Bralock v. American University of Health Sciences Inc.

Wrongful Termination, Sexual Harassment

Los Angeles

Superior Court Judge J. Stephen Czuleger

Plaintiffs Attorney: Law Office Of Twila S. White, Twila S. White; Iverson Matthew Jackson Law Firm, Pc, Iverson M. Jackson

Defense Attorneys: Callahan Thompson Sherman & Caudill, Llp, Robert W. Thompson, Alex A. Zolg; Tyson & Mendes Llp, Andrew L. Smith

Twila S. White

When a nursing student complained to a professor that the founder and owner of American University of Health Sciences was sexually harassing her, the professor told the school's president and its dean, and together they took the young woman off campus to investigate further. Then the owner found out about the allegations.

"Well, from there you can almost finish the story," said Twila S. White, the attorney who represents the professor, Brandon Fryman, and the dean, Anita Bralock, in litigation against the small Christian college and its founder, Gregory Johnson.

"Once [Johnson] received notice of it... he took the investigation away" from the school's president, she said. "And then Gregory Johnson started retaliating."

He demoted Fryman and cut his salary by half. Later, he suspended and then fired Fryman and Bralock for allegedly plotting to launch a competing nursing school.

White sued Johnson for creating a hostile work environment and the school for retaliation, Title IX violations and other claims. Bralock v. American University of Health Sciences Inc., BC614955 (L.A. Super. Ct., filed March 25, 2016).

Then came about five and a half years of what she described as "scorched earth litigation" in which she and another sole practitioner, Iverson Matthew Jackson, contended against a bevy of attorneys from two firms.

When the case finally came to trial in August last year, the defendants argued the plaintiffs were fired for plotting to create a competing school, presenting as evidence a business plan listing them as participants.

But on the stand for the defense, another potential participant testified that he never knew his name and photo were contained in the plan document, matching Fryman's and Bralock's claims.

"It was so funny," White said. "Their whole defense fell flat on its face before the jury."

Further, the fellow who owned the plan testified that he never told the plaintiffs about it nor asked their permission to include their names and photos, she said.

The plaintiffs put on two witnesses who said they experienced or saw inappropriate conduct or comments by Johnson. White also showed the jury scripture-like passages laced with what she called "sexual innuendo" that Johnson, who is a pastor, wrote and asked school staff to discuss at daily meetings.

The plaintiffs also claimed Johnson liked to attend Comic-Con to be photographed with scantily clad female fans and that he gave students credit for volunteer hours for attending the convention, White said.

However, the jury was unpersuaded. It found for the defense on the allegations against Johnson for sexual harassment and creating a hostile work environment, according to White and his attorney, Robert W. Thompson.

But in its verdict in September, the jury did award $2.4 million against the school for retaliation and other causes of action.

One of the school's attorneys, Andrew L. Smith, noted in an email that the plaintiffs had sought $43 million. "We were pleased to have saved our client nearly $40 million," he wrote. He added that the school is appealing, but his firm no longer is involved.

White said the final judgment, including fees and costs, totals a bit over $5.2 million.

- Don DeBenedictis

Iverson M. Jackson