Melbourne university Prof Aaron Harwood’s wrongful dismissal claim thrown out after text scandal

A college professor who was fired for inappropriate behavior, including sending a series of text messages to a student, has dismissed his wrongful dismissal claim.

Associate Professor Aaron Harwood was fired from the University of Melbourne last September following an independent investigation into his behaviour.

The investigation confirmed allegations of inappropriate workplace behavior and found that in 2016 he “pursued a relationship” with a research assistant and former student by repeatedly asking her out.

Mr Harwood filed for unfair dismissal in October last year, but it was rejected at a hearing by the Fair Work Commission on Monday.

The allegations related to his interactions with Qianwen Zhang, an international student who attended the university between 2015 and 2017.

Ms. Zhang attended a class taught by Mr. Harwood before working for him as a temporary research assistant for four months from December 2016.

Documents from the tribunal hearing show a series of text exchanges between Mr Harwood and Ms Zhang, which formed part of the basis for his dismissal.

In a conversation, Mr. Harwood had urged Ms. Zhang to take a break from work and join him for a cup of coffee.

After telling Mr. Harwood that she was with her own “group members,” he suggested she tell them she had “a new man” in her life, before telling her to “call me.”

In another conversation, Mr. Harwood asked when he would meet Ms. Zhang’s cat before asking if he could ask “a really inappropriate question.”

Ms. Zhang replied with a cat emoji with a startled expression.

In a third conversation, Ms. Zhang tried to tell the professor that his suggestion that the two go to the movies together was “inappropriate.”

Mr. Harwood said, “If I wasn’t a teacher and we just met somewhere, I think things would be different.”

Mrs. Zhang, in turn, pointed out that the professor was “married.”

The two also exchanged messages after Ms. Zhang expressed concern about an exam result when she enrolled in one of his classes.

“Well, you can review the exam later,” Mr. Harwood said.

Ms. Zhang said she “can’t afford it if the stock falls.”

Mr. Harwood then told her not to “stress too much” and that she could “come and see this week… just don’t tell anyone.” It’s a secret’.

The second allegation leading to the termination of Mr. Harwood’s employment was that on one occasion he unsolicitedly “touched Ms. Zhang’s back and rubbed it downwards.”

The hearing revealed that Mr. Harwood had stated that he “never deliberately attempted to make physical contact with Ms. Zhang,” but “if there had been contact, it would have been a coincidence.”

He used the examples of bumping into someone crossing a busy street or ‘steering’ someone with his hand through a busy area.

Mr. Harwood was notified of his termination of employment on September 21, 2022

In his application to the Fair Work Commission in October, Mr Harwood demanded ‘re-employment and back pay for the period since the dismissal or an order for damages as an alternative’.

But on Monday, the deputy chairman of the Fair Work Commission, Ian Masson, concluded that he was not “satisfied that the dismissal was harsh, unfair or unreasonable.”

“I am not convinced that the applicant was unfairly dismissed,” he said.

Mr Harwood joined Melbourne University in 2002 and was initially appointed as a lecturer in the Department of Computer Science and Software Engineering.

In 2007 he was promoted to senior lecturer and in 2021 to associate professor.

A report noted the university’s commitment to “eradicate sexual misconduct and develop a victim-centered and trauma-informed approach.”

The evaluation found that the benefits of a stand-alone sexual misconduct policy were well documented.