Source:  http://www.macon.com/mld/philly/news/11120302.htm

The three women were bright, ambitious professionals who cared about
professor Tracy K. McIntosh and - more important - the international
reputation they earned looking for new ways to treat devastating brain
injuries at his lab at the University of Pennsylvania School of Medicine.

And so, in November 2002, the three - lab manager Robin Armstrong,
administrative assistant Jeanne Marks, and associate professor Kathryn
Saatman - consulted a psychologist and confronted McIntosh in his office at
Hayden Hall on Penn's campus, in West Philadelphia.

McIntosh's increasingly blatant sexual behavior toward students and
coworkers, they told him, was dividing the 45-member lab staff, hurting
morale, and putting him and them "in jeopardy."

"Is this an intervention?" McIntosh responded.

What the three did not know was that they were already too late. Two months
earlier, McIntosh, married and the father of two teenage daughters, had
welcomed the 23-year-old niece of an old college buddy to the Penn campus
with an evening-long pub crawl that ended in her rape in his office.

The account of the uneasy intervention is contained in a memo outlining an
internal investigation by a Penn official in July 2003, two months after
McIntosh was charged with rape by the district attorney.

The interviews in the memo would appear to run counter to an earlier Penn
investigation concluding that there was no proof of a sexual assault or that
McIntosh "has a history of predatory conduct."

Penn officials declined to comment on the apparent disparity between the two
investigations just six months apart.

The reason suggested in the victim's civil lawsuit is that Penn officials
were swayed by a desire to protect their high-profile researcher - and
hundreds of thousands of dollars in research grants he brought in.

University officials denied the lawsuit's contention that they ignored
McIntosh's behavior or failed to investigate the woman's rape allegation.

In December, McIntosh resigned his tenured professorship and post as
director of what was commonly called the "McIntosh lab" after he pleaded no
contest to a sexual-assault charge.

On March 2, McIntosh, 52, of Media, was sentenced by Common Pleas Court
Judge Rayford A. Means to 111/2 to 23 months of house arrest.

The sentence outraged victims' rights advocates, and Philadelphia District
Attorney Lynne M. Abraham has asked Means to vacate the sentence and impose
one of at least 51/2 years in prison.

That anger has been compounded by details of how Penn conducted its internal
investigation.

Phoebe S. Leboy, a biochemistry professor at Penn's dental school and a past
chair of the faculty senate, said the faculty was never told of the second
university investigation: "There was enough past history... . Why didn't
they do this in the beginning? To me, that's the major issue."

Said Carol E. Tracy, executive director of the Women's Law Project of
Philadelphia, a lecturer in women's studies at Penn, and an alumnus: "This
investigation was so inept that the only thing it suggests is a desire to
cover up."

The controversy over McIntosh's sentence and the civil lawsuit filed by
lawyer Jack Meyerson pose the possibility of an expanded, public inquest
into how university officials handled criminal allegations against one of
their brightest stars.

In her Feb. 21, 2003, letter to the victim, then-Penn president Judith Rodin
wrote that the university conducted a "thorough and fair investigation."

The investigation, by Arthur K. Asbury, then a retired professor (now
interim dean) of the School of Medicine, showed that McIntosh "did not admit
to any conduct that would constitute sexual assault" and that Asbury could
not find "any evidence supporting the allegation that Dr. McIntosh has a
history of predatory conduct," Rodin wrote.

Nevertheless, Rodin said, Asbury's investigation concluded that McIntosh
"acted inappropriately." As a result, the university ordered mandatory
counseling for McIntosh and a pay freeze until 2009.

After that report from Penn, the victim asked the District Attorney's Office
to bring criminal charges.

In July 2003, with McIntosh charged with rape, Penn ordered a second
investigation, this one by Victoria A. Mulhern, executive director of
faculty affairs for Penn's medical school. Mulhern did something Asbury did
not: She interviewed women who worked in McIntosh's lab.

Mulhern interviewed 11 women. Some maintained that the allegations against
McIntosh were "gossip and rumors," and some described him as a supportive
mentor.

But others told of unwanted sexual advances, often after dinners marked by
heavy drinking.

Among incidents outlined in the memo:

A lab technician quit after complaining that McIntosh tried to pursue a
romantic relationship and began raising "work performance issues" when she
rebuffed his advances.

McIntosh had a relationship with a lab janitor whom he paid money to,
sometimes obtained marijuana from, and tried unsuccessfully to hire as a
temporary lab manager, though she was not qualified.

After a lab group dinner at which there was "a lot of drinking," McIntosh
shared a cab with a female post-doctoral researcher and tried to kiss her.
"I couldn't help myself," McIntosh reportedly replied when she confronted
him the next day.

At a lab group outing to a Phillies game, McIntosh removed his shirt and had
a "female friend" who accompanied him apply suntan lotion to his back.
McIntosh later berated lab employees at a meeting after hearing comments
about him and the woman.

Lab workers complained of favoritism in his promotion of one woman with whom
he reportedly had an affair.

Mulhern's interviews also corroborated the intervention by Armstrong, Marks
and Saatman.

According to the memo, McIntosh first denied that he had behaved
inappropriately but ultimately told the three that he would change his
behaviors "since they were being misinterpreted."

None of the three women involved in the intervention returned messages
seeking comment.

Through his secretary, Robert J. Bohner Jr., Penn's associate general
counsel, said he would not comment.

William J. Winning, McIntosh's lawyer in the civil lawsuit, declined to
comment but said the former professor intended to contest the allegations.

In an interview and in the lawsuit he filed, Meyerson said the actions of
Penn officials amounted to a conspiracy to "withhold damaging evidence and
to obstruct a criminal prosecution of Tracy McIntosh."

Penn officials did not give the Mulhern memo to the District Attorney's
Office, though the university had been subpoenaed to turn over "all records
involving/related to Tracy McIntosh."

Cathie Abookire, a spokeswoman for the District Attorney's Office, confirmed
that it was Meyerson who supplied prosecutors with the memo.


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