Senate clerk was banned from Capitol after accusation of sexual misconduct, new report says

MADISON - A top Senate official was banned from the Wisconsin State Capitol after he was accused of engaging in nonconsensual sexual contact with an intoxicated woman at a national conference for legislative officials, according to a new report.

Senate Majority Leader Devin LeMahieu hired a private investigator earlier this fall after an "external party" shared concerns about the conduct of Senate Chief Clerk Michael Queensland, a review that ultimately found sufficient evidence to conclude Queensland engaged in the misconduct, according to the investigator's findings released Tuesday.

Queensland, who has denied the allegations, was barred from the Capitol in late August and resigned in September amid the investigation. The Senate clerk oversees the administration and record-keeping for the state Senate as well as serving as parliamentarian and chief operating officer. Queensland was paid $141,000 per year.

In a separation agreement signed by Queensland and state Senate officials after Queensland resigned in September, LeMahieu agreed to pay Queensland $13,557 for 200 hours of unused vacation time while Queensland agreed not to sue the Senate.

A woman who attended a National Conference of State Legislatures conference in Palm Springs, California, in May told the investigator that on the last night of the conference, she woke in her hotel room after a night of heavy drinking to Queensland being on top of her and trying to remove her pants and underwear, according to the report. The woman said she must have passed out.

"Ms. Doe alleges she regained consciousness when his tongue was in her throat, and she was thinking 'what the hell is going on?' She then yelled “Stop. What are you doing? No. Aren’t you married?” according to the report. "She states she yelled for him to stop 4-5 times, and he finally complied and she was able to shove him off of her."

According to the report, three allegations were made against Queensland — two of which the investigator said could not be substantiated.

The woman did not file a complaint against Queensland at any time "due to her wish for privacy," according to the report.

Queensland described the incident as "consensual" sexual contact, according to the report. He said "the encounter ended when Ms. Doe recalled that he was married and asked him to leave, which he complied with."

The investigator said Queensland's account was not credible because of messages the woman sent to others during the time frame that contradicted Queensland's account of the night, including his timeline. The investigator also said Queensland appeared rehearsed, stating he "could not recall" 15-20 times during the interview.

The investigator said the fact that the woman was incapacitated at the time of the incident "renders any potential consent invalid."

The investigator interviewed 18 witnesses, 11 Senate staffers and seven people "who potentially had knowledge relevant to the matters alleged" and reviewed texts, emails and messages.

Queensland resigned after being interviewed but before the investigation concluded, according to the report.

The investigation was conducted by Trisha Earls of The Hawkins Firm, a law firm based in Georgia. The report was addressed to Pennsylvania-based attorney Susan Lessack of the national legal firm Troutman Pepper Hamilton Sanders.

Molly Beck can be reached at molly.beck@jrn.com.

This article originally appeared on Milwaukee Journal Sentinel: Sexual misconduct allegation led to Senate clerk's ban from Capitol