Was it improper for Fresno State to talk to employee in lawsuit? Her attorney thinks so
A former Fresno State employee who had submitted a letter to the university that notified leaders of a looming lawsuit was improperly contacted by a high-level Fresno State administrator in an act of bad faith, the employee’s attorney says.
The employee’s lawyer had requested that all communication be made through the attorney, which he said is typical after an employee submits a litigation letter.
Even so, Debbie Adishian-Astone, who is the vice president of administration and CFO at Fresno State, sent an email asking that longtime employee to meet to discuss the matter that was the base of the lawsuit without her lawyer and without university human resources present.
Officials with the university say they did nothing wrong, saying it’s common to ask an employee to meet and that they cut off communications after the employee declined.
The former employee, Calliope Correia, filed a lawsuit in February that claims she was a victim of discrimination as the only woman and lesbian working in the plant nursery on the campus farm from 2019 to early in 2023.
After years of harassment and having her complaints to the administration ignored, the lawsuit says, she looked to sue. The civil complaint seeks $750,000.
Her attorney, Thomas Dimitre, sent a letter of the intent to sue at the end of 2022. He said the letter informed the university that he should be the point of contact for future interactions related to the lawsuit, which he said is common for civil litigation at a public agency.
Despite the lawyer’s intent to sue letter, Adishian-Astone tried to meet with Correia, asking in an email in December 2022 to speak with her without any attorneys present and without Human Resources.
“Certainly it’s bad faith to contact a client known to be represented (by an attorney),” Dimitre said. “They tried to cut a deal on the side. It’s not very smart either.”
The university for several years has been dealing with a slew of incidents involving allegations of sexual harassment and Title IX violations. Many of the complaints center on the slow response or mishandling of those complaints by university officials.
When asked about the email exchange, the university issued a statement.
“It is not uncommon for a campus administrator to reach out to an employee to offer assistance and support, especially if they have had a positive, long-standing working relationship,” the statement said. “It was a respectful communication, and the former employee subsequently responded, declining to meet and referring any further inquiries to her attorney.”
Dimitre said that sort of meeting may have been appropriate for most of Correia’s employment, but once the school received the letter of intent to sue they no longer had that option.
The email from Adishian-Astone did not refer to a settlement, but said, “I was hoping that we would be able to meet to see what we could do to address/resolve the concerns stated in your claim.”
Dimitre called that a settlement offer. “The fact they sent a settlement offer to her instead of me is egregious,” he said.
The email Adishian-Astone sent last December also referred to a “long-standing working relationship,” which Correia said was not accurate.
“We worked at the same institution the entire time, but we were not buddies,” Correia told The Bee. “It felt very inappropriate to me. I felt like it was a manipulation, like ‘I’m your friend.’“
Fresno State and lawsuits
The university has been scrutinized in recent years after a bombshell report that former school President Joseph Castro mishandled as many as 12 sexual harassment complaints about another administrator, who was also a friend of Castro.
A CSU investigation found Castro failed to document allegations and continued to provide support to Frank Lamas, the former vice president of student affairs, even after an investigation confirmed alleged inappropriate behavior, according to the report.
Castro resigned from his position atop the CSU system after the issues came to light.
Discrimination and harassment?
Correia said she retired after 16 years working in the nursery with students, saying she felt forced out by the abuse she alleged in the lawsuit.
The complaint says bullying and harassment began in 2019 before she filed multiple complaints within the school. She began complaining weekly in 2020, the lawsuit says.
Correia said she has been diagnosed with anxiety and high blood pressure caused by her mistreatment, the lawsuit says. Her doctor signed off on physician approved intermittent Family Medical Leave and Americans with Disabilities Act accommodations, and she was prescribed medication, according to the complaint.
This story was originally published January 4, 2024 at 11:37 AM.
