Trial over dentist’s dismissal underway
UT Health San Antonio School of Dentistry officials schemed to drive Dr. Francesco “Franco” Sebastiani out of a specialized dental program, his lawyer told a federal jury during the first day of a trial in the doctor’s lawsuit over his dismissal in 2020.
Sebastiani’s superiors took action against him after learning of sexual harassment and gender discrimination complaints he’d made while a resident at a New York hospital, attorney Ricardo Cedillo said in his opening statements.
“This was a systemic, designed program to make (his) life absolutely miserable, to torpedo his teaching experience, his learning efforts, to run him out of the program,” Cedillo said. “And they did it by violating every rule that they’re supposed to follow, and by violating good taste and common decency.”
After his dismissal from the
oral and maxillofacial surgery program, Sebastiani sued the University of Texas Health Science Center at San Antonio (now UT Health San Antonio) and University Health for sex and disability discrimination.
Sebastiani is seeking more than $2 million in damages, Cedillo told the eight jurors.
In his opening statement Tuesday, Evan Weltge, an assistant state attorney general representing UT Health, said Sebastiani’s dismissal was related to his performance.
UT Health’s Advanced Education Committee considered complaints that Sebastiani was “unreliable and untrustworthy” before deciding to dismiss him from the program, Weltge said.
Dr. Daniel Perez, the program’s director who is expected to testify during the trial, detailed significant performance deficiencies and breaches of trust by Sebastiani during his first year in the program, Weltge said.
“In fact, Dr. Perez will tell you Dr. Sebastiani disobeyed direct and repeated warnings to stop performing dental implant surgeries,” Weltge said. “He will also tell you that Dr. Sebastiani failed to answer calls while he was on call. That he failed to see patients on time. That he lied about it to Dr. Perez, and then admitted lying about it.”
University Health has said it had no involvement in Sebastiani’s termination from the program.
New York allegations
Sebastiani, 35, had been in a residency program at Brooklyn Hospital Center, where he began an anesthesia rotation under the supervision of anesthesiologist Dr. Pik Lee, 48.
The two became involved romantically before he says he ended their relationship in December 2016. He alleges Lee began sending him “harassing” text messages to “coerce” him into resuming their relationship.
“If you don’t want to be with me I’m going to come over and kill you,” she wrote, he says in court papers.
Sebastiani says he complained to the head of hospital’s residency program about the alleged harassment but no action was taken. He has a pending lawsuit against the New York hospital for sexual harassment and gender discrimination, a hostile work environment and retaliation.
He left New York looking for a fresh start and entered UT Health’s specialized dental program in 2018.
But the troubles in New York followed him to San Antonio, where Sebastiani’s superiors learned about what had happened, Cedillo said.
“These people got just one side of the story,” Cedillo told jurors. “They never asked for the other side of the story. And they got the one side of the story from Pik Lee’s lawyers, and they use all of that as ammunition to justify his dismissal. Unfortunately, that sordid history is going to be part of what we cover with you in evidence here.”
Dr. Nicole Hernandez, a chief resident in the San Antonio program and a friend of Lee’s, told their colleagues that Sebastiani must be gay for turning down Lee’s offers to have sex with him, Cedillo said.
Sebastiani has accused Hernandez of coining the nickname “Keep it tight Franco,” allegedly in reference to his lawsuit in New York. He also alleges that she texted him an image of a sex toy “to violate Plaintiff with.”
Cedillo said evidence will be presented showing the “undignified conduct” that went on within the program.
“It’s going to disgust you and it’s going to shock you,” he told jurors.
Weltge, UT Health’s lawyer, fired back.
“Dr. Sebastiani’s attorneys will drown you in talk of a farfetched conspiracy theory,” he said. “They will even show you raunchy text messages exchanged between … residents.”
Sebastiani also sent such texts, the lawyer said.
“Mr. Cedillo referred to them as disgusting and offensive,” Weltge added. “Wait till you see what Dr. Sebastiani sent.”
During his opening statement, Weltge told jurors that a dental school has a foremost duty to “protect the public from an unreliable and untrustworthy resident” from becoming a certified oral and maxillofacial surgeon.
Reinstatement?
In a court filing late Tuesday, Sebastiani’s lawyers said Weltge’s comment “opened the door” for them to tell jurors that UT Health had made statements in mediation discussions before the trial began that it was “strongly considering” reinstating Sebastiani.
Sebastiani’s lawyer say that proves UT Health’s motive and establishes it had knowledge that Sebastiani was “in fact qualified and fit to serve the general public” as an oral and maxillofacial surgeon.
U.S. District Judge Orlando Garcia has not ruled on the request.
During testimony Wednesday, Cedillo asked Sebastiani if he’s been able to land consistent employment as a dentist since his dismissal from the UT Health program.
“The dismissal is a black mark, a black cloud,” the dentist answered. “It’s just very difficult after you’re dismissed from a school.”
Sebastiani added he’s even explored a career coaching basketball, ideally at the collegiate level. He had testified earlier that he attended undergraduate college on a basketball scholarship.
“Anybody knocking down your door to get you in as a college coach somewhere?” Cedillo asked.
“No,” Sebastiani answered. “I’m trying.”
The trial is expected to take about a week and a half.