Denver District Attorney Beth McCann Thursday gave a strong “no” to Republican Senate President Kevin Grantham’s request for her to investigate sexual harassment claims in the General Assembly.

In a letter obtained by Colorado Politics, McCann wrote that the state Constitution “gives the General Assembly authority to establish rules governing the conduct of its members,” including sexual harassment and workplace harassment rules and policies. The response indicates the ball is back in Grantham’s court to act within his existing authority.

A back-and-forth between McCann and Grantham has been going on for a week, ever since Grantham, in a March 1 news conference, announced that he believed some of the sexual harassment allegations against lawmakers could rise to the level of sexual assault. He asked McCann that day to open an investigation, even if she didn’t have formal complaints from the victims.

Five lawmakers have been accused of sexual harassment or sexual misconduct. In the House, former Rep. Steve Lebsock, originally a Democrat, was expelled on a 52-9 vote on March 2. That vote was related to 11 allegations from five women, and that he retaliated against them in a 28-page manifesto that detailed their alleged sex lives. No criminal complaints were filed in the Lebsock case.  A second House member, Democratic Rep. Paul Rosenthal of Denver, was cleared of the charges because they took place before he was a lawmaker.

In the Senate, three Republicans have been accused of sexual harassment: Sens. Randy Baumgardner of Hot Sulphur Springs, Larry Crowder of Alamosa and Jack Tate of Centennial. Crowder apologized to his accuser, Democratic Rep. Susan Lontine of Denver. A report on the Tate investigation commissioned by the General Assembly called his accuser’s allegation credible. Grantham has raised concerns that the reports contain errors and show signs of bias, an allegation also made by Lebsock about the report that found allegations against him credible.

House Majority Leader KC Becker of Boulder said on March 1 that no one was alleging criminal behavior. “If the only time we’re going to look at such actions is within a criminal matter, then we’re holding ourselves to a lower standard than the private sector.”

McCann wrote in Thursday’s letter that her office stands ready to work with the Denver Police Department should any victim come forward and allege sexual misconduct by a state lawmaker. However, in a March 2 letter to Grantham, McCann said her authority as district attorney covers only misdemeanors and felony crimes. McCann added that she has no authority to investigate civil matters, under which sexual harassment and workplace harassment apply. She did, however, acknowledge that some cases of sexual harassment could rise to the level of sexual assault.

Victims can report sexual misconduct by a lawmaker to the Denver Police, McCann wrote on March 2, but she noted the burden of proof is much higher for a criminal charge of sexual assault than it is for a civil lawsuit or internal disciplinary action.

McCann’s letter came in response to one sent by Grantham on Tuesday. In that letter, he noted that she should investigate the allegations, even over the objections of the victims. District attorneys and prosecutors “exercise significant discretion to investigate and prosecute crimes for the public good and use their voice for victims when they cannot or will not exercise their own,” Grantham wrote.

Grantham also wrote that while victims could report alleged sexual harassment to the police, McCann does have the authority to initiate investigations under the state Constitution, common law and state statutes, without an official complaint. And given the attention these allegations have received in the media, “surely you have enough preliminary information to open an investigation.”

Senate Democrats have taken to the Senate microphone every day this week to demand that Grantham introduce a resolution they submitted several weeks ago that calls for the expulsion of Republican Sen. Randy Baumgardner of Hot Sulphur Springs. Senate rules dictate the resolution has to be introduced by Thursday, April 12. Grantham can allow the resolution to be debated by the full Senate or send it to a committee.

An allegation that Baumgardner sexually harassed a legislative aide in 2016 was reportedly found credible in an investigation conducted by the Employers Council. Baumgardner voluntarily relinquished his chairmanship of the Senate Transportation Committee on Feb. 13 and agreed to participate in sensitivity training. He held onto his chairmanship of the Capital Development Committee and as vice-chair of the Senate Agriculture, Natural Resources and Energy Committee.

Grantham said in a letter distributed after that announcement that the matter was closed. However, on Feb. 12, according to KUNC, a second sexual harassment allegation was filed in the Senate against Baumgardner by a former legislative intern, and a third, alleging that Baumgardner’s conduct created a hostile work environment, was filed on Feb. 22 by a former Senate non-partisan staffer. Baumgardner has denied all allegations.

Grantham was unavailable for comment.