A New York State Supreme Court Justice has issued a ruling upholding Cornell University's sexual harassment procedures in a $1.5 million lawsuit brought against Cornell by a tenured professor.

State Supreme Court Justice Phillip R. Rumsey issued his decision in the case of Maas v. Cornell University on Sept. 10.

In eight specific charges brought against Cornell, Rumsey ruled:

• The Maas lawsuit's claim that Cornell's actions were "unfair, illegal or improper" was dismissed.
• Cornell's College of Arts and Sciences "had the authority to promulgate rules for the governance of its personnel. . . . Cornell's documentation sufficiently substantiates the defense that the A&S College acted within the ambit of its authority under the Charter and By-Laws of the University."
• To the allegation that Cornell breached a contract with Maas in the handling of the sexual harassment complaint: "None of the allegations in this very detailed complaint state the terms of the existing contract or specify a provision of the contract between Maas and Cornell University which was violated."
• No Title IX provision was violated by Cornell, Rumsey's decision states, noting, "The complaint does not contain one fact that remotely alleges Maas was discriminated against by Cornell on the basis of his gender."
• Addressing the charge that Cornell breached an oral promise that the sexual harassment proceedings would remain confidential, the Court ruled that Cornell had no legal obligation to prevent "alleged breach of confidentiality by participants in the proceedings, where not subject to control by Cornell . . ." The court also noted that Cornell's news release in June 1995 followed a published detailed comment from Maas in the Chronicle of Higher Education on Feb. 24, 1995.
• In rejecting the claim that Cornell disrupted Maas' outside speaking and other prospective business opportunities, the Court concluded that the lawsuit fails to show that Cornell used any unlawful means in its administration of the procedures which "the A&S College had the authority to adopt."
• Justice Rumsey let stand two claims of negligence because he was unable to conclude at this stage whether a Workers' Compensation Law defense requires dismissal of those claims as well. Cornell believes those claims will be disposed of in the future. Cornell has 60 days to study the decision and provide an Order to the court documenting the dismissal of the six claims.

"Cornell University is extremely pleased with Justice Rumsey's decision in this case," said James J. Mingle, university counsel. "The ruling validates Cornell's procedures and supports our contention that at no time were Professor Maas' rights violated."

Thomas Mead Santoro, deputy university counsel who served as the lead litigator in the case, added that he is confident of the strength of the university's position on the two remaining claims, which will be addressed in future pleadings in the case.

The lawsuit against Cornell was filed by the Center for Individual Rights, an advocacy group based in Washington, D.C., on behalf of James Maas, professor of psychology. The case arose out of administrative hearings held in September, October and November of 1994 in Cornell's College of Arts and Sciences in which Maas was accused of sexual harassment by four students.

The College of Arts and Sciences' Professional Ethics Committee concluded unanimously that Maas had engaged in "inappropriate conduct effectively constituting sexual harassment," and recommended sanctions against Maas. The committee's decision was sustained by the dean of the college. Maas's appeal of the dean's ruling was rejected by the University Provost.