Professor back after sexual harassment case at school
Aptekar returns to teach despite investigation results that found him at fault
A San Jose State University professor placed on paid leave last year after a campus investigation found that he sexually harassed a student will return to teaching and advising students at the school this fall.
According to an internal memo obtained by this news organization, Lewis Aptekar will teach two classes, which are set to begin next week.
A 2016 investigation by this news organization revealed that Aptekar, a member of the College of Education, remained at the helm of the counselor education department for almost five months after the school concluded that he had acted inappropriately in 2015 by repeatedly
asking a student during class whether she was single and saying he wanted to date her. The school put Aptekar on leave after receiving questions from the Bay Area News Group.
At the time, the school’s new president, Mary Papazian, said, “I think we can agree that there are things we can learn from the way it was handled. We want to get it right. We are looking at it carefully and I’m confident that we’ll do what’s right before this is done.”
According to the department memo sent to counselor education faculty on Tuesday, Aptekar will be involved with a number of department activities this fall, including advising students in two group sessions, admission procedures and course content.
“I’m outraged and disgusted,” said Jason Laker, another professor in the department who this past spring filed a lawsuit claiming that the school attempted to cover up repeated acts of sexual harassment by Aptekar.
“The university is making its priorities crystal clear,” Laker said. “San Jose State’s own investigation found this man responsible for sexual harassment and now they’re vouching for him.”
Aptekar, 72, did not respond Wednesday to a request for comment.
During an interview at her office on Wednesday, Papazian said that Aptekar had served out the terms of his punishment — a temporary suspension, diversity training and loss of the chair spot — for the 2015 incident.
But it wasn’t the only time students had complained about Aptekar’s behavior. In 2014, an associate dean at the school filed a complaint against the professor on behalf of two students who wished to remain anonymous.
The investigation into those earlier complaints, however, didn’t conclude until this year, and those complaints weren’t factored into the investigation into the 2015 incident, raising questions about the school’s handling of sexual harassment allegations.
Among the lingering questions is whether school officials knew about the 2014 complaint when they looked into the 2015 complaint. San Jose State says it believes that the officials involved were unaware of the earlier complaint.
In a series of emails between school officials obtained by this news organization, several officials, the college’s dean at the time, Elaine Chin, and associate dean, Mary McVey, insisted that they had not received complaints about Aptekar “from students.”
But Santa Clara Deputy District Attorney John Chase thinks the wording is worth a second look.
In an email obtained by this news organization, Chase wrote, “It is interesting that the emailed question … was whether the victimized students ever contacted her about this matter and NOT whether Dr. Chin ever knew about these complaints about Aptekar. When Dr. Chin incorporated Dr. McVey into her answer, she also seemed to carefully word it that Dr. McVey did not receive ‘complaints from students’ about Aptekar.”
Papazian said Wednesday the school’s investigation into the 2014 complaints, which concluded this May, turned up “no findings,” paving the way for Aptekar to return to campus.
“We have to make our determination based on what comes back in an investigation report,” Papazian said.
In a follow-up statement, campus spokeswoman Pat Lopes Harris said:
“The earlier, 2014 case came to light after the inquiry into the 2015 allegations. The professor was placed on paid administrative leave during an extensive, months-long inquiry that included multiple interviews and a careful examination of relevant records. Ultimately, those allegations were not substantiated. Our policies allow for parties to appeal investigative outcomes; no appeals were filed in this matter.
Accordingly, Professor Aptekar’s administrative leave has been lifted and he is slated to teach two graduate-level courses this fall. Professor Aptekar will not be serving as an academic adviser to students; he has elected a reduced workload as a first step toward retirement.”