HEARING OFFICER OVERTURNS
SEXUAL
HARASSMENT DISCIPLINARY ACTION
Hearing Officer Ronald
Hoh recently overturned a five-day suspension that was brought against
Calaveras County Detective Jack Smith. Smith was represented by Paul Q.
Goyette of Goyette & Adams.
The Sheriff's Department
suspended Smith for five days for allegations that he sexually harassed
another Calaveras County employee. The complaining employee filed her
complaint in October 1996, alleging that Smith had engaged in an ongoing
pattern of harassment for several years.
She stated that Smith
made inappropriate comments to her of a sexual nature and had repeatedly
sought to establish a romantic or sexual relationship with her. The most
specific allegation made was that on October 18, 1996, Smith
inappropriately kissed her in the Sheriff's Department parking lot.
Smith adamantly denied
he had ever harassed or made any type of advances. Smith further
asserted that they had been close friends for a number of years and that
she even invited Smith and his family to her wedding. Smith claimed they
often exchanged jokes and humorous comments but that no one was ever
offended by the comments.
At the hearing, the
complainant admitted she previously had a friendly relationship with
Smith and she had engaged in joking conversation with him. She admitted
that she invited Smith and his family to her wedding and they had
friendly contact in the workplace, including a history of hugging each
other as a way of saying hello or good-bye.
Goyette presented witness
testimony of co-workers who had observed her in the workplace for
several years. The co-workers testified that she was often the
participant in crude, off-color joking and conversations in the
workplace.
The co-workers also
testified she was a very assertive person who would readily object to
anything in the workplace she did not like or agree with. The evidence
was undisputed that she never filed a complaint about Smith's conduct to
anyone until October 18, 1996.
In overturning the
disciplinary action, the hearing officer carefully applied the county's
sexual harassment policy. He held that there was no evidence that any of
Smith's conduct was unwanted.
In addition, he held that
there was no evidence that any of Smith's conduct interfered with the
complaining employee's ability to do her job. These two points were
specific elements of the county's sexual harassment policy.
Goyette commented,
"Smith's case is a good example of how easy it is for an officer to
be accused of sexual harassment. Smith thought he was very good friends
with this employee and never had any idea that any of his conduct
bothered her.
"Then, out of the
blue, came a complaint. Fortunately, we were able to show what was
really going on." Smith is a 16-year veteran of the Calaveras
County Sheriff's Department and never received any type of prior
disciplinary action.
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