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Investigation Reveals Male State Senator Used Women's Bathroom Repeatedly

By Shaun Boyd

DENVER (CBS4)- A Colorado state senator is demanding a public apology from a male colleague after an investigation found he used the women's restroom on several occasions.

It comes after a string of allegations of workplace harassment in both chambers from both parties at the state Capitol over the last year.

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Senator Beth Martinez Humenik, a Republican representing Thornton, says she was in a stall in the women's restroom - located right beside the men's restroom outside the Senate chamber - when someone came in and entered the stall next to her.

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CBS4's Shaun Boyd interviews Senator Beth Martinez Humenik (credit: CBS)

"And when I looked down, there were definitely a man's shoes and a man's suit pants."

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She soon learned the identity of that man, "Senator Kagan walked out. I asked, 'What are you doing in there?' and something about (mumble, mumble) not feeling good. As we're walking out the door, I said, 'Senator Kagan, this is not okay. I don't want to see you in here again.'"

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But Martinez Humenik says it did happen again and again and again. She says there were six reports.

"Something had to be done about it."

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She filed a workplace harassment complaint. According the investigative report CBS4 obtained, Sen. Kagan, a Democrat, admitted to using the women's restroom once, saying he had a "gastrointestinal virus" and "the bathrooms at the capitol are a confusing business." At the time, the bathrooms in question at the state Capitol were unmarked.

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Kagan said it only happened once. He accused Republicans of retaliating because Democrats tried to oust one of their members for sexual misconduct.

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Senator Beth Martinez Humenik (credit: CBS)

Martinez Humenik says it transcends politics, "It happened to female staffers on both sides of the aisle. It wasn't just Republican staffers. It wasn't just me."

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The investigative report found evidence of three instances.

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"This needs to stop. It just needs to stop. Apologize and commit to not doing it anymore."

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Kagan did not respond to a call for comment. A spokesperson for the Senate Democrats released a statement, "Senator Kagan has said all along - he mistakenly used the wrong unmarked restroom almost a year and a half ago. He has since apologized for this embarrassing mistake and looks forward to putting it behind him."

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LINK: Kagan Investigation Report

Shaun Boyd is CBS4's political specialist. She's a veteran reporter with more than 25 years of experience. Follow her on Twitter @cbs4shaun.

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