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Investigation stops short of labeling former FIU president's conduct 'sexual harassment'

Mark B. Rosenberg, President of Florida International University, posing in front of the Steven and Dorothea Green Library at located at the FIU Modesto Maidique Campus in Miami.
PEDRO PORTAL PPORTAL@MIAMIHERALD.COM
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The Miami Herald
Mark B. Rosenberg, President of Florida International University posed in front of the Steven and Dorothea Green Library at located at the FIU Modesto Maidique Campus in Miami, on Tuesday, December 14, 2021.

The conduct of Florida International University’s former President Mark Rosenberg was inappropriate, but an independent review stopped short of saying his conduct rose to the level of sexual harassment. An investigative report was delivered to the school’s Board of Trustees during a meeting Thursday.

Rosenberg resigned his position in January but remains a tenured faculty member at FIU, the nation’s fourth largest public university.

A female employee who worked underneath Rosenberg alleged that he told her he loved her, wanted to marry her and would take care of her. The employee said that he gave her gifts, asked to be her “lover” and “companion,” and asked her to take out of town trips with him.

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An outside law firm contracted by the university to investigate the incident found that Rosenberg’s actions were inappropriate and unprofessional, but stopped short of saying the behavior rose to the level of sexual harassment.

“[I]t is clear here that the President acted in a manner that was unprofessional and that he crossed appropriate boundaries in his behavior towards and interactions with a female subordinate,” reads the report compiled by firm Isicoff Ragatz.

“Given his position as President of a major educational institution, the substantial disparity in age and the obvious power dynamic that existed in the relationship, the President, at best, displayed extremely poor judgment,” the report continues.

According to the report, Rosenberg was “genuinely remorseful” about what happened and its effect on FIU. He has emphatically denied he ever used the term “lover” with the employee, but acknowledged he asked her to be his “companion,” a relationship which he thought might include sex.

Rosenberg has gotten a divorce under Jewish religious law from his wife Rosalie, who suffers from dementia.

Attorney Eric Isicoff of the firm Isicoff Ragatz led the investigation. He told the board the review was extensive.

“Seven hundred pages of text messages. All emails between the principal parties involved,” he said. “I felt comfortable that after speaking with a number of people, reviewing the materials, that we had a very good understanding and a very good handle on what had occurred.”

Rosenberg is still a tenured faculty member at FIU. It’s up to the Faculty Advisory Board to decide what further action is needed, if any. Recommendations from the board could range from counseling to a reprimand, suspension or even termination.

Board of Trustees Chair Dean Colson said he’s eager to move on to the school’s next challenge: finding a new permanent leader.

“FIU has zero tolerance for inappropriate conduct and will continue to uphold our inclusion and anti-harassment policies,” Colson said. “Now it’s time to focus on the future. We are starting to make preparations to launch a national search for our next president.”

During Thursday’s meeting, the trustees approved a one year employment agreement with Rosenberg’s successor, interim President Kenneth Jessell. The contract is slated to run through Jan. 20, 2023, unless the university finds its next top leader before then.

FIU is among a number of public universities in Florida searching for a new president as longtime leaders retire and resign. Colson acknowledged that he’s feeling pressure to move quickly at a time when other schools in the state are competing for candidates and search firms.

The board is slated to meet in late March or early April to approve a 15 member search committee and pick a search firm. FIU also plans to hold a town hall meeting before the end of the spring semester to get feedback on what qualities community members think the next president should have.

Kate Payne is WLRN's Education Reporter. Reach her at kpayne@wlrnnews.org
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