Westerly — The Colonial Theatre, a longtime community theater group known for its summer Shakespeare in the Park productions in Wilcox Park, is investigating two separate allegations of sexual harassment made against an employee of the theater earlier this year.

Nicholas Moore, vice president of the theater’s board of trustees, confirmed last week that a subcommittee created by the theater’s board has been pursuing its own investigation into the sexual harassment allegations since late April. Moore declined to say who is the subject of the investigation and did not identify the people who made the allegations. As part of the investigation, the subcommittee has created a questionnaire and distributed it to a “sampling” of past employees and contractors who have worked for the theater over an unspecified time frame, according to Moore.

Since it was founded in 1985 by producing artistic director and board member Harland Meltzer, the theater has staged hundreds of productions, employed thousands of union and non-union actors, and has taken part in educational programs as well as theater training and internships. The theater announced in May that it will be taking a one-year hiatus from its Shakespeare in the Park production.

Moore said that the investigation began after he was contacted by two people — a person applying for a job and a former theater employee. He did not say if the accused was male or female but said the employee immediately was suspended.

Each, he said, raised allegations of sexual harassment against a theater employee who allegedly created a hostile work environment. Moore would not say whether the suspended employee worked full- or part-time for the theater, and he specified that allegations were not of a “quid pro quo” nature, or someone of authority making promises of career advancement in return for sexual favors.

The board sent copies of the questionnaire to both men and women, Moore said, and respondents were asked to identify themselves as part of the survey.

Of the 12 questions asked in the survey, questions include: “Were you ever the recipient of unwanted leers, sexual comments, noises or gestures at (Colonial Theatre)?” and “Were you ever told while at the (Colonial Theatre) that in order to obtain something at (Colonial Theatre) or in your field of work, you must engage in an intimate relationship?”

Moore, who helped create the questions with the subcommittee, said that the questions were not based around allegations but were researched by the committee to include a wide breadth of possible scenarios experienced by potential victims.

Included on the subcommittee overseeing the investigation are Moore, board President Frank Winkler, board Treasurer Dawn Robinson and board member Matthew Cunningham.

In a cover letter included with the questionnaire, Moore wrote that the survey was sent to “help us better understand the background of these claims.”

The cover letter also states that the survey is not anonymous but that the board “will not include any information that identifies you in the results of this survey.”

Westerly attorney Robert Lombardo said that he represents a third person, separate from the two people who made the claims the board is investigating, who says she observed a “pervasive atmosphere of sexual harassment throughout the theater.”

“I think there was a feeling there that this has been going on for a while but nobody has said anything,” Lombardo said. “These people are terrified and they won’t come up.”

Lombardo said his client is not looking to sue the theater but only is seeking legal counsel. His client did not agree to speak with The Day.

Lombardo said that he and his client have questioned the board’s ability to thoroughly conduct its own investigation and has questioned the manner in which it is investigating.

“The people who saw things do not want to come forward and say it and put their name on that (survey),” Lombardo said. “People think that if they put their name in there ... all the (theater is) going to do with their information is destroy their lives, and not do anything. I don’t think it takes a rocket scientist to know that if you have a complaint like that, and you haven’t complained all these years, that you’re not going to complain now through a questionnaire.”

Moore also confirmed that the board signed a contract Wednesday with attorney Michael Chittick of Adler Pollock & Sheehan P.C., which has offices in Providence. Chittick will serve as a third-party representative to the theater throughout the investigation and will “help with the investigation and to also finish this process,” Moore said. Moore could not confirm whether Chittick would represent the theater in the case of a lawsuit.

Both the allegations were made “within a close time frame,” Moore said, though he would not say when exactly either person contacted the theater with the complaints or how.

Upon receiving the allegations, Moore said he immediately notified the board about them and created a subcommittee to investigate the situation. Moore did not say whether the person will be terminated. The board, he said, was waiting on the results of the investigation to make an informed decision.

Moore said he "estimates" three part-time employees work at the theater, a number that typically increases during summer productions.

“The investigation is still ongoing,” Moore said. “The board has not reached a determination and therefore it would be inappropriate for me to identify anyone in the investigation.”

Moore did not confirm how many surveys were sent but said 20 percent had been returned as of last week. He did not elaborate on whether further allegations have since been made to the board but said the theater would investigate further if need be.

As of Friday, no lawsuit had been filed against the theater or against its founder and producing artistic director, Harland Meltzer.

When asked for comment about the investigation Friday, Meltzer said, "I'm greatly saddened that anyone, at any point, ever felt that they have been put in an uncomfortable situation at the theater. I would say, in the 33 seasons that we've had, where we have employed three or 4,000 people over that time, that no one, at any time, had ever registered a complaint by me, or a stage manager, or a deputy, or any member of the board. So I was kind of surprised, but, you know, saddened that it happened, and hopefully we can work through it."

Meltzer declined to comment on who the allegations were made against and said that he does not know who made the allegations.

"I'm surprised because this theater was known as a very warm, almost like a family, place to work. Many people who came back came year after year," Meltzer said.

"I do think that if someone had a concern, that they should have brought it up," he said. "As someone who goes back, I can't even think of anyone who ever looked concerned. I can't think of someone who didn't seem to be a happy, contented member of the community. It's too bad that it comes out in this way."

Moore said the board plans to release a statement on the results of their survey soon.

“I would love to wrap this up by tomorrow if we could,” Moore said. “I think it will take a little bit longer than that. I’m not sure if it will be weeks or months but we will come forward with a statement that we will bring to the public.”

When asked if such a survey could intimidate victims and prevent them from coming forward, Moore argued that other potential victims could make allegations anonymously through "third-party counsel."

"We will conduct an open and honest investigation," Moore said. "I totally understand that it's the community who has supported Shakespeare in the Park and the Colonial Theatre through kind acts ... and I can tell you we are taking this extremely seriously, and I'm confident that, with the board's integrity and guidance from outside counsel, that we are going to have an open and honest investigation and come to the right conclusion."

m.biekert@theday.com