A Woman Reported to Diplomatic Security That She Was Raped and Stalked by a DS Agent, So What Happened?

Posted: 2:26 am ET
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We recently received information from an individual who asserted that she was raped and stalked by a supervisory Diplomatic Security agent assigned to one of Diplomatic Security’s eight field locations in the United States.  She said that was interviewed by Diplomatic Security’s  Office of Special Investigations (DS/DO/OSI) in November 2014. She also said that she provided a Victim Impact Statement to DS/OSI in December 2015. The investigation reportedly concluded in February 2016 with no disciplinary action. She informed us that during one telephonic conversations with a Supervisory Special Agent, she felt pressured to say that “I was pleased with the DoS handling of this case.” She presumed that the call was recorded and refused to say it.  She cited another case that was reported around the same time her case was investigated in 2014.  She believed that there were multiple police reports for the employee involving different women for similar complaints.

We’ve asked the Bureau of Diplomatic Security for comments about this case, and whether this was reported to the Office of Inspector General. To-date, we have not received an acknowledgment to our inquiry nor a response to our questions despite ample time to do so.

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On the subject of sexual assaults, on July 27, 2017, the State Department issued a new Foreign Affairs Manual subchapter 3 FAM 1750 on sexual assaults involving personnel and facilities in the United States. (For sexual assault involving chief-of-mission personnel and facilities outside of the United States see 3 FAM 1710).

3 FAM 1750:  “… The Department of State is determined to do all it can to prevent sexual assault from being committed by, or against, its personnel and it is committed to effectively and sensitively responding to personnel who have been sexually assaulted, ensuring that they are treated with care and respect.  The policies and procedures in this section define the Department’s goals of effectively preventing and addressing sexual assaults; the actions it will take in response to allegations of sexual assault; and the approach it will use in holding those Department personnel who commit sexual assault accountable for their actions.  The language used in this FAM, by necessity, must be technical, comport with and relate to relevant laws, and be administratively sound.  That said, the legal terminology, including the term “victim,” contained herein should not eclipse the compassion and urgency that underlie the Department’s commitment to this issue.”

The new regs notes that “sexual assaults that occur within the United States generally fall under the jurisdiction of the State or locality where the assault occurred.  Personnel who are victims of sexual assault are not under any obligation to report the assault to the Department.”

This new policy applies to:

(1)  All Department employees in the United States;

(2)  Persons under personal-services contracts (PSCs) or personal-services agreements (PSAs) in the United States;

(3)  Other individuals, such as third-party contractors, student volunteers (interns) and nonemployee fellows, and other personnel (e.g., subcontractors) in the United States who provide services to the State Department when the allegation involves conduct that occurs on duty, or is associated with the individual’s position within the Department; and

(4)  Any sexual assault that occurs at any Department facility within the United States.

The victims described above may also reach out to:

(a)  Diplomatic Security’s Office of Special Investigations (DS/DO/OSI) via telephone at 571-345-3146 or via email at DS-OSIDutyAgent@state.gov.  The DS/DO/OSI duty agents are available 24 hours a day, 7 days a week;

(b)  Employee Consultation Services (ECS) by email:  MEDECS@state.gov or by telephone at 703-812-2257; and

(c)  A sexual-assault crisis center.

The regs says that “personnel who are victims of sexual assault are not/not under any obligation to report the assault to the Department.”  The Department, however, “strongly encourages” anyone who knows or suspects or is aware of a sexual assault covered by 3 FAM 1750 to immediately report allegations of sexual assault to:

(1)  DS/DO/OSI via email DS-OSIDutyAgent@state.gov or via phone through the DS Command Center at 571-345-3146; or

(2)  S/OCR or via phone at 202-647-9295 (WHY?)

(3)  MED personnel will not share protected health information except in accordance with the Notice of Privacy Practices or with the written consent of the patient.  Individuals may obtain a copy of the MED Notice of Privacy Practices from the health unit or MED intranet page.

(4) Except as required by law, non-MED personnel will only disclose information about sexual assaults to other Department officers and employees on a need-to-know basis, including to the Office of Inspector General (OIG) in accordance with 22 U.S.C. 3929, and to other Federal and local agencies, in accordance with the Privacy Act.

3 FAM 1750 says that Department personnel detailed to another agency may reach out to the Washington, DC-based Bureau of Medical Services (MED) duty officer at 202-262-9013 or through the Operations Center at 202-647-1512 for medical guidance, and to DS/DO/OSI for law enforcement guidance.

A few thoughts on this:

#1.  We understand the caveats on information sharing with medical, and non-medical personnel included in this subchapter  but we don’t think this is enough to assuage the privacy concerns of victims.

#2. DOD has restricted (confidential) and unrestricted reporting for victims. That means the adult sexual assault victim can access healthcare, advocacy services, and legal services without triggering notification to command or law enforcement (restricted). Under Unrestricted Reporting, both the command and law enforcement are notified. Even then, fewer than 1 in 5 victims openly reported their sexual assault. 3,678 service members reported the incident to law enforcement, out of a total 20,000 survivors.

#3. S/OCR handles equal employment opportunity issues including sexual harassment, why should sexual assault victims report sexual assault or sexual assault allegations there? 3 FAM 1711.2 defines sexual assault as any type of sexual contact that occurs without the explicit consent of the recipient.It also says that sexual assault is a form of sexual harassment. Sexual assault is a crime, it cannot be resolved through mediation, grievance, or the EEO processes. Also does anyone know how many people at S/OCR are trained to actually handle sexual assault cases?

The U.S. Marines publication make the distinction between sexual harassment and sexual assault here (PDF). It defines sexual harassment as a form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature. It defines sexual assault as intentional sexual contact, characterized by use of force, threats, intimidation, abuse of authority or when a victim cannot or does not consent.  And this one is important, “A current or previous dating relationship by itself or the manner of dress of the person involved with the accused in the sexual conduct at issue shall not constitute consent.”  

The U.S. Coast Guard says that the real distinction between sexual harassment and sexual assault is sexual harassment’s connection to the victim’s employment and/or work performance, which is why sexual harassment is a civil rights issue. It points out that sexual assault is a crime against another person. However, unlike sexual harassment, it has nothing to do with their employment and/or work performance, it is a criminal assault, of a sexual nature, against another person.

The State Department guidance does not/not make such distinctions.

#4.  States all address the crime of sexual assault, with some adding specific categories of victims, defenses, and penalties. See more here: http://statelaws.findlaw.com/criminal-laws/sexual-assault.html.

RAINN also has a search tool for independent sexual assault service providers, including National Sexual Assault Hotline affiliate organizations and other local providers here.

 

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Inbox: Female Contractor at DS Training Center Fired 3 Hours After Filing Harassment Complaint

Posted: 3:19 am ET
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In response to our June 20 post Diplomatic Security’s Basic Special Agent (BSAC) Training: Sexual Harassment Alert!, we received the following:

To add:

There are only two female DS Agents assigned to the DS Training Center.

There is currently an EEO suit being brought by a contract female instructor who was fired from the DS Training Center three hours after she submitted a harassment complaint. In the complaint, a male PSC co-worker frequently harassed the female instructor, and, given the timing of the termination, this is an egregious violation of whistleblower/EEO diversity/harassment free workplace regulations and policies. The male PSC employee is still employed and complaints about his dealings with female students and employees persist.

 

via reactiongifs.com’

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Inbox: A belief that there’s no place for a female in Diplomatic Security agent ranks especially at HTPs?

Posted: 3:24 am ET
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We recently posted a report out of Diplomatic Security’s BSAC training (see Diplomatic Security’s Basic Special Agent (BSAC) Training: Sexual Harassment Alert!, We received the following comment in our mailbox that we think many will find just as troubling:

“In response to the DS BSAC Sexual Harassment allegations, the  ‘militarization’ of DS post-Benghazi, such as with high threat training requirements (duplicated from U.S. military training), has made many mid and senior-level male agents believe that there is no place for a female in DS agent ranks, especially at high threat posts. These same male agents are the future DS leadership unfortunately. The vast majority of DSS male agents are professional and respectful in the workplace however the chauvinistic attitude is prevalent, and is actually coming from the attitude from the mid and senior level guys (01s to OCs) who are managers and not DS leadership.  DS leadership is responsible to stop it, and that can only be done by setting the offenders publicly accountable and placing professional agents in senior leadership positions.”

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A Global Force: Agent Profile brochure says that “For women who choose Diplomatic Security as a career, there are no limits to how far you can go.”  Also that “Diversity is one of the greatest strengths of Diplomatic Security.”  

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Diplomatic Security’s Basic Special Agent (BSAC) Training: Sexual Harassment Alert!

Posted: 2:21 pm PT
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In August 2016, the Bureau of Diplomatic Security’s Principal Deputy Assistant Secretary for Diplomatic Security and Director of the Diplomatic Security Service (DSS) Bill Miller sent a message on sexual harassment to bureau employees.  We published the entire message here, Below is an excerpt of that 2016 statement:

Diplomatic Security takes sexual harassment extremely seriously – not only as an issue in the State Department, but also especially within our Bureau. 

In our response to questions from Diplopundit on this issue July 27, we noted that we find unacceptable any behavior that threatens people’s well-being in the workplace, or in any way diminishes someone’s professional capacity. 

Sexual harassment is an attack on the values this organization seeks to protect every day.  It compromises our charge to protect the workplace rights and ensure a safe environment for all Department employees.
[…]
As a law enforcement organization, we must hold ourselves to the highest standards of ethical conduct. As the leader of this organization, I hold every employee accountable to that standard and will not accept any less of them.

Sexual harassment and sexual assault are serious issues that affect both men and women. We condemn any comment that seeks to trivialize these activities or their impact on victims. 

Diplomatic Security personnel are made aware of their responsibilities as law enforcement officers and federal employees from the beginning of their employment with the Department.  DS employees receive recurring training on equal employment opportunity guidelines, prohibiting discriminatory practices, harassment in all its forms, and promotion of diversity and inclusiveness throughout their career. 

During the Basic Special Agent Course, Basic Regional Security Officer (RSO) and RSO advanced courses, individuals from the DS Victim’s Resource Advocacy Program provide classes on responding to sexual assault.

I am disappointed and disturbed to hear that anyone in our organization would be concerned about being stigmatized for coming forward to report sexual harassment or sexual assault.  It is unacceptable that we have employees of any gender who may not feel comfortable reporting such activities.

This week, we received an email from a new Diplomatic Security Service (DSS) agent detailing sexual language that female student-agents had to endure during Diplomatic Security’s Basic Special Agent Course (BSAC) training. The writer expressed concern over the “worrisome behavior by senior agents conducting the training” and the apparent tolerance by others witnessing such behavior.  The writer also wrote: “One senior female agent advised me that upon receipt of this complaint, DSS Management’s first response will likely be to try to figure out who the “complainer” is . . rather than dealing with the senior agents responsible for damaging the department’s reputation.”  Our corespondent suggests that if investigators outside of Diplomatic Security want to look into this, all they need to do is talk to the female agents in BSAC’s 137, 136, and 135.

The report below is what we can share publicly.  This writer like our other correspondents in the past, is also wary of retaliation.  We’ve referred to Special Agent #1 as SA#1 although we can certainly imagine a more colorful name. Special Agent #2 is also referred below as SA#2.

ALERT! ALERT! ALEEEEERT!

Received via email from a DSS Special Agent

-START-

Here is what I witnessed:

1) During protective training, I was assigned to a follow car that was “coached” by [Special Agent #1]. During our time with [SA#1], myself and the other females in the group had to listen to [SA#1] describe in detail how during his time in Baghdad he shaved his “balls” and had problems with them “sticking.” [SA#1] then felt it appropriate to detail a trip to his doctor where he had a consultation about erectile medication. [SA#1] also made repeated derogatory comments about his wife. My memory is a little fuzzy on those comments, but they were along the line of, “the old ball and chain, etc.”

I should mention that one of the female agents present is only 22 years old. So this young agent, in her first real job out of college had to sit (literally right next to [SA#1] in the back seat / physically touching him) and listen to [SA#1] , her supervisor, go on and on about his sticky balls in Baghdad and his erectile disfunction . . .i.e. he was discussing his penis.

2) The protection portion of the training was run by unit chief [Special Agent #2]. I personally was “creeped” out by [SA#2] during the entire training as he would try to flirt with the female students in a very unprofessional manner. [SA#2] really crossed the line, however, when for some reason he decided to ask one of the female students (now an agent) for their phone and proceeded to look through it. [SA#2] found the phone number or a text message in the female student-agent’s phone for one of the male contractors working on our final exercise, and texted “I miss you” to the contractor (from the female student/agent’s phone). The female student/agent was of course mortified as it appeared she was texting “I miss you” to the contractor. Is this appropriate behavior from a Unit Supervisor in the training division?!

[SA#2’s] inappropriate behavior continued when, during a re-test he decided to switch out a male student-agent from the position sitting next to him in the exercise to the above mentioned female student-agent. [SA#2] advised the entire BSAC that he was making the switch so he could have someone to “talk to.” He was supposed to be grading the re-test, but instead decided to use the time to creepily attempt to flirt with the female student-agent.

I am sure the above behavior by [SAs #1 and #2] has been repeated in multiple BSAC’s and I hope the department conducts a thorough investigation. Honestly, however, I am not so optimistic that things will change. I know Diplopundit has documented several such sexual harassment claims in the not so distant past, and yet, the above Supervisory SAs seemed to have no compunction in openly behaving this way in front of the 20 plus student-agents!

Where are the Director and the other senior members of DSS management?!! If they cannot protect/prevent a 21 year female agent from having to listen to Supervisory SAs like [SA#1 and SA#2] while she sits in training, how can DSS Senior Management be trusted to protect that same agent from harassment while she is serving in a high threat post in a 98% male RSO shop?!

The Director came to speak to our BSAC, and within 3 minutes of our “pep” talk he told us that if we had joined DSS to use it as a stepping stone we should “get the hell out.” That is a direct quote. One day on the job, and the Director comes in and says “get the hell out” in a pep talk. I would like to turn that around on the Director. If the senior leadership in DSS cannot prevent Supervisory Agents from “creeping out” all females in a BSAC class. Or prevent female student-agents from having to listen to Supervisory SA’s conducting BSAC training discuss their “shaved balls,” maybe it is time for the Director and others to “get the hell out” and leave the bureau in more capable hands?

-END-

The Eleventh Circuit’s decision in Henson v. City of Dundee, 682 F.2d 897, 902, 29 EPD ¶ 32,993 (11th Cir. 1982) notes the following:

Sexual harassment which creates a hostile or offensive environment for members of one sex is every bit the arbitrary barrier to sexual equality at the workplace that racial harassment is to racial equality. Surely, a requirement that a man or woman run a gauntlet of sexual abuse in return for the privilege of being allowed to work and made a living can be as demeaning and disconcerting as the harshest of racial epithets.

Female agents should not have to bear and tolerate this kind of language and offensive behavior for the privilege of being allowed to work at Diplomatic Security.

Why would anyone think this is appropriate, acceptable behavior?

And when this is done by individuals in supervisory ranks during training, how do you expect new employees to step up and report this to these same supervisors? The same supervisors, by the way, who can pass/fail employees during basic training. The same supervisors, by the way, who ought to be modeling the highest standards of ethical and professional conduct for agents-in-training.

While the EEOC policy guidance on sexual harassment notes that “sexual flirtation or innuendo, even vulgar language that is trivial or merely annoying, would probably not establish a hostile environment,” it also talks about the pervasiveness and pattern of behavior.

Putting aside our previous reports on harassment at Diplomatic Security for a moment — if we’re talking about three classes to start with here, what is that if not a pattern? And if this behavior was witnessed and tolerated by people and contractors who should know better, then Diplomatic Security has a systemic problem that no broadcast message from bureau officials can fix.

The Supreme Court said in Vinson that for sexual harassment to violate Title VII, it must be “sufficiently severe or pervasive ‘to alter the conditions of [the victim’s] employment and create an abusive working environment.'” 106 S. Ct. at 2406 (quoting Henson v. City of Dundee, 682 F.2d at 904. Since “hostile environment’ harassment takes a variety of forms, many factors may affect this determination, including: (1) whether the conduct was verbal or physical, or both; (2) how frequently it was repeated; (3) whether the conduct was hostile and patently offensive; (4) whether the alleged harasser was a co-worker or a supervisor; (5) whether the others joined in perpetrating the harassment; and (6) whether the harassment was directed at more than one individual.

In determining whether unwelcome sexual conduct rises to the level of a “hostile environment” in violation of Title VII, the central inquiry is whether the conduct “unreasonably interfer[es] with an individual’s work performance” or creates “an intimidating, hostile, or offensive working environment.” 29 C.F.R. § 1604.11(a)(3). Thus, sexual flirtation or innuendo, even vulgar language that is trivial or merely annoying, would probably not establish a hostile environment.

Preventive actions per EEOC‘S Guidelines encourage employers to: “take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under Title VII, and developing methods to sensitize all concerned.”

Also 29 C.F.R. § 1604.11(f): An effective preventive program should include an explicit policy against sexual harassment that is clearly and regularly communicated to employees and effectively implemented. The employer should affirmatively raise the subject with all supervisory and non- supervisory employees, express strong disapproval, and explain the sanctions for harassment. The employer should also have a procedure for resolving sexual harassment complaints. The procedure should be designed to “encourage victims of harassment to come forward” and should not require a victim to complain first to the offending supervisor. See Vinson, 106 S. Ct. at 2408. It should ensure confidentiality as much as possible and provide effective remedies, including protection of victims and witnesses against retaliation.

All well and good, but in the real world we have these: Chien v. Kerry: DS Agent Files Suit For Race/Sex Discrimination, Hostile Work Environment, and RetaliationInbox: Female Diplomatic Security Agent Pens a Note on Sexual Harassment and Career SuicideAnother Concerned DS Agent Pens Response to Diplomatic Security’s Broadcast Message on Sexual Harassment.

The State Department’s sexual harassment policy is memorialized here.

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Burn Bag: A DCM Gets Kicked Out For Sexual Harassment

Via Burn Bag:

The DCM at a large post was kicked out for sexual harassment.  This was a long time coming so big props to whoever caused powers that be to take the problem seriously.  But the bigger question remains – how does someone who has existed on a diet of inappropriate and abuse (sic) behavior for years get selected to lead this mission?  Shouldn’t a couple EEO complaints trigger some more expansive 360s?

srene

 

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@StateDept Task Force For New Sexual Assault FAM Guidance – An Update

Posted: 12:57 am ET
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We’ve written about nine blogposts on sexual assaults and/or lack of clear sexual assault reporting guidance in the Foreign Service since August this year (see links below).   On November 22, the State Department finally directed a task force to create a new section in the Foreign Affairs Manual for sexual assault (see U/S For Management Directs Task Force to Create New Sexual Assault FAM Guidance).

Mindful that there are 35 days to go before a new administration takes office, we requested an update on the task force convened by “M” to craft the sexual assault guidance in the FAM.

A State Department spox sent us the following:

“The Department is committed to the work the taskforce is doing to create a sexual assault section for the FAM, work that will continue past inauguration day. Currently, the Department has policies and procedures relating to sexual harassment and workplace violence. Employees and their family members can receive assistance and advice from MED, DS and S/OCR on these issues.

 The taskforce is initially focused on establishing FAM definitions and will then build out the program, communications and training. The group has met with Peace Corps and will soon meet with DOD to understand what each has done on this issue. Both of those agencies dedicated several years to building their programs.

The taskforce includes members from MED, HR/ER and HR/DGHR, M staff and M/PRI, DS/DO/OSI and DS front office, S/OCR, and L. The group has also heard from a number of diplomatic community members at post who were eager to contribute ideas and offer feedback throughout the process. The group welcomes this contribution and feedback.”

 

So 35 days to go but we already know that the new guidance will not be ready until after January 20. We are pleased to hear that the taskforce is consulting with both DOD and Peace Corps who each has its separate reporting mechanism.  We are certain that the bureaucracy will continue to grind despite the transition but we do not want this to fall through the cracks.  If you are a member of the Foreign Service who provided feedback to this taskforce, and if you are a member of the FS community who considers an assault on one as an assault on all, you’ve got to keep asking until this gets done.

The Department’s Anti-Harassment Program is managed by the S/OCR, an office that reports directly to the Secretary of State. It conducts inquiries into allegations of sexual and discriminatory harassment in the Department.  It is not the appropriate office to handle sexual assault crimes. To initiate the EEO complaint process, regulations require that employees contact S/OCR or an EEO counselor within 45 calendar days of the alleged discriminatory act in order to preserve the right to file a formal complaint of discrimination with S/OCR. Email: socr_direct@state.gov.

The Department’s policy on workplace violence is governed by 3 FAM 4150, last updated in April 2012.

workplacev

Under Employees’ Responsibilities, the FAM provides the following guidance:

In the event of an immediately threatening or violent situation, all Department of State employees should:

(1) If the incident takes place in the United States, call 911 when there is an injury or an immediate risk of injury in the workplace;

(2) Alert the appropriate law enforcement or security office at his or her location when there is risk to his or her safety or the safety of others, injury, or immediate risk of injury. In the Washington, DC area dial extension 7-9111 or the appropriate telephone number for the law enforcement or security office at his or her location;

(3) Immediately report threatening or violent behavior to supervisors after securing emergency medical assistance as needed;

(4) Move to a safe area away from the individual(s) making threats or exhibiting violent behavior. Do not confront the individual or individual(s); and

(5) Take all threats and acts of violence seriously.

A close reading of this section on workplace violence, makes one think that perhaps the drafters were thinking of an employee “going postal”. This certainly provides no guidance for victims of sexual assault.  “Take all threats and acts of violence seriously,” of course, doesn’t make sense when one contemplates about a colleague who is also a rapist. It’s important to note that approximately 3 out of 4 of sexual assaults are committed by someone known to the victim; that “friend” or “buddy” is not going to threaten you that he’s going to assault or rape you before he commits the crime.

The workplace violence section has more guidance on what to do with an employee exhibiting violent behavior than what to do with the victims. Immediate actions recommended include review of “whether an independent medical exam should be offered” to the violent employee. Short-term and long-term responses include administrative leave; counseling from supervisor or higher management official; appropriate disciplinary action, up to and including separation; curtailment; and/or medical evacuation. All focused on the perpetrator of workplace violence.

Yes, the Department has policies and procedures relating to sexual harassment and workplace violence; and you can see that they are sorely lacking when it comes to addressing sexual assaults.

 

Sexual Assault Related posts:

 

 

 

Another Concerned DS Agent Pens Response to Diplomatic Security’s Broadcast Message on Sexual Harassment

Posted: 3:42 am ET
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We received the following via email from “Another Concerned DS Agent” in response to our post: PDAS Miller Issues Sexual Harassment Message to Diplomatic Security Employees, What’s Missing?:

After DSS* Director Bill Miller felt the need on Friday afternoon to defend the agency in a DS Broadcast message against your post titled, “Inbox: Female Diplomatic Security Agent Pens a Note on Sexual Harassment and Career Suicide”, I decided I had seen enough when it came to empty lip service within the department, and specifically DS.

Director Miller’s DS Broadcast reiterated Department policy and stated “as a law enforcement organization, we are held to the highest standard of ethical conduct.” While I commend Director Miller for sending these words, this is not something that actually happens on a day-to-day basis within both State, and specifically DS. Director Miller either doesn’t know what happens within his own bureau or turns a blind eye – like much of DS leadership. The anonymous female agent hit the nail on the head – complaining leads to career suicide!

Last year I watched as a colleague of mine blew the whistle on a hostile work environment and a bullying supervisor. Numerous previous supervisors of the bully supervisor were aware of the bullying actions (which included screaming at subordinate employees and threatening them with written reprimands) and none of them did anything about it – they just passed the problem on to the next guy. And when the highest ranking person in the office refused to deal with my colleague’s issue, it was elevated to the Office Director. When the Office Director refused to deal with the issue, it was elevated to the DAS level. And what was the DAS’ resolution? Reassigning the whistleblower! What kind of message does that send to employees?

I commend the anonymous female agent’s courage for speaking up, as whistleblower retaliation — for any offense, sexual or otherwise — is a real problem within the Department. And so long as OSI** is the only recourse we have (since State OIG refuses to investigate employee misconduct) employees are left without protection.

 

*DSS stands for Diplomatic Security Service.  OSI** stands for the Diplomatic Security’s Office of Special Investigations, apparently also known sometimes as Professional Responsibility (PR) or the Special Investigation Division (SID).  Within Diplomatic Security, it is the  primary office that investigates employee misconduct. A separate source informed us there is a concern out there about conflicts of interest. OSI reports internally to the bureau which results in something like this: State Dept Security Officer Alleged Sexual Misconduct: Spans 10 Years, 7 Posts. OSI employees also rotate/bid/lobby for future assignments like the rest of the Foreign Service. For more on this, read State/OIG on Diplomatic Security’s Special Investigations Division – The Missing Firewall.

As to the OIG — the OIG’s latest semi-annual report to the Congress indicates that 9% of the cases it closed between 10/1/2015–3/31/2016 were categorized as employee misconduct. So we know that State/OIG investigates employee misconduct. However, an overwhelming majority of cases it closed are related to contract and procurement fraud which constitutes 50% of the cases.  We don’t know what happens if somebody brings in an allegation of sexual harassment to the Inspector General, so we asked.

If somebody from DS complains to OIG about sexual harassment, what is the OIG’s response? Does it hand off the case to the Office of Civil Rights (OCR) or back to Diplomatic Security (DS), or to the Director General/Human Resources (DGHR)?
We also wanted to know if there’s an instance when OIG would take on a sexual harassment complaint for further investigation? And if not, would it make a difference if there are multiple allegations?

 

Here is the OIG’s full response to our questions:

 

The OIG takes allegations of sexual harassment very seriously. As a general matter, OIG refers allegations of sexual harassment, equal employment opportunity, and/or potential hostile work environment to the Department’s Office of Civil Rights (S/OCR), consistent with the FAM. However if such matters appear systemic, then OIG may investigate. Indeed, in its report “Review of Selected Internal Investigations Conducted by the Bureau of Diplomatic Security” (ESP-15-01) OIG examined the case of a Diplomatic Security manager with a long history of sexual harassment and misconduct allegations dating back 10 years.

Additionally, Department employees who believe they have been subjected to whistleblower retaliation may contact OIG or the Office of Special Counsel (OSC). OIG can help the individual in understanding their rights and may investigate the retaliation, as well as alert the Department to any illegal reprisal.

 

The Office of Civil Rights (S/OCR) . Which can’t be bothered to answer a simple question. Ugh! The OIG’s Whistleblower Protection page is here.  Click here for the OIG Hotline.  The Office of Special Counsel (OSC) is here.

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PDAS Miller Issues Sexual Harassment Message to Diplomatic Security Employees, What’s Missing?

Posted: 4:41 am ET
Updated: 7:52 pm PST (see comments)
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Last week, we blogged about what happened at an Security Overseas Seminar and a couple of online comments at InHerSight.com (see A Joke That Wasn’t, and a State Department Dialogue That Is Long Overdue. Previously, we also posted about a controversial case State Dept Security Officer Alleged Sexual Misconduct: Spans 10 Years, 7 Posts.

We asked the State Department about specific training for agents and bureau personnel concerning sexual harassment. We were told the following by a State Department official on background on July 29.  We held off posting it for a follow-up post. We are posting it here now since it was cited by a DSS internal message last Friday.

The Department has a zero tolerance policy for any behavior that diminishes inclusiveness in the workplace. Working to ensure the safety and security of our personnel overseas, including from sexual assault, is one of the Department’s top priorities. 

Sexual assault and sexual harassment are serious issues that affect both men and women in the U.S. and abroad. Diplomatic Security is committed to preventing sexual harassment and sexual assault, and condemns any comment that trivializes these activities or their impact on victims.

Diplomatic Security personnel are made aware of their responsibilities as law enforcement officers and federal employees from the beginning of their employment with the State Department. Agents receive recurring training on equal opportunity, prohibiting discriminatory practices, harassment in all its forms, and promotion of diversity and inclusiveness throughout their career.

During both the Basic Special Agent Course, Basic Regional Security Officer (RSO) and RSO In-Service courses, individuals from the DS Victim’s Resource Advocacy Program provide classes on responding to sexual assault.

On August 18, we posted an unsolicited item from our mailbox: Inbox: Female Diplomatic Security Agent Pens a Note on Sexual Harassment and Career Suicide.

Last Friday, the Bureau of Diplomatic Security’s Principal Deputy Assistant Secretary for Diplomatic Security and Director of the Diplomatic Security Service (DSS) Bill Miller sent a message on sexual harassment to bureau employees.   The message reproduced below in its entirety was disseminated internally to DS personnel late Friday afternoon:

Diplomatic Security takes sexual harassment extremely seriously – not only as an issue in the State Department, but also especially within our Bureau. 

In our response to questions from Diplopundit on this issue July 27, we noted that we find unacceptable any behavior that threatens people’s well-being in the workplace, or in any way diminishes someone’s professional capacity. 

Sexual harassment is an attack on the values this organization seeks to protect every day.  It compromises our charge to protect the workplace rights and ensure a safe environment for all Department employees. 

As a law enforcement organization, we must hold ourselves to the highest standards of ethical conduct. As the leader of this organization, I hold every employee accountable to that standard and will not accept any less of them.

Sexual harassment and sexual assault are serious issues that affect both men and women. We condemn any comment that seeks to trivialize these activities or their impact on victims. 

Diplomatic Security personnel are made aware of their responsibilities as law enforcement officers and federal employees from the beginning of their employment with the Department.  DS employees receive recurring training on equal employment opportunity guidelines, prohibiting discriminatory practices, harassment in all its forms, and promotion of diversity and inclusiveness throughout their career. 

During the Basic Special Agent Course, Basic Regional Security Officer (RSO) and RSO advanced courses, individuals from the DS Victim’s Resource Advocacy Program provide classes on responding to sexual assault.

I am disappointed and disturbed to hear that anyone in our organization would be concerned about being stigmatized for coming forward to report sexual harassment or sexual assault.  It is unacceptable that we have employees of any gender who may not feel comfortable reporting such activities.

Every organization can do better, and we will continue our efforts to make sure sexual harassment is addressed in any and all forms. 

DS personnel need to rely on each other, and have trust in each other, to succeed in our mission.

We are pleased to see PDAS Miller’s message to the troops.  In a good number of cases, bureaus do not even bother to respond.  That said,  there’s one thing missing here that we have to point out.  The internal message says that “Diplomatic Security takes sexual harassment extremely seriously” and that PDAS Miller is “disappointed and disturbed”  that anyone in the organization “would be concerned about being stigmatized for coming forward to report sexual harassment or sexual assault.”  And that “It is unacceptable that we have employees of any gender who may not feel comfortable reporting such activities.”  Butthat extreme seriousness is negated by the absence of solid actions that could help abate the stigma of reporting such conducts or help mitigate adverse career consequences.

If female agents/employees are not reporting harassment because they’re afraid that doing so would be career suicide, what should be done about it? Telling folks that “it is unacceptable” is not the answer.

Every organization can do better. We agree. We’d like to hear how before this becomes Palmerized.

 

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Inbox: Female Diplomatic Security Agent Pens a Note on Sexual Harassment and Career Suicide

Posted: 3:16 am ET
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Last Monday, we posted A Joke That Wasn’t, and a State Department Dialogue That Is Long Overdue. There are a couple of public comments on the thread (see left side-bar) and also private ones.  Thank you all for taking the time to write. The item below is from an email sent by a female Diplomatic Security agent. We are publishing it here with her permission:

As a female DS agent, your article raised a lot of issues that we, as female agents, secretly discuss, but rarely report officially. It seems strange that a group of trained federal investigators could be so apprehensive to report these issues, but within DS, a male-dominated profession, it is career suicide to raise the flag and contest misogynistic behaviors. I know quite a few female agents who have been sexually harassed by their colleagues, but were too afraid to report the behavior. Most of these women end up leaving DS and passing the issues off to the younger generation of female agents. The few female DS agents who made the decision to file an OCR and EEO complaint against other DS agents end up looking for new jobs. 

Filing a complaint is particularly hard for female agents — they know that their DS colleagues would be the ones looking into the allegations. The same colleagues that are supposed to keep the diplomatic community safe, but instead, make fun of women who report sexual assaults behind their backs. 
This is a huge issue within DS and will not go away unless an outside entity pushes for a cultural shift within DS.

 

The State Department’s sexual harassment policy is posted here.
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