A married academic whose work helped shape South Australia’s response to Covid-19 has been cleared of sexually harassing a university colleague.
Senior lecturer Dr Giang Thu Nguyen sued Professor Joshua Ross and the University of Adelaide for $1 million after claiming she was too drunk to agree to a one-night stand the pair shared after an academic conference in November 2019.
But her case was dismissed at the SA Civil and Administrative Tribunal on Wednesday, with senior member Jacqui Rugless ruling that Dr Nguyen had not proven Professor Ross’ behavior was ‘unwelcome’, reported The advertiser.
“(They) actively and steadily consumed a large amount of alcohol at the two locations (and) engaged in flirtatious behavior,” Ms Rugless said.
Senior lecturer Dr Giang Thu Nguyen (pictured) sued Professor Joshua Ross (below) and the University of Adelaide for $1 million after claiming she was too drunk to agree to a one night stand the pair shared after a academic conference in November 2019. The case was dismissed on Wednesday, with the tribunal ruling that his conduct was not ‘unwelcome’
‘(They) then engaged in consensual sexual intercourse initiated by Dr. Nguyen, who was enthusiastic the entire time
‘The evidence is consistent with consensual but uninhibited behavior between two intelligent, mature, sexually and socially experienced individuals, with Dr. Nguyen experiencing remorse and shame after the event.
“It is not consistent with sexual assault or unwanted sexual conduct amounting to sexual harassment.
“I reject Dr. Nguyen’s evidence that she did not consent to, solicit or invite the sexual encounter and that she found it unwelcome.”
Dr. Nguyen, who worked with Professor Ross at the University of Adelaide’s School of Mathematical Sciences, sought $970,948 in damages, lost wages, entitlements and future expenses over alleged breaches of the Equal Opportunity Act.
She claimed she was too drunk to consent to sex in Prof Ross’s Stamford Grand Hotel room on Adelaide’s waterfront following the Australian Council Center of Excellence for Mathematical and Statistical Frontiers three-day retreat there in November 2019 .
Dr. Nguyen claimed she was too drunk to consent to sex in Prof Ross’s Stamford Grand Hotel room (pictured) on Adelaide’s waterfront, following the Australian Council Center of Excellence for Mathematical and Statistical Frontiers three-day retreat there in November 2019
Dr. Nguyen claimed she only had “flashbacks” after she and other colleagues spent the evening drinking together.
But Prof Ross has always maintained the sex was consensual, claiming Dr Nguyen took the initiative before later worrying someone would tell his wife.
The tribunal previously heard that Dr Nguyen woke up naked on the sofa in his hotel room, where she promptly vomited.
She filed a complaint with the police, but after an investigation they refused to file charges against Prof. Ross.
Dr. Nguyen also claimed the University of Adelaide failed to adequately investigate her complaint.
Dr. Nguyen claimed she only had ‘flashes of memory’ after she and other colleagues spent the evening drinking together, but Prof Ross claimed she was the one who initiated sex
The University of Adelaide has stood by its findings that there was insufficient evidence to conclude sexual assault occurred and says it would not be responsible if it did occur.
But Ms. Rugless ruled in favor of Prof. Ross, who she said was a reliable witness, while Dr. Nguyen was not.
Her evidence, Ms Rugless said, was ‘evasive’ and contained ‘many inconsistencies’, showing a ‘tendency to embellish or exaggerate’.
Ms Rugless said hotel CCTV footage showed Dr Nguyen was not even ‘mildly’ under the influence of alcohol minutes prior to the sexual encounter.
“I am very satisfied that Dr. Nguyen’s account of how much alcohol she had consumed leading up to that point in the evening is simply not true,” Ms. Rugless said.
She added: ‘I accept that Dr Nguyen was upset, ashamed and confused after the event… it is clear that she became fixated and distressed about her lack of full memory.
‘However, the absence of a complete recall does not equate to the absence of consent.
“Furthermore, post-event regret, shame, or insult does not change previously welcome behavior into unwelcome behavior.”
Prof Ross was the lead modeler for SA Health’s Covid decision-making team, helping to shape decisions on lockdowns, border closures and vaccinations.