Some Charges in Orange Unified Suit Dropped

The main charges in a $60-million defamation lawsuit filed by three Orange Unified School District administrators against school board officials have been dismissed, attorneys in the case said Thursday.

Disciplined by school district trustees in November, 1993, after an internal investigation found evidence of sexual harassment, the three--Assistant Supt. Richard L. Donoghue, Chief Fiscal Officer Joyce Capelle and Transportation Director Howard Mason--filed a lawsuit a month later.

In their suit, the three alleged that “School Board Member X,” later identified in court papers as former Trustee Barry P. Resnick, and other officials had defamed them by leaking details of the case to the news media. They sought $20 million in damages each for defamation of character, invasion of privacy and emotional distress.

In a ruling earlier this month, Orange County Superior Court Judge Francisco Firmat granted Resnick’s motion to strike the defamation allegations for lack of evidence.

The administrators’ evidence, Firmat wrote in an order issued April 10, “rises only to the level of reasonable speculation, i.e., a good guess.”

The remaining allegations--that the district denied the administrators due process--are still pending.

The charges dropped from the lawsuit were dismissed “without prejudice,” which means that they could be refiled if more evidence were presented.

John Pereira, Resnick’s attorney, said he thinks that would be unlikely, however. “Dr. Resnick has been exonerated,” he said. “I think the court’s ruling reflects the fact that all of the allegations are completely false.”

Dale Gronemeier, attorney for the three administrators, did not return phone calls seeking comment. School district officials said they could not comment because all personnel proceedings are confidential.

The 1993 school district citation against Donoghue, Capelle and Mason, all of whom were removed from the jobs they held at the time, listed a number of employee complaints. Among the allegations were that weekly staff meetings were punctuated by lewd jokes and profanity and that sexually explicit toys and knickknacks were visible in administrators’ offices.

The citation also alleged that Donoghue patted female employees on the buttocks and that inflated condoms were used as balloons for decorations at a party for Donoghue during office hours.

All three administrators appealed the board’s action. Hearings for Donoghue, who is on an unpaid leave of absence, are continuing. The board’s complaint against Capelle was dropped. She was accused of tolerating a hostile work environment. Capelle remains out of work on medical leave. Hearings for Mason are to be scheduled later this year.

Legal expenses for the administrative proceedings, which were closed to the public, have cost the school district more than $330,000 so far, said Supt. Robert L. French.