A high-profile harassment case 7 years ago in California has repercussions for those who speak out against the practice of "passing the harasser."
More than 70 Finns wrote an open letter in February of last year condemning harassment and discrimination in the field of astronomy. The group was dismayed that Christian Ott, a U.S. astrophysicist who was suspended by and subsequently resigned from the California Institute of Technology after it found he had committed gender-based harassment, was about to start a job at Finland.
Ott never went to work at the Tuorla Observatory as a result of their actions. The two researchers will have their day in court next week.
The Finns charged Rsnen and Sawala with defaming Ott after he lost his job in Turku. If the scientists are found guilty, they will be fined and sentenced to prison. Ott is one of a number of scientists who have gone to court to clear their names after losing their jobs or status because of harassment findings.
Ott was offered a short-term appointment by the Nordic Institute for Theoretical Physics before he left Caltech. The officials in Sweden reconsidered their decision after faculty objected. Ott was offered a two-year contract to start on March 1st.
The public statement and private letter were drafted by Rsnen and Sawala after he was hired. Ott sued both European universities for breach of contract after they pulled out of the deal. The Swedish court added the equivalent of $89,000 to his award in March.
The prosecutors decided against pressing charges after looking into Ott's complaint. The case went forward after Ott appealed. The judge is expected to make a decision on 17 November.
Ott has said that being labeled a harasser has prevented him from working in his field. Ott was forced to resign from the scientific team for the Laser Interferometer Gravitational-Wave Observatory, one of the reasons he lost his job.
His lawyer says that Rsnen and Sawala were the ringleaders. Ott testified that he hoped the judge's ruling would hurt them but wouldn't make it impossible for them to continue with their research.
According to Science, Sawala's lawyer said that the prosecutor's position appears to be that any commentary on the Caltech finding shows an intent to harm Ott because it inevitably casts him in a poor light.
Lawyers for the defendants argued during the trial that they had no reason to question the accuracy of what their clients were reading. The laws under which Rsnen and Sawala are charged exempt statements about a public figure or someone engaged in a public activity.
Rsnen and Sawala refused to speak. They testified that they were speaking out on an important issue. Rsnen said that it was the duty of every member of the scientific community to prevent harassment. It is a slap in the face of individuals who suffer harassment when a harasser can move to another institution.
Caltech's finding that Ott was guilty of gender-based harassment against two graduate students looms over the proceedings. Caltech has only issued a few public statements about the case.
Caltech president Thomas Rosenbaum announced in January 2016 that a faculty member had been suspended without pay and required to undergo additional mentorship training. Ott was the subject after it was acknowledged. In July 2016 Ott returned to Caltech's payroll. It is contained in letters from the chair of Caltech's physics, math, and astronomy division to Ott. Ott reported $200,000 in income from Caltech.
A decision about Ott's possible return to the faculty will be made in the fall after Harrison wrote to Caltech employees in May. According to a letter provided by Ott, she gave a federal funding agency more information 3 weeks ago. Harrison told the National Science Foundation that Ott would regain regular faculty status at the beginning of the next academic year. Ott would work on his research projects. Caltech wouldn't comment on her letters.
That wasn't the end of the story. Ott has decided to resign, effective 31 December, after making significant progress but still being a divisive element on campus.
There is a possibility of rehabilitation for harassers if they are aware of the offense and take responsibility for the harm done. Ott said he tried to sign the letter but was turned down.
Rsnen and Sawala said Ott wouldn't answer if he acknowledged causing harm. Most of the blame for Ott's downfall was placed on his former employer.
Caltech's fear of public outcry and potential litigation led it to botch the investigation of Dr. Ott's prudent and responsible interactions with the two graduate students Ott said that it discriminated against him because he was a man.
Ott told Science last week that officials from the Office of Civil Rights suggested he contact another federal agency that deals with discrimination allegations. The status of complaints isn't commented on byOCR. Caltech had promised to reinstate me and I decided against it.
Correction, 9 November, 10 a.m.: The story has been clarified to reflect Caltech’s finding that Christian Ott committed gender-based harassment in violation of the university's policies.