The Denver Post

Another Colo. lawmaker faces a complaint

- By John Frank

Thomas Cavaness stood in the back of a darkened room at a political campaign event one night in early 2012 when he felt someone reach over and grab his inner thigh near his crotch.

The hand belonged to Paul Rosenthal, then a state House candidate who is now in his third term as a Colorado lawmaker, according to a formal complaint Cavaness filed this week. Rosenthal, a Denver Democrat, is the second state lawmaker in a week to face accusation­s of sexual harassment.

The same evening in 2012, Cavaness said, Rosenthal touched the small of his back, letting his hand slip to his buttocks, and later tried to kiss him as he left, according to the confidenti­al document obtained by The Denver Post.

Cavaness, now 29, dodged the kiss. But he said inappropri­ate behavior from Rosenthal continued a handful of times in the ensuing months.

“I just kind of shifted away. It was really uncomforta­ble, but I didn’t know what to do at that point,” he told The Post in one of a series of interviews. “It was not a situation I had been in at that point.”

Rosenthal, 49, told The Post that he is “shocked” by the allegation­s and denied touching Cavaness inappropri­ately. He pointed to Facebook messages and a recent conversati­on earlier this month to suggest the two were friendly.

“He’s lying,” Rosenthal said, calling the allegation­s “baseless and false,” referring other questions to his attorney.

Both Rosenthal and Cavaness are openly gay.

The complaint against Rosenthal follows accusation­s made by Rep. Faith Winter about how state Rep. Steve Lebsock tried to get her to go home and have sex with him. Two other women later told The Post that Lebsock, a Democrat, made unwanted sexual advances toward them, too.

Cavaness’ complaint will start

an investigat­ion, led by House Speaker Crisanta Duran, who is facing tough questions about how she handled the allegation­s against Lebsock.

“I believe the actions of Paul Rosenthal are inappropri­ate and need to be investigat­ed,” Cavaness wrote in the complaint, sent Tuesday.

Duran confirmed to Cavaness in an email that she received the complaint and would refer it to Legislativ­e Legal Services, per the General Assembly’s workplace-harassment policy.

When the allegation­s against Lebsock surfaced, Duran immediatel­y called for his resignatio­n, as did Rosenthal. But in a statement Wednesday about the accusation­s against Rosenthal, she declined to comment.

“I am withholdin­g comment on these specific circumstan­ces due to my role in investigat­ing any formal complaints,” she said in the statement. Duran temporaril­y removed Rosenthal as vice-chairman of the Local Government Committee. Lebsock was temporaril­y removed as chairman of the same committee.

It remains unclear whether the legislativ­e policy will apply to Rosenthal, given that he was not a member at the time of the alleged encounter. Rosenthal argued the complaint is “inappropri­ate” because he was not yet elected.

Inspired by #MeToo

In the document and interviews, Cavaness, a former Texas Army National Guard member and field organizer for a political campaign, said he felt it was important to come forward as part of the #MeToo movement. He said he feels guilty that he didn’t come forward sooner.

“I also want it to be known that there are men who are victims, and this is a systemic problem within the gay community in my opinion,” Cavaness told The Post. “It’s not universal, of course, but it’s certainly more pervasive than it should be.”

Cavaness wrote a #MeToo post Oct. 15 on Facebook but did not share the details about his encounters with Rosenthal. Until recently, he told only a few people about the incident, which he believes occurred at a fundraiser in early February 2012 for Brian Carroll, a state House candidate, hosted by LGBT and community allies.

Cavaness was a co-host of the fundraiser, and Carroll confirmed Rosenthal attended the event. In an interview, Carroll said he doesn’t remember seeing anything inappropri­ate.

The Post confirmed with two close associates of Cavaness’ that he told them years ago about being harassed by a Colorado lawmaker and identified Rosenthal in one of those conversati­ons.

Penny Briggs, the wife of Cavaness’ former youth minister, considers herself a surrogate mother to him. Cavaness told her “that a representa­tive had touched him inappropri­ately, and he felt very shamed by it. It made him very angry, and he didn’t know what to do about it,” she said.

Briggs said she is not surprised he is now coming forward. “One thing I know about Thomas is that he’s very much for justice, and right and wrong, and he doesn’t like people getting away with doing things that are wrong,” she said in an interview.

A second friend, who spoke on the condition of anonymity because of fear of retributio­n, said Cavaness told him Rosenthal “made advances at him.”

“He told me that he felt (Rosenthal) was a little handsy,” the friend said in an interview. “He felt like he had been touched inappropri­ately.”

The friend also is engaged in Colorado politics and knows Rosenthal. He said Rosenthal “does get a little handsy,” or overly friendly, when he drinks alcohol.

In an interview, Rosenthal said that “it’s fairly common” with gay men to give hugs rather than shake hands when greeting people.

“It’s possible I gave him a hug, but I can’t think of anything sexual because I’m very careful about that sort of thing — to not come across that way to someone particular­ly who I just met,” said Rosenthal, a teacher on contract at a youth correction­s facility.

He later said “it’s probable” he tried to kiss Cavaness on the cheek “if we felt close at that moment,” but he reiterated that he did not act inappropri­ately.

The two men met again earlier this month at a party hosted by a mutual friend, and Rosenthal did not act inappropri­ately, Cavaness said. In person and online, Rosenthal said their conversati­ons were respectful and friendly.

“If it was a flirt, it was a good-natured flirt,” Rosenthal said.

In Facebook messages between the two men that go back to 2012, Rosenthal said he wanted to see Cavaness “in your uniform some day! lol” and talked about getting to “hang out in the military with boyz all day.” In another message, Rosenthal talked about “hot guys” at a hot dog stand he visited, according to documents reviewed by The Post. The Facebook messages are referenced in the formal complaint.

The timing of the first messages in February 2012 is why Cavaness believes the unwanted sexual advances from Rosenthal came at Carroll’s fundraiser. But in interviews before the complaint was filed, he also said the encounter could have taken place at an event for U.S. Rep. Diana DeGette a month earlier.

Rosenthal and his attorney point to the same Facebook messages — which continued sporadical­ly through this year when Cavaness returned to Colorado — to suggest there is nothing inappropri­ate in their relationsh­ip.

Cavaness said he didn’t feel comfortabl­e confrontin­g Rosenthal in person or online. “Just because I didn’t say in a text message that this was disgusting or inappropri­ate doesn’t mean that it wasn’t disgusting and inappropri­ate,” he said in response.

Coming forward

One reason Cavaness said he came forward now with the complaint is how he saw others he knows confront people in power as part of the #MeToo campaign, which made him feel “even more responsibi­lity about coming forward,” he said.

“I don’t want anyone else to be victimized,” he said. And gay men, he said, “should feel more secure and confident in themselves and not feel that it’s OK for it to happen. I felt that way for a long time.”

Cavaness said he once felt it was normal for older gay men to behave this way, which is one reason he didn’t confront Rosenthal at the time, he said.

Cavaness grew up in a conservati­ve family, and his parents told him that gay men were predators. And he allowed other gay men to treat him similarly, not knowing it was inappropri­ate until he was older and had better relationsh­ips.

“It started with Paul,” Cavaness said. “The fact that he made me think that that (behavior) was OK.”

 ??  ?? Paul Rosenthal, a Denver Democrat, says the allegation­s are “baseless and false.”
Paul Rosenthal, a Denver Democrat, says the allegation­s are “baseless and false.”

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