The Beverly Hills Unified School District (BHUSD) is defending against a lawsuit filed by a former tennis coach alleging that the school’s athletic director engaged in sexual harassment, discrimination, retaliation and wrongful termination. It is one of several claims currently underway against the district.
On Nov. 1, 2024, Robbin Cafagna, who served as an assistant and head coach of middle and high school tennis between June 2021 and June 2023, filed suit in Los Angeles Superior Court alleging that Tim Ellis, the district’s executive director of athletics, subjected her to ongoing harassment and retaliation.
The suit alleges that officials at BHUSD, including Dr. Matt Horvath, the assistant superintendent of personnel services, did not act when Cafagna alerted them to Ellis’ behavior.
“Not only was [Cafagna] subjected to unlawful sexual harassment that was out in the open and people knew about, but at the time when she gathered the courage and indicated that she would be reporting it, that’s when she was unlawfully terminated,” Claire-Lise Kutlay, an attorney representing Cafagna told the Courier.
According to Cafagna’s lawsuit, the harassment began nearly as soon as she was hired. The complaint alleges that the first time Cafagna and Ellis met, he engaged her in an “uncomfortable hug,” then began showing up regularly to her practices.
Soon, the complaint alleges, he began making inappropriate remarks such as “You look sexy today” and peppering her with graphic sexual questions and comments. The complaint goes on to allege that Ellis called Cafagna while he was drunk and “insinuated through innuendo that he wanted to have a sexual affair with her.” This behavior continued, with Ellis calling Cafagna several more times while intoxicated and repeatedly implying she should come to his home to have sex.
The complaint also alleges that Ellis revealed to Cafagna his affinity for wearing women’s underwear for sexual pleasure and that he frequently groped her under the guise of giving her hugs.
Cafagna claims that she did her best to rebuff Ellis’ advances, and in return, Ellis “began depriving her of basic equipment, funding and access to courts where her students could play.”
Once Cafagna informed Ellis that she would have no choice but to report his behavior, the suit alleges that he fired her on the spot.
Lawyers for Ellis and BHUSD declined to comment to the Courier for this article. A spokesperson for BHUSD said she could not comment at this time because the case involves a personnel matter.
BHUSD and Ellis denied all of Cafagna’s allegations in their answer to the complaint. They additionally raised the defense that Cafagna failed to take steps to mitigate damages, that she failed to submit an administrative claim in a timely manner, and that she “consented to [Ellis’] conduct.”
“I found it quite troubling that they included the affirmative defense of consent,” Kutlay told the Courier. “We look forward to showing that there was no consent whatsoever to any of Mr. Ellis’ unwanted sexual conduct.”
Cafagna’s lawsuit is one of several claims currently filed against BHUSD. Both Horvath and Ellis are named in other claims.
On Dec. 9, 2024, Bella Ivory, a teacher at Beverly Hills High School, along with another unnamed teacher, filed an administrative claim alleging they have both “been subjected to discrimination, harassment and retaliation in the form of racial comments, including being called the N-word.”
That claim names Ellis, stating, “Athletic Director Tim Ellis often used the N-word at the school and in front of teachers/coaches.” The claim is a precursor to a lawsuit.
On Dec. 4, 2024, former BHHS teacher Joanie Garratt filed an administrative claim against BHUSD for wrongful termination and violation of her First Amendment
rights, alleging she was fired over a personal Facebook post. Garratt’s claim names Horvath as the person who informed Garratt of her termination, during which he allegedly said, “We don’t want you back here.”
The next scheduled hearing in Cafagna’s lawsuit is in May, at which point Kutlay says they plan to ask for the earliest available trial date.
“We believe that the evidence is going to show that the district, through its various agencies, including Dr. Horvath, just completely failed to protect not only [Cafagna], but likely other people from discrimination and harassment,” says Kutlay. “My client is very motivated to have her day in court and to get the justice that she deserves.”
