El Camino Hospital in Mountain View accused of ignoring manager’s alleged San Jose steakhouse sex attack on nurse

El Camino Hospital refused to investigate a nurse s claim that a manager sexually attacked her in a bathroom stall because the alleged event happened during a retirement party for a co-worker at a downtown San Jose steakhouse not at the Mountain View soundness care campus where she worked a lawsuit against the hospital and the alleged assailant states The manager was arrested and charged earlier this month with sexual battery The nurse claimed in her lawsuit that during the retirement party in March at Morton s steakhouse attended by El Camino nurses doctors managers and directors manager Evyatar Nitzany followed her into the women s bathroom and a stall He allegedly locked the stall door pinned her against the wall kissed her forcefully groped her breast then exposed his genitals and required her to perform oral sex This news organization is not naming the nurse as the event concerns an alleged sexual attack El Camino Fitness which operates the hospital reported Thursday that it took the nurse s accusations with the utmost seriousness and that it does not tolerate harassment and misconduct We are reviewing the matter and remain committed to maintaining a safe and respectful atmosphere for all employees El Camino reported adding that Nitzany is no longer employed at the hospital Nitzany of Los Altos was arrested in October at the hospital in Mountain View and charged May with sexual battery indecent exposure and false imprisonment court records show His lawyer in the criminal occurrence Marshall Hammons revealed Nitzany did not commit the claimed offenses He is someone with no criminal history or record and the court process will go to show his innocence Hammons reported Thursday San Jose police officers questioned the nurse and arrested Nitzany after a colleague of the nurse contacted the department according to police reports filed in Santa Clara County Superior Court Police spoke to the nurse in the El Camino crisis department where she had checked herself in saying she was distraught over the alleged attack and having suicidal thoughts police stated Nitzany when approached by police mentioned he had an idea why he was being arrested and that he yearned a lawyer present before answering questions police commented One El Camino employee advised police she had gone into the bathroom at Morton s that night heard a loud noise and giggling and called out the nurse s name but only heard more giggling Another witness reported police the nurse confided in her the next day that Nitzany had pulled her into a stall groped her breast and exposed himself The nurse recounted police she assumed Nitzany was drunk and would not have behaved the way he allegedly did if he had been sober She had consumed a scant drinks that night but was not intoxicated she described police Related Articles LDS church agrees to settlement in principle of more than sex abuse lawsuits in California Pacifica police seek help in identifying indecent exposure suspect Registered sex offender to face trial in Bay Area stalking scenario Man pleads guilty to trafficking admits he raped woman before leaving her in a California forest California cop cleared in fatal shooting left department after sexual-assault allegation She communicated police that the day after the alleged occurrence Nitzany stated her he would lose his job if she stated him She announced she did not initially record the alleged attack because she feared losing her job or that Nitzany would retaliate against her according to police reports In the lawsuit filed April in Santa Clara County Superior Court the nurse claimed that a scarce days after the alleged case she agreed to speak with Nitzany in a meditation room at the hospital where he pleaded with her to keep quiet In the months that followed Nitzany continued to pester her to inquire if she was going to review the event to HR the lawsuit alleged He waited for her in the hallway to hunt her down and followed her into the cafeteria for lunch In late September the nurse broadcasted the alleged attack to El Camino s human support department and when she followed up with the department days later via email feeling anxious and fearful of Nitzany she received no response the lawsuit claimed The nurse went to the department a minimal days later and was informed the hospital would take no action because the matter happened outside the workplace the lawsuit alleged When she mentioned Nitzany was harassing and stalking her at work she learned that the department had not spoken to Nitzany the lawsuit claimed Two days later an HR official certified to the nurse that the department would not pursue an inquiry because the alleged attack took place off site and Nitzany had not stalked or harassed her since September the lawsuit alleged The nurse is seeking unspecified damages