Employee, student sue Fresno State and CSU over handling of harassment claims

A Fresno State employee at the center of harassment and retaliation allegations against a former top official at the university and a student who alleges her sexual assault was mishandled by the university have filed civil lawsuits in the cases.

Named as defendants are Fresno State, the California State University, its board of trustees and former chancellor Joseph I. Castro, and former Fresno State vice president of student affairs Frank Lamas.

The suits, which were filed in December in Los Angeles Superior Court, seek damages for harassment and retaliation in violation of California’s Fair Employment and Housing Act, a California whistle blower protection act violation, intentional infliction of emotional distress and negligence.

Both were first reported by USA Today, which in February 2022 published an investigation into the university’s handling of sexual harassment claims against Lamas that led to the resignation of Castro as chancellor and a number of investigations by the CSU and the university.

The CSU investigation, completed in September, found that Castro had mishandled sexual harassment and other allegations against Lamas. When president at Fresno State, Castro failed to document allegations and continued to provide support to Lamas even after an investigation confirmed alleged inappropriate behavior, according to the report. He wrote at least eight letters of recommendation for Lamas while fully aware the former administrator was the subject of sexual harassment allegations.

Lamas has denied the allegations, but a 2019 investigative report by Los Angeles-based attorney Mary Lee Wegner found a preponderance of evidence supported a finding that Lamas’ inappropriate behavior had violated both the spirit and the letter of executive order 1096, the CSU’s policy prohibiting discrimination, harassment, retaliation, sexual misconduct, dating and domestic violence, and stalking.

Fresno State has not changed leadership in its Title IX department, though The Bee found that it has not just been understaffed, but staffed with what appears to be under-credentialed employees when compared to other campuses in the CSU system.

A university task force last week released a final report with recommendations including additional training for academic deans and department chairs and a marketing campaign to raise awareness and drive cultural change as well as the addition of Title IX and Discrimination, Retaliation and Harassment staff. In implementing suggested changes it also expressed concerns that someone already on campus may have difficulty with engendering the trust and buy-in needed for “the enormity of this endeavor,” and recommended hiring an outside consultant as a change agent with a background in project management, assessment, and organizational change leadership.

A state audit of the CSU’s handling of sexual harassment complaints at the chancellor’s office, Fresno State, San Jose State, and Sonoma State is tentatively scheduled to be completed in June.

The lawsuits do not specify an amount of damages sought, but are unlimited civil cases, with an amount in dispute of more than $25,000. Both plaintiffs are represented by Newport Beach-based attorney Stephen G. Hammers and Los Angeles-based attorney Phillip A. Baker.

‘Hostile work environment’ alleged

Terrence Wilson, a former analyst in the Fresno State Student Affairs department, in his lawsuit alleges that Lamas “subjected him to a hostile work environment based on his gender and sexuality, and because he objected to Lamas’ refusal to abide by proper accounting practices.”

When he complained about that behavior, Wilson says in the lawsuit, Lamas became “noticeably hostile, reviewed the plaintiff negatively, refused to allow him to transfer to another position and instead made plaintiff re-apply for a more menial position. Meanwhile, even after other employees came forward and complained about unlawful harassment by Lamas, defendant Joseph Castro thwarted any effective investigation into Lamas’s conduct, or any remedial measures to correct it. In fact, although Lamas and Castro were ultimately forced out of their jobs when Lamas’s harassment and Castro’s cover-up came to light, the remaining defendants continued to retaliate against Plaintiff.”

‘Nightmarish sexual assault was ignored’

The student, who filed as a Jane Doe but was identified by USA Today (The Bee does not name victims of sexual assault), alleges the CSU “established a pattern of neglect and lack of concern regarding the safety of its students and employees under the presidency of Defendant Joseph Castro. Castro’s neglect manifested in all levels of campus administration.

“For years prior to the specific events at issue in the present case, and during such events, Castro intentionally refused to step in and take action to thwart abusive and inappropriate behavior in his administration. The pattern of neglect and in some instances cover-up resulted in institutional, widespread disassociation of victim’s rights, particularly in the area of sexual abuse.

“In fact, Castro was ultimately forced out of his job when it became apparent that he had covered up specific actions of harassment and abuse perpetrated by high-ranking administrator Frank Lamas. The culture and atmosphere created by Castro and Lamas resulted in neglect of student victims like Plaintiff, (whose) report of a nightmarish sexual assault was ignored and mishandled by the university.”

Statement from CSU

The CSU in a statement said it recently was served and is reviewing both lawsuits.

“In the Jane Doe case, that matter alleges student-on-student conduct and went through a full investigation by an outside independent investigator,” CSU says in its statement. “After a full evidentiary hearing before an outside, neutral hearing officer, the conclusion was that there was no violation of university policy.

“Regarding Mr. Wilson’s lawsuit, as a current employee and a valued member of the campus community, we will not comment on the specifics of his lawsuit. We are evaluating the allegations he has made, take them very seriously, and appreciate his many contributions to the university.

“We would like to reiterate that a core tenet of the California State University’s mission is to ensure the safety of our respective campus environments and to remain accountable and responsible to the members of our communities. We remain fully committed to the ongoing and transparent accountability and evaluation that both Fresno State and the CSU have undertaken over the past year when many of these allegations first surfaced.”