Who’s a Slacker in Policing Sexual Misconduct in Federal Agencies? Take a Guess

Posted: 1:26 am ET
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WaPo just did a piece on sexual misconduct in federal agencies, or the lack of consistent disciplinary practices across agencies based on the staff report by the House Oversight Government Report Committee (report embedded below).

Here’s a public request from WaPo’s Joe Davidson who writes the Federal Insider column:

Questions for Federal Insider readers: How pervasive is sexual harassment in the federal government? If you have been the target of sexual harassment, please tell us the circumstances, what form the harassment took, whether it was reported, what was done about it and whether the perpetrator was disciplined. We will use this information for a future column. In certain cases we can print your comments without identification. Please send your comments to joe.davidson@washpost.com with “sexual misconduct” in the subject line.

Here is an excerpt from the OGRC, a case study that is distinctly familiar:

The hearing examined patterns of sexual harassment and misconduct at the USDA, as well as the fear many employees had of retaliation for reporting these types of cases. It also addressed the agency’s response to harassment incidents and its efforts to improve.66

At the hearing, two women testified publicly about the harassment they personally experienced while on the job at the Forest Service and how the agency’s subsequent investigation and discipline failed to address those responsible. Witness Denice Rice testified about her experiences dealing with sexual harassment on the job when her division chief was allowed to retire before facing discipline, despite his history of misconduct.67 Further, the Forest Service re-hired this individual as a contractor and invited him to give a motivational speech to employees.68 In addition, witness Lesa Donnelly testified about her and others’ experiences with sexual misconduct at the Forest Service. Her testimony spoke about those who were too afraid to report harassment because they feared retaliation from the perpetrators.69

The report cites USAID and the State Department for having Tables of Penalties but although it cites USAID for having “differing Tables of Penalties for foreign service employees and other civilian employees primarily covered by Title 5, United States Code”, it says that the State Department’s Table is “used for foreign service employees only”.

The Foreign Affairs Manual actually spells out penalties for both Foreign Service and Civil Service employees.

3 FAM 4370 LIST OF OFFENSES SUBJECT TO DISCIPLINARY ACTION – FOREIGN SERVICE

24. Use of U.S. Government equipment for prohibited activities, including gambling, advertising for personal gain, or viewing, downloading, storing, transmitting, or copying materials that are sexually explicit, while on or off duty or on or off U.S. Government premises

50. Violation of laws, regulations, or policies relative to trafficking in persons and the procurement of commercial sex, any attempt to procure commercial sex, or the appearance of procuring commercial sex

51.  Sexual Assault (3 FAM 1700)

3 FAM 4540 LIST OF OFFENSES SUBJECT TO DISCIPLINARY ACTION – CIVIL SERVICE

24. Use of U.S. Government equipment for prohibited activities, including gambling, advertising for personal gain, or viewing, downloading, storing, or transmitting, or copying materials that are sexually explicit, while on duty.

48. Violation of laws, regulations, or policies relative to trafficking in persons and the procurement of commercial sex, any attempt to procure commercial sex, or the appearance of procuring of commercial sex

49. Sexual Assault (3 FAM 1700)

You will note by now that sexual harassment is not on these Tables of Penalties.  Both regs cited above have a section that says its Table of Penalties is not an all-inclusive list. The State Department says “It is impossible to list every possible punishable offense, and no attempt has been made to do this:” But it includes this:

#a. Employees are on notice that any violation of Department regulations could be deemed misconduct regardless of whether listed in 3 FAM 4540.  This table of penalties lists the most common types of employee misconduct.  Some offenses have been included mainly as a reminder that particular behavior is to be avoided, and in the case of certain type of offenses, like sexual assault, workplace violence, and discriminatory and sexual harassment, to understand the Department’s no-tolerance policy.

#b. All employees are on notice that misconduct toward, or exploitation of, those who are particularly vulnerable to the employee’s authority and control, e.g., subordinates, are considered to be particularly egregious and will not be tolerated.

The State Department’s sexual harassment policy is here.  Also see  3 FAM 1520  NON-DISCRIMINATION ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, SEX, OR RELIGION updated last in December 2010.

For blogposts on sexual harassment click here; for sexual assaults, click here.

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