Los Angeles Times

UCLA SETTLED WITH 2 WOMEN

The payouts, related to a former campus gynecologi­st, total more than $3 million.

- By Jaclyn Cosgrove, Teresa Watanabe and Richard Winton

A patient who alleged she was sexually assaulted by a UCLA Health gynecologi­st was awarded $2.25 million in a settlement finalized last month with the University of California regents, according to university records released Monday.

The patient’s accusation stemmed from a February 2018 appointmen­t with Dr. James M. Heaps. Heaps was charged in early June with sexual battery and exploitati­on in connection with his treatment of two patients — including the woman whose claim was settled last month.

Heaps has pleaded not guilty, and his attorney has said he will continue to fight the charges.

UCLA released a redacted copy of the settlement in response to a public records request filed by The Times. The university released additional documents, including a copy of a settlement in March of almost $1.3 million with a

UCLA nurse practition­er who alleged sexual harassment by Heaps and claimed he retaliated against her for participat­ing in the UCLA investigat­ions of him.

The criminal investigat­ion of Heaps was prompted by a complaint made by a patient in December 2017, according to court records. UCLA did not restrict Heaps while investigat­ing the woman’s complaint, even though university officials discovered two other complaints about Heaps during the investigat­ion.

It was while the university’s inquiry was ongoing that the patient in last month’s settlement was treated by him. Her name was redacted from the records released by UCLA.

Heaps’ attorney, Tracy Green, previously told The Times the patient was a 48year-old mother of three who accused the doctor of improperly putting his fingers in her vagina. Green said her client was a “respected, talented and thorough gynecologi­cal oncologist” whose treatment was always medically necessary and done with respect for patients.

On Monday, Green said Heaps was adamant that UCLA not settle with the patient because he didn’t do anything wrong and felt settling would imply otherwise. He refused to contribute any money to the settlement, she said.

UCLA “genuinely said, ‘Oh no, this will keep things confidenti­al — we don’t want it to blow up like what happened to USC,’ ” Green said, referencin­g Dr. George Tyndall, a USC campus gynecologi­st accused of sexually abusing hundreds of students during nearly three decades at a campus clinic.

Green said UCLA’s investigat­ion into Heaps was “sloppy and careless” in that the university didn’t pull medical charts or conduct in-depth interviews with staff and patients. The staff members who were interviewe­d maintained they never witnessed Heaps do anything sexual with a patient, Green said.

“He knows he didn’t do anything for sexual gratificat­ion,” Green said.

Green said the allegation that Heaps retaliated against the nurse practition­er stemmed from his sending her a text message asking if she was OK after realizing that she was no longer working at UCLA Health. University officials told him this violated the university’s no-contact policy during a Title IX investigat­ion. When interviewe­d by UCLA, the nurse practition­er said she never witnessed any sexual misconduct between Heaps and his patients, Green said.

The nurse practition­er could not be reached for comment.

Heaps retired in June 2018. The university didn’t make any public reference to patient allegation­s against him until last month when UCLA sent an email to its campus community following Heaps’ arrest.

UCLA officials have apologized for their handling of the case and said they could have done a better job communicat­ing with patients.

Heaps was a high-profile, highly paid gynecologi­st who worked part-time at the UCLA student health center from about 1983 to 2010. He was hired by UCLA Health in 2014 and held medical staff privileges at the Ronald Reagan UCLA Medical Center from 1988 to 2018.

More than 50 women have stepped forward alleging that Heaps sexually abused them while he was practicing at UCLA, according to attorneys representi­ng former patients.

As part of the June settlement, the patient will meet separately with UCLA Health President Johnese Spisso and the regent who chairs the health services committee. In those meetings, the patient will share what happened to her and make recommenda­tions for how the university should handle patient complaints in the future.

“UCLA made the decision to pay this settlement,” the woman’s attorneys, Darren Kavinoky and Jennifer McGrath, said in a statement. “That decision speaks volumes. We doubt it will be the last.”

 ?? Al Seib Los Angeles Times ?? DR. JAMES HEAPS, a former UCLA gynecologi­st, with wife Deborah Heaps, left, and attorney Tracy Green after a court hearing. The doctor has pleaded not guilty to charges of sexual battery and exploitati­on.
Al Seib Los Angeles Times DR. JAMES HEAPS, a former UCLA gynecologi­st, with wife Deborah Heaps, left, and attorney Tracy Green after a court hearing. The doctor has pleaded not guilty to charges of sexual battery and exploitati­on.

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