UNIVERSITY College Cork (UCC) lecturer Dylan Evans has brought High Court judicial review proceedings seeking to quash a complaint against him related to the "sex life of fruit bats" controversy.
The college carried out an investigation earlier this year into a complaint by school of medicine colleague Dr Salerno Kennedy of sexual harassment by Dr Evans (43) after he allegedly showed her an article on oral sex by fruit bats.
The investigators upheld the complaint in accordance with the college's Duty of Respect and Right to Dignity policy on February 11 last, Dr Evans says in his proceedings before the High Court.
He wants a declaration from the court that he enjoyed a legitimate expectation that his academic freedoms would be properly respected, that he would be afforded a fair hearing, and the right to challenge the allegations against him.
In his application for a judicial review seeking to quash the February finding, Dr Evans, a behavioural science lecturer, is also seeking to quash sanctions, including a period of monitoring of him, imposed after that investigation.
Alternatively, he wants a declaration from the court that the February finding is outside the powers of the college, irrational and/or unreasonable.
He is also seeking an order quashing the refusal of the president of UCC to reconsider or review the finding or to permit an appeal against it.
He seeks a prohibition on the college from continuing with any disciplinary proceedings which have been initiated against him and communicated to him by letter on May 11 last, arising from the February investigation.
Alternatively, he is seeking a stay on any determination by a college Establishment Committee, set up on March 23 last, to deal with disciplinary matters concerning him.
He claims the February finding, the refusal to reconsider his case, and the recommendation to set up an Establishment Committee are cumulatively and/or severally incompatible with his rights to a fair trial, a private life, and freedom of expression under the European Convention on Human Rights and to his rights under natural and constitutional justice.
Counsel for UCC yesterday asked Mr Justice John Hedigan to adjourn the matter because opposition papers had only just been filed. The judge agreed to adjourn the case to July 16.