DA charges hospital manager accused of sex assault at retirement party

This story was first printed in Saturday’s Daily Post. If you want to get the local news first, pick up the Post in the mornings at 1,000 Mid-Peninsula locations.

BY BRADEN CARTWRIGHT
Daily Post Staff Writer

A manager at El Camino Hospital in Mountain View who allegedly followed his coworker into a bathroom and sexually assaulted her has been charged with misdemeanors, court records show.

Evyatar Nitzany, 37, of Los Altos, was charged on May 1 for indecent exposure, false imprisonment and intimately touching a nurse against her will.

The Post isn’t identifying the nurse because the newspaper doesn’t normally name sex assault victims unless they choose to be identified.

Nitzany allegedly followed the nurse into a bathroom at a retirement party at Morton’s The Steakhouse in San Jose, where he kissed, groped and demanded oral sex from her on March 1, 2024.

Nitzany then pressured the nurse not to report him until she eventually had a mental breakdown on Oct. 17, San Jose Police OffiJose Luis Hernandez said in his police report.

The nurse sued Nitzany and El Camino Hospital on April 28 over the alleged assault. HR representatives at the hospital allegedly told her they couldn’t do anything because the incident happened outside of work, the lawsuit said. The nurse said she could smell alcohol on Nitzany’s breath, and he wouldn’t have acted aggressively if he wasn’t drunk, police said. She said she knew him for three years before the alleged assault, and their conversations were normal for coworkers.

About 40 people — including nurses, doctors, managers and directors — were at the retirement party, and some of them noticed something was off with the nurse afterwards, police said.

Nitzany asked the nurse to be his “watchdog” so he could leave the women’s bathroom. Their text messages were included in the police report.

Nitzany then pestered the nurse for months at work not to report the assault, fearing that he would lose his job and ruin his marriage, police said.

The nurse initially agreed not to report Nitzany but said her emotional state began to fall apart in June because the alleged assault was affecting her marriage. She told her husband what happened, and he encouraged her to go to HR, the suit said.

HR representative Lauren Isonio allegedly told the nurse on Oct. 16 that HR wouldn’t pursue an investigation because the incident happened outside of work, and Nitzany hadn’t stalked her since September.

The nurse “felt helpless and battled suicidal thoughts” and on Oct. 18 was placed on a 5150 hold, which happens when a person is at risk of harming themselves, the suit said.

Officers arrested Nitzany the same day, police said. He is no longer in custody and hasn’t appeared in court, court records show.

“We are aware of the complaint and take these allegations with the utmost seriousness,” hospital spokesman Ross Coyle said in an email. “While we cannot comment on pending litigation, our organization does not tolerate harassment or misconduct. We are reviewing the matter and remain committed to maintaining a safe and respectful environment for all employees.”

6 Comments

  1. It’s she said, he said — unless there’s physical evidence that supports her story. Since she waited to go to police, there’s probably nothing that corroborates her story. But, as is common in cases like this, if she called the perp and got him to confirm the story in a recorded conversation, then she might win. If she can prove she was sexually assaulted, then she has a chance of collecting from El Camino. Her argument that the hospital’s HR department should be involved in an off-site incident is sound and supported by case law.

  2. This was consensual, I know the supposed perpetrator- the only reason she’s going after him is she doesn’t want to ruin her marriage and be accused of adultery and she wants money from him. She doesn’t want her husband to know she had an affair. That is all. Consensual adultery is not a crime in the legal context.

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