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Nelson v. University of Hawaii12/11/2001
closed that she: (1) suffered from epilepsy; (2) had undergone brain surgery two years earlier, after which she had been free from seizures; and (3) was able to perform her duties. Nelson claimed that, although Drs. Ho and Buxton made sexually offensive remarks, jokes, and innuendoes and exhibited hostility toward women throughout the time she was employed, she stated that they did not make sexual advances toward her. For example, Nelson testified that Dr. Ho made repeated comments about how living in Hawaii required two incomes and how she needed a man in her life. According to Nelson, Dr. Ho also suggested that she should go to Chinatown and find an old Chinese gentleman to take care of her. Since her employment in 1992, Nelson had participated in a research project on Molokai coordinated by Dr. Ho and claimed that Dr. Ho treated her differently from other male professors on the research team. For example, Nelson claimed that she encountered difficulties in obtaining material from Dr. Ho that was necessary for her to evaluate data for publication.
With respect to Dr. Buxton, Nelson testified that he repeatedly made offensive and degrading comments to her and about women in general. For example, Nelson claimed that, when she was arranging books and files in her new office at the University, Dr. Buxton, whose office was next to hers, remarked, "That's how we like to see women around here on their knees and begging." Ron Hetzler, another HPER faculty member at the time, testified that he recalled Dr. Buxton making such a comment and that it "didn't seem appropriate." Dr. Buxton admitted telling Nelson that it was good to see her down on her knees putting her books away, but essentially explained that, to him, it meant that she was settling into her new job . Nelson also testified that, at a faculty meeting, Dr. Buxton made a comment about her brain surgery, saying that "the problem with [Nelson] was that was too smart. That that's why had to have brain surgery so they could take out part of brain so would be like all the other women in the world." Although Hetzler, who was present at the faculty meeting, testified that he remembered the comment, Dr. Buxton denied making it. Nelson indicated that she felt degraded by the comment and, thereafter, was uncomfortable at faculty meetings.
In October 1994, Nelson organized a joint conference between the National Association for Girls and Women in Sport and the Hawaii State Association for Health, Physical Education and Recreation and Dance educators. Allegedly, Drs. Ho and Buxton were displeased and skeptical about the conference and her participation in it, and Dr. Buxton asked Nelson whether "this going to be a women's conference? Is this for women only?" Nelson claimed that her relationship with Dr. Ho further deteriorated after the conference.
Nelson stated that, around November or December 1994, she had several meetings with Ho about disparities in teaching credit distribution between her and other male professors, work load issues, and her treatment by Dr. Buxton. Dr. Ho allegedly yelled at her several times and told her that she "wasn't grounded" in what she was saying. Dr. Ho admitted having a three-hour meeting with Nelson during that time period, but denied having an argument. Dr. Ho also denied that Nelson told him about Dr. Buxton making inappropriate comments to her.
Nelson testified that, in December 1994, Dr. Buxton told her and two other male professors that she would be "canned." Hetzler also admitted telling Nelson about rumors that she would be fired. Dr. Buxton denied telling Nelson that she would be fired; however, he admitted that he had a conversation with another faculty member, Dr. Langford, in w
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