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February 12, 2011

Colby professor resigns amid secret-camera flap

Affidavit spins tale of photos snapped in women’s bathroom

WATERVILLE -- A tenured economics professor at Colby College was forced to resign late last month after allegations surfaced that he set up a hidden surveillance camera to take photos of female students in a bathroom while chaperoning an international student trip, according to court documents.

Philip H. Brown, an associate professor of economics who has taught at Colby since 2003, has not been charged and an investigation by the Maine State Police Computer Crimes Unit is ongoing. Brown's resignation was confirmed by the college.

Investigators executed a search warrant on his campus apartment Jan. 27 and seized his college-owned computer and other electronic devices, according to an affidavit filed in Kennebec County District Court in Augusta.

But, "as the investigation stands, we don't have a crime," Detective David Armstrong, of the computer crimes unit, said Thursday.

Armstrong, who wrote the affidavit in support of the search warrant, said that while the alleged offense took place in China, "there was some concern that there may be some issues back home and that's what we based our search warrant on, but we haven't found any evidence of that yet. We don't have a crime you can prosecute in this country."

Colby College President William "Bro" Adams wrote to students and employees on Jan. 28 that Brown had resigned after college officials had indicated they were prepared to fire him over "violation of student privacy." The message from Adams did not specifically outline the violation.

"The resignation at Colby's request is related to violation of student privacy," Adams wrote. "This matter has prompted an investigation by law enforcement authorities, and the college is cooperating with that investigation."

Brown's trip to China with a group of students was part of the college's "Jan Plan," a time when students undertake different projects outside of regular classes. According to a description posted on the college's website, Brown's "Made in China" course from Jan. 3 to Jan. 27 was intended to examine the economic, political, and social issues with China's rapid growth.

As part of the China trip, students wrote blog posts about their experiences that were posted on the college website, and the group used a single laptop computer provided by Brown. The last such blog post was made on Jan. 24.

Brown couldn't be reached for comment.

Colby has since removed Brown's directory information, and the "Made in China" blog posts, from its website.

'I have done this before'

According to the affidavit filed by Armstrong, the allegations surfaced on Jan. 22 when two students were writing a blog post and accidentally deleted the entry. The students attempted to retrieve the blog post from the computer's trash bin "and found disturbing images of a fellow student."

The student in the photo, a female, was "nude from the waist down."

On Jan. 24, Armstrong received a complaint from the college's attorney concerning the student trip to China, which included four female students.

According to the lawyer, Jerry Crouter, "students on the trip had reported the discovery of images on a computer apparently taken by a hidden surveillance camera placed in the female students' bathroom in the hotel they were staying in while in China."

It's unclear where in China the students were staying, because they traveled to different locations. The latest available blog entry online, posted Jan. 17, indicated that the students were staying in Jiayuguan, in north-central China, about 1,200 miles west of the capital, Beijing.

The next day, Jan. 25, the student in the photo spoke with Armstrong by phone and said that Brown -- prior to the trip and after a class at Colby -- had asked if she would "agree to be in charge of the medicine box" during the trip.

"Mr. Brown explained that he felt the students would be more comfortable asking her for medication," the affidavit states.

She agreed and next saw the medicine box at the hotel in China. It contained a First Aid kit, medicine container and black box, which Brown said "contained necessary information about the trip." She said that during the first night in the hotel, Brown placed the containers in the bathroom "and insisted that the containers be kept in the bathroom so everybody would know where they were."

After the female student confirmed that the photo was of her, she and other students searched the bathroom and found a surveillance camera in the black box. They reported the discovery to college officials and sent the image to Armstrong, who was able to confirm the image had come from a surveillance-type camera.

College officials confronted Brown in China by phone on Jan. 25. Lori Kletzer, vice president of academic affairs and dean of faculty, called Brown and "relieved him of his duties, and placed him on administrative leave." The phone call only lasted briefly and Brown soon called back "and apologized, "saying the students' allegations of invasion of privacy were true." He went on to say "this was the first time he had ever done this (invasion of privacy) and was very remorseful."

Brown had returned to Waterville by Jan. 26, when he met in the morning with college officials for a meeting "to discuss the termination of Mr. Brown's employment with Colby College."

"During this discussion Philip Brown voluntarily said to Lori Kletzer that he had been less than forthright with her," the affidavit states.

Brown then stated, "'I have done this before,'" according to the affidavit. Asked when, Brown responded, "during the China trip in 2009."

Brown then would not respond to further questions about that matter. Asked if he had "ever done this while on campus," Brown said "only once in his apartment but not with a Colby College student."

Since August, Brown had been living in an on-campus apartment building called the Pepper Building, which houses students and faculty.

He returned to his apartment Jan. 26 to retrieve personal belongings, but he did not remove any electronic devices, according to the affidavit.

The next day, state investigators seized an Apple iMac computer, property of the college, as well as an external hard drive, additional memory drives and CDs, according to the affidavit.

Investigation ongoing

Waterville Police Chief Joseph Massey said Thursday that his department is not actively involved in the criminal investigation but is ready to assist. Waterville Detective Chris Paradis has been assigned to monitor the case, he said.

"My understanding is they're still trying to retrieve items from China to get those things back here for forensic analysis," Massey said. "Now it's out of our jurisdiction."

However, "should anything lead back to Colby, to Waterville, we'd become the investigating agency," Massey said.

As the seized electronic items are reviewed, the Kennebec County District Attorney's Office will determine whether any charges should be filed, according to Armstrong.

Adams, the college president, wrote in his letter to students and faculty that the well-being of students was the college's "utmost priority" and "we do not and will not tolerate behavior that is antithetical to the fundamental values of our community."

"We take this matter very seriously," Adams wrote. "We took prompt action to address it, and we will continue to support the affected students in ways that are respectful of their privacy."

Sally Baker, a Colby College spokeswoman, declined to comment further on the matter Thursday beyond what was already in the president's letter.

Baker said the president's letter was sent Jan. 28, but she would not confirm when Brown's resignation took effect.

Brown was scheduled this semester to teach an upper-level economics seminar, Baker said, and students who had been scheduled to take that class "have been asked to join other seminars."

The college's student newspaper, The Colby Echo, reported on Feb. 8 that Brown's resignation came five months after the college had awarded him tenure.

Brown, The Colby Echo reported, "was a well-liked professor before his resignation" and "was known for being a challenging professor as well," but he had a "sometimes-unpleasant demeanor."

According to his May 2010 resume, Brown had been vice president of the Chinese Economists Society since 2008, a research fellow with the nonprofit William Davidson Institute of Ann Arbor, Mich., and one of Colby College's five best professors as selected by the class of 2008.

He received his doctorate in economics from the University of Michigan in 2003 and wrote his dissertation on "Poverty, Education and Intrahousehold Bargaining: Evidence from China."

http://www.kjonline.com/news/colby-professor-resigns-amid-hidden-camera-flap_2011-02-10.html

Posted by Nealus at February 12, 2011 05:40 AM

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