Hearing Officer Overturns Sexual Harassment Disciplinary Action

Hearing Officer Ronald Hoh recently overturned a five-day suspension that was brought against Calaveras County Detective Jack Smith. Smith was represented by Paul Q. Goyette of Goyette & Adams.

The Sheriff’s Department suspended Smith for five days for allegations that he sexually harassed another Calaveras County employee. The complaining employee filed her complaint in October 1996, alleging that Smith had engaged in an ongoing pattern of harassment for several years.

She stated that Smith made inappropriate comments to her of a sexual nature and had repeatedly sought to establish a romantic or sexual relationship with her. The most specific allegation made was that on October 18, 1996, Smith inappropriately kissed her in the Sheriff’s Department parking lot.

Smith adamantly denied he had ever harassed or made any type of advances. Smith further asserted that they had been close friends for a number of years and that she even invited Smith and his family to her wedding. Smith claimed they often exchanged jokes and humorous comments but that no one was ever offended by the comments.

At the hearing, the complainant admitted she previously had a friendly relationship with Smith and she had engaged in joking conversation with him. She admitted that she invited Smith and his family to her wedding and they had friendly contact in the workplace, including a history of hugging each other as a way of saying hello or good-bye.

Goyette presented witness testimony of co-workers who had observed her in the workplace for several years. The co-workers testified that she was often the participant in crude, off-color joking and conversations in the workplace.

The co-workers also testified she was a very assertive person who would readily object to anything in the workplace she did not like or agree with. The evidence was undisputed that she never filed a complaint about Smith’s conduct to anyone until October 18, 1996.

In overturning the disciplinary action, the hearing officer carefully applied the county’s sexual harassment policy. He held that there was no evidence that any of Smith’s conduct was unwanted.

In addition, he held that there was no evidence that any of Smith’s conduct interfered with the complaining employee’s ability to do her job. These two points were specific elements of the county’s sexual harassment policy.

Goyette commented, “Smith’s case is a good example of how easy it is for an officer to be accused of sexual harassment. Smith thought he was very good friends with this employee and never had any idea that any of his conduct bothered her.

“Then, out of the blue, came a complaint. Fortunately, we were able to show what was really going on.” Smith is a 16—year veteran of the Calaveras County Sheriff’s Department and never received any type of prior disciplinary action.