Former UTAS Vice-Chancellor Peter Rathjen is being sued by university staff member over alleged assault and intimidation

Peter Rathjen, former Vice-Chancellor of the University of Tasmania (UTAS), is being sued by a UTAS employee who claims he groped her on three separate occasions.

The employee is claiming damages for psychological injury, increased damages and exemplary damages for alleged assaults and sexual harassment by Professor Rathjen.

In a writ filed in the High Court in Hobart in November 2023, the employee alleges that Professor Rathjen hugged her and grabbed her buttocks at an event at the university in 2016, grabbed her buttocks at a lecture in 2017, and grabbed her buttocks and breasts at a gathering at his home in 2017.

According to the summons, she claims that all contact occurred without her consent.

The woman is also suing the university, claiming that UTAS is liable for the alleged assault and harassment of Professor Rathjen, alleging that UTAS failed to exercise due diligence in hiring him, failed to adequately enforce its sexual harassment policy, failed to provide a safe working environment and failed to protect her from assault and harassment.

In documents provided to the ABC by the High Court, she alleges the university appointed an investigator to look into complaints of misconduct against Professor Rathjen, but then undermined the investigation by creating “a culture of contempt” for the investigator and the process.

In the court documents, she alleges that UTAS failed to provide her with adequate support when she indicated that she wanted to file a complaint against Professor Rathjen, and that UTAS actively prevented her from doing so.

UTAS denies liability

In its defence filed with the Supreme Court, the University of Tasmania states that it was unaware of the alleged incidents and that one of the alleged incidents did not occur at the university.

In its statement of defence, UTAS states that since Professor Rathjen’s alleged conduct did not occur in the context of his work, the university is not liable.

The defence also argues that all alleged acts occurred more than three years before the claims were brought before the court and are therefore excluded from liability under the Tasmanian Limitation Act.

The university also argues in its defence that it carried out an appropriate reference checking process when appointing the former vice-chancellor and that it had reasonable systems and policies in place to minimise the risk of sexual harassment.

UTAS also denies that it failed to provide a safe working environment and that it failed to protect the claimant from alleged assault and intimidation.

Court documents show that the plaintiff was provided with a special welfare officer and the services of the university’s employee assistance program.

ICAC found Peter Rathjen guilty of ‘serious misconduct’

Peter Rathjen left Tasmania to take up the role of Vice-Chancellor at the University of Adelaide in 2018.

In 2020, South Australia’s Independent Commissioner Against Corruption (ICAC) found him guilty of “serious misconduct” by sexually harassing two university staff members in 2019.

Following the ICAC investigation, Professor Rathjen apologised to the women but said the finding of “serious misconduct” was “disproportionate to the conduct found”.

In July 2020, he resigned from the University of Adelaide.

The University of Tasmania says that as soon as it became aware of the 2020 reports of misconduct, it engaged a lawyer to receive complaints from employees at UTAS.

The independent investigation received three complaints directly concerning Professor Rathjen, and a further eight concerning the working culture and treatment of employees at the university during Professor Rathjen’s time as Vice-Chancellor.

In its defence filed with the High Court, UTAS states that as a result of that process it has revoked Peter Rathjen’s honorary doctorate, removed a plaque bearing his name and ordered him not to enter university grounds.

UTAS states in its court documents that the claimant did not make any complaints about Professor Rathjen’s conduct until the investigation in 2020. Once she did make a complaint, she told the investigator that she did not wish to pursue it further.

The documents provided to the ABC by the Hobart Supreme Court do not contain a defence from Professor Rathjen.

Professor Rathjen has been approached for comment.

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