Bachmeier wins complaint against Northern

Montana State University-Noerthern Dean of Extended University Randy Bachmeier was discriminated against by the university and was retaliated against when he complained to the Montana Human Rights Commission, says the finding released Friday in Helena by the commission.

Bachmeier had filed a complaint with the human rights commission nt against the university contending that then-Provost Rosalyn Templeton has repeatedly inappropriately touched him.

Friday's ruling overturned an earlier decision by hearing officer Terry Spear who, after listening to several days of testimony, gave Bachmeier a split decision. Spear ruled in May that Bachmeier was not discriminated against, but was retaliated against when he filed a complaint.

But while ruling in favor of Bachmier, the five-member commission decreed that Bachmeier was entitled to only $20,000 for the retaliation, not the $75,000 that Spear had decided on.

The commission ordered that a hearing officer must now determine how much Bachmeier will be paid for the discrimination.

After Spear made that split decision, both Bachmeier and Northern attorneys filed appeals.

Bachmeier's lawyers contended that Spear was wrong when he ruled that Bachmeier was not the victim of sexual harassment, and the commissioners agreed.

Spear said the record did not indicate that Templeton's touching of Bachmeier had not been sufficient to warrant a ruling on Bachmeier's behalf.

The commissioners didn't agree

"The Commission determines the findings of fact are not based on substantial evidence and that the conclusions of law are incorrect," the commission ruled.

Spear said that other Northern employees who saw the touching didn't perceive it as serious harassment. He said that once Bachmeier asked Templeton to stop, she stopped.

The commission said the record did not indicate that Templeton stopped when requested.

"Based upon the Commission's review of the complete record, the Commission determines the above findings are not based on substantial evidence," the commissioners wrote.

The commission said that after its review of the testimony "the record shows that an objective person would find the touching suffered by Bachmeier objectively offensive and unreasonable."

"Witness testimony cited above shows numerous others found the touching unreasonable and offensive." commissioners ruled.

"Indeed, the record supports the opposite conclusion: that other MSU-N employees found that touching to be inappropriate when directed at them," wrote Commissioner Ronda Howlett in behalf of the five commissioners.