PSS ordered to produce documents requested by accuser

The federal court has ordered the Public School System to produce documents being asked for by a security guard who is suing Hopwood Junior High School principal Jonas Barcinas for alleged sexual harassment.

In an order issued Wednesday, U.S. District Court for the NMI Chief Judge Ramona V. Manglona granted Homayan Kabir’s motion to compel PSS to respond to his interrogatory.

Manglona, however, limited the scope of Kabir’s request for information outside of Barcinas’ personnel file to 2001 through 2007.

As for any information that PSS may have received from a student, parent, PSS employee, or another person that pertains to a sexual harassment or improper conduct by Barcinas, Manglona said that these documents shall be presented to Kabir’s lawyer for review.

The judge said that Kabir and his counsel, and all of his agents, shall be subject to a protective order.

Under the protective order, the information is limited to use in this case only; access is limited to Kabir and his attorney, Joseph Horey; additional photocopies of information may not be made; any testimony regarding any student’s records shall occur during proceedings closed to the public; and the disclosed information shall be turned to the school system at the end of the lawsuit.

Kabir was employed as a security guard at Dandan Elementary School from April to October 2005 and again from July to October 2006.

In November 2007, Kabir filed a sexual harassment against Barcinas and PSS. He alleged that Barcinas, who was then principal at Dandan Elementary School, sexually harassed him by making repeated sexual advances on him.

Barcinas has denied the allegations. He earlier told Saipan Tribune that the security guard was only making up the story and that Kabir should apologize to him.

In a motion to compel, Kabir’s counsel asked PSS to identify each and every communication from any student, parent, PSS employee, or any other person alleging that Barcinas has, while employed by PSS, engaged in sexual harassment.

Kabir demanded that PSS describe in detail its response to each such communication. The security guard also asked for all documents related to how PSS responded to these communications.

PSS objected to Kabir’s interrogatory on the ground that it is burdensome, oppressive, and overboard, among other things.

Manglona conducted the hearing on the motion on Wednesday

In granting Kabir’s motion, Manglona ruled that the interrogatory is not overbroad because it limits the subject matter to communications related to Barcinas’ misconduct during his employment at PSS, information that is neither irrelevant nor trivial.

“The court finds that the burden of answering such a request does not outweigh the possible benefit gained,” Manglona said.

With respect to information outside of Barcinas’ personnel file, Manglona said the temporal scope of discovery of four years before Kabir’s employment up to a year after his termination is reasonable and not overly burdensome.

On the privacy issue, the judge determined that the requested information of any allegation of sexual harassment or inappropriate conduct is relevant for discovery purposes, and that an in camera review of the documents is unnecessary.

A proceeding is in camera when a hearing is held before a judge in his or her private chamber or when the public is excluded from the courtroom.