leaned over to hear better. He then indicated that
-then put her arms around his neck, and as Dr. Lanning stood up-came out of
the bed with him. Dr. Lanning said-was not wearing her pants. Dr. Lanning said-
-kept hugging him and rubbing her groin into his side. Dr. Lanning said-was
rubbing her own chest with her hand and sort of pulling him towards the bed. -also put
her hands inside Dr. Lanning's pants and began touching his penis. Dr. Lanning said he put his
hand over hers had commented, "I can't do this, my wife." Nonetheless, Dr. Lanning indicated
he was getting excited and he ejaculated inside his pants while she kept touching.
Dr. Lanning said he sat down on the adjacent bed again and said, "He could not do this
because he loved his wife." Dr. Lanning said-said "Please don't tell-and please
don't tell-" Dr. Lanning said to-that "they should leave this at this point and
talk about in the morning."
Dr. Lanning then he left the room. Dr. Lanning said "he was there for about 10 to 20
minutes." When the investigator confronted him with the time duration from the surveillance
video suggested that he was there for much longer Dr. Lanning said "he did not he had
been in the room for that long and did not intend to stay because of his shoes propping the door
open."
Dr. Lanning denied any sexual conduct or contact, though does acknowledge that when
he laid - on the bed before he left the room, he more or less rolled onto the bed
alongside her because her ann was around him again. He said they did not stay in the bed. Dr.
Lanning denied any sexual acts and says he did not take off his clothes or-clothes,
other than to remove his shoes.
Dr. Lanning indicated that he realized he left his glasses in-room, and did not
knock on the door again, because he felt he would retrieve the next day when they talked. He
indicated that when he said they wou1d talk in the morning, he said he made no comment other
than to suggest she should tell no one or infer there was a problem. Dr. Lanning said again that it
was-that asked he not tell anyone.
Dr. Lanning said he then went back to his room. The next morning when Dr. Lanning
said he got up for breakfast, he received call from Mr. Mack, who came to Dr. Lanning's room to
talk and it was at this time the other staff members confronted him with the allegation that
something occurred in-room. Dr. Lanning indicated he was a bit irritated with the
discussion because he felt- had complained and he thought they were going to talk in
the morning so he felt blindsided by the encounter.
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Dr. Lanning said he did not feel there was a violation of College sexual harassment or
relationship policy. The investigator asked if he thought- was in violation for conduct
in the bar and he said "no." Dr. Lanning indicated that the College policy aUows for consensual
relationships, pointing out that his wife works for the school as does he. Asked if he felt that the
conduct to occur in front of coworkers was not creating an offensive situation for them and he
said he was not aware anyone was watching. Dr. Lanning, when asked why he did not tell-
- stop the conduct in the bar, Dr. Lanning said that "policy allows for consensual
relationships and that it would appear socially awkward to declare her conduct in front of others,
so it was allowed." Dr. Lanning said, "He did not view it as a violation of the sexual harassment
policy."
When the investigator asked why Dr. Lanning allowed the conduct to occur in-
-room, Dr. Lanning said that he felt he had made it stop because after he ejaculated he sat
on an opposite bed from her. When the investigator asked,
11
Why he ever went beyond the front
door, given the earlier bar contact and now her hugging him, Dr. Lanning stated "that to stop her
would be disrespectful." The investigator asked Dr. Lanning if he did not stop her hugging and
groping then out of concern for her feelings and he said that was the case, it was because he "felt
it would be disrespectful" to stop her.
Dr. Lanning indicated that he now feels that this was only part of an agenda on the part of
-to somehow cause problems because of his attempt to gain other employment or her
own disgruntlement with her job status at the school.
Subsequent Events
On February 10, 2014, College president Cheryl Roberts, through a report from
Executive Dean Andrew Bone and to herself, received infonnation that possible sexual
harassment had occurred at the conference between Patrick Lanning and-and potential
violations of College policies may have occurred. The referral was made by Mr. Guerra, a Title
IX officer for the College.
On February 10, 2014, President Roberts contacted Dr. Lanning and placed him on leave
with pay pending the completion of an investigation of possible violation of College policies. He
was to have no contact with - and to take no action which could be considered
retaliation against - He also was to have no access nor contact with anyone at the
College except for her, as his direct supervisor.
On February 11, 2014, The Port of Portland police contacted College personnel and
requested that witnesses not be contacted, and particularly that-and Dr. Lanning not be
contacted concerning the facts or allegations due to a pending criminal investigation until further
notice.
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On February 24, 2014, attorney Richard Slezak delivered to the College and State of
Oregon Department of Administrative Services, a notice entitled Tort Claim Notice on behalf of
-alleging sexual abuse and sexual harassment and giving notice of-intent to
seek damages as a result of Dr. Lanning's conduct toward her during the February 6-7,2014 time
at the conference.
On March 5, 2014, Port of Portland provided notice through its police detectives that
witnesses could now be contacted and the College, through its counsel, began an investigation.
College Counsel contacted an experienced investigator, retired Salem Police Department officer
Craig Stoelk, to interview each witness and provide a report to the College Counsel.
A preliminary report was received by College Counsel April15, 2014. A supplemental
report was received April30, 2014.
On May 10,2014, attorney Richard Slezak requested, on behalf of his client-
that she be provided paid time off for eight weeks to recover from the effects of Dr. Lanning's
conduct and due to a disorder, as diagnosed by-counselor and medical professionals.
College granted the request.
On approximately May 15, 2014, Portland police and the Multnomah County District
Attorney's Office indicated that there would be no prosecution and released redacted copies of
their investigation reports to media who had requested copies of the reports through public
records requests.
Laws and Policies Applicable
Title IX of the Education Act of 1972
Title IX of the Education Act of 1972 is the federal civil rights law that prohibits
discrimination on the basis of sex in federally funded education programs and activities. All
public and private elementary and secondary schools, school districts, colleges and universities
receiving any federal assistance must comply with Title IX. Chemeketa Community College
receives federal funds for education programs and activities and its students receive federal loans
to attend the College.
Title IX requires that a school adopt and publish grievance procedures providing for
prompt and equitable resolution of student and employee complaints of sex discrimination,
including sexual violence.
Title IX of the Education Act has been interpreted to apply the duties of a school district
to remedy sexual harassment under Title IX, to the Title VII duties of an employer under the
Civil Rights Act of 1964. Franklin v. Gwinnett County Pub. Schs., 503 US 60, 117 L.Ed. ld 208,
112 S.Ct. 1028(1992); Meritor Sav Bank FSB v. Vinson, 477 US 57, 64, 91 L.Ed ld 49, 106
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