Harassment Trial Goes to the Jury

A woman who joined the Buena Park Police Department as a “happy and energetic” employee became “fearful, depressed, helpless and withdrawn” after more than six years of sexual harassment, her attorney said Thursday during closing arguments in her trial against the city and police.

Victoria A. Chaney, 40, of Garden Grove is suing the city of Buena Park, Police Chief Richard Tefank, Capt. Charles Self, Sgt. Gerry Smock and a since-retired city psychologist, alleging that she was ostracized and later fired, claimed attorney Carrie MacMillin.

The trial “is not about words said or jokes told,” MacMillin said. “It’s about the loss of dignity and self-respect.”

Police Department officials do not deny that racy or offending sexual remarks were made to Chaney while she was working as an investigative aide to a detective. But a few comments over a period of almost seven years do not make for a sexual harassment case, said city attorney Marsha Slough. Slough also questioned Chaney’s “accuracy of perception” of events during her tenure with the department.

Chaney is the second woman to file a lawsuit against the Buena Park Police Department alleging sexual harassment. Former Officer Sandra Jean McClaren alleges in her suit, now pending, that male officers frequently made sexual comments to her, which led to her resignation in 1989.

Attorneys for the defendants in Chaney’s suit claim that it has no foundation, because in her testimony, she cited only two specific instances of alleged sexual harassment and generalized about other incidents without dates and names.

“A sexual harassment analysis cannot be performed by looking at an isolated incident here and there . . . this gray area with no foundation,” Slough said.

Chaney contends that from the time she joined the department in October, 1983, to October, 1990, when she was fired, she was constantly harassed sexually by her supervisors. Once, during her first year, while she was delivering a cup of coffee to a detective, he asked if she also performed sexual services, Chaney testified. However, that was an isolated incident, she admitted on cross-examination.

As the years progressed, her work environment had become an abusive place for her because, among other offending actions, her supervisors constantly called women “broads or bimbo” or made derogatory comments about women, Chaney testified.

In October, 1989, after she received an award for attending a self-improvement class, Self approached Chaney and asked if the class “had helped in her sex life,” MacMillin said.

Chaney testified that the alleged harassment went unreported because she feared retaliation from her superiors. She said she told no one, not even her husband, Buena Park Police Sgt. Robert. R. Chaney Jr., until later.

In November, 1989, Chaney said, Lt. Gary Hickens told her he was looking into harassment allegations filed by another woman on the force.

Believing that her complaint would be confidential, Chaney told Hickens of her experience. Among other supervisors, she named Smock in the complaint.

The transcript of what Chaney thought was her confidential interview with Hickens was given to Smock who, Chaney charges, then circulated it through the department. From that point, Chaney said, Smock oscillated from ignoring her at work to physically intimidating her by marching back and forth in front of her desk.

Chaney claimed that she was so distressed that she received psychological counseling from a city psychologist, Thomas Abbot, who has since retired. Chaney contends that in his treatment, Abbot used obscene language and that she was intimidated by his aggressive style. Instead of helping, she claimed, the therapy further distressed her.

Chaney was fired while taking a medical-stress leave. She alleged that Chief Tefank was retaliating against her for lodging the complaints.

Tefank, however, testified that he fired Chaney when she did not return from her two-month leave. He claimed Chaney only worked 1 1/2 weeks from March, 1990, to October, 1990.

Chaney’s suit claims emotional distress caused by sexual harassment, discrimination and wrongful firing. She is asking the Superior Court jury to award her at least $250,000 in compensatory damages. She is also asking for a punitive damages award.

The case now goes to the jury.