Accusers May Be the Real Harassers at Orange Unified

I smell a large rat.

Maybe it’s because I spent a pleasant hour the other evening with Joyce Capelle, accused sexual harasser, and found her devoid of pretense or defensiveness. Maybe it’s because I squirmed when I saw that the only allegation against her is that she “tolerated sexual banter in the workplace.” Maybe it’s because I know there’s more behind-the-scenes intrigue in the Orange Unified School District than in a John Le Carre novel.

Let’s just say there’s enough here--or, enough not here--to make you wonder.

Capelle is the district’s chief financial officer, hired 3 1/2 years ago with Deputy Supt. Richard Donoghue to get Orange Unified’s crumbling fiscal house in order. Donoghue is Capelle’s immediate boss and is swimming in the same soup--being investigated by the district for allegedly inappropriate sexual actions and language.

I wanted to meet Capelle because it isn’t often a female supervisor is cited for sexual misconduct in the workplace and because “tolerating sexual banter” sounds like an allegation that could apply to virtually every adult I’ve known.

Capelle, 39 and a former hospital administrator before she got into public education, showed up without her attorney. She has the physical bearing of a Janet Reno and spoke crisply and articulately about the allegation, which has remained non-specific.

“If I’m going to be publicly vilified and have my professional career ruined over something as widespread as bantering in the workplace or, let’s say, an off-color birthday card, then where does that leave everybody else?” she said.

Keep in mind Capelle isn’t charged with harassing an underling. She isn’t charged with asking an underling for a date. She isn’t charged with holding up a promotion in exchange for sexual favors. We’re not talking about other celebrated cases where numbers of people have come forward with charges.

“I understand the theory of the hostile work environment, which apparently they’re citing here,” Capelle said. “Let’s say you have a staff meeting with seven people and someone tells an off-color joke. You don’t censure the person who tells it because no one was complaining about it, everyone was laughing about it, no one seems disturbed. As I understand it, it’s not a hostile work environment until someone enters a complaint.

“My behavior is mild compared to that of most of the people in the (school district) cabinet, so to the extent that I was a participant in sexual bantering, sure. Did I shut it off immediately? No, so I guess I’m guilty of sexual bantering in that context. Dirty jokes? I don’t tell them. Not that I have a moralistic streak, but I don’t have a wealth of them (jokes). But I laugh at them. I’m not a prude. I don’t shut down those behaviors, nor do I feel responsible for people who are at least my peers, if not my superiors, organizationally.”

For you conspiracy theorists, remember that Capelle and Donoghue have pared millions of dollars from the district’s budget--cuts that obviously upset people. When I asked if she has gored lots of oxen, she replied, “There’s a lot of hamburger spread throughout the district.”

“The level of play here (in Orange) is pretty toxic,” she said. “I don’t know how else to describe it. Orange is known for offing its administrators, but normally they stir something up and that administrator slinks off quietly into the night. Maybe they counted on us (her and Donoghue) slinking off into the night.”

Instead, the pair have filed a $20-million defamation-of-character lawsuit.

Capelle has a staff of seven and said she’s replayed hundreds of conversations over in her mind. Who, she has asked herself, was offended but never got around to telling her about it?

“If it (the alleged offense) is really general, then I don’t know what to say. Will I stand up publicly and be flogged, bearing the burden of past indiscretions? No. Uh-uh. I’m too stubborn for that. If there’s anything I said or did that someone genuinely convinces me they’re legitimately concerned about, then they deserve an apology.”

I asked her if sexual jokes or innuendoes have any place on the job, even among “team” professionals who work together. “I think the legal environment has gone to the point where you’re wiser to completely eliminate them from the workplace,” she said. “Is that human nature? No, I don’t think so.”

Would she consider anything off limits? “I have a line. And that line has been there. How I handle it and have for 20-plus years I’ve been in the work force is that I would say, ‘OK, you guys knock it off,’ and they did. I’ve never had a situation in which once I made it clear, that the behavior continued.”

She is left to wonder if the allegations, all by themselves, are a career-buster.

“Let’s say I go apply for a job at Irvine Unified tomorrow. Let’s say five qualified people come in the door. Do you think I’m going to get hired now? I’m very good at what I do, but that’s not going to matter at all, in light of the stigma associated with this charge.”

My take on things is that if Joyce Capelle is guilty of anything, and I doubt she is, the appropriate punishment should have been a 15-second admonishment from the superintendent the first time the two happened to run into each other at the water fountain.

The next thing the fair-minded citizens of Orange Unified should press for are the names of all other administrators who have “tolerated” the same banter Joyce Capelle has tolerated.

Who knows, if she’s publicly reprimanded, maybe she could provide some names.

Dana Parsons’ column appears Wednesday, Friday and Sunday. Readers may reach Parsons by writing to him at The Times Orange County Edition, 1375 Sunflower Ave., Costa Mesa, Calif. 92626, or calling (714) 966-7821.