The appeals court ruled in Walton v. Victor Valley Community College District, No. G064668, that Jessie Walton, who alleged program director Diego Garcia subjected her to verbal and physical sexual harassment during spring 2018 clinical rotations, may pursue FEHA claims as an unpaid intern.
Walton alleged Garcia tried to force her into a sexual relationship in exchange for better grades and gave her a non-passing grade after she rebuffed his advances.
Writing for the panel, Justice Scott rejected the trial court's conclusion that Walton lacked standing because she was a student. The court pointed to legislative history showing that when the Legislature extended FEHA to unpaid interns, it recognized many "internships are part of a more formalized educational or vocational program," including nursing programs.
"Thus, a postsecondary nursing student like Walton doing a clinical rotation at a hospital qualifies as an 'unpaid intern' under FEHA," Justice Scott wrote.
The panel also found the trial court abused its discretion by excluding a declaration from Walton's attorney over a missing penalty-of-perjury subscription. Justice Scott wrote that "refusing to permit a cure hamstrung Walton's ability to oppose a dispositive motion."
On Walton's claim under Education Code section 66270, the court held triable issues existed as to whether the district acted with deliberate indifference despite its investigation. "The investigation conferred no benefit on Walton, aside from belatedly validating her complaints," Justice Scott wrote, noting she had already left the program. Excluded deposition evidence indicated "the District had received previous reports about Garcia sexually harassing other nursing students," which "further confirms that a question of fact exists as to whether the District acted with deliberate indifference."
The court rejected the district's argument that Walton failed to meet Government Claims Act notice requirements. Her attorney's 13-page December 2018 letter, despite its confidential settlement label, "provided the District with the information needed to investigate Garcia's alleged misconduct," Justice Scott wrote.
The appeals court reversed summary judgment on Walton's five FEHA claims — sex discrimination, sexual harassment, failure to prevent, retaliation, and injunctive relief — along with her Education Code and negligence claims. It ordered summary adjudication only on her unchallenged Civil Code claims.
The panel certified the opinion for publication "to provide needed clarity on an unpaid intern's standing to pursue claims under FEHA, and further on the 'deliberate indifference' element of a section 66270 claim."