School Board Votes to Fire O.C. Official

ORANGE — Trustees of the Orange Unified School District have voted to fire one top administrator and demote two others after an investigation of sexual harassment allegations, district sources said Tuesday.

After more than four hours in closed session, the board voted 7 to 0 Thursday night to terminate the contract of Deputy Supt. Richard L. Donoghue, 48, sources close to the investigation said. Donoghue was accused of inappropriately touching employees, distributing lewd materials and using sexually offensive language in the workplace, the sources confirmed.

The board, acting on recommendations by interim Supt. Marilyn Corey, also voted 4 to 3 to demote Chief Fiscal Officer Joyce Capelle to a lower position in the finance department, the sources said. Capelle, 39, is accused of tolerating sexual banter in the workplace.

The board also voted to demote Howard Mason, 45, director of maintenance operations and transportation, the sources said. The investigation by the school district’s attorney and her staff had included a third unidentified employee, which sources revealed Tuesday was Mason. The sources, however, would not reveal the nature of allegations against him.

“I’m really taken by the whole thing,” Mason said Tuesday night. “This is the first I’ve heard of it.”

Mason, who declined further comment, served as a consultant to several other school districts before being hired by Orange Unified about three years ago.

Donoghue and Capelle did not return phone calls.

Dale Gronemeier, the attorney representing the administrators, said the three plan to appeal the board’s action. They have five days from the time they receive notification of the action to request a hearing, according to school policy.

If Mason and Capelle lose their appeal, their demotions would mean less pay.

Donoghue was officially notified of the board’s action on Monday afternoon, and Capelle on Tuesday, Gronemeier said. Mason has yet to be officially told, Gronemeier said.

He said it has been a top priority to protect his clients’ privacy but that he may have to reconsider that in light of Tuesday’s disclosures.

“Now that there has been further leaks, I think we have to evaluate whether or not we will now be forced to defend ourselves in a public forum,” Gronemeier said.

While not detailing specifics of the allegations facing his clients, Gronemeier said the “charges are thinner than toilet paper.”

He added: “This is an invasion of privacy rights, again, that this kind of confidential personnel information will be printed in the papers. This will lead to another round of damage claims with the district. . . . It’s really unfortunate this happened.”

Gronemeier, who began representing Mason in late November, would not comment on allegations facing the transportation and maintenance director.

Because it involves a personnel matter, board members contacted Tuesday refused to comment about last week’s closed meeting.

Corey and attorney Mary Jo McGrath, who heads the district’s investigation, both were unavailable for comment.

Donoghue and Capelle already have filed a $20-million lawsuit against the district, the district’s attorneys, Corey and an unnamed board member. The suit alleges defamation, invasion of privacy and breach of contract. It accuses district officials of instigating the investigation to retaliate against Donoghue and Capelle for imposing cost-saving measures in the financially troubled school system.

Corey placed the administrators on temporary paid leave, what school officials termed “home assignment,” on Nov. 23 pending completion of the investigation. Capelle was allowed to return to work last week , but Donoghue continues to be barred from working at school headquarters.

Donoghue has 1 1/2 years remaining on a three-year contract. The amount of his salary wasn’t available, it was $94,700 annually as of June, 1992.

Other than the board’s latest decision, the district has taken no action regarding Mason. However, the administrator has not reported to work in a week because of “migraine headaches and sleep deprivation,” according to Gronemeier.

Gronemeier suggested the district’s investigation may have aggravated Mason’s condition.

“It’s been cruel,” Gronemeier said. “I’d be shocked if this weren’t a contributing factor or the cause of his condition.”

At Corey’s behest, the district launched an investigation into sexual harassment allegations in October, interviewing at least 40 employees. Corey said she initiated the investigation to put an end to rumors she had been hearing since arriving in the district in July.

“When anyone is new to an organization, you hear a lot of information and you don’t know whether it is true or not,” said Corey. “I thought it was time to negate or confirm that information.”

The turmoil is hardly new for the school district. Over the past four years, it has witnessed the dismissal of a school superintendent, an unsuccessful bid to recall five trustees, teacher layoffs and three failing inspections by the state highway patrol of its aging 74-vehicle bus fleet.

The sprawling 26,000-student district has schools in Orange, Anaheim, Santa Ana, Garden Grove, Villa Park and Silverado.