ORANGE : Donoghue to Contest No-Pay Suspension

Deputy Supt. Richard L. Donoghue will contest a move today by the Orange Unified School District to suspend him without pay as he awaits another hearing to save his job.

The school board initiated steps in closed session last week to fire Donoghue and to demote two other top administrators following a monthlong investigation of sexual harassment in the workplace. Donoghue, 48, is accused of inappropriate touching, distributing lewd materials, and using sexually offensive language in the workplace.

Board members, acting on interim Supt. Marilyn Corey’s recommendations, also voted last week to demote Joyce Capelle, the chief financial officer, and Howard Mason, director of maintenance operations and transportation. Capelle, 39, is accused of engaging in and tolerating sexual banter in the workplace. Details of the sexual harassment allegations facing Mason, 45, are not known.

Donoghue will also file an appeal today to request another hearing to exonerate himself, said his attorney, Dale L. Gronemeier. Donoghue can ask for a public hearing, according to school policy, but his attorney said they are still undecided whether to do so.

If Donoghue requests an open hearing, the specifics of the alleged sexual harassment and those who made the accusations would be made public.

Gronemeier, who also represents Capelle and Mason, has denied the allegations against his three clients since they surfaced in late November. Gronemeier has said the district is conducting a “witch hunt” against his clients.

Jack Elsner, head of the district’s human resources department, was originally named as the hearing officer to rule on Donoghue’s temporary suspension. However, Donoghue’s attorney objected to Elsner’s selection since he is named as a witness to Donoghue’s alleged misconduct. As a result, a local high school principal will serve as hearing officer in the matter, according to attorneys.

Meanwhile, the three administrators will each seek $20 million in damages against the district for emotional distress and damage to their reputations following leaks to the media this week about the board’s closed session actions.