RIVERSIDE
COUNTY SHERIFFS DEPARTMENT SERGEANT’S DEMOTION OVERTURNED BY
ARBITRATOR
By
Saku E. Ethir
Lackie & Dammeier LLP
A
Southern California Sheriff’s Department sergeant has been ordered
reinstated to his position of sergeant, by Arbitrator Alexander
“Buddy” Cohn, after being demoted by his department.
The demotion stemmed from allegations, by the department, that
the sergeant “sexually harassed” one of his subordinates.
The
allegations of sexual harassment stemmed from one primary incident.
The extent of the incident was as follows.
The sergeant developed a mutual friendship with a female deputy
over the period of a year. The
sergeant apparently misinterpreted the friendship, and believed that the
feelings he had developed for the deputy were, and would continue to be,
reciprocated. While on
duty, but on a lunch break, the sergeant told the deputy that he had
developed feelings for her. The
deputy responded that she wished to continue the friendship, and the
supervisor/subordinate relationship, but nothing more.
The sergeant, very surprised by her response, as he had believed
the feelings were mutual, advised the deputy that he was sorry, that he
understood, and that he would have no problem continuing the friendship
and supervisor/subordinate relationship only.
Both returned to their regular duties.
Soon thereafter, the deputy reported the incident to the
department.
The
department conducted an investigation, sustained allegations of
violation of Title VII of the Federal Civil Rights Act of 1964, as well
as violation of the department’s own sexual harassment policy, and
subsequently demoted the sergeant to investigator.
The sergeant appealed, and was represented at his arbitration by
this author.
The
first two days of arbitration were held on April 14 and April 15, 2003,
before arbitrator Anthony Sinicropi.
Sadly, Mr. Sinicropi passed away prior to the conclusion of the
arbitration. The parties
agreed, in the interest of time, to select another arbitrator who would
review the transcripts of the first two days of hearing, and then
continue with the third day. Arbitrator
Buddy Cohn was selected by the parties, and the third and final day was
held on December 22, 2003.
At
arbitration, evidence, in the form of witness testimony and documents,
was introduced to prove that none of the actions by the sergeant
included “verbal or physical conduct of a sexual nature.”
In fact, the then assistant sheriff, and the deputy herself, both
testified that none of the sergeant’s actions involved verbal or
physical conduct of a sexual nature.
This was a required element of the department’s own sexual
harassment policy. In
addition, the same was introduced to prove that the sergeant’s actions
did not constitute a violation of Title VII.
Soon
after the close of evidence, Arbitrator Cohn issued a decision
overturning the demotion of the sergeant.
He found that the sergeant did not violate the department’s
policies relating to sexual harassment, and did not violate Title VII.
The arbitrator did impose a minor suspension against the sergeant
for issues relating to his duties as a supervisor.
The department was ordered to reinstate the sergeant to his
former position (sergeant), with back-pay (minus the minor suspension).
The client is thankful to his attorneys at Lackie &
Dammeier and the Legal Defense Fund, for their support throughout this
very difficult time and process.
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