Thursday, April 19, 2012

University of Idaho pays family of slain grad student $3 million

http://www.klewtv.com/news/local/University-Idaho-Katy-Benoit-deal-147788895.html

Lawsuit contended university didn't do enough to protect the student from her crazy prof-lover:

http://chronicle.com/article/Handling-of-a-Murder-Suicide/129989/

Case called into questions the institution's harassment and relationship policies:

http://chronicle.com/article/Former-U-of-Idaho-Professor/129560/

Here is the university's letter to the prof, following the filing of the student's sex harassment complaint:


Mr. Ernesto Bustamante
1433 W. A Street, Apartment 4
Moscow, ID 83843
July 5, 2011
Mr. Bustamante,
On June 12, 2011, Ms. Katy Benoit filed a complaint of sexual harassment with this office. The
complaint states the following:
I am charging Ernesto Bustamante with the following charges:
1) Sexual Harassment – from the end of Fall 2010 semester through the middle of May,
Spring 2011 semester.
2) Threats of Violence to my person – on three separate occasions, Professor
Bustamante held a fully loaded gun to my head, and detailed the manners in which he
would use it.
- 1st time: the end of January, 2011
- 2nd time: the week after Spring Break, 2011
- 3rd time: the second week of May, 2011 (this event caused the termination of
the relationship)
I began taking Psychology 218 with Professor Bustamante in the Fall semester of
2010. Towards the middle of the semester, he requested more students for advising
(per instigation of the university), which I accepted within a couple weeks of the request.
He began flirting right away, and pursued an intimate relationship. He constantly
complimented me and my work and ability, promised good results with applications to
graduate schools including the University of Idaho and lots of help with further studies.
By the end of that semester, he and I were in a sexually active relationship.
During this entire time, I witnessed a plethora of inappropriate sexual comments
in the Cognitive Engineering and Decision Making Lab, along with threats and
unpredictable behavior. If students wanted to question him, or defy him in any way, he
would always premise his response with ‘It’s never a good idea to piss me off’.
While alone, he has threatened to kill me, and himself. Further, he has claimed
to have five different personalities, all with different names and identities. I’ve witnessed
these personalities firsthand, or at least him portraying them. They include the names:
Ernesto, E., Ernie, The Beast, and The Baby. During our entire relationship, I was
constantly reminded of what would happen if I ‘pissed him off’. I feel extreme concern
for my safety, the safety of those being mentioned in this document, and the safety of
the investigative team.
Further, he has a Utah concealed weapons permit, and at least five guns that I’ve
seen. He carries them everywhere, including to campus (on every occasion). He
answers his door with them, travels with them, sleeps near them, EVERYWHERE. He
has revealed to me that he believes there are several people out to ‘get him’, or hurt. He
says this may be due to his claim to have murdered approximately fifty people in his
earlier years. He has also claimed that this University is out to get him, claiming he has
a lawsuit pending against the University for visa-related contract issues.
I finally ended the relationship after the third time of having a gun put to my head
(mid-May). I had finally ‘pissed him off’. I wanted to come forward, but I was scared for
my personal safety and my academic career (as he is my professor, advisor, and
committee director of my educational pursuits at the University of Idaho). Further, he
was extremely persuasive regarding our future, my academic future, and my safety.
The University of Idaho takes such allegations very seriously and this office is charged with
conducting a thorough investigation to determine if the sexual harassment and threats of
violence occurred.
As part of the University’s investigation process, after a complaint has been lodged, I am
charged with meeting with the respondent (you) to begin the process. I will want to explore with
you your recollection of events and any information you can share so that we can resolve this
situation. At the time of the interview, I will explain in detail the complaint investigation process,
my role and that of the co-investigator, and the steps that are taken towards resolution.
Would you be available to meet this Friday, July 8, at 2 p.m.? The co-investigator and I are free
at this time and if convenient for you, we would like to review the charges and your response.
Please contact me at csuarez@uidaho.edu or 885-4285 to confirm your ability to meet at this
time or arrange another time.
You are encouraged to submit comments in writing regarding these charges and the response
can be mailed or emailed to the address(es) above.
Workplace misconduct allegations investigation and resolution is difficult for those of us
undergoing the process, but we are all reminded that we must continue to act as professionally
as possible and in particular do nothing that would appear to constitute intimidation, harassment
or retaliation against anyone interviewed and/or a part of the process.
In particular, you are to have no contact with Ms. Katy Benoit during this investigation process.
This includes by phone, by email, by text message or social messaging, in person or through a
third party or any other means not herein identified.
There are two primary University policies relevant to these charges and they are as follows:
Sexual Harassment FSH 3220
A. Policy
A-1. The university must maintain a learning and work environment for students and employees
that is fair, humane, and responsible. Sexual discrimination, including sexual harassment,
interferes with the educational process and with the productivity of the faculty and staff; thus, it
is inimical to the university.
A-2. Like discrimination on the basis of race, color, national origin, religion, sex, age, disability,
or status as a Vietnam-era veteran, sexual harassment violates federal and state laws and the
policies of the Board of Regents of the University of Idaho. It is, therefore, the policy of the
University of Idaho to condemn sexual harassment.
Retaliation FSH 3810
It is a violation of University policy for any employee to engage in retaliatory conduct, which
includes conduct that intimidates, threatens, coerces, or retaliates against any individual
because that individual reports a perceived wrongdoing, inequity, or violation of law or UI policy,
files a complaint alleging illegal or prohibited discrimination, participates in a grievance or
appeals procedure, or participates in a dispute resolution through Human Resources or the
Office of the Ombuds.
As stated above, the full investigation process will be detailed to you. Please contact me by
email or phone to confirm a meeting for Friday, July 8 at 2 p.m.
Sincerely,
Carmen Suarez
Director
Cc: Dr. Kathy Aiken, Dean

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