Utah’s former higher education commissioner was under investigation for sexual misconduct

At the time of his sudden resignation last fall, Utah’s higher education commissioner was under investigation for alleged sexual misconduct.

Dave Woolstenhulme left his post in September, saying he planned to “pursue other opportunities that may arise.” The Utah Board of Higher Education hastily met to approve his departure, repeating the same reason.

But according to a document obtained by The Salt Lake Tribune through a public records request, an investigation into Woolstenhulme began in March 2023 after a Utah State University employee accused the provost of sexual misconduct.

It appears that at least one other employee subsequently came forward to also report an allegation of sexual harassment against Woolstenhulme. The document refers to “employees” in the plural, and a prosecutor representing USU also confirmed that the public school received several “complaints from university employees” during a public hearing. The school did not want to say exactly how many there were.

The document said reports of misconduct were received by the school’s Office of Equity between March and September, when Woolstenhulme resigned.

In his role, Woolstenhulme held the highest position in higher education in the state. He served hundreds of thousands of students and employees at eight public colleges and universities and eight technical colleges. He held the position for four years, starting as interim commissioner in 2019 before officially taking over the post a year later.

He also previously worked at USU – and applied to head the school after former president Noelle Cockett resigned. Woolstenhulme was not among the finalists for this position, which was later filled by Elizabeth Cantwell.

When contacted by The Tribune on Thursday for comment, Woolstenhulme initially declined to comment. He later called back and said, “I deny any wrongdoing.”

The state higher education agency, which along with the commissioner regulates the Utah System of Higher Education, was informed when Utah State University in Logan first opened the investigation.

“USU also shared this report with the Utah System of Higher Education at the time it was received,” the document states.

The document was obtained by The Tribune from USU and is the final letter concluding the school’s Title IX investigation into the former commissioner. Title IX is a federal law that establishes a process for reporting sexual harassment or sexual assault.

Several lines of the letter were redacted, which the school said was done to protect the identity of the complainants.

“By providing the redacted letter … the university seeks to provide some transparency in our process while protecting the confidentiality of those sharing information,” USU spokeswoman Amanda DeRito said in comments to The Tribune on Thursday. “This privacy protection is critical to ensure applicants feel comfortable reporting and to protect the integrity of the process.”

The Tribune has been trying to obtain documents and confirmation of the investigation — from both USU and the Utah System of Higher Education — since late August, shortly before the commissioner resigned.

An initial request to USU for the original complaints and notices of alleged misconduct was denied, with the school again citing complainants’ privacy concerns. But The Tribune later requested and received the final letter from the university’s investigation.

The Utah System of Higher Education also rejected several requests from The Tribune, which the newspaper has appealed.

The Utah State Records Committee determined in March that the system had to release its August 28-dated draft of its findings, which came from a separate internal investigation USHE conducted alongside the USU investigation into Woolstenhulme’s conduct.

The system had said it closed the investigation when Woolstenhulme resigned on September 11 – three days before he was due to respond to the draft’s findings – so the findings were never finalized in a formal report outside of the draft. USHE continued to refuse to provide the document that the committee ordered to be turned over on May 1 and is now appealing to the court.

However, the scheme’s initial legal filings also confirm: “Prior to Mr Woolstenhulme’s resignation, the Board received complaints relating to Mr Woolstenhulme.”

The system had previously declined to confirm an investigation, saying, “It is the policy of the Utah Board of Higher Education not to comment on personnel matters.”

It is unclear what either the USHE investigation – because it was withheld – or the USU investigation found regarding the employees’ allegations.

USU’s report states: “This investigation did not identify any issues that were either systemically or programmatically related to USU.”

However, if the letter sets out any specific findings relating to the complaints or Woolstenhulme’s conduct, this will be redacted. When asked about a solution, the university also declined to comment further.

The investigation at the northern Utah school was conducted by attorneys at the law firm Husch Blackwell, who say the goal was to “take appropriate, reasonably calculated steps to stop harassment and prevent the recurrence of harassment.”

The Jan. 18 letter also notes that the original complainant who came forward did not want a formal investigation, so the school instead conducted what it calls a less formal “investigation” into the allegations.

The letter said that while USU “did not have control over the former commissioner,” it was concerned that in his role, Woolstenhulme “regularly interacted with members of the university community and participated in university programs and activities.”

The lawyers say they have spoken to Woolstenhulme and several witnesses to the alleged misconduct.

Before becoming Commissioner of Higher Education, Woolstenhulme led Utah’s technical colleges from 2016 to 2018. Later, the state’s technical and traditional education systems were combined into one, which he oversaw.

According to the Utah government salary transparency website, his 2022 salary was $389,000.

Previously, Woolstenhulme served as vice president of statewide campuses at Utah State University. He also previously directed the Uintah Basin Applied Technology College and taught at the Uintah Basin Campus in eastern Utah for Utah State University.

The Tribune requested and received Woolstenhulme’s resignation letter, which he sent to Utah Board of Higher Education Chairwoman Amanda Covington – which the Utah State Records Committee had also ordered made public.

The letter is short and Woolstenhulme makes no mention of the allegations or the investigation. He says his decision came “after much consideration.”

He added, “I have enjoyed working with key legislators, the governor’s office and others to advance higher education in Utah. I will complete projects and use my vacation days until October 31, 2023.”

It’s unclear whether he remained on the payroll for that additional month and a half. The College Board met Sept. 13 to approve Woolstenhulme’s resignation, saying it was “effective immediately.” The board has the authority to hire and fire commissioners.

Woolstenhulme was not present at that board meeting. And the meeting was set up quickly – announced 29 minutes before the discussion began.

Utah law requires a public entity to give at least 24 hours’ notice of a meeting. The meeting about Woolstenhulme was not previously scheduled and was called an “emergency meeting” and excluded due to the short notice.

Board members chatted in private discussion for an hour before reopening the meeting and thanking Woolstenhulme for his service.

They subsequently announced that Geoff Landward would take over as manager in the interim. Landward has since been appointed commissioner on a permanent basis.

Prior to this meeting there was no public discussion of Woolstenhulme’s performance within the board. However, his departure came amid some upheaval within higher education in the state.

Former USU President Cockett resigned in July after previously announcing she would be leaving the school. Records obtained by The Tribune through a public records request then showed that then-Board of Higher Education members pushed for their resignations as concerns grew over the school’s handling of sexual assault cases.

She announced her resignation before USU began investigating the allegations against Woolstenhulme.