In addition, Shelbourne filed a second open records complaint, this one against UWM, with Milwaukee County Corporation Counsel Margaret Daun in early February. UWM is refusing to release another document pertaining to the professor by claiming attorney-client privilege, and Shelbourne is asking the Corporation Counsel to review the university’s decision.

MPD’s denial of Shelbourne’s open records request states that police conducted the “required balancing test” and “determined that the public disclosure of the responsive sexual assault records would constitute an invasion of the right of privacy of the victim or the victim’s family members, and would cause further emotional and mental distress, as well as representing a potential outrage to the community’s notion of decency.”

Shelbourne told MPD she would be willing to accept the police reports with the complainant information redacted.

The professor has a role in shaping UWM’s sexual harassment policy, and he also has frequent contact with students.

Media Milwaukee will not name the professor until more details are available to the student journalists.

“I filed a complaint because I believe there needs to be a second pair of eyes to examine their reasoning for denying my request,” said Shelbourne of both MPD and UWM. “Students invest a lot of time and money into this university, and they deserve to know whether their professor is being investigated.”

MPD stated in its denial that there are “sexual assault records” involving the professor, but they also said, in connection with a second denial years ago to the UWM Post, that the matter did not result in arrest or charges and was unfounded, but they did not say why. The MPD letter denying the records to Shelbourne was signed by then-Chief Edward Flynn and Sgt. Vickie Gagliano.

At one point in the denial, they referenced more than one alleged “victim.”

“Please note, however, that we may be able to release a copy of these sensitive records if you are able to inform the MPD Open Records Section that the victims involved in this incident consent to the release of the responsive record,” MPD wrote. That’s despite the fact that Shelbourne was willing to take the records with the names and identifying information of any complainants redacted.

Shelbourne filed both complaints after a Media Milwaukee investigation that she helped lead discovered 37 sexual misconduct complaints for alleged sexual harassment and sexual assault that have been filed against UWM staff from 2013-2017. UWM has yet to release those complaints and has indicated the university may be legally obligated to send notices to the staff members, giving them a chance to ask a judge to block release of the complaints and decisions.

The MPD document is from before that time frame, dating to at least 2009. The date of the UWM document is not clear because UWM has not yet provided any details on it.

Shelbourne also contacted the professor. When asked about the allegations, he said he wasn’t at liberty to say.

The professor’s lawyer then contacted the student journalist. “If you want to play cat and mouse, you do that. If you think you’re somehow involved in the media…” attorney Bob LeBell told the student journalist, claiming that her questions to the professor amounted to a “threat,” and adding, “and that’s a problem for you.”

Before the lawyer contacted her, Shelbourne says she sent a detailed email to the professor explaining everything, yet when his lawyer called he asked her questions she had already clearly answered in the email to the professor.

Shelbourne then asked the professor and his lawyer to voluntarily release the police documents; they did not respond to that request. The lawyer is a well-known criminal defense lawyer in Milwaukee.

Listen to Shelbourne talking about her open records efforts below:

Under Wisconsin open record laws, journalists and citizens can appeal denials of open records requests to the attorney general, the Milwaukee County Corporation Counsel or go to court. Shelbourne filed the appeal against UWM with the Corporation Counsel because the attorney general sometimes defends UWM, a state agency, in court.

Shelbourne sent her complaint against MPD to Wisconsin Director of Communications and Public Affairs Johnny Koremenos and Wisconsin Attorney Brad Schimel. The office is reviewing the matter.

When the Milwaukee Journal Sentinel sued the same police department previously, seeking, in part, “incident reports for all sexual assaults during the 2009 calendar year,” the state Supreme Court ruled that “there is no dispute that the records requested fall within the statutory definition of a record to be released,” adding, “Wisconsin’s commitment to open, transparent government rings loud and clear in the Public Records Law. The Law reaffirms that the people have not only the opportunity but also the right to know what the government is doing and to monitor the government.”

As for the UWM document, UWM Public Records Custodian Julie Kipp initially asked Shelbourne if she only wanted formal documents related to the professor and, when Shelbourne said yes, she said there was were no responsive documents. Shelbourne then asked for informal documents as well, and was told one document does exist, but the file could not be released due to attorney-client privilege.

“With regard to your follow up question, there is one responsive document to your request for ‘a report, complaint, investigation and/or discipline/decision into (the professor) into sexual assault or sexual harassment on any level, whether formal or informal,’” said Kipp.

It’s unclear why UWM would have an informal document but no formal documents (such as a complaint or decision), since Title IX requires universities to conduct thorough investigations. “Regardless of whether the victim files a formal complaint or requests action, the school must conduct a prompt, impartial, and thorough investigation to determine what happened and must take appropriate steps to resolve the situation,” reads a 2008 letter from the U.S. Department of Education. The same letter explains, “A federal law, Title IX of the Education Amendments of 1972 …prohibits discrimination on the basis of sex, including sexual harassment, in education programs and activities. All public and private education institutions that receive any federal funds must comply with Title IX.”

Shelbourne later asked for a redacted version of the document as well to get clues as to what it entails.

On Feb. 16, Deputy Corporation Counsel Paul D. Kuglitsch responded to Shelbourne’s complaint against UWM, writing: “Yesterday, I spoke with Ms. Julie Kipp, the Public Records Custodian in the Office of the Vice Chancellor. She informed me that although she denied your initial request based upon attorney-client privilege, you made a subsequent request for the same records in a redacted format . . . Therefore, the initial denial is moot as the records custodian is seeking to provide the records in the requested redacted format.”

However, Shelbourne does not consider the request moot because her complaint to the Counsel is seeking the full document – not the redacted document. When she reiterated this point to Kuglitsch, he responded, “To recap, your initial request was denied. Subsequently, you made a second request seeking the same documents but in a redacted format. UWM is currently evaluating this request and intends to respond. If UWM does not respond, or if it denies your subsequent request, or if its response is not satisfactory, please reach out to my office and we may reconsider our position. However, we will not be initiating an action at this time.”

Shelbourne asked for a redacted document in the meantime simply to get more information on the document while seeking its full release. Shelbourne intends to reassert her request with Kuglitsch for the full document after Kipp provides or denies the redacted document request because either one won’t satisfy Shelbourne’s belief that students should be able to see the full document.

Former executive director of the Student Press Law Center of Arlington, VA., Frank LoMonte, has been following Media Milwaukee’s series on sexual assault and harassment allegations, and he agrees with Shelbourne that transparency is in the public interest.

“There is no more important issue on college campus today than the way administration responds to sexual harassment,” said LoMonte.

This is the second time a UWM student journalist tried to access the same records involving the prominent professor. A former editor of the UWM Post, Jonathan Anderson, filed a 2009 open records request with MPD and was denied.

Anderson now works for the USA Today network in Wisconsin.

“We’re really just looking for truth and the police department is preventing that,” Anderson said. “We know there’s a police report.”

Anderson’s 2009 request asked for all complaints made by individuals against the professor, all records of any investigations into the professor and for all records of calls to the professor’s home address.

In a 2009 email to then-MPD-spokeswoman Anne Schwartz, the UWM Post’s Kevin Lessmiller, who was working on the story with Anderson, recounted receiving a response from Deputy Inspector Mary Hoerig which stated, “The only record that is responsive to your request is an MPD incident report consisting of unfounded, uncharged allegations of a sensitive nature. There was no arrest and no prosecution based upon the allegations in the record that is responsive to your request.”

Lessmiller, now a PhD student in Tennessee, asked Schwartz, “Can you give more detail as to why the allegations in this incident were determined to be unfounded and uncharged?”

Schwartz responded, “I read the response from Deputy Inspector Hoerig and I found it to be a complete answer to your question and within the guidelines of what State of Wisconsin law states we are able to release. We have nothing further to share at this time.”

It’s not clear whether the UWM and MPD documents are related or why MPD is couching its recent denial in victims’ rights when it previously stated the allegations were “unfounded.” Asked whether UWM knew about the Milwaukee police report involving the professor, Michelle Johnson, Sr. Director of Integrated Marketing & Communications at UWM, responded, “At this point, I’m not sure who might have known about the allegations since this took place long before I started work here.”

“First, as you noted, no arrest was made, and no charges were filed in this case,” she added. “Basically, the police determined that either a crime was not committed or the available evidence didn’t support an arrest. I think it’s important to restate this because we know that not all allegations are true and investigations are important in determining what is true. Quick judgements can, upon investigation, turn out to be unfair.”

She further concluded, “There is no record of the Milwaukee police informing UWM police about the investigation. My understanding is that the relationship between MPD and UWM PD wasn’t as established or as extensive in 2009, so the information likely wasn’t shared at that time.”

The post Student Journalist Files Open Records Complaints against MPD, UWM appeared first on UW-Milwaukee Investigation.

One of those two complaints also involved racial discrimination accusations. Media Milwaukee obtained the decisions in both cases from a source; they are among the many decisions that UWM still has not released despite a pending open records request. You can read the documents in full later in this story. In both 2015 cases, the university’s EDS office found that the police officers engaged in misbehavior (Timothy Hansen of racial discrimination, but not the sexual harassment charge, and Brian Switala for sexual harassment), yet Provost and Vice Chancellor Johannes Britz overturned both decisions, clearing the officers. Britz found “no violation” in every 2015 case and in nearly 70 percent of all cases in the past five years, a Media Milwaukee investigation found. The provost’s decisions are final.

The accusations painted a picture of a police force rife with sexual overtones less than a year after the former police chief was fired after concerns arose about his alleged communications “of a sexual nature” with a student. Then-Sgt. Switala, now a lieutenant, was accused in one of the complaints of allegedly making a sexual joke about a CPR mannequin’s “head busting,” of gawking at female students, making “sexual innuendos” about female officers eating bananas and a custard donut, and commenting about his penis size, according to documents in the case obtained exclusively by Media Milwaukee, and which you can read later in this story.

Switala was engaged to a student, married an officer and dated other co-workers, according to the decisions from the 2015 sexual harassment investigation. He was also previously involved in the high-profile, on-duty fatal shooting of a motorist, Joseph Bauschek, 34,  who was shot in a police pursuit in 2003. Switala testified he feared for his life because the jeep drove toward him; the fatal shot pierced the back of the driver’s seat. An inquest jury found that Switala did not act in self defense but didn’t recommend charges, and none came.

The provost, despite the exoneration findings in the 2015 complaints, nonetheless suggested that the new police chief, Joseph LeMire, who was hired in July 2015 in the midst of the investigations, consider taking steps to improve the climate on the police force, which the UWM PR office acknowledged to Media Milwaukee had an environment where “mutual sexual banter” was common. One step LeMire took to do so, according to an university statement provided to Media Milwaukee: He promoted Switala.

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The second accused, Timothy Hansen, a now-retired sergeant who worked at the Milwaukee Police Department before coming to UWM, was accused of racial discrimination in addition to sexual harassment for allegedly saying officers left chicken bones in their squad cars, asking black officers if he’d arrested them before, and allegedly asking women if they were going to “bake for us” and saying they belong “in the kitchen.”

One witness alleged that Hansen referred to black and white police officers in the same car as the “salt and pepper squad,” an apparent reference to the movie Lethal Weapon. He was also accused of commenting that black people don’t play or like hockey and saying of a man on surveillance footage that “he does not look like a bike thief; he’s white.”

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“I was exonerated of any wrongdoing,” Hansen told Media Milwaukee in a written statement. Britz told the news site that he strives to accomplish a “a fair and impartial process.”

Britz has acted as Dean of the School of Information Studies as well as the Dean of the College of Health Sciences before he was made a permanent provost in 2012. A double-doctorate and South African native, Britz has degrees in Christian philosophy and Ethics as well as Information Science Ethics. He has also been the permanent provost for six years as the final arbiter of EDS complaints.

In the past five years, there were 37 cases of professors and other staff members accused of sexual assault and sexual harassment at UW-Milwaukee, a Media Milwaukee investigation uncovered. Little is known as most details are still hidden. Despite those numbers, the UW System was only aware of one sexual harassment complaint against UW-Milwaukee faculty or staff in the last 20 years. Media Milwaukee journalists are still seeking more information as the university has yet to comply with a number of open records requests made, including for complaints and decisions. The student news site obtained the decisions involving Switala and Hansen from a source, not the university.

In media statements after the student journalism investigation was published, the university repeatedly stressed that violations were found in only 11 of the cases. However, that doesn’t tell the full story; namely, that Britz has overturned EDS in some cases. Media Milwaukee has a pending open records request to find out all of the EDS outcomes to determine how often Britz overturns the office.

(Update: In a statement emailed to faculty, staff and students shortly after this story was published, UWM’s Chancellor Mark Mone wrote, “Recent nationwide news coverage regarding sexual harassment, and as of last week, local coverage about UWM, demonstrates the need for vigilance and continued attention to this important topic. UWM maintains its stance of taking sexual harassment and misconduct seriously and its commitment to ongoing actions to provide an environment free of such behaviors. As no organization is immune from sexual harassment and misconduct, UWM has policies, procedures and services to address these issues.” Mone also reiterated that the university may provide legal notice to those accused, giving them a chance to block release of the complaints in court. He continued, “Our Office of Equity and Diversity Services (EDS) is available for faculty, staff and students to discuss concerns and file complaints. While even one allegation of sexual harassment or misconduct is too many, EDS data show that formal complaints of sexual harassment and assault have decreased at UWM every year since 2014. In the last five years, there were 40 complaints involving 37 instructors and supervisors. In most cases, the investigation found no violation. In 11 cases in which a violation did occur, appropriate discipline was taken. Most of the violating faculty and staff were terminated or have left the university.”)

In several points in his decisions, Britz cleared the officers because witnesses didn’t complain about their discomfort at the time to the accused or provide specific dates to EDS. Britz noted that one witness said “a good 95 percent” of the police department participates in sexual talk of some nature and another said “sexual joking is very common.”

However, the provost also raised serious questions about the quality of EDS investigations at UWM in the Hansen case; EDS investigates and then refers its findings to Britz, who has the final say.  Hansen complained that witnesses were not recorded and that the EDS findings were rife with factual errors, and Britz acknowledged that there were serious errors in the EDS report, documents show.

For example, Britz found that the EDS investigator didn’t even get the number of years that Hansen had worked at UWM right and accused Hansen of an accusation that a witness had actually alleged to EDS against another officer. Britz also found that “EDS’ notes support the Respondent’s assertion in his appeal that EDS attributes statements to him that he never made.”

Furthermore, although EDS alleged that Hansen made the chicken bones comment about black officers, Britz found that there was no evidence in EDS’ own file that Hansen referred to race when making the remark. Britz said that every comment about race is not discriminatory, depending on the context.

However, Britz admitted to student journalists that he sometimes doesn’t get the full EDS file and generally doesn’t interview the respondent or complainant before making his decisions. In the case of the two officers, though, the original complaints were made anonymously, although 30 witnesses were interviewed in each case, documents show.

“I was not at the department to be their friend, but to be a supervisor,” said Hansen in an email to a student journalist. He then ended the email wishing the student journalist good luck while urging her to be careful on how the students report information and urging her not to “twist” it.

“There were some officers in the UWM Police Department that made it known to me that they resented former Milwaukee Police Department employees being hired by the UWM Police Department when I first got there,” said Hansen, who has since retired. “I believe that the anonymous complaints made against me were part of this resentment.”

Switala, who is now fourth in command on the force, did not comment despite two attempts both in person and writing.

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The university promoted Switala to lieutenant the year after the investigation concluded, even though the Equity and Diversity Office ruled that “there was sufficient evidence to substantiate a finding of sexual harassment against the Respondent as the Respondent frequently made sexual jokes and innuendos and discussed his penis.”

EDS’ overturned decision had determined the behavior “created a hostile work environment for UWMPD employees” and ultimately recommended discipline and sexual harassment awareness training. According to documents, EDS “indicated in its findings and recommendations that ‘multiple witnesses also stated that the Respondent would openly flirt and request female employees to ‘hang out’ with him. Other witnesses offered that the Respondent has had or attempted to have ‘relations’ with female employees, including students.’” Jazmin Taylor, who authored the EDS findings, has left the university. She did not respond to a message sent to her through LinkedIn seeking comment.

Taylor left UWM the same year Britz overturned her decision, and now she currently works for Columbia University in the City of New York as a director of investigations, according to her LinkedIn. She’s also one of multiple directors of EDS in the last few years in an office that’s been plagued by high turnover.

A university statement provided to Media Milwaukee in response to questions about the complaints included Switala’s promotion on the list of changes made by LeMire as part of his “holistic effort to improve professionalism and climate” after the allegations were made. LeMire, who came on board as chief after the accusations were first lodged, promoted Switala in October 2016 as part of his efforts at “developing internal talent for promotion to supervisor positions,” the university wrote, speaking on his behalf.

In his Switala decision, Britz remarked, “…assuming the alleged statements by the Respondent were in fact made, the mere fact that the Respondent made comments about his penis or other sexual innuendos in the workplace does not mean that those comments rise to the level of a hostile working environment.” However, he stressed, “sexual innuendos and comments about one’s penis are not appropriate for the workplace.”

After Media Milwaukee obtained the decisions from a source and reached out for comment from UWM about them, the university also revealed that there were more complaints against UWM police supervisors around the same time frame. Asked how many complaints were made in addition to those against Hansen and Switala, a university spokeswoman, Michelle Johnson, wouldn’t say, but added, referring to the additional cases: “The only thing I can say right now is that in both cases, EDS and the Provost found there was not a violation of the discrimination/harassment policy.”

UWM also noted that the “complaints against Sgts. Hansen and Switala were two of several made simultaneously and anonymously against Police Department supervisors in May 2015, while a recruitment for a new police chief was pending.”

As for the accusations against Switala, Johnson wrote Media Milwaukee: “Specifically as to then-Sgt. Switala, the provost found that several of the allegations made against him were meritless and others occurred years ago when he was not a supervisory officer. As a result, the provost concluded that Sgt. Switala’s conduct was not sexual harassment. However, during the course of the investigation, it was determined that there was an environment where mutual sexual banter appeared to be common. As a result, the provost concluded the climate within the department  and professionalism should be addressed.”

UWM’s former police chief, Michael Marzion, had been fired in September of 2014 for allegedly “exchanging messages of a sexual nature with a female student,” according to a Fox News report.

Britz concluded both the Switala and Hansen decisions with a stern admonishment that he was concerned by the “general propensity of individuals within the Police Department to interpret comments and statements made by their colleagues in the worst possible light.”

Switala allegations

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Switala has served on UWM’s bicycle task force, and he can be seen standing with bicycles side-by-side with Chancellor Mark Mone and Officer Lamar Griffin in a photo on the UWM website. A 2016 Britz email to campus says, “The Chancellor and I have our quarterly meeting with the senior leadership of the Medical College of Wisconsin. In the afternoon, I have the Chancellor’s Student Success Work Group and will accompany Sergeant Brian Switala on his bicycle beat.”  In 2013, Switala served on a committee that selected outstanding service award winners for UWM.

Switala appeared in a Nov. 9, 2015 PantherVision television story by UWM student journalists; the provost’s decision was handed down on Nov. 23 of that year. He spoke about robberies on campus and campus safety. You can watch that interview here.

In his 2015 decision into the sexual harassment accusations against Switala, Britz found that two witnesses indicated that Switala made a comment to the effect of a mannequin’s “head busting” in 2011 or 2012 and one witness “indicated this was a slang reference to ejaculation.”

Switala admitted joking when the CPR mannequin’s head popped off because the mannequins were old but denied the comments were of a sexual nature.

Britz wrote that he searched the internet and did not find a single instance of “head busting” being used as a reference to ejaculation. (Media Milwaukee found with a quick internet search that the Urban Dictionary does say the term “bust” can mean “to orgasm,” although the term head busting doesn’t come up.)

Among the many accusations against him, Switala was accused by anonymous parties of deleting squad footage that allegedly recorded him saying “look at those daytime beauties” while patrolling Bradford beach.

In one of his findings, Britz deemed the daytime beauties allegation “meritless” because no witness backed up this allegation. “A number of witnesses confirmed that the respondent never asked to have squad video erased, nor did he have the access/authority to do it himself,” Britz wrote, adding that Switala indicated he hasn’t patrolled Bradford Beach for 10 years. “While one witness did indicate that the respondent makes comments here and there about female students and another said he ‘gawks’ at them while in his squad car, neither witness provided any examples, dates, or other context in support of their statements,” Britz found.

Britz found that several witnesses labeled Switala flirty or a flirt but didn’t say it made them uncomfortable. One witness said he asked her to hang out and that made her uncomfortable. But it occurred five years before, and Britz said the witness didn’t tell Switala that it made her uncomfortable. Another witness said that Switala has tried to “hook up” for sex with a few officers, but didn’t offer dates, specifics or other context, the documents contended.

Britz noted that asking colleagues on dates, to hang out or even for sex is not prohibited under UWM’s Discriminatory Conduct policy.  Consensual relationships without abuse of power or conflict of interest is permitted. “The Respondent confirmed that he has been engaged to one student while a UWM police officer and married a UWM police officer and dated others; all of which is permissible since he was either not a supervisor when these relationships occurred or disclosed them pursuant to UWM’s discriminatory conduct policy,” determined Britz. (Note: The UW System has asked UWM to change this policy, but a key faculty committee sent it back late last year for more debate.)

One female officer did indicate that Switala “pulled her hair in 2011 and that it was sexual in nature,” Britz wrote, but he said that she didn’t report the incident or tell Switala it made her uncomfortable. Switala, in his appeal, recalled “swatting this same female officer’s ponytail in a playful manner in 2009/10 because she would draw attention to how thick her ponytail was.” Britz found no evidence that this was sexual.

Two witnesses indicated that Switala “gawks” or comments when women eat bananas. And one said he made a “joke of a sexual nature about the custard dripping” out of a donut she was eating. However, Britz found the witnesses didn’t indicate to Switala that they found his statements offensive or were uncomfortable. Switala did not deny making comments to one of the witnesses about her eating a banana, but he said it was sarcastic in nature because “he thought it was inappropriate that she was eating at roll call.”

As for the custard donut, he said the comment happened five years before and was said in response to the witness commenting she wanted to eat the custard out of it. He explained that he said something to the effect of “too bad you can’t make your tongue into an auger and get the custard out easily.”

One male witness alleged that Switala “put his flashlight or hand on a female officer’s shoulder while standing behind her” and said, “This is how big it is,” referring to his penis size. The female officer this allegedly happened to confirmed “the flashlight incident.” Dates and specifics were not provided. A male officer said he has seen Switala “swing his leg out” as a “gesture of how long his penis is” without providing dates and context. A female witness alleged Switala made comments in the past year about his penis being long and/or heavy. Switala, in turn, claimed that a female officer asked the size of his penis, which was confirmed by several witnesses. Britz said it was difficult for him to determine what was said and when.

EDS wrote that “employees were hesitant to report the Respondent’s conduct because he holds authority, causing them to fear potential retaliation” and found that “witnesses overwhelmingly corroborated the allegations related to the Respondent in that the Respondent frequently made sexual jokes and innuendos and discussed his penis. Witnesses stated that the Respondent’s behavior was unsolicited and offensive.”

According to Britz’ decision, Switala, in his appeal, took issue “with the lack of specifics provided by EDS, including a general lack of dates and context.” Switala is now one of two lieutenants in the command structure of the UWM police force and its fourth in the line of command.

“EDS recommends that the Respondent be subjected to discipline as deemed appropriate by his supervisor and Vice Chancellor Van Harpen. EDS also recommends that the Respondent undergo sexual harassment awareness training,” wrote past EDS Interim Director Jazmin Taylor about Lt. Switala.

Britz disagreed with her decision.

The complaint against now Lt. Switala came 12 years after he was involved in the high-profile police shooting as a UWM officer.  He shot and killed the motorist from Greenfield, Joseph Bauschek, who had cocaine in his system, making Bauschek high and too intoxicated to drive, according to a brief in support of summary judgment in a civil suit that Bauschek’s mother filed in the case. It was granted, dismissing the case. Bauschek led Switala and two other police cars on a high-speed chase that ended once he lost control of his jeep. In less than four seconds, Switala fired seven shots with only one bullet killing Bauschek, the court documents say. He said the jeep accelerated toward him after a chaotic chase, according to the court documents. Three bullets struck the jeep head-on, three (including the fatal bullet) struck it at an angle, and “one bullet struck the back of the jeep,” court documents say.

Switala said he shot at Bauschek because he felt his life was in danger, but UWM police officer Lamar Griffin, who was on the scene, initially said Switala was running after the jeep when he fired the last shot, court documents allege. Griffin later changed his statement and said he didn’t recall saying that, the brief, filed in court, says. The case garnered heavy news coverage in part because of the oddity in the inquest jury’s finding: The jury determined that Switala did not act in self defense, but it also found there was not enough evidence to support murder charges.

Switala “testified that he had no recollection of firing at the rear of the Jeep and that he could provide no explanation for why a bullet he fired had struck the rear of the Jeep,” court documents say.

Tracking Down Lieutenant Switala

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A student journalist went to UWM’s Police Department to meet with Switala about the sexual harassment allegations, but he wasn’t available at the time. However, another UWM police officer told the journalist that Switala usually comes in around noon and to call back during that time to check if he’s in. The student journalist called the department at 12:02 p.m., asked for Switala, and after a few seconds on hold, Switala answered. The student journalist made it clear that their discussion needed to be in person, and Switala agreed to meet that day.

After arriving back at the department, the student journalist was then confronted by UWM Chief of Police LeMire, who came to speak on behalf of Switala. The journalist insisted on being brought into a private room with Switala before revealing the matter. Eventually LeMire led the journalist up two flights of stairs into a private room, where he, Switala and the journalist spoke.

The journalist immediately pulled out the EDS decision and Provost decision and explained that Media Milwaukee would be running the story early next week, and that before the story ran, the journalist wanted Switala’s side of the story. Not once did Switala speak during this encounter; instead Chief LeMire spoke for him, stating they needed more time to look over the documents, which the journalist then told the men they had the weekend plus the beginning of the following week to do.

Again,  Switala sat quietly while Chief LeMire asked the journalist questions such as “how long have you had these documents” and “who gave you these?” The journalist didn’t disclose this information with him and within a few minutes the meeting was over.

The student journalist followed up with Switala and LeMire through email that same day, Friday, January 5, and asked the men to follow up with an interview before the upcoming Wednesday. Johnson replied for LeMire. Switala never responded.

In contrast, Hansen responded through email within a day or two after the student journalist contacted him. He didn’t agree to an interview, but provided a lengthy paragraph through email briefly explaining his side of the allegations.

Hansen allegations

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Hansen wrote that he appreciated the student journalist’s efforts to receive his opinion because he believed he was mistreated, and he couldn’t stress that enough. He may have been disappointed with how his colleagues treated and thought of him, but he only had kinds words to say about Britz.

“I think that Provost Britz is one of the wisest and most common sense people on the UWM campus,” said Hansen. He then gave a quick brief background of himself where he stated he worked with MPD and worked most of his career Milwaukee’s north side. Hansen made it clear that he took his supervisory position at UWMPD seriously, and that he wasn’t there to make friends.

In Hansen’s case, EDS wrote that, although the sexual harassment complaints lacked sufficient evidence, there was adequate evidence substantiating the racial discrimination complaints.

The EDS determination went on to note that, even though the Respondent had not considered his remarks harmful, “Witnesses expressed being offended by the comments and not wanting to work with the Respondent because he made such comments. The cumulative effect of these statement can be very harmful, especially coming from a supervisor, which leads EDS to determine that the Respondent created a hostile working environment for employees by repeatedly making offensive comments about race in the workplace.” EDS further concluded that Hansen should be disciplined and required to attend training for workplace etiquette.

Hansen stayed with the department until 2016, one year after EDS stated, “there exists sufficient evidence to substantiate a finding of discrimination based on race and/or color against the Respondent [who] acknowledged that he made comments relating to race.”

However, Britz found the allegations unfounded and overturned EDS’ decision.

Regarding the chicken bone incident, Britz stated, “The Respondent asserts that he indicated that one of [the] nastiest things he found in a patrol car were chicken bones and that he never made reference to the race of the person/s who left the mess. No witnesses alleged that the Respondent mentioned race or even referred to a particular officer’s car . . .”

Based on this evidence, Britz said, “there does not appear to be evidence of a connection between the Respondent’s comment about ‘chicken bones’ and race.”

Of the witness who heard Hansen comment that women “belong in the kitchen,” Britz wrote, “No date or context was provided, and no other witnesses confirmed this. The Respondent denies making this statement.”

Britz also noted that the baking comment was directed at an officer who “regularly baked for her shift” and therefore, had not been particularly directed at the individual due to her gender.

The “salt and pepper squad” mentioned in Hansen’s complaint was also found not to be discriminatory.

“No context is is provided and no racial motivation suggested,” Britz wrote, adding that he didn’t believe those comments were discriminatory based on the context of the witnesses and the Respondent.

Moreover, in regards to the hockey comment that EDS found as evidence of Hansen’s discrimination, Britz disagreed,  saying that “the coworker was clear that he did not take offense and himself agreed that hockey was not popular among Black people . . . I find the Respondent’s assertions that he intended this as an observation, coupled with the fact that this is how it was received by the person it was directed to, to be credible.”

Britz made a semantics argument for the bicycle thief comment.

“The Respondent does not dispute that in viewing a videotape of a bicycle theft that he made reference to the bike thief being white. He asserts that it was a simple observation and was not racist,” explained the provost. And Britz appeared to take this to heart, additionally noting, “I cannot definitively determine what was actually said, nor conclude that the Respondent acted inappropriately.”

What Britz & UWM Say

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Media Milwaukee asked both the university and Britz for comment.

Johnson, the university spokeswoman, did confirm with the student journalist that Hansen retired in 2016. The university provided Hansen’s retirement letters to Media Milwaukee for no cost to respond to a student open records request. You can read them here:

The letter to Hansen from LeMire stated that Hansen had announced he was retiring on Sept. 14, 2016. He had agreed to take leave time from Oct. 27, 2016 through Dec. 10, 2016. He would come to the police department for one day to return his equipment.

The chief wrote that he thanked Hansen “for your contributions and service to the UW-Milwaukee Police Department and UWM.”

Johnson confirmed that Switala’s EDS decision was overturned by Britz but added that “it was determined that there was an environment where mutual sexual banter appeared to be common. As a result, the provost concluded the climate within the department and professionalism should be addressed.”

LeMire, as a new hire, found that there were multiple issues to address, including those noted by the provost in his decisions, said Johnson in her statement to the student journalist. According to his UWM biography, LeMire “started his law enforcement career with the UW Madison Police Department in 1993. Since that time he has worked for the Hannahville Indian Community in Wilson, MI, The Escanaba Public Safety Department in Michigan and the University of Wisconsin Oshkosh where he served as Police Chief prior to being appointed Chief of Police by UW Milwaukee in July 2015. ”

According to Johnson, LeMire promoted Switala to lieutenant after having numerous conversations with other staff about Switala. He then concluded that Switala “ is a talented, dedicated, and respected police supervisor and that he merited promotion to the rank of lieutenant,” Johnson’s statement said.

To improve the department’s environment, LeMire started different initiatives such as a department motto: “Building Relationships–Protecting Community.” He established an open-door policy for all staff with respect to the chief and instituted training for all supervisors and staff on professionalism and inclusion, which was completed in 2016, according to Johnson’s statement.

Britz met with Media Milwaukee student journalists and provided a written statement. In the written statement provided to Media Milwaukee, Britz explained his philosophy for addressing sexual assault and harassment allegations on campus:

“My philosophy in responding to allegations of sexual harassment is first to ensure a fair and impartial process that respects the dignity and privacy of all parties. I also review investigatory findings against applicable legal standards and UWM policies and procedures.

After EDS completes its investigation, its report is sent to me with copies to all parties. Upon receipt of the EDS report, I wait for the expiration of the appeal deadline. Then, after a careful review of the file, including any appeals, I render a decision. It is common for me to uphold EDS’s findings and recommendations. However, there may be cases in which I have additional questions or concerns and remand the matter to EDS for further investigation or clarification. There have also been instances where, in consultation with EDS and Legal Affairs, I have disagreed with the findings and/or recommendations made by EDS. These situations arise when I reach a different conclusion regarding the evidence in the case files and/or based on one or both parties’ appeals. While rare, these instances demonstrate that the appeal to me is an important step in the process to investigate these matters and reach an appropriate and fair conclusion. [Per the Discriminatory Conduct Policy, the same process applies to all discrimination complaints, not just those based on alleged sexual misconduct.]”

Editor’s note: If anyone has any information that would be useful to this ongoing student investigation, you can contact the student reporters Talis Shelbourne, Nyesha Stone or Miela Fetaw at media-milwaukee@uwm.edu. This story was updated to include part of Mone’s statement, which was released shortly after the story was published, and to state that the university provided information for five years of complaints.

The post UWM Police Sexual Harassment Claims Spark Dueling Decisions appeared first on UW-Milwaukee Investigation.