Case details

Suit: Plaintiffs fired for investigating claims against school’s founder

SUMMARY

$2405600

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In September 2015, plaintiff Brandon Fryman, 38, a professor, was demoted by his employer, American University of Health Sciences Inc., a Christian university in Signal Hill. Fryman was demoted to part-time, from full-time, and his wages were resultantly reduced. About a month later, Fryman and the dean of the university’s nursing school, plaintiff Anita Bralock, 58, were suspended. Earlier that summer, Braylock and Fryman participated in an investigation of a sexual-harassment allegation against the school’s founder, pastor Gregory Johnson, after a student had reported, to Fryman, that Johnson pressed against her breast when he hugged her. Johnson, at the time, was the university’s lead Title IX coordinator. Bralock, Fryman and the university’s president investigated the student’s complaint, and Johnson was resultantly asked to stop unwanted touching and hugging of students, faculty and staff. Within weeks of the investigation, Fryman was demoted. He and Bralock were suspended in October 2015. Bralock and Fryman were later terminated by the university. Bralock and sued Johnson and American University of Health Sciences Inc. The lawsuit alleged violations of Title IX, harassment, creation of a hostile work environment, a failure to prevent harassment, retaliation under the Fair Employment and Housing Act, whistleblower retaliation, wrongful discharge, negligent hiring, negligent supervision and negligent retention. In a subsequent filing, Fryman sued Johnson and American University of Health Sciences Inc. The lawsuit mirrored the allegations of Bralock’s lawsuit. The lawsuits were consolidated. Plaintiffs’ counsel argued that Johnson promoted an overtly sexual atmosphere at the university. Plaintiffs’ counsel contended that, while attending Comic Con, a pop culture event at which attendees wear costumes, Johnson posed for pictures with females who wore revealing costumes. A male student, who attended the event with Johnson, claimed that he was shocked to see Johnson engaging in conduct that included commenting on females’ appearances. Plaintiffs’ counsel also contended that Johnson wanted nursing students to attend the event. Defense counsel contended that Bralock and Fryman intended to start a competing school and that Bralock and Fryman were terminated because they would not participate in the university’s investigation of that claim. In response, plaintiffs’ counsel argued that the university’s position that Bralock and Fryman wanted to start a competing school was pretext for their terminations. Plaintiffs’ counsel claimed that the university knew there was no competing school and knew the rigorous qualifications needed to start a school, including having approval from the nursing board in California. Plaintiffs’ counsel acknowledged that a former employee of the university started a business plan for a school, but that individual testified that he never discussed the details or specifics of the school with Bralock and Fryman and that he gathered Bralock’s and Fryman’s bios to include in his plan without their permission. Plaintiffs’ counsel also noted that another witness, who was a tenured professor who taught at UCLA, testified about being part of the individual’s business plan and about being shocked, as he never gave permission for his name or bio to be used., Bralock and Fryman claimed that they suffer emotional distress and major depressive disorder as a result of the events. Each has been prescribed Prozac. Fryman later procured work as an adjunct professor. He claimed that, because of his diminshed employment status, he had issues with obtaining consistent medical insurance for his medication and psychological care. Bralock and Fryman each sought recovery of future medical expenses, lost earnings, and damages for emotional pain and suffering. They also sought recovery of punitive damages against the university.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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