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A Local Attorney Talks About Petrino Case

By: Aaron Nolan
Updated: April 9, 2012

The news of an inappropriate relationship between University of Arkansas head football coach Bobby Petrino and a female staff member that works closely with the football team, has left many fans with many questions.  

Of those questions, one might be, could there be a legal problem with the relationship?

In its sexual harassment policy, the University of Arkansas says, "Consensual sexual relationships between faculty and their students, or between supervisors and their employees, in some instances, may result in charges of sexual harassment."

Charles Kester is a Fayetteville attorney who has worked cases of sexual harassment against the University of Arkansas, he said this case has many layers, "Anytime that you're dealing with a supervisor, employee relationship, the difference in power between the supervisor and the employee that is supervised always calls into question what appears to be consensual really was consensual."

"They're never easy decisions.  I doubt any kind of investigation could be conducted, nip it in the bud, so to speak, it's going to require examination of exactly what's going on, and I think, frankly, it will take a while to occur."

Kester believes that if this case is ruled a sexual harassment case, the penalties could harsh, "Termination is something that is an alternative for the employer and is permissible under University policy."

KNWA reached out to U of A Chancellor David Gearhart, he declined an interview request saying the investigation is still on-going.

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