Document text
2 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Classifieds Jobs Autos Real Estate FEATURED » NEWS NOW UPDATED: Standoff ends with two arrests in Wilson Elementary neighborhood ... Hermiston homeless face winter with fewer sleeping options ... Two women sought in Rogue River robbery ... UPDATED: Standoff ends with two arrests in Wilson Elementary neighborhood ... Hermiston homeless face winter with fewer sleeping options ... Two women sought in Rogue River robbery ... COURTS OnTrack whistleblower suit heads to trial Comment By Damian Mann Mail Tribune Follow @@reporterdm MailTribune.com By Damian Mann Mail Tribune Follow @@reporterdm Posted Jan. 10, 2016 at 12:01 AM By Damian Mann Mail Tribune Follow @@reporterdm Posted Jan. 10, 2016 at 12:01 AM » Social News A Klamath County Circuit Court judge has ruled a jury trial must resolve a $4.4 million whistleblower lawsuit filed by a former OnTrack employee who went to authorities with information about alleged sexual abuse of clients. On Dec. 29, Judge Dan Bunch determined motives and intents behind the facts presented to him could be decided only through a trial. Bunch’s decision was an answer to a 211-page motion for summary judgment filed by OnTrack and its director, Rita Sullivan, against a claim by former OnTrack counselor Chavala Bates that she was demoted in retaliation for her allegations surrounding sexual misconduct by another employee. “Questions of whether or not there was retaliation can be answered only by the resolution of factual disputes,” Bunch wrote in a Dec. 29 letter to lawyers representing all the parties. “The same is true with regard to whether or not there was a demotion and, if so, the basis for it.” Bates’ attorney, Andrew Lewinter of Eugene, said the initial complaint filed in the suit asked for $400,000 plus punitive damages, but the damages have been revised to $4.4 million. He said a trial scheduled for late January will likely have to be postponed. In the motion, OnTrack claimed Bates was looking for other work and had a habit of “gossiping” about confidential issues. In his denial of summary judgment, Bunch did determine that Sullivan was not an “aider and abettor” in the acts alleged to have been committed by a former OnTrack counselor, Jeremy Braun, who was accused by Bates of sexually abusing patients. Bates reported one of the sexual assault allegations to Sullivan April 21, according to the lawsuit. Sometime in May, Bates was no longer employed with OnTrack. On May 7, 2014, Bates reported the sexual abuse of three OnTrack clients to the Oregon Department of Human Services, Oregon Board of Licensee Professional Counselors and Therapists, and the Governor’s Constituents’ Office, according to the suit. After getting a new job with Community Works, Bates’ new duties included work in the OnTrack offices. But Sullivan wrote an email June 3, 2014, to Community Works, in which she stated, “She (Bates) would not be an appropriate candidate for this position as it would present difficulties to have her on this site. Please choose someone else for that position.” In Sullivan’s July 14, 2015, deposition, she stated she didn’t think Braun sexually abused clients, based on information she received from police reports. Sullivan said she first heard about the allegations from police on April 18, 2014, and immediately put Braun on administrative leave. After questioning Braun, Sullivan said in her deposition that she found Braun’s denial “credible.” Sullivan said she moved Bates from the child welfare office after Bates made a decision that caused a child to be placed unnecessarily in foster care. She also referred to Bates as an “emotional liability.” “She would stir the pot,” Sullivan stated. Later in the same deposition, Sullivan said, “I can honestly say I have never had anybody with that level of liability and emotional meltdowning [sic] and self-absorption and all that that I had with her.” Sullivan denied Bates’s change of job duties were in retaliation for raising the sex-abuse allegations. The whistleblower lawsuit is the second suit that has been brought against OnTrack related to questions about sexual abuse. The other suit was settled recently after being filed by one of the women who claims to have been sexually abused by Braun. OnTrack’s attorney, Krisha Balasubramani, could not be reached for comment. OnTrack works with programs such as Jackson County Community Justice and Jackson County Mental Health in providing treatment programs for adult criminal offenders with substance abuse problems. According to tax records from 2013, OnTrack received more than $11 million in revenues and had net assets totaling $26 million. Reach reporter Damian Mann at 541-776-4476 or [email protected] . Follow him on Twitter at @reporterdm . By Damian Mann Mail Tribune Follow @@reporterdm MailTribune.com By Damian Mann Mail Tribune Follow @@reporterdm Posted Jan. 10, 2016 at 12:01 AM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... Business Name address Location, ST | website.com Find Southern Oregon Attractions Bars Restaurants Beauty Salons Entertainment Doctors Medical Specialists Contractors Education Lawn Services Lawyers Shopping Travel Tanning Used Cars Wedding Services ▼ Add your business here + Events Calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Propel Marketing Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Mobile Site Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Your privacy is important, read our privacy policy. © Copyright 2016 Local Media Group, Inc. All Rights Reserved. Privacy Policy | Terms of Service | Local Media Group Publications Original content available for non-commercial use under a Creative Commons license, except where noted. MailTribune.com | P.O. Box 1108, Medford, OR 97501