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Photo of El Camino Hospital's exterior signage on a sunny day
El Camino Hospital on July 26, 2016. File photo by Michelle Le.

The Santa Clara County District Attorney’s Office has dropped all charges against a former El Camino Hospital manager whom a coworker accused of sexual battery in 2025. 

The charges were dismissed in a Sept. 1 hearing, according to court documents. The nurse filed their original complaint in April 2025, alleging the coworker had sexually assaulted them in the bathroom at a work-related retirement party and that the hospital declined to investigate the situation. The coworker and El Camino Hospital both denied the nurse’s allegations in court filings, and the coworker filed a cross-complaint against her for defamation in June 2025.

The nurse alleged in the original lawsuit that the coworker, Evyatar Nitzany, followed them into the bathroom and assaulted them by pressing them against a wall and pressing his lips against theirs. They alleged that Nitzany stalked them for months after the incident, resulting in them being placed on a mental health hold.

In the same lawsuit, the nurse alleged that they reported the assault to El Camino Hospital’s Human Resources department and that the department declined to pursue an investigation because the assault happened “outside of work.”

The District Attorney’s Office declined to pursue the charges due to an insufficiency of evidence, according to a spokesperson. Lawyers representing the nurse, Nitzany and El Camino Hospital declined to comment. 

“Out of respect for the legal process and the people involved, we’re not going to discuss the specifics of this case,” El Camino Health, the nonprofit that operates El Camino Hospital, said in a statement.  “El Camino Health does not tolerate harassment or misconduct, and remains committed to maintaining a safe and respectful environment for all employees.”

In Nitzany’s cross-complaint, he alleged that the bathroom encounter had been consensual and that the nurse had flirted with him in the past. He also alleged that the nurse asked him in the past if he was “okay with open marriages,” disclosed that they had been having marital problems and were considering divorcing their husband.

The cross-complaint alleges that the nurse was “clearly enjoying the kisses between them” and whispered that they had “the biggest crush on him” while they were in the bathroom. 

The nurse denied the cross-complaint in a July 2025 court filing. 

While the District Attorney’s Office has dropped the criminal charges against Nitzany, the nurse’s lawsuit against him and El Camino Hospital is still active. The nurse and El Camino Hospital have a mediation hearing scheduled for January 8, 2027.

B. Sakura Cannestra is a general assignment reporter for Embarcadero Media Foundation’s four Peninsula outlets: Redwood City Pulse, The Almanac, Palo Alto Weekly and Mountain View Voice. She has a...

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