A Rhodes University professor is suing the university for R590,000 damages he says he suffered as a result of the university ignoring his complaints that he was being sexually harassed by a woman academic in a different department.
He is also suing the university and another of its top research employees for a further R500,000 for defamation as he says that she had suggested to another member of the academic staff that he was an “apparently known sexual predator”.
Annexures to the court papers reveal the professor was himself the subject of sexual harassment allegations at an American university he worked at about a decade ago — leading Rhodes to caution him that he would not be allowed to take students on research trips.
The Dispatch has opted not to name the parties to the dispute because of the sexual nature of the allegations.
The professor, who enjoys international prominence, claims he was a victim of serious sexual harassment from the woman academic between November 2018 and May 2020.
He reported the alleged harassment to the university in June 2019, but he says the institution did nothing to protect his rights.
In court papers it is suggested that the sexual harassment took the form of “persistent threats and intimidation calculated to induce submission to intimate relations and sexual intercourse”.
The form of these threats included that if he did not have sex with the woman, she would allegedly complain to the university that he had sexually harassed or raped her, which would result in him getting fired.
The particulars of claim in his court case suggest she allegedly did so “knowing he would be vulnerable into being coerced into doing what she required of him”.
“The impact of [her] sexual harassment of the plaintiff was such as to constitute an impairment of (his) dignity, it violated [his] right to integrity of body and personality taking into account his circumstances and [their] respective positions in the workplace.”
He had suffered shock, anger, anguish, fear, anxiety and severe psychological trauma, and had been humiliated and degraded, according to court papers.
He would require R140,000 for past and ongoing psychological treatment, and R450,000 in general damages.
He sought a further R500,000 in damages as he said he had been defamed when a senior staff member in the research unit implied that the woman who was allegedly victimising him was “involved in a relationship with an apparently known sexual predator”.
He alleged the person to whom this information was imparted had known she was referring to him even though she had not named him.
He was holding the university vicariously responsible for her utterances, as the employee was acting in the course and scope of her employment at the university, he said.
In a clinical psychology report attached to the papers, it is stated that the man had faced a complaint of sexual harassment at an American university he had worked at about a decade ago, along with complaints of misuse of research funds, abuse of power and “mistreatment of native peoples”.
The report states he had said he had been placed on administrative leave, but had resigned voluntarily after 15 months as no charges of wrongdoing had been forthcoming from the American university.
He had moved to SA and had gained employment with Rhodes.
It is stated in the report that he had felt humiliated and frustrated by the university barring him from taking students on research trips, as he had never had allegations levelled against him at Rhodes and had served the university faithfully.
He felt the rumours of him being a sexual predator had compromised his academic career, social life and his own identity.
Rhodes University this week argued an exception to the damages claims, saying the man had failed to provide a proper cause of action.
Advocate Izak Smuts, SC, for the university, argued that the claims made by the man were vague, bad in law and fell to be dismissed.
He said the professor had failed to disclose how the sexual harassment had happened in the workplace and why Rhodes should be held liable.
He said the woman whom he complained off was also junior to him, worked in a different department and had no power over him.
Smuts argued the man had done nothing about the alleged sexual harassment for nine months, but, on finally reporting it to the university in June 2019, then complained the university had not acted expeditiously.
He said the man had failed to establish why the university would be liable for the suffering he had allegedly suffered in those nine months.
If the exception succeeds, the claim will fall away.
Smuts was instructed by Netteltons attorneys. Advocate Willem van Aswegen, instructed by Wheeldon, Rushmere & Cole attorneys argued for the exception for the professor.
Judge Judith Roberson reserved judgment.
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