Sex-addict remark earns janitor two-day suspension

Friday, July 16, 1999 | 11:38 a.m.

CARSON CITY -- A state janitor is going to get a two-day suspension for suggesting to a female co-worker that she was a sex addict, a hearing officer has ruled.

Hearing Officer Pat Dolan, however, overturned the firing of custodian Richard James, saying there was insufficient evidence that he committed other acts of sexual harassment against the woman. He ordered James reinstated to his job and given his back pay.

James and Doreen Bouteiller are both custodians at the state Library & Archives Building in Carson City. Bouteiller complained that James improperly touched her twice while she was trying to lower some high standing doors at the building. James said he was trying to steady her so she did not fall during the incident in January this year. Bouteiller denied she was in any danger of falling.

The hearing officer, in a decision released Thursday, said there was no substantial evidence to back up the allegation of sexual misconduct in the incident. But Dolan said the remarks by James about Bouteiller being a sex addict were offensive and deserved a two-day suspension without pay.

During the appeal hearing before Dolan in May, Bouteiller testified she may have discussed her sex life in front of James but she never gave him cause to ask her if she was addicted to sex.

James remembered the incident differently. He said he talked with Bouteiller about his difficulty in trying to quit smoking. James said Bouteiller criticized him for his weakness and he replied, "Haven't you any addiction besides sex?" James claimed Bouteiller spoke to him constantly about her sex life and claimed she was a nymphomaniac.

The hearing officer warned James he will face harsher disciplinary action, including firing, if he is involved in similar actions in the future.