Jessie Walton enrolled at Victor Valley Community College District as a nursing student in 2017 and was required to complete clinical rotations at local hospitals supervised by District faculty. During her spring 2018 rotations, nursing program director Diego Garcia allegedly subjected her to extensive verbal and physical sexual harassment and tried to force her into a sexual relationship in exchange for better grades. When Walton rebuffed his advances, Garcia allegedly retaliated by giving her a non-passing grade and refusing to meet with her to discuss it.
Writing for a unanimous panel, Justice Scott rejected the trial court's conclusion that Walton lacked standing under FEHA because she was not an unpaid intern. The court explained that the Legislature understands many unpaid interns are students, noting that when expanding FEHA to protect unpaid interns, the Legislature explained that many "internships are part of a more formalized educational or vocational program," including nursing programs.
The appeals court delivered its strongest criticism regarding the trial court's evidentiary ruling. Justice Scott wrote that "sustaining the objection to counsel's declaration was an abuse of discretion" because counsel could have corrected the missing penalty of perjury subscription during the hearing, and "refusing to permit a cure hamstrung Walton's ability to oppose a dispositive motion."
Walton complained to the District about Garcia's harassment in June 2018. The District placed Garcia on administrative leave and commissioned a third-party investigation, which ultimately found Garcia had engaged in "highly inappropriate behavior" by sexually harassing Walton and another female student. However, by the time the investigation concluded in late 2018, Walton had already withdrawn from the program and pursued her nursing degree out of state after the District refused to correct her grade.
On the deliberate indifference claim under Education Code section 66270, the appeals court held triable issues remained despite the District's investigation. Justice Scott noted that "the investigation conferred no benefit on Walton, aside from belatedly validating her complaints" since she had already left the program. The court emphasized that excluded deposition evidence indicated "the District had received previous reports about Garcia sexually harassing other nursing students."
The court also rejected the District's argument that Walton failed to comply with Government Claims Act notice requirements, holding that her attorney's 13-page December 2018 letter detailing Garcia's misconduct and damages provided sufficient notice even though it was labeled as a confidential settlement communication.
The court reversed summary judgment on Walton's five FEHA claims for sex discrimination, sexual harassment, failure to prevent, retaliation, and injunctive relief, as well as her Education Code and negligence claims. The appeals court ordered the trial court to grant summary adjudication for the District only on Walton's Civil Code claims, which she did not challenge on appeal. The opinion was certified 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."