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Sunday, August 29, 2004

Allen: Accuser sought $2M


Sexual harassment suit followed breakdown of settlement talks

By Sharon Coolidge
Enquirer staff writer

The assistant prosecutor whose federal lawsuit accuses Hamilton County Prosecutor Mike Allen of sexually harassing her had asked for more than $2 million during settlement talks in the days before she filed the suit, Allen's attorney said Saturday.

"The demand was outrageous," lawyer Michael Hawkins said. No counteroffer was made, he says.

An attorney for Rebecca Collins, who sued Allen Thursday in U.S. District Court for sexual harassment, declined to specify the amount sought in settlement discussions.

COLLINS' LETTER
Accuser's letter of complaint
MORE COVERAGE
Click here to see an archive of our coverage, including complaint and response texts, video, and previous stories.
Special section
WHAT THEY'RE SAYING
Here's a look at what people around Greater Cincinnati are saying about the sex scandal involving Hamilton County Prosecutor Mike Allen and Rebecca Collins, a subordinate attorney in his office.

• "He's doing a good job and I've been looking up to the guy. This just shows he makes mistakes too."
- David Dadtett, 42, of Avondale.

• "I'm a Christian, and from my point of view I believe in forgiveness. But I also believe in the law, and if he's done something that he shouldn't have done, I'm for whatever penalty goes along with that."
- Dave Ricketts, 39, of Monroe.

• "If what he did was wrong, let the courts decide it - that's what they're for. It's as simple as that."
- James Alexander, 74, of Walnut Hills.

• "It is a defamation of his character, but I don't think we should judge his job on that. It's his personal life."
- Bryan Clifton, 24, of West Chester.

• "I think he should resign immediately. He's violated his own (sexual harassment) policy and brought into question whether he can do his job."
- Barbara Chin, 39, of downtown Cincinnati.

• "I think he should step down. You can't be county prosecutor and engage in sexual acts on the job."
- Harvey Eastman, 66, of Montgomery.

• "When you have sex with someone for 31/2 years, to me that is a consensual relationship."
- Becky O'Brian, 23, of Blue Ash.

She seeks unspecified damages, lost pay and benefits and that she be granted promotions she claims she was denied.

Randy Freking, theattorney for Collins, said the lawsuit was filed after Allen made the relationship public.

"She realized he had no serious interest in having the county or himself settle the case," Freking said. "She was concerned he would begin a public relations campaign against her."

Collins, 33, alleged that he used his role as her boss to coerce her into an affair, and then refused to leave her alone when she broke off the relationship in August 2003. Collins also named Hamilton County's board of commissioners as a defendant.

Allen, a 48-year-old father of two who is married to Hamilton County Municipal Court Judge Lisa Allen, says the harassment claims are "outrageous and false.''

Allen says he and Collins had a consensual relationship between December 1999 and August 2003, none of which took place at work.

Carl Stich, Collins' supervisor and the attorney who oversees the office's civil division, said Saturday that as required by the office's sexual harassment policy, the allegations will be investigated. The investigator has not yet been chosen, but Stich said it will be someone from outside the office.

Hamilton County commissioners said earlier this week they also would launch an investigation. Stich said one person could do both investigations.

"It doesn't make much sense to do two - just one full, objective evaluation," Stich said. "Our office has to do one that will satisfy the provision in policy."

Commissioners meet Monday to discuss the matter.

Collins first brought the allegations against Allen in two letters on Aug. 12. One was addressed to Allen from Collins' attorney, Michael Moses of Columbus. The other was a three-page letter from Collins to Stich that accused Allen of sexually harassing her since she began work at the prosecutor's office in 1999.

"Such advances, requests and conduct have created an intimidating, hostile, humiliating and sexually offensive work environment and have unreasonably interfered with my work performance," Collins wrote in her complaint, a copy of which was obtained by The Cincinnati Enquirer.

Collins said in the complaint that she was afraid to make the complaint because she still worked at the office. She alleged that Allen's conduct created a hostile work environment for her and other female employees.

"Mr. Allen's conduct toward me was so conspicuous that a significant number of employees were well aware of this harassment," she wrote.

Stich said he immediately gave Allen the letter addressed to him and settlement talks began.

In a meeting a few days later, Hawkins asked that Collins withdraw the internal complaint, while the two sides tried to work out an agreement.

Otherwise Stich would have had to begin his own investigation, as required by the sexual harassment policy. That investigation would have included interviewing Collins.

"Her attorney indicated to Mike Hawkins that they wanted to attempt a private resolution," Stich said. "They were withdrawing the complaint given to me while they did that."

Collins agreed and took back the internal complaint, Freking said.

"They said Mr. Allen wanted to attempt to resolve it privately," Freking said.

Settlement talks continued until Allen's announcement.

"She was disappointed and thought it was a preemptive strike," Freking said. "She was very disappointed that he denied violating county policy and very disappointed he said the sexual conduct was consensual."

Less than 24 hours later, Collins filed the suit.

Hawkins said Allen came forward because, despite the fact that both sides agreed discussions would be confidential, reporters began asking questions about a possible lawsuit.

"He had to answer the rumors," Hawkins said.

In the complaint, as in her lawsuit, Collins says the harassment began in December 1999 when Allen went to her apartment and then refused to leave until they had sex.

Collins, who formerly worked at The Enquirer, was an intern at the time.

"From that point forward, Mr. Allen used his significant power and authority by virtue of his office, political influence and superior age, experience and economic advantage to insist upon and maintain a sexual relationship with me," she wrote.

She claims Allen withheld promotions and kept her from other employment.

Collins got her law degree from the University of Cincinnati in 2001, and was then hired as an assistant prosecutor. Before working in the civil division, she worked in the appellate division and in the juvenile division. She earns $43,800.

Collins, who has a teenage son, married another man Nov. 1, 2003, but got a divorce last month. Freking said Allen attempted to continue his relationship with her even after she was married.

Allen has said he won't resign, although Thursday he agreed to step down as chairman of the Bush-Cheney campaign in Southwest Ohio.

He is unopposed for re-election to a second term on the Nov. 2 ballot.

Collins did not work last week, having previously asked for sick time. Allen spent Thursday and Friday with his family. Both are expected to return to work Monday.

---

E-mail scoolidge@enquirer.com




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