Ohio University officials announced yesterday they are investigating former director of the School of Visual Communication Larry Nighswander as the source of a fraudulent e-mail sent in April.
The e-mail, sent to various university officials, some members of the press and the provost search committee, criticized then-interim and now permanent Provost Kathy Krendl.
Although the e-mail was unsigned, it originated from a Yahoo! account bearing the name Phyllis Bernt. Bernt, chair of Faculty Senate, denied she was associated with the e-mail, and OU officials did not think she was involved.
OU Director of Legal Affairs John Burns said officials are unsure whether the fraudulent e-mail would qualify as identity theft. The internal university investigation, handled by Communication Network Services, showed the e-mail probably came from a computer at CMYK Studios, the photography studio of Nighswander.
According to documents provided by OU, computer investigators found that the e-mail had been sent from a computer in the Columbus area. Someone had used Nighswander's university login name on the same computer.
Nighswander announced his resignation from OU last summer in the midst of a lawsuit in which a former student alleged he had sexually harassed her in a private photography shoot. His employment at OU officially ended March 31.
The university and Nighswander settled the lawsuit in January, awarding the student, Rebecca Humes, $350,000 and admission to OU for graduate school.
The Post attempted to reach Nighswander via phone and e-mail yesterday but he did not respond by press time. Burns said the university had not contacted Nighswander about the investigation.
The investigation probably will continue for another 30 to 60 days, Burns said, as university officials talk with attorneys from the Athens law firm of Mollica Gall Sloan and Sillery and law enforcement officials in Fairfield County, where Nighswander's studio is located.
The Post could not reach detectives with the Fairfield County Sheriff's Department yesterday.
Law enforcement officials and attorneys, who are acting as representatives of the state attorney general's office, will determine whether the fraudulent e-mail is criminal, Burns said. The university will follow their advice.
The case might not be a crime, Burns said, calling the situation novel.
Bernt, a professor in the School of Communication Studies, said she knew Nighswander because they both worked in the College of Communication.
Although Burns said Bernt could sue Nighswander if he is found responsible, she said she does not intend to do so at this time. She said she did not think the e-mail had damaged her reputation.
I think the people that got the e-mail pretty much realized that I hadn't sent it
she said.
As far as I'm concerned if someone wants to send an anonymous message fine
but don't use other people's names
she said.
Krendl was dean of the College of Communication when OU began its investigation of harassment charges against Nighswander.
She called the e-mail investigation a very strange case but said she had no new comments on it. Krendl referred The Post to a quote in a press release.
It is said that there seems to be a tiny minority of individuals here who for years has used anonymous attacks and childish dirty tricks against their colleagues
she said in the statement.
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