Southcoast Health fires 2 St. Luke’s anesthesia techs after sexual harassment complaint

NEW BEDFORD – Southcoast Health System fired two male St. Luke’s anesthesia technicians last year and reviewed its policies after a fellow, female, technician reported two years of suggestive conversations and conduct including one man’s alleged habit of touching unconscious, naked women patients.

The company stated it found no evidence of inappropriate touching in its private investigation of the April 2017 complaint to the Massachusetts Commission Against Discrimination, or MCAD, which was withdrawn Jan. 24, 2018 after Southcoast settled the case.

The allegations were made both to the company and in the MCAD complaint,  according to a letter to staff by Keith A. Hovan, president and CEO of Southcoast Health. Hovan did not describe the nature of the conduct or which hospital it occurred at.

Hovan wrote that the company launched an investigation immediately after learning of the allegations, hiring an investigator who interviewed Southcoast staff and executives.

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“The investigator uncovered no evidence that any patient was harmed or touched inappropriately. However, the investigator learned that there were conversations and conduct, by a few of our employees, that were unprofessional and offensive, and violated our commitment to treat every patient and staff member with the utmost care and respect,” Hovan wrote.

Southcoast fired two employees, whom Hovan did not identify by job description or name, citing credible evidence supporting allegations of bad behavior toward their colleagues.

The MCAD complaint names St. Luke’s anesthesia technicians Brian Gomes and Arthur Boudreau among those responsible for sexual comments and harassment of their fellow technician, and alleges Boudreau often touched unconscious naked female patients in the operating room, bare-handed.

The complaint also details a two-year history of unwelcome sexual conduct by Gomes and Boudreau, as well as other members of the operating room staff, including sexual jokes, sexual comments, statements of sexual desires, including whom her co-workers would want to have sex with, and male co-workers referring to her as “baby,” sexual gossip, unwelcome touching and solicitation of sexual favors.

The conduct included members of the operating room staff commenting on the naked bodies of male and female patients, including comparing the male patients’ penises and examination of the female patients’ breasts.

The complaint alleges that the conduct continued despite repeated reports by the woman to her supervisor. When Gomes was suspended for his conduct with the woman, he apologized upon returning, using the interaction to hug her and lick her cheek, according to the complaint.

The woman reported she was pressured to sign a non-disclosure agreement about the incidents, which she refused to do. She was finally terminated on Feb. 8, 2017.

Attorney George Leontire, representing Gomes in a wrongful termination suit against Southcoast Health, said Gomes and Boudreau were the individuals fired.

Leontire noted the MCAD complaint was focused on Southcoast, and not his client, and also pointed out that the company fired Gomes June 23, 2017 without notice after he had already been reprimanded for his behavior toward his co-worker in 2015.

Gomes did not admit guilt, according to the suit, but accepted the suspension on the condition that the sexual harassment complaint against him would be resolved. Leontire said Gomes admitted to hugging the woman during an apology upon his return to work, but said he didn’t lick the woman’s cheek.

“He was used as a scapegoat for the hospital to sweep under the rug all the problems they had.  When they fired Gomes they hoped that would insulate the hospital from the complainant who filed the MCAD complaint that involved far more then he was alleged to have done. Then they settled the MCAD complaint for big money and hoped all the allegations about the hospital and its many employees would never see the light of day.  That would have been the case had Brian not sued the hospital,” Leontire said.

While the complaint’s details have not been proven, Leontire said, “It’s clear that there were things going on in that hospital, that the hospital failed to address, by lots of people.”

Hovan wrote that a number of employees were also disciplined as a result of Southcoast’s investigation. The company also hired a consulting firm to review policies, which, “made a series of recommendations for improvement.” Hovan did not describe the recommendations.

In August and September 2017, more than 400 employees in leadership positions underwent mandatory training, which was in addition to the company’s existing training on sexual harassment and workplace behavior, Hovan wrote. The company is also planning a new training program for all 7,500 Southcoast employees that began in May and is expected to continue through the next 15 months.

“We know that the overwhelming majority of our employees deliver outstanding care and service to all our patients, and treat fellow staff members with courtesy and respect. We cannot and will not accept anything less. All patients and staff members have the right to feel safe and protected from harassment, and we will take the strongest possible action against any employee found to be in violation of that standard,” Hovan wrote.

Rob Borkowski is a PBN staff writer. Email him at Borkowski@PBN.com.