Kansas Atty. Gen. Phill Kline said Tuesday that he would not investigate claims a Kansas University professor showed pornographic videos and harassed female students in a human sexuality class.

“I’m not aware of any allegations of illegality,” Kline said, noting that Kansas law allows classroom use of obscene materials.

Sexual harassment claims, he says, are handled by private litigation.

Kline’s announcement came one day after KU Provost David Shulenburger cleared professor Dennis Dailey of allegations made by State Sen. Susan Wagle, a Wichita Republican. Wagle also had accused Dailey of rationalizing pedophilia in classroom lectures.

Wagle suggested Monday that an independent investigation by Kline’s office would be more reliable than Shulenburger’s internal review.

“I think an independent committee could be appointed, too,” Wagle said Tuesday. “I don’t think it necessarily has to be the attorney general.”

She said logistical problems prevented her from making better information available to Shulenburger during his review.

“I’m concerned that there are people who’ve shared with me concerns that were not heard by the provost,” Wagle said.

Shulenburger said he agreed with Kline’s decision.

“I think this is fine and as it should be,” he said Tuesday.

Dailey said Tuesday he now hopes that Gov. Kathleen Sebelius will veto a state budget bill proviso, introduced by Wagle, that would require universities to submit to the Kansas Board of Regents their policies regarding guidelines for sexually explicit courses and sexual harassment.

“My sense is that the university has completed its task and it’s resolved,” Dailey said. “I’m just waiting for Gov. Sebelius to make her decision with respect to the proviso.”

Wagle began making accusations seven weeks ago; she said Dailey had shown pornographic videos, made crude comments and used foul language in his class on human sexuality.

Wagle, a leader among conservative legislators, introduced an amendment aimed at cutting funding to the KU School of Social Welfare, which oversees Dailey’s class.

The amendment passed the Senate and House but was later vetoed by Gov. Kathleen Sebelius. Last week, Wagle succeeded in attaching a proviso to the budget bill.

¢ KU finds sex class claims baseless (5-13-03)¢ Waglelies.com¢ Recent stories, video, letters

Shulenburger’s investigation found that the videos shown in class, while graphic, were educational in nature. He could not corroborate Wagle’s other claims.

In the meantime, the controversy drew national attention. Fox News’ “The O’Reilly Factor” has featured the issue on four occasions and may do so again tonight.

Kline, a conservative Republican, said on Tuesday that Wagle had not contacted his office nor had he viewed the materials used in the class.

The law allows educators to show videos and use other materials that might be illegal otherwise, he said, and thus it’s up to colleges to set their policies and legislators to weigh the merits of the law.

“I can understand the policy debate,” Kline said. “But that’s not our role.”