The Denver Post

HOUSE SPEAKER TOSSES COMPLAINT OF HARASSMENT

Questions linger about state house speaker’s decision about fellow dem

- By John Frank

Colorado House Speaker Crisanta Duran has dismissed a sexual harassment complaint against a Democratic colleague with little explanatio­n, a move that is prompting the accuser’s attorney to question whether the incident “is being swept under the rug without any accountabi­lity.”

Thomas Cavaness, a Democratic activist, filed a formal complaint alleging that state Rep. Paul Rosenthal, D-Denver, groped him and made unwanted advances at a 2012 campaign event when he was running for the state House.

In an exclusive interview with The Denver Post in November, Cavaness described how Rosenthal grabbed his inner thigh near his crotch and tried to kiss him at the event. Rosenthal — who, like Cavaness, is gay — called the allegation­s “baseless and false.”

Duran hired an outside human resources consultant from Employers Council to investigat­e the complaint but decided Friday that the General Assembly’s sexual harassment policy did not apply to the situation, according to internal documents reviewed by The Post.

In a conference call, Duran told Cavaness and his attorney, Alan Kennedy-Shaffer, that she dismissed the complaint because it fell outside the scope of the policy, given that Rosenthal was not a lawmaker at the time of the incident.

She declined to explain how she came to her decision, they said, and documents from the investigat­ion offered no further clues. But Duran made clear on the call that the terminatio­n of the investigat­ion was not a determinat­ion about Rosenthal’s innocence or guilt, Kennedy-Shaffer said.

Through a spokesman, Duran declined to comment Wednesday because the rules prohibit her from discussing investigat­ions. Rosenthal and his attorney, Harvey Steinberg, also did not return messages seeking comment. The decision came days before the legislatur­e is scheduled to convene for the 2018 session.

Duran sent the complaint Nov. 17 to the outside investigat­or, Michele Sturgell, and asked her to determine if the complaint amounted to a violation under the policy, documents show. Cavaness, now 30, met with the investigat­or Dec. 4. It’s not clear whether Rosenthal was ever interviewe­d. The documents provided to Cavaness after the investigat­ion do not reflect that he was ever contacted about the details of the complaint.

Given the outcome and the remaining questions, Kennedy-Shaffer said, “there is still a total lack of transparen­cy in the process of handling sexual harass--

complaints against legislator­s, and it’s unclear whether there will be any accountabi­lity for the sexual harassment of my client and others like him.”

The criticism toward Duran, a Denver Democrat, adds to questions about how she is handling two other sexual harassment complaints against state Rep. Steve Lebsock, a Thornton Democrat who is running for state treasurer. Duran appointed Lebsock as a committee chairman despite knowing about accusation­s from a fellow law maker, Rep. Faith Winter, that involved an incident in May 2016.

In conjunctio­n with Senate President Kevin Gran- tham, R-Cañon City, Duran commission­ed a broad review of the legislatur­e’s policy toward sexual harassment, which a Post investigat­ion found often tolerates bad behavior with few repercussi­ons.

In an interview, Cavaness said he came forward as part of the #MeToo movement and he said his experience proved the process is broken. “It is as convoluted and vague as I originally thought it would be — maybe more so,” he said.

“I was hoping for some sort of resolution through this process. That’s why I filed a complaint, and that’s why I went to the media,” he continued. “Here I am having really exposed sensitive informatio­n about myself (to the outside investigat­or), and there is no resolution. That is a really troument bling feeling. I understand why more women and more victims don’t come forward, because they are going to put everything out there and get no resolution.”

Moreover, Cavaness said, he feels his complaint was treated as an isolated incident, despite a Post report about how the speaker’s office quietly handled another complaint about Rosenthal’s behavior during the 2017 legislativ­e session.

In that situation, a former legislativ­e policy aide alleged Rosenthal used his office to pursue a romantic relationsh­ip with her brother. Rosenthal, a teacher, allegedly told the aide that he may be able to help her brother profession­ally as he sought a meeting. She took her complaint to Duran’s office, but it never rose to the level of an investigat­ion.

In the end, the former aide was told Rosenthal received materials reminding him of the workplace and sexual harassment policy. Rosenthal declined to comment on the incident.

Cavaness said his experience, and the more recent complaint, suggest “that this was a systemic pattern of behavior for Paul Rosenthal.”

He pointed to investigat­ions at the congressio­nal level into behavior of lawmakers before they took office as a model Colorado should follow. “When you are an elected official, it’s not just what you do when you are an elected official; it’s what happened before and while (you are a lawmaker),” he said. “You are a leader and have power and authority and should be held above reproach.”

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