A Santa Clara County judge dismissed the criminal case against Evyatar Nitzany at a Sept. 1 hearing, according to court documents and the Mountain View Voice. A spokesperson for the District Attorney’s Office told the Voice that prosecutors would not continue because they determined the evidence was insufficient.
Nitzany, who resigned in January 2025 as El Camino Health’s electrophysiology program manager, had been accused of assaulting a nurse during a March 1, 2024 retirement gathering associated with the Mountain View hospital. The nurse alleged that Nitzany followed her into a bathroom at Morton’s The Steakhouse in San Jose and kissed her without consent, according to the Palo Alto Daily Post and the Voice.
The parties give different accounts
Nitzany has denied the allegations in court filings and described the encounter as consensual. The nurse disputed that account in a July 2025 filing, according to the Voice. Nitzany also filed a defamation cross-complaint against her in June 2025, which she has denied.
The criminal prosecution began in May 2025 with three misdemeanor counts, according to the Daily Post. The dismissal ends that criminal case but does not resolve the factual disputes in the separate civil litigation.
Civil claims remain pending
In her civil complaint, the nurse alleges that she reported the incident to El Camino Hospital’s human resources department in September 2024 and that the department declined to investigate because the event occurred away from the workplace. The Daily Post and the Voice reported those allegations. El Camino Health has denied the claims in court filings.
What California’s workplace-violence rules cover
According to California Division of Occupational Safety and Health, an incident involving an employee who is not working and is not on hospital or health-care-facility premises generally is not required to be recorded or reported under the agency’s health-care workplace-violence standard. That rule does not resolve whether a particular off-site event was work-related or determine the parties’ claims in this case.
The nurse filed the civil case against Nitzany and El Camino Hospital in April 2025. It remains active, with a mediation hearing scheduled for Jan. 8, 2027, involving the nurse and the hospital, according to the Voice. Attorneys for the parties declined to comment, the newspaper reported.
