4 women allege Indiana Attorney General Curtis Hill touched them inappropriately at bar

A lawmaker and three legislative staffers have accused Attorney General Curtis Hill of inappropriately touching them during a party on the final night of the legislative session, prompting an investigation by leaders of the Indiana General Assembly.

Hill denied the allegations in an emailed statement to IndyStar.

Details of the accusations are outlined in a confidential June 18 memorandum prepared by the Taft Stettinius & Hollister law firm at the request of legislative leaders.

The eight-page memo summarizes interviews that House and Senate leaders or their legal counsel conducted with six women who attended the end-of-session party at AJ’s Lounge, a bar just south of Downtown, during the early morning hours of March 15.

More: N.Y. AG Eric Schneiderman, #MeToo champion accused of violence, resigns

More: Trump was alerted to Eric Schneiderman's alleged abuse of women years ago, court filing suggests

Confidential memo details allegations of inappropriate touching

According to the memo:

One lawmaker said an intoxicated Hill put his hands on her back, slid them down her back, put them under her clothes and grabbed her buttocks. She told him to “back off” and walked away, but Hill approached her again later and again reached under her clothing and grabbed her buttocks. She again told him to “back off.”

She told him to “back off” and walked away, but Hill approached her again later and again reached under her clothing and grabbed her buttocks. She again told him to “back off.” A legislative employee said Hill put his arm around her and began sliding his hand down her back. When she tried to remove his hand, she said Hill grabbed her hand and groped her on the buttocks.

When she tried to remove his hand, she said Hill A second legislative employee said she witnessed Hill’s behavior toward the lawmaker and wondered if it was some sort of “cultural thing” she didn’t understand. Hill later put his arm around her own waist and hugged her to him before she moved away.

before she moved away. A third legislative employee said Hill made her uncomfortable when he approached her at the bar and rubbed her back for about two minutes. She left the bar to go to the ladies room.

She left the bar to go to the ladies room. Several of the women said they heard Hill tell women at the bar that they needed to “show a little skin” or show more leg if they wanted get free drinks or faster service.

Attorney General denies allegations

Hill's office did not respond to interview requests from IndyStar, but in an emailed statement he called the allegations "deeply troubling."

In the statement, Hill also said:

"At no time was my behavior inappropriate nor did I touch anyone in an inappropriate manner."

He described the bar as "very crowded" with legislators, lobbyists, staffers and others.

"The atmosphere was light and jovial, as would be expected in a bar," he said. "I interacted with several people — talking, laughing, and telling stories."

"I have never been contacted by any investigator," he said. "I have not been informed of who made these allegations nor have I been provided any due process with regard to these vicious allegations."

Alleged victim responds to Curtis Hill's statement

One of the alleged victims who spoke with IndyStar on condition she not be identified expressed anger about Hill's denial.

"This was a pattern of behavior that was witnessed by many," she said.

She said she was satisfied that the investigation was conducted and that the women involved were treated fairly, but she said she was "disappointed that nothing can be done to censure him formally."

None of the legislative staffers are identified by name in the memo, but sources tell IndyStar they included employees of both the House and the Senate, and included at least one staffer from the Democratic and Republican caucuses.

The lawmaker is identified in the memo, but IndyStar does not typically identify people who say they are victims of sexual misconduct.

Hill meets with legislative leaders

Hill's statement regarding not being contacted about the allegations as of Monday afternoon seems to contradict a statement legislative leaders sent to IndyStar on Monday.

"Our investigation has been completed and the matter has been addressed with the Attorney General to the satisfaction of the employees involved," the statement said. "Protection of House and Senate employees is of paramount importance to legislative leaders.”

The statement was attributed to House Speaker Brian Bosma, R-Indianapolis, Senate President Pro Tempore David Long, R-Fort Wayne, House Minority Leader Terry Goodin, D-Austin, and Senate Minority Leader Tim Lanane, D-Anderson.

After the two statements were issued, Hill was seen meeting with all four legislative leaders in Bosma's office at the Statehouse. None of them would comment beyond their written statements.

Curtis Hill rising to prominence in GOP

Hill is a rising star in Republican politics.

A former Elkhart County prosecutor, he was elected attorney general in 2016 and has used the office to build a national profile, often weighing in on controversial issues such as the NFL anthem protests and medical marijuana. He has visited the White House at least four times to meet with President Donald Trump on issues such as school safety and prison reform.

Hill, who is married, has also been a leading advocate of socially conservative causes. Most recently, he helped lead opposition to efforts to weaken the Indiana Republican Party platform's support for traditional marriage between a man and a woman.

Legislative leadership seeks legal advice

The internal legislative investigation into his actions at AJ's Lounge was initiated by Bosma and Long when the groping allegations were first brought to their attention in May, about two months after the party, according to the memo.

They then hired Taft attorney Blake Burgan, an employment law expert, to provide legal advice about whether the House and Senate could face any allegations of workplace harassment.

Burgan’s memo, dated June 18, found that Hill’s alleged conduct toward the legislative employees may have been “inappropriate,” but was “likely not severe or pervasive enough to result in a hostile work environment.”

Burgan did find that Hill’s conduct toward the lawmaker was “likely egregious enough to meet the threshold of ‘severe.’ ”

Actions did not create hostile work environment, report says

But Burgan determined that it could not have created a hostile work environment because Hill does not work for the General Assembly and the alleged actions took place at an “informal” social event that was “not officially scheduled or sanctioned by the Legislature.”

“As a result, even (if) AG Hill’s conduct was severe enough to establish a claim, it could not have created a hostile work environment under Title VII because it had not consequences in the work place,” Burgan wrote.

He recommended that legislative leaders bring the allegations to Hill’s attention and notify him that such conduct will not be tolerated in the future with any legislators or legislative employees.

“We believe that while such contact with AG Hill my not be legally required, it is a good step to take so that you can tell the legislative employees you have addressed their concerns with AG Hill and notified him that such conduct is not tolerated. Also, in the unlikely event that someone challenges the investigation, you will be able to state that while not legally obligated to do so, you addressed the issues with AG Hill.”

Legal ramifications of unwanted groping

The report does not address whether Hill may have broken any criminal laws, nor does it indicate whether any of the alleged victims have pursued criminal or civil actions.

Unwanted groping could lead to legal ramifications that extend from Indiana criminal charges to civil litigation in federal court, said Jennifer Drobac, a law professor at Indiana University Robert H. McKinney School of Law.

IndyStar described the allegations generally to Drobac but did not identify Hill or the alleged victims.

In groping cases, Drobac said, prosecutors typically decide whether the alleged battery was sexual in nature. If not, a criminal charge would be a Class B misdemeanor, which carries a potential sentence of 180 days in a county jail and a fine up to $1,000.

A more severe penalty is possible, however, if the battery is sexual.

That violation, a Level 6 felony, carries a potential sentence of six months to 2.5 years in state prison or a county jail and a fine up to $10,000.

Indiana code defines sexual battery as touching "another person's genitals, pubic area, buttocks or female breast when that person is unaware that the touching is occurring."

Drobac said the allegations also could lead to civil litigation in federal court that could entangle both the alleged perpetrator and the alleged victims' employer, the Indiana General Assembly.

"At the very least, it looks like a civil rights violation," Drobac said. "That would mean these individuals could pursue a claim against the state or the government actor."

Title VII of the federal Civil Rights Act prohibits sexual harassment in the workplace. If the event at the bar is considered a company-sponsored event, the bar would be considered an extension of the workplace, Drobac said.

The employer then is responsible for safeguarding employees, Drobac said. Failing to do so could open the employer to liability.

"The employer still has a duty to protect employees," Drobac said. "If they don’t do anything ... then, in effect, they've said that's OK with us."

There is no legal obligation, however, for an employer to report such allegations to police, Drobac said.

Follow Tony Cook Ryan Martin and Kaitlin Lange on Twitter: @indystartony, @ryanmartin, and @kaitlin_lange