Judge won’t toss suit against district

BURBANK — Proceedings for a sexual harassment suit filed in June against the Burbank Unified School District will continue despite the district’s attempt to have the case thrown out, according to court documents filed Monday.

Los Angeles Superior Court Judge Joanne O’Donnell denied the district’s request for the suit to be stricken.

In response to the sexual harassment suit filed by district secretary Danielle Baez against the district and director of facilities Craig Jellison in June, the district’s attorney, Nancy P. Doumanian, filed a motion in late September in Los Angeles County Superior Court to strike the complaint, calling it frivolous.

Doumanian and district administrators have declined to comment on the litigation.

“Defendants’ argument that plaintiff has not alleged facts amounting to actionable harassment of discrimination under [the Fair Employment and Housing Act] also lacks merit. The facts alleged at paragraphs 13 to 25 [of the complaint from Baez] allege conduct sufficiently sever and/or pervasive to create a hostile work environment,” according to minutes from the judge’s ruling.”

The judge also ruled that Baez’s lawyers needed to make some changes to their original complaint against Jellison and the district.

Some of these included a lack of evidence for certain allegations against the district and Jellison, inaccurate placement of liability for alleged offenses and inconsistency regarding Baez’s current employment with the district, according to the ruling.

Baez has not returned to her job since she took medical leave in March.

“What we did at the hearing a couple weeks ago was tell the court that we want to make some adjustments on the pleading,” said Victor L. George, Baez’s lawyer. “The primary one is some of the causes of action we allege.”

One of those causes of action, or reasons for the suit, was the alleged retaliation the district took against Baez once she filed a complaint with their offices against Jellison.

According to the judge’s ruling, Baez’s lawyers had not provided any allegations that point to the district retaliating against her, but only allegations of Jellison retaliating against her.

Jellison, who Baez said was her supervisor at the time, can be held personally liable for retaliation, according to the judge’s ruling.

Baez’s lawyers will have to identify which allegations should be against only Jellison and which should be against the district before the suit can move on, George said.

In the lawsuit, Baez alleges that Jellison repeatedly sent her sexually explicit e-mails beginning in December 2005.

Baez also alleges that Jellison sexually assaulted her in the district’s facilities building in July 2006, locking her in his office and making unwanted advances.

She is asking for an unspecified amount in damages due to discrimination and harassment, negligence, battery, false imprisonment, infliction of emotional distress and invasion of privacy.

The judge set a case management conference — a clarification of cause for the lawsuit — for Jan. 24, at which time she may determine a trial date, George said.

 RACHEL KANE covers education. She may be reached at (818) 637-3205 or by e-mail at rachel.kane@latimes.com.