Mission Worker Files Complaint Alleging Sexual Harassment by Boss : Courts: Judge denies restraining order against manager of female employee at historical landmark, but other conditions are agreed to until trial.

An employee at the San Juan Capistrano Mission filed a sexual harassment complaint Friday against Robert McCreary, the chief operations officer in charge of the historical landmark’s day-to-day business.

The civil complaint, filed on behalf of Donna Fritz, a data-entry operator at the mission, alleges that she has been the victim of sexual harassment, intentional infliction of emotional distress and battery.

McCreary, 40, declined to comment on the complaint.

In a private conference in which attorneys for Fritz, McCreary and the mission went before Superior Court Judge Francisco F. Firmat, the judge denied Fritz’s request for a temporary restraining order that would have prevented McCreary from coming within 20 feet of her.

However, Glen R. Mozingo, attorney for Fritz, said all parties agreed to other conditions that he believes will guarantee his client’s safety until the issues can be resolved.

He said the judge ordered the attorneys not to discuss the nature of the conditions.

Mozingo said that in October the judge will schedule a trial.

Attorneys for McCreary and the mission, which was named in the complaint, said Friday they were not prepared to respond to the charges.

Brian McInerney, a spokesman for the mission, which is owned and operated by the Roman Catholic Diocese of Orange, said Msgr. Paul Martin, the pastor, and other members of the mission’s management “did an internal investigation and interviewed employees, and at this point the results are inconclusive.”

McInerney said McCreary has been told that the evidence does not warrant disciplinary action against him and that he will remain in his job, which he has held since Jan. 22, 1990. Martin was unavailable for comment.

In her complaint, Fritz, who began working for the mission in November, alleges that in February McCreary began a series of sexual advances toward her that have continued despite her protests to him that she is married and the mother of two small children.

Fritz alleges that in February she was called into McCreary’s office, where he told her that he was thinking of starting a rape prevention program.

He then grabbed her by the neck and stomach to show how difficult it would be to ward off an attempted rapist, according to the complaint, which went on to allege that McCreary began telling her about transsexuals and about how he had engaged in cross-dressing, which he said he found to be “enjoyable.”

At a Swallows Day dinner that she was required to attend March 19, Fritz said, McCreary continually placed his arms around her and several times stated: “If we become involved, I will provide you with career advancement and financial security.”

When she became frightened and tried to flee to a restroom, the complaint said, McCreary followed her and said, “Why won’t you let this relationship develop?”

Fritz said the harassment and “mauling” at the Swallows Day dinner were seen by other mission employees.

During this period, Fritz said, she applied for a promotion as the mission’s merchandising manager, but McCreary rejected her application after she rebuffed him.

In mid-May, the complaint said, Fritz voiced her objections about McCreary’s conduct to her immediate supervisor, who in turn reports to McCreary, but the harassment continued.

Fritz is demanding an undetermined amount of general and punitive damages to compensate her for emotional distress, medical bills and lost earning capacity resulting from gastrointestinal problems that she says she has suffered because of difficult working conditions.

Mozingo said Fritz was given a paid leave of absence for the two weeks during which the mission investigated her complaints.

He said she returned Tuesday but then was forced to stay home the rest of the week because of bleeding stomach ulcers.

But Mozingo said Fritz is determined to keep her job at the mission.