Private Attorney General: Denial Of Attorney Fees To Plaintiff Who Successfully Challenged University’s Sexual Harassment Determination Affirmed On Appeal

The Litigation Did Not Confer A Significant Benefit On A Large Class Of Persons And The Lack Of Substantial Evidence Necessary To Support University’s Administrative Decision Did Not Constitute Evidence Of Arbitrary And Capricious Conduct.

            In Doe v. Regents of the University of California, Case No. A158704 (1^st Dist., Div. 4 November 30, 2020) (unpublished), a third-year medical student filed a petition for writ of administrative mandate to challenge his dismissal from the university after its Office for the Prevention of Discrimination and Harassment determined he was responsible for sexual harassment.  The complaint against student stemmed from a physical examination he conducted, while on clinical rotation, on a 12-year-old girl for treatment of a possible eating disorder – wherein student failed to secure consent for the intimate portion of the examination from minor’s mother and conducted the exam without a chaperone present.

            Although the trial court granted student’s petition, finding there was no substantial evidence to support the university’s finding that the exam was of a sexual nature, it denied student’s motion for attorney fees of $108,164.67 pursuant to Code Civ. Proc., § 1021.5, or alternatively, for the $7,500.00 maximum amount authorized pursuant to Gov. Code § 800(a).

            Student appealed, but the 1/4 DCA agreed with the trial court’s reasoning and affirmed.  Student’s litigation did not result in a significant benefit being conferred on the general public or a large class of persons as required under section 1021.5.  The trial court did not grant student relief based on any of his due process arguments.  Rather, it granted relief because the finding of sexual harassment lacked evidentiary support.  Therefore, the benefit secured by the litigation inured only to student.  As to student’s request pursuant to Government Code section 800(a), fees may not be awarded under section 800 simply because the university’s determination was erroneous, and student failed to make the requisite showing that the university’s actions were arbitrary or capricious.