SEXUAL HARASSMENT IN THE VA

HEARING
BEFORE THE

SUBCOMMITTEE OVERSIGHT AND INVESTIGATIONS

OF THE

COMMITTEE ON VETERANS' AFFAIRS

HOUSE OF REPRESENTATIVES
ONE HUNDRED FIFTH CONGRESS
FIRST SESSION

APRIL 17, 1997

Printed for the use of the Committee on Veterans' Affairs

Serial No. 105-5

U.S. GOVERNMENT PRINTING OFFICE

40-881 CC WASHINGTON : 1997

For sale by the U.S. Government Printing Office

Superintendent of Documents, Congressional Sales Office, Washington. DC 20402
ISBN 0-16-055671-6
 COMMITrEE ON VETERANS' AFFAIRS
BOB STUMP, Arizona, Chairman
CHRISTOPHER H. SMITH, New Jersey LANE EVANS, Illinois
MICHAEL BILIRAKIS, Florida JOSEPH P. KENNEDY II, Massachusetts
FLOYD SPENCE, South Carolina BOB FILNER, California
TERRY EVERETT, Alabama LUIS V. GUTIERREZ, Illinois
STEVE BUYER, Indiana JAMES E. CLYBURN, South Carolina
JACK QUINN, New York CORRINE BROWN, Florida
SPENCER BACHUS, Alabama MICHAEL F. DOYLE, Pennsylvania
CLIFF STEARNS, Florida FRANK MASCARA, Pennsylvania
DAN SCHAEFER, Colorado COLLIN C. PETERSON, Minnesota
JERRY MORAN, Kansas JULIA CARSON, Indiana
JOHN COOKSEY, Louisiana SILVESTRE REYES, Texas
ASA HUTCHINSON, Arkansas VIC SNYDER, Arkansas
J.D. HAYWORTH, Arizona
HELEN CHENOWETH, Idaho
RAY LAHOOD, ILLINOIS

CARL D. COMMENATOR, Chief Counsel and Staff Director

SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS

TERRY EVERETT, Alabama, Chairman
BOB STUMP, Arizona JAMES E. CLYBURN, South Carolina
FLOYD SPENCE, South Carolina VIC SNYDER, Arkansas
STEVE BUYER, Indiana FRANK MASCARA, Pennsylvania

(II)
 CONTENTS
Page

OPENING STATEMENTS
Chairman Everett ................. ..... ............... ....... ......................................... ........ ....... 1
Hon. Lane Evans, ranking democratic member, Full Committee on Veterans'
Affairs .................................................................................................................... 3
Prepared statement of Congressman Evans .................................................. 105
Hon. Michael Bilirakis, a Representative in Congress from the State of Flor-
ida .......................................................................................................................... 4
Prepared statement of Congressman Bilirakis .............................................. 111
Hon. Vic Snyder ........................ ... .... ........................................................................ 5
Hon. Steve Buyer ..................... ......... .... ...................................... ............................. 5
Hon. James E. Clyburn ........................................................................................... 7
WITNESSES
Barefoot, Lovia B., Department of Veterans Affairs employee (ret.) ................... 15
Prepared statement of Ms. Barefoot ............................................................... 178
Blumenthal, Ronnie, Director, Office of Federal Operations, Equal Employ-
ment Opportunity Commission ........................................................................... 37
Prepared statement of Ms. Blumenthal, with attachment ........................... 189
Caruana, Susan, Department of Veterans Affairs employee ............................... 11
Prepared statement of Ms. Caruana ................................................. ........... ... 164
Dawkins, Judy, Department of Veterans Affairs employee ................................. 13
Prepared statement of Ms. Dawkins, with attachment. ...... ............. ............. 170
Force, Cynthia A., Department of Veterans Affairs emllloyee ............................. 8
Prepared statement of Ms. Force ... ....................................... .......................... 158
Gober, Hon. Hershel, Deputy Secretary, Department of Veterans Affairs ac-
companied by Gerald K. Hinch, Deputy Assistant Secretary for Equal Op-
portunity; Hon. Mary Lou Keener, General Counsel; Jule D. Moravec,
Ph.D., Chief Network Officer, Veterans Health Administrator; Leroy P.
Gross, M.D., Director, Veterans Integrated Service Network No.6................ 49
Prepared statement of Deputy Secretary Gober, with attachment .............. 197
Inzeo, N~c~olas M., Deputy Legal Counsel, Equal Employment Opportunity
Commission ............. ............... ..... .......................................................................... 39
Prepared statement of Mr. Inzeo ................................... ............... .................. 194
Jordan, Berry D., National President, Federal Managers Association ............... 98
Prepared statement of Mr. Jordan .................................................................. 238
Merriman, William T., Deputy Inspector General, Department of Veterans
Affairs accompanied by Jack Kroll, Assistant Inspector General; Maureen
Regan, Counsel; Michael Bennett, Office of Counsel; and Judy Shelly, Office
of the Assistant Inspector General.............................. ...... ......... ...... .................. 79
Prepared statement of Mr. Merriman ................. ............... ...... .... .................. 208
Miller, Maura Farrell, Ph.D., ARNP, CS, President, Nurses Organization
of Veterans Affairs ............................................................................................... 95
Prepared statement of Dr. Miller ..... .................................... ........... ................ 227
Moore-Russell, Doris A., M.S.W., Department of Veterans Affairs employee .... 18
Prepared statement of Ms. Moore-Russel... ...... ........... ...... ......... ...... ..... ...... ... 183
Nelms, Dorothy, President, Federally Employed Women, Inc. ............................ 93
Prepared statement of Ms. Nelms ................................................................... 218
Peddicord, Kitty, Women's Director, American Federation of Government Em-
ployees ................................................................................................................... 96
Prepared statement of Ms. Peddicord, with attachments ............................. 231
(III)
 Page
IV
MATERIAL SUBMITTED FOR THE RECORD
Article:
"VA's 'Zero Tolerance' Questioned," by David Dahl, St. Petersburg Times,
April 14, 1997 .................. ................................ ...... .. ..................................... . 153
Chart:
"Complaints Filed-FY 1991-FY 1996, Veterans Affairs Compared to
Government Wide," submitted by Ms. Blumenthal .................................. . 193
Chronology:
"Actions of Secretary Brown to Eliminate Sexual Harassment in the
~i::~.~~~.~~.~~~~~~~. ~~~~~.~:::.~.~~~~~.~~.~~.~~:.~~~~~~. ~.~ .~~~.~~~ 203
Memorandum:
From David Whatley, Medical Center Director to Leroy P. Gross, M.D.,
Director, VISN 6 re Network 6 Special Inquiry Report, September
26, 1996 ................................ .. .... ....................................... ............................ . 143
Report:
Special InQ,uiry-"Alleged Improper Conduct By A Senior Official, VAMC,
FayettevIlle, NC," November 8, 1996 .. ...................................................... .. 116
Statements:
~~~~Gr~;;~:::~. ::: : : ::: : : : : : : ::: : ::: : : : : : :::: : ::: : : ::: : : :::: : ::::::: : : : :
188
110
Written committee questions and their responses:
Chairman Everett to Department of Veterans Affairs ................................ .. 244
Congressman Bilirakis to Department of Veterans Affairs ........................ .. 250
Congressman Evans to Department of Veterans Affairs ...... ...................... .. 253
Congressman Evans to Inspector General, DVA .......................................... . 393
 SEXUAL HARASSMENT IN THE VA

THURSDAY, APRIL 17, 1997

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS,
COMMITTEE ON VETERANS' AFFAIRS,
Washington, DC.
The subcommittee met, pursuant to call, at 9:37 a.m. in room
334, Cannon House Office Building, Hon. Terry Everett (chairman
of the subcommittee) presiding.
Present: Representatives Everett, Stump, Buyer, Bilirakis,
Clyburn, Evans and Snyder.
OPENING STATEMENT OF CHAIRMAN EVERETT
Mr. EVERETT. The hearing will come to order. Please cease all
conversations.
Good morning. Today's hearing by the Subcommittee on Over-
sight and Investigations will examine sexual harassment issues in
Department of Veterans Affairs. This is the first hearing of the
105th Congress for this subcommittee sitting alone.
Only yesterday we had a joint hearing with the Subcommittee on
Health on another very important topic, the illness being suffered
by Persian Gulf veterans.
Our hea:.-ing is at the request of Mr. Bilirakis of Florida, one of
the most senior and active members of the full committee. He spe-
cifically requested a hearing on sexual harassment after learning
of the demotion and transfer of a former VA medical center director
of a Fayetteville VA Medical Center in North Carolina to the Bay
Pines VA Medical Center in Florida.
Without objection, his letter of March 5, 1997, will be made a
part of the record.
His district is served by the medical center, and he has asked to
participate in this hearing, although he is not assigned to this sub-
committee. We are happy to have him here, and I commend him
for taking this serious action.
Unfortunately, this is not the first time sexual harassment issues
have been before this committee. Over 4 years ago when our
present full committee Ranking Democratic Member, Mr. Evans,
was chairman of this subcommittee, similar hearings occurred. I
believe our Ranking Member, Mr. Clyburn, who will join us short-
ly, took an active in the second one back when he and I were rel-
atively new to the committee.
We are not new anymore, and we are disappointed in what we
have seen.
(1)
 2
During the Subcommittee on Oversight and Investigations hear-
ing in September 1992, Ms. Donna Grabarczyk, a VA employee who
still is on leave without pay status, stated in testimony, and I
quote, "Since when is a transfer a disciplinary action? Transfers
are not the solution for habitual harassers, and by transferring
these people the VA merely enables them in their illegal behavior
and avoids disciplinary action."
As a result of these hearings 4 years ago, the committee unani-
mously reported and the House passed a bipartisan bill, H.R. 1032,
in April 1993 to provide for improved and expedited procedures for
resolving complaints of unlawful employment discrimination aris-
ing within the VA. That, of course, includes sexual harassment.
However, Secretary Brown took the position that such a bill was
unnecessary and that administrative actions combined with pro-
posed legislation to cover the entire government would address the
problems.
The Senate did not take up the House bill. The government-wide
legislation was not enacted. Given what has happened, Mr. Evans
and I intend to pick up where the previous legislation effort left off,
and there will be more action soon.
I do not question Secretary Brown's sincerity or his commitment
to the zero tolerance policy he has implemented in the VA. Quite
the contrary, it was a positive and necessary step.
However, nothing has been done to effectively remedy the prob-
lem the House legislation would have addressed. While the VA has
a zero tolerance policy, it still has a long way to go in reaching zero
tolerance and needs some help.
Back in 1993, Bob Stump, our now full committee Chairman,
said the oversight hearings revealed a lack of employee confidence
in fairness and timeliness of VA's EEO system, as well as fears of
reprisal. Based on my review of the statements by today's wit-
nesses, I believe the same lack of confidence and fears still exist.
Until the EEO's process in the VA becomes essentially independ-
ent of local management, I do not see how the trust of rank and
file employees in the VA EEO system can be improved. I will be
most interested in exploring this with our VA witnesses.
During this hearing we will have witnesses from the Fayetteville
Medical Center, the EEOC, the VA, the VA Inspector General's Of-
fice, and from federal employee unions and associations.
Because the first panel of witnesses will testify about specific
sexual harassment and abusive treatment which allegedly occurred
at Fayetteville, I wish to advise any parents with children here
today to exercise discretion in allowing them to stay.
The subcommittee's distinguished Ranking Democratic Member,
Mr. Clyburn, prior to coming to Congress, was South Carolina's
Human Affairs Commissioner and so his interest and expertise in
EEO and sexual harassment are particularly welcome, and we will
hear from him later today.
At this particular time, I would like to recognize the chairman
of the full committee, Mr. Stump, for any statement he would like
to make.
Mr. STUMP. I do not have an opening statement. Thank you.
Mr. EVERETT. Mr. Evans, our Ranking Member on the full
committee.
 3
OPENING STATEMENT OF HON. LANE EVANS, RANKING
MEMBER, FULL COMMITTEE ON VETERANS' AFFAIRS
Mr. EVANS. Thank you, Mr. Chairman, and I want to thank you
and Jim Clyburn for holding this hearing.
Obviously this is a great issue for us, and we are pursuing it on
a bipartisan basis, and I look forward to working with you in terms
of following up on those hearings in 1992.
Some of you may recall the compelling testimony we heard dur-
ing the 1992 hearing from Donna Grabarczyk. She testified that
she had been sexually assaulted by the Chief of Fiscal Service at
the Lyons, New Jersey Veterans Hospital where she worked. It
took the VA 7 months to investigate her allegations, and in the
meantime, she was forced to live in the constant fear of another
confrontation with her assailant.
Once the VA completed its investigation, the proposed resolution
was to encourage her to transfer to another facility. Her harasser
was allowed to take disability retirement.
In the meantime, Ms. Grabarczyk was diagnosed with post-trau-
matic stress disorder because of harassment by the Director of an
institution that is supposed to be helping veterans deal with their
post-traumatic stress disorder problems.
Two months after her 1992 testimony, Ms. Grabarczyk was
placed on leave without pay from the VA because of her harass-
ment-related illness. She has been receiving regular medical care
and therapy since December 1992. Her doctor has diagnosed her
with a temporary total disability, and she is currently receiving
worker's compensation because of her illness.
She tells us she presently takes three different medications each
day to treat her PTSD.
Mr. Chairman, Donna Grabarczyk's story is not a happy one.
When we heard her testimony in 1992, most of us may have rea-
sonably concluded that the worst was behind her and that there
would be only minimal long-term effects from her harassment.
Obviously her troubles have not gone away since 1992. It is a
tribute to the leadership of this subcommittee that the interest in
this issue has not subsided since that time.
Until the VA truly addresses sexual harassment at the regional
and facility levels, stories like the ones we have heard from Donna
Grabarczyk, and stories like the ones we will be hearing today, will
continue to be played throughout the halls of the Department of
Veterans Mfairs.
I believe it is our responsibility to do all we can as members of
the committee to see to it that there is no need for this type of
hearing 5 years from now.
In closing, I want to make it clear that I do not question Sec-
retary Brown's personal commitment to eradicate the festering
problem of sexual harassment in the VA. The Secretary's zero tol-
erance policy instituted in 1993 was a strong step in the right
direction.
But until the VA can show that its policy has teeth, we will con-
tinue to keep the heat on the VA on this issue in the months and
years to come. Our veterans and our employees of the VA who
served us well should expect and deserve no less.
 4
Thank you, Mr. Chairman, and at this point I would like to enter
into the record a statement from Donna Grabarczyk, dated April
17, 1997. Unfortunately, because of a very serious illness in her
family, she is not able to join us today, despite her willingness to
do so, and I would ask that this statement be made part of the
record.
Mr. EVERETT. Without objection, so ordered.
[The attachment appears on p. 110.1
Mr. EVANS. Thank you, Mr. Chairman.
Mr. EVERETT. Thank you, Lane.
Mr. Bilirakis.
OPENING STATEMENT OF HON. MICHAEL BILIRAKIS, A REP-
RESENTATIVE IN CONGRESS FROM THE STATE OF FLORIDA
Mr. BILlRAKIS. Mr. Chairman, thank you, and my thanks to
Chairman Stump for responding to the request for scheduling to-
day's hearing and also for giving me the opportunity to be a part
of it.
During the 102nd Congress, as mentioned by both you and Mr.
Evans, when the sexual harassment hearing was held, I served as
the Ranking Minority Member of this same committee with Mr.
Evans. At that time we heard from several VA employees who had
been the victims of sexual harassment. It took a great deal of cour-
age for ' these women to come forward and sharp, their experiences
with our committee, and many of these women were also subjected
to acts of retaliation by their abusers and other VA employees.
Their perception, and I believe you mentioned this, which was
shared by many other employees was that the VA did not take sex-
ual harassment complaints seriously. There is a great deal of sus-
picion and distrust caused by too many years of apparent toleration
of unacceptable behavior.
Without question, that hearing revealed that the process in place
at the VA for investigating sexual harassment complaints was seri-
ously flawed, and consequently, Mr. Chairman, this committee
unanimously approved legislation which was later passed by the
House to address the problems at the VA, and that was H.R. 1032,
which would have provided for improved and expedited procedures
for resolving complaints of employment discrimination, including
sexual harassment complaints.
When we considered H.R. 1032, Secretary Brown opposed the
passage because he preferred to take administrative action instead.
The Senate did not act on the bill, and it was never enacted into
law.
To his credit, as mentioned by both you and Mr. Evans, and I
certainly endorse your remarks in that regard, Secretary Brown
did establish a policy of zero tolerance within the department early
in his tenure as Secretary, and I guess the question facing us today
is whether or not that policy is sufficient.
Almost 5 years after our first hearing, we're faced with a similar
situation at the VA. Mr. Evans certainly set this out very, very
clearly. Of course, this has been brought to our attention, I sup-
pose, principally because of the Director of the Fayetteville Medical
Center who was found to have sexually harassed one female em-
ployee, et cetera, et cetera.
 5

The Director, as we know, was transferred to the Bay Pines VA

Medical Center in St. Petersburg, which serves many of! the 'l'~ter
ans of my congressional district. He was allowed to retain a salary
of more than $100,000 in a position created specifically for him.
I have, and I am sure all of us have heard from many of our ,con-
stituents who are outraged by the department's actions on ithis
matter. They do not believe that the VA took any punitive action
against a senior VA employee.
I, too, have reviewed the testimony of today's witnesses. Sadly
their stories do mirror those that we first heard in 1992, and de-
spite the Secretary's zero tolerance policy, it appears that the VA
has failed to adequately implement sufficient administrative proce-
dures that deal with such complaints.
I know from their testimony that our witnesses believe that their
harasser was not properly or adequately punished. In fact, they feel
he was rewarded, and that is certainly the feeling that I had when
I found out about it. He was clearly rewarded for his actions, not
that that was the intent, but it would seem that way. Being sent
to St. Petersburg, FL, certainly does not seem to me to be a very
punitive type of thing.
He got to be there with a raise in salary. This certainly appears
to be the case. I am concerned that the VA's policy of zero tolerance
has, at best, not been implemented uniformly and, at worst, has
been ignored, and, Mr. Chairman, that is the reason you are hold-
ing this hearing.
The rest of my statement I would ask unanimous consent to be
made a part of the report, and thank you so very much, sir, for
being so diligent.
[The prepared statement of Congressman Bilirakis appears on p.
111.]
Mr. EVERETT. Thank you. Mr. Snyder.
OPENING STATEMENT OF BON. VIC SNYDER
Mr. SNYDER. Thank you, Mr. Chairman.
Let me just say briefly I am real interested as a new member.
Coming in the middle of the movie, the issues that are going to
concern me are: do we have the right policy? Do we have the right
people enforcing the policy? And then the third issue: are there
other legal obstructions to the enforcement of that policy that we
may need to look at and make changes to help the VA fulfill its
goal of having zero tolerance?
And I appreciate the participation of everyone today.
Thank you, Mr. Chairman.
Mr. EVERETT. Thank you. Mr. Buyer.
OPENING STATEMENT OF BON. STEVE BUYER
Mr. BUYER. Mr. Chairman, I have to you an inquiry before I
make a statement. I was under the understanding with you in a
conversation at least 3 weeks ago that you were going to be send-
ing out an invitation to Secretary Brown for him to appear here
today, and I would like for you to explain to me whether or not
that invitation ever went to the Secretary, and if so, did he re-
spond, and what was that response?
 6
Mr. EVERETT. Mr. Buyer, the Secretary was invited. We invited
the Secretary himself to this hearing today.
M.r. BuYER. Do you knew what the date of that letter is that
went out? , "
Mr. EVERETT. 1 have the staff now looking it up.
A ri12.'
M}. BUYER. On April 2. All right, and what kind of response did
you get from the Secretary?
Mr. EVERETT. The Secretary said he would be unable to attend,
but he did designate the ,Assistant Secretary or Deputy.
Mr. BUYER. Did the Secretary say why he was unable to attend
here today?
Mr. EVERETT. No, I have no knowledge why.
Mr. BUYER. Do you know what the date of his response was to
us?
Mr. EVERETT. Can we have a copy of that letter?
Mr. BUYER. This is it, his response? April 14?
Mr. EVERETT. Right.
Mr. BUYER. I had a conversation with someone from the Sec~
retary's staff in the hall yesterday after our meeting in which I
asked. I had heard that the Secretary may not appear, and she
said the Secretary was in California at a ceremony for the opening
of a homeless shelter, but they never informed you of that?
Mr. EVERETT. No, I was not informed.
Mr. BUYER. I also was informed that the Secretary is back in
town today and arrived perhaps about 2 hours before this hearing.
I only want to bring that to your attention because it concerns
me. Several of you are colleagues of mine on the National Security
Committee, and you are well aware that I have been tasked by the
chairman, Floyd Spence, to conduct the inquiry into sexual harass~
ment, misconduct, fraternization in the U.S. military.
We also know about the zero tolerance policy we have in the U.S.
military, and it appears that as we do this all~Service review with
Tillie Fowler and Jane Harmon that a policy is great on paper, and
that while the military is under many different attacks with regard
to culture, I have a clear understanding that it is the leadership
that sets the tone of the environment.
And I just wanted to say to you, Mr. Chairman, that I am dis-
appointed the Secretary is not here, and that I will be a good lis-
tener throughout this, but I will ask of you whether or not there
will be a follow-up hearing and if so, request the Secretary be here.
I have read the documents that you submitted to us last night,
and I was left with a very strong sense that it appears that the
VA has a "Club Med" level of punishment for sexual harassment
that is unacceptable, and I want to have follow-on conversations
with you in private.
Mr. EVERETT. I would be glad to. I would tell the gentleman that
this is not the last hearing that we will have. I will also tell the
gentleman that we will probably have continuous hearings on this
matter until the issue is resolved to the satisfaction of this
committee.
Mr. BUYER. Mr. Chairman, in the National Security Committee,
the Secretaries of the Navy, the Army, the Air Force, all come and
respond to us. The Secretary of Defense responds to us on this
 7
issue, and for the Secretary of the VA not to come here and re-
spond and to be publicly accountable is unacceptable.
Mr. EVERETT. thank the gentleman.
The chair will now recognize Mr. Clyburn, our Ranking Member
of the subcommittee.
OPENING STATEMENT OF BON. JAMES E. CLYBURN
Mr. CLYBURN. Thank you very much, Mr. Chairman.
I am pleased to be here and join with you today, and I thank you
for calling this important hearing, and I apologize for trying to get
too much crowded into the morning.
There have been numerous and disturbing reports of the VA fos-
tering a work environment in which women are discouraged from
filing charges of sexual harassment and which insulated the most
senior level officials from disciplinary action, even in light of sub-
stantiated allegations of harassment.
My close association with the Department of Veterans Affairs
goes back many years, long before my joining this committee. My
wife retired in 1993 from the Dorn Veterans' Hospital in Columbia
after almost 30 years of service. I know this department very well.
I am particularly concerned with the serious allegations involv-
ing some of the Department's most senior career managers. I am
even more concerned about the Department's handling of these
cases, and what has been reported as insufficient disciplinary ac-
tions with regard to the perpetrators of these abuses.
Subsequent to this committee's hearings on this issue, in the
103rd Congress Secretary Brown announced and implemented a
zero tolerance policy for sexual harassment. As mentioned by
Chairman Everett, prior to coming to the Congress I spent 18 years
as the South Carolina Commissioner of Human Affairs, heading an
agency whose mission and authority include insuring fairness and
equality in the work place.
I am interested in finding out how the Department of Veterans
Affairs insures the same fairness in its work place and protects its
employees from sexual harassment, how it investigates charges,
and disciplines those who violate its policies.
I look forward to this testimony this morning, and I am hopeful
when it is all said and done we will, in fact, have a zero tolerance
policy.
Mr. EVERETT. I thank the gentleman, and I state again that the
gentleman's expertise in this field is welcomed not only by this
committee, but by this Congress.
Mr. CLYBURN. Thank you.
Mr. EVERETT. I would like to welcome all of the witnesses testify-
ing today. I realize some of our witnesses have taken time from
their daily lives and have had to travel some distance to testify. I
want to thank all of you in advance for being here today.
For those witnesses who are essentially private citizens and hap-
pen to be VA employees, it takes real courage to make public state-
ments about difficult experiences and highly personal matters, and
I understand that and appreciate it.
Because of the nature of some of today's testimony, I am taking
an unusual step for this subcommittee hearing and have decided
to have the witness panels who have direct knowledge of events
 8
testify under oath. All of these witnesses have involvement with
Fayetteville or decisions made about this case.
Prior to seating the first panel of witnesses and in order to facili-
tate questioning, I ask unanimous consent to place the following
documents in the hearing record.
Number one, the VA OIG report Number 7PR-G02-007, dated
November 8, 1996, alleged improper conduct by senior official, VA
Medical Center, Fayetteville, NC, redacted.
Number two, VA Network 6 special inquiry report, subject,
management effectiveness at VA Medical Center, Fayetteville, NC,
dated September 26, 1996. The VA refers to this as the Whatley
report. David Whatley, the author, is the VAMC Director in Au-
gusta, GA.
Number three, VA letter of proposed removal from Dr. Leroy
Gross to Jerome Calhoun, dated October 23, 1993.
Number four, VA letter of rescission of proposed adverse action
from Dr. Leroy Gross to Jerome Calhoun, dated September 6, 1996.
Number five, VA agreement of informal resolution, Jerome Cal-
houn, executed by Jerome Calhoun and Dr. Leroy Gross on Janu-
ary 14, 1997, and by Dr. Jule Moravec on January 16, 1997.
I ask that each witness limit your oral testimony to 5 minutes,
and I so order that those documents be put in the record.
(See. p. 116.)
Mr. EVERE'IT. I ask each witness to limit your oral testimony to
5 minutes. Your complete written statements will be made part of
the official hearing record.
I ask that we hold our questions until the entire panel has
testified.
Will the first panel please rise and raise your right hands and
re~Elat after me?
[Witnesses sworn.]
Mr. EVERETT. Please be seated.
The committee will now recognize our first witness, Ms. Cynthia
Force.
STATEMENT OF CYNTHIA A. FORCE, DEPARTMENT OF
VETERANS AFFAIRS EMPLOYEE
Ms. FORCE. Good morning. Thank you for convening this hearing
and inviting me.
Mr. EVERE'IT. Ms. Force, would you please pull that mic just a
little bit closer to you, ma'am.
Ms. FORCE. Okay. I~ that better?
Mr. EVERE'IT. That IS better.
Ms. FORCE. Prior to being forced to relocate to my current posi-
tion, I had been assigned to work at the VA Medical Center, Fay-
etteville, NC. I worked as a budget analyst after being forced to
ask for reassignment from my position as Chief, Medical Care Cost
Recovery.
For the relevant period of time which I was employed at the VA
Medical Center, Fayetteville, Jerome Calhoun served as Director. I,
however, worked under the direct supervision of the Chief, Fiscal
Service. It was Jerome Calhoun's unlawful behavior that forced me
to leave the Fayetteville Medical Center where I had worked for 23
years.
 9
Beginning in the fall of 1994, Jerome Calhoun asked me to have
a personal relationship with him on two different occasions and
once made an inappropriate comment about my body. These state-
ments made me feel uncomfortable. I had a fear of reprisal for re-
fusal to accept his offer. I felt demeaned and demoralized.
The working relationship started to fall apart shortly after the
first two comments were made. On one occasion he became so furi-
ous that I was afraid he was actually going to strike me. He start-
ed to scream and curse at me, and he left the office, came back and
started to scream again.
He later apologized to me and stated that he really missed the
days when if a woman got out of line, you could just slap her
around.
On May 8, I was informed by my supervisor that I was being
removed from my position at Calhoun's request. My position de-
scription had been rewritten from a GS-9 to an 11-12, but I was
not to be promoted to the new grade. No reason was given to me
for my removal, except that Calhoun was not happy with my
performance.
I asked to meet with Calhoun for an explanation of my removal,
and on May 9, a meeting was held including me, Calhoun, the
Chief Fiscal Officer, the EEO manager, health systems specialist,
Acting Chief of Human Resources, and the Associate Director.
I remarked that the only comment he had ever made to me re-
garding my performance was that you have a lot to learn, but you
are doing a good job, and that did not equate to poor performance
to me.
He responded that if he did not make himself clear, that that
was something that he had to work on as a Director. He informed
me that I could remain as MCCR Coordinator and be put on a per-
formance improvement plan and he'd get rid of me in 90 days, or
I could accept the position that was being offered by my supervisor
as budget analyst.
From his remark it was clear to me that no matter what I did,
in 90 days he would get rid of me. Even though I knew I was not
qualified for the position of budget analyst, on May 24, 1995, as di-
rected, I signed a memorandum requesting reassignment to the
budget analyst position. Effective June 11, I was reassigned.
In June 1995, Calhoun had barred me from going into the main
VA building at the Fayetteville facility. My supervisor was in-
structed to inform me of this decision. My duties were changed in
order to accommodate this mandate. To the best of my knowledge
and belief, this was never done to anyone else.
In July 1995, Calhoun and his wife encountered me at a roadside
clean-up. My shoelace was untied, and Calhoun and got on bended
knee to tie the shoe. He stated while doing this, ''When you're
going to murder someone, you tie their shoes backwards so that it
looks like they tied them themselves."
I saw this as yet another threat not to my personal safety, but
to my employment. Everywhere that I went for help I heard things
like, "Don't try to fight him. He's the Director, an African American
Director. He was appointed by Jesse Brown. You may win the bat-
tle, but you will lose the war." I honestly felt like I had nowhere
to turn.
 10
I tried to find other positions within MCCR at VA facilities be-
cause of the hostile work environment and the fact that I felt sure
he had plans to get rid of me altogether. All the positions for which
I applied were canceled.
I did secure a lateral position at another North Carolina VA and
transferred there in October of 1995. This position was not in my
career field and has no promotion potential. After 3 months of com-
muting several hours, I moved with my children and household
goods at great expense, emotional, physical, and financial.
Since this time I have also been diagnosed as suffering from
post-traumatic stress disorder, and I am currently on medication.
I was relieved that Calhoun had been removed from SES when
I read the IG report. I just would like to feel more confident that
he will not have the opportunity to return to any type of super-
visory position.
I was a bit surprised when his punishment was announced. I
never thought that he would be rewarded by being sent to the
place he wanted to be with a raise in salary.
Additionally, all his moving expenses, as I understand, were
paid, and if his house does not sell, the VA will purchase it. U nfor-
tunately, I was not that fortunate.
It concerns me that at no time have the victims been contacted
by anyone in headquarters. The only information I have received
has been in the IG report and what I read in the newspapers. I
read in the newspapers that headquarters had empathy for me, but
I was not sure how that was possible since they had never had any
contact with me.
Additionally, I read that the settlement with Calhoun was made
in the best interest of all concerned. I guess I was of no concern.
There seems to have been much concern about how Calhoun
could finish out his career, but no concern for what happens to
mine. I never began this fight for what I could get out of it. How-
ever, when the accuser is so obviously rewarded, where is the jus-
tice for the victims?
A representative of this committee explained the reason for the
settlement, which I much appreciated. Had this been explained to
me earlier, I might not have felt so patronized, insulted and, frank-
ly, victimized once again.
What has been of greatest concern to me has been the implica-
tion that I filed sexual harassment charges because of inappropri-
ate comments of a sexual nature. These have been the statements
that have been made by the headquarters offices. I would have
never gone through the hell of the past 2 years for comments made
to me. Calhoun is not the first man who ever made inappropriate
comments of a sexual nature. He is, however, the first man who
tried to destroy my life when I rebuffed those comments.
The findings of the IG were quid pro quo sexual harassment and
sexual harassment for a hostile work environment. Those are the
reasons that I filed the charges, and those are the allegations that
were proven by the Inspector General. I resent the implications
made to the contrary.
Thank you very much.
[The prepared statement of Ms. Force appears on p. 158.1
Mr. EVERETT. Thank you. You may proceed.
 11

STATEMENT OF SUSAN CARUANA, DEPARTMENT OF

VETERANS AFFAIRS EMPLOYEE
Ms. CARUANA. My name is Susan Caruana. I am pleased and
honored to have been invited to present my testimony before such
a distinguished audience.
I have worked for the Federal Government for 31 years. All but
1112 years have been in the VA system.
I feel betrayed by the very system by which I am employed. I
worked for Jerome Calhoun at the Buffalo VA Medical Center from
June 9, 1985, until March 1994. He was appointed as Director of
the Fayetteville, North Carolina, VA Medical Center in April 1994
by Secretary Jesse Brown.
Shortly after his transfer to Fayetteville, he informed me that
the Secretary to the Director position would soon be vacant and
asked if I would be interested in applying. After much thought and
contemplation, I decided to apply as it was a GS-8, Target 9 in one
year, and I was a GS-7 with no promotion potentiaL
I was selected, excited about this promotion and career oppor-
tunity, and looked forward to the impending challenge.
Calhoun repeatedly promised me that I would eventually retire
as a GS-ll or 12. Since I had worked with him for several years,
considered him a friend and respected his position, I felt com-
fortable, though nervous of the move to a new area of the country
alone.
I was performing the job to the best of my ability. However, the
hostile work environment, repeated threats, verbal abuse, intimida-
tion, and stressful conditions he created resulted in an atmosphere
not conducive to my best performance. For example, he told me if
I did not request a reassignment, he would make my life miserable
and I would be a GS-3 by the time he was finished with me.
On another occasion I was threatened to be placed on a perform-
ance improvement plan and have 90 days to prove myself, but
there is no documentation in my personnel records to substantiate
less than satisfactory performance.
In fact, at his initiation, I received a $1,200 special award in
1995 for my superior performance.
Mter my coerced reassignment, I felt mortified, rather like a lit-
tle girl made to stand in the comer. To add insult to injury, after
this reassignment, he had the audacity to tell me he had a dream
that he slept with me. I told him that I would never do that. He
said it could be worth my while.
I transferred to Fayetteville as the Administrative Assistant to
the Director, was illegally coerced by Calhoun into eventually re-
questing a reassignment in September 1995 after several months
of hell, and then replaced by an individual who was hired without
following established merit promotion procedures. I was under the
impression that there were rules and regulations prohibiting such
incidents from occurring.
Under the EEO system in July 1996, I filed a formal sexual har-
assment complaint against Calhoun. Filing any EEO complaint is
futile. The system never finds in the complainant's favor.
Prior to the actual EEO investigation, I was presented with a
formal written statement in which I would receive my promotion
to a GS-9 if I dropped my EEO charges. I emphatically refused to
 12
sign this agreement, noting I would not consent to this compromise
under any circumstances and was insulted at the proposal.
As a victim, I lost my self-respect, felt worthless, powerless, frus-
trated, embarrassed, humiliated, and after experiencing total emo-
tional distress, it was necessary to seek medical treatment over 1
year ago, which is still ongoing. I was diagnosed with severe de-
pression and placed on medication, which I am still taking. To date
the cost of this care is my responsibility.
I have been punished for acts beyond my control. I feel I have
lost everything, and he has not suffered at all. The emotional or-
deal and upheaval to the victims deserve appropriate corrective ac-
tion, not a selective forgetfulness by the VA.
The IG investigation concluded that Calhoun's behavior was abu-
sive, threatening, inappropriate, and that he had sexually harassed
one woman employee and mistreated two others. I was sexually
harassed. The fact the IG did not find in my favor does not mean
it did not happen.
So what is his punishment? He is rewarded for his misconduct,
transferred at taxpayers' expense to Florida, where has repeatedly
stated he wanted to live and retire, with no state tax, maintaining
his hefty $106,OOO-plus salary, to a non-management, non-super-
visory position, tailor-made for him, with decreased responsibilities.
I find nothing fair about this. It is apparent to me that the De-
partment of Veterans Affairs condones misbehavior and illegal ac-
tions for persons in high authority and solves personnel problems
by merely transferring perpetrators to another facility at govern-
ment expense.
I find VA's response to this matter totally unacceptable and firm-
ly believe they should be held accountable for their actions. To my
knowledge, no VA officials have contacted us, inquired about any
of the victims' welfare except for one, or provided any assistance in
coping with the damage we experienced.
A system should be established to assist victims of sexual harass-
ment and/or mistreatment by VA managers. This entire scenario
certainly does not exemplify zero tolerance for sexual harassment,
Secretary Brown's mandated policy.
A settlement agreement was reached with VA officials and Cal-
houn. The fact that the VA reportedly has no authority to change
this settlement is a travesty, and I vehemently question the legal-
ity of such a negotiated settlement.
In my estimation, removal from Director status is not punish-
ment when he saves salary, which is what his retirement is based
on, the high 3 years. Has the VA considered those other employees
that Calhoun had removed or demoted from their position, or those
who found it necessary to retire early because of the intolerable
working conditions under his directorship? Where is the justice for
those persons? What about those employees that were promoted or
received special favors as reward for complicity?
SES officials should not be protected against appropriate discipli-
nary actions. As such, it is in their realm of responsibility to lead
by example and not use their position or power to emotionally bully
and sexually harass subordinates.
 13
The VA must apply the same standards and treatment to Direc-
tors and top management as it does to lower grade employees. The
VA could truly learn from the Department of Defense.
These past 2% years have been a continuous nightmare with no
apparent resolution for me, and I look forward to the day it is all
behind me, though I seriously wonder if it will ever happen.
Thank you for your concern and for this opportunity to speak
with you. If I am able to help just one person from going through
an ordeal such as what I experienced, that will give me a great
deal of pleasure.
[The prepared statement of Ms. Caruana appears on p. 164.1
Mr. EVERETT. Thank you very much. Ms. Judy Dawkins.
STATEMENT OF JUDy DAWKINS, DEPARTMENT OF VETERANS
AFFAIRS EMPLOYEE
Ms. DAWKINS. Hi. From the time I began working for Mr. Jerome
Calhoun--
Mr. EVERETT. Ms. Dawkins, will you please pull the mic up
close?
Ms. DAWKINS. I thought I spoke rather loudly, but I am sorry.
From the time I began working for Mr. Jerome Calhoun in Sep-
tember 1995 through May 1996, I was subjected to verbal abuse,
profanity, outbursts of temper, and his fury and his wrath. I never
said anything to him about his profanity because I was afraid of
him. There were almost daily incidents of his cursing, yelling, and
screaming at me or other medical center employees.
Even when I was not the one to whom he was angry with, it was
depressing and discouraging to hear these conversations. His ac-
tions and his words were so brutal and heartless with employees
that a destructive and harmful atmosphere existed.
At first I tried to ignore the conversations. However, I was un-
able to do this when his abusive behavior began in the morning
and continued throughout the day. Each time he used profanity to-
ward me and threatened to fire me, it became increasingly demor-
alizing for me to work under those conditions.
My work performance was greatly affected by Mr. Calhoun's
moves and actions. He set the tone for the office and for the entire
medical center every day, whim was unusually unsatisfactory, with
harmful and injurious results to my health and well-being, to the
health and well-being of other employees, and I believe that the at-
mosphere that existed in the Fayetteville VA Medical Center was
harmful to our patients.
In all the years I have worked for the Federal Government at
Fort Bragg and Fayetteville VA Medical Center, I have never been
spoken to or treated in the manner in which Mr. Calhoun treated
me. He created a very hostile work environment. He demoralized
me to the point that he broke my spirit.
I went to work around 7:30 a.m. and continued until 5:30 p.m b
and sometimes much later without even a break for lunch. I be-
came exhausted, weary, and began experiencing physical problems,
and then realized that I was becoming depressed. I had no energy
at all, began to decline social invitations and other activities in
which I had always participated. I experienced anxiety, sleepless-
ness and loss of appetite.
 14
For the first time in my life I was scared. I was scared all of the
time. It affected every area of my life. I never knew when Mr. Cal-
houn was going to erupt and if I was going to be the target of his
explosion. It was and has been the most frightening experience of
my life because I have led and lived a very good life.
On May 3, 1996, I told my husband because he kept asking me
what was wrong with me. I finally realized that I could not handle
the situation at work anymore, and that I did need help.
I did receive assistance from VISN 6 in Durham staff members
when my husband contacted Dr. Gross personally regarding my
condition and the circumstances leading to my physical and emo-
tional problems. However, I have never received any support or
backing from VHA headquarters.
I believe that Mr. Calhoun received a special deal, as our Fay-
etteville paper said, when he was reassigned to the Bay Pines VA
Medical Center in January 1997. Only his requests were taken into
consideration.
No one from headquarters has ever contacted me to inquire or
determine to see if I needed anything, any support or any
assistance.
I was a victim. I never did anything to deserve the treatment
that I received. My emotional stress and physical problems and
those of other employees have never been addressed by the top
management within the VA. It appears that they did not care
about what happened to me or any of the other employees. They
were only concerned with assisting Mr. Calhoun.
During the period that I worked for Mr. Calhoun, I became tense
and nervous because I was so afraid of his temper and threats. I
had personally seen four letters of proposed removal, two for serv-
ice chiefs and two for assistant service chiefs, come across my desk.
I had witnessed numerous abusive conversations and mismanage-
ment actions by Mr. Calhoun. Therefore, I was afraid he would fire
me, embarrass me, and humiliate me, especially since all I was was
a secretary.
His abusive treatment was very demeaning to me as a human
being, very disrespectful to me as a lady, and very painful for me
to endure.
Mr. Calhoun also made inappropriate remarks about part of my
anatomy. I chose not to include them here. However, details can be
provided.
I have attached to my statement an outline of events giving spe-
cific dates and times of the treatment I received from Mr. Calhoun.
In addition to what I have given you that will be part of the perma-
nent record, I have personal knowledge of numerous mismanage-
ment practices by Mr. Jerome Calhoun. I chose not to include these
handwritten notes to outline the specific dates of his misuse of his
position as Director and his total disregard for VA regulations and
guidelines. I will furnish this information to the Office of the In-
spector General if I need to.
In closing I do want to say something positive about the VA. I
have worked for this agency for over 21 years. The new VISN con-
cept is going to be excellent for our veteran patients and our em-
ployees, too. Medical centers will now begin to work as teams and
not individually. The benefits should be outstanding.
 15
There should be more accountability of Directors since they will
be working together as a team, and their authority will not be au-
tonomous as in the past.
I want to say publicly that I appreciate the assistance which I
received from Dr. Gross, Dr. Alexander, Ms. Ann Patterson, and
Ms. Loretta Sauls. Their support was and continues to be outstand-
ing for me, and this is not said to make them feel better. It is what
I truly believe.
One of the best things to happen to the Fayetteville Medical Cen-
ter-and Fayetteville is my home; I have lived there 40 years-is
being under the leadership of the VISN 6 staff in Durham, NC. I
believe that by each medical center working together, and espe-
cially at Fayetteville, we can care for our patients, which truly is
what we are all about.
However, as employees, we must demonstrate our willingness to
go beyond that which is necessary and support our patients. With-
out veterans, I do not even have a job, and a lot of the people in
this room do not have a job either. We need them, and they need
us, and I know that they are what the VA stands for.
I want that medical center on Ramsey Street to be there when-
I am dead and gone and buried across the street. I want my grand-
children and my great grandchildren to say, "Mima worked there."
I want it to continue as a medical center to serve the veterans of
Eastern North Carolina.
We do care. We are good people there. We are not stupid hicks,
as we were referred to. We might not have had all of the top rated
things that Durham has because of Duke University Medical Cen-
ter, but we care about those people because that is what we are
all about and the VA is all about.
Thank you.
[The prepared statement of Ms. Dawkins, with attachment, ap-
pears on p. 170.]
Mr. EVERETT. Thank you, Ms. Dawkins.
Ms. Barefoot.
STATEMENT OF LOVIA B. BAREFOOT, DEPARTMENT OF
VETERANS AFFAIRS EMPLOYEE (RET.)
Ms. BAREFOOT. To all committee members, I appreciate this op-
portunity. Can you hear me?
Mr. EVERETT. If you could move the mic a little closer or we will
set up two mics.
Ms. BAREFOOT. I do not know if! need two, but I appreciate this
opportunity to address the atrocities to which I was subjected while
secretary to Jerome Calhoun from April of 1994--
Mr. EVERETT. Ms. Barefoot, excuse me. I believe you are going
to have to move that mic just a little bit closer if you can.
Ms. BAREFOOT. Which one or does it matter?
Mr. EVERETT. The staff, give her some assistance there.
Ms. BAREFOOT. This one? This one. Is that better?
Mr. EVERETT. Thank you.
Ms. BAREFOOT. I appreciate the opportunity to address the atroc-
ities to which I was subjected while secretary to Jerome Calhoun
from April 1994 through June 1994.
 16
Very soon after his arrival to the Fayetteville VA Medical Center
it was quite apparent that he intended to make changes not only
in the management of the medical center, but changes in personnel
as well. Within the first week of his arrival, he advised me that I
had 90 days to prove myself. I thought that a rather strange re-
mark. I had 23 years of federal service in and had held similar po-
sitions at Pope Air Force Base, NC, for 6 years prior to going back
to the VA. ,~
During the transition briefing, I was assigned to take minutes.
On the morning of the briefing, James Crocker, then Chief, Fiscal
Service, offered to go and bring Mr. Billy Hightower, Tr~sition Co-
ordinator, from the motel to the hospital. Rather than ~ccepting
Mr. Crocker's officer, Mr. Calhoun accused Mr. Crocker of challeng-
ing his authority as the new Director.
After Mr. Hightower had presented the briefing, Jerome Calhoun
stood before the group composed of service chiefs and some key
staff personnel. He walked to the front of the semi-circle in which
we were seated. He immediately held his arms away from his
sides, slowly walked a 360 degree turn, fully exposing his wrists
and hands.
When he had completed his turn, he rubbed the tops of his hands
and referenced the color of his skin.
Mr. Calhoun's management style, if you could call it that, was
one of threats, intimidation, and constant filthy language. I am not
comfortable using these words, but the "F" word was frequently
used in my presence, as well as other curse words.
In those 3 months, and which in some ways seemed like an eter-
nity, he constantly inferred that my work was substandard, was
not what he wanted, and I had better clean up my act or I would
be out of a job. This was done in the form of yellow sticky notes,
verbally, and written in the margin of finished products, such as,
"How much longer do I have to endure this?"
I found these rejections of my work and threats for dismissal to-
tally foreign to anything I had ever endured before in my federal
career. I have always taken pride in my work, tried to do my best
for my supervisors, and was recognized for this by receiving only
highly satisfactory and outstanding appraisals and incentive and
suggestion awards. Isn't it interesting to note that my performance
appraisal in March 31, 1994, just prior to Jerome Calhoun's arriv-
al, was highly satisfactory.
I soon began to live in such fear of being reprimanded and
threatened, both actions never having been necessary by prior su-
pervisors, that my fears did affect my performance. I felt I had no
one to turn to. Who would believe my word against that of a medi-
cal center Director? I was a small fish in a very large pond.
I am the type of administrative employee who likes to organize
her next day's work prior to leaving the office. On this particular
afternoon, it was around five, and he called me into his office and
gave me explicit instructions to call the regional office in Winston-
Salem about some matter.
I went to the office, made a note on the calendar, said my "good
nights" and went home. The next morning as soon as I walked in,
he yelled at me to come in his office that very instant. He exhibited
 17
so much anger that I was terrified and yet had absolutely no idea
what I had done wrong.
He began to yell at me for my insubordination and not taking my
job seriously enough. I lived with threats the entire 3 months I
worked for him, but he used his authority inappropriately. He had
no need to scream at me as I have no hearing deficit, but I asked
him what he was talking about. He responded he expected me to
take care of the regional office matter at that moment and not wait
until the next day. When I explained the late hour of his assign-
ment, after office hours, his only response was something like, "Oh,
was it that late?" Never once did he apologize.
After he told me I appeared to not take my job seriously, I began
to cry. He then asked me to step over beside his desk, and he
opened one of the drawers on the left side. Inside that drawer was
a large box of beige colored tissues. He told me they reminded him
of me, soft and beige, and that whenever he upset me to the point
of tears just to feel free to get a tissue from his desk, as they had
been bought especially with me in mind.
In May of 1994, the medical center Director was visited by Mr.
Hershel Gober, Deputy Secretary to Jesse Brown. Early in the day,
prior to the reception for Mr. Gober and unknown to Jerome Cal-
houn, Tomi MacDonough, a vet center leader, had a moment to
chat with Mr. Gober about some concerns he had for the vet center.
Later in the reception Mr. Gober asked Mr. Calhoun about these
issues and apparently took Mr. Calhoun totally by surprise.
After Mr. Gober had departed the station, while seated at my
desk, Mr. Calhoun came bursting through the main office doorway
past my desk, jerking his tie off, cursing and screaming, "That G.D.
M.F. S.O.B. MacDonough" was going to hear from him.
Tom Arnold, then Associate Director, was right on his heels try-
ing to calm him down. Mr. Calhoun slammed his office door. I just
stared in disbelief.
In a short while, he came out of his office, stepped up to my desk,
and announced that he was going jogging to de-stress. No, he did
not record his absence or other like absences. Further, I never ob-
served him using his office computer during my 3-month tenure
there.
Soon after his arrival, Jerome Calhoun called me into his office
to take dictation in response to a sexual harassment matter which
had followed him from one of the New York medical centers. All
of the criteria listed on the document, I think, were listed in an A,
B, C type of format, and each was emphatically denied by Mr.
Calhoun.
When I had taken the dictation, I was told to typewrite the re-
sponse, make no record of the female's name, and keep no copy of
that document. I was then told to give the document back to him
for mailing.
As time went by, I could see a change in me from a woman who
used to come to work thankful that she had reached the grade of
GS-8, a grade at which she would one day retire; a woman who
had excelled in facets of her personal life as wife and mother; a
woman who had successfully worked with medical professionals,
Air Force colonels, congressional liaisons, and foreign military offi-
cers for more than 20 years; to a woman who had become a timid,
 18
nervous wreck as a result of the harassing, hostile and intimidat-
ing work environment created by Mr. Calhoun; a woman who
began to dread reporting to work because that office had become
a living hell; a woman who suffered loss of appetite, insomnia,
sought medical treatment for stress related chest pain and short-
ness of breath, and would mentally replay the day's events.
After admitting to myself that all those years of devoted work for
the Federal Government was not something I could just throw
away, I requested an option to transfer to another job, which meant
an obvious downgrade as I was the highest ranking secretary in
the medical center.
The decision was not made on a whim. It was a matter of sur-
vival: mine. I had often discussed the work environment with my
husband and daughters, and each supported me in my decision to
transfer.
When I approached Mr. Calhoun requesting a transfer, he acted
surprised. He agreed to my request for a transfer only if I signed
an agreement to accept the position at a lower grade and pay level,
and that I was not coerced in doing so. This resulted in a pay re-
duction of greater than $3,000 per year.
I ask you members of this committee: do not the above state-
ments qualify as coercion, intimidation, harassment, hostile work-
ing environment, and abuse of power?
Incidentally, 1 was still within my 90-day period as this had
hung over my head like a dark cloud. I should never have had to
endure the pressure of sitting on the fence with my career at stake.
Members of this committee, I implore you to thoroughly inves-
tigate such atrocities that these other witnesses and I endured at
the Fayetteville VAMC. Investigate from the top level of the De-
partment of Affairs down.
Investigate why the Jerome Calhouns in this administration are
punished by merely transferring them from one facility to another.
Mr. Calhoun was not punished. He was removed from SES status,
but he is still drawing a $106,000-plus annual salary and living in
-the State of Florida, where he had always intended to retire.
Did the Department of Veterans Affairs officials really punish
him or merely slap the faces of his subordinates? I would like to
see this problem rectified and you, members of this committee, are
the ones to do it.
Thank you.
[The prepared statement of Ms. Barefoot appears on p. 178.1
Mr. EVERETT. Thank you, Ms. Barefoot.
Ms. Moore-Russell.
STATEMENT OF DORIS A. MOORE-RUSSELL, M.S.W.,
DEPARTMENT OF VETERANS AFFAIRS EMPLOYEE
Ms. MOORE-RUSSELL. I am a service connected veteran, and I re-
ceive all of my care at the VA Medical Center. I am also a psy-
chiatric social worker that specializes in PTSD, combat and sexual
assault PTSD, and other mental health issues.
I am alleging that I was subjected to undue stress in a hostile
environment because I did not welcome any sexual advances from
the previous Director, Mr. Jerome Calhoun. I was forced to leave
my position for 1 year, taking leave without pay, from August 1,
 19
1995, to July 31, 1996. I experienced malicious retaliation as a di-
rect result of Mr. Calhoun's actions. He used insulting, abusive and
intimidating language toward me in the presence of others. I was
consistently harassed and subjected to racial and gender remarks.
I met Mr. Calhoun for the first time on May 9 at 10:15. I met
with him to discuss the Women Veterans Program, which was my
collateral duty. Mr. Calhoun, at that time, seemed very supportive.
I thought I had developed a rapport with him. My next personnel
contact with him was on June 8th of 1994. I was admitted to the
VA Hospital because I was having a lot of medical difficulties.
Mr. Calhoun called me at home. He was at an EEOC conference
in Orlando, FL. He wanted to see how I was doing. I felt that was
odd because I had never had my supervisors call me at home, let
alone the Director.
I had served on several committees that Mr. Calhoun chaired or
visited and witnessed him making demeaning remarks to many
employees. I began to feel uncomfortable with his abusive behavior.
I was requested on July 28 to come to his office. He wanted to
see how things were going. During that meeting I told him I want-
ed to .apply for the SWALT Program (Social Work Administration
Leadership Training Program). He said, "Consider it done."
I am not going to read all of my testimony because you do have
a copy. I'm going to skip around and try to finish this up within
the allotted time.
There were several times when I met with Mr. Calhoun and we
discussed a lot of things that concerned me, the Women Veterans
Program, the overwhelming amount of responsibility that I was
completing due to my other duties.
When an announcement came in for the Regional Veterans
Women Coordinator position, I met with Mr. Calhoun that after-
noon about 4 p.m. to tell him that I wanted to apply for that posi-
tion. During our conversation, I informed him that I was given the
Women Veterans Coordinator position as a reprisal from the pre-
vious administration. He told me he was aware of the situation,
and he specifically added to me, "Doris, you were 'F'ed' by the pre-
vious administration. At least if I would have 'F'ed' you, you would
have got something out of it."
I was very shocked to hear Mr. Calhoun say that. I was very
shocked and agitated. I didn't know who I could tum to in order
to discuss what Mr. Calhoun said. I felt no one would believe me.
During this period of Mr. Calhoun's tenure, there was a lot of
people that were afraid of him. He had a lot of people that were
his supporters. I began to question myself. The things that he had
accommodated me with, for example, he had given me in one of our
meetings a cabinet from his executive suite. He also gave me as the
Women Veterans Coordinator and two of our other Women Veter-
ans Advisory Team members a trip to San Diego, CA, to attend a
Women Veterans Committee conference that was not sponsored by
the VA.
Previously he had written me several appreciation memos and
letters of recommendation. I have a copy of all the memos and let-
ters of recommendation. I felt I had his support and backing. I
began to feel hurt and confused.
 20
During the second week of December 1994, the medical center
gavG a Christmas party at the Pope Air Force Base Officers Club.
I arrived late. I was greeted by Mr. Calhoun. He gave me a hug.
His hand slid down to my chest, and he squeezed my breast with
ooth of his hands. I pulled back in shock.
He had a smirk on his face and said, "Merry Christmas, Doris."
I wanted to slap his face, but instead I mumbled something. I
rushed to the bathroom. I felt sick, and the rest of my night was
ruined. I kept wondering who could I tell. Who would believe me?
The next morning I did tell the Assistant Chief of Social Work,
Mr. Canteen. He asked me what I was going to do, I told him I
did not know. Later that day Mr. Calhoun requested me to meet
with him. I was hesitant. I was frightened because I was afraid
that Mr. Canteen told Mr. Calhoun what I had said.
But instead he did not talk about the incident at the Christmas
party. He spoke about my health issues, job stress, and my filing
for workmen's compensation. You see, I filed for workmen's com-
pensation because I was having too many medical difficulties. I
could not afford to pay for my treatment on the outside.
He became very angry, and stated, ''You shouldn't have said
what I said about Mr. Arnold. That was between you and I." He
was very belittling. He asked me to leave his office.
My worst fear happened. I received a memo from Mr. Calhoun
on January 19 detailing me from my position as the Coordinator
of the Aftercare/Outpatient Program, effective the 5th. I was con-
fused and upset. I could not understand why he wanted to take my
job. I tried to meet with him. He was demeaning, and what he was
saying did not make sense.
He kept saying, "If you would have been nice, Doris, this
wouldn't have happened to you," or something to that effect, "and
now," he said, "I don't give a damn about you."
I was very baffled and angry. I filed a grievance against Mr. Cal-
houn on the 2nd of February 1995. I wanted to know specifically
why he was detailing me.
Mr. Calhoun met with me a week later with my supervisor, Ms.
King, and the Chief of Personnel. I asked the union president to
attend with me, Mr. Paul Reid. That was a very heated meeting.
During that meeting Mr. Calhoun gave me my job back.
However, I was continually harassed. I had to sign in every
morning on the computer. I was being harassed also by my super-
visor because she was a lieutenant of Mr. Calhoun.
I wanted to know why I was being treated that way. I asked Mr.
Calhoun if I could meet with him again. He told me that if it was
of a personal nature, he would have to have a witness, and if it was
about work, I needed to see my supervisor.
Finally he did allow me to come in and talk with him. He jumped
on me about being late. He called me personally at 8 a.m. to set
up an appointment. I was not in my office. I called him back at
8:01.
I told him I wanted to make peace. He did not let me fmish my
statement. He asked me, ''Well, what else?" I discussed having to
pull weekend calls without compensation, also signing in on the E-
mail every morning, and also my supervisor briefed and assigned
duties to my supervisees without discussing the issues with me.
 21
He acknowledged that all of the above concerns were valid. He
said he would speak to my supervisor. He asked me did I under-
stand why he had a witness in his office, the EEO manager, Eu-
gene Paul. I answered no. He stated, "Because the last time we
talked, you misrepresented what I said to you about Mr. Arnold to
worker's compensation as if I supported you."
I told him I did not mind Mr. Paul being there.
When 1 met with my supervisor that afternoon at 1 o'clock, 1 told
her, "I no longer had to sign in because 1 just spoke with Mr. Cal-
houn." I was assuming that my supervisor had met with Mr. Cal-
houn. They typically meet at least three and four times daily.
She became upset and ran out of the office. She left me with Mr.
Canteen, another supervisor. When she returned a second later;
she brought the EEO manager, Mr. Eugene Paul. Mr. Canteen
asked if he should leave. She nodded.
Mr. Paul proceeded to demean me. He stated, he could under-
stand why 1 had to sign in. I informed him that the regulatipn read
that you call in if you did not plan to come to work. He stated,
"That's your interpretation." 1 asked him what was his.
Mr. Paul became very upset and ran out of Ms. King's office. He
returned a few seconds later with Mr. Calhoun. 1 thought this was
strange because all of this happened within a matter of seconds. I
felt as if the three of them were conniving to further cause me
harm.
Mr. Calhoun came in. He stood in front of the door. Eugene Paul
also stood in front of the door. My supervisor was sitting behind
her desk. I was sitting opposite of her. Mr. Calhoun kept screaming
and pointing his finger m my face. He used insensitive and de-
meaning terms. 1 lost track of what he was saying. I was trying
to keep my emotions intact.
I tried to say something, and he told me, "Shut the fuck up." I
became speechless. I just felt so hurt, trapped and I just could not
understand why they were harassing me.
Mr. EVERETT. Ms. Moore-Russell, if you need a moment, please
take one.
Ms. MOORE-RUSSELL. 1 could not understand why this was hap-
pening. I looked at my supervisor for support. She did not say any-
thing. 1 felt trapped and threaten. Mr. Calhoun and Mr. Paul were
blocking the doorway. So I could not leave. 1 felt intimidated and
helpless. Finally Mr. Calhoun realized that he had lost control with
me. He and Mr. Paul left.
I asked my supervisor Ms. King could 1 leave her office. She
nodded. A staff social worker, Dick Droney, asked me, "What's
wrong?" He added, ''You seem upset," "Who was Mr. Calhoun
screaming at?" He further stated, "I heard him say, 'Shut the fuck
up.'" I told Mr. Droney Mr. Calhoun was yelling at me.
Later that afternoon I had three patients scheduled in my clinic.
1 was too upset, tearful and shaky to see my patients. Did Mr. Cal-
houn's, Mr. Paul's or Ms. King's behaviors exhibit concern for pa-
tient care at the VA?
1 had to ask my staff to see my patients. 1 left and went to see
my psychiatrist, Dr. Cusi.
Mr. Calhoun had made explicit and implicit sexual comments to
me on several occasions. He created a hostile working environment
 22
for me because I would not meet his conditions. By touching my
breast, I feel that he has sexually assaulted me, and my rejection
of his sexual advances was used to ridicule and belittle me. He has
ruined my life. I had to leave my job for 1 year without pay. I was
denied worker's compensation. I was also denied a medical retire-
ment. I applied for medical retirement through OPM. I was denied
the above options due to deceptive information provided by the Di-
rector and my supervisor, Ms. King.
I received no support from anyone at that particular time be-
cause I was the first one that was subject to his harassment. On
behalf of my other African American co-workers and supervisors at
the VA Medical Center, we want to let the committee know that
we were informed that we could not file an EEO complaint against
Mr. Calhoun because he is of the same race. We were told that
there was nothing that we could do, and they all want you to know
that they complained initially about his abusive behavior and noth-
ing was done. No one would listen.
I also wrote Mr. Calhoun's supervisor, Dr. Moravec, as he asked
me. I sent the letter to Mississippi. Their written response to me
was neither supportive or encouraging.
I also called the Department of Veterans Affairs, Washington,
during the time I was on leave without pay to inquire about assist-
ance. However, I got the run-around. Every telephone number that
I called referred me to another office. All the numbers called were
recorded on my telephone bill. Exact dates can be produced. The
VA furlough went into effect allowing me no other attempts.
So now I implore you to continue to look into this situation be-
cause it is definitely unfair, and no one should be treated the way
myself treated and the other ladies of this panel were treated.
Thank you.
[The prepared statement of Ms. Moore-Russel appears on p. 183.]
Mr. EVERETT. Ms. Moore-Russell, thank you very much for your
testimony.
I thank all of you ladies. We unfortunately have a vote on. Ex-
cuse me one moment.
Hopefully it will not be long, although it is a procedural type of
vote that could take a little time. We hope that will not happen.
I would ask the panel to remain because we will have questions
when we get back, and at this time I will recess until we--
Mr. CLYBURN. Mr. Chairman.
Mr. EVERETT. Yes.
Mr. CLYBURN. Just before we adjourn, I neglected when I made
my statement to ask unanimous consent for a statement from Eva
Clayton, who represents this area here in this body. She has a
statement she would like entered into the record, and I ask unani-
mous consent that this be entered into the record. As I speak, Eva
Clayton is entering this room.
Mr. EVERETT. Without objection, our colleague Ms. Clayton's
statement will be included in the record, and we welcome her to
these hearings.
[The statement of Hon. Eva M. Clayton appears on p. 188.]
Mr. EVERETT. We will recess though for the vote, and we will be
back here in just a few minutes.
[Recess.]
 23
Mr. EVERETT. We will reconvene the hearing, and I apologize for
the delay. I can tell you that the floor schedule at best today is un-
predictable, but we will try to move as quickly as we can.
I am going to enter into a round of questioning now, and we are
going to ask all members to adhere to the 5-minute rule. If there
is need for a second round, we would be more than happy to do
that.
I will begin the questioning, and I would like for each of you on
the panel to respond to this. Would each member of the panel re-
spond to this question?
Do you have trust and confidence in the EEO process at Fayette-
ville? Why or why not?
And if you could, we have your written testimony. Please keep
your responses as brief as possible. We will start with Ms. Force.
Ms. FORCE. Thank you.
No, I cannot say that I have confidence in the EEO process at
Fayetteville. I made my initial complaint to the EEO not manager,
but the EEO counselor in July, the end of July.
In December we still had not received any kind of response. At
that time I did not feel as though I could go to the Fayetteville VA.
So I had given instructions that my attorney would be handling my
case.
In December she sent another letter that I have a copy of here
to the Secretary of the VA and the Associate Director of EEO, say-
ing that we seem to be having problems with lost paper work, be-
cause as I understand, mine was not the only paper work that was
lost, and to my knowledge, there has been no answer to that letter
either.
So my confidence, I was not there during all of the meetings that
they have had with the EEO investigators. I was already gone, but
I had no confidence in the EEO manager because the day that I
requested the meeting with Jerome Calhoun to ask why I was
being removed from my position since I had never been given any
kind of counseling or nothing had been said to me about poor per-
formance, they were in the process of processing our award for
achieving our maximum goal for the first time. We were one of 15
facilities recognized for consistently increasing collections by double
digits.
Mr. EVERETT. Ms. Force, excuse me, but rather than go into de-
tail, if you would just make your answer brief. I am sorry. I apolo-
gize for not having the time, but we simply do not have it.
Ms. FORCE. The EEO manager was in that meeting, and never
at any time made any comments in my defense. He was very obvi-
ously there for Jerome Calhoun and not there for me.
Mr. EVERETT. Just briefly, did your program receive a national
ranking from the MCCR Program in terms of his collection?
Ms. FORCE. Yes, sir.
Mr. EVERETT. And it was one of the top ten in the Nation?
Ms. FORCE. Well, no, it was not one of the top ten in the Nation.
We had consistently increased our collections by double digits.
Mr. EVERETT. I remember your testimony. Thank you very much.
Ms. Caruana.
Ms. CARUANA. I have no confidence with the EEO process at Fay-
etteville. I believe the manager to be biased. Mr. Calhoun was in
 24
his office for hours at a time during proceedings. I believe that he
knew what the witnesses said before he even got into the actual
investigation, so that he was able to respond to any questions he
may be asked.
During my investigation, the EEO investigator told me oft' the
record that she had never heard stories like those of my witnesses.
She said she was appalled, and I really thought I was going to win
my case.
He made a statement. He called together all black supervisors
and managers and said, "We all have to stick together," and more
or less said, "If you think I'm kidding, you saw what I did to my
secretary that I spent 10 >:ears with. She got to be too white and
I had to remove her, and If you don't think I'll do it to you, you're
wrong."
I have three black witnesses that testified that to this fact, and
the results of my EEO: she did not find in my favor. She found that
he treated everybody the same way. Therefore, I did not have a
case.
Mr. EVERETT. In other words, he was abusive of everybody. So
you do not have a case.
Ms. CARUANA. That is right. So you can abuse anybody, and be-
cause you treat everybody this way, it is fine. So why have a
system?
Mr. EVERETT. Thank you very much. Ms. Moore-Russell.
Ms. MOORE-RuSSELL. Mr. Chairman and committee, I do not
have any faith in the EEO process. The EEO manager from Fay-
etteville VA Medical Center, Eugene Paul, was in the room when
Mr. Calhoun proceeded to demean me and belittle me
Also it has been noted by many of my African American col-
leagues, that as soon as a person filed an EEO complaint, my su-
pervisor who, Ms. King, is informed of it.
I filed an EEO complaint on September 6, 1996, after I returned
to work. Since then that complaint has been said to be lost. They
have no recollection of it.
Now in order to file a complaint, you have to have a counselor.
In other words, where is the EEO counselor's copy of my complaint.
Mr. EVERETT. You were not advised you needed one?
Ms. MOORE-RUSSELL. No, sir.
Mr. EVERETT. Ms. Barefoot.
Thank you, Ms. Moore-Russell.
Ms. BAREFOOT. I am afraid I have to reflect the same statements
in that I have no confidence in the EEO in Fayetteville. Mr. Cal-
houn, as I observed, to be on a power trip. So what was the point?
Here I am one secretary against a medical center Director. There
would be no need to do it. It would not go anywhere. Those were
my feelings.
Mr. EVERETT. Thank you. Ms. Dawkins.
Ms. DAWKINS. I have never filed a grievance or a complaint.
Mr. EVERETT. I am sorry. Would you pull that mic up? I apolo-
gize, but if you would pull it closer.
Ms. DAWKINS. Thank you.
I have never filed a grievance or complaint in all the years of fed-
eral employment, and at the Fayetteville VA I definitely would not
have. I honestly believe, well, I honestly know for a fact that after
 25
working hours, because I had to work so late, that the investigators
came to the office. They did not bother to close the door. They did
not care that I heard them. They would laugh and discuss the
cases with Mr. Calhoun. They would laugh about the complainants
behind their back.
I really wanted to go and tell the people, ''You poor saps. You're
filing all these things. Nothing's going to happen, but I could not.
I never spoke about Mr. Jerome Calhoun until after I was placed
on medical leave by my doctor. I was loyal to him and to his posi-
tion until my doctor took me out and convinced me to speak up.
It took a husband and a doctor to do it.
I wanted to leave. I honestly believe in the VA system that the
EEO managers should not be at the local stations and the Director
be their supervisor. I find that a big conflict of interest because
how are you going to go against someone that is writing your ap-
praisal at the end of the year, determines whether you get another
promotion? I did not even go against him, and I am normally a
very aggressive, normal woman.
But his intimidation and his grip was so fierce that I found my-
self scared to death and did nothing, and I am ashamed of what
I became. I am literally ashamed of the woman that I became after
working with him for 8 months.
My children are not proud of me. I would not stand up. Dr. Gross
was the only one. I would not do anything because I said, ''What's
the use? They're going to laugh. They're going to say, 'These stupid
women here.'"
He laughed at everybody there. I can assure you that if I knew
where Mr. Calhoun was right now, somewhere in Florida I assume,
that he is looking at this on CNN and laughing.
''You can sax all you want, you hillbillies and you hicks." That
is what he called us. "I've still got mine." He does not care, and
I think until the VA realizes that EEO managers cannot come
under the supervision of a Medical Center Director or an Associate
Director or a Chief of Staff, who have the right to write their ap-
praisals; until they move it out of the local hospital, then I do not
think the EEO system is worth anything.
Mr. EVERETT. Thank you very much.
I will now turn to our ranking member, Mr. Clyburn for any
questions he may have.
Mr. CLYBURN. Thank you, Mr. Chairman.
I suspect that most of my questions, of course, will probably be
reserved for managers here. I am a bit disturbed though that all
of you seem not to have any confidence in the EEO process.
It seems to me, unless something has changed, that there was
a very simple procedure to move outside of the in-house EEO proc-
ess to a process outside of the agency. None of you made the at-
tempt to go outside of the internal process to the external process?
Yes, ma'am.
Ms. DAWKINS. When I was placed on medical leave, the only ve-
hicle I could determine that I could document what had happened
to me was to file OWCP. It was the only place that I could think
of in the government that I could--
Mr. CLYBURN. Can you tell me what the OWCP is?
Ms. DAWKINS. OWCP, Occupational Workman's Compensation.
 26
I filed it there and put all of the attachments, my chronological
attachment of what he had done only to me, not other things I had
seen him doing because to me a grievance in the EEO was worth-
less.
Mr. CLYBURN. Well, I understand that, but we only have 5 min-
utes here. Nobody else attempted to go outside the process?
Ms. MOORE-RusSELL. Okay. Mr. Clyburn, I was informed that as
being an African American and Mr. Calhoun an African American,
I could not file an EEO complaint, but, yes, I did make an attempt
to go outside for help. I wrote his supervisor a letter, Dr. Moravec.
He was not helpful.
Mr. CLYBURN. For sexual harassment?
Ms. MOORE-RUSSELL. For sexual harassment or anything else.
Mr. CLYBURN. Who informed you of that?
Ms. MOORE-RUSSELL. We were informed by some of the coun-
selors, and I do not know all of the names, but I was informed by
some of the counselors and the EEO manager, Mr. Paul.
I did go outside of the system. I wrote a letter to Mr. Calhoun's
supervisor, Dr. Moravec at the regional office.
Mr. CLYBURN. That is still within the system. Outside of the sys-
tem, outside of the agency to the U.S. Equal Employment Oppor-
tunity Commission, and there is a process now by which federal
employees can go to the U.S. Equal Employment Opportunity Com-
mission, but none of you made an attempt to do that?
Ms. CARUANA. I do not think any of us knew about it.
Mr . CLYBURN. Well, I think that is why I want to talk to some
management people because I do not understand why you would
not know what the procedures are to file these kinds of complaints.
Ms. FORCE. I was instructed that you had to go through that
process at the hospital, and if you did not get any results, then you
could go to this outside process.
Mr. CLYBURN. Absolutely correct, and you all said you did not get
any results. If you do not have faith in this process, you still have
got to go through it.
You know, I can understand your feeling that someone who is
being supervised by the perpetrator will not be forthcoming. I can
understand that, but when you go through that process and you
are not satisfied with it, there is a step that takes you outside of
the system, but you are telling me that none of you made any at-
tempt to go outside of the system, outside of your agency, I should
say. I am sorry.
Ms. FORCE. I was instructed that you had to have 180 days, and
it has not been 180 days since my attorney's letter went to
Washington.
Mr. CLYBURN. The 180 days is from the infraction. You have to
have 180 days from the time it happened to you, unless, as all of
you testified, it is an ongoing process. If it is a continuing process,
180 days do not matter because your 180 days could be from the
first time. It could be 180 hours from the last time it happened,
and from what you all are telling me, this is a continuous thing.
Ms. CARUANA. I filed my EEO case, and I am waiting for a court
date, which my attorney told me it will probably be around Christ-
mas time. It seems like it takes forever and a day.
 27
Mr. CLYBURN. I know of a case right now in the VA that is 11
years old. Th~t is not unusual.
Ms. CARUANA. So I am just waiting for the next step.
Mr. CLYBURN. Right.
Ms. BAREFOOT. I would just like to say this. I have been retired
now a little over 2 years, took an early out, but I think it is inter-
esting that we spent all of those hours in sexual harassment train-
ing, but we have not had the proper EEO procedure training. I
think that is something that should be looked into.
Mr. CLYBURN. You said you have not had that?
Ms. BAREFOOT. I do not recall attending it. I do not recall it
being available to me, but we did spend a number of hours in sex-
ual harassment training.
Ms. CARUANA. We have to attend 4-hour mandatory sexual har-
assment classes. It seems like we should not have to go to those.
Every year we have to attend.
Mr. CLYBURN. Well, why shouldn't you have to go to them? I
mean that is why they are there, so that you would know how to
step outside of the process.
Ms. CARUANA. Well, we have been sexually harassed, and the
perpetrator got away with it. So why do we have to continue to go
to these classes?
Mr. CLYBURN. Well, Ms. Caruana, I do not think anyone has got-
ten away with anything yet. We are all still around. He is still
around. Just because someone was transferred from one station to
another does not mean they have gotten away with anything yet.
I mean, how long has the Texaco case been going on? They may
have thought they had gotten away, but they have suddenly found
out they did not get away, and we can still remedy this. So just
because it did not happen at the time you wanted it to happen does
not mean he got away.
Maybe we will have another round of questions, but let me say
this. My interest in these is really to find the facts. For instance,
we are here to discuss sexual harassment, and at least two of you
have got some real good, emotional cases for bad management, but
there is a big difference between bad management and sexual har-
assment, and what we want to do is really differentiate between
those two things.
Now, I can understand when people tell you that you have a
problem, but it may not be a sexual harassment problem or may
not be a discrimination problem. I came face to face with that very
early in my career when a lady came to me, and I asked her. I said,
''Well, tell me. Are there any white employees in your section?"
She said, "Yes, he treats us all like dogs."
I said, "Well, where is the discrimination?"
And there is a difference, and so just because it is bad and it is
bad management really does not mean it is illegal discrimination
because it has got to be based on race or gender or age or religion,
and that is where we have the difference here.
So what we want to do in this committee is really zero in on ex-
actly what the illegal behavior is, based upon what our Constitu-
tion and what our laws are. So I am really interested in trying to
find out why you all did not see fit to go outside of the agency, and
 28
I really want to know the answer t<5 that because that to me is
what the real problem is here.
Ms. MOORE-RusSELL. Well, Mr. Clyburn, when I returned to
work in September, I was told at that time that, yes, you can file
an EEO complaint, and that is when I filed, on September 6, but
I also obtained an attorney and once you obtain an attorney, you
no longer take the active process of seeing your EEO complaint
through. You turn that over to your attorney.
Mr. CLYBURN. So you do have an attorney?
Ms. MOORE-RUSSELL. Yes, sir.
Mr. CLYBURN. Who has filed paper work for you?
Ms. MOORE-RUSSELL. Yes, sir.
Mr. CLYBURN. So your process is ongoing?
Ms. MOORE-RUSSELL. According to her, when I met with her on
Saturday before coming here. The EEO manager, Mr. Paul, at the
VA hospital told her that they cannot find my complaint. This is
what my attorney said they told her. That is what she told us on
Saturday when we met with her, and this is the EEO that I filed.
It is my copy. This is the copy that was given to them.
Mr. CLYBURN. And so the VA people told your attorney that they
have lost the complaint?
Ms. MOORE-RUSSELL. That is correct, sir.
Mr. CLYBURN. That your attorney filed on your behalf?
Ms. MOORE-RusSELL. That is correct, sir.
Mr. CLYBURN. Did somebody else say something was lost, too?
Ms. FORCE. Yes.
Mr. CLYBURN. So you filed a complaint by an attorney?
Ms. FORCE. Yes, sir.
Mr. CLYBURN. And it was lost?
Ms. FORCE. Yes, sir.
Mr. CLYBURN. Mr. Chairman, I hope that person is on the wit-
ness list who lost all of these things.
Mr. EVERE'IT. Is the individual on the witness list or by name
can you tell us who told your attorney?
Ms. MOORE-RUSSELL. Well, sir, the only thing I know is that Eu-
gene Paul is our EEO manager. So any correspondence would come
from his office with the endorsement of the Director. My attorney
received a correspondence, and she probably could tell you exactly
who she spoke with, but they do not discuss these issues with me
anymore.
Ms. FORCE. Mine would have also gone through Mr. Paul.
Mr. CLYBURN. Yours went through Mr. Paul also?
Ms. FORCE. Yes, sir.
Mr. CLYBURN. And Mr. Paul is not on the witness list.
Mr. EVERE'IT. No, he is not. We can arrange that though.
Mr. CLYBURN. I think so. We need to.
Thank you.
Mr. EVERE'IT. Thank you, Mr. Clyburn.
Mr. Buyer.
Mr. BUYER. Thank you, Mr. Chairman.
I was being a very good listener to the Ranking Member, and I
think in his experience he also uses the word "illegal." I do not
know if you are referring specifically to allegations in order to
prove sexual harassment as a violation under the Civil Rights Act,
 29
but what I defmitely have heard from testimony was some evidence
of abusive behavior that should never be tolerated by any of the
employees in the VA or anywhere.
The one thing that I am curious about is from some of the news-
paper articles and some of your testimony, we have a Director here
who was boastful about his relationship with Jesse Brown. I would
like the witnesses to share with the committee about the relation-
ship between the Director and the Secretary of the VA based on
your knowledge.
Go right down the row. Ms. Force.
Ms. FORCE. I did not have any direct knowledge of Mr. Calhoun's
relationship with the Secretary of the VA. I have been told that he
was a secretarial appointment, but I never had any direct knowl-
edge of any kind of relationship.
Mr. BUYER. Ma'am?
Ms. CARUANA. I do not know of any relationship with Secretary
Brown. I had heard stories that prior to his appointment at Fay-
etteville, Mr. Calhoun had gone to see Jesse Brown, and that is
how he got that appointment, but it could just be a rumor. I do not
know of any relationship that he had with him.
Mr. BUYER. All right. Ms. Moore.
Ms. MOORE-RUSSELL. I can say the same thing they are saying.
I have no direct knowledge, just rumors.
Mr. BUYER. Ms. Barefoot.
Ms. BAREFOOT. I have been away from the VA now for a good
while and from that front office since 1994. However, I think I re-
call seeing an autographed photo of Jesse Brown in Mr. Calhoun's
office; is that correct?
Okay. I recall making the comment about Mr. Brown's photo in
Mr. Calhoun's office, and to that Mr. Calhoun said, "Jesse Brown
and I are just like this," and held his two fingers together.
Mr. BUYER. Ms. Dawkins.
Ms. DAWKINS. I, too, recall the photos, and he did not do this to
me, but he said, ''We're tight," and he also alluded to the fact that
he was tight with Senator Helms, which shocked me because I
thought, gosh, I voted for him every time. I might not ought to say
that here, and I just could not believe that the Senator would sup-
port someone of Mr. Calhoun's character, and then I remembered
that he had two sides to his character. He had the charm side, and
he had the other side, and I just assumed that the Senator did not
see it.
But he had two photos, one with Senator Helms and then an-
other photo with the Secretary, and they were on view, and he did
allude to them at different times. He would say, "They are my
friends."
And, you know, it is intimidating when you are a GS-8 secretary.
You just sit there and think, well, nobody would believe anything
I ever said.
I would like to clarify one thing that one of you two said. Okay?
I will not take but a minute.
Mr. BUYER. All right.
Ms. DAWKINS. I am not that long-winded.
Mr. BUYER. I only have 5 minutes to ask my questions.
Ms. DAWKINS. Okay.

40-881972
 30
Mr. BUYER. If at the end of my questions you time it just right-
Ms. DAWKINS. I can butt in.
Mr. BUYER. I think members of Congress would cringe if there
was any implication with regard to relationships for photos that we
have had taken with individuals in the past. (Laughter.)
I do not want that to be a new standard.
One thing I would like you to do, Ms. Dawkins, for the record,
you were very hesitant to speak publicly about remarks that were
made about your body. If you would please provide that to the com-
mittee in writing, I would appreciate that.
One other question I have. Someone brought up something about
the New York Medical Center and a sexual harassment complaint,
and they had to do some typing on that. Which one was it?
Will you tell the committee, this New York Medical Center, this
was also part of the VA system?
Ms. BAREFOOT. Yes.
Mr. BUYER. And was there a pending sexual harassment com-
plaint against--
Ms. BAREFOOT. That is what is so difficult for me to remember
exactly. I do not recall the person's name, but I do recall, as I stat-
ed, that it appeared to be like three items perhaps that this person
from one of the two hospitals, and I do not recall which hospital,
had against Mr. Calhoun's behavior, and all that he dictated to me
were the responses to those, I think, three allegations.
But as I said, my instructions were to typewrite those, make no
record of it, make no photocopy of it, give it back to him for mail-
ing. So I am sorry I am not more helpful, but it is 3 years.
Mr. BUYER. That is all right.
Ms. Dawkins, you can time this. Go ahead.
Ms. DAWKINS. Okay. The orange button is alreadyon.
I did not ever in any statement to the Office of the Inspector
General when I was interviewed in my home while I was on medi-
cal leave, I never said Mr. Jerome Calhoun sexually harassed me.
He made an inappropriate remark about my body.
I do not mind stating it if somebody wants to hear it, but I did
not want to put it in writing now, and I do not mind putting it in
writing. Now I never, never inferred; I have never filed; I have not
contacted a lawyer because I do not believe that I was sexually
harassed. However, I was abused as a human being. It was a hos-
tile environment for our employees and patients.
Mr. BUYER. Thank you, Mr. Chairman.
Mr. EVERETT. Thank you.
Mr. Buyer, for the record, the incident you referred to about prior
sexual harassment, we have asked the VA for any documentation
they can find on that, and, again, they seem to have no record of
it, but they are looking for it. Mr. Snyder.
Mr. SNYDER. Thank you, Mr. Chairman.
Ms. Force, if I understood your statement, you had said that one
of the staff members had explained the settlement between Mr.
Calhoun and the VA to you and that once you had that explanation
you felt better about it.
Ms. FORCE. Yes.
 31
Mr. SNYDER. Could you briefly state, please, how your attitude
about the settlement changed after getting the explanation? What
was it about the explanation that was new information for you?
Ms. FORCE. Well, I do not think that it was my attitude toward
the settlement. Maybe I misrepresented what I was thinking. Just
the fact that someone had taken the time to explain why they did
the things that they did.
You know, the only thing I had read was the IG report and the
statements that were in the Florida and Fayetteville newspapers,
which from those accountings was presented as though he was re-
warded with where he wanted to be in Florida.
Mr. SNYDER. And what is your understanding now that why
what was done was done?
Ms. FORCE. It was explained to me that all of the attorneys that
reviewed the sexual harassment case felt that it was a strong case,
but when it went before Personnel, they were afraid; some of them
were afraid that it was not strong enough because the Merit Pro-
motion Standards Board had overturned another case from another
agency that was even stronger than this case. They wanted Jerome
Calhoun removed as Director, and they did not want to take a
chance that he would just be given a suspension and go back as
Director.
Mr. SNYDER. So the fear was--
Ms. FORCE. Made this deal.
Mr. SNYDER. I have got you. So if they had run with your com-
plaint and lost, he would have still been Director of the VA. Okay.
Ms. FORCE. And everybody would have lost.
Mr. SNYDER. And, Ms. Caruana-am I saying your name right?
Ms. CARUANA. Caruana.
Mr. SNYDER. Caruana. Did I understand you in your testimony
to say you had worked for Mr. Calhoun for several years, like 8 or
9 years? 9 years?
Ms. CARUANA. Nine years.
Mr. SNYDER. Was there a difference in his management style for
those first 9 years versus the period of time that we are talking
about now?
And I guess what I am getting to: should the VA have been on
notice during that period of time that perhaps this is not a fellow
that ought to be promoted up through the system?
Ms. CARUANA. I will explain this as best I can. When I worked
for him in Buffalo, he was the Associate Director. He had a super-
visor physically over him.
When he went to Fayetteville, he was the Director. He did not
have anybody physically over him right there in the same building.
His supervisor initially was in Jackson, MS.
So, therefore, he had all of this power. This was his kingdom
now.
Mr. SNYDER. So were you surprised to see--
Ms. CARUANA. Yes.
Mr. SNYDER (continuing). Mr. Calhoun acting the way he did in
his new kingdom?
Ms. CARUANA. I mean, you know, he got a little crazy in Buffalo
at times.
 32
Mr. SNYDER. But nothing that you apparently were fearful of be-
cause you made the move to come to work for him.
Ms. CARUANA. I did not see that side of him.
Mr. SNYDER. I understand.
Ms. CARUANA. And with the directorship, like I said, came this
power and I think that that is what happened. It just went to his
head.
Mr. SNYDER. Yes. Mr. Chairman, I think those are all of the
questions that I have at this time.
Thank you.
Mr. EVERETT. Thank you, Mr. Snyder.
The chair recognizes our Ranking Member, Mr. Evans.
Mr. EVANS. Mr. Chairman, I apologize for my absence, but I real-
ly appreciate this panel's testimony. You have been on for quite
some time, so I will try to keep it short.
Can each you describe to the members of the subcommittee what
you knew about the complaint process, the EEO process, during the
time that you were exposed to Mr. Calhoun's conduct?
And have you or any other employees that you know ever partici-
pated in sexual harassment sensitivity training within the VA?
Ms. FORCE. I do not know about sexual harassment sensitivity
training. We have had 4 hours of mandatory sexual harassment
training, and we were in the process of doing that when Jerome
Calhoun was appointed to the Fayetteville VA.
I was so afraid of what would happen to me when I was actually
at the Fayetteville VA that I never seriously considered going
through the EEO process. I knew Eugene Paul was Mr. Calhoun's
right-hand man. You could not do much with EEO unless you went
through that office, even if you went to the counselors, as far as
I knew. Everywhere I went people said, "Don't even attempt it. You
know, it's ridiculous. Don't even think about doing it."
So until I got away and realized that I was still a victim and the
victimization was not going to end until I took some steps and I
obtained an attorney also, and the attorney made the initiative to
contact the EEO because I was still too fearful to do anything at
that point in time.
Mr. EVANS. All right.
Ms. CARUANA. I was petrified to file an EEO complaint. I knew
that once I did it, it was going to be over for me.
I went to see an attorney. We all have the same attorney, and
I told her about what I was experiencing, and she told me that I
should file an EEO complaint, but I waited a few months to do so
because I just knew that he was going to go off and become a luna-
tic, and I was petrified.
I came down here to work with this man, and I did not know
what he was going to do. So I went ahead and filed the complaint,
and I am waiting to go on to the next step. They did not find in
my favor, and we all have to attend 4 hours of mandatory sexual
harassment training each year.
Mr. EVANS. All right. Ms. Moore.
Ms. MOORE-RuSSELL. First of all, I am part of management. I ti.n
a supervisory social worker, and, yes, I have had some training or
the EEO process, but, no, I did not file an EEO complaint earlier
because I was told that I could not because of our ethnicity.
 33
But once I returned to the VA, yes, I did file an EEO complaint.
One of the things I have to tell you is that I was very embar-
rassed and ashamed by the fact that I had to undergo such an or-
deal with Mr. Calhoun because I am a clinician, and like I said,
I counsel people who have to go through sexual assault and sexual
trauma, but for me to have to go through the same thing myself
and being a manager that supervised others and deal with patients
on a regular basis, it was very embarrassing, and so, no, I did not
pursue it through the proper channels.
Mr. EVANS. Can I ask you a direct question about what you do?
You are a veteran, too; is that correct?
Ms. MOORE-RUSSELL. Yes, I am.
Mr. EVANS. So just what do you think is the likelihood if we have
people such as Mr. Calhoun within the VA that women veterans
returning from the Persian Gulf or from other duty assignments,
coming back and making claims of sexual harassment while they
were in the military; what kind of faith or credibility would they
have within the VA if we have these kinds of problems among the
people that are supposed to be treating veterans?
Ms. MOORE-RUSSELL. They will not have a lot of faith in the VA.
At our Fayetteville VA in reference to sexual harassment, one of
the things that happened since I have returned to work is that I
am not allowed to assist with women veterans who are experienc-
ing sexual trauma because I was told that my training as a sexual
trauma therapist is outdated.
It does not make sense. I have a Master's degree in social work,
but because of the hostile environment, I am not allowed to utilize
my skills as a sexual trauma counselor. A lot of the women veter-
ans that I had seen previously asked that I continue to counsel
with them, but I am not allowed to do so.
Mr. EVANS. If your training is outdated, what year did you get
your Master's in social work?
Ms. MOORE-RUSSELL. 1986.
Mr. EVANS. 1986. I am running out of time. I am sorry, but I
would like to maybe explore that with you. It just seems to me that
it would be very difficult for us to get women veterans to come into
the VA if, in fact, the VA is having widespread problems with sex-
ual harassment itself.
So I maybe could talk to you before you leave. I would like to.
I would just like to ask the last two if they could make their com-
ments brief about the previous question.
Mr. EVERETT. Absolutely.
Ms. BAREFOOT. I do not recall the EEO training of the proper
procedure to do things, but I will have to say that I was absolutely
scared to death of this man and fully aware that he was the Direc-
tor. He made that perfectly clear.
Because of my retirement, my early retirement, I did speak with
the same lawyer that these ladies have talked about, and she said
because I was retired I had to go through this in a different man-
ner, and she referred to it as an Office of Special Counsel, and to
day nothing has been done for me.
Mr. EVANS. Okay. Ms. Dawkins.
Ms. DAWKINS. I have attended the mandatory sexual harassment
training. In the last year I have worked in the Director's office, and
 34

there was not time to attend other training that is mandated, but
I have never attended any EEO.
I am going to say something that you might not like to hear. I
thought it was all for the counselors and supervisors, and I am a
26 year-plus federal employee, and I did not know that EEO train-
ing was offered to someone who was not a supervisor.
Mr. EVANS. Okay. Thank you.
I assume that none of you were contacted or consulted by the VA
when they were deciding what action to take against Mr. Calhoun.
[Chorus of nays.]
Mr. EVANS. Okay. Thank you.
Thank you, Mr. Chairman, for your indulgence.
Mr. EVERETT. Thank you, Lane.
The chair now recognizes Mr. Bilirakis.
Mr. BILIRAKIS. Thank you, Mr. Chairman.
Mr. Chairman, I want to truly commend you for giving the oath
to these witnesses because, you know, some of these things that we
have heard from them, they knew that they were under oath, and
they are certainly all very responsible people with a great deal of
experience and education, and I think it is even more impacting,
their testimony, as a result of that.
And insofar as EEO is concerned, the process, Mr. Clyburn spent
a lot of time on that. He obviously knows more about that process
than any of us do, I think, and obviously more than any of the wit-
nesses, and I just wonder. We are talking about what is it, the fox
counseling the henhouse or whatever the proper term there is?
We make the laws, and maybe with Mr. Clyburn's help we can
take a look at that area. Putting ourselves in the shoes of these
witnesses, as well as others who are not here, they would be scared
to death. I think even I would be scared to death to bring a com-
plaint when I know dam well that my boss or bosses are part of
the counseling system and that all of those counselors work con-
ceivably for the person who they are complaining against.
So there is really something wrong there, and I think, Mr.
Clyburn, you certainly would recognize that, and I think we ought
to work on it.
Mr. EVERETT. Would the gentleman yield?
Mr. BILIRAKIS. By all means.
Mr. EVERETT. There is not only that situation of them counsel-
ing, as you put it, the fox counseling the henhouse. There is sworn
testimony that they laughed and joked about this.
Mr. BILlRAKIS. Yes, that certainly is true, and again, under oath.
That is sworn testimony.
Ms. Caruana, regarding the dream that the gentleman had and
the question that it could be worth your while if you actually did
sleep with him, did you tell the IG about that?
Ms. CARUANA. Yes, I did.
Mr. BILlRAKIS. You did, and the IG found against you, did he?
Ms. CARUANA. The IG found that I may have been a biased wit-
ness because he had told them that I was just making my com-
plaint as retaliatory because I was reassigned.
Mr. BILIRAKIS. As retaliatory.
Ms. CARUANA. And I was upset that the IG did not fmd in my
favor because there were no witnesses. I said to them afterwards
 35
that I do not think too many people are sexually harassed in front
of anybody.
What he said to everybody was there were no witnesses.
Mr. BILlRAKIS. Yes.
Ms. CARUANA. But I do not think too many people are going to
say that somebody said or did this, knowing that they have got to
go through all of this.
Mr. BILIRAKIS. Who is Susan Odom, Ms. Caruana, and what hap-
pened to her?
Ms. CARUANA. Susan Odom was the Associate Director's sec-
retary in the Director's office when I was there. She has since
resigned.
Mr. BILlRAKIS. And that is it?
Ms. CARUANA. I believe she is living in Florida.
Mr. BILIRAKIS. Where in Florida? Do you know?
Ms. CARUANA. I do not know. I originally heard she was in Jack-
sonville, and then I have heard she is in the West Palm Beach
area.
Mr. BILlRAKIS. Okay. Do you have any personal knowledge of
anything that might have happened to her or involved her that
might be pertinent to this hearing?
Ms. CARUANA. Yes, sir.
Mr. BILIRAKIS. Share that with us.
Ms. CARUANA. After I was in the office for about a month, it be-
came clear to me that there was something going on between Mr.
Calhoun and Susan Odom. I was not allowed to take a lunch. I had
to be at my desk all the time. I was not allowed to take leave when
he was not there, yet Susan was allowed to leave the office every
day, go and pick up his cleaning, go to his post office box and get
his mail, and pick up lunch for him.
There were several incidents that happened, and I went into Mr.
Calhoun's office, and I said, "Something has got to be done. What's
going on with you and Susan has to stop. You've worked 25 years
to get where you are, and you're going to lose it all, and I don't
think she's worth it."
And said to me, ''You've come to the brilliant deduction that I'm
'F-ing' her. So what?"
As a friend, I was concerned. I just said, ''You've brought this
into the office, and it is disrupting the office, and the entire medi-
cal center."
And after that he seemed to make my life more miserable. I
guess that was none of my business, and I should have not said
anything.
Mr. BILlRAKIS. So you were basically concerned about him?
Ms. CARUANA. Yes.
Mr. BILIRAKIS. When you made these comments?
Ms. CARUANA. Yes, I was. After that, she eventually got a pro-
motion, and then she resigned, I believe, 2 days before the an-
nouncement was made that he was being reassigned to Florida.
Mr. BILIRAKIS. All right. Let me ask very quickly here. I know
that Ms. Barefoot is no longer a VA employee. She took retirement
a couple of years ago. Have any of you experienced any type of re-
taliatory action since you agreement to testify before this sub-
committee?
 36
Ms. Force? Very quickly, if you would all maybe respond.
Ms. FORCE. No, sir.
Mr. EVERE'IT. No. Ms. Caruana.
Ms. CARUANA. No, I am just looked at like I am from another
planet, but I cannot consider that retaliatory.
Mr. BILIRAKIS. Ms. Moore-Russell.
Ms. MOORE-RuSSELL. Well, I was told I could not take advanced
payment for this trip and everyone else was informed that they
could.
Mr. BILlRAKIS. And in your opinion that is retaliatory?
Ms. MOORE-RusSELL. Yes, because the employee travel clerk is
one of Mr. Calhoun's lieutenants. I met my supervisor in the hall
the morning that I was leaving, and she said, ''Well, I would ask
Ms. Moore a question, but perhaps she don't have time to give me
a testimony."
Mr. BILIRAKIS. Ms. Dawkins.
Ms. DAWKINS. No, I have not.
Mr. BILIRAKIS. Ms. Barefoot, I know you have been gone a couple
of years. Do you have anything you wanted to say in that regard?
Ms. BAREFOOT. In regard to what, Susan Odom or--
Mr. BILIRAKIS. Retaliatory action.
Ms. BAREFOOT. Oh, no, sir.
Mr. BILIRAKIS. Thank you.
All right. Thank you, Mr. Chairman.
Mr. EVERE'IT. Thank you.
Ladies, we know from 4 years ago, to continue this line Mr. Bili-
rakis brought up, that witnesses such as yourself have had con-
cerns about reprisals. If you believe that you are experiencing re-
prisals because of your testimony, this subcommittee wants to
know.
I would consider included, but not limited to that, any isolation
you experience, any comments made toward you, and as I said, I
do not limit it to that. That would also, for instance, include any
non-communication from VA to any correspondence that you have
given to your supervisors.
I can assure you that this subcommittee takes this dead serious,
and I want to put VA on notice now that I will use the subpoena
powers of this subcommittee to subpoena anyone that VA has not
taken appropriate action against if these complaints are filed.
I want to again thank you very much. I thank you for your cour-
age. I thank you that you have taken the time to be up here, and
hopefully this committee meeting, unlike the one 4 years ago, will
lead to a different set of circumstances for the handling of these
type cases, where hospital directors and senior supervisors are not
simply either retired or given a plush assignment somewhere else.
Thank you very much.
The chair will now recognize Ms. Ronnie Blumenthal, Director,
Office of Federal Operations, Equal Employment Opportunity Com-
mission, and ask her to introduce her counsel.
 37
STATEMENT OF RONNIE BLUMENTHAL, DIRECTOR, OFFICE OF
FEDERAL OPERATIONS, EQUAL EMPLOYMENT OPPOR-
TUNITY COMMISSION ACCOMPANIED BY NICHOLAS M.
INZEO, DEPUTY LEGAL COUNSEL

STATEMENT OF RONNIE BLUMENTHAL

Ms. BLUMENTHAL. Thank you, Mr. Chairman.
With me today are my colleagues, Nicholas Inzeo, the Deputy
Legal Counsel for the EEOC, and several staff members from the
Commission: Elaine Hirschkowitz of the Legal Counsel's Office, and
two other senior officials with the Office of Federal Operations,
Robert Walker and Ed Elkins.
Shall I?
Mr. EVERETT. Yes.
Ms. BLUMENTHAL. 1 will excerpt my statement.
Mr. EVERETT. 1 beg your pardon?
Ms. BLUMENTHAL. Do you wish me to excerpt my statement?
Mr. EVERETT. Yes. Thank you.
Ms. BLUMENTHAL. Thank you, Mr. Chairman.
Thank you for the opportunity to appear before you today.
While the statutes the EEOC enforces require Federal Govern-
ment agencies to comply with our decision, EEOC has no coercive
authority in the federal sector. Although we can issue orders at the
appellate level and most are followed, unlike the private sector, we
cannot take a federal employer to court to resolve a complaint of
discrimination.
However, within the framework established by the statutes, reg-
ulations and directives governing the federal EEO process, each in-
dividual agency has great flexibility in the structure of its EEO
program. Some agencies have independent offices reporting directly
to the head of the agency. The EEO program at the Department
of Veterans Affairs is under the direction of a Deputy Assistant
Secretary for Equal Opportunity, who reports to the Assistant Sec-
retary for Human Resources and Administration.
Agencies operate their field installations, again, in a very flexible
manner. It varies very widely from department to department.
What 1 would like to do is give you a brief overview of the EEOC
complaints process and the basic aspects of that process.
The process begins, as the previous witnesses have testified,
when a federal employee or applicant contacts a counselor, and
counseling is a requirement as the first step, and it permits infor-
mal resolution. Many government agencies are using alternative
dispute resolution techniques at this stage.
The counselor is supposed to provide the complainant with infor-
mation on the process, including the time limitations involved. The
counselor also contacts management and attempts to assist the
parties in achieving resolution.
The role of the counselor is to facilitate early resolution, not to
advocate either party or recommend specific terms of a resolution
agreement. Many agencies use full-time or collateral duty coun-
selors. According to the reports filed with us by DVA, they use col-
lateral duty counselors. They have regular jobs and then do coun-
seling as a collateral duty.
 38
At th~ ehd of counseling unless the matter is resolved, the ag-
grieved person must be given written notice of the right to file a
formal EEO complaint and instructions on how to file it.
The aggrieved person can go formal and file a complaint with the
f':ceral agency against which the complaint is directed, and as Con-
gressman Clyburn said, after 180 days of filing a formal complaint,
any Federal Government employee in any government agency has
the right to come to an EEOC office and ask for a hearing.
The parties may extend various time limits, but basically after
180 days of going forward, of filing a formal complaint, a federal
employee can request a hearing at the EEOC.
If the complaint is not dismissed and they do not ask for a hear-
ing, an agency must conduct an investigation and develop a com-
plete record. Many agencies have full-time investigative staff, while
other federal agencies contract with outside organization.
In fiscal year 1996, the Department of Veterans Affairs con-
tracted for 59 percent of its investigations. The remainder were
conducted by collateral duty investigators.
After the investigation or if it hasn't been completed and the
complainant requests it, the agency must supply the complainant
a copy of the notice and of the file information, informing them of
the right to ask EEOC for a hearing.
If the complainant does not want to go the hearing route and
asks for a final agency decision, the agency must issue it within 60
days.
I should also inform you that the complaint also has Ii completely
independent right to file a civil action in U.S. district court within
90 days of receipt of the agency's final decision, if they have not
filed an appeal. If they file an appeal with the EEOC, they still
have the right to go to U.S. district court.
They can also file a civil action, again, 180 days from the filing
of an EEO formal complaint. They can come to the EEOC for a
hearing or they can go right to U.S. district court.
If the complainant requests a hearing and the case is assigned
to one of EEOC's administrative judges who are located in 40 of-
fices around the country, the judge has the option of assisting the
parties in considering settlement, but the judge also has the au-
thority to order discovery or the production of documents and em-
ployee witnesses and can issue findings of fact and conclusions of
law either from the bench or can issue it in writing.
And after the AJ's final decision, the agency has to issue a final
decision. An agency may reject or modify the Administrative
Judge's ruling, but they have to issue a conclusion.
At that point the complainant can come to the EEOC in Wash-
ington and file an appeal. Both parties are allowed to file briefs on
the appeal.
When it is issued, both parties are notified that they have a right
to request full review by the entire membership of the EEOC, the
five presidential appointees confirmed by the Senate. If an appel-
late decision orders compliance action or a finding of discrimination
is made, the EEOC monitors that action.
I just wanted to give you a few statistics, some with regard to
DVA and some with government-wide statistics. In 1995, 10,000
 39
people, 10,000 federal employees requested hearings from the
EEOC.
With regard to OVA, for 1995 you will note that I submitted a
chart for the record. The department had 8.36 percent of total fed-
eral workers, 8.01 percent of total complaints, and 14.10 percent of
the sexual harassment complaints, the formal complaints.
Thank you. I will be happy to answer any questions following
Mr. Inzeo's testimony about sexual harassment.
[The prepared statement of Ms. Blumenthal, with attachment,
appears on p. 189.]
Mr. EVERETT. All of that testimony will be entered into the
record.
Ms. BLUMENTHAL. Thank you, sir.
Mr. EVERETT. Let me ask you what is the legal definition of sex-
ual harassment, including what is-oh, I am sorry. Excuse me.
Please go ahead.
STATEMENT OF NICHOLAS INZEO
Mr. INZEO. Thank you, Mr. Chairman and members of the com-
mittee.
My name is Nicholas Inzeo. I am the Deputy Legal Counsel for
the Equal Employment Opportunity Commission, and I appreciate
the opportunity to appear before you today to discuss the legal
issue of sexual harassment in the work place.
Sexual harassment in employment is a form of unlawful sex dis-
crimination that violates Title VII of the Civil Rights Act of 1964.
In 1980, the EEOC issued its guidelines on sexual harassment at
29 CFR Section 1604.11, which made clear that unwelcome sexual
conduct in the work place is unlawful when, one, submission to
such conduct is made either explicitly or implicitly a term or condi-
tion of an individual's employment; two, submission to or rejection
of such conduct by an individual is used as the basis for employ-
ment decisions affecting such individual; or, three, such conduct
has the purpose of effect of unreasonably interfering with an indi-
vidual's work performance or creating an intimidating, hostile or
offensive working environment. Conduct can be of a physical or
verbal nature.
Sexual harassment is unlawful only if it is unwelcome to the per-
son claiming harassment. Unlawful though means that the person
complaining of harassment did not solicit or incite the conduct and
regarded it as undesirable or offensive.
There are two primary categories of sexual harassment: quid pro
quo and hostile environment. Although these claims are theoreti-
cally distinct, the lines between them are often not clear, and they
may occur together.
Quid pro quo harassment occurs when a supervisor makes sub-
mission to sexual conduct a condition for job retention, promotion,
or any tangible job benefits. Quid pro quo harassment can be ex-
plicit, as when a supervisor says to a subordinate that he will fire
her if she does not engage in sexual conduct.
Alternatively, sexual harassment can be implicit, as when a su-
pervisor makes sexual advances to a subordinate, is rejected, and
shortly thereafter fires her or takes other adverse action. In the
latter example the subordinate can establish a violation of Title VII
 40
if she proves that her rejection of the supervisor's advances was a
motive for her termination or other adverse action.
An employer is automatically liable for quid pro quo harassment
by a supervisor. This is because the employer is responsible for the
supervisor's use or abuse of the powers delegated to them.
In 1986, the Supreme Court issued its decision in Meritor Sav-
ings Bank v. Vinson, affirming the EEOC's definition of sexual har-
assment in its guidelines. The Court recognized that sexual harass-
ment violates Title VII when it creates a hostile work environment
even if no tangible harm is threatened.
This type of harassment can occur when anyone in the work
place, the supervisor, the co-worker, or even a non-employee, sub-
jects an individual to unwelcome sexual conduct that is sufficiently
severe or pervasive to create a hostile or abusive work environ-
ment.
In 1993, the Supreme Court elaborated on the legal standard for
establishing a hostile environment in Harris v. Fork Lift Systems,
Inc. The Court there held that a complainant need not prove that
she suffered psychological harm as a result of the harassment.
Rather, she must establish that a reasonable person would have
found the conduct sufficiently severe or pervasive to create a hos-
tile environment.
Justice Ginsberg put it even more simply. "It is sufficient to
prove that the harassment altered the working conditions so as to
make it more difficult to do the job."
Courts are split as to when an employer is liable for hostile envi-
ronment harassment by a supervisor. Most courts recognize that
companies are always liable for misconduct by a high level official,
such as a company president. This is because the actions of such
individuals are considered to be tantamount to the actions of the
employer.
The legal standard though is less clear with regard to sexual har-
assment by other managers and supervisors. In the Meritor case,
the Supreme Court held that normal agency principles should
apply.
Some courts have then held that under those principles, an em-
ployer is not responsible for hostile environment harassment by a
supervisor if it had an explicit policy, it took action against offend-
ing employees, and the complainant did not notify higher manage-
ment of the harassment.
Other courts and the EEOC have held that the employer is liable
under agency principles wherever its supervisors used or were
aided in its powers delegated to them by the employer. In such cir-
cumstances, preventive and corrective action by the employer
would not eliminate liability, but could reduce the amount of dam-
ages awarded against it.
One issue that has arisen in some recent hostile environment
cases is whether Title VII is violated when an individual in a work
place is abusive and sexually harasses both men and women. Such
an individual might be called an equal opportunity harasser.
Since sexual harassment is a form of sex discrimination, a female
complainant must prove that she would not have been subjected to
the harassment had she been a man. Many courts have found
where an allegation has been raised that abuse is directed at both
 41
men and women, that sexual harassment still occurs where it is
more pervasive, more severe, or where it is sexual in nature to-
wards the women, but not sexual in nature towards the men.
I hope that this testimony has provided the committee a fuller
understanding, and I will be happy to answer any questions that
you may have.
[The prepared statement of Mr. Inzeo appears on p. 194.]
Mr. EVERETT. It has, and thank you very much. You have co-
opted some of my questions already, but I do have a couple more
that I would like to ask.
Setting sexual harassment aside for a moment, and you have
heard sworn testimony this morning of the abusive cursing, threat-
ening behavior of this particular Director, is that in itself, when as
I said we have sworn testimony that there are witnesses to it; is
that in itself reason for dismissal?
Mr. INZEO. Mr. Chairman, I would not want to comment on the
particular instances here since there are matters that have been
filed, since there have been EEO complaints filed that may come
before EEOC.
Mr. EVERETT. Well, let me ask it another way. What constitutes
a reason for dismissal when the Director threatens and verbally
abuses an employee?
Mr. INZEO. And answering generally and hypothetically, Mr.
Chairman, misconduct by a federal employee can occur where that
federal employee or manager is abusive of employees. Such abusive
behavior can also constitute sexual harassment if it is aimed at em-
ployees of one sex more than another or where it is sexual in na-
ture towards women and not towards men.
If that sexual harassment were to occur, then that would be a
violation of Title VII and would be actionable.
Mr. EVERETT. The 180 days that you have mentioned and that
our colleague, Mr. Clyburn, had mentioned earlier, how do we as-
sume that the employee knows that they have 180 days?
Ms. BLUMENTHAL. Throughout the process, from the moment
they walk into counseling, employees are supposed to be given ver-
bally and in writing, by their employing agencies, documents which
in lay language explain what the time limits are and what their
rights are.
EEOC has made documents available to federal agencies to dis-
tribute to their employees. We try and do as much outreach within
our resources as possible, but by regulation, employees are to be
notified of all of these time limits by their employing agency.
Mr. EVERETT. Okay. To make sure I understand your answer cor-
rectly, when these ladies and if these ladies filed an EEO com-
plaint, they should have been given by the local EEO officer a writ-
ten and oral statement of what their options were in reference to
the 180 days?
Ms. BLUMENTHAL. Well, with regard to the process, asking EEOC
for a hearing after 180 days after they go formal, is supposed to
be explained to them in the counseling process. The counseling
process is not the formal part. It is supposed to be an informal res-
olution technique, and after a certain number of days, usually 30,
if the complainant is unhappy, they do what in the Federal Govern-
ment is called "going formal," and at that point the 180 days kicks
 42
in. They are to be notified that they can come to the EEOC after
180 days.
Mr. EVERE'IT. These folks responsible for giving that advice, is
there a report on each individual incident that they are required
to file with EEO or with VA?
Ms. BLUMENTHAL. Yes.
Mr. EVERE'IT. And is there a checklist for what they have done?
Ms. BLUMENTHAL. There is no checklist, but each agency is man-
dated to report to the EEOC annually the number of counseling
contacts. It is not broken down, and it is frequently not broken
down even between headquarters and field installations, but the
number of contacts with the counselor, certainly the number of peo-
ple who have gone formal and then once they come to the EEOC.
We keep very precise records of how many people have asked for
hearings--
Mr. EVERE'IT. In other words, if a person contacted an EEOC offi-
cer, you would have no way of knowing whether a report was made
or not?
Ms. BLUMENTHAL. Whether they were informed, no, but we
would have a knowledge that the counselor was contacted.
Mr. EVERE'IT. By name?
Ms. BLUMENTHAL. By name of the counselor, no. By agency. An
agency would report on a report that they must file.
Mr. EVERE'IT. Help me understand this a minute.
Ms. BLUMENTHAL. Surely.
Mr. EVERETT. Are we talking about a total number here or are
we talking about some sort of checklist so that we know the coun-
selor performed the duties by regulation they were required to
perform?
Ms. BLUMENTHAL. There is no checklist. It is the total number,
your first statement.
Mr. EVERETT. Okay. Thank you very much.
Ms. BLUMENTHAL. Thank you.
Mr. EVERE'IT. I yield to our Ranking Member, Mr. Evans.
Mr. EVANS. Thank you, Mr. Chairman.
Does the EEOC keep records of the number of sexual harassment
complaints that are found to have merit compared to those that
found that there is no cause?
And if you do, do you have a breakdown that compares substan-
tiated allegations against VA employees compared to other federal
agencies?
Ms. BLUMENTHAL. We keep some records, sir, but not in the
exact format that you described. Because of the way federal em-
ployee cases drop out in the system, we would have no way of
knowing settlement by issue. Sexual harassment is viewed as an
issue, as opposed to the basis, which is race, color, creed, sex, reli-
gion, national origin, disability, and age. Sexual harassment is a
subset of sex discrimination.
We do not have it by issue, and we do not have settlements by
issue. So you cannot tell if it falls out of the system. It is frequently
a meritorious case that has been settled.
We can, for the record later, send information up as to the data
we do keep.
 43

Mr. EVANS. Do you have any way of trac~g when an individual

makes a complaint whether the person they are complaining about
has had previous settlements or penalties assessed against them?
Ms. BLUMENTHAL. The EEOC government-wide does not with re-
gard to individuals. The whole scheme of Title VII in the private
sector and in the Federal Government is not geared to an individ-
ual. It is not like tort suits. It is geared towards the agencies.
Mr. EVANS. I see. All right. Now, the statistics you provided seem
to indicate that in 1995 VA employees constituted about eight per-
cent of the federal work force. Yet 14 percent of the total sexual
harassment allegations against federal agencies were directed at
the DVA.
Does this seem like a particularly high percentage of sexual har-
assment claims against the VA?
And if so, how would you account for such a figure?
Ms. BLUMENTHAL. Again, I do not know. It is higher than their
number of complaints in general. You are absolutely right, but I
have no specific knowledge of exactly where they were filed or
when.
We put this data together for this hearing. So I have no specific
knowledge, but it clearly is just numerically out of proportion be-
cause they have 14 percent of the government-wide complaints.
Mr. EVANS. All right. Thank you very much.
Thank you, Mr. Chairman.
Mr. EVERETT. Thank you, Mr. Evans. Ms. Bilirakis.
Mr. BILIRAKIS. Thank you, Mr. Chairman.
And I particularly appreciate the information that both of you
have imparted to us.
Ms. BLUMENTHAL. Thank you.
Mr. BILIRAKIS. You have answered, again, some questions on
definitions, if you will, and that sort of thing.
Fourteen point one percent of sexual harassment complaints that
have been filed, that is total sexual harassment complaints that
have been filed, were attributable to the DVA, to the Department
of Veterans Affairs, right?
Ms. BLUMENTHAL. That's correct.
Mr. BILIRAKIS. All right, and that is filed outside of the agency
and outside of the department? Is that what we are referring to
here?
Ms. BLUMENTHAL. The filing is the formal complaint process that
kicks off the lBO-day period that the Chairman was talking about.
Mr. BILIRAKIS. Yes.
Ms. BLUMENTHAL. It is not counseling. The women who testified
before we testified were basically talking about the counseling
process.
Mr. BILIRAKIS. Right.
Ms. BLUMENTHAL. The 14.10 percent were people who have filed
formal complaints of discrimination.
Mr. BILIRAKIS. All right. Now, your job is a very important one,
and I commend you. You have oversight of the equal employment
opportunity complaint process in the federal sector, and it says in-
cluding the hearings and appellate processes. Do you have some re-
sponsibility for the counseling portion?
 44
Ms. BLUMENTHAL. The counseling portion is done exclusively in
federal agencies themselves.
I should mention one other aspect. It is publicized, but we are
not sure every government employee knows this. When there is a
cross-cutting complaint against a high official, there are a small
group of EEOC employees in my office, in the Office of Federal Op-
erations, who can, on request, investigate and counsel people, but
only on request. It is a very small group of people, and it has to
be a crosscutting complaint.
Mr. BILIRAKIS. Requests on the part of whom?
Ms. BLUMENTHAL. Generally of the complainant and of the agen-
cy. They frequently feel that there is nobody in their own agency
or they pull people from other parts of the agency, and sometimes
it can start as early as the counseling process.
Mr. BILIRAKIS. All right.
Ms. BLUMENTHAL. But that happens perhaps 20 times a year. So
the vast majority, sir, are counseled within their own agency.
Mr. BILIRAKIS. All right, but that is basically what I am trying
to get to, and I appreciate your answer. In other words, you do not
know how many EEOC cases have taken place in each individual
agency or department?
Ms. BLUMENTHAL. How many?
Mr. BILlRAKIS. That have not been, so to speak, appealed to the
upper level?
Ms. BLUMENTHAL. We know how many counseling contacts have
been made, how many people walk into a counselor's office, but we
do not know if somebody comes in or we cannot tell if it is more
than one contact and we know how many people have gone formal.
You can extrapolate some numbers and determine these cases.
Mr. BILIRAKIS. Well, but the young ladies who testified-I do not
know-I guess it looks like three of them have an attorney, and so
apparently they are bringing their cases higher, to the higher level.
You would not know that their cases were heard by the VA EEO,
at that particular level, and whether or not those cases were
brought forward to the higher level? You would not know that?
Ms. BLUMENTHAL. If they went formal, we would know that, but
specifically--
Mr. BILlRAKIS. So you cannot tell this committee, then, what per-
centage of total EEC complaints took place in the VA that ended
at that point and that were not appealed? I am going to use the
word "appealed." I am not sure if it is appropriate.
Ms. BLUMENTHAL. We can tell how many cases went to counsel-
ing and how many cases went formal, and from some math we can
extrapolate.
Mr. BILlRAKIS. Oh, you can tell how many went to counseling?
Ms. BLUMENTHAL. Yes, yes, but we cannot tell if they went to
counseling more than once. Sometimes we cannot tell if it was set-
tled or if the person just decided it wasn't-many people come to
counseling with work place disputes that have nothing to do with
discrimination, and they are settled then and there on the spot. It
is a work place dispute that may involve a compensation issue that
has nothing to do with any kind of discrimination.
Mr. BILIRAKIS. All right.
 45
Ms. BLUMENTHAL. And a lot of people go to counseling and find
out that they really need to go to their personnel officer.
Mr. BILlRAKIS. Yes, all right. Of course, I am talking about coun-
seling at the level that these women talked about.
How much leeway does Title VII give the departments and agen-
cies in establishing the EEO process? And does each department
and agency have exactly the same process?
Ms. BLUMENTHAL. The process of counseling, going formal, hav-
ing an investigation or a hearing and going to appellate is exactly
the same.
Mr. BILlRAKIS. All right.
Ms. BLUMENTHAL. But how they structure it, no. Because of the
vast variety of government agencies, there is a great amount of
flexibility built in for agencies as a result of their own structure.
Some have many offices offshore. Some are all in the continental
United States. It varies a lot. A lot of it has to do with geography,
but there are many other variables that agencies--
Mr. BILlRAKIS. Well, Ms. Blumenthal, you were in the room, I
guess, when they testified, were you not?
Ms. BLUMENTHAL. Yes, sir.
Mr. BILlRAKIS. And you heard their testimony. You also heard
them say that they were not advised that they could appeal it to
another level, and I am sure that their testimony was truthful be-
cause they were under oath.
Ms. BLUMENTHAL. Certainly.
Mr. BILIRAKIS. Don't you find because you care-you are in a job
because you care; otherwise you cannot do your job.
Ms. BLUMENTHAL. For 27 years.
Mr. BILIRAKIS. Twenty-seven years. Well, don't you find some-
thing wrong with the process when you hear that kind of testi-
mony, the fact that these people would, I think, reasonably be con-
cerned and be frightened and not expect and they alioeady told us
they did not expect any good results from the EEO process; don't
you find something wrong with all of that?
And if you do, are you in a position to make any recommenda-
tions to the Congress in terms of changes maybe that should take
place?
Ms. BLUMENTHAL. I am not in a position to make any rec-
ommendations to the Congress as an operational staff person, but
I do think that we will be in contact with a variety of people to
make sure that people know, particularly at DVA, what their pro-
cedural rights are and are given to every employee at the Depart-
ment of Veterans Affairs. Operationally we can do that without a
great deal of difficulty.
Mr. BILIRAKIS. With all due respect, Mr. Chairman, if I may, how
about this fox guarding the henhouse concept at that level?
Ms. BLUMENTHAL. There has been a lot of dispute in the federal
community and up in Congress for the past 10 years about that
issue, and as I said, I am an operational office director, and my job
is to implement whatever the Congress and the executive branch
does. There has been a long series of hearings and disputes on this
issue as to whether a~encies should investigate themselves with re-
gard to EEO complamts, and Congress has received a variety of
pieces of legislation that have been introduced on that issue.
 46
Mr. BILlRAKIS. But you cannot make any recommendations?
Ms. BLUMENTHAL. Personally.
Mr. BILIRAKIS. You can personally, right?
Ms. BLUMENTHAL. No. Personally I am an operational office di-
rector, and I implement whatever the Congress decides.
Mr. BILlRAKIS. Come on now. I want a better answer than that.
(Laughter.)
Ms. BLUMENTHAL. There has been a debate--
Mr. BILIRAKIS. And I am sure you can give me a better answer.
What keeps you from doing so?
Ms. BLUMENTHAL. There has been a debate about this for many
years with regard to whether or not agencies should do the prelimi-
nary investigation themselves, and the Commission recognized that
in 1992 when they passed regulations giving that lBO-day right.
That only came to the fore in 1992 because they felt that agencies
should not have their own timetables. They should operate on a
government-wide timetable.
And so since 1992, there has been a seachange in the number of
hearings requested, and that has given a lot of employees the abil-
ity to go outside their agency and come to us.
Mr. BILlRAKIS. Well, my time is long up. Thanks for your indul-
gence, Mr. Chairman.
Thank you. Thank you.
Mr. EVERETT. Before I go to the long suffering and patient Mr.
Snyder, I would remark that I should have mentioned earlier that
all panels will be expected to respond to written questions that
members may have and may submit to them at a later date.
And, secondly, any reference to the fox guarding the henhouse
should be considered as a reference to the fox guarding the hen
and/or rooster house. (Laughter.)
Mr. Snyder.
Mr. SNYDER. Thank you, Mr. Chairman.
I want to pick up where Mr. Bilirakis left off there because, I
mean, I think what we are about here is to do some air clearing,
but also to look for lessons learned. I mean it does not do any good
to sit here for what, I think, is going to tum out to be about B
hours if we do not look to what we can do to make some changes
so that these kinds of events do not happen again.
The issue of the directors and the manager, the henhouse issue
here. Mr. Inzeo, do you have any comments about that?
I mean there are agencies, I think, where you can set up some
controls. For example, should there not be perhaps some special
rules with regard to when the alleged harasser is the director of
the agency? I mean, Mr. Gober is a smart man. He is sitting there
in the back. Are there some lessons learned from your experience
from other agencies that the VA might adopt in order to keep this
situation from happening again?
Mr. INZEO. I am not sure that I can tell you that there are other
experiences that I am aware of. I can tell you though that we are
concerned with the issue of what would appear to be--
Mr. SNYDER. Home cooking.
Mr. INZEO (continuing). Called sometimes conflict of interest.
Mr. SNYDER. Yes.
 47
Mr. INZEO. Or conflict of position, where an individual who is al-
leged to have discriminated has some control over the process.
Mr. SNYDER. Right.
Mr. INZEO. The peculiar set-up at the VA center that the wit-
nesses discussed would appear to make that situation worse, where
the EEO manager on site reports to in this instance the individual
who was alleged to have discriminated.
Mr. SNYDER. Right.
Mr. INZEO. We have within general guidelines in our regulations,
and we have a management directive that is applicable to all agen-
cies, attempted to warn agencies that they should not allow those
types of conflicts to exist.
We do not have the ability to know when they do exist. However,
we would certainly counsel agencies against that.
Mr. SNYDER. So, Mr. Brown and his staff, if they choose, by to-
morrow they could change their policy in some way so as to make
this problem go away. There does not need to be legislation. Is that
what you are saying?
Mr. INZEO. I mean, they could, for instance, delegate differently-
the EEO responsibilities for the agency. There are some agencies
that have a central EEO office in Washington, and that office is re-
sponsible for all of the EEO offices around the country.
Mr. SNYDER. I see.
Mr. INZEO. And that way the EEO manager would not be under
the supervision of a local director.
Mr. SNYDER. All right. So there are some things that they can
do without statutory change. Okay.
Mr. INZEO. Yes.
Mr. SNYDER. I have got the Inspector General's report here, and
just the conclusions. Our review determined Mr. Calhoun sexually
harassed one of the three females. We conclude his behavior to-
wards the other two was abusive, threatening, and inappropriate,
and also that Mr. Calhoun was less than truthful, which raises
doubt about his credibility.
Now, does this not look like a guy, if those are the conclusions,
and I do not know Mr. Calhoun, that ought to be kept as a Direc-
tor?
Is it your experience that Mr. Gober's and Mr. Brown's hands are
tied? I mean there is some information out there that the goal was
to somehow work out a way to remove him as Director. Have our
Civil Service laws got to the point where I have got evidence I have
got a lying, harassing, abusive, threatening-well, I will not come
up with my own conclusions-but somehow all we can do is to come
up with a settlement? I mean is that where the employment laws,
the protections for federal employees have got us, that we now are
protecting lying abusers?
What I am leading up to: do we all need to do some work in that
area?
Mr. INZEO. I would not want to make any comments about the
particular allegations raised today.
Mr. SNYDER. Right. Let me put it this way. If you are in a top
level management position working for the Federal Government,
you know, even if you are a lying abuser, it is going to be pretty
hard and you have got pretty good job security?
 48

Mr. INZEO. I can tell you from my experience, and I believe that
Ms. Blumenthal would say the same thing, that in our experience
upper level managers should and are held to a higher standard. We
would expect that, and I think we would expect it of others.
Mr. SNYDER. Okay. All right. Let me go on to another one, if I
can.
The issue, and I asked Ms. Force, I believe it was, about when
the settlement was explained to her, as a general matter when you
have a complaint-and I do not want to talk about this case-but
when you have a complaint that has been made and apparently the
agency at some level has decided that there is some confirmation
for the story, but they get into this problem of it is going to be a
tough case and it is going to be overturned; as a general matter of
course, should that agency-you know, basically it is a plea bar-
gain-should they be sitting down as a matter of policy with the
complainants and layout the facts? You know, we could go for
murder I, but we are going to take murder II because of a proof
problem.
Or do you think that that is not something-do you understand
what I am getting at here? I do not mean set in rules, but more
as a matter of policy?
Ms. BLUMENTHAL. That is just what you said. It is very hard to
set rules in this area.
Mr. SNYDER. Right.
Ms. BLUMENTHAL. Because personnel policy and human re-
sources policy, private sector or federal sector, it tends to vary case
by case. As Mr. Inzeo said, there are cases where senior level offi-
cials have been very harshly disciplined. There are others where
settlements are reached with all parties.
It is like litigation. Each case, particularly if it involves a group
of people as this one seems to, is handled differently. Unless there
is a confidentiality agreement, usually the relief is explained to all
parties if you are talking about government-wide. It usually is ex-
plained. People who have complained generally know what
happened.
Mr. SNYDER. But it apparently was not in this issue.
I have some other questions. Mr. Chairman, if you decide there
is a second round, I will be armed and ready.
Mr. EVERETT. Thank you, Mr. Snyder.
I would say to this panel, and if you would not mind, we could
submit those questions for the record, and I am sure that they
would respond.
Much of what we have heard so far today is kind of deja vu. Four
years ago we went through a lot of this. The VA had an oppor-
tunity to correct some of the situations that exist today, and I
think that is one reason that Mr. Evans and I are considering leg-
islation, statute changes, if you will, that would address these
problems.
I do thank this panel for appearing before us today and for your
testimony.
Ms. BLUMENTHAL. Thank you, Mr. Chairman.
Mr. INZEO. Thank you, Mr. Chairman.
Mr. EVERETT. Yes. I think it is only fair that since I swore in the
first panel, that I swear in your panel. Mr. Gober, would you all
 49
please approach the table and raise your right hands and repeat
after me?
[Witnesses sworn.J
Mr. EVERETT. Thank you. Please be seated.
Mr. Deputy Secretary, thank you. I welcome you, and I thank
you very much for coming today, and I would ask you to introduce
your panel.
Deputy Secretary GOBER. Thank you, Mr. Chairman. It is my
pleasure to do so.
I have with me on my left here the Assistant Secretary for
Human Resources and Administration, Eugene Brickhouse. Next to
him is the Deputy Assistant Secretary for Equal Opportunity, Mr.
Gerald Hinch. The Honorable Mary Lou Keener, the General Coun-
sel of the Department. Dr. Jule Moravec, who is the Chief Network
Officer for the Veterans Health Administration, and Dr. Leroy P.
Gross, who is the Director of the Veterans Integrated Service Net-
work No.6, in which Fayetteville, NC, falls.
Mr. EVERETT. Thank you very much.
We will receive your testimony. If you could summarize it, we
will make sure that your complete testimony is put in the record.
STATEMENT OF HON. HERSHEL GOBER, DEPUTY SECRETARY,
DEPARTMENT OF VETERANS AFFAIRS ACCOMPANIED BY
GERALD K. HINCH, DEPUTY ASSISTANT SECRETARY FOR
EQUAL OPPORTUNITY; HON. MARY LOU KEENER, GENERAL
COUNSEL; JULE D. MORAVEC, Ph.D., CHIEF NETWORK OFFI-
CER, VETERANS HEALTH ADMINISTRATOR; LEROY P. GROSS,
M.D., DmECTOR, VETERANS INTEGRATED SERVICE NET-
WORK NO. 6

STATEMENT OF HON. HERSHEL GOBER

Deputy Secretary GoBER. Thank you, sir.
I have submitted a written statement that I ask be included in
the record, and I will summarize my statement as quickly as pos-
sible.
Mr. EVERETT. Without objection, so ordered.
Deputy Secretary GoBER. Mr. Chairman, and members of the
committee, I appear before you today on behalf of Secretary Jesse
Brown and the Department of Veterans Affairs to testify about
VA's policies and practices regarding sexual harassment and other
forms of discrimination in the work place.
This has been a matter of utmost importance to Secretary Brown
and myself from the very beginning, as I know it has for this sub-
committee.
I was sworn in as Deputy Secretary of the Department of Veter-
ans Affairs on February 4, 1993. One week later I was in Atlanta,
GA, at the VA Medical Center there dealing with a terrible sexual
harassment case that we had inherited and which has been ref-
erenced here today.
While I was there, I promised our employees-or my associates,
as I like to call them-that this administration would not tolerate
anything that would keep them from devoting their full attention
to what we are supposed to be doing: serving veterans.
 50

Secretary Brown and I have worked very hard ever since to ful-
fill that promise, and I will assure you. I know this committee is
upset, but no one is more upset than Secretary Brown and I and
all of those employees of the Department of Veterans Affairs who
are loyal workers and who do not like to see the department's
name drug through the mud because it sticks to all of us.
These people are wonderful. They have done a good job, and we
are very proud of them.
Very early on, Secretary Brown established the policy of zero tol-
erance for sexual harassment and other forms of discrimination
within the department. I cannot overstate how strongly I support
this policy. Secretary Brown made the policy, and it is my duty as
the chief operating officer to enforce it.
No level of harassment will be tolerated or condoned. Any and
every allegation of sexual harassment or discrimination will be
thoroughly investigated, and when evidence supports the allega-
tion, the VA will take actions to protect victims and discipline of-
fenders within the range of options allowed by law.
In saying this, however, it is relevant to clarify that zero toler-
ance does not mean that all offenders will, in every instance, be re-
moved from federal service. Sexual harassment and discrimination
can encompass such a broad range of conduct that removal from
federal service may not always be the most appropriate or legal
remedy.
Secretary Brown and I have done everything that we know to
support the zero tolerance policy regarding sexual harassment. He
has issued letters to all VA employees expressing his strong com-
mitment to diversity, equal employment opportunity, and the pre-
vention of sexual harassment.
The Secretary has asked every one of our employees to join him
in making the effort needed to uphold this commitment. In count-
less speeches to our VA associates, he and I both have both empha-
sized and reemphasized this policy. Every speech I have made
where I speak with our VA employees, I talk to them about the fact
we want them to be able to come to work in the morning, be treat-
ed with dignity and respect, and be free from any kind of fear that
distracts them from doing their job.
Consistent with these efforts, the department has developed a
program designed to prevent sexual harassment and discrimination
by all employees, not just by senior executives. The program takes
a three-pronged approach: communication, training, and policy
development.
The Secretary issued his first all employee letter in 1993 and has
issued numerous ones since then. Every employee has gone
through 4 hours of training, and then we have 2 hours remedial
training every 2 years. Secretary Brown and I have been through
all of those trainings.
We have an ongoing training program for managers and super-
visors concerning VA's equal employment programs and respon-
sibilities. We have significantly improved the training for our EEO
professionals to include counselors, investigators, and program
managers.
In the area of policy development, we have established formal re-
quirements that all allegations of sexual harassment be elevated
 51
above the field level facility for a high level review to determine
whether intervention is necessary to protect an employee from
harm, pending a full investigation and resolution of the allegations.
In order to encourage the employees to bring forward their alle-
gations and protect them when they do this, in May of 1993 we es-
tablished a requirement for a high level review of all complaints of
reprisal and retaliation. For those employees who wish to remain
anonymous, we established a sexual harassment and discrimina-
tion hotline.
Other relevant policy developments include, but are not limited
to, streamlining of the formal EEO complaint processing proce-
dures; development of performance standards for senior executives
to improve work force diversity and meet timeliness requirements;
clarification of penalties for misconduct so there can be no question
that sexual harassment and discrimination are actionable offenses,
punishable by anything from reprimand to removal for a first
offense. -
Attached to my written testimony which I submitted to you, Mr.
Chairman, is a comprehensive chronological list of the actions Sec-
retary Brown has taken to deal with the issue of sexual harass-
ment. The list is long and far-reaching because, as I have said be-
fore, the Secretary and I firmly believe in the institution and en-
forcement of a zero tolerance policy throughout VA.
Over the past 4 years we have had nine cases involving senior
management officials in which we have taken action based on alle-
gations of sexual harassment or related matters. In seven the ex-
ecutives resigned or retired. The other two instances the executives
were taken out of the Senior Executive Service and placed in a
lower grade position. _
I would like to address briefly the case that precipitated this
hearing, that of the former Director of the Fayetteville VA Medical
Center, who was alleged to have engaged in sexual harassment.
Following an investigation, VA management seriously considered
proposing his removal from federal service, but a review of the
facts in the case created significant doubt that the evidence could
sustain a removal action on appeal to the Merit System Protection
Board or in the courts.
As a result, a negotiated settlement was reached with the Direc-
tor. To date the former Director steadfastly denies the allegations.
The agreement insured the Director's removal from the medical
center, from the directorship of any VA facility, from the Senior Ex-
ecutive Service, and from any supervisory position, but it permitted
him to continue as a government employee without loss of pay.
I fully understand and appreciate that some view VA's decision
to reach that agreement as indicative of a lack of management's
concern about sexual harassment, or possibly as a VA practice of
protecting senior managers from the consequences of improper ac-
tions. I want to assure you, Mr. Chairman, and the members in the
strongest possible terms that it does not.
If the verifiable evidence had been such that management was
reasonably confident that the Merit System Protection Board or the
courts would have sustained removal from federal service, then
that action would have been pursued to its conclusion.
 52
It is important to reiterate that management felt it was ex-
tremely important from the standpoint of both the provisions of
health care services to our veterans and the work environment for
our associates at this facility that the former Director be removed
from his management position and relieved of all supervisory re-
l!ponsibilities as rapidly as possible.
Accordingly, VA entered into a settlement with him under which
he was transferred out of the Fayetteville VA Medical Center. He
also resigned, as I said earlier, from the Senior Executive Service
and was reduced in grade and rank to a nonsupervisory GS-14
position.
By these actions, management achieved what was considered to
be the most critical objectives. I fully understand that this decision
will be second-guessed by some. However, we believe that, given
the facts and the circumstances of this case, it was the best option
available to us.
One of the problems that emerged from the case in Atlanta, that
I mentioned earlier at the beginning of my statement, was the fact
that responsibility for investigating allegations of harassment rest-
ed with the facility Director. If the Director was the subject of the
complaint, you can see that we had the classic situation of, as we
say in Arkansas, "the fox guarding the chicken house."
That situation no longer exists. Now if there is a complaint about
sexual harassment at any level, I dispatch an investigative team,
completely independent of the Director or division or even the
Under Secretary, to check out the allegations. As the chief operat-
ing officer of the department, I have the authority to do this, and
I will make sure that when we send in these teams, and there is
sexual harassment involved, there will always be high-ranking
women on the team.
What concerns us most about the Fayetteville matter is that it
has damaged VA's standing with some of our women employees
and the women veterans that we serve, and this is most regret-
table. As I have stated earlier, we have taken serious actions over
the past 4 years to try to insure that all of our employees have a
work place where they feel secure and safe from discrimination and
harassment of any kind.
We believe it is very important not only for their well-being, but
for our ability to provide veterans with the health care and other
benefits and services they deserve.
To strengthen our employee protections further in light of this
case, the Secretary has recently established the following new re-
quirement. In any matter of allegations of sexual harassment or
other misconduct against senior VA executives, the Secretary now
requires that the allegations and recommendations for dealing with
these situations be brought to the attention of a committee drawn
from the senior staff in our VA headquarters here before action is
taken to resolve this matter, and I will be heavily involved in the
review of these cases, and then the recommendation will be made
on the settlement.
Our position is that matters of sexual harassment and other
forms of discrimination are considered most serious and will re-
ceive the highest level of scrutiny.
 53
We have recently, Mr. Chairman, conducted a survey of all of our
employees throughout the VA to find out their perception on how
the VA handles sexual harassment. That report is due by June,
and at that time we will be mote than glad to share that with you.
To insure this survey was conducted in an objective manner, we
went to an outside contractor, a professional contractor.
In addition, Secretary Brown is in the process of composing and
writing another letter to all of our employees to make sure that
they understand that they are free to come forward. The letter will
remind our employee of the means available to them to deal with
any problems they may encounter in these areas. We are optimistic
that these new measures will help us in our efforts.
And, Mr. Chairman, I would like to say in closing here before we
begin the questioning that when I sat her this morning and lis-
tened to these ladies talk about they felt they were abandoned, I
was appalled. I was upset. They are a member of our family, and
for them to be out on a limb and feel like they were by themselves
is wrong. Without even arguing the merits of the case or talking
about any subsequent litigation, the fact is we have worked very,
very hard to make everyone feel like they are a member of the VA
family, and today I spoke to each of these ladies and told them that
we will make sure that they receive the assistance that we can give
within the law at their locations.
Now, Mr. Chairman, we are ready to respond to your questions.
[The prepared statement of Deputy Secretary Gober, with attach-
ment, appears on p. 197.J
Mr. EVERE'IT. Thank you, Mr. Chairman.
Secretary Brown was invited to the hearing today, and I am real-
ly disappointed he was unable to make it, but I do appreciate you
coming. I have great respect for Secretary Brown and I respect the
candor and frankness of the discussions that you and I have been
able to have on other matters, and I have great confidence that you
will try to do exactly what you say you will do.
I have concern, though, that there is a "good 01' boy" network out
there, and that there is a culture at VA which very much needs
changing. I am not sure whether you share that same belief about
the culture.
I would say that I am pleased that Secretary Brown initiated and
has been highly visible in promoting the VNs zero tolerance policy
on sexual harassment. It appears, however, that some of VA's most
senior career officials did not get the message.
You are the department's chief operating officer, and your will-
ingness to appear and give an official explanation of Fayetteville
and sexual harassment issues in the VA is appreciated, and I ap-
preciate your comments that you closed with.
You know that we are going to ask some hard questions, but I
do want to keep it constructive with the good government objective
of identifying, addressing, and solving problems.
Mr. Secretary, many VA employees and members of the public
believe that the VA has a culture, as I mentioned, of tolerance for
misconduct and mismanagement by senior officials. Just read the
newspapers from Florida, North Carolina, and New York. The only
way to overcome this is to meet it head on and do something about
it.
 54
In the case that we are hearing about today, Mr. Calhoun, a VA
Medical Center Director, had a pattern of abusive behavior appar-
ently even before becoming a Director. Yet VA seems to be much
more concerned, and that is the testimony that we have heard here
today and it is the feeling, I think, of the majority of this commit-
tee, that VA is much more concerned about Mr. Calhoun than the
rank and file employees who are on the receiving end.
The VA's solution was to arrange a transfer to Florida and to cre-
ate a new position for Mr. Calhoun where he would be paid more
money than when he was a medical center Director, over $106,000,
and also to a location where he already owned a home. The "Club
Med" treatment has literally been met with derision by VA employ-
ees, as well as by editorial writers who, as you are aware, have
mighty sharp pens.
Mr. Secretary, I would like to ask you how much did you person-
ally know about the Calhoun case as it was pending in VISN 6 and
in VA Washington's headquarters.
Deputy Secretary GOBER. Yes, sir. I will be glad to answer that,
Mr. Chairman.
We were concerned about the management there because there
had been complaints coming out of there before these sexual-and
everybody stop me if I misspeak here-before the sexual harass-
ment came to the forefront.
Let me back up a little bit. We have no record of any, or we have
been unable to find any record about any, misconduct in Baetavia.
When Mr. Calhoun left Batavia, he was promoted to an SES and
moved to Fayetteville. We have from the IG file a form that says
they had no complaints pending against him.
So if there is something out there, we did not know about it. We
have searched back through our files. That is not to say there is
not something there in Buffalo. I am sorry, but we did not have
any information.
When the investigation started in Fayetteville, Dr. Moravec came
in to brief me on the situation down there and told me what they
were doing and wanted the delegation of authority to deal with the
disciplinary situation there. That is not unusual. As you know, in
government also not only have we been trying to push for the
elimination of sexual harassment and discrimination. We have also
been trying to let people make decisions at the lowest level
possible.
We are now moving back in the other dh-ection in this area, but
anyway, I signed over the delegation of authority to Dr. Moravec,
and I was aware that the case was going on and that it was getting
to be pretty serious.
When it came to me, they told me what the settlement was. My
reaction to it was: is that the best deal you can get? Could we have
gone to court? And it was explained to me that the people who
looked at the case thought that the chances of prevailing might not
be as good as they should be, and the last thing I wanted was to
go before the MSPB, have it reversed, have to pay all kinds of at-
torney fees, maybe have to pay some other kind of monetary
award, and put a person anywhere they wanted to go.
So, based on the merits, the decision was made to do this.
 55
Mr. EVERETT. At this time I would like to ask unanimous consent
that all members have 10 minutes to question this panel and that
we possibly have a second round.
In checking his previous employment record, did you check both
locations or just Buffalo?
Deputy Secretary GOBER. I am informed both locations.
Mr. EVERETT. Both?
Deputy Secretary GoBER. I would say this though. Really I do
not think there was really a requirement to check both. Only when
you promote someone to an SES is it required to check this, but
we are going to close that gap also. We are going to shut the barn
after the mule got out, but another mule will not get out.
Mr. EVERETT. I surely hope you are right.
Deputy Secretary GoBER. Well, we are going to do the best we
can, sir. You know, we are a huge agency, 240,000 people, a huge
agency, and I saw the figures here about how many more com-
plaints we are having. Well, I take a different sfin on that. I hope
that indicates that our people are starting to fee like that they can
come forward without fear of retaliation.
I think we are making some progress. We will never be perfect,
but we will try our best.
Mr. EVERETT. Mr. Secretary, you are welcome to look at it that
way, but I would observe that other people would look at it in an-
other fashion and would have perhaps the same right to do so.
The problem seems to be if I told you, "Mr. Secretary, look out
the window there. It is snowing," and you looked out the window
and you did not see any snow, and I suggested that you would not
see any snow, then you would not believe it was snowing, and I do
not know that VA has demonstrated in any way that they have the
concern they are telling me about today for the employees, and it
is pretty apparent to me that the concern is more in alignment
with these senior officials and department heads.
Now, you said that you felt like the settlement that you got was
the best deal you could make. Who made that decision, and did
they have benefit of counsel? And did counsel agree with that
decision?
Deputy Secretary GOBER. I am going to ask Dr. Moravec and Dr.
Gross, who were intimate in the details of this, to comment on
that, if it is okay with you, sir.
Mr. EVERETT. Yes, sir.
Dr. MORAVEC. I would like to respond to that and then ask Dr.
Gross to deal with more specific details.
In this kind of a situation and in this situation, Dr. Gross, who
is our highest level field executive, has responsibility for making
decisions about what it was we were dealing with, and he was very
thorough, in my view, in trying to track the information coming ul-
timately out of the IG report and what he could glean from discus-
sions with some on the EEO activities and processes, and would
frequently call me to share with me what he was experiencing,
what he was feeling and seeing.
He was, of course, the contact to the various principals, the medi-
cal center Director at that time, Mr. Calhoun, and the regional
counsel, the personnel experts, and so forth, as is the way it gen-
erally works in the field where we use that counsel very closely.
 56
And as it evolved, it became apparent that we were ultimately
not certain and felt that we would very easily or very possibly, per-
haps not easily, be overturned, and the objective that we--
Mr. EVERETT. Excuse me. When you say "we," do you mean coun-
sel advised you might be overturned?
Dr. MORAVEC. No, I mean the VA. When I say "we," I mean
VHA, the Veterans Health Administration as--
Mr. EVERETT. Why would you not seek counsel's opinion on that?
Dr. MORAVEC. We did.
Mr. EVERETT. And counsel confirmed that the case might be
overturned?
Dr. MORAVEC. No. Let me see if! can be more clear.
Mr. EVERETT. I appreciate that. What I am interested in is know-
ing did you seek counsel and did counsel say that this case would
be overturned. Be as specific and short as you can, please.
Dr. MORAVEC. Yes. I will defer to Dr. Gross since he was the one
that was on the scene making those contacts.
Mr. EVERETT. Thank you, sir.
Dr. GROSS. Thank you, Mr. Chairman.
I would like to say, first of all, that I am a newcomer to the VA.
I joined the VA in 1995, in November from the private sector and
look forward to the opportunity of serving the VA and the veterans,
many of whom are my colleagues in the military.
But to answer your question, when the IG report was con-
summated and I reviewed the IG report with my regional counsel,
they reviewed the testimony. We consulted about what the next
step is, and this is obviously a learning process for me. I have
never been through this process in the VA before.
Mr. EVERETT. Dr. Gross, excuse me. We will come back to this
a little bit later, but what I really would like is a yes or no answer.
Did you seek counsel on this and did counsel advise you that this
case could not be made?
Dr. GROSS. I sought counsel on it. Counsel presented to me a
wide range of choices based on the table of penalties, and the deci-
sion was ultimately left up to me in consultation with other VA
specialists.
Mr. EVERETT. Did they make any recommendation at all?
Dr. GROSS. They did not make a recommendation one way or the
other.
Mr. EVERETT. Okay. Thank you. I will have additional questions.
If the committee will allow me, Secretary Gober, from a previous
statement by Secretary Brown we understand there have been
cases with 12 senior VA officials. I think you referred to nine. I as-
sume the difference is the Atlanta situation.
Deputy Secretary GOBER. Yes, sir. Since we came in 1993, there
has been nine.
Mr. EVERETT. Nine who have been demoted or have retired to
avoid disciplinary action in the past 5 years for sexual harassment
offenses.
Please inform the subcommittee of the general circumstances of
each case, including whether it involved VHA or DVA officials, the
type of offense, when it occurred, and the disposition.
Deputy Secretary GOBER. Would you like that in writing, sir, or
would you want--
 57
Mr. EVERETT. If you have got it now, I would like it now.
Deputy Secretary GOBER. I think we have that.
Mr. EVERETT. Let me ask you some questions. How many of
these people were allowed just to retire?
Deputy Secretary GOBER. Seven out of nine, sir.
Mr. EVERETT. Okay. What was the nature of the complaints
against these seven?
Deputy Secretary GOBER. I would point out, Mr. Chairman, some
of these people were told to retire because if they did not retire,
charges were going to be filed against them, and they chose to
retire.
Mr. EVERETT. Did anybody receive a $25,000 buyout?
Deputy Secretary GOBER. Yes.
Mr. EVERETT. Let me get this straight. You told somebody to re-
tire or they were going to have disciplinary action taken against
them, and then you gave them a $25,000 buyout?
Deputy Secretary GOBER. I am not sure that this individual was
one of the ones we told to retire.
Mr. Hinch will answer this question while I am--
Mr. EVERETT. Yes, sir.
Mr. HINCH. Mr. Chairman, what happened was this particular
individual you are talking about was aware that an allegation had
been made against him and that we were beginning to investigate
the actions and everything. At that time we had the window open
for buyouts. So he decided it was in his best interest to jump out
and take hold of a buyout before the matter was concluded.
Mr. EVERETT. And there was nothing that we could do to pre-
clude or keep a person who had a disciplinary action of this nature
pending against him from getting a buyout?
Mr. HINCH. We had not gotten that far with it.
Mr. EVERETT. I beg your pardon?
Mr. HINCH. We had not gotten that far with it.
Mr. EVERETT. All right.
Mr. HINCH. It means he was aware that there was an allegation
against him that has begun to be investigated. It means that he
was aware of what he had done and what he felt the outcome
would probably be.
Mr. EVERETT. I will yield to the gentleman.
Mr. HINCH. Excuse me?
Deputy Secretary GOBER. The investigations.
Mr. HINCH. Investigations.
Mr. EVERETT. But you do not have to give it. That is a discre-
tionary thing. You do not have to give somebody a buyout.
Mr. HINCH. I did not give him a buyout, sir.
Mr. EVERETT. Somebody did.
Mr. HINCH. I am saying the buyout offer window was open at the
time that he decided to leave. I have nothing to do with buyouts
or personnel matters in that regard.
Mr. EVERETT. Mr. Secretary.
Deputy Secretary GOBER. He was not under formal investigation
at the time. He just knew what he had done, and the buyout win-
dow was open. So he jumped in the life boat. .
Mr. EVERETT. Mr. Secretary, my time has run out for this round,
and I do appreciate the patience of the members of the panel, but
 58
let me just say that we have got a situation here where somebody
had an obvious charge made against him and somebody gave him,
and, by the way, this is discretionary. They did not have to do it-
gave him a $25,000 buyout.
Deputy Secretary GOBER. But if the person did not know that the
investigation was going on, if it had not--
Mr. EVERETT. Well, why didn't the person?
Deputy Secretary GOBER. If it had not reached that point sir. I
mean, if it had not reached that point and he was one of those hun-
dreds or whatever people that wanted a buyout and his position
was targeted for a buyout, he got in there, and he got lost in the
crowd.
Mr. EVERETT. It would not have been flagged?
Ms. KEENER. If I might make a comment, Mr. Chairman. If an
individual seeks a buyout and because there is an investigation
going on that has not been concluded at the time, everyone is fortu-
nately considered to be innocent until proven guilty.
If the individual asks for a buyout and that buyout was then de-
nied, that person could come back and sue us for retaliation be-
cause of the ongoing investigation. So there are a lot of--
Mr. EVERETT. Even though a buyout is discretionary and it does
not have to be given?
Ms. KEENER. If we chose not to give him the buyout, he could
and, most likely, would allege that the reason we used to exercise
our discretion not to give him the buyout was because of incidents
that were alleged in the ongoing investigation.
Mr. EVERETT. I appreciate your answer. As I said, my time is
out, but I would suggest to you that there are those who could use
the same law to their advantage, and in this case obviously did.
I recognize the Ranking Member of the committee, Mr. Clyburn.
Mr. CLYBURN. Thank you, Mr. Chairman.
I tend to agree. I was a little bit hesitant to break in, but I think
we have to be very, very careful with these. The allegations are
just that. They are allegations, and you have to be very, very care-
ful going to conclusions.
I think it was said earlier that, a lot of times you can take a case
to its conclusion and still lose it, and in the instances such as this
if you deny someone the opportunity to buyout, I suspect they
have got some pretty serious legal claims to be made against the
VA. So you have to be very, very careful about it.
I would like to know, and let me preface my question by saying
this. I was in Fayetteville a few weeks ago to do a banquet, and
the morning afterwards some friends were having something for
me. It did not occur to me until today, Mr. Chairman, that this
gentleman, if I might call him that, Mr. Calhoun, was discussed
pretty extensively. He is held in very low regard among the people
that I heard talking about him. I did not know who he was and
did not have any idea that I would be sitting here today in some
assessment of him.
So this gentleman's actions were known throughout that commu-
nity. People in that community abhor his actions. They are very
disturbed by what they feel has been an unjust resolution of this
matter.
 59
If we do, in fact, have a zero tolerance for these kinds of issues
in the VA, it would seem to me that those who are responsible for
redressing these kinds of grievances have taken the real easy way
out here, and I am wondering whether or not this, is the final reso-
lution of this particular case.
What would happen at this point if one of these ladies who we
heard from earlier today were to bring legal action outside of the
complaint process, were to file a lawsuit? They could very well file
a tort action, especially the lady who said her breasts were mas-
saged or something. That is a tort action.
What would the VA's position be if a tort action were filed?
Ms. KEENER. At this point, Mr. Clyburn, the VA settlement
agreement is final. The VA can take no more action against Mr.
Calhoun.
The individual complainants always have the right to sue him for
a variety of legal actions in a federal court. They can sue him for,
from what I heard this morning, a variety of actions if they choose
to do that.
The VA, because at the time that the alleged actions were com-
mitted Mr. Calhoun was a VA employee, we would be in the posi-
tion of having to defend him against the complainant unless the al-
legations occurred outside the scope of his professional duties.
So if an allegation occurred when he was not in the position of
the VA Medical Center facility Director, then we would not have
to defend, but any actions alleged in a federal suit that occurred
during the scope of his responsibilities as a Director, we, the VA
and the Department of Justice, would have to defend.
Mr. CLYBURN. That is my problem here. If you have got to de-
fend-I cannot remember which young lady who indicated that she
was really verbally abused in the presence of the EEO officer and
some other person by Mr. Calhoun-are you telling me now that
if her attorney, and I understand that she has an attorney, were
to file appropriate legal action, that the VA would, in fact, defend
him because he made his decisions? This whole discussion was
within the scope of his employment.
Ms. KEENER. We have a responsibility to defend actions of em-
ployees that are committed within the scope of their--
Mr. CLYBURN. No, ma'am.
Ms. KEENER (continuing). Position.
Mr. CLYBURN. I do not believe that is the law. You are telling me
that you have to defend and condone? I mean .you are really de-
fending that. You would be condoning those actions.
Ms. KEENER. Well, Mr. Clyburn, there are a lot of attorneys that
defend people that are accused of very serious crimes, too. Every-
one is entitled to a lawyer, and fortunately or unfortunately the
way the law is the VA is charged with defending VA employees
when they are accused of violations of the law.
We would not actually provide the litigation. The Department of
Justice would, but we would work with the Department of Justice,
and we would have to defend this case.
As in any case that is litigated, a determination is always made
on the merits of the case as, you know, how far you want to pro-
ceed with the litigation, but those are decisions that are made on
each case based on the merits. I certainly cannot make any com-
 60
ments as to what might happen if any of these particular cases
that we heard this morning were to be litigated, but the VA would,
in fact, except for the exceptions that I noted, have to defend Mr.
Calhoun.
Mr. CLYBURN. So these ladies are accurate in their emotions ex-
pressed here this morning that this guy, as far as the VA is con-
cerned, has gotten away with all of this.
Ms. KEENER. I am not sure if he really got away that Scot free.
He was transferred out of the facility. Those individuals at that fa-
cility no longer have to deal with Mr. Calhoun.
Mr. CLYBURN. I understand.
Ms. KEENER. He was stripped of his SES status. He is no longer
in a supervisory position. He is not in a position that allows him
to have any authority to supervise women in his current job in
Florida.
So I do not think that he got away Scot free in this situation.
Mr. CLYBURN. Well, let me ask. I have a question. How many
EEO officers within the VA are women?
Mr. HINCH. Each medical center Director is also designated as an
EEO officer. I do not know how many women medical center direc-
tors we have or regional directors in Veterans' Benefits, but the
head of each office or medical center is the EEO officer.
The reason for that originally was that they wanted to designate
the EEO officer as someone with authority to take whatever nec-
essary corrective action was needed in settlement of a discrimina-
tion complaint or sexual harassment complaint and so forth.
In the military, frequently it is the base commander.
Mr. CLYBURN. Well, let me ask you this. Am I to understand that
Mr. Calhoun was the EEO officer in Fayetteville?
Mr. HINCH. Right.
Mr. CLYBURN. If he were the EEO officer in Fayetteville, then
the very first complaint should have immediately gone outside the
agency. So they would not have to complain to him about him.
Mr. HINCH. Let me say from what I heard this morning the sys-
tem did not work. When you were listening to Ms. Blumenthal, she
described how the system should work. That is the way that we
train and require that the system works in VA also.
Something did not happen. Many things obviously did not hap-
pen there that should have happened. They should have, when
they first contacted a counselor, been given a written notice as to
how long counseling would last, what the next step was, and how
to secure that step in writing.
Mr . CLYBURN. So nothing happened, and so then you were saying
that these people from this morning really should have gone di-
rectly to EEOC?
Mr. HINCH. No, what I am saying is at Fayetteville if the system
had worked properly, they would have gotten all of the administra-
tive remedies available to them without going to EEOC, but EEOC
was built into it.
Mr. CLYBURN. Well, from whom?
Mr. HINCH. Well, let me explain how the system works. You go
to a counselor. The counselor really serves as the mediator to see
if it can be resolved informally. The counselor has 30 days to do
that in. At the end of 30 days unless the counselor has written per-
 61
mission from the complainant to extend the counseling process, the
counselor must give the complainant a notice of the right to file.
It says you have the right now to file a formal complaint, and it
tells them how to file it and who to file it with.
They can file it at my office in Washington. They can file it with
the National Director of Women's Programs.
Mr. CLYBURN. Well, that is my point. The complaint could have
been filed to you after the EEO counselor, and they would not have
to go to Mr. Calhoun.
Mr. HINCH. Right.
Mr. CLYBURN. Let me ask. I believe it was in 1993 when I first
became aware of the situation in Atlanta.
Mr. HINCH. Yes.
Mr. CLYBURN. We talked about that in this very room, and we
talked about some things, Mr. Bilirakis, that we needed to do in
order to insure that people had these direct lines outside the
agency.
If my memory serves me well, there was some resistance within
the VA to doing that. I think Sanford Bishop joined me in that, and
you all told us at that time that no Atlantas would happen again.
Now we are hearing that no Fayettevilles will happen again.
Mr. HINCH. Let me respond if I may. At that particular time I
was one of the people testifying at that time, and Mr. Evans was,
I think, chairing that committee.
Mr. CLYBURN. Right.
Mr. HINCH. What the Secretary said at the time was he sup-
ported the intent of the legislation, H.R. 1032, but he really did not
feel it was necessary for legislation; that he could accomplish all of
those things administratively, and he was going to do so.
Mr. CLYBURN. Right.
Mr. HINCH. Shortly thereafter, Senate bill 404 also was being
considered in the Senate, and the Secretary was advised at that
time that it was only a matter of months before EEOC takes on
the whole government-wide EEO program.
So the Secretary wrote to Chairman Montgomery at the time and
said, "In lieu of that, I do not want to go through a major reorga-
nization in the Department of Veterans Affairs only in a few weeks
later to have to hand the program over to EEOC."
That is why we did not do it administratively at that particular
time, but we were fully supportive of the intent of H.R. 1032, Sen-
ate bill 404, and we had developed a very specific administrative
proposal that would have accomplished everything that was in-
tended in H.R. 1032.
Mr. CLYBURN. So you are telling me then that all of this has
been accomplished?
Mr. HINCH. I am tell you that it was--
Mr. CLYBURN. No, your position, not your procedure. I am saying
S. 404 and H.R. 1032, everything that was in S. 404 and H.R.
1032--
Mr. HINCH. Never got off the drawing board.
Mr. CLYBURN. Because you all anticipated that a law was going
to pass the Congress?

40-881 97 - 3
 62
Mr. HINCH. Yes. The EEOC was going to take over the whole
program. I did not anticipate it, sir. Let me tell you because I have
been in this business a long time.
Mr. CLYBURN. That is what I would think.
Mr. HINCH. And I have seen similar efforts go nowhere.
Mr. CLYBURN. Absolutely.
Mr. HINCH. But there were others who thought it would happen.
Mr. CLYBURN. And so the Secretary decided not to move because
he was advised that this was going to become law.
Mr. HINCH. That this was imminent.
Mr. CLYBURN. And then in 1996, 3 years later, it still had not
been done.
Mr. HINCH. That is the case.
Deputy Secretary GOBER. Mr. Clyburn, if I may, sir.
Mr. CLYBURN. Yes, sir.
Deputy Secretary GOBER. One of the reasons for the--
Mr. CLYBURN. It is Clyburn. Let me get my name right here.
There is no A in this name, sir. C-I-y.
Deputy Secretary GOBER. Well, I saw that.
Mr. CLYBURN. Y gets the sound of I.
Deputy Secretary GOBER. When I saw that earlier, I saw that,
but someone called you--
Mr. EVERETT. Did I do that?
Mr. CLYBURN. Well, Everett is my good friend. So I let him call
me anything he wants to. (Laughter.)
Deputy Secretary GOBER. And like you said, I understand what
you are saying. I just saw some of that snow out of the window
here, too.
Mr. EVERETT. My sincere apologizes.
Mr. CLYBURN. That is all right.
Deputy Secretary GOBER. But one of the reasons there, was a
price tag attached to what the Secretary was going to do adminis-
tratively, and it was about $3.5 million a year. I think. the Sec-
retary very wisely, at that point in time, thought if this law does
pass that we would just be throwing $3.5 million out the window
basically, and so he held off on it, and of course, the law did not
pass.
Mr. CLYBURN. Well, if I remember H.R. 1032 correctly, if I may,
Mr. Chairman, and Mr. Lerner is he and he really can correct me
if I am wrong, I thought that what the Secretary was saying to us
was that we did not need to do H.R. 1032 because he was going
to do it administratively. He was going to accomplish administra-
tively what H.R. 1032 would ask him to do.
We did not have a budget on H.R. 1032.
Mr. EVERETT. Would the gentleman yield?
Mr. CLYBURN. Yes, sir.
Mr. EVERETT. I have it underlined here in the record there where
the Secretary says the department does not support H.R. 1032.
Mr. CLYBURN. Right. Yes, that is what I am saying. He did not
support it.
Deputy Secretary GoBER. But that was only because he felt we
would be doing it administratively.
Mr. CLYBURN. Well, I am going to close with this, Mr. Chairman.
 63
You know, out of deference to what I said in my opening state-
ment, I have a great deal of experience with the VA, experiences
I have slept with for 35 years, but I will tell you. I think that we
are here today because no one followed up on what we talked about
in 1993, and I do not see any indication that anything is being
done at this point to keep us from being here next year with the
same kind of allegation.
Now, I say this because I think Ms. Blumenthal indicated a fig-
ure, and I hesitate to bring this up because I was out of the room,
and I apologize for that, but if you have got B.-something percent
of employees in federal agencies sitting at the VA, but you have got
14 percent of the sexual harassment complaints at the VA, some-
thing is wrong.
Mr. HINCH. I do not want to defend that, but I would like to offer
a comment, please.
Mr. CLYBURN. Please.
Mr. HINCH. The VA is a distinctly different department than
some of the others that we are talking about. We have over 57 per-
cent of our work force is female. They are located throughout the
whole Nation, large towns, small towns, medium size towns, iso-
lated locations, medical centers where men and women work to-
gether very closely in very unsupervised atmospheres. So I think
there are some factors that may contribute to that.
Now, I do not want to present to you that that is why those num-
bers are there, but I would also say to you that, overall, our figures
for sexual harassment as compared to the total complaint work
load we have has been f0ing down.
Mr. CLYBURN. Well, would suggest, and this is my final state-
ment on this, someone testified earlier that X number of the VA
complaints had been contracted out.
Mr. HINCH. About 59 percent.
Mr. CLYBURN. About 59 percent. I would suggest that one of the
quickest ways to get to this is to contract out 100 percent of the
complaints involving sexual harassment.
If you took these sexual harassment complaints right out of the
system as soon as you got them, that would go a long way towards
keeping us from being here with these kinds of things in the
future.
Would you agree that that would be a good way to deal with sex-
ual harassment complaints? Contract them out, every single one of
them. That is zero tolerance.
Mr. HINCH. I would like to resolve them before you get to the in-
vestigative stage.
Mr. CLYBURN. Well, we all would like to do that, sir, but you and
I both know, and you just gave a real good reason why you cannot
do that. If you have got people in isolated situations, and you are
talking to the father of three daughters, and so I would like to see
that happen also.
But the fact of the matter is when the complaints are brought-
you see, you are not going to bring the complaints while they are
being counseled-but when the complaints are brought, I am say-
ing at that point every sexual harassment complaint ought to be
contracted out, especially since the Secretary did not support H.R.
1032.
 64
Mr. HINCH. We do not have a problem with that, and as you de-
scribe it, it is quite possible to do that. We can do that without a
great deal of difficulty. It just means assigning a contractor to it
rather than a collateral duty investigator.
I guess I did not understand you at first.
Mr. CLYBURN. Yes.
I am through, Mr. Chairman.
Mr. EVERETT. Thank you, Mr. Clyburn.
Mr. CLYBURN. Thank you. (Laughter.)
Mr. EVERETT. The chair now recognizes Mr. Buyer.
Mr. BUYER. Actually, you know, a few weeks ago I extended
great compliment to my colleague from South Carolina for being
the new Ranking Member, and on this line of questioning, I com-
pliment it, and it reinforces my compliment to you.
Mr. CLYBURN. Thank you.
Mr. BUYER. Part of what he is sharing with you is no different.
I am going to have to go back because I am doing what Mr. Everett
is doing on the sexual misconduct in the U.S. Military. This one is
huge, and there are many of whom are saying, you know, there is
such a problem that you need an ombudsman. You need independ-
ent commissions, and everybody is trying to do all kinds of
outreach.
That is no different than Mr. Clyburn here asking for the same
thing. One thing though that concerns me about that request for
going outside is that we are not changing behavior. We are leaving
the same bad players in the same positions taking six figure sala-
ries, and that concerns me.
When we are talking about those employers are setting the tone
of the environment for the work place, I am not so apt to leave
them in the work place, and I have said publicly and I will stress
it also to the VA. It is entirely acceptable for the American people
to demand of the VA, the military or the federal agencies' authori-
ties a higher standard.
You say, "Steve, a higher standard than what you would find in
Monticello, Indiana?" Absolutely, absolutely.
So I think the gentleman's line of questioning was entirely appro-
priate. One thing that does concern me, and he was getting mto
this agreement, let me share a perspective here. I'm a country guy
from the com fields of Indiana, a country lawyer, and I try not to
get lost in the high weeds, you know, that kind of thing. So I just
read a document only by the four comers of the document.
So as I read the document, I look at this and say, you know,
there is something here that had to have occurred, and I learn that
there were three allegations, I guess, Dr. Gross, at the time that
this was drafted, and if the a~eement is based upon the three alle-
gations at the time and this IS then signed, if there are other alle-
gations that occur that are outside your knowledge that were
made, that being now that the testimony of Ms. Barefoot or-who
else do we have?-well, there were other individuals. You can take
action.
The VA can go after this gentleman, if I can call him a gen-
tleman. He is innocent until proven guilty, but the document, if h
only refers to specific cases-as a matter of fact, this is not a very
well drafted document.
 65
Who drafted this thing? Dr. Gross, who drafted this?
Dr. GROSS. Well, the draft was a joint effort, but the personnel
specialist was the primary author.
Mr. BUYER. Did the lawyers for Mr. Calhoun draft this docu-
ment?
Dr. GROSS. The lawyers for Mr. Calhoun?
Mr. BUYER. Yes.
Dr. GROSS. No, they did not. They advised him in the process of
negotiation, but the document itself was drafted by the human re-
sources specialists in the VA.
Mr. BUYER. The Whatley report, what is that? Whatley?
Dr. GROSS. The Whatley report.
Mr. BUYER. Did you draft that?
Dr. GROSS. No, Mr. Whatley drafted it.
Mr. BUYER. Do you agree with that report? Are you comfortable
with it?
Dr. GROSS. I do not really understand what you mean. Am I com-
fortable with it?
Mr. BUYER. Well, I listen to testimony. I read some statements.
I think that the report itself is awfully understated and almost be-
nign. What is your opinion of the report?
Dr. GROSS. I think the report was benign. I agree with that.
Mr. BUYER. Well, that is my opinion. What is your opinion? It is
benign?
Dr. GROSS. It is benign.
Mr. BUYER. What does it mean when you say a report is benign?
My interpretation from Indiana may be different from yours.
Dr. GROSS. When I say it is benign, the report itself does not, in
fact, address the issue specifically enough. It is too general. It is
broad.
Mr. BUYER. All right. What then did you have to do to go beyond
the report to satisfy you at a level of accountability to take action?
What did you find?
Dr. GROSS. I think the report met my purposes, especially my
oral outreach from Mr. Whatley, and that was he confirmed as an
independent assessment that, indeed, there were hostile conditions
at Fayetteville, and after the report and verbal outreach, I elected
to notify Mr. Calhoun that I wanted him removed as soon as pos-
sible and started to negotiate with my superiors and headquarters
to remove him as the medical center director on the basis of the
hostile work environment-his management by threats and intimi-
dations.
Mr. BUYER. You made a decision based upon what you feel was
a benign report in generalities, unwilling to go into the detail, but
you were satisfied that based on the report that he should be re-
moved. All right?
Dr. GROSS. That is a combination of that report plus my own
visit to the facility and talking to individuals.
Mr. BUYER. How did you feel when lawyers then told you-you
are in a position of authority now, had the taxpayers' interests also
at heart-and somebody tells you you cannot remove a bad actor?
How did you feel about that?
 66
Dr. GROSS. Well, no one told me I could not remove a bad actor.
I could not remove a bad actor without going through the legal
process and due process, et cetera.
Mr. BUYER. Right, and for some reason you were unwilling to
take the case through the chain of legal events. Even though you
did not know about the details, you were unwilling to take it
through a chain of events, and you relied upon someone else telling
you that, well, perhaps this is a case that we cannot win.
I just share this with you. This is Hoosier perspective again. You
see when I come out here to Washington, DC, I get upset because
when I look out two blocks from here, I look at homes and I look
at businesses that have bars on the windows, and my perspective
says, you know what? The wrong people are behind bars.
Now I look at the bureaucracy, and I share the same perspective
and say, you know what? There must be a real problem with the
bureaucratic culture in this country if we have people of authority
that are afraid to go after bad actors.
Dr. GROSS. Well, quite to the contrary, I am not afraid to go after
bad actors. In fact, I was very aggressive--
Mr. BUYER. Then please explain to us why you did not aggres-
sively go through the legal process because now the taxpayer, be-
cause this Congress passed a Civil Rights Act that permits women
to file claims under the tort law, whereby if the government, the
VA, loses a case, the taxpayer has to pay. So please share with me.
Dr. GROSS. I am not sure if you-perhaps let me clarify the chro-
nology here. At the time Mr. Whatley conducted his investigation
at my request, I had already visited the Fayetteville facility and
come to the conclusion that it was a very hostile work environment,
but I needed an independent assessment of the management cli-
mate there.
The sexual harassment issue was not an issue at that time. This
was in the summer of 1996. It was after the Whatley report, and
my conversation with him and my conversation with my superiors
that I elected to seek action to remove Mr. Calhoun. I was very ag-
gressive in that regard.
He reluctantly agreed to step down as Director, and it was at
that time that the OIG, who was working in collaboration with me,
providing me some additional information related to the hostile
work environment, that the OIG decided that they would then go
in to investigate two cases of sexual harassment which they did not
identify what they were to me.
So rather than let Mr. Calhoun remain in the Director position,
I sought permission from my superiors, to detail Mr. Calhoun out
of the facility. My main objective was to aggressively pursue remov-
ing Mr. Calhoun at all costs, to make whole the people in that facil-
ity so that we could start to go about the business of taking care
of our patients.
So there were two efforts there.
Mr. BUYER. You know, we heard some testimony here from five
ladies that are very uncomfortable about the VA and their han-
dling of these cases. Can you imagine that with all the scrutiny
upon the U.S. military at the moment, that if you had a Navy cap-
tain who did something on a destroyer and they said, "Well, let's
get him off that destroyer and we'll give him a job and he's now
 67
going to command an aircraft carrier"? Do you think that would
happen in the Navy?
No, it would not. So now let's shift over and say what? Are we
going to treat-now they are out of the military, but now they are
in the VA-we are going to treat them by different standards?
No, no, no. I think that-let me compliment the Ranking Mem-
ber and Chairman for bringing this hearing, and Mr. Bilirakis.
There is a real problem here with the VA. If we have got 12 senior
level positions that have all now been discharged from their duties
because of these allegations, that is like-is it 12? You are shaking
your head.
Deputy Secretary GOBER. Nine.
Mr. BUYER. Nine? Oh, all right. Nine.
Deputy Secretary GOBER. Only two of them--
Mr. BUYER. That's like saying nine generals. Don't go West.
Pardon?
Deputy Secretary GOBER. Only two are still on active duty. The
rest are retired.
Mr. BUYER. What about the others?
Deputy Secretary GOBER. We drove them out. Some of them were
driven out and retired early. Some of them took buyout. One of
them took a buyout earlier. They are no longer in the service. We
have two senior executives that are no longer senior executives.
They were, to use your military analogy, they received a cap-
tain's mass and not a court martiaL They are still serving in the
VA, but they are no longer in leadership positions.
Mr. BUYER. And you have created a position for them to protect
that individual is my assessment.
Deputy Secretary GOBER. Not to protect the individual. The fact
is that there was a legal process we have to go through. Our people
made a judgment.
Mr. BUYER. A legal process which you chose not to go through.
You gave this guy a good salary--
Deputy Secretary GoBER. We made--
Mr. BUYER (continuing). And a wonderful climate that I do not
have in Indiana.
Deputy Secretary GOBER. Well, you know, I want to address a
couple of things. There is no way that I am going to sit here, Mr.
Clyburn, and promise anything like this will not happen, the rea-
son being is that I am not a fooL Things like this happen. This is
a huge organization. Things happen, and you and I both know it,
that should not happen. We understand that. It should not happen,
and our policy is we do not want it to happen, and we are doing
everything possible.
Now, let me tell you what I think we should do from now on.
When we have a situation like this happen, let's just say we have
a Director in Indiana or anyplace you want to take. When we get
allegations that this is happening. What we will do is we will
transfer; we will detail that Director totally away, maybe into
Washington, DC, and we will send a team in that will investigate,
and we will get to the bottom of it so that we do not have a few
allegations come forward and we fmd out about then and then later
on you find more.
 68
We will do a complete investigation, do like you are talking about
so that when we go forward we have got a complete package. If
that individual is innocent, you know, the Constitution is a heck
of an impediment, but it is a nice thing that individual has rights.
If he or she is innocent we will protect them. If they are not, then
we will throw the full weight of the VA against it.
But I do not want anybody to think that the VA has not made
progress because that is patently untrue.
Mr. BUYER. And, Mr. Chairman, I guess my understanding is
that the Secretary will be dispatching one of these teams to inves-
tigate the new allegations against Mr. Calhoun.
Deputy Secretary GOBER. What I will have to do is-again, I am
not an attorney-but I will consult with my attorneys. If there is
a way that we can do that, we will but I do not know if there is
a double jeopardy problem. My folks are very capable of advising
me, and we will do whatever the law says we can do. We will also
respect the rights of individuals.
Mr. EVERE'IT. Thank you.
The chair now recognizes Mr. Evans.
Mr. EVANS. Thank you, Mr. Chairman.
You know, Hershel, I know you have worked hard on this, and
as we said in our introductory statements, we have no personal
problem with the attempts of you and Jesse Brown to move ahead
with zero tolerance, but 5 years ago our former colleague, Jill Long,
Congresswoman from Indiana, concluded after the hearing was
done that the VA sexual harassment policy essentially boiled down
to this:
"If you are sexually harassed, you get demoted, but if you are the
harasser, you get transferred, and the taxpayers support your de-
fense as well as your salary."
Now, one of these women carne forward today saying that it was
very uncomfortable for her to sit in this committee room and talk
about these issues. Obviously it was tough for all of these women,
but if they could help one woman deal with the problems that she
is facing in the VA, it would have been worthwhile.
Our duty, and I know you will never get 100 percent, is to do
99 to 100 percent if at all possible, and I guess the message we are
sending out listening to Ms. Keener for a second, is that he did not
get off Scot free in the case of Mr. Calhoun because he was de-
moted from the senior management status, and it was good to
know that women in Buffalo and Fayetteville are now off the hook,
but I guess women in Bay Pines had better be on guard.
And my question is you have failed to mention that the provision
that allows Mr. Calhoun in this settlement to be considered for re-
entry in the SES in 3 years. How could you explain that, given his
past record?
Deputy Secretary GOBER. He is barred for 3 years for reentry.
Mr. EVANS. Okay. But so do we--
Deputy Secretary GOBER. Why would we consider letting him
reenter?
Mr. EVANS. Right.
Deputy Secretary GOBER. Well, you know, and again, I am not
an attorney, but I would say in layman terms, he has not been con-
victed of anything. You would hope that a person-you know, part
 69
of the VA is rehab. I would say this. This gentleman, Mr. Calhoun,
lives in a fish bowl. His SES status, leaving the SES status, he has
not gotten off Scot free, and contrary to what we have heard about
him receiving an increase, a pay raise, he did not do that. He got
a cost-of-living adjustment like every other employee in the govern-
ment gets. We did not give him an increase of pay.
But the point is I guess your question, Congressman Evans, is
how could you ever reconsider this person. Well, you know, hope-
fully-should I say anything more?
Mr. HINCH. Hershel, could I say something to that?
Deputy Secretary GOBER. Very little.
Mr. HINCH. Okay. Mr. Evans, actually if we had not put that pro-
vision in there, he could have reapplied to readmission to SES at
any time.
Mr. EVANS. You cannot bar that?
Mr. HINCH. That is what this does. This means that he cannot
really apply for readmission for 3 years. Without that he would
have been able to.
Now, understand we do not determine his readmission to SES.
That is controlled by the Office of Personnel Management. That is
who he would apply to. That provision in the agreement really bars
him from applying before 3 years.
Deputy Secretary GOBER. So really this is a plus for us. It is
something that we got.
Mr. EVANS. But you know, I do not see it as a permanent punish-
ment. I do not understand all of the parts of the SES. Basically if
he can reapply, he can regain that status after 3 years is the way
I read it.
Deputy Secretary GOBER. He can reapply. He has no automatic
reinstatement, and he has to go through the whole procedure
again. ~ Mr. Hinch said, if we had not had that in there, he could
have reapplied the next day.
Mr. EVANS. Is the standard now in these kinds of agreements,
something to that effect at least? And why couldn't we have barred
him for 10 years or for the rest of his career?
Mr. HINCH. It may have been possible. I do not know if that
would have been a break point on the settlement negotiations. I
was not there.
You know, again, I understand your concern, Mr. Evans. I would
just make the observation that with all that has transpired unless
his rehabilitation is really stellar and so apparent, his reapplying
is going to be a very difficult task.
Dr. MORAVEC. May I make an effort to add to that, please?
Mr. EVANS. Yes.
Dr. MORAVEC. It seems that we have a common understanding
here that it was important to get Mr. Calhoun out of that environ-
ment so that these ladies and others would not have to deal with
that on a day-to-day basis. What we were concerned about as we
talked about this is to get the greatest amount of assurance that
we would be successful in getting him out of that environment, and
as we went through it and as information evolved and discussions
occurred, there was some question about whether we could prevail
in sustaining removal.
 70
That precipitated the need for some dialogue with him and his
attorneys in trying to move towards a settlement. The settlement
maybe could have been better. It seemed to us that he was very
adamant, as I understand it, about the dollars apparently due to
his circumstance, whatever it was. We were looking for a way to
free the environment of what we have heard about as a person who
had behavior that was certainly destructive or counterproductive,
and we succeeded in that.
Maybe if we could do it all over, maybe we could do it better, but
we did succeed in that one single mission, if you will, that everyone
seems to agree was the right thing to do: get him out of that
environment.
Mr. EVANS. Well, I do not think we are going to stop this conduct
until it is punished and viewed as a punishment by women who
have been abused, and somehow they have got to have some input
into this process because I understand not a single one of them has
been consulted by the VA when this agreement was drafted for any
kind of consultation or any kind of input; is that correct?
Dr. MORAVEC. Yes, I am certain it is correct. It would be a very
unusual process to involve people who were in process, in some
kind of a legal or a procedure such as EEO, and I do not believe
that happens in any case that I am aware of, whether it is a griev-
ance or an EEO, or sexual harassment complaint. I do not believe
it does.
Mr. EVANS. All right, Mr. Chairman. Thank you. I yield back my
time.
Mr. EVERETT. Thank you, Mr. Evans. Mr. Bilirakis.
Mr. BILlRAKIS. Thank you, Mr. Chairman.
Well, no one has to convince me of the concern for veterans or
veterans' rights that Secretary Gober holds and certainly Secretary
Brown. He was what, Executive Director, I guess it was, of the
DAV for many years. That is how we knew him, and Hershel goes
way back as far as veterans' rights are concerned.
And I will tell you I really misjudge you if you are not sitting
there damned uncomfortable, Hershel. You have got to be uncom-
fortable.
You know, we have got to look at this overall picture. We are
concerned about the rights of these ladies, the rights of others who
have been taken advantage of, but we also have to take a look at
this from the eyes of the veteran, the grassroots veteran out there.
I mean the people that I have heard from. You have an awful
lot of friends out there in the veterans community. You are bound
to have heard from them, and I doubt very much that any expla-
nation that we have heard here today from you or any of the others
in this panel is something that would be anywhere near acceptable
to those veterans.
Golly, you said things happen. You are right. It is an agency with
240,000 people. It is just like, you know, some may ask us, "Hey,
you guys are the Veterans' Affairs Committee. Why didn't you
know this was going on?"
Well, one might unfairly ask you the same thing, I suppose, be-
cause how in the world can you possibly know everything that is
going on. So, yes, things happen, and you refused to, rightly so, re-
fused to commit to the fact it will not happen again.
 71

But I will tell you something. If I were a bad actor or a potential

bad actor and I wanted for whatever reason to get out of my job
with the Department of Veterans Affairs, a high position with the
Department of Veterans Affairs, and I had something else in line
or wanted to retire and go fishing or whatever the case may be, de-
pending, of course, on my character, I might decide I am going to
do something like this because I know damned well that I am going
to be able to sit down and negotiate something out. I am going to
probably get a buyout. I am going to be moved to a place that I
want to go to all along anyhow, Florida or whatever the case may
be.
And the trouble is that we are not just talking about one in-
stance here. One of our local newspapers, the St. Petersburg Times,
which has done a fantastic job on this issue, reported, and I would
ask unanimous consent to admit this into the record.
Mr. EVERETT. Without objection.
Mr. BILIRAKIS. It is an April 14 article by David Dahl.
Mr. EVERETT. Without objection, so ordered.
[The attachment appears on p. 153.]
Mr. BILlRAKIS. And I might just paraphrase that. He reported
that a VA doctor in a VA medical center in Maine made advances
towards a VA nurse while on a business trip. A federal jury said
the doctor's behavior had created a hostile work place and rec-
ommended a $375,000 award.
I am assuming that $375,000, Mr. Clyburn and Dr. Snyder, is
probably going to come out of the VA out of the taxpayers because
it is a $375,000 award.
Despite the department's zero tolerance policy, and again, I do
not fault that; I said that in my opening statements. I gave credit
to Secretary Brown because I really believe he intends zero
tolerance.
But in any case, despite it, the doctor received a I-week suspen-
sion, a I-week suspension, and was allowed to keep his $123,161
a year salary. The doctor appears to have received a very lenient
punishment.
Is there any veteran out there, Mr. Secretary, who would not
consider that a much too lenient punishment? The nurse has been
transferred to another VA job and awaits a judge's ruling and the
jury recommendation, and the comments from the nurse was, ''The
way they handled it was to punish the victim," and I am just leav-
ing her name out for the moment. "I was a dialysis nurse for 20
years, and because of something he did, I was forced to leave a
profession."
So you have the Clyburn situation. You have this situation.
Another report in the same newspaper, another highly paid
former VA medical center Director was transferred to Bay Pines
previously. It seems as though Florida is the dumping ground for
all of the VA's management problems. I would like to think without
any reflection on Minnesota or North Dakota that if we are going
to be dumping somebody, for crying out loud, it ought to be in those
areas in the winter rather than St. Petersburg, FL. (Laughter.)
And so you can see now. I cannot believe that this does not really
bug you all, and it is not just what happened. It is not just that
you did not put into place the administrative procedures that you
 72
had indicated to us you were going to put into place in 1993, but
it is these punishments.
Where are our guts? Whatever happened? I mean a lot of you
guys are veterans. Maybe all of you are, and where are our guts
that we are going to allow ourselves to create this type of a prece-
dent which would encourage this kind of conduct. It certainly does
not discourage it. It encourages it.
GS-14, you indicated for Mr. Clyburn. I understand the top level
of a GS-14 salary is $81,000 a year, and he is making $106,000
a year. So I mean he certainly has not been hurt as far as that is
concerned.
So, comments: First of all, I think it is important that maybe you
might provide us with more information regarding the case that I
just mentioned to you. Axe you familiar with the case that I am re-
ferring to with the Maine doctor? I can give you the name if you
want.
Ms. KEENER. I am very familiar with that case, Mr. Bilirakis.
That case is currently on appeal, and there is extensive information
on that case that I think you would be interested in looking at in
some detail. I would be happy to share that with you.
Mr. BILIRAKIS. So it is being appealed by the doctor; is that
correct?
Ms. KEENER. Yes, sir, and we would be happy to share the de-
tails on that case with you.
Mr. EVERE'IT. If you would make that available to the committee,
I would appreciate it.
Ms. KEENER. Yes, sir.
Mr. BILIRAKIS. Is there any reason why Florida is the recipient
of so many of these personnel transfers?
Deputy Secretary GoBER. No, sir, that is not planned, even
though Florida is a beautiful state. That is not planned at all.
And let me say this, and you are right, Congressman. I sit here.
I am glad to be here, sitting here because I am as outraged as you
are. Secretary Brown is as outraged as you are. So believe it or not,
I am very comfortable sitting here because I know I am talking to
people that really care. We all care about the same thing. We are
not playing who shot John. We are wanting to get to the bottom
and try to find a way to improve it.
I hate to hear people say that we punish the victim, and I know
in all too many cases it has appeared to be that. It has looked like
that. It looks like that we have just transferred the "good 01' boys"
from here to there.
One of the things, we have had a discussion here this week, and
we have talked many, many hours about transferring problems.
When we first got here, I said I do not like transferring problems.
If a person is a bad actor in one place, he or she will be a bad actor
in another place. Let's take care of our problems. Let's bite the
bullet.
And of course, I was new to the Federal Government. I did not
realize you had all of these laws that keep you from doing certain
things, but that is not an excuse. There has got to be a way we
can do it.
We will work with the committee on any way we can, and I will
assure you that if I had one thing that I could do today, it would
 73
be to reassure all of the women, the women that work for the VA
out there and all of the women veterans, everybody, this policy is
still in effect, and when we go out and do our investigation with
the teams we will send out from now on, you know, we will go right
to the very bottom of the barrel and find out what is going on, and
then a decision will be made on discipline.
We have got to stop it. Secretary Brown is committed to it. I am
committed to it, and we will continue to work to make this zero tol-
erance work.
Will we ever solve it? Negative, but we will make a positive step.
Mr. BILlRAKIS. Well, I appreciate that. I think you know that I
do, but as long as we do not try to not reward, and I am going to
use that term because it is a "dad-blasted" reward. I do not care.
Dr. Moravec, and I appreciate your response to my inquiry, and
I introduced that letter dated April 9, 1997, as part of the record,
but Dr. Moravec responded to me in a very nice manner, but you
know, he basically refers and accents as you did the key facts re-
main, and Mr. Calhoun has been removed from a leadership posi-
tion, et cetera, et cetera, et cetera, trying to make it seem like the
punishments fit the crime, if you will, and when I say the crime,
I mean in this sense.
And as long as we continue to do that and do not take one of
these particular cases, with all due respect to your General Coun-
sel, and take them up all the way through the process to see
whether the Civil Service law actually prevents this sort of thing
taking place. I mean, I realize what it says and you came aboard
and you were not aware of all these laws that we in our stupidity
maybe passed and made that tough where you cannot really trans-
fer a person. I cannot believe you cannot transfer a person from
one VA medical center to another.
Deputy Secretary GOBER. Oh'les sir, we can.
Mr. BILIRAKIS. Well, you can. know you can.
Deputy Secretary GOBER. Yes sir, we can.
Mr. BILlRAKIS. I was not sure why you could not transfer him,
but you would have had to transfer him as a Medical Director; is
that right?
Deputy Secretary GoBER. Without an agreement, without an
agreement or going to court.
Mr. BILlRAKIS. In other words, if he does a bad job, let's say it
was not sexual harassment.
Deputy Secretary GoBER. We have to prove a case. He has his
rights, but absolutely you could do it.
Mr. BILIRAKIS. Yes, sure, he has his rights.
Deputy Secretary GOBER. My fear was, and the fear of VHA was,
that if they-as with any case-you have to look at it because if
you lose that case at MSPB, then they come back on you. He could
have gotten almost any job he wanted, certainly reinstated, maybe
all attorney fees paid and maybe even a cash settlement.
Mr. BILlRAKIS. Yes, but in a case like this, it seems to be not at
all a marginal situation.
Mr. EVERETT. Would the gentleman yield?
Mr. BILlRAKIS. It seems to me that you could have used this as
a pretty darn good test case.
Yes, sir.
 74
Mr. EVERETT. Will you yield, please?
Mr. BILIRAKIS. My time is up anyway, sir.
Mr. EVERETT. Well, then since we are on this subject, before I got
to Vic let me just ask you directly. Is it not the situation that under
the terms of the settlement Mr. Calhoun can reenter at a senior
level, at a management level, in 3 years?
Deputy Secretary GOBER. No, sir, not automatically. He can
apply to reenter.
Mr. EVERETT. He can apply.
Deputy Secretary GOBER. But, sir, I would like to point out, as
was pointed out here earlier, that without that stipulation in the
agreement-and that is something he gave up-the very next day
he could have applied for reentry.
Mr. EVERETT. Thank you for that clarification.
Vic, again.
Mr. SNYDER. Thank you, Mr. Chairman. I appreciate it.
Several questions here. I guess, again, I think our intent is to
look for things that we need to be doing. You all are looking for
things you need to be doing, and we are looking for things that we
need to be doing through statute.
In terms of some of the administrative things, if I could ask Dr.
Gross a question, I have got your letter here of December 6th of
1996, and it is to Mr. Calhoun, in which you say, "The letter of pro-
posed adverse action issued to you, dated October 24, 1996, is here-
by rescinded. The letter was issued prior to the completion of the
evidence file ," and then you send out this letter December 6 en-
couraging an informal settlement.
What happened between October 24 and December 6? Did you
get different legal advice?
Dr. GROSS. I was collaborating with legal counsel throughout the
process, but the advice that I had erred procedural-wise was in is-
suing the original letter of removal which prompted me to write the
letter of rescission.
Mr. SNYDER. So the first letter was a procedural problem?
Dr. GROSS. A procedural problem that I was--
Mr. SNYDER. But it seems that early on you made the decision
to terminate apparently and informed him of that.
Dr. GROSS. I made two decisions. There were three phases. The
first phase was in the summer before the investigation. I wanted
to remove Mr. Calhoun, abated until the IG report was finished.
When it was finished, I then proceeded to undertake removal ac-
tion because, quite frankly, from the report I was livid.
Mr. SNYDER. Right.
Dr. GROSS. The sexual harassment component was new .
After I issued the letter of removal, the attorney for Mr. Calhoun
requested an evidence file, which was not available and which, sub-
sequently, I understand should have been attached as a part of
that removal letter. That was one procedural error.
The second procedural error brought to my attention was that I
did not have the delegation of authority to--
Mr. SNYDER. Let me interrupt you if you do not mind. I think
you have answered that part of the question.
 75
The other part of the letter that concerned me, and I just bring
it up because in terms of what things that we all ought to have in
mind when we are going through these kinds of messy situations.
In your letter in there, I guess you are encouraging Mr. Calhoun
to cut a deal, and you say, "Formal action will bring further embar-
rassment to you, the Fayetteville Medical Center, and to the De-
partment of Veterans Affairs," and I hope that embarrassment is
not going to be a criteria within the Department of Veterans
Affairs.
I mean Hershel knows where I live. I live a few blocks from the
VA over there in Little Rock, and you know, it does not have blood
vessels. It does not flush red when something goes wrong.
I mean these women have certainly been embarrassed. I do not
think they would have been embarrassed to have him terminated.
I suspect all of the people who have worked with him, if I believe
everything I have seen here today, would not have been embar-
rassed in Fayetteville to have him fired.
The people that Mr. Clyburn met with at the social event would
not have been embarrassed. They probably would have been re-
lieved to have him terminated, figuring he would move on down
the road.
So I hope embarrassment is not a criteria that we have there,
and maybe it was just something you put in the letter to encourage
him to make the move.
I want to ask in terms, Mr. Gober, of the fox in the henhouse.
Now, as I understand it, you have made two changes; is that cor-
rect? One of them is if there is sexual harassment charges or bad
conduct charges regarding a senior level, that there will be a panel
that comes out from Washington. Is that accurate?
Deputy Secretary GOBER. That is correct. When we have allega-
tions from a medical center against a Director, Associate Director,
Chief of Staff-high level people-we will send out a team to inves-
tigate. Then when the report comes in recommending disciplinary
action, after this report is done, it goes to the VHA, and they will
make a recommendation which comes to the Secretary's office and
will be reviewed by senior officials to make sure it is appropriate.
Mr. SNYDER. What was the date of that new policy? Are we talk-
ing a month ago or 6 months ago?
Deputy Secretary GoBER. Well, actually we--
Mr. SNYDER. Or this is going to be next month?
Deputy Secretary GOBER. No, we have already implemented the
policy back in March.
Mr. SNYDER. Okay. A month ago.
Deputy Secretary GOBER. And another thing, if I could very
quickly. I think that procedurally, you know, we could sit here and
argue there were a few things procedurally done wrong on this in-
vestigation.
Mr. SNYDER. If we could move on, I understand.
Ms. KEENER. Mr. Snyder, we have already sent a team out in one
situation.
Mr. SNYDER. It is underway.
Ms. KEENER. So not only has the policy been implemented, but
we already have had a team out on a recent situation.
Mr. SNYDER. I have got you.
 76
And again, the issue that you have already alluded to, the con-
straints that you have, maybe that is something that we all need
to look at. You had, by your Inspector General, you had a lying,
abusing sexual harasser that you thought created a very hostile
work environment, so much so that Dr. Gross was livid about it,
and yet you are telling us that the laws are such that he cannot
be reassigned.
I mean I do not want any response today, but that to me is a
problem.
Deputy Secretary GOBER. Oh, no.
Mr. SNYDER. If the President does not like you, Mr. Gober, you
are back to Arkansas, and we all know it. They will not send you
back to Florida. They will send you to Arkansas with me. So we
may need to work on this.
Deputy Secretary GOBER. Maybe there is one more slot down
there, but the point is we can move. We can move directors. You
know, we can transfer all the time. However, you get into a real
situation if you start doing it for a disciplinary reason.
If we have a situation where we may have a director that we
want to move somewhere else, we can do that.
Mr. SNYDER. But that is the problem, isn't it? At some level of
management, at some level of senior management, I would think
that you would just say, "Hey, we want to move Joe, and, Joe, I
am not going to tell you why. You are moved."
Deputy Secretary GOBER. Oh, we can do that, but we did not
want to move this individual to a management position. If he is a
hospital director and we do not have disciplinary action against
that person and we move him, you assume you are going to move
him into a hospital director position or a higher level position.
Mr. SNYDER. I have got you.
Deputy Secretary GOBER. Otherwise you are disciplining him.
Mr. SNYDER. And the issue of the fact that nobody sat down with
the complainants and discussed the plea bargain arrangement, for
want of a better term, I guess, Ms. Keener, maybe there would
have been a lot less uproar over this if each of the people that had
complained would have heard the outline of the settlement.
Ms. Force seemed to think that she understood where you were
coming from on that. I am not sure I see the problem. Is that one
of the lessons learned from this, that maybe that would be helpful
or not?
Ms. KEENER. It is not that I do not agree with you, Mr. Snyder,
but I am really not the appropriate person to discuss this question
because the role that the General Counsel's office plays in these
kinds of complaints is really minimal. We only provide counsel. We
have no real authority or responsibility in these cases.
Mr. SNYDER. I thought I heard somebody--
Ms. KEENER. That would probably come under the auspices of
the personnel folks, not General Counsel.
Mr. SNYDER. All right.
Ms. KEENER. So I will refer that to--
Mr. SNYDER. I heard some expression of some legal concerns
about that. Maybe Dr. Moravec said that would be some legal con-
cerns to sit down, but at some point I would think that you would
be giving the complainant a little bit of say over what would your
 77
recommendation be, Ms. Complainant. Would you want us to go
ahead and push this case knowing it may be overturned and we
could terminate him, or if you could substantiate it?
I do not mean an unsubstantiated, but you are shaking your
head, Hershel.
Deputy Secretary GOBER. I think that is something that would
have to be dealt with very carefully because, you know, 240,000
people cannot manage this organization.
Mr. SNYDER. I am not saying get a sign-off.
Deputy Secretary GOBER. Your concern is a good one. When we
get to the point, and this is something we can look at. We can dis-
cuss if it is appropriate, if we should involve them more, and on
what situations. When we have a clear-cut case, obviously it would
be, you know, something that we would consider.
Of course, we have a clear-cut case, and I assure you we will not
back off.
Mr. SNYDER. Yes. Ms. Keener, or whoever, the issue, again, look-
ing for lessons learned, you are talking about the VA's responsibil-
ity to defend any future legal action which I guess would be a pecu-
liar situation since you all may be defending Mr. Calhoun against
our first bank of witnesses next month.
Is that something that is affected by the failure to seek termi-
nation? If you had gone through the process and fired Mr. Calhoun,
do you still have to defend him or do you lose your obligation to
defend him in the future if you fired him because he was a lying,
abusing sexual harasser?
Ms. KEENER. It is my understanding, and I will stand corrected
by my staff, but if he is found guilty of sexual harassment, we do
not have to defend him.
Mr. SNYDER. If he had been terminated for those charges.
Ms. KEENER. That is correct.
Mr. SNYDER. So that is something that needs to be balanced in
the equation, doesn't it, because you are now obligated to defend
by your own count nine people, retirees and reassignments?
Mr. Gober, and this is my last question, are there other things
that you have learned from this, I mean, other things that have not
come up here today that we need to be thinking about?
Deputy Secretary GOBER. Well, I think I have learned I am going
to stay a heck of a lot more involved in it at the high level, and
I think it is important because we have to send a message.
Secretary Brown and I have been very, very involved.
Mr. SNYDER. But in terms of how Congress may need to respond
in terms of statutory change or things that we need to do to help
you all, either help or obligate you all to do things differently.
Deputy Secretary GOBER. We are going to do some of the new
things that I mentioned earlier, and we are totally open to advice
and will be pleased to work with anybody that has an idea and
we'll explore if we have to do something. We have got to make sure
that our people know that the zero tolerance is not just a buzz
word. It is not something we are just sitting here mouthing about.
It is something we really believe.
And, again, I am going to go back. I am going to disagree with
the figures. I think that the fact that we have 14.1 percent people
 78
coming forward shows, I hope, that our people understand they do
not have to be afraid anymore.
We have these cases. I know there still are not many of them,
but I want them to come forward . I want them to come forward
and bring these cases.
Mr. SNYDER. Thank you, Mr. Chairman.
Mr. EVERETT. Thank you, Vic.
I understand, again, that we may have a vote in about 20 min-
utes. I am going to close out this panel with the remark that I
know the committee members have additional questions for the
panel, and we will submit those to you.
And let me say, Mr. Secretary, that I do not really believe that
this matter has been adequately investigated and addressed by VA
to this date. Ms. Barefoot was not interviewed by the IG. Ms.
Moore-Russell has not been interviewed by anybody in VA manage-
ment or IG. We have to ask how many other Ms. Moores are out
there. Nobody knows.
I have been told though there are a number of EEO complaints
in Fayetteville still pending against Mr. Calhoun, and reading over
the terms of the agreement and on advice from staff counsel, I am
advised that nothing would preclude the VA from pressing addi-
tional or bringing additional charges against Mr. Calhoun if the re-
sults of those EEO investigations determine that those charges
ought to be brought.
And I would ask you to report back to this committee on all
charges, and I understand that there may be well more than 20
pending against Mr. Calhoun and what action has been taken.
I think that we need to get to the bottom of what happened at
Fayetteville quickly. I think it is to the benefit of the Congress and
the VA, the people at Fayetteville, and the taxpayers. I do not be-
lieve and I know you do not believe that those five ladies up here
were lying or have an overactive imagination. We cannot make the
final determinations at this hearing, but the VA has a process to
do that and should use them.
I also believe that VA should begin to voluntarily take steps to
identify and help anyone, including these five ladies here today,
who has been injured or hurt by the situation at Fayetteville. You
heard them say that they had not been contacted by VA at all, and
I appreciate your remarks and the fact that you said that pained
you.
These ladies need to be contacted and made as whole as possible,
these and any other that have been injured by this former Director
at VA. .
As I say, what I am talking about goes far beyond just advising
them to get a good lawyer, and I see you nodding in agreement,
and I hope you understand what I am talking about.
Finally, Mr. Secretary, please give the subcommittee a com-
prehensive report 45 days from now on what the VA has done to
further investigate and address those matters at Fayetteville
raised by this hearing. I hope you will do that.
The subcommittee will hold a follow-up hearing after it has your
report and the results of the VA sexual harassment survey.
I want to again thank you for coming. I appreciate your candor.
As I said, we have had other discussions, and I have always en-
 79
joyed meeting with you. I know that sometimes we have to discuss
very hard and frank issues, but I do appreciate you always being
there when I call for you to come.
We will dismiss this panel at this time.
Deputy Secretary GoBER. Thank you, sir. On behalf of the VA
staff here, I appreciate the candor that we shared, and I want to
just reemphasize that we want everyone to know, particularly our
employees out there that we are still on their side.
Mr. EVERETI'. Thank you, Mr. Secretary.
Mr. MERRIMAN. Mr. Chairman, with your permission, I would
ask some of my staff to join me today.
Mr. EVERETI'. Absolutely, and, Mr. Merriman, you are Deputy In-
spector General. If you would introduce your staff, I would appre-
ciate it.
Mr. MERRIMAN. Yes, sir.
On my left I have Mr. Jack Kroll, Assistant Inspector General.
On my right I have Ms. Maureen Regan, my counsel. Mr. Bennett
is part of her staff, and Ms. Shelly, Judy Shelly, is staff to Mr. Jack
Kroll.
Mr. EVERETT. Thank you.
And if you will at this time, please, I would like to swear the
panel in.
[Witnesses sworn.]
Mr. EVERETI'. Thank you.
I would ask that we confme the statements to yours, Mr.
Merriman.
Mr. MERRIMAN. Yes, sir.
Mr. EVERETI'. And that you be as brief as possible, and we will
submit the entire statement or other statements for the record.
STATEMENT OF Wll..LIAM T. MERRIMAN, DEPUTY INSPECTOR
GENERAL, DEPARTMENT OF VETERANS AFFAIRS ACCOM-
PANIED BY JACK KROLL, ASSISTANT INSPECTOR GENERAL;
MAUREEN REGAN, COUNSEL; MICHAEL BENNETT, OFFICE
OF COUNSEL; AND JUDy SHELLY, OFFICE OF THE ASSIST
ANT INSPECTOR GENERAL
STATEMENT OF Wll..LIAM T. MERRIMAN
Mr. MERRIMAN. Yes, sir. Mr. Chairman and members of the com-
mittee, I am pleased to be here today.
With your permission, I would like to enter my prepared state-
ment for the record and use this opportunity to summarize some
of the work my office has done with respect to sexual harassment
in the Department of Veterans Affairs.
Mr. EVERETI'. So ordered.
Mr. MERRIMAN. I would like to start by saying that the Office of
the Inspector General takes the issue of sexual harassment very se-
riously, and allegations involving sexual harassment brought to our
attention are pursued vigorously.
Our first major investigation of sexual harassment complaints
against senior VA managers was in 1992 at the VA Medical Center
in Atlanta. We found sexual harassment by top managers and sys-
temic problems that deterred female employees from reporting alle-
gations of sexual harassment.
 80
VA took swift corrective action on the systemic problems and re-
placed the medical center's top three managers.
In March of 1993, we completed a comprehensive audit of VA's
EEO Program, with emphasis on sexual harassment and made sev-
eral recommendations for improving the overall program. While
there have been delays in implementing some of the recommenda-
tions, full implementation is anticipated in the near future.
It is important to point out that because there are other channels
for reviewing allegations of sexual harassment, such as VA's formal
EEO process, the number of cases reviewed by the IG is low. For
example, of the 3,029 hotline cases opened by my office during the
past 5 years, only 29 were related to sexual harassment.
An analysis of the 29 cases indicates that senior managers were
involved in five of the cases. The most publicized of the five cases
involved the former Director of the VA Medical Center, Fayette-
ville. OlIr review determined that the former Director sexually har-
assed one of the three women who made allegations against him.
While we determined there was insufficient evidence to support
a finding that he sexually harassed the other two female employ-
ees, we did conclude that the former Director's behavior towards
them was abusive, threatening, and inappropriate.
A November 1996 report recommended that appropriate adminis-
trative action be taken against the Director for sexual harassment
and for his pattern of inappropriate behavior. We wer.e\ informed
that the former Fayetteville Director was downgraded ~ trans-
ferred to a GS-14 nonsupervisory position at the VA Medic~Cen
ter in Bay Pines, FL, and that he was allowed to retain his SES
pay.
Questions have been raised as to whether the punishment was
appropriate. The IG was not involved in the decision relating to the
penalty imposed on the former Director. In accordance with stand-
ard practice in the Inspector General community, we do not rec-
ommend specific punishments.
The deCIsion whether to take administrative action and the ac-
tion to be taken is vested in the deciding management official. Dis-
ciplinary action is a management responsibility. Because the IG is
independent of VA management, it is important that the line be-
tween management and oversight be respected.
Another important reason why the IG does not recommend spe-
cific disciplinary actions is that management officials making such
decisions must consider the Douglas factors, which are beyond the
scope of our review.
These factors include such things as the employee's length of
service, past disciplinary record, severity of misconduct, grade
level, penalties imposed for similar behavior, and other potential
mitigating circumstances.
The IG function is to determine whether the allegations are true
or not. Consideration of the Douglas factors is part of the analysis
that management officials are required to undertake when pre-
sented with proof of misconduct. The recommendation of specific
penalty of misconduct needs to be the result of this two-part
process.
Recently Secretary Brown testified that he will review all admin-
istrative actions involving senior VA officials. This will help insure
 81
consistency and fairness in deciding appropriate administrative
actions.
Secretary Brown has also made it clear that the department's
policy on sexual harassment is zero tolerance and that it is the re-
sponsibility of every employee to establish a work environment that
is free from sexual harassment and other forms of discrimination.
To heighten employee awareness, VA has taken a number of im-
portant steps in recent years, including requiring every VA em-
ployee to complete EEO training.
Thank you, Mr. Chairman, for this opportunity to comment on
the work of the IG in this important area. I would be pleased to
respond to your questions and those of the committee.
[The prepared statement of Mr. Merriman appears on p. 208.]
Mr. EVERE'IT. Thank you very much, and we appreciate you
being here today.
In regards to Fayetteville, what were you asked to investigate
and by whom?
Mr. MERRIMAN. We received allegations from Senator Faircloth,
I believe it was, from a complainant that talked in terms of an abu-
sive atmosphere at Fayetteville. We called the VISN Director and
found that they were aware of some of these complaints and had
planned a visit to Fayetteville.
In talking to some of the staff provided by the complainant, we
came across a sexual harassment complaint by one of the individ-
uals.
Subsequently problems of a sexual nature were provided to the
VISN Director that he gave us. We agreed to go and iook at the
sexual harassment allegations at Fayetteville. The VISN would
take a look at the other areas of alleged misconduct.
Mr. EVERE'IT. Did you make any recommendations regarding any
need for additional investigations at Fayetteville?
Mr. MERRIMAN. No, we did not. Mr. Whatley, of course, was
going to look into that.
Mr. EVERE'IT. Were you asked to investigate whether additional
instances of sexual harassment or misconduct had occurred, other
than the three cases you discussed in your report?
Mr. MERRIMAN. No. No, sir.
Mr. EVERE'IT. Does the IG have information about any other in-
stances of sexual harassment or other conduct by Mr. Calhoun?
Mr. MERRIMAN. No. No, sir, not today.
Mr. EVERE'IT. If you are made aware of that, you can investigate
further?
Mr. MERRIMAN. Sure, we could look at it further.
Mr. EVERE'IT. Did you interview Susan Odom, who also worked
in the Director's executive suite?
Mr. MERRIMAN. Pardon me, sir?
Mr. EVERE'IT. Did you interview Susan Odom who also worked-
Mr. KROLL. No, we did not.
Mr. EVERE'IT. Any particular reason you did not interview her?
Mr. MERRIMAN. She was not directly involved in the sexual har-
assment allegations that we were reviewing. She was not brought
up as a witness in any of the statements.
Mr. EVERE'IT. In Case No.3, you indicated that it was her word
against his. Isn't that commonplace in sexual harassment cases be-
 82
cause harassers do not typically do it in front of witnesses? And
does that mean you cannot substantiate a sexual harassment case
based on the word of a woman?
Mr. MERRIMAN. Go ahead.
Ms. REGAN. That is often true that it is one person's word
against the other, and what we had looked at in the evidence was
whether or not there was any corroborating testimony, not nec-
essarily from somebody who observed it, but from somebody who
they complained to at or about the same time.
I believe in the case where we did find sexual harassment, one
of the things we looked at was who this person had complained to,
and those people corroborated that this person had complained to
them, but otherwise you are left with something happened, and it
is just one person's word against another, and there is nothing to
substantiate it or corroborate it.
What we did find, which we thought was just as egregious, was
the abusive conduct.
Mr. EVERE'IT. Thank you.
Did you interview Clint Norton, Rosanna Morris, Wilson Can-
teen, or Corine Cook?
Mr. MERRIMAN. No, sir.
Mr. EVERE'IT. And the reason would be?
Ms. SHELLY. I did talk to Rosanna Morris by telephone briefly,
and it was just after I had gone through her documentation of her
EEO complaint. I had a question on one small section of it.
Mr. EVERE'IT. I am sorry. Who?
Ms. SHELLY. Rosanna Morris.
Mr. EVERE'IT. Rosanna Morris. Okay, and the others, I assume
no one asked you to interview them or you did not determine that
they had anything directly to do with the case?
Ms. SHELLY. That is correct.
Mr. EVERETT. Okay, and you did not pursue anything with Ms.
Morris?
Ms. SHELLY. No, I did not.
Mr. KROLL. No, sir, but she had an EEO complaint, and normally
we would defer to the EEO process. The IG would not jump in the
middle of that process.
Mr. EVERE'IT. Those are all of my questions. I am going to turn
it over to our Ranking Member, Mr. Clyburn.
Mr. CLYBURN. Thank you, Mr. Chairman.
Susan Odom, didn't that name come up earlier? You said you did
not have any allegations about her directly. Her name did not come
to you from one of the complainants?
Mr. KROLL. There was no allegation of sexual harassment. She
was involved in some of the other allegations that were being re-
viewed. These allegations were really more in the area that Mr.
Whatley was reviewing, the misconduct, mismanagement.
Mr. CLYBURN. Well, maybe this has changed. My understanding
of the sexual harassment guidelines that were handed down some
years ago, that if a party is benefitting in the work place from giv-
ing or providing sexual favors, another party who feels that he or
she is not being allowed to participate similarly can, in fact, bring
a sexual harassment complaint. Am I correct?
Mr. KROLL. Yes.
 83
Ms. REGAN. Yes.
Mr. CLYBURN. I am correct?
Mr. KROLL. Yes, sir.
Ms. REGAN. Yes, sir.
Mr. CLYBURN. Okay. So if I am correct then, and one of the par-
ties who brought this complaint, I think, testified earlier that she
spoke with Mr. Calhoun about his involvement with Ms. Odom, you
do not think that would have given you some basis to go talk to
her?
Mr. MERRIMAN. From what I have heard today, I wish we would
have talked to Ms. Odom.
Mr. CLYBURN. I wish you had, too, sir.
Mr. MERRIMAN. Undoubtedly we were focused on the three indi-
viduals and what happened to them and what could be corrobo-
rated with respect to their circumstances. Given it to do allover
again, I would have filled in that gap. I regret that we did not.
Mr. CLYBURN. Well, I am sorry you did not also, but I think, if
my memory serves me well, that is a part of sexual harassment
that has been around for ten or 15 years, and it would seem to me
that that is something you should look at pretty quickly, especially
in circumstances such as what we have heard here today.
I am interested in what is going to happen with these other com-
plaints. Now, I am hearing that there are some complaints still
r ending in Fayetteville regarding Mr. Calhoun. Now, that is what
have heard. Is that correct?
Mr. MERRIMAN. EEO.
Mr. CLYBURN. There are some EEO complaints in Fayetteville?
Ms. SHELLY. Yes.
Mr. CLYBURN. Okay. This settlement agreement, which I am hav-
ing some real problems with, I do not understand how you entered
into a settlement agreement without involving the people on whose
behalf the settlements are being reached, and I am told that this
was done without their input at all, but that has been done.
But that is a settlement regarding those people who have gone
on before these people who are still sitting in Fayetteville.
Mr. MERRIMAN. That is correct.
Mr. CLYBURN. So then if the complaints still in Fayetteville were
to move to some official investigation, then irrespective of what this
agreement is, the instrument that we have all seen here today that
is in the record, irrespective of that, we are talking about a new
ball game, are we not?
Ms. REGAN. You mayor may not be talking about a new ball
game. One of the problems is that action was taken, and the indi-
vidual was taken out of the Senior Executive Service. Now, wheth-
er or not you would go back and have new conduct charges based
on conduct a while ago, you might be facing the same problem be-
fore the Merit System Protection Board on whether or not they
would sustain a removal.
Mr. CLYBURN. Oh, you might be, and you might not be.
Ms. REGAN. And you mayor may not be depending on what hap-
pens with it.
Mr. CLYBURN. Absolutely.
Ms. REGAN. But I do think that you do have a problem with the
time element if this person is not misperforming after being taken
 84
out of the SES, whether or not, having read a lot of MSPB cases
on this issue, they would actually remove him from service because
of that.
I mean it is a risk, and until all of the cases are in and the evi-
dence is looked at, I do not think anybody can make a decision
whether or not there is enough there to go forward with a removal
action.
Mr. CLYBURN. Well, I did not say remove him.
Ms. REGAN. Well, one of the problems you have with the Senior
Executive Service position, which is what he was in when these
events occurred, I think one of the things Mr. Snyder said a couple
of times is whether or not there are legal impediments. You only
really have two choices for a disciplinary action against a member
of the Senior Executive Service. One is a suspension greater than
14 days, and the other is removal. You do not have a lot in
between.
The only way you can get a person out of the Senior Executive
Service is for a performance based action, and even then there are
some save pay provisions included in that. There is nothing in be-
tween to get this person out of a management position.
Having read a lot of the cases on sexual harassment and mis-
conduct, you have to go back to the Douglas factors, and part of the
testimony today, I think, from Ms. Caruana was that some of this
behavior did not occur when Mr. Calhoun had a supervisor. That
testimony would be considered by MSPB under the Douglas factors.
There are a lot of things that have to play into this, but I hon-
estly think that if MSPB was faced with removal in this cir-
cumstance, they may not sustain it. You could end up with a 90-
day suspension, which seems to be what they give out most of the
time.
Mr. CLYBURN. Well, I understand. I think I understand all of
that, but let me go to the policy. Do all of you believe that the peo-
ple throughout the VA hospital system are aware of the zero toler-
ance policy and understand it?
Mr. MERRIMAN. I suspect that they are aware that there is a zero
tolerance policy. At least there must be a high percentage of them
who would be. The Secretary has made it a major issue.
And quite early on, just having everybody go through the train-
ing, they should be aware that that is his policy.
Mr. CLYBURN. Now, we heard testimony here today from one
lady who said she had no understanding that the so-called training
was available to anybody other than supervisors. So it was obvious
she did not go through the training.
Mr. MERRIMAN. That is true, but I would think the majority of
the individuals have been through the training.
Mr. CLYBURN. It seems to me it would be up to the VA's manage-
ment to make sure that everybody is exposed to the training, right?
Mr. MERRIMAN. That is correct.
Mr. CLYBURN. And do you think that is being done? That is being
done?
Mr. MERRIMAN. I think they take it very seriously. In our organi-
zation, we have gone through great pains to make sure our people
are participating in the training, and from what I have observed,
 85
I would be surprised if there were facilities out there that did not
comply with the Secretary's directive on that.
Mr. CLYBURN. How many witnesses did you all talk to?
Mr. KROLL. At least 20.
Mr. CLYBURN. At least 20. Now, these witnesses, tell me a little
bit about how you came to these witnesses. Just one thing led to
another? How did you get to these witnesses?
Mr. KROLL. That was part of it, sir. Part of it came from the
original complainant. The original allegations that came in from
Senator Faircloth from this complainant were very general. There
was allegations of misconduct and abuse with no specifics.
We were able to go back through the Senator's office to the origi-
nal complainant, and that person was able to provide us some
names of individuals that we could talk to, and then one thing just
led to another from there.
Mr. CLYBURN. So the complaints that you were acting on had
nothing to do with the EEO complaints that were being acted on
separate and apart which were filed and may have been going
through the administrative process?
Mr. KROLL. Right, and in fact, if there is an active, ongoing EEO
investigation, we would generally shy away from that case because
we would let the EEO process handle the complaint.
Mr. CLYBURN. So then you focus on what we would call bad man-
agement kinds of procedures rather than the sexual harassment?
Mr. MERRIMAN. No. The VISN was supposed to focus on the bad
management. The reason we really got involved was we saw three
individuals who had not filed EEO cases, may had missed their
time frames, and we might be the only ones who could bring some
reconciliation to it. So we went after it because it was sexual har-
assment and complaints had not been filed through the formal
process.
Mr. CLYBURN. May I ask you before my time is up are there any
other sexual harassment complaints being looked into right now by
the IG's Office separate and apart from this Fayetteville?
Mr. MERRIMAN. Yes.
Mr. CLYBURN. You do have others?
Mr. KROLL. Outside Fayetteville.
Mr. CLYBURN. Yes, sir.
Mr. KROLL. Yes, sir. We have reported in our testimony that we
had two ongoing cases.
Mr. CLYBURN. Two ongoing cases. Now, have these cases been
subjected to that so-called team-what was it we heard earlier?
Has a team been sent in?
Mr. KROLL. The process that Deputy Secretary Gober described
was an agency process, one that he would establish for the com-
plaints that came through the management chain. On complaints
that come through the IG chain, we would send our own team in
to investigate.
Mr. CLYBURN. Well, why would a sexual harassment come to the
IG?
Mr. KROLL. We have an IG hotline, and we get thousands of calls
on that hotline.
 86
Mr. CLYBURN. So if you get a sexual harassment complaint on
the hotline, you would not go to the agency and see that they go
through the regular procedure?
Mr. MERRIMAN. The first place we would check is if it is in the
EEO chain, and if it is already being investigated by the EEO proc-
ess, we would shy away from that.
Mr. CLYBURN. Well, suppose it is not.
Mr. MERRIMAN. Well, there is a second process. It could be one
of the administrative review teams that Deputy Secretary Gober
described. If it is being reviewed, we also would shy away from it.
We would open an oversight case just to oversee the results of it,
but we would not investigate it.
But if there was no other ongoing investigation, then we would
do it, particularly where it involves a senior official. Here, in this
case, the Director is the EEO officer also for that facility.
Mr. CLYBURN. I guess what I am trying to get to here, Mr. Chair-
man, it would seem to me that especially in this Fayetteville case
where the perpetrator was, in fact, the EEO officer who was, in
fact, the head of the agency, it would seem to me that the IG Of-
fice, if I understand, and maybe I do not know what the IG Office's
duties and responsibilities are, would be there to preserve the in-
tegrity of the VA irrespective of who is in charge of what.
Mr. MERRIMAN. Yes, sir.
Mr. CLYBURN. Well, then if that is true, it would seem to me that
you would be looking at whether or not a proper response was
made by management to the allegation in the first place.
Mr. MERRIMAN. To Fayetteville?
Mr. CLYBURN. No, no, no. Whether or not management makes
the proper response to the allegations of sexual harassment in the
first place.
Mr. MERRIMAN. For all sexual harassment?
Mr. CLYBURN. For all sexual harassment no matter where it
comes from. The Inspector General, it seems to me, ought to be see-
ing whether or not all of this stuff happens the way it should hap-
pen and will not be guided by whether or not the person has to be
the manager or not.
Mr. MERRIMAN. That is, in fact, what we did in terms of Atlanta.
Now, when we went down to Atlanta and we found a major prob-
lem there, we felt the whole process was broken. That is why we
did a VA-wide audit of the EEO process, which led to the zero tol-
erance policy.
Mr. CLYBURN. Right.
Mr. MERRIMAN. Okay. Now, I have seen that the Secretary seems
to be serious about it. He has got a lot of pronouncements out.
They are going through this training. We are not getting a lot of
spillover sexual harassment complaints on our hotline. I have not
seen the need to go out and look at the whole process again.
I do not think that we can put ourselves into the management
chain and review each EEO complaint that is looked at by manage-
ment to look at it ourselves.
Mr. CLYBURN. No, sir, I am not asking you to review all of them.
I am asking you whether or not you will review those. You were
in here this morning earlier when the five ladies talked?
Mr. MERRIMAN. Yes, sir.
 87
Mr. CLYBURN. All five of them said that they have no faith in the
process.
Mr. MERRIMAN. Correct.
Mr. CLYBURN. Now, some kind of way we have got to put some
faith in this process on behalf of our employees. So I guess I am
asking you what steps then do you take from the IG's Office to let
people know that there is, in fact, a hotline and that you can, in
fact, dial up this hotline and what kind of a response you can ex-
pect to get from it.
It would seem to me that some of these people here today would
have used the hotline knowing full well that the guy that is caus-
ing this problem is the EEO officer.
Mr. MERRIMAN. He is the Director, pght.
Mr. CLYBURN. He is Director of the agency and the EEO officer.
Did any of them use the hotline?
Mr. EVERETT. Let me conclude. Mr. Clyburn'S time is out.
Mr. CLYBURN. Oh, yes.
Mr. EVERETT. And I ask unanimous consent that he be given ad-
ditional time. (Laughter.)
Mr. CLYBURN. Okay. Thank you.
Mr. MERRIMAN. The hotline is well publicized, for starters. Now,
certainly where you have the problem is where the head of the fa-
cility is the EEO officer and he has corrupted the system.
Mr. CLYBURN. Absolutely.
Mr. MERRIMAN. Okay. Now, I am aware of two instances of that.
One was Atlanta; the other was Fayetteville, and one way or an-
other we have gotten into them.
I cannot disprove a negative. I cannot say there is not some other
one out there that is like that. I guess perhaps a protection would
be when the Secretary goes out with additional information on this,
he can say that if your problem is with the head of the facility, you
can, in fact, go to the OIG hotline. More publicity along those lines
could help with that.
Mr. CLYBURN. Well, in pursuing these kinds of investigations,
would it not be a proper act of the IG's Office to make rec-
ommendations to the Secretary as to what ought to be done to pre-
vent anymore Atlantas and anymore Fayettevilles?
Mr. MERRIMAN. Certainly, yes, and Deputy Secretary Gober has
asked us to provide him with input based upon the problems with
Fayetteville as to how we think the process can work.
Mr. CLYBURN. Let me ask you what you think about this practice
that the VA has, a practice, I might add, that I have a real problem
with, that we spoke of back in 1993 when we were trying to get
H.R. 1032 passed, a practice of making the head of the agency the
EEO officer.
What do you think about that?
Mr. MERRIMAN. Well, it has the advantage of having a person in
the position to take some action. That is a plus, I suppose.
Mr. CLYBURN. Well, tell us about the disadvantages and the
minuses.
Mr. MERRIMAN. The disadvantage is if that person goes sour.
Then your whole process at the facility is damaged.
Mr. CLYBURN. Well, would it not also be the same case if that
person is standing there with a sword over everybody's neck?
 88
Ms. REGAN. That is the problem, is when the individual who is
the discriminator or the alleged discriminating official is, in fact,
the head of the group that you are in, the Director of a Regional
Office.
But one of the things that maybe they need to look at is the proc-
ess because the informal process within the hospital is mandatory
under the EEO laws. Maybe there needs to be a way that the VA,
and probably other agencies, have a route to go if that person is
the problem. In other words, somebody at headquarters that will
take those complaints, something to that effect. We can probably
look into that.
Mr . CLYBURN . Would you be willing to say to the Secretary that
he ought to take another look at H.R. 1032? It is not too late for
us. It may not have the same number, but we certainly can have
the same law.
Mr. MERRIMAN. He certainly could take another look at it. I do
not have a position on it one way or another myself. I am not that
familiar with it, sir.
Mr. CLYBURN. Would you say that something needs to be done
to set up a process, a formal process, that people will have some
faith and confidence in?
It doesn't bother you that all of these people say they have got
no faith in the process?
Mr. MERRIMAN. Well, certainly it bothers me. I would hope that
when you see the results of their survey that they have put out,
based upon a GAO report where they went out to 30,000 people,
you will have a better idea of across the board in the department
what the faith in the system is.
If that is giving you indications like you have heard today, then
obviously there is a major problem. If it is giving you a high level
of confidence in the EEO process, maybe it would give you--
Mr. CLYBURN. Well, let me ask you about that process. When
those come in, you get the results by center?
Mr. MERRIMAN. The department contracted with a private con-
tractor to get that information. Is it by center?
Mr. KROLL. We do not really know. The agency has not released
the final report.
Mr. CLYBURN. I am going to end here, Mr. Chairman, but I think
we ought to ask the Secretary to make sure that we get those re-
sults by center. I do not want them to come up and give us-you
said 20,000?
Mr. MERRIMAN. They went out 30,000 individuals.
Mr. CLYBURN. Thirty. You have 30,000 individuals in one lump
sum. You could still have two very rotten centers out there that
may get smothered by all the good centers in that report.
I will want to see that report center by center if it is going to
do us any good.
Thank you, Mr. Chairman.
Mr. EVERETT. Thank you.
One of the things that my colleague is pointing here to is the fact
that even with a new situation that is described by the Secretary
to us, we see a disconnect, and we do not know how you overcome
that disconnect. We see ways around or ways for the department
 89
heads or Directors to halt the situation, stop the situation from
going any further.
Sb I appreciate the line of questions there, and I will go to our
ever patient Mr. Snyder. Thank you.
Mr. CLYBURN. I am sorry.
Mr. SNYDER. Thank you, Mr. Chairman.
We have been here since 9:30. We all get rewards for patience,
correct? (Laughter.)
I just have a few questions. Now, I assume that this is your re-
port, the Office of the Inspector General, and your language, this
paragraph that you heard me read earlier in which you concluded
that he was abusive, threatening, inappropriate, and less than
truthful, a specific question I had. I mean basically what you are
saying is he lied to you.
Mr. MERRIMAN. That is correct.
Mr. SNYDER. Does that not put him in a new category some-
where? I mean it is one thing for me to come to you and you inves-
tigate me and I say, ''Yeah, I really did grab her breast at the
Christmas party. I am sorry. It was stupid. I had been drinking."
It is another when a lies, looks you directly in the eye, and you
know it is factually correct that he lied to you.
Mr. MERRIMAN. Well, it never comes out quite like that. He does
not remember something that has happened. You talk to somebody
else. You go back to him, and that triggers his memory, and now
he recalls the results of it.
It enters into the credibility determination that we go through as
to whether we are going to believe his testimony or not, and that
was a major part in the report.
Mr. SNYDER. You had a fairly strong statement here, I thought.
I mean less than truthful.
Mr. MERRIMAN. Yes.
Mr. SNYDER. I mean, I suspect you think. he lied to you.
Ms. BENNETT. I think. the key example of that was when Ms.
Force testified that she had been banned from the building. The Di-
rector denied making that statement, and other people corrobo-
rated her version that she was, in fact, denied from the building,
and that is a pretty strange order to come from the Director.
Mr. SNYDER. Yes, yes.
Ms. REGAN. Sir, are you suggesting that there should be addi-
tional charges?
Mr. SNYDER. In answer to your question, if someone lies to you,
does that put it in a different category?
Ms. REGAN. Axe you suggesting there would be additional
charges for lying?
Mr. SNYDER. Potentially. I mean we talked about a rehab. pro-
gram. I mean Mr. Gober. Part of the rehab. is, I think, fessing up,
and so we now have reassigned a person that you all in your hearts
believe lied to you.
Ms. REGAN. One of the problems, I think, and there are some re-
cent federal court cases, is that you cannot take disciplinary action
for lying if you are lying about the charges against you. There are
a couple of federal court cases on that, and they are somewhat re-
cent. One is a VA case.
 90
There used to be a policy in the VA that you could be charged
for lying during an investigation, but if you are the one being
charged, you are allowed to lie basically, and you cannot be
charged with it.
Mr. SNYDER. Well, maybe that is something we need to look at.
Mr. EVERETT. Would the gentleman yield?
Mr. SNYDER. Mr. Clyburn, help me out. Oh, help me, help me.
Mr. EVERETT. Would the gentleman yield a moment?
Mr. SNYDER. Oh, yes, sir.
Mr. EVERETT. I am interested in this line of questioning.
Mr. SNYDER. I am, too.
Mr. EVERETT. I mean, it is a federal offense to make false state-
ments; is that correct?
Ms. REGAN. That is what we think.
Mr. EVERETT. False official statements.
Mr. MERRIMAN. That is right.
Mr. EVERETT. And are you saying that you can make a civil
agreement that would not allow those statements to be prosecuted?
Ms. REGAN. I am saying that in those cases where they have
charged an employee who lied during an official investigation about
charges against that employee, they are not allowed to bring those
charges. The court has said it is unconstitutional.
Basically, just to summarize, you are allowed to lie about charges
against yourself. That is what they have said.
Mr. EVERETT. Let me ask you to respond directly to what I am
asking. Can you make a civil agreement, such as this document
that was made with Mr. Calhoun, that precludes charging him
with the crime of making false official statements?
Ms. REGAN. I do not know the answer to that. I am not sure it
would be an agreement.
Mr. EVERETT. Thank you.
Mr. SNYDER. He means in the agreement that we have here that
allows him to be transferred to Florida and wait for 3 years before
coming back into the system. He is saying can you put that into
this kind of a document.
Mr. EVERETT. This is a civil document.
Ms. REGAN. You mean a settlement agreement? You could put it
in a settlement agreement, yes.
Mr. EVERETT. Would that preclude him from being prosecuted
from making false official statements? You said he lied.
Ms. REGAN. Well, I guess I have a problem because I do not
think you can prosecute him for making those statements. You
could put it in the agreement or not put it in the agreement. I just
do not think the agency can charge him with it or anybody could
prosecute him.
Mr. EVERETT. Mr. Snyder, I appreciate you allowing me to inter-
rupt.
Mr. SNYDER. No, that is fine.
On that line, Mr. Merriman, I think it would be helpful to us if
you all would have your legal folks do an analysis for us as to why
because that impacts on the work you do.
Mr. MERRIMAN. Yes, sir, certainly.
Mr. SNYDER. I mean wouldn't you much rather go in and say,
"Mr. Snyder, you have been accused of outrageous behavior at the
 91
Christmas party, and I need to inform you that if you do not tell
me the truth you can be prosecuted as a felony under federal law
for giving false statements to a federal employee or federal inves-
tigative office"? I mean I think that would be helpful to you. It
would certainly be helpful, I would think, with these things.
With regard to the Douglas factors, which I thought that was an
old actor, but I guess that is Douglas Fairbanks, and I guess this
is not your bailiwick since you are the inspection angle of it, but
you did the only discussion of it today.
But I notice that one of the factors is previous penalties for simi-
lar offenses.
Mr. MERRIMAN. Yes.
Mr. SNYDER. So we now have by the statement of the vets folks,
we have nine, I think, that have retired or resigned. So I guess
number ten comes along, and we actually try to terminate him.
Part of that argument is going to be: wait. The previous nine, they
got the buyout and retire. They were reassigned to Florida. They
only tried to terminate one.
I mean am I understanding?
Mr. MERRIMAN. I think they said they retired or resigned.
Mr. SNYDER. Yes.
Mr. MERRIMAN. As opposed to reassigned.
Mr. SNYDER. Yes.
Mr. MERRIMAN. I do not see why that would affect it.
Mr. SNYDER. Since they did not actually--
Mr. MERRIMAN. They were not penalized per se. So I do not think
that would set a precedent.
Mr. SNYDER. Okay. That may be something to look at.
The incident with the woman at the Christmas party where she
was actually grabbed, I think, Mr. Clyburn, you might help me out.
That is pretty close to a misdemeanor crime. How do you all re-
spond when you run across incidents, and I do not think that was
a woman that you talked to.
Mr. MERRIMAN. No, sir.
Mr. SNYDER. But when you hit things that are, let's say, clearly
criminal, even maybe at the misdemeanor level, how do you re-
spond to that? Do you call attention? Do you flag that this may
well have been a violation of federal law?
Help me with that.
Mr. MERRIMAN. Yes. We have criminal investigators ourselves,
but even on the administrative side if we come across the criminal
issue, we can take it to the U.S. Attorney's Office ourselves, and
we probably have examples where we have done that.
Ms. REGAN. Yes. We would get the criminal matter resolved,
whether or not it was going to be prosecuted or whether there was
enough evidence to prosecute it before we issue a report. We have
done that in other reports.
Mr. SNYDER. So if you run across and you say, ''Wait. This is not
sexual harassment. This was sexual battery or a rape," you would
feel comfortable taking it on yourself to give one report to the VA
and a separate, different report?
Mr. MERRIMAN. To the U.S. Attorney.
 92
Mr. SNYDER. To the U.S. Attorney. You would not pass that on
to the VA and say, "You all need to make a decision about whether
you pass to the U.S. Attorney"?
Mr. MERRIMAN. No.
Mr. SNYDER. You do that totally separate.
Mr. MERRIMAN. That would be us, yes, sir.
Ms. REGAN. The IG Act gives us that responsibility.
Mr. SNYDER. You are kind of the ombudsman for that.
Mr. BENNETT. The Inspector General Act requires that if we have
reasonable belief that a crime has been committed, we have to in-
form the Attorney General or the local U.S. Attorney's Office.
Mr. SNYDER. Okay, and then I guess my last question, Mr.
Merriman, to you or to everyone is more just kind of we are real
big on morale in the military and morale at the VA. I mean just
reading your Paragraph 2 there where you have concluded that he
was abusive, threatening, inappropriate, and lied to you, I mean,
how is your morale to find out that somebody like that is now mak-
ing IOO-and some thousand dollars in Florida? Is that what you all
thought was going to happen?
Mr. MERRIMAN. Well--
Mr. SNYDER. I mean, do you feel good about that with all the
work you did?
Mr. MERRIMAN. No, I do not feel good about it.
Mr. SNYDER. You thought you had a pretty strong case, I think.
Mr. MERRIMAN. I know we had a strong case. What we would
have liked to have seen done was our work, along with the work
of Whatley or if that was too shallow they could have gone out with
another administrative group, put together the strongest charge
they had and make a decision as to whether or not they could get
removal.
Now, there is a risk involved. If they tried for it and they failed,
then perhaps it would be mitigated to a 90-day suspension, and you
heard what their concerns were.
Mr. SNYDER. That is why I come back to talking to the women
about making a run at it because I think that like Ms. Force
seemed like she was comfortable with, okay, that was good; get him
out of administration. I would think there would be occasions when
you get the women together and say, ''We are willing to take that
chance."
Mr. MERRIMAN. Sometimes.
Mr. SNYDER. ''We have got to terminate this son-of-a-gun." But
you do not ask them. I mean, I think that gives you as the adminis-
trator a sense of kind of the outrage, which will kind of help you
weigh.
I mean I am just rambling on now.
Mr. MERRIMAN. Well, sometimes it is better to take the shot even
if you do not succeed. Having taken the shot might be more condu-
cive to the department than the loss.
Mr. SNYDER. At least you know that your administrator or who-
ever it is came to you, sought your opinion, and when you said,
''Yeah, let's go for it," they stood with you and said, ''You know, we
may not make this one," but they stood with you.
Thank you, Mr. Chairman.
 93
Mr. EVERETT. I appreciate that line of questioning, and I would
like to associate myself with it. Any time you go to court there is
a chance, and I think at Fayetteville, we missed a great oppor-
tunity to rid the system of somebody who should not be in the
system.
Mr. MERRIMAN. Yes, sir.
Mr. EVERETT. I thank this panel for its appearance here today,
and I will now at this time dismiss you.
We are going to take a 2 or 3-minute break, and we will come
back to this panel in just a second.
[Recess.]
Mr. EVERETT. Thank you for appearing here today. I would like
to recognize Dr. Miller, President of the Nurses Organization of
Veterans Affairs; Mr. Berry Jordan, National President of the Fed-
eral Managers Association; Ms. Kitty Peddicord, Women's Director
of AFGE; and Ms. Nelms, President of the Federally Employed
Women, Inc.
Thank you, and if you would proceed with your statements, and
I would urge you to please be brief, and that we will submit your
entire statements into the record.
Thank you, ladies and gentleman, and Ms. Nelms, if you would
please start.
STATEMENT OF DOROTHY NELMS, PRESIDENT, FEDERALLY
EMPLOYED WOMEN, INC.
Ms. NELMS. Good afternoon, Chairman Everett and distinguished
members of the subcommittee.
First, we thank you for the opportunity to appear before you
today. We have our written statement submitted, and having lis-
tened to all of the previous panels, I will probably just give you an
overview and not go into all that is in our written statement today
in the interest of time.
Mr. EVERETT. Thank you so much.
Ms. NELMS. Federally Employed Women is a national organiza-
tion of workers of the Federal Government and designed specifi-
cally to eliminate sex discrimination. Of all the areas of sex dis-
crimination, we think sexual harassment is probably the most per-
vasive and the one that does most to set back the careers and aspi-
rations of women in the Federal Government.
As an organization, we have done a lot to fight against sex dis-
crimination. When Chairman Everett mentioned a while ago deja
VU, I had an even deeper sense of deja vu because I testified as
President of FEW back in 1979, when Congressman Hanley of New
York had the first subcommittee hearing on sexual harassment,
and so I find it astounding that I am here almost 20 years later,
and some of the same issues are surfacing around an issue like sex-
ual harassment. So it is really amazing how things happen like
that.
When you think about all of the things that have hap:pened in
terms of sexual harassment; that we finally have a law m place,
(it has been determined that it is illegal under Title VII of the civil
rights law); we have got policies written by most agencies; and al-
most all agencies have engaged in training about sexual harass-
ment. It is really unbelievable that sexual harassment continues.
 94
Even according to the latest survey by the Merit Systems Protec-
tion Board, the amount of sexual harassment of women is about 45
percent, and it is about 20-some percent of men in the Federal Gov-
ernment.
You look at an organization like the Department of Veterans M-
fairs that has done all of these things. They know the law. They
have a zero tolerance policy. They had mandatory training of 4
hours for everybody in the VA, and yet you continue to hear from
GAO, the IG, and from others about the level of sexual harassment
in the VA. What is it going to take to change this situation?
There are a couple of things that I would like to talk about: first,
the impact on women. When you look at the women that spoke this
morning, I do not think anybody in here could not help feeling a
pang in their hearts about what they had been through in terms
of the agonies of sexual harassment and abusive treatment on the
job. The detrimental effect on their careers, on their personal lives,
probably on their spouses or significant others, if they even had
them, is unimaginable in terms of looking at the effects of sexual
harassment.
The Department of Veterans Affairs has an additional respon-
sibility because they administer to the needs of veterans. There are
almost 400,000 women veterans, and with the amount of sexual
harassment and assault in the military, there are a number of
those women veterans who are women who will be seeking help
from the VA. With stories like this about the sexual harassment in
the VA, could they possibly have a level of satisfaction that their
needs would be ministered to satisfactorily?
I heard one of the officials from the VA say that they knew how
this would appear to people; that is, the handling of Mr. Calhoun's
case. It would give the appearance that perhaps they, the VA did
not really care about sexual harassment, and that perhaps the pol-
icy was not significant. The officials said it almost like an after-
thought. But that is one of the most important things about a pol-
icy in an organization: that people have faith that the policy is
meant; that people have faith that the organization will carry out
what they say in the policy.
And when employees in an or~anization see what looks like a
distinct action that is so contradictory to the policy, they lose all
faith in the system, and when you talk about the number of com-
plaints in an organization, it is directly related to how free people
feel to file a complaint and whether or not they feel their complaint
will be handled in a responsive manner.
When you also hear comments by GAO about some of the rea-
sons the VA disallowed complaints, included many that were dis-
allowed on technical grounds. That means they have lost all
thought of what the intent of the law was on equal opportunity,
and the courts went to great effort to make sure that there were
very few technical disallowances of discrimination cases. The intent
was to get to the substance of the cases, and so when you have
these technical disallowances, people never have a chance on the
substance of the cases.
There are specific guidelines on how long it should take you to
process a case, and it looks like they were overlooked. Again, an-
other message is sent out to employees.
 95
So our concern is for the employees of the Department of Veter-
ans Affairs who probably feel as lost and lonely as the women that
testified here this morning that they are in an organization that
just does not seem to honor its own policy, does not seem to care
about the impact on their own employees about sexual harassment.
We are sincerely hoping that this subcommittee hearing will
bring some of these thin~s more closely to the forefront and that
some definitive action will be taken about those employees and
those women veterans who look to the Department of Veterans Af-
fairs for their services.
[The prepared statement of Ms. Nelms appears on p. 218.]
Mr. EVERETl'. Thank you very much for those words. Dr. Miller.
STATEMENT OF MAURA FARRELL MILLER, Ph.D., ARNP, CS,
PRESIDENT, NURSES ORGANIZATION OF VETERANS AFFAIRS
Dr. MILLER. Thank you for inviting me, Mr. Chairman and mem-
bers of the subcommittee.
I am proud to say I am from Florida, and I am an advanced prac-
tice nurse from that statel a state that holds in high esteem the
profession of nursing and tne veteran patients that we care for.
As President of the Nurses Organization of Veterans Affairs, I
am pleased to present this testimony on behalf of all professional
nurses involved with the veteran patient. I speak for our member-
ship and for the more than 40,000 VA nurses. I also speak as a
woman representing thousands of other professional women em-
ployed by the DVA.
My sympathies to the women who have testified here.
To date NOVA has not received any official reports of cases of
alleged sexual harassment of subordinates by senior managements
within DVA, including the one discussed today, Mr. Calhoun.
NOVA is a professional organization, not a labor union or a collec-
tive bargaining group, and we do not handle day-to-day cases of al-
leged sexual harassment or any other issues that need to be re-
ferred to the local level.
In the event that a registered nurse reported such an incident,
NOVA would refer that nurse back to her medical center to report
the incident at the local level.
NOVA applauds Secretary Jesse Brown for his zero tolerance pol-
icy on sexual harassment in the work place, and we support the
DVA policy that prevention and reporting of sexual harassment is
every employee's responsibility.
In my preparation for this testimony I called Dr. Nancy Valen-
tine, the chief consultant of the Nursing Strategic Health Group at
DVA headquarters. Dr. Valentine has also informed me that to
date there have been no reported incidents of sexual harassment
regarding DVA professional nurses.
Now, this might be explained in several ways. The lack of re-
ported incidents of sexual harassment at VA headquarters could be
due to the fact that EEO counselors have informed me that they
try to make every attempt to resolve such issues at the local level,
and therefore, such reports do not make it to the headquarters
level.
Another explanation could be that incidents of sexual harass-
ment involving registered professional nurses are not being re-
 96
ported at all and also not being reported to VA headquarters due
to the sensitive nature and fear of the personal or professional con-
sequences resulting from nurses reporting such incidents.
Experts acknowledge that only a fraction of those who are sexu-
ally abused ever report it. However, the total absence of reported
instances of sexual harassment involving VA professional nurses is
contrary to data that has been cited in the literature. I will not go
into it at length. It is included in my testimony.
Preventing and reporting sexual harassment is every DVA
nurse's responsibility. The total absence of reported incidences in-
volving DVA nurses could be a symptom of other problems and
maybe reflective of what is going on in the agency as a result of
health care reorganization. For its very survival, the downsizing
and subsequent health care reorganization has forced professional
men and women to compete for a shrinking pool of health care re-
sources and positions of power and authority at an intensity never
before seen in the history of DVA.
As a female professional nurse working in a historically male,
physician dominated, paternalistic health care system, NOVA sug-
gests that incidences such as these be used as catalysts for positive
change. Further dialogue is needed on this and other perceived
problems to make the DVA a healthier work place and the em-
ployer of choice for registered professional nurses.
As the DVA health care system evolves and reorganizes, NOVA
encourages the DVA to use opportunities, such as these, to bring
attention to women's issues in the work place, to use more women
in solving problems within the agency, and open up executive
health care management positions to all genders and disciplines.
I would like to thank my legislative co-chairs Barbara Zicafoose
and Dr. Sara Myers for their assistance in writing this testimony,
and I would like all of my oral statements included as part of the
official record, if you would please.
Mr. EVERETT. Without objection.
Dr. MILLER. And I am open for questions.
[The prepared statement of Dr. Miller appears on p. 227.]
Mr. EVERETT. We are going to continue down the panel at this
time.
Ms. Peddicord, if you will give your statement, please.
STATEMENT OF KITTY PEDDICORD, WOMEN'S DIRECTOR,
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
Ms. PEDDICORD. Good afternoon, Mr. Chairman and members of
the committee. I also would like to thank you for this opportunity
to testify before you today on this very important subject.
As has been discussed today, the VA has announced a zero toler-
ance regarding sexual harassment. Secretary Brown has repeatedly
acted to tum around the previously accepted view that allegations
of sexual harassment will merely meet the "good 01' boy" system of
cover-up, denial and frustration.
For instance, the VA now requires all employees to be trained re-
garding sexual harassment, although what we have missed today
is that in sexual harassment training is merely training identifying
what is and is not sexual harassment. It does not include training
on the EEO process . or what avenues are available to employees
 97
who are victims of sexual harassment. I think that is a very impor-
tant point. We are talking about everybody being trained. That is
true to an extent.
And this kind of training of all employees is not routine within
the Federal Government or in the private sector, and we do believe
that this is a good way to start.
However, incidents of sexual harassment have continued, and it
may even be true that the nature of the VA itself, the culture con-
tributes to the problem of sexual harassment.
What I am referring to is the fact that VA facilities operate inde-
pendently. It is a very important point. Each Director has control
of that facility and the EEO process, and it provides a work place
where the ready mixture of a male dominated management over a
female dominated work force primarily in the nursing section and
around-the-clock staffing may, in fact, contribute to the problem.
However, when we called a number of our locals in the VA to
find out about how sexual harassment has been dealt with, what
we are finding is when it comes to bargaining unit employees, em-
ployees covered by a union, that are non-managers and non-con-
fidential employees, that reports of sexual harassment are being
dealt with immediately. There are reassignments by the harasser,
and we are not finding the same problem with bargaining unit em-
ployees that we have seen described today.
There seems to be a difference the way lower management offi-
cials are being dealt with compared to higher level management.
This is of particular concern to us, that high level managers seem
to benefit from some sort of favorable treatment in the agency's re-
sponse to sexual harassment.
We know for a fact that with a typical worker, there would not
be all of this discussion about whether or not you should or should
not do something. They would be fired immediately. Fire them
now; we will litigate later. And what would happen is if the agency
lost, if that case went to arbitration or to the EEOC, the remedy
would be back pay. The person is going to get paid either way if
they lose.
You know, send the message that it is not tolerated. Then find
out whether or not the case will hold up in court. At least that is
how it is treated at the lower level, obviously not at the higher
level.
So there really does not seem to be any valid reason why Direc-
tors or high level officials are treated any differently than those at
the lower level. It is for this reason that we will remain vigilant
on the issue of sexual harassment and other forms of unlawful dis-
crimination in the VA, even under the present more concerned VA
administration.
Two other observations from today's witnesses should be noted.
First, it is often the fact that the most abused cases of ongoing, fes-
tering, unresolved sexual harassment occur between managers and
other managers or non-bargaining unit employees. Why? Simply
because union members have a process available to them for a
quick remedy, namely, the grievance-arbitration process.
Under the AFGE contract, union employees, members of the
union, can go through the grievance process and get a remedy
within months rather than years under the current EEO process.
 98
This is a sharp contradiction, a sharp contrast between the two
processes.
In the agency EEO process, they investigate themselves. This is
not just a problem within the VA. It is federal sector-wide. I want
to be very clear on that. It is not just a problem that we see within
the VA. We see this everywhere.
And having someone investigate themselves is not actually the
best way to get the most accurate assessment, and while they are
investigating themselves, the employee is the victim or can be the
victim of additional harassment and reprisal, which continues to
deplete their ability to work, be productive, and continue.
The second observation, and before I end there, while these
abuses occur, it is important for us to emphasize the value of union
representation in this adversarial process is equal to the union's
value in ourlartnership process, which are two different processes.
The secon observation is our firm belief that the series of sexual
harassment practices attributed to senior level management is
merely reflective of other serious failings in management capabili-
ties. The Director's total arrogance of power that affects many
other employment related decisions, the VA's total lack of checks
and balances are serious, serious problems.
I will conclude by saying we intend to remain vigilant. It is our
intent, and attached to our testimony we plan on studying the VA
internal EEO process, sexual harassment, and discrimination
charges based upon race and gender within the VA. AFGE will be
more than happy once this study is concluded to share our results
with the committee.
I would just su~gest that when the VA is surveying itself, em-
ployees may be a httle reluctant to be quite as honest.
Thank you very much for your time.
[The prepared statement of Ms. Peddicord, with attachments, ap-
pears on p. 231.]
Mr. EVERETT. Thank you, Ms. Peddicord. Mr. Jordan.
STATEMENT OF BERRY D. JORDAN, NATIONAL PRESIDENT,
FEDERAL MANAGERS ASSOCIATION
Mr. JORDAN. Good afternoon, Mr. Chairman and members of the
subcommittee.
I am President of the Federal Managers Association, FMA, Zone
4, Southeastern United States, and also chair of the Professional
Development Committee and the Federal Management Institute,
which is the educational arm of the association.
On behalf of the 200,000 managers and supervisors in the Fed-
eral Government whose interests are represented by FMA, I would
like to thank you for holding this important hearing and for allow-
ing us to present our views on this very important subject.
Today we heard extensive testimony about sexual harassment.
We believe sexual harassment to be costly in time, effort, morale,
disruptive to the work force, the family, and the American public
cannot afford the negative consequences of it.
FMA believes our existing anti-discrimination laws provide a
good framework, but enforcement efforts are not what they should
be. We believe in order to stamp out or eliminate discrimination of
any kind, the efforts must start at the top of the organization.
 99
FMA believes that when discrimination is taken seriously at the
top, every level of the organization follows suit. FMA believes that
each manager must be held accountable. The commitment must be
demonstrated by the head of the organization.
FMA believes that sexual harassment is wrong, that if the em-
ployer finds that sexual harassment did occur, that corrective ac-
tion should be taken with the aim or purpose to deter any future
acts of harassment.
We believe that zero tolerance should not just be an empty
phrase. Failure to act by an agency after evidence shows harass-
ment did occur subordinates the spirit and intent of the law. FMA
supports making sure that every employee from file clerk to politi-
cal appointee knows the law on sexual harassment in very clear
terms and the disciplinary measures that may be used for those
who violate the agency's anti-discrimination or harassment laws.
In FMA's view, the experiences, we believe, that are hallmarks
in promises and practices of successful EEO operations can be
summed up thusly. A sound EEO Program's mission should be to
resolve EEO complaints at the lowest possible level and in a timely
manner. Program ownership should rest under the agency's head.
A properly trained chief EEO counselor should be given authority
to manage the program and then be accountable.
EEO counselors should be selected and trained to advise employ-
ees and managers on EEO matters, to conduct limited fact finding,
and be neutral in attempts to resolve employee concerns.
EEO programs should be structured to identify problem areas in
the agency and report to senior leadership for review and action
the results of those problems identified.
Implementation of an aggressive EEO education program should
include some type of alternative dispute resolution method. An
automated tracking system of EEO complaints should be estab-
lished. Key managers should be briefed on EEO complaints quar-
terly. We believe pamphlets and a brochure should be developed
and distributed to the work force outlining the steps in the EEO
process, including the pre-complaint and complaint stages.
We believe that specific information, such as how to file a com-
plaint and who to file that complaint with, should be on official bul-
letin boards throughout the agency.
Periodic complainant surveys should be developed and distrib-
uted to the work force to let the agency know how the complain-
ants' needs are being met. Monthly reports to directors highlight
departmental EEO activities should be provided for review and ac-
tion. Quarterly EEO meetings chaired by senior management offi-
cials and attended by agency heads should be implemented for an
agency-wide perspective of the EEO activity.
Chief EEO counselors should analyze report data and provide re-
sults to senior level management for review and action. As is cur-
rently the practice in DOD, agencies should establish partnerships
between themselves and an independent investigative body to pre-
vent even the perception of a conflict of interest.
FMA believes agencies implementing these practices enjoy, num-
ber one, a higher resolution rate of EEO complaints, lowered num-
bers of formal complaints, stability of their EEO counseling pro-
 100
gram, and a proactive approach to complaint resolution which in-
stills employee faith in the Frocess.
FMA makes a number 0 conclusions, recommendations. That is
the concept of a hostile environment and sexual harassment should
be institutionalized through education and training to both super-
visors and to employees, and when sexual harassment has oc-
curred, immediate corrective action should be taken.
Agencies should be encouraged to expand the use of alternative
dispute resolutions to supplement the current EEO process. Super-
visors and managers should be made aware of their rights when
identified as principal agency witnesses in sexual harassment com-
plaints, and agencies should incorporate clear criteria into their
personnel performance evaluations requiring adherence to EEO
principles.
In conclusion, I want to thank you again for inviting FMA to give
our views. We look forward to working with you, and we hope that
we can continue to take corrective action to stop discrimination and
insure that there is no reprisal against those who exercise their
rights.
We thank you.
[The prepared statement of Mr. Jordan appears on p. 238.]
Mr. EVERETT. Thank you for your testimony.
Thank you all for your testimony. It has been a long day, and
you have been very patient, and this committee very much appre-
ciates that.
I appreciate and associate myself with almost all of your re-
marks. They were right on target.
Ms. Peddicord, the committee would be most appreciative if you
could make the results of your survey available to the committee.
Ms. PEDDICORD. It will be our pleasure.
Mr. EVERETT. Thank you very much.
I am not going to prolong this hearing by subjecting you to a lot
of questions, many of which have already been asked, but I would
ask that my colleague, Mr. Clyburn, if he has questions to please
to ahead.
Mr. CLYBURN. Well, I gather, Mr. Chairman, that all of the mem-
bers of this panel were present throughout all of the testimony
here today, and I would just ask that anything that you know, es-
pecially you, Dr. Miller, about the VA system.
There seems to be as I think the Chairman called it a disconnect
here, and we have been wrestling with this now for 4 years, tried
to codify some procedure, met with resistance, and now we are
back here with Fayetteville seeming to be more egregious than
even Atlanta was.
What would you recommend? Do you have any ideas about what
we ought to do here, that this subcommittee ought to be rec-
ommending to the full committee and hopefully to the House as to
how we would address some of these matters?
Dr. MILLER. Well, I do believe that the VA has a culture of its
own and historically that has been proven by the last several years
of testimony. However, Mr. Spence, I do believe, is the one who tes-
tified that he is involved with the military sexual harassment proc-
ess, and the VA and the DOD are now intimately involved with
sharing agreements whe:r;e professional nurses, physicians, other
 101
types of federal employees are now going to be working more close-
ly with the military on a regular basis via sharing agreements that
the federal agencies are exploring as ways to cut the federal budget
and to reduce costs and improve quality of care.
Now, I would think that with this merging of facilities and staff,
that we should be held to the same standards and process of re-
porting that is going to be held with the military, and I know from
the media the military is now on the hot seat, and it is going to
be probably for quite a while.
But I think that we should all be held to the high standard of
excellences when reporting such instances because we are all
human beings and having to work in similar situations and with
similar types of patients and responsibilities, and wherever there
are instances where women and men have to work together, profes-
sional women and men anyway, I think we must be held to a high
standard, and I think it should be the same. That my personal
view.
Mr . CLYBURN. Well, let me ask you specifically about the EEO
designation or the practice that the VA has of designating the cen-
ter Director as the EEO officer. Do you have any feelings about
that?
Dr. MILLER. Well, I do say I like your suggestion earlier today
about having an independent reporting process, and that would
kind of eliminate the conflict of interest or rooster and henhouse
situation, as you referred to earlier. I think that was a very good
suggestion, and I support that.
Ms. PEDDICORD. There are several things that can be done. I
agree with her suggestion. Having the Director of the medical facil-
ity also be the chief EEO officer does have benefits and it does
have drawbacks. So that can be addressed, and a number of these
things can be addressed.
The entire handling of EEO process within the VA can be
changed today without a law because the way it is set up in the
Federal Government is each agency has the authority to set up
their own procedures. So Secretary Brown tomorrow can come out
and say, "Okay. None of the Directors are the chief EEO officers
anymore."
What would probably be the most beneficial is to use the sugges-
tions from the IG. Where there are problems go to the Secretary
and ask that they devise a new system that takes in the problems
that have been identified over the past couple of years and come
up with a different system.
The EEO counselors, I was involved in a joint training of man-
ager and union representatives down in Nashville, Tennessee, a
couple of years ago. The counselors themselves, you have to realize,
this is not a full-time job for them. They do this part time. They
receive some training. They are called on occasionally.
So the advice that they give to potential victims could change.
They may not be up to date. Maybe we need to have full-time EEO
personnel. That does not require legislation.
Mr. CLYBURN. Right.
Ms. PEDDICORD. So there is a quicker fix than legislation.
Ms. NELMS. There is one other glitch I would like to comment on
sort of in this same area. In my other life outside of FEW, I am
 102
also an attorney on civil rights, and I do a lot of training for the
managers on EEO, civil rights, prevention of sexual harassment,
and a lot of my training has taken me to the scientific communities
where people have scientific degrees, and I think this same glitch
I have seen in the VA exists in a lot of scientific communities, and
I hate to generalize. However, I will because I think there is a way
that a lot of people in the scientific profession, from my experience,
do not really look at laws as applying to them, do not really look
upon themselves as managers who have to listen to the rules and
regulations that normal managers have to listen to, and it makes
a kind of culture that says we are either above that or outside of
that or not really involved in that.
And I think when you get that kind of perspective, you get prob-
lems like NIH has had with discrimination issues, like the VA is
having on this, like the Indian Health Service has had on other
things, and I think there is a certain mentality in those scientific
communities which I have observed too often in training situations
that says they need to be convinced that these laws apply to them,
that they are real managers, and as real managers, they have real
responsibilities, and they need to understand their job is to enforce
those policies and laws and regulations.
Mr. CLYBURN. Well, Ms. Nelms, this may be a surprise to you,
but I agree with you. (Laughter.)
Ms. NELMS. Thank you.
Mr. CLYBURN. Thank you, Mr. Chairman.
Mr. EVERETT. Mr. Snyder.
Mr. SNYDER. Thank you, Mr. Chairman.
Just one or two questions for Dr. Miller and Ms. Peddicord. I am
a family practice doctor and went to medical school, signed with
VA, and then did part of my residency in a VA, a different VA over
a 20-year period, and the issue I think you mentioned, Ms.
Peddicord, as did Mr. Hinch earlier on today, about the 24-hour na-
ture of veterans' facilities, and I guess I would add on a few other
possible components there.
Maybe it is just the line of work, I guess, doctors and nurses. It
is kind of an earthy business when you start ripping people's
clothes off and doing all of the kinds of things we do. You kind of
start talking about tatoo locations or something on patients.
But I think we also have the factor, too, do we not, the issue that
a lot of VAs are teaching hospitals? So you end up with a fair num-
ber of people between the age of 22 and 26, and unfortunately for
a lot of us that was our social life. I mean that is how you met your
circle of friends, and it would be 3 a.m., and you know what I am
talking about with on-call schedules and that.
My question is having said all that, and I think those may be
factors in this 14 percent business, but of course, the cases we are
talking about do not have anything to do with that. They were
eight-to-five employees, totally removed from medicine. They were,
I think, clerical people and did not have anything to do with doc-
tors and nurses.
Would you just comment on that if you would, please?
Ms. PEDDICORD. Well, I agree with you. The difference is that all
of the women that spoke earlier today, all of the victims, were not
members of a bargaining unit. They were personal secretaries, con-
 103
fidential secretaries and supervisory positions. So it is very limited
what resources they have available to them.
Another problem that can occur is as teaching hospitals have, is
a number of people from different cultural backgrounds where be-
havior in one culture may be acceptable whereas in this culture it
is not acceptable. So that may contribute to the problems with the
24 hours, and if you are a resident you are working 48 hours
straight, and maybe people are not quite thinking the way they
normally would if they had 8 hours' sleep.
But as I stated earlier, those incidences that we are getting that
involve bargaining unit employees are being dealt with imme-
diately. There is action being taken right away, and so although in-
cidents still occur from our perspective they are being addressed
appropriate, and not that they're not a problem, but we do see a
change in the culture in the people that we deal with from ignoring
the situation and, oh, you know, "Your dress was a little too short.
What do you expect?" to one that respects each other as workers
irregardless of our gender.
Mr. CLYBURN. Thank you, Mr. Chairman.
Mr. EVERETT. Thank you, and again, I want to thank the mem-
bers of this panel, and, Ms. Nelms, I really hope this is not deja
vu allover again, as Yogi might say.
This committee, I can assure you, is dead serious, and we will
have follow-up hearings.
I would point out to the panel and others that this committee
consists of the full VA Chairman, Mr. Stump, also the full National
Security Chairman, Mr. Spence, and the Personnel Subcommittee
Chairman on National Security, Mr. Buyer, who will have this
similar situation in the military.
In addition to that, on my right here, I am very pleased to have
as my ranking member Mr. Clyburn, who has extensive knowledge
in this particular field and is one of the brightest members of the
class of 1992.
In addition to that, we have--
Mr. CLYBURN. With one exception, right?
Mr. EVERETT. With one exception. (Laughter.)
In addition to that, we have the full Ranking Member of the VA
Committee, Lane Evans, and Lane has already had to leave, and
a medical doctor, Dr. Vic Snyder.
So this is, frankly, a hard working committee. These people are
dedicated to get the information out and, frankly, to accomplish
something so that in 20 more years you will not have to be back
here again. As a matter of fact, we hope in a year you will not have
to be back here again, and this committee will have follow-up hear-
ings. We intend to stay on top of this.
I believe if a solution is possible, we will get it, and I think,
frankly, a solution is possible. I think we can all work together and
take a lot of the recommendations you have made. I know Sec-
retary Brown is fully behind this. He wants to see it accomplished.
I think that we can get there and that we should get there.
Again, it has been a long day. I appreciate your patience in re-
maining to testify. We have heard some compelling testimony
today. As I have stated earlier, the subcommittee will closely mon-
itor the VA's follow-up to this hearing.
 104
All members have 5 legislative days to submit questions for the
record to each of the witnesses.
Again, thank you very much. This hearing is adjourned.
[Whereupon, at 4:05 p.m., the subcommittee was adjourned, sub-
ject to the call of the chair.]
 APPENDIX

STATEMENT OF THE HON. LANE EVANS

RANKING DEMOCRATIC MEMBER
SUBCOMMITTEE ON OVERSIGHT & INVESTIGATIONS
HEARING ON SEXUAL HARASSMENT IN THE VA
APRIL 17.1997

MR. CHAIRMAN AND RANKING DEMOCRAT

CLYBURN, I WOULD LIKE TO THANK YOU FOR YOUR

INTEREST IN HOLDING TODAY'S HEARING. AS SOME

OF YOU MAY REMEMBER, WHEN I SERVED AS

CHAIRMAN OF THIS SUBCOMMITTEE IN 19921 HELD

A SIMILAR HEARING ON THE ISSUE OF SEXUAL

HARASSMENT AT THE VA. UNFORTUNATELY,

TODAY'S TESTIMONY WILL SHOW THAT MANY OF

THE PROBLEMS THAT WERE INITIALLY BROUGHT TO

THIS SUBCOMMITTEE'S ATTENTION BACK IN 1992

CONTINUE TO PERSIST AT THE VA TODAY.

SOME OF YOU MAY RECALL THE COMPELLING

TESTIMONY WE HEARD DURING THE 1992 HEARING

FROM DONNA GRABARCZYK (GRA-BAR-SIK).

(105)
 106

MS. GRABARCZYK (GRA-BAR-SIK) TESTIFIED THAT

SHE HAD BEEN SEXUALLY ASSAULTED BY THE

CHIEF OF FISCAL SERVICE AT THE LYONS, NEW

JERSEY VA HOSPITAL WHERE SHE WORKED. IT

TOOK THE VA SEVEN MONTHS TO INVESTIGATE HER

ALLEGATIONS, AND IN THE MEANTIME SHE WAS

FORCED TO LIVE IN CONSTANT FEAR OF ANOTHER

CONFRONTATION WITH HER ASSAILANT. ONCE THE

VA COMPETED ITS INVESTIGATION, THE PROPOSED

RESOLUTION WAS TO ENCOURAGE

MS. GRABARCZYK (GRA-BAR-SIK) TO TRANSFER

FROM THE FACILITY.

MS. GRABARCZYK'S (GRA-BAR-SIK'S) HARRASER

WAS ALLOWED TO TAKE DISABILITY RETIRMENT

FROM THE VA. IN THE MEANTIME, MS.

GRABARCZYK (GRA-BAR-SIK) WAS DIAGNOSED

WITH POST-TRAUMATIC STRESS DISORDER (PTSD)

BECAUSE OF THE HARASSMENT. TWO MONTHS

AFTER HER 1992 TESTIMONY, SHE WAS PLACED ON

 107

LEAVE WITHOUT PAY FROM THE VA BECAUSE OF

HER HARASSMENT-RELATED ILLNESS.

MS. GRABARCZYK (GRA-BAR-SIK) HAS BEEN

RECEIVING REGULAR MEDICAL CARE AND THERAPY

SINCE DECEMBER 1992. HER DOCTOR HAS

DIAGNOSED HER WITH A TEMPORARY TOTAL

DISABILITY, AND SHE IS CURRENTLY RECEIVING

WORKER'S COMPENSATION BECAUSE OF HER

ILLNESS. SHE TELLS US SHE PRESENTLY TAKES

THREE DIFFERENT MEDICATIONS EACH DAY TO

TREAT HER PTSD.

MR. CHAIRMAN, DONNA GRABARCZYK'S

(GRA-BAR-SIK'S) STORY IS NOT A HAPPY ONE.

WHEN WE HEARD HER TESTIFY IN 1992, MOST OF

US MAY HAVE REASONABLY CONCLUDED THAT THE

WORST WAS BEHIND HER AND THAT THERE WOULD

BE ONLY MINIMAL LONG TERM EFFECTS FROM HER

HARASSMENT. OBVIOUSLY MS. GRABARCZYK'S

(GRA-BAR-SIK'S) TROUBLES HAVE NOT GONE AWAY

 108

SINCE 1992. IT IS A TRIBUTE TO THE LEADERSHIP

OF THIS SUBCOMMITTEE THAT THE INTEREST IN

THIS ISSUE HAS NOT SUBSIDED EITHER SINCE THAT

TIME.

UNTIL THE VA TRULY ADDRESSES THE SEXUAL

HARASSMENT PROBLEM AT THE REGIONAL AND

FACILITY LEVELS, STORIES LIKE THE ONE WE

HEARD FROM DONNA GRABARCZYK (GRA-BAR-SIK)

- AND STORIES LIKE THE ONES WE WILL BE

HEARING TODAY - WILL CONTINUE TO BE PLAYED

OUT THROUGHOUT THE HALLS OF THE VA. I

BELIEVE IT IS OUR RESPONSIBILITY TO DO ALL WE

CAN AS MEMBERS OF THIS COMMITTEE TO SEE TO

IT THAT THERE IS NO NEED FOR THIS TYPE OF

HEARING FIVE YEARS FROM NOW.

IN CLOSING, I WANT TO MAKE IT CLEAR THAT I

DO NOT QUESTION SECRETARY BROWN'S

PERSONAL COMMITMENT TO ERADICATING THE

 109

FESTERING PROBLEM OF SEXUAL HARASSMENT IN

THE VA. THE SECRETARY'S "ZERO TOLERANCE"

POLICY INSTITUTED IN 1993 WAS A STRONG STEP IN

THE RIGHT DIRECTION . BUT UNTIL THE VA CAN

SHOW THAT ITS POLICY HAS TEETH, WE WILL

CONTINUE TO KEEP THE HEAT ON THE VA ON THIS

ISSUE IN THE MONTHS AND YEARS TO COME. OUR

VETERANS AND THE EMPLOYEES WHO SERVE

THEM SHOULD EXPECT, AND DESERVE, NO LESS.

THANK YOU, MR. CHAIRMAN.

 110

Statement of Donna Grabarczyk

Thank you for your inquiry about by status since the September 17,
1992 hearing. I regret that serious personal family health problems
preclude my attendance.

I have been on Leave Without Pay status from the Department of

Veterans Affairs (OVA) since December 1992 for my work-related
condition resulting from experiences while at the OVA. My treating
physicians determined that I have a temporary total disability.

I have received regular medical care including medication requiring

blood test monitoring and therapy since October 1990. I presently see
a psychiatrist and therapist and take three different medications
daily for a diagnosis of post traumatic stress disorder .

In March 1994, I was notified by a newspaper reporter of the six

month jail sentence received by my harasser who violated his
probationary terms in March and April, 1994 . I was referred and
treated for functional gastro-intestinal tract complaints related to
post traumatic stress disorder.

I filed and won a civil suite against my harasser, but the judgment
awarded has not been obtained due to his retirement status.

I recently read quotes from Secretary Brown referring to

demotion / dismissal of hospital officials as " devastating" and in
speaking of training programs, there would always be "10 percent
unable to make that adjustment" following training .

I ask the Committee members and Secretary Brown to consider the

devastating, incapacitating impact of sexual harassment on the health ,
family, career and financial security of the dedicated, productive and
loyal OVA employees no longer able to proudly serve veterans because
they were subject to this behavior.

The costs of each case for legal expenses, decreased morale and
productivity, loss of highly motivated employees and hiring / retraining
replacements must be exorbitant.

How is it possible for OVA officials exhibiting sexually harassing

behavior to attain, maintain and progress in their positions?

I don't know what side effects and long term damages I may suffer
from medications taken the past six and a half years to help control
symptoms . I don ' t know if , despite the help of caring professionals,
I'll ever be able to stop treatment .

I am grateful for the opportunity to provide this statement . My

thanks to all the Committee members for their concerned efforts to
achieve the "zero tolerance " advocated by the OVA .

I remain respectfully yours.

 111

THE HONORABLE MICHAEL BILIRAKIS

SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS
APRIL 17, 1997

HEARING ON SEXUAL HARASSMENT ISSUES

AT THE DEPARTMENT OF VETERANS' AFFAIRS

THANK YOU, MR . CHAIRMAN.

FIRST, I WANT TO THANK YOU FOR RESPONDING TO MY REQUEST

BY SCHEDULING TODA V'S HEARING ON SEXUAL HARASSMENT

ISSUES AT THE DEPARTMENT OF VETERANS' AFFAIRS. I ALSO

APPRECIATE THE OPPORTUNITY TO PARTICIPATE IN THIS HEARING

,
EVEN THOUGH I AM NOT A MEMBER OF YOUR SUBCOMMITTEE.

DURING THE 102ND CONGRESS, I SERVED AS THE RANKING

MINORITY MEMBER OF THE OVERSIGHT AND INVESTIGATION

SUBCOMMITTEE. AS YOU MENTIONED EARLIER MR. CHAIRMAN,

WE CONDUCTED A HEARING ON SEXUAL HARASSMENT IN THE VA

WORKPLACE IN 1992.

AT THAT TIME, WE HEARD FROM SEVERAL VA EMPLOYEES WHO

HAD BEEN THE VICTIMS OF SEXUAL HARASSMENT. IT TOOK A

GREAT DEAL OF COURAGE FOR THESE WOMEN TO COME FORWARD

AND SHARE THEIR EXPERIENCES WITH OUR COMMITTEE. MANY OF

THESE WOMEN WERE ALSO SUBJECTED TO ACTS OF RETALIATION

BY THEIR ABUSERS AND OTHER VA EMPLOYEES.

 112

THEIR PERCEPTION, WHICH WAS SHARED BY MANY OTHER

EMPLOYEES, WAS THAT THE VA DID NOT TAKE SEXUAL

HARASSMENT COMPLAINTS SERIOUSLY. THERE WAS A GREAT

DEAL OF SUSPICION AND DISTRUST CAUSED BY TOO MANY YEARS

OF APPARENT TOLERATION OF UNACCEPTABLE BEHAVIOR.

WITHOUT QUESTION, OUR 1992 HEARING REVEALED THAT THE

PROCESS IN PLACE AT THE VA FOR INVESTIGATING SEXUAL

HARASSMENT COMPLAINTS WAS SERIOUSLY FLAWED.

CONSEQUENTLY, THIS COMMITTEE UNANIMOUSLY APPROVED

LEGISLATION, WHICH WAS LATER PASSED BY THE HOUSE, TO

ADDRESS THE PROBLEMS AT THE VA. H.R. 1032 WOULD HAVE

PROVIDED FOR IMPROVED AND EXPEDITED PROCEDURES FOR

RESOLVING COMPLAINTS OF EMPLOYMENT DISCRIMINATION,

INCLUDING SEXUAL HARASSMENT COMPLAINTS.

WHEN WE CONSIDERED H.R. 1032, SECRETARY BROWN

OPPOSED THE PASSAGE OF THIS LEGISLATION BECAUSE HE

PREFERRED TO TAKE ADMINISTRATIVE ACTION INSTEAD. THE

SENATE DID NOT ACT ON H.R. 1032, AND THE BILL WAS NEVER

ENACTED INTO LAW.

TO HIS CREDIT, SECRETARY BROWN ESTABLISHED A POLICY OF

"ZERO TOLERANCE" OF SEXUAL HARASSMENT AND OTHER FORMS

OF DISCRIMINATION WITHIN THE DEPARTMENT OF VETERANS'

 113

AFFAIRS EARLY IN HIS TENURE AS SECRETARY. I GUESS THE

QUESTION FACING US TODAY IS WHETHER OR NOT THIS POLICY IS

SUFFICIENT.

ALMOST FIVE YEARS AFTER OUR FIRST HEARING, WE ARE FACED

WITH A SIMILAR SITUATION AT THE VA. THIS MATTER WAS

BROUGHT TO MY ATTENTION AGAIN WHEN THE DIRECTOR OF THE

FAYETTEVILLE VA MEDICAL CENTER WAS FOUND TO HAVE

SEXUALLY HARASSED ONE FEMALE EMPLOYEE. HE ALSO ENGAGED

IN "ABUSIVE, THREATENING AND INAPPROPRIATE" BEHAVIOR

TOWARDS OTHER FEMALE EMPLOYEES. THIS DIRECTOR WAS

TRANSFERRED TO THE BAY PINES VA MEDICAL CENTER WHICH

SERVES MANY OF THE VETERANS IN MY CONGRESSIONAL

DISTRICT. HE WAS ALLOWED TO RETAIN A SALARY OF MORE

THAN $100,000 IN A POSITION CREATED SPECIFICALLY FOR HIM .

I HAVE HEARD FROM MANY OF MY CONSTITUENTS, PARTICULARLY

FEMALE VETERANS AND VA EMPLOYEES, WHO ARE OUTRAGED BY

THE DEPARTMENT'S ACTIONS ON THIS MATTER. THEY DO NOT

BELIEVE THAT THE VA TOOK ANY PUNITIVE ACTION AGAINST THIS

SENIOR VA EMPLOYEE.

I HAVE REVIEWED THE TESTIMONY OF TODAY'S WITNESSES WHO

WERE SUBJECTED TO ABUSIVE TREATMENT WHILE WORKING IN

THE FAYETTEVILLE MEDICAL CENTER. SADLY, THEIR STORIES

 114

MIRROR THOSE THAT WE FIRST HEARD IN 1992. DESPITE THE

SECRETARY'S ZERO TOLERANCE POLICY, IT APPEARS THAT THE VA

HAS FAILED TO ADEQUATELY IMPLEMENT SUFFICIENT

ADMINISTRATIVE PROCEDURES TO DEAL WITH SEXUAL

HARASSMENT COMPLAINTS .

I KNOW FROM THEIR TESTIMONY THAT OUR WITNESSES BELIEVE

THAT THEIR ~. , "IASSER WAS NOT PROPERLY OR ADEQUATELY

PUNISHED. IN FACT, THEY FEEL HE WAS REWARDED FOR HIS

ACTIONS "BY BEING SENT TO THE PLACE HE WANTED TO BE WITH

A RAISE IN SALARY."

THIS CERTAINLY APPEARS TO BE THE CASE. CONSEQUENTLY, I AM

GREATLY CONCERNED THAT THE VA'S POLICY OF "ZERO

TOLERANCE" HAS, AT BEST, NOT BEEN IMPLEMENTED UNIFORMLY,

AND AT WORST, HAS BEEN IGNORED. THIS IS WHY I REQUESTED

TODAY'S HEARING.

IN 1992, I SAID THAT "EVERYONE HAS THE RIGHT TO LIVE AND TO

GO TO WORK WITHOUT FEAR OF HARASSMENT OF ANY SORT .. . WE

OWE ALL FEMALE VETERANS AND ALL FEMALE VA EMPLOYEES THE

ASSURANCE THAT WE WILL NOT TOLERATE SEXUAL HARASSMENT

AT ANY LEVEL." THIS STATEMENT IS JUST AS RELEVANT TODAY

AS IT WAS FIVE YEARS AGO.

 115

I HOPE THIS HEARING WILL GIVE US SOME GUIDANCE ON HOW TO

REFORM THE COMPLAINT PROCESS AND HOPEFULLY WILL BE A

STEP TOWARDS ASSURING THAT SEXUAL HARASSMENT

ANYWHERE IN OUR SOCIETY, BUT MORE SPECIFICALLY IN OUR

VETERANS' HOSPITALS, WILL BE A THING OF THE PAST.

ONCE AGAIN, MR. CHAIRMAN, THANK YOU FOR SCHEDULING THIS

HEARING . I LOOK FORWARD TO WORKING WITH YOU,

REPRESENTATIVE CLYBURN, AND THE OTHER MEMBERS OF THE

OVERSIGHT SUBCOMMITTEE ON THIS IMPORTANT ISSUE.

 116

~ Department of
Veterans Affairs

Office of inspector General

SPECIAL INQUIRY

ALLEGED IMPROPER CONDUCT

BY A SENIOR OFFICIAL
VA MEDICAL CENTER FAYETTEVILLE, NC

Date: November 8,J996

Report No. 7PR-G02-007

WARNING
PRIVACY ACT STATEMENT

This report contains information subj~cr 10 the pro\'isions of the Priv:u:y Act of 19'" (5 l '.S.C. Seclion 5521). Such
information may be disclosrd only 85 . urhorized by this 5latute. Questions concerning rticltsc of this report thereof shou ld be
('Go rdinated with t he Department of Vcttrans Affain. Office of Inspeclor General. The co ntents of this I'"('porl must bc
safeguarded fro m unauthol'"ized disclosure and may b( shar-ed within the Department of Velrr:1ns ,Hr"irs on l!. n(('dlo know
basi ~o nl).

Office of Inspector General

Washington DC 20420
 117

TO: Veterans Health Administration, Network Director (ION6)

SUBJECT: Special Inquiry, Alleged Improper Conduct by a Senior Official, VA

Medical Center, Fayetteville, NC, Report No. 7PR-G02-007

I. The Department of Veterans Affairs (VA), Office of Inspector General

(OIG) reviewed allegations that Mr. Jerome Calhoun, Director, VA Medical
Center, Fayetteville, North Carolina, sexually harassed three women. Two of
these allegations surfaced during a review of a Hotline complaint sent to our
office. The third sexual harassment complaint was referred to us by your office.
We also received allegations from Senator Lauch Faircloth concerning misconduct
and unprofessional behavior by Mr. Calhoun. These allegations were referred to
your office for appropriate action. Based on your review, you concluded
Mr. Calhoun was not effective as a Medical Center Director.

2. Our review determined that Mr. Calhoun sexually harassed one of the three
female employees. While we could not conclusively determine whether he
sexually harassed the other two employees, we did conclude that Mr. Calhoun's
behavior toward them was abusive, threatening, and inappropriate. We also
concluded that Mr. Calhoun was less than truthful about certain matters in
responding to the allegations, which raised some doubt concerning his credibility.

3. Regarding the first complainant, Mr. Calhoun made inappropriate

comments of a sexual nature. Some of the comments Mr. Calhoun made to her
were witnessed by others, and Mr. Calhoun himself, at least partially,
acknowledged having made the comments. However, given the speech and
behavior of the first complainant, we are concerned that a sexual harassment
charge would be difficult to uphold because it could be found that such comments
were neither uninvited nor offensive. We did conclude that Mr. Calhoun' s
treatment of the first complainant was inappropriate and abusive. Mr. Calhoun
admitted to being loud, emotional, and profane. Due to stress that resulted from
the overall abuse by Mr. Calhoun the complainant removed herself from the
workplace. Eventually, she filed a claim with the Office of Workers '
Compensation due to her stress, and that claim was approved.

4. The second complainant testified that Mr. Calhoun made unwelcome sexual
advances toward her and retaliated against her when she rejected his suggestions

i
 118

that they have a personal relationship. Our review substantiated quid pro quo
sexual harassment and sexual harassment for creating a hostile work env '1TT' ~ nt .
The quid pro quo sexual harassment was a result of Mr. Calhoun 's ["o.a . .. on
against the complainant by reassigning her to a position that she was not qualified
for. because she rejected his proposals. The creation of a hostile and offensive
work environment resulted because Mr. Calhoun continued to make unwelcome
and inappropriate comments of a sexual nature to the complainant after she had
clearly indicated her discomfort with such comments. We found the testimony of
the complainant to be credible in that it was corroborated over and over again by
the views of other medical center employees and the complainant's psychologist.
Due to the sexual harassment, this complainant transferred to another medical
center.

5. The third complainant testified that Mr. Calhoun made unsolicited verbal
comments of a sexual nature to her on more than one occasion. The complainant
told us there were no witnesses to the remarks on either occasion. Y1r. Calhoun
denied making comments of a sexual nature to the complainant. He suggested that
the complainant was angry at him because he transferred her out of her previous
position, and that she had falsely made the accusation of sexual harassment out of
revenge. While we could not determine if the allegations of sexual harassment
were substantiated because it was essentially her word against his, we did conclude
that Mr. Calhoun's treatment of the third complainant continued to demonstrate a
pattern of inappropriate and abusive behavior.

6. We recommended that you take appropriate administrative action against

Mr. Calhoun for sexually harassing at least one female employee and for his
pattern of abusive and inappropriate behavior toward all three complainants. You
concurred with our findings and recommendation, and informed us you were
finalizing a plan of action to implement the recommendation. We will review that
plan to ensure it is responsive to our recommendation. and will follow up on its
implementation until the issue is resolved.

~a.tJ~G
~ .JCK H. KROLL
" Assistant Inspector General for
Depanmental Reviews and Management Suppan

Enciosure
 119

FOR OFFICIAL USE ONLY

Public Availability To Be
Determined Under S USC SS2

CONTENTS

Memorandum to the Network Director, VISN 6 ............................................. .

Introduction ........................................................................................................ .

Purpose ...................................................................................................... 1
Background................................................................................................ 1
Scope ......................................................................................................... 3

Results and Recommendation ........................................................................... 4

ISSUE: Did Mr. Jerome Calhoun, Director of the Fayetteville, NC

Medical Center, sexually harass three Medical Center employees? ......... 4

Complainant No. 1.......................................................................... 4

Complainant No. 2............................................................................ 9
Complainant No. 3.......................................................................... 17

Credibility Determination......................... ...... ................................ 18

Conclusion ................................................................................................ 21

Recommendation ............................................ ...... ... ...... ..... ... ........... ...... ... 22

Appendix

VlSN 6, Network Director Comments ..................... ................................. 23

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ALLEGED IMPROPER CONDUCT

BY A SENIOR OFFICIAL
VA MEDICAL CENTER FAYETTEVILLE, NC

Report No. 7PR-G02-007

INTRODUCTION

Purpose

The Department of Veterans Affairs (VA), Office of Inspector Oeneral (orO) reviewed
allegations that Mr. Jerome Calhoun, Director, VA Medical Center, Fayetteville, North
Carolina, sexually harassed three women. At the time of the alleged harassment, the three
women were employed at the Fayetteville VA Medical Center. Two of the allegations
surfaced during a review of a Hotline complaint sent to the oro's Hotline and Special
Inquiries Division. The oro initiated a review of the third allegation in response to a
request for assistance from the Director, Veterans Integrated Service Network in Durham,
North Carolina (VISN 6). We also agreed to conduct this review because the allegations
were serious in nature and involved possible misconduct by a high ranking VA official, and
the statute of limitations for filing Equal Employment Opportunity (EEO) complaints, based
on charges of sexual harassment, had expired.

We also received allegations from Senator Lauch Faircloth regarding misconduct and
unprofessional behavior by Mr. Calhoun. These allegations were referred to VISN 6 for
appropriate action. The Director, VISN 6, initiated a review to determine the validity of the
allegations. Based on that review, he concluded that Mr. Calhoun was not effective as a
medical center director. We have respond to Senator Faircloth regarding the results of that
review.

Background.

Mr. Calhoun became the Director of the Fayetteville Medical Center in April 1994. His
previous assignment was as Associate Director at the VA Medical Center in Buffalo. New
York.

Sexual harassment is recognized in the law as a type of sex discrimination prohibited by

Title VII of the Civil Rights Act of 1964. According to 29 C.F.R. Section 1604.11. sexual
harassment is defined as follows:
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Unwelcome sexual advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature constitute sexual harassment when:

(I) submission to such conduct is made either explicitly or implicitly a

term or condition of an individual's employment;

(2) submission to or rejection of such conduct by an individual is used

as the basis for employment decisions affecting such individual; or,

(3) such conduct has the purpose or effect of unreasonably interfering

with an individual's work performance or creating an intimidating,
hostile, or offensive working environment.

Sexual harassment that occurs when a supervisor bases an employment decision about an
individual on that individual's submission to or rejection of the supervisor's unwelcome
sexual conduct is known as "quid pro quo" sexual harassment. The other major type of
sexual harassment involves inappropriate behavior or speech which creates a hostile work
environment.

While a single isolated incident, such as a threat to take a negative personnel action, may be
sufficient to establish quid pro quo harassment, hostile environment claims can be more
complicated. Generally, there must be a series or pattern of events which are sufficiently
offensive that the work environment has been altered to the extent that a reasonable person
would be uncomfortable or that person's productivity would be negatively affected.
However, even one instance of egregious misconduct, e.g., indecent touching, may be
sufficient to create a hostile environment.

Equal Employment Opportunity Commission guidelines hold supervisory personnel to a

higher standard than co-workers. The employer can be held liable for the improper acts of a
management official even if the official's superiors were not aware of the_misconduct. A
Director of a VA medical center, given that person's overall supervisory and leadership
responsibilities, and that person's position in the EEO process, would be expected to
establish a standard of proper behavior and intolerance of sexual harassment.

VA policy (MP-7, Part I. Change I) also prohibits sexual harassment. According to that
policy. "sexual harassment is unacceptable conduct in the workplace and will not be
condoned." The policy defines sexual harassment as "deliberate or repeated unsolicited

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verbal comments, gestures, or physical contacts of a sexual nature which are unwelcomed.
It is a form of employee misconduct which may create an unproductive or an offensive
working atmosphere and which undermines the integrity ofihe employment relationship."

Scope

To evaluate whether Mr. Calhoun sexually harassed three Medical Center employees, we
interviewed the three women, witnesses who heard or were told of the alleged harassment,
and Mr. Calhoun. All interviews conducted in person, including those with the three
complainants and Mr. Calhoun, were tape recorded and the interviewees were placed under
oath. We also reviewed the personnel records of the three women and obtained available
documentation of the alleged harassment.

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RESULTS AND RECOMMENDATION

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We substantiated the allegations of sexual harassment with respect to one of the three
employees. We found that Mr. Calhoun sexually harassed Complainant No.2.

Regarding Complainant No. I, we determined that Mr. Calhoun did make inappropriate
comments of a sexual nature to her, but we are concerned that a sexual harassment charge
might be difficult to uphold. Given the speech and behavior of Complainant No. I, it could
be found that such comments were not uninvited or offensive to her. With regard to
Complainant No.3, it was her word against Mr. Calhoun's with regard to the sexual
harassment allegation. Therefore, we could not substantiate that allegation, given that
management would have the burden of proof on the issue.

While we could not conclusively determine that he sexually harassed Complainants No. 1
and No.3, we did conclude that Mr. Calhoun's behavior toward them was abusive,
threatening, and inappropriate. We also concluded that Mr. Calhoun was less than truthful
about certain matters in responding to the allegations, which raised some doubt concerning
his credibility.

Complainapt No, 1

The complainant, a secretary to Mr. Calhoun, alleged that on three occasions Mr. Calhoun
made an unsolicited; offensive verbal comment of a sexual nature to her, or threatened to
repeat the comment in the presence of others. The complainant (hereafter referred to as
Complainant No.1, or Ms. A) testified that in February or March 1996, she came into
Mr. Calhoun's office to place some papers on his desk and, as she was leaving, he told her
he had just talked on the telephone to a friend of his and told the friend,that his secretary
does "the strangest thing." He then asked her, "Did you know that every time you get upset
your nipples get hard?" Ms. A told us that her first thought was to slap Mr. Calhoun on the
face, but that she just stared at him and then responded, "No." She said Mr. Calhoun then
told her, "Well, they really do. It's not bad to see you get upset." She testified that she then
left Mr. Calhoun's office without further comment. She said there were no witnesses to this
remark.

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Ms. A testified that, on a second occasion when she was in Mr. Calhoun's office, he
remarked to another person present in the room, "Do you know what happens when [the
complainant] gets excited?" The complainant told us she did not recall if Mr. Calhoun
followed up that remark with a conunent about her nipples. However,the third person in
the room (Complainant No.3, Ms. C) testified that, while Ms. C was talking to
Mr. Calhoun, Ms. A walked in and, after a brief conversation, Mr. Calhoun remarked that
there was something very interesting about Ms. A. According to Ms. C, 1\.1. Calhoun then
remarked that Ms. A's nipples got hard when she was anxious . [Ms. C could not recall if
Mr. Calhoun used the word anxious, nervous, or excited.] Ms. C told us this occurred
around March 1996. According to Ms. C, Ms. A reacted to the remark with a shocked look
on her face, and crossed her arms in front of her.

Ms. A's actions indicate that she was offended and embarrassed by the Director's
statements. Her facial expression, in response to the offensive statements, was described by
Ms. C as "shocked." The crossing of her arms in front of her was clearly an attempt to
cover the part of the body the Director was inappropriately bringing attention to through his
remarks.

Ms. A testified that, several weeks after the first incident, Mr. Calhoun threatened to repeat
the conunent about her nipples in the presence of the Associate Director and the Chief of
Staff. Ms. A told us that after her official duty hours on a Friday afternoon, she delivered a
document to Mr. Calhoun, who was in his conference room with the Associate Director and
Chief of Staff. Upon entering the conference room, Ms. A testified that she told the
Director, Associate Director, and Chief of Staff that she was working late again, was
"drowning" in work and urgently needed additional clerical help to accomplish what
needed to be done. According to Ms. A, Mr. Calhoun responded to her, " You know what
happens to you when you get upset. Do you want me to tell [the Chief of Staff and the
Associate Director] what happens to you when you get upset?" Ms. A testified that she
crossed her arms in front of her, trying to hide her breasts, and responded, "No sir, I don't."
She said she then walked out of the conference room, turned off her computer, and went
home. Ms. A's actions and words again indicate that she found the Dir~ctor's statements
embarrassing and uncomfortable.

Ms. A testified that she told no one about the above remarks for several months. She said
she did not file a sexual harassment charge against Mr. Calhoun because she was afraid of
him and afraid of what her husband would do when he found out. She also testified that she
did not think anyone would believe her allegations.

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In some respects, the Associate Director corroborated Ms. A's testimony with regard to the
third incident. She told us that, while she did not think that Ms. A was shocked, Ms. A did
have "some kind of reaction" to Mr. Calhoun's remark. She testified that after the
complainant 1eft the conference room, Mr. Calhoun told her [the Associate Director],
"You'd have to be a man to appreciate this, so we're not going to even talk about it." The
Associate Director told us that, although Mr. Calhoun did not explain his comment, she
believed she knew what he meant by it. She said that Mr. Calhoun had told her, some time
prior to the above incident, that Ms. A previously had breast surgery and that Ms. A
voluntarily told him that, as a result of the surgery, her nipples got hard when she was upset.

When we asked Mr. Calhoun ifhe had ever made a remark to Ms. A about her breasts, he
knew what we were referring to without us having to tell him the specific comment. He
repeatedly denied that he ever made a remark to or about the complainant in which he used
the word "nipples" or "breasts." He testified that, to the contrary, Ms. A had told him she
had breast surgery and that, as a result of the surgery, her nipples got hard when she was
upset. Mr. Calhoun admitted that, on more than one occasion, he reminded Ms. A, without
specifically saying the word "nipples," about what happens to her when she is upset or
excited. He testified that, on the occasion he was meeting with the Chief of Staff and
Associate Director, he made the comment as a way of telling the complainant to "get out of
here."

Mr. Calhoun initially testified that he did not recall threatening to tell the Associate Director
and Chief of Staff about what happened to the complainant when she got "upset," nor did
he recall telling the Associate Director, "You'd have to be a man to appreciate this ...."
However, when we confronted him with the Associate Director's testimony that she recalled
that he did in fact make those remarks, he stated that he would not argue otherwise. In
short, he did not challenge or in any way rebut the Associate Director's testimony.

The Director's statements to the Associate Director essentially admit that he was well aware
that his statements were offensive and unwelcome to the average woman. The fact that he
would not discuss the subject with the Associate Director, a woman, demonstrates that he
knew the subject was inappropriate and, perhaps inherently, offensive. His statement that
the comment was the equivalent of telling Ms. A to "get out of here" is conclusive evidence
that he was aware that the comments were sufficiently embarrassing to Ms. A that they
would result in her being so uncomfortable that she would leave the room.

Mr. Calhoun, however, also testified that Ms. A made frequent comments about her own
body to the effect that she had a good body for a woman her age and that she was still

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attractive mid desirable. He testified that Ms. A discussed, in fairly explicit teims, her
sexual activities with her husband. According to Mr. Calhoun, Ms. A frequently wore
"inappropriate" clothing of a sexy, provocative nature and would turn every conversation
around to a sexual cOMotation.

Two other witnesses, including the female Associate Director, each o(whom had direct
knowledge about Ms. A, corroborated the Director's testimony with regard to Ms. A's
clothing and speech. The Associate Director testified that Mr. Calhoun told her that Ms. A
said, with regard to the effects of her breast surgery, my husband "likes them better this
way." The Associate Director, in discussing Ms. A's inappropriate clothing, stated that
she believed Ms. A wanted attention. She told us that prior to Ms. A being hired as the
Director's secretary, a staff person who worked with her previously discussed her
inappropriate clothing and behavior. However, the Associate Director stated that Ms. A had
~ever rnad~ an inappropriate remark in her presence.

Ms. A told us that she did tell Mr. Calhoun about her breast surgery because he had asked
her what prompted her active participation in the American Cancer Society. She stated that,
although she did not have breast cancer, she did have breast tissue removed as a preventive
measure and replaced with implants. She indicated that she has spoken to many groups
about breast cancer and her surgery and she is not embarrassed by it or ashamed to discuss
it. However, she denied that she ever told Mr. Calhoun that her nipples got hard when she
was upset or excited.

In analyzing the allegations of sexual harassment, we note that there was no corroborating
witness for the first alleged instance. The corroborating witness for the second alleged
instance is Ms. C, who is the third complainant alleging sexual harassment against
Mr. Calhoun. As we will discuss in more detail in the Complainant No.3 section of this
report, Ms. C, like Ms. A, is a victim of abusive behavior by Mr. Calhoun. Ms. C is not an
unbiased witness. In addition to her allegations, which would be enhanced if sexual
harassment by Mr. Calhoun against Ms. A was substantiated, she is bitter toward
Mr. Calhoun. Given her bitterness toward Mr. Calhoun, she may not be a particularly
independent and objective witness.

Finally, as to the third alleged instance, while the basic facts were confirmed and
corroborated by the Associate Director, Ms. A's testimony was not corroborated with
respect to the offense Ms. A took to the rernark. The Associate Director's testimony was
that Ms. A was upset and fluttery before the Director made the remark and that the remark
itself did not have a major noticeable negative effect on Ms. A. Although, it could be

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argued that it did have the effect intended by Mr. Calhoun, which was to get Ms. A to leave
the room.

We determined that Mr. Calhoun did make inappropriate statements of a sexual nature to
Ms. A about her body. While we consider his statements to and about Ms. A's body
improper and evidence of misconduct, especially for the Director of a VA Medical Center,
we cannot conclude that these remarks constitute a provable case of sexual harassment.
While we do not in any way wish to minimize or condone Mr. Calhoun's remarks, we
believe that his remarks may not have created a hostile and offensive work environment in
terms of sexual harassment.

Given the reportedly sexually oriented speech of Ms. A, i.e., her comments about her
husband's reaction to her breast implants, her comments about her own attractiveness, and
her open comments about her sexual activity with her husband, it is possible that Ms. A
would not prevail in a claim that the Director's comments were offensive or that they
created a hostile work environment, in the context of a sexual harassment case. In fact, it
could be argued that Ms. A, through her own clothing and conversation, inadvertently
created an environment where sexually oriented speech was openly discussed and tolerated.
Irrespective of whether the remarks constitute sexual harassment in a legal sense, such
remarks are nonetheless indecent and totally inappropriate.

In her testimony regarding the allegations of sexual harassment, Ms. A also .alleged that
Mr. Calhoun's behavior toward her was inappropriate in a variety of other ways. For
example, she alleged that Mr. Calhoun shouted at her, used profane language toward her,
refused to speak to her on certain business-related matters, falsely accused her of stealing
from him, and constantly and frequently threatened to fire her (while at the same time
refusing to reassign her). Ms. A testified that the Director'S constant and prolonged abusive
behavior, which persisted for the better part of a year, had been degrading and diminished
her self esteem. She stated that the stress caused by Mr. Calhoun had such a significant
negative effect on her physical and mental health she began routine visits to her family
physician.

Ms. A testified that she initially spent 3 hours talking to her physician about the effects of
Mr. Calhoun's inappropriate behavior towards her. Her physician diagnosed her as
suffering from situational depression, gave her medication and recommended that she stay
away from the workplace. Ms. A eventually filed a claim with ihe Office of Workers'
Compensation due to her stress and that claim was approved.

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We believe that the evidence clearly demonstrates that the Director's overall behavior
toward Ms. A created a work environment that was stressful, threatening, and
uncomfortable for Ms. A. She was subjected to terrible stress due the Director's repeated
threats that she would be frred and lose her job. The fact that the Director threatened to
embarrass Ms. A in front of two other people by commenting on her body is indicative of
his abusive treatment toward her. The Director's assertion that he never used the words
"breast" or "nipples" completely misses the point. The point is that he essentially admitted
that his threatened comment, of a sexual nature, was intended to result in Ms. A leaving the
room. If he wanted Ms. A to leave the room, he should have just asked her to do so.
Intentionally abusive comments made by a supervisor to a subordinate are inappropriate,
offensive, indefensible, and an abuse of power. Mr. Calhoun'S behavior toward Ms. A
created an atmosphere that was uncomfortable, stressful, tense, abusive, and non-
productive.

The pattern of behavior exhibited does not seem out of character for Mr. Calhoun. Other
medical center employees interviewed also testified that they found the Director to be
abusive, profane, and threatening. Additional examples of this behavior are discussed in the
following sections.

Complaipapt No.2

The complainant (hereafter referred to as Complainant No. 2 or Ms. B), the Chief of the
Medical Care Cost Recovery (MCCR) Section at the time the alleged harassment occurred,
alleged that Mr. Calhoun transferred her from her position because she refused his
suggestion that the two of them have a personal relationship.

Ms. B alleged that quid pro quo sexual harassment occurred because Mr. Calhoun retaliated
against her by implementing an employment decision negatively affecting the complainant
without sufficient justification for the personnel action. Specifically, she alleged that the
Director'! actions concerning her reassignment from her position as the Chief, MCCR
Section to a position she was not qualified for, was caused by her rejection of the Director's
unwelcome sexual advances toward her.

In addition to the unjustified personnel action taken against her, Ms. B also alleged that the
Director's behavior toward her involved threatening behavior and additional unwelcome
and inappropriate corrunents of a sexual nature, which created a hostile and offensive work
environment.

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The evolution of the Director's treatment of Ms. B changed dramatically over time. to
fully appreciate the change, it is necessary to present the full context of their interactions.
Both Mr. Calhoun and Ms. B testified that during the first few months after Mr. Calhoun
arrived at the Fayetteville Medical Center, the two of them met frequently to discuss MCCR
matters. They testified that Mr. Calhoun had a high interest in the MCCR program and
communicated directly with Ms. B to keep abreast of the program's status. Ms. B testified
that during their many meetings, they often had conversations on non-MCCR topics and
joked with one another. She testified that she felt comfortable enough with Mr. Calhoun
that on one occasion shortly after he arrived in Fayetteville she invited him to have dinner
with her and a co-worker, and he accepted the invitation.

Ms. B testified that around September 1994, while she .was in Mr. Calhoun's office
discussing MCCR issues, he told her that now that she was divorced [Ms. B's divorce was
fmal in August 1994], he had something to say to her. Ms. B testified that Mr. Calhoun
asked her who her best friend was and told her that she could not tell her best friend what he
was about to say. Ms. B testified that Mr. Calhoun then told her that he was " interested" in
her. She said she took that comment to mean he had an interest in her that was personal, not
work related. Ms. B said she was surprised by the comment and told Mr. Calhoun that she
was already in a relationship with someone and did not want to jeopardize it. According to
Ms. B, Mr. Calhoun persisted by asking her to "think about it."

A friend of Complainant No. 2 corroborated her testimony about this incident when she
testified that Ms. B told her that Mr; Calhoun had expressed an interest in having a personal
relationship with Complainant No. 2 and that she rejected his proposal. The friend could
not remember exactly when the incident occurred, but said Ms. B told her about it
immediately after it occurred. Ms. B also discussed the incident with her psychologist,
whom she was initially seeing on a non-work related matter, shortly after the incident
occurred. The psychologist also corroborated Ms. B's testimony.

In the weeks that followed the incident, Mr. Calhoun and Ms. B continued to have meetings
to discuss the MCCR program. Ms. B testified that at one of these meetings Mr. Calhoun
told her that he "got sick when he was rejected." Ms. B said that this remark upset her. At
this point, she said that she decided that if Mr. Calhoun made any further unwelcome
remarks to her, she would tell him that she did not appreciate them. She said that she knew,
based on her sexual harassment training, that this was what she was supposed to do. The
psychologist again corroborated Ms. B's statement concerning how the Director reacted to
rejection, based on Ms. B's contemporaneous reporting ofthis event to the psychologist.

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According to Ms. B, during a meeting with Mr. Calhoun in his office in mid-October 1994,
Mr. Calhoun brought up his interest in having a relationship with her once again. Ms. B
testified that Mr. Calhoun said, "You haven't given me an answer yet." She stated that she
asked Mr. Calhoun what he was talking about, and he said, "About my being interested in
you." Ms. B testified she told Mr. Calhoun that she thought she had given him an answer,
and again told him she was not interested because she was already in a relationship that she
did not want to jeopardize. She also said that she told Mr. Calhoun, "Please don't do this to
me." After Ms. B left Mr. Calhoun's office, she remembers feeling intimidated. She
testified that she thought about charging Mr. Calhoun with sexual harassment, but did not
have the nerve to do it.

At this point in time, i.e., after the second incident, Ms. B clearly let the Director know that
she was not interested in a personal relationship with him. By saying, "Please don't do this
to me," she conununicated that his advances were unwelcome and made her uncomfortable.
Ms. B's testimony about this incident was once again corroborated by her psychologist, to
whom she made a contemporaneous report of these events. Ms. B's contemporaneous
reporting of these events were detailed in a written statement that was prepared by the
psychologist. After Ms. B provided the written statement to us, we confirmed with the
psychologist that he had, in fact, written it.

The relationship between Mr. Calhoun and Ms. B began to deteriorate during the next
several weeks. According to Ms. B, by December 1994, Mr. Calhoun's interactions with
her changed. She said their meetings to discuss the MCCR program became less frequent,
and he would often not talk to her when he saw her. Ms. B's psychologist stated that she
told him in January 1995 that "she sensed that rapport had broken down between herself
and Mr. CalhoUn." The psychologist stated that, according to Ms. B, Mr. Calhoun seemed
to be withdrawing from her, and that on passing in halls and on other occasions he appeared
to be glaring at her and unresponsive to her greetings. Ms. B said she believes that the
change in their working relationship occurred because she rejected his -offer to have a
personal relationship.

We talked to four current and former Medical Center employees who had knowledge of the
relationship between Mr. Calhoun and Ms. B. All four told us that they were aware of a
change in that relationship. For example, one employee noted that "all of a sudden ...
nothing [Ms. B] did was right." Another employee told us that Mr. Calhoun seemed to
"tum" on Ms. B. These witnesses corroborated Ms. B's testimony that her working
relationship with Mr. Calhoun noticeably changed for the worse.

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Mr. Calhoun denied that he ever had anything except a strictly professional relationship
with the complainant. He testified that they discussed only ~CCR business during their
frequent meetings. He did acknowledge that he once went out for drinks with Ms. B. He
testified that the reason he began to meet less frequently with Ms. B to discuss the MCCR
program was that he was not pleased with her performance and "just backed off."

By January 1995, Ms. B sensed that the rapport between herself and Mr. Calhoun had
broken down completely. She described an incident in which Mr. Calhoun became furious
with her and shouted and cursed at her in front of other employees. Mr. Calhoun admitted
to us that he does have a problem in that he does curse too much at work in front of staff.
He testified that in recent months he tried to improve in this area by being less emotional
and cursing less.

Ms. B said that she felt threatened by Mr. Calhoun's belligerence toward her and feared that
he might actually strike her. She stated that Mr. Calhoun later apologized to her for his
outburst, and then said to her, "I really miss the days when if a woman was out of line you
could just slap her around."

In his written statement, the psychologist corroborated that Ms. B related to him a pattern of
inappropriate behavior towards her on the part of Mr. Calhoun, to include verbal abuse,
physical intimidation, and sexual harassment. The psychologist stated that Ms. B told him
the Director's behavior created a work environment that made her feel frustrated and
intimidated.

Ms. B said the situation became more than she could tolerate when, in February 1995, while
discussing her work with Mr. Calhoun in his office, Mr. Calhoun made a sexual remark,
"You have beautiful tits." She stated that she responded, "That's not what we are here to
talk about." She said they completed their discussion and she left. Ms. B reported this
sexual abuse to her psychologist immediately after it occurred. The psychologist's written
statement to us conftnned that Ms. B contemporaneously reporte~ the unwelcome,
offensive sexual comment. Mr. Calhoun denied making the statement.

Ms. B testified that at about the time the above incident occurred, she heard from others that
Mr. Calhoun was spreading rumors that she had made advances toward him. Ms. B stated.
"This is clearly untrue and is nothing more than an unlawful power move on his part to
humiliate and embarrass me."

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Ms. B stated to her psychologist that these accumulated events were increasingly distressing
to her and were placing her in a quandary. She stated that she was disillusioned by
Mr. Calhoun's behavior in that he was the Director who, rather than harassing her, should
have been protecting her from harassment. She stated that her concentration, anent ion and
feelings of being imposed on, and feelings of helplessness in this situation, were impacting
on her mood. She noted sleep problems, bad dreams, and flashbacks to the occasions
discussed above.

Ms. B stated that sometime in early 1995, Mr. Calhoun referred to a report of a recent
inspection of the MCCR Section as a "piece of shit," even though the inspection report
found no problems with the Section. She said that he described the team that inspected the
MCCR Section as "useless."

In early May 1995, Mr. Calhoun directed that Ms. B be removed as Chief of the MCCR
Section and be reassigned to another position. The reassignment was effective June 11 ,
1995. TIle complainant said that she was assigned to a budget analyst position even though
she had no experience or training for that position. Ms. B testified that she believed
Mr. Calhoun directed that she be put in this position because he was "sening her up" to fail.
The former Acting Chief of Human Resources corroborated the complainant's testimony by
advising us that, in his opinion, she probably lacked the necessary skills to be a budget
analyst. In fairness, however, according to Ms. B, the former Fiscal Chief told her that he
thought she could handle the budget analyst position.

Mr. Calhoun's explanation for reassigning the complainant

to a new position was her poor performance.

Mr. Calhoun testified that he wanted to reassign Ms. B from her MCCR position because,
under her direction, the program was not generating as much income as it could, because
Ms. B was not being effective as a supervisor, and because she was not trying to improve
her performance.

We found no evidence that Ms. B's performance, or the performance of the MCCR Section,
was unsatisfactory. In fact, the evidence is to the contrary. For example, on her
performance appraisals covering the periods April 1993 to March 1994 and April 1994 to
March 1995, Ms. B received an "exceptional" rating in the critical element of "MCCR
operations." This critical element includes the standard, " insures that all phases of the
MCCR Unit capture all billable cases to anain maximum reimbursement." In addition, on
performance appraisals for the two rating periods, Ms. B was rated "fully successful" in the

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critical element of "persoMel management/supervision." Overall, for both rating periods,

the complainant received a " fully successful" evaluation.

Furthermore, for fiscal years 1994 and 1995, the MCCR Section exceeded its maximum
collection goal established by VA Central Office. In fact, in her April 1995 management
briefing on the MCCR program, Ms. B noted that the Fayetteville VA Medical Center was
one of 15 Medical Centers nationwide that was recognized at the national MCCR
conference for obtaining IO-percent or more growth in collections for three consecutive
years. Having met or exceeded the fmancial collection goals for the MCCR program, the
Director's complaints about her performance appear without merit and pretextual.

With regard to the Director's allegations about Ms. B's problems as a supervisor, we talked
to the employee who was executive vice president of the union at the Fayetteville VA
Medical Center when Ms. B was reassigned. He told us two employees supervised by
Ms. B discussed with him that they were dissatisfied with Ms. B's management style. The
union official told us the two employees did not file a formal grievance against Ms. B.
Despite our three requests to the union official to provide us documentation he testified he
had regarding the employees' complaints, we never received it. According to the current
Chief, Human Resources Management Service, no grievances were ever filed by any
employee against Ms. B. While Mr. Calhoun personally met with Ms. B's two disgruntled
subordinate employees, his testimony that there were "near riots down there" in Ms. B's
section seems an exaggeration given that no formal grievance was ever filed. In addition, it
appears that Ms. B was pressing her employees to produce more, just as Mr. Calhoun was
pressing her.

Mr. Calhoun did not carefully consider a new position for the complainant.

According to the former Chief of Fiscal Service, who was in that position and was Ms. B's
immediate supervisor at the time of her reassignment, Mr. Calhoun directed him to transfer
Ms. B from her MCCR position. The former Chief of Fiscal Service told us that
Mr. Calhoun was adamant that Ms. B be transferred and told him she could be reassigned to
any other position either in Fiscal Service or elsewhere in the Medical Center. The former
Chief of Fiscal Service said he was in need of a Budget Analyst so he offered her that
position.

Ms. B testified that she did not believe she was qualified for the Budget Analyst position.
As stated, she said she believed Mr. Calhoun was "setting her up" to fail in that position.
The former Acting Chief of Human Resources Management Service. who was in that

14
 134

position atl the time Ms .. B w~ reassigned to the Budget Analyst position, told us he
believed Ms. B probably did not have the skills necessary for that position. He also said,
\lowever, that, as a "company man," he offered no objection to the reassignment.

Our assessment of Ms. B's work experience indicates that she was not qualified for the
Budget Analyst position. Her work experience beginning in 1972 was primarily in the
secretarial and clerical field. Prior to being selected as the Chief, MCCR in 1993, she
participated in the Medical Center's "upward mobility" program and supervised the release
of information under the Freedom ofinformation Act and supervised the billing clerks. We
do not believe this experience provided her the knowledge required for the Budget Analyst
position. As described in the position description, the Budget Analyst incumbent requires a
comprehensive and detailed knowledge of budgetary policy, pertinent legislation and
regulations, principles and concepts of budgeting for appropriated and revolving fund
accounts, knowledge of salary forecasting and budgeting programs, and knowledge of the
Medical Center's mUltiple and complex programs to plan, analyze, and forecast aspects of
the budget. Ms. B had no experience whatsoever related to these budgetary matters.

Mr. Calhoun testified that he had directed many reassignments in the medical center when
those occupying the positions were not performing satisfactorily. Here, however, it appears
that his actions revealed no consideration for Ms. B as an employee or for the medical
center's need to have qualified employees in all positions. At best, assuming the
reassignment of Ms. B out of the MCCR was valid (and we are not persuaded it was),
solving one personnel problem while simultaneously creating a new personnel problem
demonstrates a lack of managerial judgment and insight.

Mr. Calhoun continued to display behavior indicating

he wanted to retaliate against the complainant.

Ms. B testified that her reassignment involved a move from the main Medical Center
building, where Mr. Calhoun's office was located, to another building on the grounds of the
facility. She testified that one morning, several weeks after her reassignment, she
encountered Mr. Calhoun as she was coming up the front steps to the main building. Ms. B
said she was on her way to the canteen, which is located in that building. She testified that
when she returned to her office, the former Chief of Fiscal Service told her that
Mr. Calhoun had called him to ask why she was in the building and instructed him to tell
her she was no longer allowed to be there. As a result, Ms. B said her work duties were
changed because she was required to go to the main building on a daily basis to the agent
cashier's office. About 2 weeks later, according to Ms. B. Mr. Calhoun retracted his

15
 135

directive. The former Chief of Fiscal Service corroborated this incident. Mr. Calhoun,
however, in yet another instance where his credibility is called into question, denied that he
ever restricted Ms. 8 from the main bUilding.

Mr. Calhoun's asserted problems with Ms. 8's MCCR performance do not explain or justify
the order to keep Ms. 8 out of the building. On the other hand, Ms. 8's rejection of the
Director's advances could serve as an explanation, although not a justification, of his order
barring Ms. 8 from the building.

In October 1995, Ms. 8 accepted a position as a Medical Administrative Specialist at

another VA facility. Her psychologist said she moved her family and household "at much
time, expense, emotional and physical stress. Following this move she reported increased
feelings of frustration, disillusionment, and victimization at the events which precipitated
her move." The psychologist noted that Ms. 8 meets the criteria for Post Traumatic Stress
Disorder "directly related to reported sexual and other harassment received on her job." At
the time we interviewed Ms. 8, she planned to file a lawsuit against Mr. Calhoun for sexual
harassment.

We believe Ms. 8's allegations of sexual harassment are substantiated, both for the quid pro
quo sexual harassment and for creating a hostile work environment. The quid pro quo
sexual harassment was as a result of Mr. Calhoun's retaliation against Ms. B by reassigning
her to a position that she was not qualified for because she rejected his suggestions for a
personal relationship. Creating a hostile and offensive work environment resulted because,
in addition to his unwelcomed advances to have a personal relationship, Mr. Calhoun
continued to make unwelcome and inappropriate comments of a sexual nature to Ms. 8
after she had clearly indicated her discomfort with such comments. We found the
testimony of Ms. 8 to be credible in that her testimony was corroborated over and over
again by the testimony of other medical center employees and her psychologist.

The actions of the Director are also troubling in that they continue to reveal a pattern of a
profane, intimidating, and threatening manager. The incident with Ms. B. for which Ms. B
said that Mr. Calhoun apologized, involved both profanity and anger to the point that Ms. B
was concerned for her physical well being. This incident provides further support that
Mr. Calhoun was inexcusably abusive toward medical center employees.

16
 136

Complaigagt No.3

The complainant (hereafter referred to as Complainant No. 3 or Ms. C), a staff assistant,
alleged that Mr. Calhoun made unsolicited verbal C0mments of a sexual nature to her.
Ms. C testified that, in March or April 1996, she was in Mr. Calhoun's office discussing a
business related matter, when he told her he had a dream about her the previous night.
According to Ms. C, Mr.-Calhoun told her, "I dreamt that I went to bed with you." Ms. C
told us she tried to take the remark as a joke, but that after she laughed, Mr. Calhoun told
her, "It could be worth your while." Ms. C testified that she told Mr. Calhoun she was not
at all interested and would never do that. However, according to the complainant,
Mr. Calhoun brought up the subject of his "dream" again on a subsequent occasion. She
said there were no witnesses to the remarks on either occasion.

Ms. C also testified that around the end of April 1996, just prior to a visit she made to see
her boyfriend, Mr. Calhoun made a derogatory remark to her about the boyfriend and then
told her that he {Mr. Calhoun] "could take care" of her. Ms. C said Mr. Calhoun again told
her, "It could be worth your while." She said that, again, there were no witnesses to this
remark. Ms. C did not file sexual harassment charges against Mr. Calhoun at the time he
made the remarks to her, but told us she was planning to file a sexual harassment lawsuit
against him.

Mr. Calhoun denied that he made any of the above comments to Ms. C. He said he knew
Ms. C for over 10 years (she was his secretary when he was Associate Director at the
Buffalo Medical Center), and he would not have waited that long to make a sexual advance
towards her. He suggested that Ms. C was angry at him because he transferred her out of
her previous position, and that she had falsely made the accusations in revenge.

We were not able to substantiate the allegations of sexual harassment against Complainant
No.3 because, in this case, it was her word against his. Unlike Complainant No.2, there
was no independent corroboration. On the other hand, the allegations fit a pattern of
behavior alleged against the Director by both of the other complainants.- In addition, as
discussed in the next section, Mr. Calhoun's credibility is lacking. Finally, it is worth noting
that Mr. Calhoun's own statement indicates he does not consider sexual advances toward
subordinate females inappropriate. He never said that such a sexual advance was in any
way inappropriate; rather, he indicated that he would not have waited so long to make such
an advance.

17
 137

Like Ms. A and Ms. B, Ms. C alleged that Mr. Calhoun behaved inappropriately towards
her in addition to allegedly making sexual remarks. Ms. C related to us instances in which
Mr. Calhoun shouted and cursed at her, threatened her position and pay, and made
unreasonable demands of her. For example, Ms. C stated that when Mr. Calhoun wanted to
reassign her from her position as his GS-8 secretary to a GS-7 position, he told her that if
she did not sign the statement voluntarily requesting the reassignment, she would be a GS-3
by the time he was fmished with her. On another occasion, after her reassignment, Ms. C
stated that Mr. Calhoun called her into his office and angrily accused her of being a bigot,
lying to him, and stabbing him in the back. She said he told her he never wanted her to
speak to him again and then demanded that she leave his office. Ms. C told us that she
feared he was going to hit her.

Ms. C said she believed that the root of most of her problems with Mr. Calhoun was that he
was having an affair with another secretary who worked in the Director's office, and that
secretary would use her relationship with Mr. Calhoun to undermine Ms. C. As a result,
Ms. C and the other secretary openly argued on a frequent basis, to the point of disrupting
the office. The Associate Director said that the arguing, would at times, get loud and out of
control. On one occasion, she said she closed her door and just let them fight it out.

Ms. C told us that Mr. Calhoun acknowledged to her that he was having the affair. When
we interviewed Mr. Calhoun, he denied having such an affair.

Credibility Determination

As in virtually all cases involving sexual harassment, the testimony of the complainants and
the alleged harasser are conflicting on most of the significant events. In this case,
Mr. Calhoun denied making certain statements. Therefore, in order to make a
determination about the truth or falsity of the statements made, we are sometimes required
to make determinations about the credibility of the parties involved. For the reasons that
follow, we gave credence to the testimony of Complainant No. 2 regarding events
described, rather than to the Director's denials.

For example, several factors were critical in our determination that Ms. B's testimony was
credible and the Director's was not. First, Ms. B's testimony and her allegations were
consistently buttressed and supported by independent corroboration from numerous
sources. On the other hand, the Director's credibility was severely damaged because his
version of several events was contradicted by a variety of sources. Finally, our inquiry

18
 138

reveals that there is a pattern to the allegations of sexual harassment by the Director (as well
as a pattern of abusive, hostile behavior toward employees at the VA Medical Center). The
behavior patterns demonstrated by the Director provide considerable support for the
complainant's assertions.

With regard to the corroborating testimony of other witnesses, we recognize that in some
cases, such as the friend in whom Ms. B confided and the psychologist to whom Ms. B
relayed the events as they occurred, the corroborating witnesses do not have first hand
knowledge of the events in question, but instead are repeating what Ms. B told them about
the events. Nonetheless, the corroborating evidence is persuasive. Both the friend and the
psychologist advised us that Ms. B's statements to them about the Director's remarks and
behavior were immediate, or contemporaneous, with the actual events. It strains credulity
to believe that Ms. B falsified all of the information that she provided to other individuals
with an eye toward eventually bringing wholly fabricated accusations against the Director.

Ms. B's credibility is especially enhanced by the testimony of the other witnesses with direct
knowledge of events. For example, four witnesses testified that, after the Director'S
expressions of interest in Ms. B, the professional relationship between the two deteriorated,
just as Ms. B said it did. Three of the four witnesses indicated that they personally observed
a change in the behavior of the Director as compared to his prior behavior toward her. In
addition, the former Acting Chief of Human Resources independently confirmed Ms. B's
assertion that she did not have certain skills that were necessary for a budget analyst.

The Director's credibility, on the other hand, is damaged by evidence supplied by witnesses
with direct knowledge of events that completely contradicts his statements. For example,
the former Fiscal Chief testified that the Director banned Ms. B from the building in which
the Director worked. While the Director denied this, the resulting actions taken by the
Fiscal Chief, i.e., immediately telling Ms. B about the order and having her restructure her
duties to comply with the Director's order shortly after it was made, all support the
credibility of Ms. B at the expense of the credibility of the Director. - As discussed
previously in the section dealing with Complainant No. I, the Director denied a particular
statement when an independent witness testified that she heard the remark.

In addition, the Director's testimony about his reasons for reassigning the complainant, i.e.,
for her poor performance, are directly contradicted by substantial documentary evidence,
including her performance appraisals, the external review of the MCCR program and, most
notably, the recognition of the accomplishments of the MCCR program under her
leadership.

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 139

With regard to Complainant No.1, the Director initially told us he could not recall that he
threatened to tell the Associate Director and Chief of Staff about what happened to the
complainant when she got "upset." When told that the Associate Director corroborated
Ms. A's statements, the Director did not challenge the Associate Director's recollection.
While Mr. Calhoun acknowledged to making some sort of statement along the lines of the
allegation, he denied ever using the words "breasts" or "nipple." He did, however, admit to
making the threat with the intent of getting Ms. A to leave the room.

In short, the pattern of denials by the Director, in the face of credible, contrary testimony,
makes the Director's credibility suspect. Just as important, Ms. B's credibility was enhanced
and supported by both independent witnesses with direct knowledge of events as well as by
her own contemporaneous statements to several witnesses over many months, all of which
support her independent testimony. To believe the Director, one would have to conclude
that there was widespread conspiracy of many individuals, all of whom were lying, under
oath, in their testimony to us. There is evidence that tends to disprove the Director's denials
with respect to the first and second complainants.

With respect to Complainant No.3 and Mr. Calhoun, a credibility determination was more
difficult. For example, Mr. Calhoun said that, when Ms. C worked for him at the Buffalo
Medical Center, he did not want to keep her as his secretary because he considered her
incompetent, but the Director would not agree to a change. Yet, Mr. Calhoun then hired
Ms. C to be his secretary at the Fayetteville Medical Center and paid permanent change of
station money to move her to North Carolina. Mr. Calhoun's actions and statements
concerning Ms. C appear inconsistent.

Ms. C, on the other hand, was extremely bitter about the way her life worked out after she
left Buffalo to go to Fayetteville. She said she felt betrayed and she was very upset toward
Mr. Calhoun for the favoritism that he had shown the Associate Director's secretary over
her. The depth of her emotions toward Mr. Calhoun suggests that it may have been a
personal, and not just a professional relationship, that did not work out. This was partially
supported by the fact that Mr. Calhoun admitted that he did household repairs for Ms. C at
her home and gave her a key to his house. Ms. C said that Mr. Calhoun was like a brother
to her when they worked together in Buffalo.

20
 140

Conclusion

Mr. Calhoun's statements to Ms. A constitute inappropriate, abusive language on his part.
Mr. Calhoun made deliberate, offensive comments of a sexual nature to Ms. A. However,
because Ms. A may have opened the door to such language, we were unable to conclude
that the remarks contributed to an intimidating, hostile, and offensive working environment.
He was aware that Ms. A found the comments unwelcome. Due to the stress that resulted
from the overall abuse by Mr. Calhoun, Ms. A removed herself from the workplace. Some
of the comments Mr. Calhoun made to her were witnessed by others, and Mr. Calhoun
acknowledged that he said some of the offensive remarks. He also admitted to being loud,
emotional, and profane.

Regarding Complainant No.2, Mr. Calhoun made an unwelcome sexual advance towards
her, even after she refused his initial advance. After Ms. B refused his advances,
Mr. Calhoun changed the conditions of their working relationship and reassigned her from
her position. We found no persuasive work-related reason for Mr. Calhoun to have
reassigned Ms. B. His explanation, that she was not performing well, is not supported by
her annual appraisals or by statistical evidence of her program's performance.
Mr. Calhoun's directive that Ms. B not enter the main Medical Center building, where his
office was located, further suggests that his motive in reassigning her was personal, not
professional. We concluded that Mr. Calhoun's actions constituted "quid pro quo" sexual
harassment. We also concluded that Mr. Calhoun created a hostile work environment for
Ms. B through continued intimidating, inappropriate and unwelcome comments of a sexual
nature. We believe that Mr. Calhoun's harassment of Ms. B effectively ended her career at
the Fayetteville Medical Center and resulted in her having to move at her own expense to
another VA facility.

In addition to the sexual harassment, the Director's actions with respect to Ms. B evidence
poor judgment, deficient management actions, and abuse of authority. It seems that
Mr. Calhoun created an intimidating atmosphere and made decisions contrary to the best
interests of Ms. B and the medical center.

While we were unable to substantiate the allegations of sexual harassment with regard to
Mr. Calhoun and Ms. C, we cannot dismiss Ms. C's allegations as false. Given the
Director's lack of credibility with regard to the other allegations of sexual harassment, we
believe that there is a possibility that this complainant may have been sexually harassed, but
we could not make a defmitive determination based on the lack of independent.
corroborative evidence. We did find that Mr. Calhoun was abusive in his treatment of

21
 141

Ms. C, and he often displayed loud, emotional, and intimidating behavior. Further, he
allowed a tense and disruptive office environment involving Ms. C and another secretary
that he allegedly favored, to continue unabated.

Recommendation:

The VISN 6 Network Director should take appropriate administrative action against
Mr. Calhoun for the misconduct and abuse of authority, as detailed in this report.

VISN 6 Network Director's Comments

The Network Director concurred with our fmdings and recommendation. He told us he met
with his Regional Counsel and with the Chief Network Officer, and was in the process of
fmalizing a plan of action to implement the recommendation. The Network Director's
comments are in the appendix to this report.

Office ofInspector General Comments

We will review the Network Director's plan of action to ensure it is responsive to our
recommendation and follow up on that plan until the issue is resolved.

22
 142

APPENDIX
10fl

VISN 6, NETWORK DIRECTOR COMMENTS

....

Department of
Veterans Affairs Memorandum

;'~ci~l :::c:r~!.-:;y. :'ll~Ad t:!'I'X"J"l ha:-MJ~!\t hy r;.t-.e r:irect'Ol' , 'n.

,....dir..) ::fU'.r..ft':"' . ... .y.~'t ....ill~. H=rt~ l;ltro':'i.nA. lJra~t ll.pn:-r. :I\l".-
:.!~.:"I;

D!..=_c::.:::r. l!.:1t.:!.!l. an:S ~~cili.L [~=i D:'vi.i:r~

1. 1 blvw rwviuwud l~ 1!.bo.C ~l:. l!.Ll..;.":' d.=tt.L1.. l'<:"'-POC","- i,u:c. <.::m,et=.r

'd.cto t:r..e !lndin.g:o od re::Qm'.er.c.At.1or:.:.. I hAV~. L'ece:r:.tly Y.CI.:
""ith r.t:.fIIo <;:"l .. e fII.ttIc.wo=:c. <:ffie.r iIIIa.d ,.y R";;i~:' c:cam"..... to
r.rlew U:. doc\IX..t:DL .;.u~ 1J.:1toU.104Lw ;.;. p_u:1 :,;L U<..'"t.hm.. : :'1&".
~ther ~t'1n3 QCe~ul.~ .... t.:b Ro!9'icr.a:' C".UUHt:' ~e.x.t. iI'~e :'" ',:oJ
:"tn.. :"!z<et O..,~ r.1.1n And F'E'ft!"rfl: t!'''''':\'''''I'!!r.f"_~ ~~r E".. dttU1Tr: ... ~~. "'T
r i l l b.- n.t:t:.r ab1. , !c:l1'7Ving t::'.~ neetin.;J, to s:.r.:::vi.d._ ',"C'U
.,.12 rrF p~ t.eo .i:z:p ... ~':.. l..:JC c_-cO%.'%.cn~t...i.CQ" "'''U:l t.~L"(1. !...:l
t':llC reporT..

::i. , ':,ruJlc:. c:.J:&t: 1d'Y 'P"'J'~o"'w ~WpCJIII1dan.:. to ycc vi!! IoI.l':'ow ymI
to ~t..1Y ~ ... L=- u ..a. :n.l.-..1 ~ SCDUtu= LLr..uob.
Paire.1ot:..b.. "1. . . ~oct:ac~ ao O~ A:W. ~C.t:o.:9OQ~ ~w.1l.::1 yo\; :le.::t
4ctcU':.ionuJ. :"'='O:Dlc...Lcx.

1. i: bePfl C.O PTovtde ym; ~\.~ a t=1-.r. r.t llct!.on t:y o:~ot:.. r l~
: ~.6. 'rhar.k you and your .C'c~ to:, y=ur =rvi.v of tJrl.. oatt.r.

23
 143

Department-of Memoranaum
Veterans Affairs

-- Seplem&wr28. 1_
fJl8dic:aI CentBrDiA!dor (6OaIQo)
~ s"eciaf lnqullyRepoIt
LaQy-P.~M.D.
Cirec:I, vlSN 5
Oepa~nt of'VeteransAtrah'$
300 Motgan Street. SUite 1402
Durham. N.C. 2n01

1. The attachet1.N~ork 8 Special Inquiry R~Oftle9arding management

ef'I'ec:IIvel'Je$$ at VA. MedIcal Center. FayetteVille. N.C., Is submitted per ~ur
re<tuest

2. 1ft maybe of any filrtfle( assialance. please c:ontact me at (706) 823-2201.

=;re~~' "'~'''
Miidrc:el Center
VA. Med'1C8I Cen1et
Oit~f <:s
~ Fteedom.Way
AugUsta, GeQrgla 30904-6285

Attachrnet\t
 144

NEtWORK 6 SPECIAL INQUIRY

MANAGEMENT EFFeCTIVENESS, VArde FAYETTEVILLE, N.C.
JUNE 1720, 1996

WAlWJIJG Ptfvaey-Act $tItoment 17l/s filial report contBlns information

$ubjec! to the pfO..t$ions 01 the Privsey Act (J/1974 (5 u.S.C. SS2a). Such
Infctma60n may be disdosed only as authorized by this statute. Questions
conceming release ofinfctmation t:Cl/tained in fhi$ re(JOtt o/the invesligation or
any patt lhet80f$hould be ~ r.ith the Department ofVelenlils Affairs.
Vetenlll' Health AdministratkJn, Networi< 6. The contents 01 this report must be
safeguarded from unauthorized diwOSlJfe and may be shared within the
0epsttmefIt cI Veter.ws Affairs on a neecf..to.know basis only.

I. INTRODUCTION

A. The. D;rmor

Jetcme Calhoun was assigned as Direaorof1he FayetteVIlle. N.C. VA Medical

Center !n AprtI1994. His appointment followed assignments as Associate
DireCtor, VAMC. Buffalo. N.Y.. Health Systems Speci:;!i<it. VA Headquarters and
Associate DirectOr, VAMC, La!:e City. FL.

B. Ibo Mgdfeal Cl:ntpr

The VA Medleaf Cente:". Fayetteville, N.C operates 171 hospital beds and a 39
bed Nunsjng Home Can! Unit. Operating beds include a 25 bed substance abuse
treatment unit (tempomnly d~ atld a sateIite hemoctalysis unit Se!\lit:a$
inc:iude ambuiatnty surgery, a mental health unit., and a me<flC3Vsurgic:aJ Intensive
can;: unit A c:ommuruty nursing home prcglam facililatesthe outplacement of
long-term care patients. Extended care programs include residential care. respite
care. a geriatric evaluation and management (GEM) unit, hospice care and a
preventive health progtam. There are apprCldmately 163.905 veterans In
Fa.yet1e\lHle's primarysetlli<:e area. Approximately SS% gf the veterans who
receive care frcm this faCiIlty have Getvice<Qnnedec! disabirrties. Outj:latient-visits
totaled 111.555 In FY 1995. The ambulatory care prc9(arT1S were enhanced by
the activation of an 87,000 SF clinical addltlQn in late 1981.

The VA Medica! Cel'\ter has a sharing agreement with Womack Army Medical
Centerwtaid1 provides Fa)'13Ueville V/W.C with ambulance servi=es. backup CT
scanning. backup mammography examinations, major surgical gynecology
pnx:edures, backup blood supply. aural rehabilitation therapy. ambulatory
rehabilitation medic:al seNic:es. backlJP VClscufar tadiology $E!lVk:es and \/3Scular
surgecy ccnsuf!::aOOn and procgdures. This medical center provides nudear
medicine studies. blood support lab testing. speechlang~e tes1ing. EKG. EEG.
mecflC3l and surgical consultation. psy--hii:!tric SeM~. alcohol rehabilibtion and
2. Neiwotk S Special Inquity. VAMC, FayeaeYilte. N.C.

~nf1!il1ogy Services. An onhopedlc and surgery sharfng ~reement exiSts With

Womack Atm'/ Medieaf Center Ulat allows the military to use VAAtc opet:Iting
toOtnS anclsuppor\ 5'C!Il Also. Womad< Arrrtt MedkaI Cel'\fer shares tha jointfy
0Wf\8d M~ study Elqtlipment Ioc:Jted at Ft. Bragg.

Fay~ VA Medical Center Qlso has chatfng ~naetnents with Pope AFB
Medical crlnk:. under which VA provides physIcal therapy. endoscopy
e.w:amlnatlons. treadmM testing. halter n'IOnltotlng. and sulgical consultants_

The dental sc:hool affiliation is welkleveloped. providing ~ for dental

aJdents and resic:ier.t iraining in general dentistry and oral surgery_ The school at
pharmacy I'Otte$ students fer clinical derlcships.

In addition. there i$ a Type B affiliation a9~ment with Cuke UI\i'ven;ity

Department Gf Oplfthalmology. There is also ~n aftifl3tion With Fayetteville Area
Health Edw:ation Center for the ratation at family practice resiclent$ for surgery
and c:ardiology traitlir.g_ Additional affiliations exist in various allied health areas
Including nursing and speech pathology.

II. BACI(GROU"O
A recent series CIf allegations and ~pfajnts by several present and former
emp\Qyee$ to 1he NetltCrK Oiredor. NetHor\( Clinical Manager and Network Staff
resulted in thIS visit to the Fayetteville VA Medical Center on June 17..20. 1996_

These al~atiQ(\5 ~ around leadetShlp effe<:tiveness of the Oi~r.

inapprcpcfate remalts to various staff. use of abusive and vUlgar language in
~U$ forums and Its resultant impact upon man~enal and supervisQry
relatio~lps.

ut. ME'TMODOLOGY
'The reviewer ccndu<:b1 inteMews wi'J1 selectEd etJmmt and former senlct
management official!: and other elTlployees and fonner emplayea-s at all levels
within the Med"acal Center. An inteMew was also held with the Superintendent.
Board of Educ::afian. Fayetteville. The tevje~r contacted the offia:!s of the Mayor
of Fayetteville and the Chan<:ellor, Fayetteville State University, In an effcrt to
soIic:it their input Hcmever. these efforts ~ unsu~fut Interviews were also
cls
held with Veteran SeMQe Officers (VSO). voltmteer5. VIeR as, Netwotl( 6 strlf.
The DiredOi was provided an opportlJnity during thGl re'vieN tg prviide names :ot
indhliduals whom he wished to have inteNievved: No discussions/conversations
were tape ream:led..
 146

3. Hetwortt Ii SpacQllnquiry; VAM.,C. FlIyetllWUle, N.C.

rI. FlNOINGS

'Based upon a tourcftne Mecfal Center with Mr. Calhoun, my Interactions and
con~tior.s wdf'l senior management staIVstaff in.genefBI, VSOs. volunteers and
ccmm~.auakehok:ef3., it was clear that many improvements have been made at
ctle f:a,eueviUe VA MecflC8l Center since Mr. calhoun's appointment as Oiteetcr.
FQt ~pIe. the Implementation at primary care. renovationlupd~ patient care
areas. ~ ~l'IShips with Womack Army Haspifal and estabIisrung an
e1fedMl relationship witf11he local middle and senior High Schools whereby
PaJ1ner&hips have been ee1abflShed with stuCents. Another example. of positive
changas that have occurred during Mr. Calhoun's tenure, Is SI'I internal
reQl'ganizatiOl1a1 effot't that is consistent with changes that are occumng nationally
inVHA.
it was aear during ttle visit that there an! three "Camps' within the Medical Center;
thoSe that are staund1 supporters CJf Mr. Calhoun. those that are adamantly
against him and th~; 1hat try to be neutral and cbjec:tiw.

The allegations and o:IOcems that had previously been brought to the attention of
the Networir: Director ~bout Mr. Calhoun resutfaced during this visit These
inc:iuded: consistenUy usit\g profanity in forums Which inQuded key staff. openly
embarrassing key staff in the presence cf peer.!. using radaJ epitaphs. threatening
staff C'tD fire- or "shoot tf1emj, ~ various remale employees. including his
present and previous seaetarIGs, and showing fayaritism toward certain staff by
pramoting them. OYer 62% of the indIviduals inteMewed expressed a lack of-
respect. ~ or confidence in Mr. Calhol.ln as Diredcr and do not feel comfortable
In his presence. This 910UP felt his management styie has adversely impacted
morale and dMded staff.

Mr. caJhoun admitted that he. in the past. had used pl'Qfane language, but had
improved his behavior in this respect He also indiQ2d that he had made
comments to staff that he would "shoot" them but it was not meant as a threat; it
was just a "metaphcr".

V. CONCLUSIONS

As discussed in the findings sedion of this report. Mr. Calhoun initiated several
pn:ISratnS and changes tIlatw11l add value to the Medical Center as ;( whole thus
ad~1tIg valUe to ~ent :::are. .Also discussed were the concems/allegations raised
by the staff, some admitted by Mr. Calhoun.
 147

ENCLOSURE 2 AGREEMENT Of INFORMAL RESO!.UTION

(Jerome CaIloun)

1. This is 10 document the agreement reached ~ allegations of sexual harassment and hoslie -rc
environmenl, and the subsequent inYestigalion by the Oftice of the Inspector General, agains( Mr. Jerome CahJun,
Oireclor, VAMC Fayelteville, North Carolina. By reference 10 the rescinded leiter of proposed removal, daIecl-OcIober 24,
1996, Mr. Calhoun Is aware 0( the general nalure 0( the a!legations agalns( hlm. As an Informal resolution 10 1hIs maller,
the parties agree to the following:

a Mr. Calhoun resigns from the SenIor Executive Service to be appointed 10 the position 01 Special
Assistant 10 the Oireclor, VA Me<f1Ca! Center, Bay Pines, Florida, in the grade of GS-14 with save pay (salary retention). As
a managemenl action delermlned 10 be In the best Interest of the govemmen~ Mr. Calhoun wiD receive salary retention
approval under the Seaelary's cfoscretionary authority in acconlance with 5 CFR 536.104(b), delegated 10 VA
Administration Heads for positions GS-14 and below by memorandum delegation authority (#1) dated Apnll995.

b. The effective date of the resignation and appointment is January 19 1997. Mr. Calhoun will remain in
ejetaff status whUe relocation is being ananged.

C. Mr. Calhoun may be considered for re-enlty into the Senior Executive Service after three years of
satisfactory performance and documentation of positive efforts, tJaining, counsefing, and growth towards relating to the
treatment of women.

d. Mr. Calhoun win receive the customary relocation expenses.

e. In accordance with 5 U.S.C. 6308, and 5 U.S.C. 6304, Mr. Calhoun's leave balance as of January 19,
1997, not in excess of nil hours, wintJansfer to his new position and will become his personal leave ceiling. The personal
leave ceiling will be reduced in any leave year in which more leave is used than eamed. The reduced end of year leave
balance will constitute the new personal leave ceiling.

2. Mr. Calhoun is aware of his due prOcess rights as specified in FPM Supplement 920-1,SI0-5(d), including, but not
limited 10, a 30 day advanced notice of charges (leiter or proposed adverse action), at least 7 days to reply 10 charges, a
right to be represented by an attomey or other representative and a right to appeal to the Merit Systems Protection Board.

3. Mr. Calhoun waives all due process rights with regards to this matter.

4. Mr. Calhoun waives aU admiilis!Jative appeal, grievance, and EEO rights regarding this matter.

5. Mr. Calhoun waives any claims 10 attorney fees or any other monetary claims nol specifically agreed to herein.
6. This agreement may not be revoked or amended In any part by Mr. Calhoun.

7. By entering inlo this agreement, Mr. Calhoun does no( admit guilt 10 the aforementioned allegations of misconduct

8. This agreement shall not serve as a precedent for resoMng other matters.

9.
The undersigned agree that this agreement is entered into voIuntanly~n n ~ /, { ~f'7
~~&w~~~~=L4~~~~p?1 ~~ /I'~ (~~,/
Date Jule Moravec, Ph.D. Date
Chief Network Officer
 148

"lO'"'~ DEPARtMENT OF VETERANS AFFAIRS

VETERANS /NTEGRA7FD SERVTCE NETWORJ( SIX
Outttam Centre
300 West Morgan Street. Suite 1402
Dumam. N.C. 27701

In Re!>ly /\of... To:

Octnber 25. 1996
ION6
Jerome Calhoun
Durham Education Center
311 W. Main Sl
Dm:bam, NC 27701

SUBS: Proposed Removal

1. This is to notify you that it is proposed to remove you from the Senior E.x.ecutlvc Semce
and the Federal Servi= This action is based on misconduct ~ charges for which this action is
proposed are as follOWll:

1. While talking to Judy Dawkins, your secretmy. and Susan CaIuana, Medical
Service Staff Assistant (and your former secrctmy), around March 1996. you rema:rked that "th=
was something Verj iJ;J.t=ting about Ms. Dawkins - Her nipples got hard when sbo was anxious."
or words to that effect Ms. Dawkins was offended by the disrespectful comment You knew or
should have known that this act could he interpreted as harassment, disrespectful and/or
unprofessional conduct Your actions in this matter constitute a violation of 5 CFR Section
735.203. which proluOiU IIIl employee from engaging in "criminal, infiunoU!!. dishonest, immoral,
or notorioU!!ly disgraceful conduct or other conduct prejudicial to the Government."

II. Around April 1996. Judy Dawkins. your sec::retaIy. entered a conference room
where you were meetiJ;J.g with the Associate Director and Chief of Staff. Ms. Dawkins cotim1entcd
that she was drowning in work and urgently needed additional clerical help. You responded to
Ms. Dawkins, "you know what happens to you when you get upset. Do you WIIIIl me to tell [the
Chief of staff and the Associate Director] what happens when you get upset,n or words to that
effect Ms. Dawkins felt that you were referring to her bteast:7 (sec Charge I li=in). and sbo was
offended by the di=spc>ctful remarlc. In the testimony that you gave to the Inspector O=al's
Office, you admitted tnaIcin& the oommenU.! a way of telling Ms. Dawkins to,"gCt out ofbe::e"
(1.0. Trans. B.p p.103). You knew or should have known that tbis comment could have been
interpreted as h.arassmeut, disrespectful andlor unprofessional conduct. Your actions in this matter
constitute a 'lio1a1ion or 5 CFR Section 735.203, which prohibits an employe~ from engaging in
"c;rimina1, infamous, dishonest, immoral, Or nDtonously disgraceful conduct or other conduct
prejudicial to tho Oovernment."
 149

INTROOUCllON: AIouDd 8qlItimber 1994,),ou ~ mttl'C3fiil baviDg a pcrrona!

~onship with CyuIbia Force, 'loUr foI::J=r McdiC8l Colt Care ~ ("MCCR")
Coordinator. Ma. Force rc$pCIIIded 1bat she .... aheldy in a relstioasbip with SOIDOOI1C 8IId did Dot
want to jeopanlim it. A few weeks 1atcr you commeuted to Ms. Foo:c tim you "got sick when
[you wcn:J rejec:tbi," or words to that cffcct. In mid-Octobc:r 1994, you stated to Ms. Faroe that
"you haven't given me an answer ye~ ... about my being iDterestM in you," or words to that effect.
Ms. Force again explained that she was IIOt intmest<ld. and she 8ddaI, "p1cue don't do thb to mc.~
or words to that e1fect. By Deoembet 1994, your working rc1aIionsbip with Ms. Force began to
deterioralle. Charges m-VI are incozpomtod herein by~

m. In J~ 1995. you shouIzld and c:msed at CymbIa Forte in frout of other

empliJ)'ee!. Later, you stated toMs. Force, "I really miss the cIayI wben if a woman was out of
linc you coul.djast~1ap her around," arVw1)rCs to that effi:ci. Youlmew orshould~e IaJown that
your conduct had tho effect of ClaIling an Intimidating. hostile, or otrCllSive warldng enviromnent,
which is a form of sexual harassment i<kntified 8t29 CFRSection 1604.ll(aX3).

N. In Febtuary 1995, while discussing Cynthia ForCe', WOlkin your office you
mnarlced, "you have beautiful tits, " or words to that effect. Ms. Forc:e, again, rejected your
advance. You knew or 5hDuld have known that your conduct bad the effect of'tmI!ing an
or offcwive wodcing environment, which is a form of sexuaI harassment,
jntjmjdBtjng, hostile,
identified at 29 eFR Section 1604. I 1(a)(3).

V. In May 1995. you dirCcted Iha1 Cyulhia. Force be reassigDedout of the MCCR
Olordlnator position. Ms. F= was assigned into a Budget AnaIy$t po-sitiOIl, even though she
1acked the necessary tIaining and experience for tlmtjob. Ms. Farte's prior rejoctions of your
sexuaI rc:marlc3Iadvance:s were used by you as a basis for your decision to remove Ms. Force from
her MCCR position; your conduct constituted sc:xual harassmeat identified at 29 CFR Section
1604.1 1(a){2).

Vi Tho reaS<!ignment of Cynthia Force intO the BudgetAnllyst position involved a

move from the main Medical Center building whac your office Is Ioc:ated to aIIO~ buildin&.
SeverJ.! weeks a&rthe rewigamcnt, you encOimtetcd Ms. Farc:o comiDg up the from stair.! to the
main building. Upon retuming to Iier office, Ms. Force was told by the aDcfFw:al Savice, that
you had called him and stated that Ms. Force was DOt Ionga allowed in the main building. Ms.
Force's prior rejections of your sexual rernarlclladvaoces were used by you as a basilder your
decision to ban Ms. Force from the main Medical Center Building; your conduci constitutes sexual
haras!.llJ.cnt identified at 29 eFR Section 1604.1I (a)(2).

\r11. In Septcml-or 1995, Susan Caruana, your formec socre'.2!j. accepted a change to a
lower graded position out of fcar of being rued. In October 1995. you and Ms. Caruana discussed
 150

tho possibility oCher retumiog as your scorctary, and you specifically discussc:d a listllfrequcsts
made by Ms. Ca:uana. In expIainii1g to the Inspector Gcac:ral', OfIice your bmldwriueu: IIOtc3 00
the list ofrequcst3, you admi1ted to "hollering" at Ms. Caruana for pcrlormance-rc1atcd matter.!
(lG. T[8Q. 8.0 p. 38). You blew or sho-.1ld have known that bo\lc:riog 111 ~ COnstitutes
disrcspcctful c.>oduct, which u particularly unbecoming of a VA McdkaI CcuIcr Dimctor.

2. You haV!! the right to reply to this notice orally, or in writing, or both orally and in writing,
:md to submit affidsvilS in SUpport of your reply, showing why this ootice is inaocuraIIc aod any
other reasons 'Why your mnoval should not be effected. You will be allowed eight (8) hollr.l of
official duty time Cor reviewing the evidence relied on to sappan 1hc reasons in thIa DOtioe,
preparing a written rePly, securing affidavits, and making a pcnouaI ttply. Amuacmems for the
use of official time or requests fur additional time should be DJBde with me. Yau h&ve the right to
be n:pre$CIItcd by an attorney or other rcprc3eDllIIive

3. You .....ill be given UDlil close of business on November 8, 1996, to reply to these reasom
orally, in writing, or both orally and in writing. The evidence au which this notice of proposed
action is based is atrached. Your written reply should be submitted through me to the Chief
Network Officer. The OUefNetworlc Officer will receive your oral reply or will dcIigoate Ell
official or officials ro reocivc< it If you wish to make an onIl response, you may contact Caren
EUkson, Executive PersoDllc!, at (202) 273-4937, to make arrangements fur an appainrment with
the ChiefNetwodc OfIica or his desigoaml official. If you do net understand the above reasons
";'hy your removal is proposed, you truly contact Caren Eirkson or me for a further explanation.

4. The final decision to effect the action proposed has not been made. The OUcfNctwork
Officer, who will make the final decision, will give full and impartial consideration to your reply.
if a replyis submitted.

5. Senior Executive Service (SES) members, beause of their greater respoIl!ibilitics. have a
significant impact on agency programs and public image. Consequently, offenses by them are
considered more serious and would norma1ly warrant the imposition of a more sevm: peiIalty.
Regulation.!! for ad~ actionS in 1hc SES proride for only twQ acdons. removal B1ld mspension
for more than fuurt=l (14) days. Removal means removal from the federal service. A SES
appointee removed for disciplinary n:asons lw DO entitlement to placement in a position outside
the SES, and an agency bas no authority to move the "PPOintec directly to a pon-SES position.
Following the action.removing the appointed form the feden! service, however a scp8l81o action
to reappoint the individual to a position outside the SES may be ulo:n. r consider the gnwity of
your misconduct as very serious, warranting adverse action. It is importarit to me that you
undern-.znd th~ limitatioru regarding adverse actions under SES so that you can make a fully
informod respODS~
 151

6. lfit is Ibe docisioJ1 ofthc auefNetwon: Offia:r that yOll be n:movcd. your rauoval will be
eff.ectivc net less than thirty (30) c::aImdar days from he dzy attathedate of~ofthis nouce..

7. YOIl will be given a written decision II! 1I0OI1 as pouible afu:r your reply hu bad 1UU
coasidendioD, or after tile close ofbusiuess November 8. if you do not cqUy.

8. YOIl will be reIlIined in an at:tive duty stalUs duri!Ig the adwnce DOUce period.

LEROY P. GROSS, MD. MPH

Nctworlt Dindor. V1SN 6

I ACKNOWLEDGE RECEIPT OF 1HE ORGINAL

AND ONE COPY OF TInS LETIER

d~
SI ATURE
 152

ENCLOSURE 4

OEPARTMENT OF VETERANS AFFAIRS

VETERANS INTEGRATED SERVICE NETWORK SIX
Durham C...tre
300 West Morgan Street. Suite 1402
Durham. N.C. 27701

December 6, 1996
In Reply Rof.r To; ION6
Mr. Jerome Calhoun
VA Medical Center
2300 Ramsey Street
Fayetteville, NC 28301

Sullj: Rescission of Proposed Adverse Action

The letter of proposed adverse action issued to you, dated October 24, 1996, is hereby rescinded.
The ~etter was issued to you prior to the completion of the evidence file_ I apologize for any
inconvenience.

A new letter of proposed adverse action and charges is being prepared, and willlle issued to you in
the near future_ You will have 15 calendar days from receipt of the proposed action to provide an
oral andlor written reply to the charges against you.

I have no desire to pursue a more lengthy formal action_ If possible, I would rather resolve this
matter informally_ Thus, in the interim, While the letter of proposed adverse action and evidence
file are being finalized, you may present me with any offer you may have to resolve this matter
informally. Formal action will bring further embarrassment to you, the Fayetteville Medical
Center, and to the Department of Veterans Affairs.

I will delay the issuance of the new letter of proposed adverse action for a period not to exceed 14
calendar days from the day you receive this letter to allow you an opportunity to submit a
proposed infonnal resolution of this matter. If no reasonable offer is submitted by you within the
specified time period, I will have no alternative but to initiate formal aerion against you.

~~-
Leroy P. Gross, MD. MPH

I ACKNOWLEDGE RECEIPT OF THE ORIGINAL AND ONE COPY OF THIS

LETTER.

Date
 153

The Front
VA's "zero tolerance' questioned
Page

Metro & State By OA VID OAI-ll..

:CSt. Petersburg Times, published April 14, 1997
Business

WASHINGTON - The doctor from the Department of

Veterans Affairs hospital in Maine had more than
Editorials &
medicine on his mind.
Letters
When he went on a business trip with a VA nurse to
Local Editions
Chicago, he insisted he get a hotel room next to hers.
That night, he asked her to visit the Sears Tower and
Floridian
then asked her to visit his room. He later said her
Sections
husband should be t1~ttered he had some c~mpetition.
Classified "[ really love you and have felt awful but haven't been
Jobs able to stop myself from acting this way," he told the
nurse.
To Serve
She rebuffed him. He responded by denigrating her
publicly and complaining about her to higher-ups.
Weather Sexual harassment" A federal jury in January said the
doctor's behavior had created a hostile workplace and
Area Guide recommended a $375,000 award.
Email The punishment? Despite the VA's "zero tolerance"
Connections policy against sexual harassment, the doctot, Nikhil
Pathak, received a one-week suspension and was
Guest Books allowed to keep his job and $123, 161-a-year salary,
according to records and a VA spokesman. The nurse
has been transferred to another VA job and awaits a
judge's ruling on the jury recommendation.

"The way they handled it was to punish the victim,"

said Kathy Lyons, the nurse who filed suit. "[ was a
dialysis nurse for 20 years and because of something
he did ... [ was forced to leave a profession."

The Pathak jury decision is one of three sexual

harassment cases to surface in the V A in recent weeks
as members of Congress, women inside the department
and their attorneys begin to critique Veterans
 154

Secretary Jesse Brown's assurances that he will not

tolerate harassment.

On Thursday. a House Veterans Affairs Subcommittee

is to hold the first of two congressional hearings into
Brown's "zero tolerance" policy. A Senate hearing set
for April 9 has been postponed because of scheduling
conflicts.

To prove his tough stance. Brown has stated that 12

VA managers have been fired or demoted for
harassment since 1992. In practice. though, the policy
is not nearly as clear-cut.

One of those 12 punished managers cited by Brown

was Jerome Calhoun, who harassed a woman at a
North Carolina V A hospital and spoke offensively to
rwo others. Calhoun lost his job as the Fayetteville,
N.C., hospital director but he was allowed to keep a
Sl06,000-a-year salary and landed a specially created
job at Bay Pines VA Medical Center.

The Calhoun case generated considerable controversy

in the V A, and the department is searching for ways to
strengthen its harassment and personnel policies. VA
officials would like to strengthen their hand in dealing
with problem employees so they can fire them more
promptly. The department also wants to keep better
track of harassment cases that otherwise are handled
quietly in the VA's sprawling bureaucracy.

"We are reviewing ways to improve it," said VA

spokeswoman Linda Stalvey. "Obviously, we're aware
of the fact that it needs strengthening."

As the hearings approach. the Times has uncovered

new details about the Calhoun case. and learned that
investigations are ongoing into still other harassment .
accusations among the 200.000 or so VA employees:

The director and associate director at the VA Medical

Center in Salem. Va., have been reassigned
temporarily after trading accusations. An internal
memo says a review was under way into "allegations
of sexual harassment and other improper behavior."

The VA report and its conclusions have not been made

pUblic.

The dispute began this year after the Salem hospital's

 155

associate director, William Delamater, began fielding

employees' complaints about the hospital's director,
John Presley, according to VA memos.

Presley got wind of Delamater's inquiries and put him

on leave in Febmary, according to a VA account.
Within a few weeks, Presley's boss - the head of the
V A's regional network office - put both the director
and the associate director on leave and later
transferred them to other po stings for a month.

Presley, a 27-year federal employee. has been director

of Salem's hospital fur five years and earns $ 117,282 a
year. Delamater, also a 27-year employee, is paid
$89, 164.

[n Togus, Maine, Dr. Pathak remains in charge of the

V A hospital's dialysis program after receiving a
one-week suspension for harassing Lyons.

A federal jury found in her favor in January, ruling the

V A was responsible for "creation of a hostile or
abusive work environment" and recommended a
$375,000 award to Lyons. The award is still tied up in
legal wrangling.

Pathak's lawyer, Alton Stevens of Waterville, Maine,

said he's not convinced that sexual harassment even
occurred in the first place. The VA hospital's
spokesman, Jim Simpson, said the punishment fit the
offense.

"We took what we believe to be appropriate and

reasonable action in the case." Simpson said, action
that was" supported by the circumstances of the case."

Lyons' lawyers complain that the VA is now using a

legal strategy to protect Dr. Pathak from a pending
lawsuit she has filed against him.

At Bay Pines VA Medical Center. new details have

emerged in two sexual harassment cases that have
drawn negative publicity to the hospital on Boca Ciega
Bay.

Calhoun, the former Fayetteville, N.C., hospital

director, was re-assigned in September and transferred
to Bay Pines in January. The VA has released an
inspector general investigative report that found he had
harassed one woman and verbally abused two others at
 156

Fayetteville.

Now, another investigative report, released to the

Times under the Freedom ofInformation Act, shows
that Calhoun's use of profanity and other offensive
behavior was more widespread than previously
thought. More than 60 percent of the V A employees
interviewed in June "expressed a lack of respect, trust
or confidence" in Calhoun and "do not feel
comfortable in his presence."

"The allegations and concerns that had previously been

brought to the attention of the network director about
Mr. Calhoun resurfaced during this visit," reviewer
David Whatley wrote after visiting the Fayetteville
hospital in June. "These included: consistently using
profanity in forums which included key staff, openly
embarrassing key staff in the presence of peers, using
racial epithets threatening present and previous
secretaries, and showing favoritism toward. certain
staff by promoting them."

Calhoun now works as a health systems specialist at

Bay Pines.

In a second incident involving Bay Pines, a lawsuit was

filed last month by Pinellas County resident Carla Croft
in U. S. District Court in Tampa, alleging that Dr. F arid
Karam kissed her and pinched her breast while she was
a patient at Bay Pines in 1994.

Karam has denied the charges. The V A investigated

the claim twice, in both cases finding insufficient
evidence to support it.

From documents obtained recently under the Freedom

of Information Act, the Times learned that Karam was
investigated again later that year, this time for
allegations brought by two Bay Pines nurses.

One claimed Karam approached her from behind,

kissed her neck and touched her breast. Although told
to stop, the doctor did the same thing the next day, she
charged.

The second nurse reported a similar episode, and also

said Karam repeated his actions despite her objections.

In his sworn testimony, Karam denied the allegations.

 157

About one of the cases, he testified: ". .. if I did this I

really don't remember it. but I question really that I
have done anything like this as far as kissing her or
grabbing her. maybe putting my hand on her back or
something, on her shoulder or something. could be. I
mean. [ tell you [ don't remember kissing ... I mean r
never really tried to grab her or kiss her or do
something like this. [ don't remember. [ honestly do
not remember."

Carla Croft's lawsuit does not target Dr. Karam

personally. but accuses the V A of negligently hiring,
supervising and retaining him.

On March 30, 1994, the suit alleges. Croft went to Bay

Pines to be examined by Karam. When the examination
was complete. the suit says, "he (Karam) bent forward,
kissed her on the mouth, and told her she was doing
well."

Croft did not respond, the suit states, but as she began
to leave the room "Dr. Karam walked next to her,
turned to her. pinched the left nipple of her breast, and
then said he wanted to see her."

Karam, an ear, nose and throat surgeon at the medical

center, called the allegations lies. - Times staff' writer
David Ballingrud contributed to this report.

Copvright 1997 St. Petersburg Times. All rights

reserved.
 158

STATEMENT OF CYNnnA A. FORCE

I, Cynthia A. Force, do hereby under the penalty of perjury state as follows:

1. I am currently employed at the V A Medical Center, Durham, North Carolina. Prior to

being forced to relocate/transfer to my current position, I had been assigned to work at the
V A Medical Center, Fayetteville, North Carolina (FVAMC). I worked as a Budget
Analyst after being forced to ask for reassignment from my position as Chief of the
Medical Care Cost Recovery Program (MCCR). For the relevant time period which I
was employed at the V A Medical Center, Fayetteville, Mr. Jerome Calhoun served as
Director of this Medical Center. I, however, worked under the direct supervision of the
Chief, Fiscal Service, Mr. James Crocker. It was Jerome Calhoun's unlawful behavior
that forced me to leave the Fayetteville V A Medical Center where I had worked for 23
years.

2. My position as Chief, MCCR was very important to the financial viability of the
Fayetteville facility. The MCCR program was also of great interest to the Director. I
took my job very seriously, gave 100% of my efforts towards that job and would not put
up with any kind of behavior that would jeopardize the smooth workings of the program.

3. Shortly after his arrival at the FVAMC, Mr. Calhoun began meeting with me to
discuss the MCCR Program. He made it clear that he held me entirely responsible for the
program and planned to meet with me often. Almost immediately he began interrogating
me about the behavior of other employees at the facility, most notably Mr. Crocker.
During meetings in his office he would make statements that were very uncomfortable,
Le., "Jim Crocker has to go ....! don't like him......He is fighting me ...... He knew how
important MCCR is to me and he has done nothing to improve the program." This
demonstrated to me that he singled out an employee and was trying to secure information
on that employee solely for the purpose of terminating him. I had confidence in Mr.
Crocker' s abilities as the Fiscal Officer and admired the professional way he treated Mr.
Calhoun in the face of Mr. Calhoun's irrational and tyrannical behavior towards Mr.
Crocker.

4. Shortly after my divorce in August, 1994, Mr. Calhoun stated to me that "was
interested in me". I took this to mean a personal interest and not just an interest in my
work. Mr. Calhoun and I had an easy going relationship; we would laugh and joke, as he
often did with those that he liked. I can't say that his behavior with staffwas ever
professional; either you were his buddy or his enemy, few fell in the middle. He had a
reputation for being a womanizer and would often drape his arm around a woman's
shoulder as they talked. For these reasons, I took this to mean a personal interest. I
responded that I was in a relationship and did not want to jeopardize the relationship. I
would have assumed that had he not meant a personal relationship, he would have
illlIJl.ediately corrected this misassumption. He did not and replied, "well think about it".
I left his office.
 159

5. During our conversations he would often talk with me about the problems he was
having at that facility. He felt as though everyone was fighting him because he was
Black. At one such meeting he stated that he becomes sick when he gets rejected. This
made me very nervous but 1 tried hard to deny that this applied to me and my rejection of
his advances. 1 just did not want to believe that my trust in this person was inappropriate.
At that time, 1 did trust him. He had great insight and vision for the Medical Center and 1
was one of his "few" 'staunch supporters.

6. A few weeks later, we were again meeting about the program. As 1 was leaving the
office, he stated, "you haven' t answered my question". 1 asked, "what question" and he
stated, "about my interest in you". 1 answered, "I thought I did answer you. 1 told you
that I was in a relationship and I did not want to jeopardize it. ...please don't do this to
me". I left the office and prayed that would be the end of it.

7. The professional, working relationship started to fall apart shortly thereafter. He

began his rampage against me, designed to break me down and put me out on the street.
He was successful in that I had to transfer to another facility in order to get away from
him. On one occasion he became so furious that 1 was afraid that he might strike me. He
screamed and cursed at me, left the office, came back and started again. This incident
was witnessed by my supervisor, Mr. Crocker, and his secretary, Mrs. Caruana. The
Associate Director, Mr. Thomas Arnold, was also in his office at the time, 1 believe. He
later apologized to me and stated that he really missed the days when if a woman got out
of line, you could just slap her around. I believe that he could have struck me without
any notice whatsoever.

8. On or about the 23rd of February, 1995, Mr. Calhoun and I were meeting to discuss a
project that he had assigned to me. In the midst of my presentation he interrupted me by
saying "you have beautiful tits". I was dumbfounded. It had been a few months since the
last remarks and our relationship was no longer friendly so this just came out of the blue.
I responded, ''that's not what we are here to discuss", finished my presentation and left
the office. After this incident and because of the deterioration of our working
relationship, 1 was really uneasy. In addition, 1 heard from others that Mr. Calhoun was
indicating that 1 had made advances toward him. This was clearly untrue and 1 felt as
though he were just trying to humiliate me.

9. The MCCR Program had been reviewed by the MCCR Fiscal Integrity Team. They
had found no significant problems with the program. Mr. Calhoun was angry with the
results and referred to the report as "a piece of shit". He also stated that the report had
given him nothing to use. He wrote letters to the Director of the Review Team and the
Director of the MCCR Program requesting another review. I will add that prior to
beginning the review, the team had asked me exactly what it was that he was looking for
as they felt uneasy after their initial meeting. I stated, "as much as you can give me to
hang those he wants to hang" or something to that effect. The team members responded,
"that's what we thought".
 160

10. At the end of March, 1995 I returned from a site visit to the V AMC, Hampton,
Virginia. I had wondered why, when I was obviously not in his good graces, he had
decided I should go with the Quality Assurance Coordinator to Hampton. When I
returned I learned that two of my employees were meeting with the AFGE Vice
President, planning a meeting with Mr. Calhoun at his home after hours to discuss
problems they had with me. At no time was I notified of a problem, no grievances were
filed. Prior to this planned meeting there had apparently been numerous meetings
between the AFGE VP and the two MCCR employees. These employees had been asked
to provide documentation against me to Mr. Calhoun to affect my removal as Chief,
MCCR. This caused me great anxiety. I will add that I had been documenting poor
performance by these two employees. I had made Mr. Crocker and Mr. Calhoun aware of
the poor performance. Additionally, I stated to Mr. Calhoun at one such meeting that I
understood that he had been meeting with these two employees or had plans to do so. He
stated, "what have I told you about listening to gossip".

11. On May 8, 1995, I was informed by Mr. Crocker that I was being removed from my
position at Mr. Calhoun' s request. My position description had been rewritten from a GS
9 to a GS 11112, but I was not to be promoted to the new grade. He wanted a new Chief,
MCCR. No reason was given to me for my removal, except that Mr. Calhoun was not
happy with my performance. I asked to meet with Mr. Calhoun for an explanation of my
removal. On May 9, a meeting was held including me, Mr. Calhoun, Mr. Crocker, the
EEO Manager, Health Systems Specialist, Acting Chief, Human Resources, and the
Associate Director (her first day). Mr. Calhoun started the meeting by saying that he and
I had met often regarding the program and I knew that he was not pleased with my
performance. He wanted me removed and Mr. Crocker needed a budget analyst and was
willing to place me in that position. I remarked that the only comment that he had ever
made regarding my performance had been "you have a lot to learn, but you are doing a
good job" and that did not equate to poor performance to me. He responded that if he did
not make himself clear that was something that as a Director he would have to work on. I
again asked this question and received the same response. He informed me that I could
remain as MCCR Coordinator and he would put me on performance improvement plan
and get rid of me in 90 days or I could take the Budget Analyst position being offered by
Mr. Crocker. From his remark it was clear to me that no matter what I did, in 90 days he
would get rid of me. I also knew that he had enlisted the assistance of the two MCCR
employees and, additionally, the AFGE VP was the computer specialist assigned to assist
MCCR. Mr. Crocker and I had already found that Mr. Calhoun had copies of information
that was only available to Mr. Crocker and I, therefore, we assumed this was provided by
the AFGE VP. On May 24, 1995, as directed, I signed a memorandum requesting
reassignment to the Budget Analyst position. Effective June 11 , 1995, I was reassigned.

12. I was aware of my limited management background. Mr. Calhoun had come from
Buffalo, New York, whose MCCR Program was number one in the nation. On more than
one,occasion, I had stated to Mr. Calhoun that I was not sure that I had the knowledge
and expertise to make the Fayetteville program into what he expected. His response was
always the same, "you have a lot to learn but you are doing a good job" . For this reason,
 161

I felt as though this removal was personal retaliation on his part. He wanted to humiliate
me. If not, he and I would have had a discussion and I would have been moved to a
mutually agreed position, certainly not one for which I was not qualified.

13. On June 28, 1995, Mr. Calhoun had barred me from going to the main VA building
at the Fayetteville facility. Mr. Crocker was instructed to inform me of this decision. My
duties were changed in order to accommodate this mandate. To the best of my
knowledge and belief this was never done to anyone else. I did nothing to provoke this
action and it is a clear demonstration of a power move against me.

14. On July 8, 1995, Mr. Calhoun and his wife encountered me at the roadside clean-up.
Mrs. Calhoun noticed that my shoe lace was untied and Mr. Calhoun got on bended knee
to tie my shoe. He stated while he was doing this, "when you are going to murder
someone, you tie their shoes backward so that it looks like they tied them themselves."
This incident my witriessed by another VA employee. I was struck dumbfounded and
saw it as yet another threat, not to my personal safety, but to my employment.

15. I tried to find other positions within MCCR at other VA facilities because of the
hostile work environment and the fact that I felt sure he would find a way to get rid of me
altogether. After all, I was in a position for which I was not qualified. Part of the duties
were to advise the Service Chiefs on management of their budgets. I was not allowed in
the hospital, how was I to meet with the Chiefs on a regular basis. All of the positions for
which I applied were canceled; two reannounced with change in grade and one, to my
knowledge, not reannounced until last ~eek. I did secure a lateral position at the VA
Medical Center in Durham and transferred there on October 16, 1995. This position was
not in my career field and has no promotion potential. After three months of commuting
2 hours each way, I moved with my children and household goods at great expense;
emotional, physical and financial.

16. I had hoped that the move from the Fayetteville VAMC would lessen the fear and
anxiety that I had. However, I still felt an uneasiness in the pit of my stomach each
morning as I entered the Durham VAMC. Occasionally, Mr. Calhoun would be present
at the Durham VAMC for meetings. When I would become aware of his presence, I
would have to leave for the day or for as long as he would be in the vicinity. I found that
all that had changed was my geographic location; the fear, paranoia and anxiety were still
with me. Because of these reasons, when I was notified that the IG had been contacted, I
knew that in order to ever hope to end the victimization I would have to tell my story.

11. I was amazed when I read the IG report. I had hoped to prove my case, but I had
never thought that a government agency would have been so negative against a
government official. I was relieved that Mr. Calhoun had been removed from SES. I just
would like to feel more confident that he will never have the opportunity to return to any
typ<;,of supervisory position. I was a bit surprised when the "punishment" was
announced. I, of course, had never thought that he would be fired, even though I had
wished for that. However, I also never thought that he would be rewarded by being/sent
 162

to the place he wanted to be with a raise in salary. Additionally, all his moving expenses
were paid and, ifhis house doesn't sell, the VA will purchase it. Unfortunately, I was not
that fortunate.

18. It concerns me that at no time have the victims been contacted by anyone in
Headquarters. The only information I have received has been in the IG report and what I
have read in the Florida and Fayetteville newspapers. I read in the newspaper and, I
believe it was a Florida paper, that Headquarters had empathy for me but I was not sure
how that was possible since they had never had any contact with me. Additionally, I read
that the settlement with Mr. Calhoun was made in the best interest of all concerned; I
guess I was of no concern. Since that time, Mr. Kingston Smith has explained the reason
for the settlement, which I much appreciated. Had this been explained to me earlier, I
might not have felt so patronized, insulted and, frankly, victimized once again, this time
by V A Headquarters.

19. As a result of these incidents, I have been diagnosed as suffering from Post
Traumatic Stress Disorder and am still under treatment for this condition. It has been a
struggle to get some emotional stablility back into my life. I have tried hard to put this all
behind me and was surprised when this weekend I finally pulled out all of my
documentation and found that many of these things that happened to me had been pushed
back into my memory. I am thankful for that. There was a long period of time when the
thoughts of what were happening to me and what did happen to me consumed my life. I
am glad that I have found the courage to move past all of that

20. I have spent the past year and one half trying to get my life back together. I have
spent lots of time, energy and money trying to get some emotional stability back into my
life and put this whole incident behind me. I have done fairly well. The only time that I
have a problem is at work. I am a bit paranoid because I do not know if! am seen as a
political enemy. I am still a bit anxious at times and am very distrustful. I worry that my
career is over and I will remain in this dead-end job unless I can manage to move on to
another facility. Unfortunately, I still have a black mark in my OPF because I left the
MCCR position and went to Budget Analyst for four months, then went to Administrative
Assistant in Durham. Without explaining my sexual harassment case, how do I explain
these changes honestly? There seems to have been much concern about how Mr.
Calhoun could finish out his career, but no concern for what happens to mine. Have I
received the upgrade of an 11/12 for which I was denied while in my MCCR position? I
have heard no concern for the expenses that I incurred in moving my family, selling my
house, etc. I never began this fight for what I could get out of it, however, when the
accuser is so obviously rewarded, where is the justice for the victims?

21. What has been of greatest concern to me has been the implication that I filed sexual
harassment charges because of inappropriate comments of a sexual nature. I would
never have gone through the hell of the past two years for comments made to me. Mr.
Calhoun is not the first man who has ever made inappropriate comments of a sexual
nature to me; he is, however, the first man who ever tried to destroy my life when I
 163

rebuffed his comments. The findings of the IG were quid pro quo sexual harassment and
sexual harassment for a hostile work environment. Those are the reasons that I filed these
charges and those are the allegations that were proven by the Inspector General. I resent
the implications made to the contrary.

22. I understand that sexual harassment is the headline complaint. However, what about
all the other complaints voiced by employees of the Fayetteville VA Medical Center.
There were many victims of this man's tyrannical behavior. There has never been an
announcement as to the findings of Dr. Gross' review that was conducted by Mr. David
Whatley. There were many more problems identified that just the three that you are
hearing about today. If you want a true picture of the "harassment" that went on at the
FV AMC, maybe you should convene a hearing at the facility. I certainly feel that the
voices of those other people should also be heard.

(' ~.~ CR~~.

~CE 4/7/97
 164

STATEImNT OF SUSAN Il. CARUANA

VA MEDICAL CENTER, FAYETTEVILLE, NORTH CAROLINA

I AM PLEASED TO HAVE BEEN INVITED TO PRESENT MY TESTIMONY BEFORE

SUCH A DISTINGUISHED AUDIENCE . I AM UNCOMFORTABLE DISCUSSING THE

CIRCUMSTANCES, HOWEVER, HONORED TO BE GIVEN THE OPPORTUNITY TO

RELATE MY SIDE OF THE STORY.

I HAVE WORKED FOR THE FEDERAL GOVERNMENT FOR 31 YEARS, ALL BUT

1-1 / 2 YEARS HAVE BEEN IN THE VA SYSTEM. I FEEL BETRAYED BY THE

VERY SYSTEM BY WHICH I AM EMPLOYED. I WORKED FOR JEROME CALHOUN

AT THE BUFFALO VA MEDICAL CENTER FROM 6/9/85 UNTIL MARCH, 1994.

HE WAS APPOINTED AS DIRECTOR OF THE FAYETTEVILLE, NC VAMC IN

APRIL, 1994 BY SECRETARY JESSE BROWN. SHORTLY AFTER HIS TRANSFER

TO FAYETTEVILLE, HE INFORMED ME THAT THE SECRETARY TO THE

DIRECTOR POSITION WOULD SOON BE VACANT AND ASKED ME IF I WOULD BE

INTERESTED IN APPLYING FOR THIS POSITION. AFTER MUCH THOUGHT AND

CONTEMPLATION, I DECIDED TO APPLY FOR THE POSITION, AS IT WAS

CLASSIFIED AS A GS-8 WITH A (TARGET GS-9) IN ONE YEAR, AND I WAS

A GS-7 WITH NO PROMOTION POTENTIAL. I WAS SELECTED, EXCITED

ABOUT THIS POSITIVE CAREER PROMOTION AND OPPORTUNITY , AND LOOKED

FORWARD TO THE IMPENDING CHALLENGE. THERE WERE REPEATED PROMISES

BY CALHOUN THAT I WOULD EVENTUALLY RETIRE AT A GS-11 OR GS-12 .

SINCE I HAD WORKED WITH HIM FOR SEVERAL YEARS , CONSIDERED HIM A

FRIEND, AND RESPECTED HIS POSITION, I FELT COMFORTABLE, THOUGH

NERVOUS, OF THE MOVE TO A NEW AREA OF THE COUNTRY BY MYSELF AND

WITHOUT MY FAMILY. I WAS WELL AWARE THAT CALHOUN WAS DIFFICULT

TO WORK WITH AT TIMES IN BUFFALO, AND OCCASIONALLY HIS BEHAVIOR

 165

BORDERED ON ABUSE, BUT I ALWAYS GAVE HIM THE BENEFIT OF THE

DOUBT, ' THINKING THAT A DIRECTORSHIP WOULD BE A POSITIVE STEP FOR

HIM.

I WAS PERFORMING MY JOB TO THE BEST OF MY ABILITY, HOWEVER, THE

HOSTILE WORK ENVIRONMENT, REPEATED THREATS, INTIMIDATION AND

STRESSFUL CONDITIONS HE CREATED RESULTED IN AN ATMOSPHERE NOT

CONDUCIVE TO MY BEST PERFORMANCE. FOR EXAMPLE, HE TOLD ME IF I

DID NOT REQUEST A REASSIGNMENT, OR DO WHAT HE WANTED, I WOULD BE

A GS-3 BY THE TIME HE WAS FINISHED WITH ME . ON ANOTHER OCCASION,

I WAS THREATENED I WOULD BE PLACED ON A PERFORMANCE IMPROVEMENT

PLAN, HOWEVER, THERE IS NO DOCUMENTATION IN MY PERSONNEL RECORDS

TO SUBSTANTIATE LESS THAN SATISFACTORY PERFORMANCE. IN FACT, AT

HIS INITIATION, I RECEIVED A $1,200 AWARD IN 1995 FOR A SPECIAL

ACT OR SERVICE AWARD FOR MY SUPERIOR PERFORMANCE. AFTER MY

COERCED REASSIGNMENT, I FELT MORTIFIED--RATHER LIKE A LITTLE GIRL

MADE TO STAND IN THE CORNER. TO ADD INSULT TO INJURY, HE HAD THE

AUDACITY TO TELL ME HE HAD A DREAM THAT HE SLEPT WITH ME AND IT

COULD BE WORTH MY WHILE IF I SLEPT WITH HIM.

IN JULY, 1996, I FILED FORMAL E.E.O CHARGES, HOWEVER, ON

SEPTEMBER 9, 1996, PRIOR TO THE ACTUAL INVESTIGATION, THE ACTING

DIRECTOR PRESENTED ME WITH A FORMAL WRITTEN SETTLEMENT IN WHICH I

WOULD RECEIVE MY PROMOTION TO A GS-9 IF I DROPPED THE E.E.O.

CHARGES. I EMPHATICALLY REFUSED TO SIGN THIS AGREEMENT NOTING

THAT I WOULD NOT CONSENT TO THIS COMPROMISE UNDER ANY

CIRCUMSTANCES, AND WAS INSULTED AT THE OFFER.

 166

AS A VICTIM, I LOST MY SELF-RESPECT, FELT WORnILESS, POWERLESS,

FRUSTRATED, EMBARRASSED, HUMILIATED AND AFTBREXPERIBNCING TOTAL

EMOTIONAL DISTRESS, IT WAS NECESSARY TO SEEK MEDICAL TREATMENT

OVER ONE YEAR AGO, WHICH IS STILL ONGOING . I WAS DIAGNOSED AS

SUFFERING FROM SEVERE DEPRESSION AND PLACED ON MEDICATION , WHICH

I AM STILL TAKING. TO DATE, nIE COST OF nIlS CARE IS MY

RESPONSIBILITY. AS A VICTIM, I HAVE BEEN PWISHED FOR ACTS

BEYOND MY CONTROL--I FEEL I HAVE LOST EVERYnIING AND HE HAS NOT

SUFFERED AT ALL . nIE EMOTIONAL ORDEAL AND UPHEAVAL TO nIE

VICTIMS DESERVE APPROPRIATE CORRECTIVE ACTION, NOT A SELECTIVE

FORGETFULNESS BY nIE V.A.

SECRETARY BROWN HAS STATED THAT REP . TIM HUTCHINSON DOES NOT HAVE

ALL THE FACTS ABOUT CALHOUN'S TRANSER, WHEN IN FACT, IT APPEARS

THAT SECRETARY BROWN IS UNAWARE OF ALL nIEFACTS . nIE INSPECTOR

GENERAL INVESTIGATION (HOTLINE CASE #6HL-225) CONCLUDED THAT

CALHOUN'S BEHAVIOR WAS "ABUSIVE, nIREATENING AND INAPPROPRIATE"

AND THAT HE HAD SEXUALLY HARASSED ONE WOMAN EMPLOYEE AND

MISTREATED TWO OnIERS . I WAS SEXUALLY HARASSED AND BECAUSE THEY

DID NOT FIND IN MY FAVOR DOES NOT MEAN IT DID NOT HAPPEN. SO,
WHAT IS nIE PUNISHMENT?? HE IS REWARDED FOR HIS MISCONDUCT AND

TRANSFERRED AT TAXPAYERS' EXPENSE TO nIE VERY STATE WHERE HE HAS

REPEATEDLY STATED HE WANTED TO LIVE AND RETIRE--PLORXDA, WHERE

nIERE IS NO STATE TAX, MAINTAINING HIS $106,487 SALARY, TO A NON-

MANAGEMENT, NON-SUPERVISORY POSITION TAILOR-MADE FOR HIM WInI

DECREASED RESPONSIBILITIES . I FIND NOnIING FAIR ABOUT THIS SO

CALLED PUNISHMENT . IT IS APPARENT TO ME . THAT nIE DEPARTMENT OF
 167

VETERANS AFFAIRS CONDONES MISBEHAVIOR AND ILLEGAL ACTIONS FOR

THOSE PERSONS IN HIGH AUTHORITY AND MERELY TRANSFERS THEM TO

ANOTHER FACILITY AT GOVERNMENT EXPENSE. THE AGENCY CANNOT SOLVE

PERSONNEL PROBLEMS BY TRANSFERRING A PERPETRATOR TO ANOTHER

LOCATION. I FIND THE VA'S RESPONSE TO THIS ENTIRE MATTER

TOTALLY UNACCEPTABLE AND FIRMLY BELIEVE THE AGENCY SHOULD BE HELD

ACCOUNTABLE FOR ITS ACTIONS. THE FACT THAT THESE ACTIONS WERE

TOTALLY IGNORED BY THE V.A. AND THAT THEY REPORTEDLY HAVE NO

AUTHORITY TO CHANGE THE NEGOTIATED SETTLEMENT IS A TRAVESTY. THE

I.G. INVESTIGATION CLEARLY CONFIRMED OUR COMPLAINTS, YET, TO MY

KNOWLEDGE, NO V.A. OFFICIALS HAVE INQUIRED ABOUT THE WELFARE OF

ANY OF THE VICTIMS, CONTACTED US, OR PROVIDED ANY ASSISTANCE IN

COPING WITH THE DAMAGE WE EXPERIENCED. I FURTHER CONTEND THAT A

SYSTEM SHOULD BE IN PLACE TO ASSIST VICTIMS OF SEXUAL

HARASSMENT/MISTREATMENT BY VA MANAGERS.

THIS ENTIRE SCENARIO CERTAINLY DOES NOT EXEMPLIFY "ZERO

TOLERANCE" FOR SEXUAL HARASSMENT--SECRETARY BROWN'S MANDATED

POLICY. A SETTLEMENT AGREEMENT WAS REACHED WITH V.A. OFFICIALS

AND CALHOUN; HOWEVER, I VEHEMENTLY QUESTION THE LEGALITY OF SUCH

A NEGOTIATED SETTLEMENT. IN MY ESTIMATION, REMOVAL FROM DIRECTOR

STATUS IS NOT PUNISHMENT, WHEN YOU CONSIDER THAT HE SAVED SALARY-

-WHICH IS WHAT HIS RETIREMENT IS BASED ON--THE HIGH 3 YEARS. HAS

THE V.A. CONSIDERED THOSE OTHER EMPLOYEES THAT CALHOUN HAD

REMOVED OR DEMOTED FROM THEIR POSITION, OR THOSE WHO FOUND IT

NECESSARY TO RETIRE EARLY BECAUSE OF THE DIFFICULT WORKING

CONDITIONS UNDER HIS DIRECTORSHIP? WHERE IS THE JUSTICE FOR

 168

THOSE PERSONS?? WHAT ABOUT THOSE EMPLOYEES THAT WERE PROMOTED OR

RECEIVED SPECIAL FAVORS AS A REWARD FOR COMPLICITY .

SENIOR EXECUTIVE SERVICE (SES) OFFICIALS SHOULD NOT BE PROTECTED

AGAINST APPROPRIATE DISCIPLINARY ACTIONS. AS SENIOR EXECUTIVES,

IT IS IN THEIR REALM OF RESPONSIBILITY TO LEAD BY EXAMPLE AND NO!

TO USE THEIR POSITION OF POWER TO EMOTIONALLY BULLY AND SEXUALLY

HARASS SUBORDINATES . THE V.A. NEEDS TO APPLY THE SAME STANDARDS

AND TREATMENT TO THE DIRECTORS AND TOP MANAGEMENT AS IT DOES TO

THE LOWER-GRADE EMPLOYEES. THE V . A . COULD TRULY LEARN FROM THE

DEPARTMENT OF DEFENSE. ANY WAY YOU LOOK AT IT, A WRONG IS A

WRONG .

AS A VICTIM, I HAVE GAINED NOTHING BUT STARES, BEING SINGLED OUT

AS A TROUBLEMAKER OR WHISTLEBLOWER, ETC. PRESENTLY, I AM NOT IN

A WELL DEFINED POSITION AND AM UTILIZED WHEREVER NEEDED. I

TRANSFERRED TO FAYETTEVILLE VAMC TO BE THE ADMINISTRATIVE

ASSISTANT TO THE DIRECTOR, WAS ILLEGALLY COERCED BY CALHOUN INTO

EVENTUALLY REQUESTING A REASSIGNMENT IN SEPTEMBER, 1995, AFTER

SEVERAL MONTHS OF THREATS, INTIMIDATIONS, HARASSMENT AND STRESS

BY HIM, AND THEN REPLACED BY AN INDIVIDUAL WHO WAS HIRED WITHOUT

FOLLOWING ESTABLISHED MERIT PROMOTION PROCEDURES . I WAS UNDER

THE IMPRESSION THAT THE FEDERAL GOVERNMENT p~ RULES AND

REGULATIONS PROHIBITING SUCH INCIDENTS FROM OCCURRING.

 169

THESE PAST 2-1/2 YEARS HAVE BEEN A CONTINUOUS NIGHTMARE WITH NO

APPARENT RESOLUTION FOR ME AND I LOOK FORWARD TO THE DAY IT IS

ALL BEHIND ME--THOUGH I SERIOUSLY WONDER IF THAT WILL EVER

HAPPEN.

THANK YOU FOR YOUR CONCERN AND FOR THE INVITATION TO SPEAK WITH

YOU TODAY. IF I AM ABLE TO HELP JUST ONE PERSON FROM GOING

THROUGH AN ORDEAL SUCH AS WHAT I EXPERIENCED, THAT WILL GIVE ME A

GREAT DEAL OF SATISFACTION.

THANK YOU.

~ CAR~ANA
) ./>

- . /J,.~
USAN M.
 170

STA'RIIIDIT

From the time I began working for Mr. Jerome Calhoun in S.pember 1995

through May 1996.1 wa ubjected. to verbal abu (profanity). outbur.t. of

t _ e r . and Mr. Calhoun'. fury and wrath.

Th.r. wer. alDo.t daily incident. of hi. cur.ing. y.lling and .cr.aming

at .... or oth.r _dical cent.r _loy..... liven when I wa_ not the on.. whom h ..

was angry with. it was discouraging to h.ar th.s. conv.rsations. Bi. actions

and worda w.r 0 brutal and h.artle with _loy...... that a d .. structiv.. and

harmful atmospher. . .xi.t ..d. At fir.t I tri.d to ignor.. the conv.r.ationa,

h~ver. I wa. unabl .. to do this when hi. abusive behavior began in th..
morning and continu.d throughout the day. Bach time h .. used profanity toward

me and thr.atened to fir.. .... it b.came increasingly demoralizing for me to

work under tho conditions.

My work p.rformance was gr .. atly affected by Mr. Calhoun's mood and

actions. Be t the tone for the office and medical center each day, which

va. usuallyunsatiafactory. with harmful and injurioua r ..sults to my h.alth

and well-being . to the h .. alth and well-being of oth.. r _loyee.. and I

believe the atmo.phere which exi.ted in the medical center was bar.mful to our
patienta.

In all the year. that I hav.. worked for the f ..d .. ral gov.. rnment at Fort

Bragg and th.. Fayettevill. VA Medical Center. I hav.. never b .. en spoken to or

treated in the maDDer in which Mr4 Calhoun treated ae. Be created a very

hostile work enviroDlllent. B. d.moralized ..e to th.. point that my spirit waa
 171

broken . l: vent to work. 7:30 a.a . and CODtinUed until 5 : 30 p . <and

ooaetUutB later), without even a break for lunch.

l: became exhau.ted and weary and began experieacing phy.ical probl. . . ,

and then realized that l: wa. al.o becOllling depre ed. l: had nO ...ergy at all

and began to decline .ocial invitations and other activities which I had

alway. participated. l: experienced lUlXiety, .leeple._e.. and 10.. of

appetite. Por the fir.t tilut in my life l: wa cared - .cared all of the

tiae. l: never knew when Mr. Calhoun wa. going to erupt and if l: was going to

be the target of hiB explo.ion. l:t we_ and has been the _ . t frightening

experience of my life. on _y 3, 1!J!J6, l: told.., huebend becaus8 ha kept

askinga. what was wrong . l: finally rea1i.ed tha~ l: we. unable to handle

this situation and that l: needed help .

l: did receive as.i.tance from VISIf 6 staff " - e r . when .., hu.band

contacted Dr. Gro regarding my condition and the circuaetance. leading to

my phy.ica1 and eIIIOtiona1 probl.... Bowever, l: have not received any eupport

or backing from VBA BOB. l: believe that Mr . Calhoun received a "epecia1

deal" when he was rea igned to the Bay Pines VA Iledica1 Center in January

1!J!J7. Only hi. reque.t. were takan into con.ideration. No on. frca VilA BO.

ha. ever contacted .e to inquire or deteraine if l: needed any type of support

or iatance.
 172

I waa the victim. I nevar did anything to desarve the traatment I

received. My emotional atrellll and phYllical problema and tholle of othar

-.ployaell have nevar been addressed by the top manag....ent within the VA

systea. It appears that they did not care about what happened to . . or any

of the other employeea. thay wara only concernad with asai.ting Mr . Calhoun.

During the pariod I worked for Mr . Calhoun. I beCUle tan.e and nervous

becau.a I waa .0 afraid of hi. temper and threats. I had parllonally lIeen

four latter. of propo.ed raaoval (two for chiefll and two for allBilltant

chiefa) came aero my desk. X had witne.sed numerous abusive conver tions

and miamanageaent actions by Mr. Calhoun; th.r.for.~ X wa. afraid h. would

fire and mabarra . . ,. . specially since :r was just cretary. Hia

abusive treatment was very d_eaniJlg to me human being, very

disr pectful to me .a a lady, and a180 very painful to endure.

:I have attached a chronological outline of event. to my written

atatement. giving the spacific date. and time. of tha traatment I received

fram Mr. Calhoun.

In addition. I have par.onal knowledge of numarou. mismanagement

practice. by Mr. Calhoun . I have cho.en not to includa thase hand-written

nota. outlining IIpecific data. of hill milluse of hi. position and disregarding

VA regulationll and guidelina.. I will furniah this information to the Office

of tha Inspector General if needad.

 173

I want to clo.e on a positive note about the agency I have worked for

over the past 21 year.. The new vrSN-CODcept is excellent for our patients

and OU1 employee. too. With medical center. working a. -te . . . - and not

individually, the benefits should be outstanding. There should be more

accountability of Directors since they will be working together and their

authority will not be autonomous a. in the paat.

I greatly appreciate the as.istance which I received from Dr. Groas, Dr.

Alexander, Ms. Patterson and M8. Saula. Their 8upport was and continue. to

be outstanding.

One of the beat thinga to happen to the Fayetteville VA Medical Center

in a long time ia being under the leader.hip of the VISN 6 ataff.

r believe that by working together we can care for our patient.. which

ia really what we are all about. w. must demonstrate our willingness to go

-beyond that which i . nece.sary- and 8upport our patient

Without veteran. - I would not have a job and neither would many of the

people in this room. Thank you for doing your job and looking into thia

matter. I am grateful for the opportunity to apeak to you.

 174

CHRONOLOGICAL OVTLINI OP IMRITS

Juanit. W. (Judy) D.wkins

VANe, Fayetteville, He

1. September 5. 1995: I enter.d on duty . t VANC - Dir.ctor. Offic .

2. I work.d for Mr. Calhoun for two days before h. 1.ft for trip to

Atlanta and onto re.erve duty in Bawaii for three we.k.

3. . L t W.ek in S.pt!!!b.r 1995: Mr. C.1houn r.turned frOlll r.s.rv. duty and

was v.ry upset with "'" a. to why I had not info:noed hila about nursing

per.onnel receiving cash awarda. X knew nothing about thea. award. and told

him that I did not. This was the first time he used profanity toward ID

4. October 19, 1995: Received a 3-pag. improper l.tt.r frOlll Mr. Calhoun

.tt.cking and insulting .e about hi. Bo D.y gift.

5. L t . w.ek in October 1995: I contacted BRMS to if I was .ligible

for early retirement (over 20 ye.r. rvice/over .g. 50). I wa. told that I

was, but .ince I had -break in .ervice-, X was not eligible to keep the

insurance, which requred five consecutive year. of federal .ervice to retain.

6. October 1995: A ociate Dir.ctor. S.cret.ry u d profanity toward "'"

and thre.tened me phy.ic.lly. Chief of St.ff spok. with me briefly

concerning this incident. I ked him to apeak to 1Ir. Calhoun about

 175

tr.... f.rring ... to ...other .ervice in the ...11cal center. Thi. incident ...s

never di.cu ed with by the Director or A ociat. Director and no action ....

taken to a iat . . with transferring to another rvice .

7. NQVember 1995. Mr. Calhoun ... a y.lling and .creaming at the A ociate

Director' . . . ecretary, and called the a.ociate Director and _ into his

office . B. u .. ed prof ...ity and threatened to fir . . . .

8. December 4, 1995: Mr. Calhoun thre.tened to .fire me ying that .cae

aoney and IG docuaenta were ai ing frOD hi. d.ak. Be accused of at ling

the IIIOney and the document.. I told hilll I had not b.en in hi. desk nor had

I taken hi. money or d o c _ t . . Be id that he did not beli.ve .e, .t.ting

that the docUlUllt. _ r . 1n "treated" envelope and i f my fingerprint. _re

found on the env.lop., he would per.onally ae. that I was fir.d. Be al.o

.aid that he would e that .v.ryone in Payett.vill. would know that I was

fired becau.e of the theft. Be ordered ..e not to di.cusa this with anyo.. e or

I would b. in more trouble. That . . . . week, Mr . Calhoun .eked Ms. Tanya

Burton, Regional Counael, VARO, Win.ton-Salem, and Mr. Sam Bvans, Chief,

BRJIS, to queation me about the misaing ""'ney and documents . I was never

adviaed that I could have had l.gal counsel pre.ent, and they .lso told ..e

Dot to discuss thia with anyone. I have never found out really happened to

the alledge mis.ing IIIOney and dOCUJlleDt

9. December 11. 1995: When I enter.d the Director'. Offic. in September

1995, th.r. were two other cl.rical employees .... igned to this office. On

12/11/95, Mr. C.lhoun det.iled both of theae employees to other .ervice.

within the medic.l center. Be put a piece of paper in front of me reque .. ting

~~~ ~ . ~~~
 176

that J: sign it at.ting that J: would p.rform .11 of the duti.s for & p.riod of

90 days. J: signed it bec.u.e J: waa .fr.id not to.

10. January 1996: J: .g.in .sk.d Mr. Calhoun to r ign ..e to anoth.r

position. B. us.d profanity and id the only way J: could l ve. my po.ition

.a his secretary was to re.i9ll or h. would fire . . .

11. February 5. 1996 : Mandatory 7: 00 m. _.ting. Mr. C.lhoun u d

profanity and thre.tened to fir...... Mr. C.lhoun id that no matter what

the Associate Director' cretary .aid or did to ~, X was not to say or do

anything to her.

i2 . Saturday. February 10. 1996. 1 : 30 p .... : J: met with Mr. Calhoun. Ma .

Brown and Dr . Pruet king again to be reaaaign.d. Mr. C.lhoun id y and

did ~ u.e profanity . At th.t time he told me to forg.t about hi. previous

threats to fire me. No action was ever taken toward my r ignment.

13. March 1996: Mr. Calhoun _de an inappropri.te r .... rk about my anatomy.

(Detail a can be provided.)

14. March 1996: Mr. Calhoun thre.tened to repe.t the r .... rk in the pre.ence

of the Chief of St.ff and A ociate Director. J: l.ft the room .

15. May 1. 1996: 8:55 ..... : Mr. C.lhoun thre.tened to fire _ and verb.lly

ebused ..e .g.in by using profani ty.

 177

16. IIay 3. 1996. 6;00 p.... I broke down end told ray hu.bend what I bad

been enduring for the last few months.

17. May 6. 1996: 4.35 p ; My hu.bend c . . . to the office to .peak with Mr.

Calhoun asking him not to u.e profanity when speaking to .e and a.king Mr.

Calhoun to reassign me to another service. Mr. Calhoun .aid no.

18. May 9. 1996. 2100 p ; Appointment with my physician at which time I

told him everything 1 I was placed on medical leave from 5/9/96 - 8/26/96.

19. May 17. 1996; My husband contacted Dr. Gro , Network Director, Vln 6,

and provided him with inforaation of events and incidence. involviD9 the
above stated ho.tile work environment, elong with documentation of

aismanagement ~ractices by Mr. Calhoun (nearly 30 faxed page.). I never

filed an BBO grievance or contacted the OIG because I believed that the.e
processes are biased toward management. During tba period that I worked for

Mr. Calhoun, there were numerous BBO'. and OIG complaint. filed again.t him.
I do not recall of any instance in which Mr. Calhoun wa. found to be at
fault. In f.ct~ there were veral occa.ioDa when investigator. c . . . to hie

office after working hours, discussing and laughing about the complainants.

20. June 1996; I filed OWCP paperwork stating that Mr. Calhoun's constant

threats, ho.tile and abusive treatment -toward .e were the direct cause of my

.edical condition and my placement on .edical leave, which are documented by

ray phy.ician. lUI of this date, I bave not heard fraa OWCP. I returned to

work on 8/26/96, one week after Mr. Calhoun was detailed to Durham.
 178

STATEMENT TO THE VETERANS' AFFAIRS SUBCOMMITTEE ON OVERSIGHT

AND INVESTIGATIONS
Lovia B. Bareloot
April 17, 1997

To Committee Members:

I appreciate Ihls opportunity to address the atrocities to which I was lIubJeoted while
Seoretary to Jerome C.lhoun trom April 1~1i4 through Jun. 1~1i4 ,

Very soon after his arrival to the Fayetteville VA Medical Center, it was quite
apparent that he intended to make changes not only in. the management 01 the
medical center but changes in personnel as well.

Within the first week ot his arrival, he advised me that I had 90 days to prove myself.
I thought that to be a strange statement in that I had held the position as Secretary to
the Director since November 1992 and had held a similar position as Secretary to the
Commander 01 the USAF Airlift Center, Pope Air Force Base as well as Secretary to
the Director of the Medical Clinic, also at Pope Air Force Base lor six years prior to
returning to the Fayetteville VAMC in November 1990.

During the transition briefing, I was assigned to take minutes. On the morning 01 the
brieling, James Crocker, then Chiel, Fiscal Service, oltered to go and bring Mr. Billy
Hightower, Transition Coordinator, from the motel to the hospital. Rather than
accepting Mr. Crocker's alter, Mr. Calhoun accused Mr. Crocker at challenging his
authority as the new Director. Aller Mr. Hightower had presented the brieling,
Jerome Calhoun stood belore the group composed 01 service chiefs and some key
stall personnel. He walked to the Iront 01 the semicircle in which we seated. He
immediately held his arms away Irom his sides, slowly walked in a 360 turn, lully
exposing his hands and wrists. When he had completed his turn, he rubbed the tops
01 his hands and relerenced the color 01 his skin.

Mr. Calhoun's managerial style, it you could call it that, was one 01 threats,
intimidation and constant lilthy language. The 'luck' word was Irequently used in my
presence, as well as a lew other curse words . In those three months, which in some
ways seemed like an eternity, he constantly inlerred that my work was substandard,
was not what he wanted, and I had better clean t.:p my act or I'd be out 01 a job. This
was done in the lorm 01 yellow sticky notes, verbally, or written in margins 01 a
finished product. I found these rejections of my work and threats for dismissal totally
foreign to anything I had ever endured before in my Federal Career. I have always
taken pride in my work, triad to do my best for my supervisors and was recognized
for this by receiving only highly satisfactory and outstanding perlormance appraisals
as well as incentive and suggestion awards. Isn't it interesting to note my
performance appraisal ending March 31, 1994, just prior to Jerome Calhoun's
arrival, was Highly Satisfactory I

I soon began to live in such fear of being reprimanded and threatened, both actions
never having been necessary by prior supervisors, that my fears altected my
perlormance. I was exposed to other employees being reprimanded, sometimes
overheard yelling and screaming through a closed door, and would see an employee
come out of Mr. Calhoun's office with their face 'beet red' . Always cognizant that I
was now in a '90-day trial period' initiated by Jerome Calhoun, I began to lear lor
my emotional survival as well as my job survival. I felt I had no one to turn to - -
who would believe my word against that of the Medical Center Director. I was a
small fish in a very large pond.

I am the type of administrative employee who likes to have her next day's work
organized before leaving the office. One afternoon around 5:00 p.m. Mr. Calhoun
called me into his ollice and told me to call the regional office at Winston Salem
 179

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about some matter. I made a note of his request on my calendar, said goodnight
and walked out of the ollice. As soon as I reported to work the next morning, he
yelled at me to come into his ollice that instant. He exhibited so much anger that I
was terrified and, yet, had absolutely no idea what I had done wrong. He began to
berate me lor my insubordination and not taking my job seriously. I lived with
threats the entire 3 months I worked for him as Jerome Calhoun used his authority
inappropriately. He had no need to sCl'eam at me as I have no hearing deficit. When
I asked him what he was talking about, he responded he expected me to take care of
the regional ollice matter at that moment and not wait until the next day. When I
explained the late hour of his assignment, after office hours, his only response was
something like Oh, was it that late? Never once did he apologize. After he told me I
appeared to not take my job seriously, I began to Cl'y. He then asked me to step over
beside his desk and he opened one of the drawers on the left side. Inside that
drawer was a large box of beige-colored tissues. He told me they reminded him 01
me, soft and beige, and that whenever he upset me to the point of tears, to feal free
to get a tissue from his desk as they had been bought espeCially with me in mind. I
recall asking him if his former secretary in Bullalo was ever upset to the point 01
tears and he said Yeah, frequently, especially during her marital problem days.

In May 1994, the medical center was visited by Mr. Herschel Gober, Deputy
S8CI'etary to Jesse Brown. Earlier in the day , prior to the reception for Mr. Gober and
unknown to Jerome Calhoun, Tomi MacDonough, Vet Center Leader, had a moment
to chat with Mr. Gober about some concerns he had for the Vet Center. Later, at the
reception, Mr. Gober asked Mr. Calhoun about those issues and apparently took Mr.
Calhoun totally by surprise. Alter Mr. Gober had departed the station, while seated
at my desk, Mr. Calhoun came bursting though the main ollice doorway, past my
desk, jerking his tie 011, cursing and screaming that God damn mother luckin' son 01
a bitch MacDonough was going to hear from him . Tom Arnold, then Associate
Director, was right on his heels trying to calm him down. Mr. Calhoun slammed his
ollice door. Mr. Arnold's secretary and I stared at each other in disbelief at what had
just taken place. (Please keep in mind that Mr. Calhoun was stil/fairly new on the
scene and every day presented a new horrendous adventure.) In a short while, he
came out of his ollice, stepped up to my desk, and announced he was going jogging
to de-stress. No, he did not record this absence or other like absences. Further, I
never observed him using his ollice computer during my tenure there.
Soon alter his arrival, Jerome Calhoun called me into his ollice to take dictation in a
response to a sexual harassment matter which had lollowed him from one 01 the
New York medical centers. All the Cl'iteria listed on the document, I think, were listed
in an a. b. c. type of format and each was emphatically denied by Mr. Calhoun.
When I had taken the dictation, I was told to typewrite the response, make no record
of the female's name, and keep no copy of the document. I was then told to give the
document back to him for mailing.
Jerome Calhoun was a member of the Bullalo Bills Club. During my tenure, I spent
the better part of one day making reservations for Mr. Calhoun to attend the next
season's games. I personally thought that to be a waste of government time, but I
did as I was told while existing in a vacuum of fear and reprisal from this man. As
part of my duties, I frequently made lodging reservations which he made explicitly
clear were to be only the Hilton, Marriott, and, I believe, the Sheraton, in that order.
It should be obvious that this caused per diem conflicts with Fiscal Service's travel
allowances. Here again, Mr. Calhoun used his position to get what he wanted.
Mr. Calhoun would refer to stall members in a derogatory manner. Appointments
were seldom kept on time by Mr. Calhoun. I was instructed to make those
 180

- 3-

appointments in 15 minute increments as he told me no one at the medical center

was important enough or had anything important enough to say, that would require
more than 16 minutes 01 his time. One day, in particular, as many appointees waited
in the hallway adjacent to my office well past their appointed times, I exprassed my
concern about the delay. There was no doubt I had angered him 8S his response
to me was something like "those bastards in the hallway are drawing the same pay
while waiting to see me as they would be at their desks and to let them wail.' He
kept his ollice door oloaed, the IItaff members were dlamlssed. Thla wall a rep.ated
problem.

From the moment he arrived, I never received instructions on his preference

regarding telephone messages. He had a private line installed in his office and I had
no way of determining if he was using his private line Initially, I delivered wrillen
messages when his door was opened. However, on this particular day, he became
irate by the numerous messages and with sarcasm and anger, he informed me, at
that time, it was not my place to decide who he spoke with.
As time went by, I could sea a change in me

from:

- a woman who used to come to work, thankful that she had reached the grade of
GS 8, a grade at which she would one day retire,
- a woman who had excelled in facets of her personal life,
- a woman who had successfully worked with medical professionals, Air Force
Colonels, Congressional liaisons, and foreign military officers for more than twenty
years

to:
- a woman who had become a timid, nervous wreck as the result of the harassing,
hostile and intimidating work environment created by Mr. Calhoun.
- a woman who began to dread reporting to work because that office had become a
living hell
- a woman who suffered loss of appetite, insomnia, sought medical allention for
stress-related chest pain and shortness of breath and would mentally replay the day's
events.
Mr. Calhoun had, on numerous occasions, told me how inferior my work was, how I
would have to do beller or look for another job. Any perceived transcription errors
were my word against his. I could not prove he had or had not dictated as I had
transcribed but he would yell at me about something being all wrong in the finished
document. In fact, I even offered to use a micro casselle recorder to ensure there
would be no errors in a finished product. This suggestion was not received well by
him as he told me, emphatically, there would never be a recorder used in his office.

I recall one day in which he was scheduled to leave, later in the morning, to speak to
an organization out of town. That particular morning had been extremely hectic and I
didn't seem to be doing anything that pleased him. At lunch period, I requested a
friend to take me for a drive as a reprieve from the morning's hostility. Because of
my emotional state, I fell it was unsafe for me to drive. I was distraught, crying
uncontrollably, and vomiting. My friend insisted that I go .to her apartment, rest a
while, call her at the office and she would bring me back to work. Two hours later. I
reported to work and signed 2 hours sick leave. She and I both agreed that for my
own physical and emotional well being a change was due. Obviously Mr. Calhoun
wasn't going anywhere (or so I thought) and I must try to bring some sanity back into
my life.
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After admitting to myself that all those years 01 devoted work for the Federal
Government was not something I could just throwaway, I opted to request a transfer
to another job even if that meant an obvious downgrade as I was the highest ranking
secretary in that medical center. This decision was not made on a whim. it was a
matter of survival - MINE. I had ollen discussed the work environment with my
husband and daughters and each supported me in my decision to transfer. When I
approached Mr. Calhoun requesting a transfer, he "acted" surprised. He agreed to
my request for transfer only if I signed an agreament to accept the position at a lower
grade, pay level, and that I was not coerced into doing so. This resulted in a pay
reduction of greater than $3,000 per year.

I ask you, Members of this Committee, do not the above stated facts qualify as
coercion, intimidation, harassment, hostile working environment and abuse of power
by Mr. Calhoun? Incidentally, I was still within my "90-day trial period" and this had
hung over my head like a dark cloud. I thought all my years of highly satisfactory and
outstanding ratings would have sufficed as proof of my abilities and I should never
have had to endure the pressure of sitting on the fence with my career at stake.
On my last day in the director's office, after signing that coerced statement, I
learned that Sue Caruana, Mr. Calhoun's former secretary from the Buffalo VAMC
would be reporting (at Government expense) to replace me. I found this out from
Susan Odom who later was to become known as Mr. Calhoun's "girlfriend". The
afternoon of my last day, Mr. Calhoun called Susan, who had been interim Associate
Director secretary, into his office. She went into Mr. Calhoun's office and the door
was then closed. About an hour later, Susan came out of the office and had a
flushed look and smile on her face . She whispered that she could not talk to me
then but wanted to share her secret with me on the phone that evening. It was
during this phone conversation that Susan stated Mr. Calhoun had promised her if
she played her cards right, that he would make it worth her while. Susan would
serve as interim Director's Secretary (GS 8) until Ms. Caruana's arrival, and would
then hold the position of Secretary to the Associate Director (GS 7). At the time of
this arrangement, Susan Odom held the position of Education Department Secretary
(GS 5). Well, it's obvious that Susan Odom did play her cards right as she eventually
became Secretary to the Associate Director in the fa" of 1994. This exemplifies pre
selection in its boldest form . Susan Odom was later promoted to a newly established
GS 8 position as the second staff member in the Public Affairs office.
End of June 1994,1 was reassigned to the Fiscal Service as an Office Automation
Assistant, GS 5, step 10. My new job required frequent visits to the Director's office
always with the possibility of seeing Jerome Calhoun. I was hurt and felt a terrible
loss of self esteem . To add insult to injury, I also had to face Sue Caruana, my
replacement from Buffalo. I tried to approach her with professionalism, dignity and
poise .. . inside, however, I was dying.

Had the circumstances been different, had someone with a professional management
style become the Director, then in a" probability, I would have remained at least until
January 6, 2000 at which time I would have completed 30 years of service and been
55 years of age. On September 19, 1994 I completed 25 years 01 service. The
lo"owing January, I became 50. Early out was an option which I chose; I had had
enough. I lelt betrayed by the System . I could not understand why a man 01 this
vicious, filthy-mouthed, morally corrupt persona could have ever risen to the rank of
Medical Center Director.

The Fayetteville VA Medical Center is a good hospital with some long time, hard
working, and devoted employees who never, never deserved the likes of Jerome
Calhoun. It should be apparent that the Veteran petient (the main reason for the
hospital's existence) eventually suffers when the employees are under such stress.
Medical Center employees should be able to feel respect and admiration for their
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superiors, not fear , anxiety, and utter disgust. Mr. Calhoun quickly built the
reputation of a director wilh absolutely no respect for others by his frequent verbal
abuse of staff members using gross profanity in professional meetings. Many
respected the position Mr. Calhoun held but not the person Mr. Calhoun is.

I am sure the Members of this Committee question why I did not file an EEO
complaint. I have seen the ' workings of the EEO at the Fayetteville VA Medical
Center and have yet to ' ... a grlevenoe re.olved 10 the .ell.f.otlon of the
complainant.
Members ot Ihis Committee, I implore you to thoroughly investigate such atrocities
that these other witnesses and I endured at Fayetteville VAMC, Investigate from the
top level of the Department of Veterans' Affairs down. Investigate why the 'Jerome
Calhouns' in this administration are punished by merely transferring them from one
facility to another. Mr. Calhoun was not punished. Yes, he was removed from SES
status, but he is still drawing a $106,000+ annual salary and living in the State of
Florida where he had always intended to retire. Did the Department of Veterans'
Affairs officials really punish him or merely slap the faces of his subOf'dinates. I am
so thankful that, hopefully, the truth is to be made known.
I would like to see this problem rectified and those of us who suffered such great
losses compensated. You, Members of this Committee, are the ones to do it. In a
computer programming class that I attended in college, as we were writing our
programs, my instructor would always say " now, remember class - 'garbage in,
garbage out'". To you, I say iI's time to takeout the garbage!
Thank you for your time and allention.

~0:4A 4 kr-
-7 .- -
~~JIA B. BAREFOOT
Former Secretary to the Director and
Premature Retiree
 183

STATEMENT OF FACTS

DORIS MOORE-RUSSELL, MSW

FAYETTEVILLE, NORTH CAROLINA VA MEDICAL CENTER

I arrived at the Fayetteville VA Medical Center o n

3/23/93 to assume the position of Coordinato r
Aftercare/Outpatient Substance Abuse Program . I was
responsible for the planning, devel oping, implementing,
directing and evaluation the activity of the new
substance abuse program . I am alleging that I was
subject to undue stress and a hostile environment
because I did not welcome any sexual advances from the
previous director, Mr . Jerome Calhoun . I was f o r c ed to
leave my position for one year, taking leave without
pay, 8/1/95 to 7/31/96 . I experienced malicious
retaliation as the direct result of Mr. Jerome
Calhoun's actions . He used insolent, abusive and
intimidating language to me in the presence of others .
I was consistently harassed. He has made disparaging
racial and gender remarks toward me and in my presence
when referring to others.

I met with Mr. Calhoun for the first time on 5 /9/ 94 at

10:15 a.m . to discuss the women veteran's program per
his request. He wanted to be briefed on the women
veteran's program. After briefing Mr. Calhoun, I
discussed my other duties and responsibilities .
Initially, I thought that we had developed rapport . My
next contact with Mr. Calhoun occurred on 6/8/94 . Mr .
Calhoun called me at home. He stated that he had heard
that I had been in the hospital and that he was just
checking on me. I thought that was odd and definitel y
unexpected. When I returned to work , 6/13/94, I
informed my supervisor, Mr. Wilson Canteen, that the
director had called me at home. He said that he knew
because they were at the same EEOC Conference in
Orlando, Florida. I asked him what did he think that
was all about. My supervisor just laughed and said
maybe he likes you . Later that day Mr . Calhoun
requested to meet with me at 4:00 p.m. We discussed my
health, the women v eteran's program and problems within
the substance abuse program. He appeared supportiv e
and said that he would assist me in anyway that he
could.

I served on several committees that Mr. Calhoun visited

and witnessed him making demeaning remarks to many
employees . I began to feel uncomfortable with his
abusive behavior . On 7/28/94, he requested that I come
to his office, he just wanted to see how things were
going . I told him that I was applying to the SWALT
(Social Work Administration Leadership Training) and
asked him for a letter of recommendation. He said
consider it done. I received my letter of
recommendation from him on 8/16/94 (copy available) .
When I asked the Acting Chief of Social Work, Mr.
Canteen, for a letter of recommendation, he told me,
 184

"Yes I had better write you a recommendation because

Mr. Calhoun told me not to mess with you." I asked
him, "What did he mean?" Mr. Canteen answered, "He
told me to leave you alone." I became uncomfortable
with what was implied. Later on that day I received a
memorandum of appreciation from Mr. Calhoun (8/17/94,
copy available) .

On the next day, (8/18/94), Mr. Calhoun's secretary

called me to meet with him at 4:00 p.m. He was late
for our appointment, but we met at 4:25 p.m . He gave
me an executive cabinet that was located in the
Director's Suite hallway for the Women Veteran's
Program. He also reported that he was considering a
budget for the Women Veteran's Program. I felt an
uncomfortable feeling in the bottom of my stomach . I
said thanks and left.

We met again on 8/23/94 at 3:00 p.m. to confirm the

budget for the Women Veteran's Program. The meeting
was brief. He could tell that I was uncomfortable. I
had experienced several meetings where he has stated
that if we didn't do things his way, he would get e v en.

A last minute request from Central Office for

participants to attend a conference on women veteran's
issues in San Diego, California prompted Mr. Calhoun to
exercise his power. He funded travel for me and two
other women veteran's advisory members attendance to
the conference. He pointed out to me that the money
was being made available from his budget. That morning
on 9/27/94, Mr. Calhoun told us to leave immediately
for the airport. It was a last minute decision, we
almost missed our flight.

I received an announcement for the regional women

veteran's coordinator position from Mr. Calhoun on
10/24/94 (copy available) . I met with him at 4:00 p . m.
and told him that I would like to apply . I discussed
with him how I had been appointed as the Women
Veteran's Coordinator. I told him that it was an act
of reprisal. He told me that he was aware of my
situation with the previous administration. He
specifically added, "Doris, you were fucked by the
previous administration . At least if I had fucked you,
you would have gotten something out of it." I didn't
respond. I couldn't respond. We just sat there in
silence for what seemed like forever. He finally said,
"You need to seek medical attention. Go and see the
EAP Counselor . " I left his office very much shocked
and agitated due to his remarks. Perhaps, I should
have said something to him. I began to question myself.
Did I lead him on? The things that he had accommodated
me with, Were they suppose to be favors? The cabinet,
the trip to San Diego, the memo's and letters of
recommendation/appreciation or the implied protection
were they favors. I was hurt and confused.

On 10/26/94 at 3:30, I met with Dr Toye, EAP counsel o r

to discuss my distress. He was supportive but told me
 185

because of our professional relationship he would have

to refer me to an outside therapist. He initially
suggest that I see one of the therapist here at the VA
since I'll am a service connected veteran . We both
agreed that suggestion was not feasible because I
worked under the department of psychiatry. I left his
office feeling angry. I thought, I am a professional
psychiatric social worker, actively working in the
field why do I need to see a shrink. I was already
taking psychotropic medication prescribed when I was
admitted to the hospital in June of this year . I begin
to feel sorry for myself. I just couldn't make an
appointment to see a therapist. My anxiety, stress and
depression became worst as did my situation at work .

My current supervisor Ms Yvonne King started to work on

11/1/94. She became one of Mr. Calhoun's lieutenant .
She immediately began to treat me differently after I
filed for workers' compensation for stress.

During the second week of 12/94, the Medical Center

gave a Christmas party at Pope Air Force Officers'
Club. I arrived late and was greeted by Mr . Calhoun. He
apparently saw me coming in. He gave me a hug, his hand
slid down to my chest . He squeezed my breasts with both
of his hands. I pulled back in shock. he had a smir.k on
his face and said merry Christmas, Doris. I wan t ed to
slap his face instead, I mumble something . I rushed to
find the bathroom. I felt sick. The rest of my night
was ruin. I kept wondering who could I tell . Who would
believe me?

When I arrived at work the next morning, I told the

Assistant Chief, SWS, Mr. Canteen. He asked me what was
I going to do? I told him I did not know . Later that
day Mr Calhoun requested that I meet with him . I was
hesitant and frighten. I was afraid that Mr. Canteen
had told him about squeezing my breasts.
Instead he talked about my health issues, job stress
and my filing for workers' compensation. He was angry.
He stated, .. you shouldn't have said what I said about
Mr. Arnold. That was between you and I . " He was
belittling. Then he told me to leave .

My worst fear happened. I received a memo from Mr.

Calhoun on 1/19/95 detailing from my position from the
coordination of aftercare/outpatient effective 2/5/95
(copy available). I was confused and upset, I was able
to regain my composure and requested a meeting with Mr.
Calhoun on 1/30/95. I saw him at 1:15 pm . He was
demeaning. He didn't make any sense. He stated all
you had to do was to be nice. Now, I don't give a damn
about you, Doris . I left baffled and angry. I filed a
grievance against Mr. Calhoun on 2/2/95. I wanted to
know the specifics of why he detailed me . I was
becoming depressed. I couldn't sleep at night and
couldn't stop from being tearful. I felt helpless and
trapped. I met with my psychiatrist, Dr . CUsi and he
placed me on sick leave for 7 days . I returned to work
on 2/15/95, I received a call from Mr . Calhoun's
office. This time I asked Paul Reid, AFGE president
 186

to go with me. I was afraid to go alone. Mr. Calhoun,

Ms . King and the Chief of Personnel were there. After
heated discussion between Mr. Calhoun and Mr. Reid, Mr .
Calhoun, stated to me, "You're the only one that has
something to loose here Doris, not Mr. Reid." He gave
me an informal resolution memo that returned me to my
position (copy available). I specifically requested
that I not experience any reprisal as the result Jf
these proceedings.

However, I was continually harassed. I had to start

signing-in in the morning. My staff reported that they
felt they were being harassed because of my
relationship with Mr. Calhoun and Ms. King. I wanted
this madness to stop. I requested an appointment with
Mr. Calhoun. His new secretary, Susan called me back
and told me that Mr . Calhoun said if it was work
related for me to talk with my supervisor and if it was
personal he would have to have a witness present. I
said fine (3/29/95). My secretary told me that Mr .
Calhoun called me at 8:00 a.m. (3/30/95). I called
him back at 8:01, his secretary gave me an appointment
for 9:30 a.m. I went to his office alone (my mistake) .
He harped on the fact that I was not in my office when
he called. I told him I wanted peace . he didn't let
me finish and asked what else. So, I discussed having
to pull weekend calls without compensation, signing-in
on the e-mail every morning and Ms. King briefing and
assigning duties to my supervisee without discussing
the issues with me. He acknowledged that all the above
concerns were incorrect. He said he would speak with
Ms. King . He then asked me did r know why Eugene
Paul, EEO manager was in us. r said no . He said
because the last time we talk you misrepresented what r
said to workers' compensation, as if r supported you.
r said fine, r don't mind him being here.
(1:00 p.m.) Regular scheduled SWS meeting with Ms. King
and Mr. Canteen . r told her and Alma, as r walked in
not to look for my e-mail in the A .M. , because Mr.
Calhoun said I didn't have to sign in. This was a
harmless statement, r thought, because she normally
speaks with him frequently and r didn't want any
trouble for not signing in .

She jumped up and ran out of the office, leaving me and

Mr. Canteen in there . A few seconds later, Mr. Eugene
Paul came back with her, and Mr. Canteen asked if he
should leave. She nodded . Mr . Paul proceeded to
demean me, telling me he could understand why I had to
sign in. I told him the regulation stated that you
call in if you don't plan to be here. He stated,
that's your interpreting . r asked him what was his
interpretation? I also asked him what role was he
playing in this? He became upset, ran out and returned
in seconds with the director, Mr . Calhoun. Mr. Canteen
had come back in the office with a puzzled look on his
face . Mr. Calhoun asked him to leave, leaving me alone
with him, Ms. King, and Eugene Paul . Mr. Calhoun and
Mr. Paul were standing in front of the closed door as
if they were "keepers of the gate" . Ms . King was
 187

watching with a smirk on her face. Mr . Calhoun was

pointing his finger in my face and was screaming. He
was using insensitive and demeaning terms. I lost
track of what he was saying. I was trying to keep my
emotions intact. I tried to say something, but he told
me to, "shut the fuck up and to never to say anything
to him again." He added that if I needed to talk with
someone, talk with my chief , my assistant chief or his
boss. I looked helplessly at Ms. King for support.
She didn't say anything . I just wanted to leave, but
couldn't because they had me trapped in her office.
Finally, Mr. Calhoun realized that he had lost control
with me. He and Mr. Paul left. I looked at Ms . King,
I said to her, see, you still couldn't support me . I
became tearful and asked to leave . She nodded her head
in acknowledgement. As I left her office, Dick Droney,
a staff social worker, asked me what was wrong. He
could see that I was upset. He asked me, who was Mr .
Calhoun screaming at? I said me and he said, "I heard
him say shut the fuck up." I felt torn apart and was
clearly demoralized and devastated.

Summary: Mr. Calhoun made explicit and implicit sexual

comments to me on several occasions. He created a
hostile working environment for me because I would not
meet his conditions. By touching my breasts , I feel
that he has sexually assaulted me. My rejection of his
sexual advances was used to ridicule and belittle me .
He has ruined my life. I had to leave my job for one
year without pay, from 8/1/95 to 7 / 31/96. I will never
be the same again . I am now psychologically fragile
and filled with insecurities. This injustice ,
malicious, and belittling behavior of Mr. Calhoun is
characteristic of his nature. Mr. Eugene Paul, EEO
Program Manager, and my Chief, Mrs. Yvonne King aided
and abetted Mr. Calhoun's irrational and abusive
behavior displayed in their presence. I was so
distraught and filled with distress, that I had to be
admitted to a psychiatric unit at Cumberland County
Mental Health for one week . With all the media
surrounding the VA sexual harassment and mismanagement
sanctions have caused me to relive this agonizing
experience once again . Mr . Calhoun has inappropriately
abused his power as medical center director at the
Fayetteville, North Carolina VAMC.
 188

Statement of
Representative BYa M. Clayton
Veterans Affairs Subcommittee
Oversight & Investigations Bearing
Allegations of Sexual Barassment in the VA

April 17, 1997

I'd like to thank Chairman Everette and Ranking Minority Member

James Clyburn for allowing me to make a statement this morning.

Like you, I have been greatly disturbed and very concerned about
the recent allegations of sexual harassment at Veterans
facilities. I am especially concerned about the findings
disclosed by the Inspector General's report on the Fayetteville
VA Medical Center which is in my congressional district . Let me
assure you that the majority of the Fayetteville staff, like the
majority of all VA employees, are highly capable dedicated
professionals who deserve the highest degree of respect and
admiration for the job they do day in and day out to serve our
nations veterans.

Sexual misconduct and abuses of power, on any scale, are

unacceptable I
The employees who work for the Department of Veterans Affairs are
entitled to be treated with respect and dignity in a work
environment that is free from misconduct, sexual harassment and
abusive behavior.

As Members of Congress, we have an obligation to gain a complete

understanding of the problems by seeing and hearing what people
have to tell us. We must follow up with appropriate steps to
deal with the complex and serious matters .

I am pleased that the subcommittee is conducting hearings to

ensure that these allegations are fully investigated and all
appropriate actions to prevent future abuse are taken.
 189

STATEMENT OF
RONNIE BLUMENTHAL. DIRECTOR
OFFICE OF FEDERAL OPERATIONS
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
BEFORE TIlE
COMMITTEE ON VETERANS' AFFAIRS
U.S. HOUSE OF REPRESENTATIVES

APRIL 17. 1997

Good morning Mr. Chairman and Members of the Committee. Thank you for the
opportunity to appear before you today. I am Ronnie Blumenthal, Director of the Office of
Federal Operations (OFO) at the Equal Employment Opportunity Commission (EEOC). You
have asked that I discuss the federal sector complaints process and, in particular, sexual
harassment complaints filed against the Department of Veterans' Affairs (DVA).

The EEOC Office of Federal Operations has oversight of the equal employment
opportunity (EEO) complaint process in the federal sector, including the hearings and appellate
processes. The office provides guidance and assistance to the EEOC Administrative Judges
who conduct hearings on discrimination complaints filed against agencies. OFO adjudicates
appeals of federal agency decisions on discrimination complaints and ensures agency
compliance with decisions issued on those appeals. While the statutes we enforce require
agencies to comply with our decisions, EEOC has no coercive authority in the federal sector.
Although we can issue orders at the appellate level and most are followed .- unlike the
private sector, we cannot take a federal employer to court to resolve a complaint of
discrimination.

The federal EEO complaints process is governed by 29 CPR Part 1614. In addition,
the Commission has issued specific implementation guidance to agencies through EEO
Management Directive 110. Within the framework established by the regulations and
management directive, each agency has great flexibility in structuring its EEO program. Some
agencies have independent EEO offices reporting directly to the head of the agency. The EEO
program at DVA is under the direction of the Deputy Assistant Secretary for Equal
Opportunity who reports to the Assistant Secretary for Human Resources and Administration.
Other programs have different structures.

Each agency is responsible for investigating EEO complaints filed against it and issuing
a decision on the merits or taking other action to resolve or dismiss the complaint. Final
agency actions on complaints can be appealed to the EEOC. The following is an overview of
the process for EEO complaints and the basic aspects of that process -- EEO counseling,
investigation, hearings, appellate review and compliance.

40-881 97 - 7
 190

EEQ CQunseliDI

The complaint process begins when a federal employee or applicant contacts an EEO
counselor at the agency where the alleged discrimination occurred. The time limit for
initiating counseling is 45 days from the date of the alleged discriminatory event.

EEO counseling is required as the first step and is an essential part of the federal
complaint process. EEO counseling allows the opportunity for informal resolution and many
agencies are utilizing alternative dispute resolution during the counseling stage. The counselor
provides the complainant with information on the 1614 complaint process including the time
limits involved in the process. The EEO counselor also contacts management and attempts to
assist the parties in achieving resolution. During the counseling period, the complainant is
assisted in deflning the issues and bases of the complaint. The role of the counselor is to
facilitate early resolution, not to advocate for either party or recommend specific terms of a
resolution agreement.

Counseling must conclude within 30 days of the date of the initial contact. If
counseling continues beyond 30 days, the counselor must inform the aggrieved person that he
or she has a right to me a formal complaint after 30 days in counseling, regardless of whether
counseling has been completed. This time limit for counseling can be extended with the
written agreement of the person seeking counseling. If an agency has an established ADR
procedure and the aggrieved person agrees to participate, counseling may take up to 90 days.
Many agencies use collateral duty counselors while others have full time counselors.
According to reports flied with the EEOC by the Department of Veterans' Affairs, OVA uses
collateral duty counselors.

At the conclusion of counseling, the aggrieved person must be given written notice of
the right to me a formal EEO complaint within 15 calendar days of receiving the notice. The
notice also provides instructions on how to me the complaint.

Complaint Inyestjlation

Foilowing counseling. the aggrieved person can me a formal EEO complaint with the
federal agency against which the complaint is directed. Upon receiving the complaint, the
agency must acknowledge its receipt in writing. The acknowledgement notice must also
adviS\) the complainant that the agency is required to conduct a complete and fair investigation
within 180 days of the flIing of the complaint unless the parties agree in writing to extend the
period. The notice must also advise the complainant of the right to appeal the fmal decision or
dismissal.

If a complaint is not dismissed, the agency must conduct the investigation and must
develop a complete and impartial factual record. Many agencies have full time investigative
staff, while others contract with outside organizations for investigation of complaints. In FY

2
 191

1996, the Department of Veterans' Affairs contracted for 59% of its investigations, with the
remainder being conducted by collateral duty investigators .

The agency has 180 calendar days to complete the investigation. Following the
investigation, or if the investigation has not been completed within 180 days, the agency must
provide the complainant a copy of the investigative file and notice informing the complainant
of the right to request a hearing or a final decision by the agency . If the complainant requests
a final decision, the agency has 60 days within which to issue its fmal decision on the merits of
the complaint. The complainant may file a civil action in United States District Court within
90 days of receiPt of the agency's fmal decision if no appeal has been filed . The complainant
also has the option to file a civil action in United States District Court after 180 days from the
date of the filing of the EEO complaint if no fmal decision has been issued.

If the complainant requests a hearing, an EEOC Administrative Judge in one of

EEOC's field offices will conduct the hearing on the merits of the complaint. The
Administrative Judge has the option of assisting the parties in considering settlement of the
complaint. The Administrative Judge has the authority to order discovery or the production of
documents and employee witnesses and direct supplemental investigations when discovery is
inadequate in developing the record.

The Administrative Judge may issue findings of fact and conclusions of law from the
bench after the conclusion of the hearing, in lieu of issuing written findings and conclusions .
The Administrative Judge also may issue findings and conclusions without a hearing where the
material facts are not in genuine dispute and there is no genuine issue as to credibility.

Within 60 days ofreceipt of the Administrative Judge's findings and conclusions, the
agency must issue its fmal decision. In its decision, the agency may reject or modify the
findings and conclusions. If the agency fails to act on the Administrative Judge's fmdings and
conclusions within 60 days , they become the fmal agency decision.

Appellate Review

A complainant may appeal an agency's decision to EEOC. The agency's decision may
be a dismissal of the complaint based on procedural grounds, such as untimely contact with an
EEO counselor, untimely filed EEO complaint, failure to state a claim, mootness, or failure to
accept an offer of full relief. In addition to procedural decisions, an agency may issue a
decision addressing the merits of the EEO complaint, finding or not finding discrimination.

Once an appeal is docketed, the parties are provided an opportunity to submit briefs on
the appeal. When the initial appellate decision on an EEO complaint is issued, the parties are
notified of their right to request reconsideration of the initial decision by the Commission.

3
 192

A complainant may file a civil action, either within 90 days after receipt of the
Commission's final decision on appeal or after 180 days from the date of filing an appeal if
there has been no final decision by the Commission. Filing a civil action terminates
Commission processing of an appeal.

If an appellate decision orders compliance action, such as remanding the complaint for
further investigation or, if a fmding of discrimination is made, awarding relief, the matter is
assigned to a compliance officer. The compliance officer monitors for compliance with the
order in the decision.

That in sum is the process for handling federal EEO complaints.

With that as background, then, and pursuant to the Committee's request, in an

attachment to my written statement, we have provided you with complete data on federal
sector sexual harassment complaints for fiscal years 1991 through 1995 and with the data that
we currently have available for FY 1996.

1be statistics provided to you are taken from reports filed annually with EEOC by
other federal agencies.

The government-wide information is a compilation of data submitted by all agencies

under our purview. Government-wide figures for fiscal year 1996 are in the process of being
reconciled and are not available at this time.

For 1995, the last year for which we have complete data, you will note that the DVA
had 8.36% of total federal workers, 8.01 % of total EEO complaints filed, and 14.10% of
sexual harassment complaints filed.

Again, thank you for inviting me to appear before you today. I will be happy to
answer any questions.

4
 COMPLAINTS FILED - FY 1991 - FY 1996
VETERANS AFFAIRS (VA) COMPARED TO GOVERNMENT WIDE (GW)
TOTAL TOTAL PERCENT OF TOTAL TOTAL PERCENT OF OW SEXUAL VA SEXUAL PERCENT OF
EMPLOYEES EMPLOYEES EMPLOYEES COMPLAINTS COMPLAINTS COMPLAINTS HARASSMENT HARASSMENT COMPLAINTS
GW VA VA/GW YEAR GW VA VA/GW COMPLAINTS COMPLAINTS VA/GW
2,726,865 215,426 7.9O'J' 1991 17,696 1,125 6.36% 707 79 11 .17%
2,742,491 219,742 6 . 01~ 1992 19,106 1,220 6.39% 947 66 7.16%
2,643,391 224,952 6.51~ 1993 22,327 2,131 9.54% 1,606 95 5.91% ...~
2,630,755 222,215 6.45~ 1994 24,592 2,216 9.01% 1,547 105 6.79%
2,563,193 219,995 6. 5~ 1995 27,472 2,201 8.01% 1,390 196 14.10%
2,532,507 211,761 6.36~ 1996 NA 2,191 NA NA 224 NA
AVERAGE
~91_- 95~_22,239_ 1,779 !,.OO%,_ 1~40 109 8.76%

SOURCE - COMPLAINTS - EEOC FORM 462 FILED BY FEDERAL AGENCIES

COMPILED BY THE COMPLAINTS ADJUDICATION DIVISION. OFFICE OF FEDERAL OPERATIONS

NA - NOT AVAILABLE GOVERNMENT WIDE DATA CURRENTLY BEING RECONCILED

 194

STATEMENT OF
NICHOLAS M. INZEO, DEPUTY LEGAL COUNSEL
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
BEFORE THE
COMMITrEE ON VETERANS' AFFAIRS
U.S. HOUSE OF REPRESENTATIVES

APRIL 17, 1997

Good morning Mr. Chairman and Members of the Committee.

I am Nicholas M . Inzeo, Deputy Legal Counsel for the Equal Employment Opportunity
Commission (EEOC). I appreciate the opportunity to appear before you today to discuss the
legal issue of sexual harassment in the workplace.

Sexual harassment in employment is a form of unlawful sex discrimination that violates

Title vn of the Civil Rights Act of 1964. In 1980 the EEOC issued its Guidelines on Sexual
Harassment, 29 C.F.R. 1604.11, which made clear that unwelcome sexual conduct in the
workplace is unlawful when:

(l) submission to such conduct is made either explicitly or implicitly a term or

condition of an individual's employment, (2) submission to or rejection of such
conduct by an individual is used as the basis for employment decisions affecting
such individual, or (3) such conduct has the purpose or effect of unreasonably
interfering with an individual's work performance or creating an intimidating,
hostile, or offensive working environment.

Sexual harassment is unlawful only if it is unwelcome to the person claiming

harassment. "Unwelcome" means that the person complaining of harassment did not solicit or
incite the conduct, and regarded it as undesirable or offensive. Voluntary submission to sexual
conduct does not necessarily mean that the conduct was welcome. Rather, the critical inquiry
where there is an issue of conduct being unwelcome is whether the complainant behaved in a
manner that communicated that the sexual conduct was unwelcome.

There are two primary categories of sexual harassment: quid pro quo and hostile
environment. Although these claims are theoretically distinct, the line between the two is not
always clear, and they may occur together.

Quid Pro 000 llapsgnmt

Quid pro quo harassment occurs when a supervisor makes submission to sexual conduct
a condition for job retention, promotion, or any tangible job benefits. Quid pro quo
harassment can be explicit, as when a supervisor says to a subordinate that he will fire her if
she does not engage in sexual conduct. Alternatively, such harassment can be implicit, as
 195

when a supervisor makes sexual advances to a subordinate, is rejected, and shortly thereafter
fU"es her. In the latter example, the subordinate can establish a violation of Title VII if she
proves that her rejection of the supervisor's advances was a motive for her termination.

Some courts have held that quid pro quo harassment occurs only if the subordinate
rejects the supervisor's sexual advances and consequently suffers tangible job harm.
However, it is the position of the EEOC and of other courts that quid pro quo harassment
occurs whenever a supervisor makes sex a condition for job retention or job benefits, even if
the subordinate submits to the unwelcome advances and thereby avoids the threatened harm, or
resists but the supervisor never carries out the threatened job harm.

An employer is automatically liable for quid pro quo harassment by a supervisor. This
is because the employer is responsible for its supervisors' use or abuse of powers delegated to
them.

Bqstjle Enyjronment Harassment

In 1986 the Supreme Court issued a decision in Mentor Savings Bank v. Vinson, 477
U.S. 57 (1986), affirming the EEOC's definition of sexual harassment in its Guidelines. The
Court recognized that sexual harassment violates Title VO when it creates a hostile work
environment, even if no tangible harm is threatened. This type of harassment can occur when
arryone in the workplace -- a supervisor, a co-worker, or even a non-employee -- subjects an
individual to unwelcome sexual conduct that is sufficiently severe or pervasive to create a
hostile or abusive work environment.

In 1993 the Supreme Court elaborated on the legal standards for establishing a hostile
environment. In Harris v. Forklift Systems, Inc., 114 S. Ct. 367 (1993), the Court held that a
complainant need not prove that she suffered psychological harm as a result of the harassment.
Rather. she must establish that a reasonable person would have found the conduct sufficiently
severe or pervasive to create a hostile work environment. and that she perceived it as such.
Justice Ginsburg put it more simply:c it is sufficient to prove that the harassment altered the
working conditions so as to "make it more difficult to do the job. " Harris, 114 S. Ct. at 372
(Ginsburg, J., concurring).

An employer's liability for hostile environment harassment is not automatic. When the
harasser is a co-worker, the employer is liable only if it knew or should have known of the
misconduct and failed to take inunediate and appropriate corrective action. When the harasser
is a non-employee, such as a customer, the same standard applies, except that consideration is
given to the employer's ability to control the actions of the non-employee.

Courts are split as to when an employer is liable for hostile environment harassment by
a supervisor. Most courts recognize that a company is always liable for misconduct by a high
level official, such as the company president. This is because the actions of such individuals

2
 196

are considered to be the actions of the employer. The legal standard is less clear with regard
to sexual harassment by other managers and supervisors. The Supreme Court in Meritor
stated that agency principles apply. Meritor, 477 U.S. at 72. Some courts have held that
under those principles, an employer is not responsible for hostile environment harassment by a
supervisor if it had an explicit policy against sexual harassment and effective complaint
procedures, and if the complainant did not notify higher management of the harassment.
Other courts and the EEOC have taken the position that an employer is liable under agency
principles whenever its supervisor used or was aided by powers delegated by the employer in
accomplishing the harassment. In such circumstances, preventive and corrective actions by the
employer would not eliminate liability, but could reduce the amount of damages that are
awarded against it.

Harassment of Both Sexes

One issue that has arisen in some recent hostile environment cases is whether Title VII
is violated when an individual in a workplace sexually harasses both men and women. Such
an individual might be called an "equal opportunity harasser." Since sexual harassment is a
form of sex discrimination, a female complainant must prove that she would not have been
subjected to the harassment had she been a man, and a male complainant must prove that he
would not have been subjected to the harassment had he been a woman.

At first blush, it might seem that there is no sex discrimination when men and women
are both subjected to hostile environment harassment. However, investigation into the facts of
these types of cases often reveals that the harassment is more severe or pervasive with regard
to employees of one gender. For example, in Kopp v. Samaritan Health Systems. Inc. , 13
F .3d 264 (8th Cir. 1993), the district court had issued summary judgment against a plaintiff
who alleged hostile environment harassment because the harasser was abusive to both female
and male employees. The Eighth Circuit reversed because the alleged incidents were more
frequent and severe with regard to the female employees.

Finally, even if a harasser's behavior towards male and female employees is equally
severe or pervasive, sex discrimination might still be found. For example, in Chiapuzio v.
BLT Operating Corp., 826 F. Supp. 1334 (D. Wyoming 1993), male and female plaintiffs
challenged a supervisor's sexually abusive remarks to them. The employer argued that there
was no sex discrimination because its supervisor harassed both male and female employees
alike. The court rejected this argument, finding that the supervisor's conduct could constitute
unlawful sexual harassment as to each plaintiff, because his behavior was designed to demean
and harass each of them based on their genders.

I hope that my testimony has provided the Committee a fuller understanding of the
issue of sexual harassment in employment. I will be happy to answer any questions you may
have.

3
 197

STATEMENT OF

HERSHEL W. GOBER

DEPUTY SECRETARY

DEPARTMENT OF VETERANS AFFAIRS

BEFORE THE

SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS

COMMITIEE ON VETERANS' AFFAIRS

U.S. HOUSE OF REPRESENTATIVES

APRIL 17, 1997

*****
Mr. Chainuan and members of the Committee, I appear before you today on

behalf of Secretary Jesse Brown to testify about VA's policies and practices regarding

sexual harassment and other fonus of discrimination in the workplace.

This has been a matter of utmost importance to Secretary Brown and myself from

the very beginning. I was sworn in as Deputy Secretary on February 3, 1993. One week

later I was at the Atlanta VA Medical Center dealing with a terrible sexual harassment

case that we had inherited. While I was there. I promised our employees that this

Administration would not tolerate anything that would keep them from devoting their full

attention to serving veterans. Secretary Brown and I have worked hard ever since to

fulfill that promise.

Very early on. Secretary Brown established a policy of "zero tolerance" of sexual

harassment and other fonus of discrimination within the Department of Veterans Affairs.

I strongly support this policy. Any and every allegation of sexual harassment 01

discrimination is thoroughly investigated, and when evidence supports the allegation, VA

takes action to protect victims, and offenders are disciplined within the range of options

allowed by law and supported by the evidence.

In saying this. however, it is relevant to clarify that "zero tolerance" does not

mean that all offenders will. in every instance, he removed from federal service.' Sexual

harassment and discrimination can encompass such a broad range of conduct that removal

from federal service may not always be the most appropriate or legal remedy.
 198

Secretary Brown and I have done everything we know of to support a "zero

tolerance" policy regarding sexual harassment. He has issued letters to all VA employees

expressing his strong commitment to diversity, equal employment opportunity, and the

prevention of sexual harassment. The Secretary has asked everyone to join him in

making the effort needed to uphold this commitment.

In countless speeches to VA employees, we have emphasized and reemphasized

this policy. Consistent with these efforts, the Department has developed a program

designed to prevent sexual harassment and discrimination by all employees, not just by

senior executives. The program takes a three-pronged approach: communication,

training, and policy development.

The Secretary issued his rtrst all-VA employee letter on sexual harassment in

1993. That letter has been followed by four others dealing with EEO and sexual

harassment issues. In each. there has been an articulation of VA's policy, along with

specific guidance on how to implement that policy.

V A has developed an extensive employee training program on prevention of

sexual harassment and discrimination. We understand this is one of the most

comprehensive programs of its type in the federal government.

In 1993. Secretary Brown established a requirement that all employees receive

four hours of training about the prevention of sexual harassment and discrimination,

followed by refresher training every two years. Every employee in V A was directed to

receive four hours of training in 1993 and early 1994, and every employee was directed to

receive two hours of refresher training in 1995 and 1996. By the end of 1996. every VA

employee also had received training in valuing diversity. Both Secretary Brown and I

participated in these training sessions.

In addition, VA has an on-going training program for managers and supervisors

concerning VA's equal employment opportunity programs, and their responsibilities

under those programs. VA has also significantly improved its training for EEO

professionals. to include counselors. investigators, and program managers.

In the area of policy development. in VA Circular 00-94-2, dated February 25.

1993. V A established a requirement that all allegations of sexual harassment be elevated

 199

above the field facility level, to the Veterans Health Administration Network or Veterans

Benefits Administration area directors, for a higher level review to determine whether

intervention is necessary to protect an employee or V A from harm, pending a full

investigation and resolution of the allegations. That Circular has expired, but its

requirements are being incorporated in V A Directives 5975 and 5977. In order to

encourage employees to bring forward their allegations, and protect them when they do

so, on May 26, 1993, VA established a requirement for a higher level review of all

complaints of reprisal and retaliation. For those employees who wish to remain

anonymous, V A has established a sexual harassment and discrimination hotline, where

employees can report misconduct and find out what to do about it. The hotline number is

1-800-767-0184.

Other relevant policy developments include:

In 1994, VA Circular 00-94-2 and VHA Directive 10-04-093, dated August I,

1994, and VHA Directive 10-94-097, dated September 29, 1994, formal'EEO

complaint processing procedures were improved to speed up the investigation of

complaints.

V A has developed performance standards for senior executives, to improve

workforce diversity and meet timeliness requirements for processing complaints.

In October 1994, V A clarified its table of penalties for misconduct, so there could

be no question that sexual harassment and discrimination were actionable offenses,

(offense # 37) punishable by anything from reprimand to removal for a first

offense.

In practice, over the past four years, we have had nine cases involving senior

management officials in which we have taken action based on allegations of sexual

harassment or related matters. In seven cases, the executives resigned or retired. In the

other two instances, the executives were taken out of the Sertior Executive Service and

placed in a lower-graded positions .

. I would like to address briefly the one case that precipitated this hearing, that of

the Director of the Fayetteville V A Medical Center who was alleged to have engaged in

sexual harassment. Following an investigation, V A management seriously considered

 200

proposing his removal from federal service. but had significant doubts that the evidence

would sustain removal action on appeal to the Merit Systems Protection Board or in the

courts. As a result. a negotiated settlement was reached with the Director. To date, the

former Director steadfastly denies the allegations.

That agreement insured the Director's removal from the station. from the

directorship of any VA facility, from the Senior Executive Service, and from any

supervisory position. but it permitted him to continue as a government employee without

loss of pay. I understand that some view VA's decision to reach that agreement as

indicative of a lack of management's concern about sexual harassment. or possibly as a

V A practice of protecting senior managers from the consequences of improper actions.

want to assure you in the strongest possible terms that it does not.

IT the verifiable evidence had been such that management was reasonably

confident that the Merit Systems Protection Board. or the courts. would have sustained

removal from federal service, then that action would have been pursued to its conclusion.

It is important to reiterate that management felt it was extremely important -- from the

standpoint of both the provision of health-care services to veterans and the work

environment for our employees at this facility -- that the Director be removed from his

management position and relieved of all supervisory responsibilities. Accordingly. VA

entered into a settlement with him under which he was transferred out of the Fayetteville

VA Medical Center. He also resigned from the Senior Executive Service and was

reduced in grade and rank to a non-supervisory, GS-14 position. By these actions,

management achieved what were considered to be the nIOst critical objectives.

What concerns us most about this matter is that it has damaged VA's standing

with some of our women en;Jployees and women veterans, and that is most regrettable.

As I have indicated. we have taken many serious actions over the past four years to try to

ensure that all of our employees have a workplace where they feel secure and safe from

discrimination and harassment of any kind. We believe that this is very important for

their well-being and for our ability to provide veterans with the health care and other

benefits and services they deserve.

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To strengthen our employees' protections further in light of the Fayetteville case,

the Secretary has taken two additional recent actions:

In order to ensure a consistent approach in treating allegations of sexual

harassment and for that matter, other misconduct against senior V A executives, the

Secretary has required that all such allegations and recommendations for dealing

with them be brought to the attention of a committee drawn from senior staff in

V A Headquarters before action is taken to resolve the matter.

In order to ensure that the Department has a more comprehensive understanding of

sexual harassment complaints in VA and that effective oversight is conducted at

the policy level, he has also charged the Office of Equal Opportunity with

developing aggregate information on all sexual harassment cases in V A, regardless

of whether they are being handled through the formal EEO complaint process,

Inspector General hotline or investigative reviews, union grievances procedures, or

Administrative Boards of Investigations.

V A recently conducted a Department-wide survey to determine employee

perceptions of how V A handles sexual harassment. To ensure the survey was conducted

objectively and professionally, an outside contractor was chosen. The results of this

survey will be available by the end of June.

In addition, Secretary Brown has decided to write a letter to all V A employees

reassuring them of VA's continuing commitment to ensuring that VA employees are free

of discrimination and sexual harassment in the workplace. This letter will remind our

employees of the means available to them to deal with any problems they may encounter

in these areas.

We are optimistic that these measures together with all of our efforts over the past

four years are serving to reduce -- and, we hope, to move toward the elimination of --

sexual harassment and discrimination in VA.

Mr. Chairman and members of this Committee, if there were one thing that I wish

I could accomplish at this hearing today, it would be to reassure all of our employees that

VA continues to support its policy of "zero tolerance" of discrimination and sexual

harassment. We want them to know that this is our policy, and we would ask them to
 202

judge us on the strength of our entire record of actions in tbis area and our expressed

commitment to address this difficult problem.

We will be doing all we can to get this message across to our employees and

managers, and we would welcome any suggestions you may have to help us accomplish

this.

I am available to answer your questions, as are the VA staff members who have

accomoanied me.
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AcrlONS OF SECRETARY BROWN

TO ELIMINATE SEXUAL HARASSMENT
IN THE DEPARTMENT OF VtTERANS AFFAmS

January 26, 1993 Met with the Deputy Assistant SeCretary for Equal Opportunity to
discuss his concern about sexual harassment, and to direct that actions
be taken to eliminate it.

February 2, 1993 Notified the White House of his review of the Department's EEO
program, with special attention to sexual harassment.

February 10, 1993 Sent Deputy Secretary Gober to Atlanta, GA, for an on-site review of
sexual harassment issues and the employment situation in general.

February 16, 1993 Issued an "All Employee Letter," which:

Declared that sexual harassment was unacceptable conduct and

would not be tolerated.

Stated his strong personal commitment to prevent and eliminate

sexual harassment within VA.

Required that impartial reviews be conducted, and that prompt

action be taken on all allegations of sexual harassment.

February 25, 1993 Issued a Circular which suspended the decentralization of discrimination
and sexual harassment complaint processing; delegated centralized
responsibilities to the Office of Equal Opportunity; and established a
requirement for higher-level reviews of all sexual harassment complaints,
by a level above that of the field facility in which the complaint arose, in
order to determine whether intervention is required ..

March 9, 1993 Issued an "All Employee Letter," which:

Required that all current employees receive a minimum of 4 hours

of training on the prevention of sexual harassment and the
discrimination complaint process, with refresher training every 2
years.

Required that new employees receive 4 hours of sexual harassment

and discrimination complaint training within 60 days of their
employment.
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Required that all EEO Counselors receive training certified by the

Office of Equal Opportunity before perfonning EEO Counselor
duties.

Provided that employees be allowed to select an EEO Counselor of

their choice.

Transmitted a copy of the EEO complaint procedures to all

employees.

March 10, 1993 Authorized the establishment of an EEO Information Line (Hotline), to
provide employees and others a means of obtaining information and advice
about sexual harassment and discrimination, and how to report it.

March II, 1993 Established the Secretary's Ad Hoc Work Group on Sexual Harassment, to
address sexual harassment and other gender-related issues. The group is
composed of headquarters and field personnel, arid is representative of
VA's diverse workforce.

April 6, 1993 Met with Harriet Woods, President of the National Womcns' Political
Caucus, to discuss their legislative agenda for women and to discuss the
Department's plans for-ensuring non-discrimination and advancement of
women in VA.

April 22, 1993 Met with his Ad Hoc Work Group on Sexual Harassment to share his
concerns and ask for fonnal recommendations. The Secretary directed that
the following recommendations of the Ad Hoc Work Group be
implemented:

Field facilities be pennitted to add field-specific information to the

mandated 4-hours training on the prevention of sexual harassment
and discrimination complaints.

Field facilities be given credit toward the 4-hour training

requirement for training on sexual harassment and discrimination
complaints given after September of 1992.

An employee survey be conducted to detennine the extent of

problems related to sexual harassment in the Department.

Conduct a study into problems related to the "glass ceiling" which

serves to limit the upward mobility of women_

May 18,1993 Met with Carolyn Kroon, President, and Brigadier General Pat Foote
(Ret.), Military Advisor, from Federally Employed Women (FEW), to

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 205

discuss issues of concern to women employed in the Federal Government

arid VA.

May 21, 1993 Issued an "All Employee Letter," which:

Discussed the role employees played in preventing and eliminating

sexual harassment.

Provided a 3-page attachment containing guidelines on sexual

harassment and what to do about it.

May 26, 1993 Issued an "All Employee Letter," which:

Expressed his concern about retaliation and reprisal for reporting

allegations of sexual harassment and discrimination.

Established a requirement for a higher-level review of all

investigative reports on EEO complaints of retaliation and.reprisal,
by a level above that of the field facility in which the complaint
arose, in order to determine whether intervention is required.

June I, 1993 Issued a Circular which reported on problem areas related to sexual
harassment and discrimination complaints, as reported by the General
Accounting Office, and which required field facilities to review those
problem areas and report on what procedures were either in place or would
be put in place to correct those problems.

July 30, 1993 Issued an Interim Issue which:

Established an enhanced evaluation program for internal reviews of

EEO policies and procedures, and on-site evaluations of field
facility EEO programs. .

Establisheddue dates for the 4-hour training on sexual harassment

and discrimination complaints, and for the 2-hour refresher courses
to be taught every 2 years.

Established selection and appointment criteria for EEO Counselors,

as well as training and continuing education requirements.

Emphasized an employee's right to choose an EEO Counselor of

his or her choice.

Provided specific requirements for recording and reporting EEO

counseling activities.

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 206

August 2, 1994 Issued a Circular which:

Established incremental time limits for processing EEO complaints

by field, as well as headquarters personnel.

Established performance standards for EEO Officers (Field Facility

Directors), related to meeting the time limits imposed on them.

Established a requirement that every field facility appoint an EEO

Program Manager who would be responsible for EEO complaint
processing, and who would not be employed by the Human
Resources Management Service.

Provided guidance on the acceptance and processing of complaints.

Provided appointment criteria for EEO Investigators, and

procedural guidance concerning their operations and control.

Provided guidance concerning higher-level reviews of sexual

harassment and reprisal complaints, as well as concerning the use of
administrative boards in connection with those higher-level reviews.

Provided guidance on compliance and reporting requirements for

EEO complaint processing.

May 27,1994 Issued EEO performance standards for senior executives, which required
specific and measurable achievements in meeting affirmative employment
goals and in preventing discrimination and sexual harassment.

June 13, 1994 Circulated the Secretary's Performance Agreement with the President,
which included, as a major goal, becoming an employer of choice by
ensuring a work environment free from discrimination. Also established a
requirement that all managers and employees receive 4 hours of training on
managing and recognizing diversity.

October 18, 1994 Issued new VA regulations on Disciplinary and Adverse Actions, which
specified that sexual harassment and discrimination was actionable
misconduct, and provided for reprimand to removal fora first offense,
depending on the seriousness of the misconduct.

August 16, 1995 Issued an "All Employee Letter," which reaffirmed the Department's Equal
Employment Opportunity policy, to include "zero tolerance" for sexual
harassment and discrimination.

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 207

1995 to 1997 VA continued to build upon the Secretary's initiatives, by improving

training, complaint processing,~d program oversight.

March 27, 1997 Established a committee of senior staff in VA Central Office to review all
allegations of misconduct against senior managers and executives, to
ensure that all of them are treated consistently and in accordance with the
Secretary's "zero tolerance" policy towards sexual harassment and
discrimination, before any action is negotiated or finalized.

April, 1997 VA has several initiatives underway in the area of sexual harassment and
and continuing discrimination complaints processing. These initiatives include:

Development of a centralized reporting procedure for all allegations

of sexual harassment, whether initiated through the EEO
discrimination complaints process, or in other forums .

Development of a new on-site EEO inspection program, to oversee

and evaluate the effectiveness of field facility EEO programs.

. Development of new EEO regulations and handbooks, so as to

improve the timeliness and quality ofEEO complaint processing.

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 208

STATJ:ICEN'l' 01' MIl. Wl:LLIAM T. ICIIIUlIHAH

DEPtlTY INSPECTOR GZlUItAL
UI'ORJ: TO BOUSE VE'l'EJlANS' AJ'I'AIJlS COMMJ:TTZE

IIBAJlING ON SEXtJAL HARASSMENT IN TO VA

APRIL 17, 1997

The Office of Inspector General (OIG) takes the issue of

sexual harassment very seriously. Allegations of sexual
harassment against senior VA managers or allegations of
senior managers creating a hostile work environment by
failing to respond to sexual harassment allegations against
their staff are pursued vigorously by my office.

secretary Brown has made it clear that the Department's

policy on sexual harassment is "zero tolerance." It is the
responsibility of senior managers to implement the
Secretary's policy by establishing a work place environment
that is free from sexual harassment. Effective
implementation of this policy requires senior headquarters
and field facility managers to set a proper example for
their staff by communicating, both verbally and by their
actions, their zero tolerance of sexual harassment.

Medical center directors and regional office directors serve

as the Equal Employment Opportunity (EEO) Officers for their
facilities. When a senior manager, particularly one who is
also the EEO Officer, is personally involved in sexual
harassment or creates a hostile work environment by
tolerating sexual harassment by his managers or staff, VA
has a failure that could affect the integrity of the entire
system at that facility. When these failures occur, the
Department must be willing to acknowledge the situation and
respond appropriately.

Surfacing and Investigating Allegations of Sexual Barassment

Allegations of sexual harassment against VA senior managers
may surface through the EEO system, through the negotiated
grievance process, through management channels, or through
the OIG's Hotline and Special Inquiry function. The
investigations of allegations of sexual harassment may be
conducted by EEO investigators designated by the VA Central
Office (VACO) Office of Equal Opportunity (OEO) staff, by an
 209

Administrative Review Board established by one of the major

operating elements of VA, or by the OIG.

Allegations of sexual harassment investigated by the OIG are

those reported to us through the OIG's Hotline which
includes those received in Congressional or other
correspondence . In the OIG, investigations of sexual
harassment are conducted by my Special Inquiries staff, who
specialize in administrative investigat i ons of misconduct
and mismanagement, primarily by senior VA officials. Also,
the results of our investigations of sexual harassment are
closely reviewed by the OIG's legal staff.

When we receive a complaint of sexual harassment against a

senior manager, we conduct an initial review of the facts
relating to the complaint. This review includes a
determination of whether the complaint is currently under or
scheduled for an investigation by an investigator designated
by the VACO OEO staff or by an Administrative Review Board.
In a number of cases, employees not only report the
allegation to the OIG, but also to EEO and/or management.

If the sexual harassment complaint reported to the OIG is

determined to be under investigation as a part of the EEO
process, we will defer to that process since it affords the
employee broader relief than the OIG can offer. The
statutory EEO process offers the employee the chance to seek
compensatory damages and to appeal outside the VA to the
Equal Employment Opportunity Commission and ultimately to
the Federal court system. It is a process with multiple
levels of increasingly more formal review that, once
started, can only be stopped by the employee.

If the sexual harassment complaint reported to the OIG is

determined to be under investigation by an Administrative
Review Board, we will normally defer to the Board and open a
case for tracking and oversight purposes. As a part of this
oversight process, we will review the Board's final report
and supporting evidence file, if necessary, to make certain
a thorough review of the allegation was accomplished.

Our first major investigation of sexual harassment

complaints against senior VA managers was a 1992 review at

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 210

VAHC Atlanta. In that review, we found (1) the management

style, the structure of the EEO process and the high level
posi tions of the harassers deterred female employees from
reporting allegations of sexual harassment, and (2) sexual
harassment, including harassment by top managers and the
failure of top management to deal with allegations of sexual
harassment, created a hostile work environment for female
employees.

We issued our report on VAHC Atlanta on January 14, 1993.

The Department took swift and effective corrective action on
the systemic problems we identified in the EEO process at
VAHC Atlanta and replaced the top three managers at VAMC
Atlanta. These 3 managers were included in the list of 12
senior managers recently reported by the Department to the
Committee as retired, demoted, or dismissed as a result of
sexual harassment.

OIG Task Force and Audit on EEO Process

While our work at VAHC Atlanta was in-process, the former
Inspector General established an OIG Task Force to review
VA's entire EEO process, to include allegations of sexual
harassment. The Task Force effort evolved into a
comprehensive OIG audit of VA's EEO Program with emphasis on
sexual harassment complaints. The audit report was issued
on March 31, 1993, and made recommendations to develop and
issue a VA-wide policy directive that, at a minimum,
includes specific procedural instructions in eight areas of
VA's EEO program where guidance was missing or not well
defined. This audit also recommended that the Department
conduct evaluations of the EEO Program's organization,
performance and policy guidance.

Implementation of these recommendations are tracked through

the Department's audi t follow-up system. Information in
that system indicates there have been delays in implementing
some of these recommendations. However, the implementation
of the full audit recommendations appears to be back on
track. A draft version of the new Department-wide EEO
Program policy and handbook is currently being circulated
for concurrence prior to issuance. Also, the Department's
OEO staff, beginning in May 1997, will perform evaluations
of the EEO program at three field facilities and self
evaluations of the EEO program will be conducted at six

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 211

other field facilities using a guide developed by the VACO

OEO staff. These actions will finalize the recommendations
in our March 1993 audit report.

S!!!ple Impro~nt. Made by VA to the EEO Proqr_

Since we issued our March 1993 program audit report, the
Department has reported a number of improvements to the EEO
program to include the following:

- Required every VA employee to complete 4 hours of EEO

training in 1993 and 2 hours of refresher EEO training in
1995 and 1996;

- Redefined EEO Program Managers' duties, required EEO

Program Managers to be appointed at every facility, and
removed EEO Program Managers from Human Resources Management
oversight;

Established a training program for EEO counselors,

provided initial training in 1994, and refresher training in
1996 for the counselors;

Reemphasized record keeping requirements for EEO

counseling with semiannual reporting of the number of
counseling contacts and remedies obtained during EEO
counseling;

Required EEO Officer/Senior Executive Service

performance standards to contain specific measurable goals
including the timeliness of complaint processing.

General Accounting O~~ice (GAO) Report on Sexual Bara. . . .nt

In June 1993, GAO issued a report on sexual harassment
issues at selected VA medical centers. GAO concluded there
was a need to comprehensively assess the environment and
procedures for dealing with sexual harassment at medical
centers. GAO recommended an agencywide survey of sexual
harassment issues be taken. The VA agreed with the GAO
recommendation. The survey of about 30,000 VA employees was
taken during the first 6 months of 1996 by a consulting firm
and we understand the final survey results will be available
soon. This comprehensive survey should give the VA a good
 212

idea of the significance, if any, of sexual harassment

issues in the Department.

Sexual Bara. . . .nt Complaint. Received by the OIG

The OIG closely monitors complaints of sexual harassment
received by our Hotline or in Congressional and other
correspondence with our o ffice . The volume of cases opened
stemming from allegations of sexual harassment is quite low
relative to the overall number of Hot l ine cases opened.
Details follow:

TOTAL HOTLINE SEltOAL IIA1IASSMENT

~ CASES OPENED CASES OPENED

FY 1993 855 18
FY 1994 681 6
FY 1995 637 1
FY 1996 549 3
FY 1997 to date 307 l
Total 3,029 29

While these raw numbers do not seem to indicate a widespread

problem of sexual harassment in a Department of over 220,000
employees, we take each and every allegation seriousl y . An
analysis of the 29 cases of alleged sexual harassment,
indicates that senior managers were involved in 5 cases. In
4 cases, senior managers were named as harassers and in the
fifth case, a senior manager was alleged to have failed to
act on founded allegations of sexual harassment by an
employee of the medical center.

VANe Fayetteville Revie.

The most publicized of these 5 cases involved allegations of
sexual harassment and other misconduct and mismanagement by
the former director at VAMC Fayetteville. By mutual
agreement with the Director, Veterans Integrated Service
Network (VISN) 6, the orG reviewed the allegations of sexual
harassment and the VISN 6 Director asked the Director of
VAMC Augusta to review the other misconduct and
mismanagement charges.

The former Director was also the EEO Officer for VAMC
Fayetteville. None of the three women, who made allegations
of sexual harassment against the former Director to the OIG,
had filed an EEO complaint .

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 213

Our review of the sexual harassment allegations made to the

OIG determined that the former Director sexually harassed
one of the three female employees of VAMC Fayetteville .
While we determined there was insufficient evidence to
support a finding he sexually harassed the other two female
employees, we did conclude that the former Director's
behavior toward them was abusive, threatening and
inappropriate.

Regarding the first complainant, we found the former

Director made inappropriate comments of a sexual nature,
some of which were witnessed by other employees. However,
the facts of the case were such that we concluded a sexual
harassment charge would be difficult to uphold because there
was evidence which might support a finding that such .
comments were neither uninvited nor offensive to the
complainant, an element required to support a hostile
environment case.

We did conclude the former Director's treatment of the first

complainant was inappropriate and abusive particularly by
someone in a senior management position. This complainant
advised us that the former Director's verbal abuse caused
her such stress that she filed a claim for workers'
compensation. It should be noted that the charges we did
substantiate carry equal or greater penalties to that of
sexual harassment, as described by the Department's table of
penalties.

The second complainant testified that the former Direct o r

made unwelcome sexual advances toward her and retaliated
against her when she rejected his suggestions that they have
a personal relationship. Our review substantiated quid pro
quo sexual harassment and sexual harassment for creating a
hostile work environment. We found the testimony of the
complainant to be credible in that it was corroborated by
the views of other medical center employees and another
credible witness. Due primarily to stress caused by the
sexual harassment, the complainant transferred at her own
expense to another VA medical center.

The third complainant testified that the former Director

made unsolicited verbal comments of a sexual nature to her
on more than one occasion. Because we were unable to

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corroborate her testimony, we did not substantiate the

allegation of sexual harassment. However, we did conclude
that the Director's treatment of the third complainant
continued to demonstrate a pattern of inappropriate and
abusi ve behavior by a senior manager. The complainant is
still an employee of the medical center.

On September 12, 1996, we provided our draft report to the

Director, VISN 6 for his review and comment. We also
provided the VISN Director with a copy of all of the witness
statements and documentary evidence we compiled in order to
provide him with the factual basis for our findings. Our
draft report recommended, given our findings of misconduct
by the former Director, that appropriate administrative
action be taken.

In accordance with standard practice in the Inspector

General community, our report did not recommend that a
specific penalty be imposed on the former Director. The
decision whether to take administrative action, and the
specific action that is appropriate, is vested in the
management officials who supervise the employee in question.
Because the OIG is independent of Department management,
Offices of Inspector General do not recommend a specific
penalty or disciplinary action. The OIG's function of
objective oversight of Department management makes it
especially important that the line between management and
oversight be respected.

In addition, it is well established that, before a Federal

employee can be disciplined for misconduct, the management
official making such a decision must consider the 12 factors
known as the "Douglas factors." The Merit Systems
Protection Board has held that various factors must be
considered before disciplinary action can properly be
imposed. These factors include such things as the
employee's length of service, past disciplinary record, the
severity of the misconduct, whether the misconduct was
intentional or inadvertent, the grade level of the employee,
the range of penalties previously imposed for similar
behavior and other potential mitigating or aggravating
factors.

The facts to be considered in addressing the relevant

Douglas factors for each individual employee are outside the

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 215

scope of the OIG review. The OIG function is to determine

the facts with respect to the alleged mil!lconduct and to
conclude whether misconduct either did or did not occur.
Consideration of the Douglas factors is a part of the
analysis that the Department's deciding management officiall!l
are required to undertake when presented with proof of
misconduct. The recommendation of a specific penalty for
misconduct needs to result from this two part process.

By the time we issued our draft report on September 12,

1996, substantiating an allegation of sexual harassment as
well as other misconduct, the VISN 6 Director had already
detailed the former Director for 120 days to VAHC Durham
because of the management problems he had created at VAHC
Fayetteville .

On September 26, 1996, the Director, VAHC Augusta issued his

report to the VISN 6 Director on the allegations of
mismanagement and other misconduct by the former Director of
VAHC Fayetteville. The report concluded that over 62
percent of the 76 individuals interviewed at VAHC
Fayetteville expressed "a lack of respect , trust or
confidence" in the former Director. The VHA management
report also stated that employees "do not feel comfortable
in his presence" and "felt his management style has
adversely impacted morale and divided staff."

On October 18, 1996, we received the VISN 6 Director's

response to our draft report and he concurred with our
findings and recommendations. By letter dated October 25,
1996, disciplinary action was proposed by the VISN 6
Director against the former Director. The proposed action
was based solely on the OIG's investigation and our findings
of sexual harassment and disrespectful, abusive conduct by
the former Director. No charges were based on the findings
contained in the VHA review, which we believe evidenced
further misconduct by the former Director.

We issued our final report on November 8, 1996, to the VISN

Director with copies provided to VHA top management, the
Office of the Secretary, and the Chairmen of the Senate and
House Veterans' Affairs Committees. A copy of the final
report along with the OIG file (witness statements and
related documents) was also provided to the VACO Office of
Human Resources for their review and preparation of an
 216

evidence file that would support the seven charges of

misconduct proposed by the VISN Director against the former
Director.

On December 6, 1996, the VISN 6 Director rescinded the

proposed adverse action referring to the lack of an evidence
file which should have been included with the letter
proposing the disciplinary action. The former Director was
informed that a new letter o f proposed adverse acti on and
charges is being prepared and will be issued in the near
future with an evidence file prepared by the Department.

We were informed on February 3, 1997 that effective January

19,1997, the former Director, an SES employee, was
downgraded and transferred to a GS-14 non-supervisory
position at VAMC Bay Pines, Florida. We later learned that
the former Director was allowed to permanently retain his
SES pay and would be transferred at Government expense to
Florida. The OIG was not involved in the decision relating
to the penalty imposed on the former Director.

Other OIG Review. of Alleg.tion. of Sexu.l Bar. . . . .nt

Of the 4 remaining cases of sexual harassment opened by the
OIG against senior managers since October 1992, one case was
investigated by the OIG and the allegations of sexual
harassment were unfounded. Two cases are still under active
review by the OIG. The fifth and final case was opened by
the OIG as an oversight case and the allegation of sexual
harassment was substantiated by a VHA review.

The individual in this case is one of the 12 senior managers

whose names were recently provided to the Committee by the
Department as employees who retired, were demoted, or were
dismissed as a result of sexual harassment. In this
instance, our preliminary work indicated that the allegation
of sexual harassment was under review by a VHA
Administrative Review Board. We reviewed the results of the
Board's investigation and found that VHA had done a thorough
job of investigating the case and, as a result of the
investigation, the individual retired. There was no need
for further OIG involvement and we closed our oversight
case.

9
 217

Thank you Mr. Chairman for the opportunity to comment on the

work of the OrG in this important area.

10
 218

TESTIMONY OF DOROTHY NELMS, PRESIDENT

FEDERALLY EMPLOYED WOMEN, INC.

APRIL 17, 1997

HOUSE VETERANS AFFAIRS COMMITTEE,

SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS

Chairman Everett, distinguished members of the Subcommittee. thank you for the opportunity to appear before you
loday. I am Dorothy E. Nelms, Presidenl of Federally Employed Women (FEW). FEW is a non-profit non-partisan
membership organization representing over one million women employed by or retired from the Fede ral Government
throughout the world. Founded in 1968, FEW actively works to eliminate sex discriminatio n and enhance the career
potential of civilian and military women working in the Federal sector. FEW is finnl y commined to the princ iple that
every employee has the right to work in an environment that allows ind ividuals to perform at their best and that is
free from discrimination and harassment.

In lighl oflhe hislory of severe harassment at the VA . past scrutiny by this Subeommittee. and the VA's o fficial zero
tolerance policy against sexual harassment, it is appalling that we must be here today to address what appears to be an
undiminished environment of tolerance for sexual harassment and tacit endorsement fo r manage rs who have
perpetrated it.

Recognizing that sexual harassment is a major barrier to women's career advancement. FEW conducts widely-
recognized national, regional, and local trainings for workers and management on sexual harassment. EEO
compliance. and diversity in the workforce, among other topics.

In 1977, FEW established the independent FEW Legal and Education Fund. Inc (LEF). and in 1996, FEW
established the FEW Legal Awareness Program. The Legal Awareness Program provides o ur member.; with a short
legal advisory session to evaluate their individual situations, detennine if legal representation is needed in order to
remedy it, and, if so, to help them contact qualified attorneys. The LEF provides legal and joh-relaled counselling, a
nationwide lawyer referral service, and, for certain cases, legal defense funds .

In 1993, the LEF gave its Mary D. Pinkard Leader in Federal Equity Award to the founding members of Women
Against Sexual Harassment (WASH), a group helping Veterans Affair.; (VA) employees to fighl discrimination and
abuse. Several of those women testified before this Subeommittee in 1992. Despite their valiant support and
advocacy work, the VA continues to undemtine its own official zero tolerance policy by failing to take appropriate
action to discipline harassers.

Today, I will provide an overview of the effects of sexual harassment in the Federal workplace. the effects of sexual
harassment on the women the V A serves, an overview of some of the barriers to adequately ad dressing sexual
harassment, and some concrete suggestions for measures to improve the Department's policy against sexual
harassment and its implementation.

In addition, I want to otTer any assistance that FEW can provide to the brave women who have testified here today, to
the Subcommittee in its ongoing oversight efforts. and to the Department of Veterans Affairs as it wo rks to prevent
and eliminate sexual harassment.

THE EFFECTS OF SEXUAL HARASSMENT IN THE FEDERAL WORKPLACE

Overview

In 1994,44 percent of women and 19 percent afmen working in the Federal Government who responded to a survey
by the Merit Systems Protection Board (MSPB) reported that they had experienced some form of unwanled sexual

Dorothy Nelms. Federally Employed Women. Jm:, 41' 7/97

 219

attention during the preceding two years. Among women in the VA, the percentage was roughly the ~ame as the
1994 government-wide average. at 41 percent. However. the incidence among men was 27 percent. eight percentage
points higher than the government average of 19 percent (15. MSPB. 1995).

The incidence of sexual harassment has not decreased significantly since the MSPB's 1987 study. despite widespread
employee awareness programs on what constitutes sexual harassment and official efforts by Federal agencies to
institute anti-harassment programs (viii. MSPB. 1995).

Sexual harassment affects both the direct targets of harassment and their coworkers. It creates a chilling climate of
intimidation. fear. and mistrust. Women and men who know that an employee has harassed others will often go to
extraordinary lengths to avoid working with the harasse'r. transferring out of a department. turning down new
projects, or missing other important opportunities to participate in workplace teams.

When workers face retaliation for filing complaints. it exacerbates the hostility of the workplace environment and
tacitly supports sexual harassment and the attitudes that perpetuate it. Workers who support colleagues who file
complaints are often subject to retaliation as well. In 1992. for example. Mary Cavanaugh testified before this
Subcommittee that she was transferred to a lesser position in retaliation for supporting Donna Grabarczyk. who had
filed a sexual harassment complaint.

The cost of sexual harassment to the Federal Government continues to be significant. The MSPB estimates that
between April 1992 and April 1994. sexual harassment cost an estimated $327 million in sick leave. job turnover. and
productivity losses (ix, MSPB. 1995).

Dispelling SOIo.1 U...ssment Myths

All too often. individuals and organizations attempt to deny or diminish the egregious incidence and impact of sexual
harassment by claiming that the majority of occurrences are "trivia'" or "minor." However. although sexual remarks.
jokes, and teasing do occur far more frequently than incidents of sexual touching and assault. they are not. as some
might suggest, less traumatic or detrimental in their effects on victims and their coworkers. Like low intensity
warfare. this type of harassment can be most damaging to victims over the long run. because it tends to happen
repeatedly over a period of one to six months (16. MSPB, 1995).

In the "grey areas," the burden of proof on victims is more difficult to bear. Victims often doubt themselves and fear
that coworkers or supervisors will not support them and that they will not be able to establish adequate proof of
harassment until they have endured long weeks or months of abuse and intimidation.

According to the MSPB. "data suggest that the percentages of employees who reported experiencing sexual
harassment are not due primarily to the inclusion of isolated incidents of bad management or poor judgement in ...
calculations of the extent of sexual harassment" (21. MSPB. 1995). Even when the MSPB excluded incidents of
sexual harassment defined as "less serious" -- looks/gestures, pressure for dates. letters. cans. and jokes and remarks -
-from its calculations of incidence rates, it still found that 38 percent of women and 15 percent of men reported
experiencing sexual harassment.

It is also common to dismiss many sexual harassment complaints as retaliatory gestures by disgruntled Federal
employees. However. according to the American Psychological Association (APA). research shows that less than
one percent of sexual harassment complaints are false. In fact. victims of sexual harassment rarely file complaints
even when they are justified in doing so because of the continuing stigma. time. and threat of reprisal involved (APA
fact sheet).

Federal workers, in particular, do not seem to make anegations of sexual harassment lightly. Government-wide, 17
percent of victims chose not to take formal action because they did not want to hurt the perpetrator of the harassment.
and 29 percent thought it would make their work situations unpleasant (35. MSPB. 1995). Only 6 percent of victims
reported taking formal action (33, MSPB, I99S).

Dorothy Nelms. Federally Employed Women, Inc .. 4/17/97

 220

THE EFFECT OF SEXUAL HARASSMENT ON WOMEN YETERANS

Lack of appropriate treatment of sexual harassment and abuse at the VA not only undermines the confidence. health.
safely, and productivily of the women and men who work at the VA. but it also undoubtedly undermines the
confidence of the women the VA serves.

Over the years. the VA has been charged with providing inadequate service to women veterans and. in response. the
VA has made a public effort to improve the quality and scope of services it provides. Secretary Brown recently sent
a letter to more than 400.000 women veterans explaining the services offered by the VA and assuring them that the
VA has the "resources and the commitment to provide the counseling and care needed hy those !mffering the effects
of sexual assault. battery. or harassment while in military service" (SI. Petersburg (FL) Times. 2/5/97).

Unfortunately, this latest sexual harassment debacle sends a stark contradictory message to all women who deal with
the VA: "You are not safe here. We will not take your concerns seriously." Women patients. who are in the
vulnerable position of needing to discuss the intimacies of their health with V A doctors. the majority of whom are
men. may exacerbate their conditions by delaying or avoiding seeking care because they fear harassment or abuse
from V A staff.

The hostile environment at the VA and the Department's apparent unwillingness to deal with it are of even graver
concern to the huge numbers of women veterans have endured sexual harassment or domestic abuse while serving in
the military and who are now seeking care for the ongoing physical and psychological effects of the abuse. A 1993
study of women using the Minneapolis V A Medical Center concludes that women serving in the armed services may
be at higher risk of sexual assault than other government employees and. thus. are even more likely to need sensitive.
comprehensive services to address their concerns. 90 percent of women under age 50 and 37 percent of women over
age 50 reported having been sexually harassed while serving in the military. and 25 percent reported that a partner
had physically abused them within the last year (Family Violence Prevention Fund).

How can an agency that has a history of tolerating or even. it seems. rewarding. sexual harassment within its own
ranks reasonably instill confidence that it is ready. Willing. and able to help heal the effects of sexual harassment and
assault among the veterans it serves?

BABBlERS TO ADEOUATELY ELIMINATING AND ADDRESSING SEXUAL HARASSMENT

FEW feels strongly that the best indicators of a successful sexual harassment policy are a low incidence of sexual
harassment and employees' confidence that their agencies will deal with it effectively if it does occur.

Unfortunately, there seems to be a government-wide disparity between employee and employer perceptions
both of agencies' willingness to confront seJ:ual harassment and of their effectivenes~ in doing so.

Although 100 percent ofagencies reported taking swift action to investigate complaints. only 32 percent of
employees shared this perception (34, MSPB. 1988).

Although 82 percent of agencies reported enforcing penalties against harassers. only 27 percent of workers
thought harassers were punished (34. MSPB. 1988).

Although 59 percent of agencies reported enforcing penalties against managers who perpetrated or tolerated
harassment, only 18 percent of employees (34. MSPB. 1988).

Although 85 percent of agencies reported that their disciplinary actions against managers were effective.
only 65 percent of employees shared that perception (37. MSPB. 1988).

The most recent incidents at the V A underscore how important it is to narrow the gap between agencies' official
stance and the daily reality that employees confront in their work environments.

Dorothy Nelms. Federally Employed Women. Inc .. 4111191

 221

If employees Ire not ~onndent that their .gen~ln .re ~ommltted to or efTectlve .t ~onrrontlng, punllhlna, Ind
elimin.ling.na.1 h.....m.nl, Ih.y will be r.lad.nllo com. forward wilh complainl. and vidim. will
endur., .. Ib.r Ihon report bo ....m.nl. H......n will feel emboldened 10 initiale or continu. Ih.ir behavior
becauselh.y know Ih.y eon "g.law.y wilh il."

Govemmentwide. a significant percentage of victims who decided not to "take formal action did not do so because
they lacked confidence in their agencies' willingness to support them or to follow-up appropriately on their
complaints:

20 percent thought nothing would be done;

17 percent feared reprisal;

8 percent feared they would not be believed and 9 percent feared they would be blamed for the incidents (35.
MSPB,1995).

Based on the distressing testimony we have just heard and the publicity surrounding these incidents. it is clear that
workers at the VA must suffer high levels of mistrust and fear. No matter how effective agencies think their policies
are, if employees do not perceive them to work. the policies will not have the deterrent or remedial effects they are
intended to have.

Agencies use low numben of formal complaints to justify their confidence in and reliance on their official
polici... .

The VA. for example. points to its written condemnation of sexual harassment and its mandatory trainings as
evidence of its zero tolerance program. However, all employee letters and four-hour trainings are not enough. By
failing to take complaints of sexual harassment seriously or to adequately discipline perpetrators. the VA has further
undermined employee confidence and allowed both sexual harassment and the attitudes that support it to flourish.

Government-wide. the MSPB found that

managers were reluctant to confront harassers:

supervisors and managers took inappropriate or inadequate actions against harassers: and

managers failed to investigate complaints or made errors in pursuing investigations of alleged harassment
(37, MSPB, 1995).

The .pecific probl.m. Ihll exi.1 allh. V A go beyond Iho.e Ii.led above. FEW question. Ih. exlenllo which
Ih. crilicism.levied in a 1993 GAO r.view ohnu.1 hara menl.llhe V A hlv. been adequalely addred.
The review found that

certain medical center directors and supervisors "actively sought to discourage complaints from being filed"
(3, GAO. 1993);

one-third of complaints at Ihe VA were rejected on procedural grounds. suggesting both that complainants
may not have been given sufficient infonnation to file complaints in a timely basis and that EEO counselors
and investigators needed further training (3. GAO. 1993);

consistent evaluation of training for handling sexual harassment "was difficult to ensure" given that the VA's
EEO system is decentralized to 171 medical centers (3. GAO. 1993);

complaints were not investigated promptly -- an average of over 5 months elapsed before cases were

Dorothy Nelms. Federally Employed Women. Inc . 4/17/97

40-881 97 - 8
 222

investigated (4, GAO, 1993); one!

50 percent of victims felt that they .uffem! reprisal or threats of reprisal in response to their complainls.

Despite specific identificalion of barriers 10 deal wilh sexual harassmenl effectively. evolu81ion of Ihe V A's lrealmenl
ofsexual harassmenl. and the VA's official efforts 10 implemenl a zero lolerance policy. il is clear Ihal mosl of Ihese
obslacles persist.

RECOMMENDATIONS FOR IMPROVING TUE VA'S TREATMENT OF SEXUAL UARASSMENT

Following are FEW's recommendations for improving the VA's treatment of sexual harassment.

WId.ly publicize the range of pen.ltl...ad dlsciplln.ry octlon. for ...801 h.....m.nt.

The VA's manual ~ "The Prevention of Sexual Harassment in the Department ofVelerans Affairs." which
describes Ihe Departmenl's zero lolerance policy. slops short of describing Ihe range of possible disciplinary
aclions againsl sexual harassment. However. according 10 Ihe MSPB.

Employees should be made aware of how lhe agency inlends 10 discipline proven harassers.
Viclims should always be infonned aboul whal happened 10 lheir harassers. and penallies
should be public enough to serve a~ exnmple!\ to potential harassers thallTlanng.erncnt's
prohibilion of sexual harassmenl is more Ihan lip service (xi. MSPB. 1995).

72 percenl of employees surveyed felt Ihal publicizing Ihe range of penalties Ihal can be imposed on
perpelralors would be among Ihe mosl effective aClion an agency could take 10 address and deler sexual
harassment (41. MSPB. 1995).

Co.duct. periodic review of both (ormal and Inform.1 compl.lab .nd their outcome. and publicize
,e.e.. 1descriptloll' oftl........

Str"Rlh.n .mrmotlv ctloll .ITort. to cr.. t nd RI.lntoln a dlv..... workforc. of talented, dedic.ted
Indlvld. .is.

In t992, 56 percent ofthe VA's slaffwere women. yel only 7 oflhe 171 VA hospilals had women ..,
directors. The vast majority ofthe EEO slafT were men. The V A should learn from olher agencies'
experiences: 8 GAO review of the Drug Enforcement Administration's handling of sexual harassment and
discrimination found that women workers expressed little confidence in the internal investigative process
because the vast majority of investigators were men. many of whom had shown lack of sensitivity in the past
(GAO, 1994).

Seeking oul qualified women for supervisory and leadership roles would go long way loward alleviating
Ihe mislrust Ihal employees feelloward managemenl and increasing confidence Ihal coworkers and
supervisors alike would be sensitive in dealing wilh complainls.

InlUot. m.morandam. of and.ntondln& with oth.r Fed...1 o,.acles that would olio", V A .mploy...
to seek coua." from a limited num""r of EEO .taIT o.tsld. or the VA.

This will bolh diversify lhe group of available EEO officers from which employ ..s can choose and help 10
avoid real or perceived connicts of interest.

Empower full-tlm. EEO Invaticoton w~o can roc........lvely OBd Ind.pe.deoUy on EEO
comp.. ints.

Dorothy Nelms. Federally Employed Women. Inc .. 4/17197

 223

The current system with part-time EEO counselors may not allow EEO starr enough time tn adequately
investigate complaints. counsel complainants. or resolve cases in a timely manner. It also may fail to provide
sumcient freedom from potential reprisal when making inquiries (22.IU. 1993 and testimony llfUllnna
Grabarczyk, 1992).

Improve .y.tematic ovenight of entire complaint proc.

A periodic summary report of the nature. extent. and form of resolution of ronnal and informal complaints at
each facility would help keep the Secretary informed of EEO activity. To quote the 1993 Inspector General's
report, "continuing deficiencies in the same VA program areas may result from merely issuing new policies
without the aHendant requisite to ensure that they are effective" (27.IG. 1993).

Take action against perpetrators of sexual harassment based on the seriousness of the offense rather
thon on tbe rank of tbe offender.

FEW supports the MSBP's recommendation that

managers and supervisors should not give undue weight to the harasser's performance and
value to the agency .... [T)he value of a harasser's contributions to the organization is likely
to be diminished by behavior that hurts morale. demonstrates a lack of ethics. or exhibits a
double standard. Further. the example that management sets in following through with
appropriate penalties can be more effective as a preventative measure than the policies it
promulgates (p.xi. MSPB, 1995).

Similarly. lack of action to discipline managers adequately undermines stated official policy and sends an
unwritten message that zero tolerance is a sham.

Work barder to prevent reprisal and tak. strong action against those who do r.taliat. against
complainants.

The MSPB's 1994 survey shows that. for almost half of those employees who filed a grievance or adverse
action appeal. taking action made their situations worse. The Secretary's own letter. dated May 6. 1993
continns that "a considerable number of the discrimination complaints" filed at the VA are reprisal cases.

If the VA is going to maintain its largely internal complaint and investigation process. it must find a way to
guarantee workers that they can come forward without being victimized a second time.

67 percent of employees felt that protecting victims from reprisal is critical to effectively dealing with sexual
harassment (41, MSPB, 1995).

Specific steps to take should include:

expanding treatment of reprisal in VA training materials on sexual harassment:

including in the pending survey of workers' experiences with sexual harassment additional questions
regarding both retaliation and employees' perceptions of management and supervisory response to
allegations of sexual harassment:

Clearly, it is established that sexual harassment is a problem at the VA; thus. doing additional
surveys on the type and extent of harassment need not be the primary focus of the survey. Instead.
the VA should concentrate on dealing with the consequences of sexual harassment.

referring all complaints against top management to the region-level to avoid contlict of interest: and

Dorothy Nelms. Federally Employed Women. Inc .. 4/17197

 224

including the results of EEO reviews Bnd the prc!>cnce or "b~ence or reprisals against workers who
file complaints of sexual harassment in performance ratings for managers and supervisors (24. IG.
1993).

Coillborat. with other Ig.ncl.. Ind the private-'Ktor to Improv. anti-.nul h.r .... m.nllr.ining and
10 upand Ihe b of EEO .ompUan Ir.ln.rs and .....rI .

FEW has a cadre of qualified trainers who have excellent experience dealing with sexual harassment.

Improve evalultion of the efJediveness of the antl:.elull harassment trAining the Department
provides for .mploy..., manog.n, and EEO conn lon and inv .. llg.lon (d, MSPB. 1995) by
establishing melsunble standards for succeufullnining outcomes.

FinallYt FEW would strongly support I measure like the 1993 proposed VA Emplo~'ment Di~crimin.Uon Act.
H.R. 1032 would have created a central Office of Employment Discrimination Complaints Resolution within the VA .
empowered full-time investigators who would have reported to the Office of Complaints Resolution instead of to
local managers. and appointed administrative law judges who would have been the final arbiters of employee
complaints. eliminating potential conflicts of interest between management and alleged perpetrators.

Dorothy Nelms., federally Employed Women. Inc .. 4/ 17/97

 225

SourcelJ Cited

American Psychological Association. "Sexual Harassment: Myths and Realities."

http://www.apa.orgIpubinfolharass.html.

Ballingrud, David. "VA to be harassment-free, official told." St. Petersburg (FL) Times. 2/5197 .

Department of Veterans Affairs. Remarks for the Secretary on Sexual Harassment and his Zero Tcilerance Policy
with attachments, Senate Veterans' Affairs Committee Budget Hearing. 2/26/97.

Family Violence Prevention Fund. "Women Veterans' Experiences With Domestic Violence and With Sexual
Assault While in the Military: A New Study. " Fact Sheet.
http://www.igc.ap<:.orglfundlthe_factslveteran .html .

General Accounting Office. Federal Employment: Sexual Harassment at the Department of Veterans' AfTairs.
Testimony of Nancy Kingsbury, Director. Federal Human Resource management Issues. before the House
Committee on Veterans' Affairs. 3130193 . GA OITGGD931 2.

General Accounting Office. Sex Discrimination: Agencies' Handling of Sexuall-larassment and Related Complaints.
Testimony of Richard Stiener. Director. Office of Special Investigations. before the HOllse Committee on
Post Office and Civil Service, Subcommittee on Oversight and Investigations. 3/8/94 . GAOITOSI-94-22.

Grabarczyk. Donna and Mary O'Connor. Testimony before the House Veterans' Affairs Subcommittee on Oversight
and Investigations hearing on sexual harassment in the VA. 9117/92. FEW tilecopy.

Merit Systems Protection Board. Sexual Harassment in the Federal Workplace: Trends. Progress. Continuing
Challenges. October 1995.

Merit Systems Protection Board. Sexual Harassment in the Federal Government: An Update. June 1988.

Office of Inspector General. Department of Veterans A ffairs . Review of the Department of Veterans' A ffairs Equal
Employment Oppot1unity Program (with Emphasis on Sexual Harassment Complaints). J/ J 1193 .
3AB-UOI -092.

Dorothy Nelms., Federally Employed Women. Inc., 4/17197

 226

Dorothy E. Nelms
Dorothy E. Nelms. National President of Federally Employed Women. Inc. (FEW). a former federal employee. took
early retirement after 28 years of service to complete law school. A graduate of George Washington University National
Law Center. Washington, DC, Ms. Nelms specializes in civil rights. criminal. and domestic law. This experience has
greatly enhanced her training programs. Most recently, as an attorney. she has conducted agency-wide training on sexual
harassment with Mitsubishi, the U.S. Geological Survey, and the U.S. Indian Health Bureau.

Ms. Nelms has been a professional public speaker and trainer for many years. As an internationally renowned speaker.
she has spoken and conducted trainings in all 50 states: Gennany. Japan. Belgium. and Canada. Although most of her
work has been with the public sector, she also has worked extensively with the private sector.

Highlight. of ProfH.ional Experience

National President, Federally Employed Women, Inc. (FEW). 1996 to present: Leading a national organization of
over 200 chapters in the U.S . Germany. Japan, and Korea engaged in legislative and policy issues to help end sex
discrimination in the federal government.

President, Nelms and Associates, Washington. DC. 1981 to present: Attorney-at-Law and Consultant to Management
on human resources, equal employment opportunity. and affirmative employment planning.

Director. Organizational Development and Training. Hubbard and Revo-Cohen. Inc .. a human resources consulting
firm, Reston, V A: Consulted on issues such as team-building, conflict management. executive and staff
development, managing cultural diversity, and equal employment opportunity laws.

Director of Executive Resources. U.S. Department of Housing and Urban Development. 1975 -1978: Managed a staff
responsible for personnel functions of all executives. consultants. and political appointees in the Department.

Director of Training. U.S. Department of Housing and Urban Development. 1971 - 1975 : Directed a staff responsible
for the training of 17.000 employees of the Department and managing two national training centers.

International Auignmeats

Germany: Frankrurt. Heidelberg. Wiesbaden. Wurm s. Augsburg. Kaiserslautern. Graerenwoehr. and Munich in
1990, 1991 , and 1992.
Japan: Tokyo in 1990 and 1991.
Canada: Toronto in 1992.

OrglnlZlltiona' Affiliation.

American, National. and D.C. Bar Associations

American Society for Training and Development
National Capital Speakers Association
Federally Employed Women
Business and Professional Women

Special Awards and Recognition

Distinguished Service Award. U.S. Department of Housing and Urban Development

Distinguished Service Award. FEW

Education

J.D., George Washington University National Law Center, Washington. DC.

M.B.A . George Washington University. Washington. DC.

B.S . Howard University, Washington. DC.

 227

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 1726 M Street, N.W., Suite 1101

NOW
Washington, D.C. 20036
Phone (202) 296-0888
=;;;;::;;;;::;;;;::;;;;::;;;;::;;;;::;;;;::;;;;::;;;;::;;;;::;;;;::;;;;::;;;;::;;;;::;;;;::;;;;::;;;;::;;;;::;;;;:::. Fax (202) 833-1577

Statement of

the Nurses Organization of Veterans Affairs

(NOVA)

Maura Farrell Miller, Ph.D., ARNP, CS

President

Before the
United States House of Representatives
Committee on Veterans Affairs
Subcommittee on Oversight and Investigations

on

The Effectiveness of the DVA's Sexual Harassment Awareness Programs

and
Enforcement of the DVA's Zero Tolerance Policy

April 17, 1997

 228

Mr. Chairman and Members of the Subcommittee, I am Dr. Maura Farrell Miller, a
Gerontological Nurse Practitioner at the West Palm Beach Veterans Affairs Medical Center in
Palm Beach Gardens, Florida. As President of the Nurses Organization of Veterans Affairs
(NOV A), I am pleased to present the testimony on behalf of NOV A. I speak for our
membership and for the more than 40,000 professional nurses employed by the Department of
Veterans Affairs (OVA). I also speak as a woman, representing thousands of other
professional women, employed in a male, physician-dominated, paternalistic, Federal agency.

Sexual Harassment of Subordinates

NOV A is a professional organization whose mission is: Shaping and influencing
professional nursing practice within the DVA healthcare system. To date, NOVA has not
received any official reports of cases of alleged sexual harassment of subordinates by senior
managers within OVA. This includes the specific case of the demotion and transfer to the
Bay Pines, Florida OVA Medical Center of the former medical director of the Fayetteville,
North Carolina V A Medical Center for alleged sexual harassment. NOV A is a professional
organization, not a labor union or collective bargaining group; we do not handle day-to-day
issues at the local level. In the event that a registered nurse reported an incident of alleged
sexual harassment to NOVA, NOV A would refer that nurse back to his/her medical center to
report the incident to hisfher immediate supervisor and to the Office of Equal Opportunity
(EEO) in accordance with VHA Policy for Prevention of Sexual Harassment (10-25-055).
NOVA applauds Secretary Jesse Brown for his "Zero Tolerance" policy on sexual
harassment in the V A workplace. NOVA supports the OVA policy that prevention and
reporting of sexual harassment is every employee's responsibility. My preparation for this
testimony included inquiries with Dr. Nancy Valentine, Chief Consultant, Nursing Strategic
Healthcare Group, OVA Headquarters. Dr. Valentine has informed me that to date, there
have been no reported incidents of sexual harassment regarding OVA professional nurses.

Enforcement of DVA 's Zero Tolerance Policy

Experts acknowledge that "only a fraction of those who are sexually abused ever report
it" (Lippman, 1993). However, the total absence of reported incidents of sexual harassment
of V A professional nurses is contrary to data that has been cited in the literature. No one
 229

really knows just how pervasive a problem sexual harassment is for nurses. Dianna Johnston,
RN, JD, Assistant Legal Counsel for the Equal Employment Opportunity Commission
(EEOC) has stated: "Sexual harassment has little to do with sex and a lot to do with power."
One reason why nurses are volnerable for harassments by doctors or administrators, who are
higher up in the hospital hierarchy. In one recent study, more than half the nurses surveyed
said they had been "sexually abused" [suggestively touched, sexually insulted or
propositioned] at least once. Three of 10 nurses reported they are subject to sexual
harassment at least once every two or three months (Diaz & McMillan, 1991). A recent RN
Magazine survey of readers confirmed that common forms of abuse, including verbal, sexual
harassment, and threats of being fired, were still commonplace in the healthcare workplace
(Begany, 1995). The typical respondent in this survey was a 39 year old female registered
nurse with 13 years in nursing, not unlike the profile of the career VA professional nurse.
Preventing and reporting sexual harassment is every DV A professional nurses'
responsibility. The total absence of reported incidents of sexual harassment involving DVA
professional nurses could be a symptom of other problems and may be reflective of what is
going on in the agency as a result of healthcare reorganization. For its very survival, the
downsizing and subsequent healthcare reorganization has forced men and women to compete
for a shrinking pool of healthcare resources and positions of power and authority at an
intensity never before seen in the DV A. As a female, professional nurse working in a
historically male, physician-dominated, paternalistic healthcare system, NOVA suggests that
incidents such as this be used as catalysts for change. Further dialogue is needed on this and
other perceived problems, to make the DVA a healthier workplace and the "employer of
choice" for registered professional nurses. As the DV A healthcare system evolves, NOV A
encourages the DVA to: use opportunities such as these to bring attention to women's issues
in the workplace; use more women in solving problems within the agency; and open up
executive healthcare management positions to all genders and disciplines.
I would like to thank NOVA's Legislative Co-Chairpersons, Dr. Sarah V. Myers,
Ph.D., MSN, RNC, and Barbara Zicafoose, RN, MSN, ANP, for their assistance in the
preparation of this testimony. Thank you for the opportunity of presenting this written
testimony on behalf of the Nurses Organization of Veterans Affairs (NOVA).
 230

References:
I. Veterans Health Administration (VHA) Policy for Prevention of Sexual Harassment.
VHA Directive 10-95-055.

2. Lippman, H. (1993). Sexual harassment: an updated picture. Eli. 56,2,61.

3. Johnston, D., as cited in Lippman, H. (1993). Sexual harassment: an updated picture.

Eli. 56, 2, 61.

4. Diaz, A. L. and McMillan, J. D. (in press). Medical alert: Sexual harassment in the
health care industry. International Journal o(public Administration.
 231

GE
American Federation of
Government Employees, AFL-CIO
80 F Street, N.W.
Washington, D.C. 20001
(202) 737-8700

STATEMENT BY

KITTY PEDDICORD

WOMEN'S DIRECTOR
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO

BEFORE

TH~ SUBCOMM~~ ON OVl!RSIGHT AND INVESTIGATIONS

HOUSE COMMITTEE ON VETERANS' AFFAIRS

ON

SEXUAL HARASSMENT IN THE DEPARTMENT OF VETERANS AFFAIRS

APRIL 17, 1997

 232

Mr. Chairman and Members of the Subcommittee:

My name is KItty Peddicord. I am the Women's Director of the American

Federation of Govemment Employees, AFL-CIO. AFGE represents over 700,000

federal employees in some 42 federal agenCies, and approximately 100,000

employees of the Department of Veterans Affairs.

AFGE has a long history of leadership in the fight against workplace sexual

harassment. As early as 1978, AFGE established the elected office of Women's

Director, and ever since then, we have been In the forefront of the battle against

sexual harassment. Our activities include the sponsorship of the amendment to the

Civil Rights Act of 1991 that brought compensatory damages for the first time to

victims of sexual harassment In the federal government; numerous national training

conferences on this Issue; AFGE workbooks, pamphlets, posters and even a video on

sexual harassment in the federal government; and constant litigation and

representation of sexual harassment victims In arbitrations, EEO complaints, court cMI

actions, and elsewhere.

As you know, sexual harassment is an unfortunate reality In the nation's

workplaces, whether it be in the private sector or the public sector. Comprehensive

studies by the U.S. Merit Systems Protection Board have revealed that approximately

42% of all women (and 14% of all men) in the federal government, have experienced

sexual harassment. Additional studies In the private sector show numbers consistent

with the federal sector experience. Unions and women's groups, naturally, find these

results Intolerable. Employers too are beginning to take this problem seriously, not

only because of the Increased damages now available to victims of sexual

harassment, but also because sexual harassment costs employers, daily, millions of

dollars in lost productivity, job turnover, and sick leave.

Under the present Administration, the VA has announced a 'zero tolerance'

policy against sexual harassment. Secretary Jesse Brown has repeatedly acted to
 233

turn around any previously-accepted view that allegations of sexual harassment will

merely meet the "good old boy" system of cover-up, denial, and frustration. For

instance, the VA now requires agency-wide training in sexual harassment, and AFGE

applauds Secretary Brown for his decision to train all employees, not just managers, in

sexual harassment. This is something that is not routine in the federal government or

the private sector. For instance, the employees of Mitsubishi are only now receMng

such training, and while employees of the Department of the Navy have had such

training, most other employers do not now provide such training to all their employees.

The VA has also established a toll-free phone number for allegations of sexual

harassment, and it is our experience that employees in the VA are now aware that

such gestures reflect a sincere effort to address the problem from the Secretary's

Office.

Nonetheless, incidents of sexual harassment continue. It may even be true th8t

the nature of the VA's service itself contributes to a culture that permits some forms of

sexual harassment. I am referring here to the fact that the VA facilities operate

Independently, under the control of separate directors, and that the workplace provides

a ready mixture of a male supervisory force, women nurses, and round-the-clock

staffing. However, anecdotal evidence from AFGE Local officials confirms the general

observation that the VA Is moving away from a culture that overlooks allegations of

sexual harassment and toward a culture that responds quickly to such allegations.

Therefore, AFGE is particularly concerned about the several incidents identified

today, and known to AFGE, In which high level managers benefit from some sort of

favored treatment in the agency's response to sexual harassment allegations. We

know for a fact that the typical worker at the VA would be unable to hold onto his or

her job under such circumstances, and obviously, we can see no reason why VA

Directors or managers should be granted exemptions from the new get-tough policy at

the VA. For this reason, we have remained vigilant on the issue of sexual harassment

and other forms of unlawful discrimination at the VA, even under the present, more

concerned, VA administration.
 234

Two other observations from today's witnesses should be noted. Arst, It Is

often the fact that the most abusive cases of on-going, festering, unresolved sexual

harassment occur by managers against other managers. Why? Simply because

union members have access to an expeditious and Inexpensive remedial process for .

such violations of federal law; namely the grievance/arbitration process. Under the

AFGE contract with the VA, union representatives can address and remedy sexual

harassment before an independent arbitrator within just a few months, and there is

nothing a recalcitrant VA Director can do to thwart the process. This compares

sharply with the agency EEO process (known as Part 1614), where managers must go

If they want a hearing on allegations of sexual harassment. As you know, in the

agency EEO complaint process, the VA is in charge of investigating Itself, and can

easily extend numerous deadlines. drag out the case for years prior to a hearing, and

even reject findings of discrimination for no good reason whatsoever (thereby assuring

years more of delay), while ali along continuing harassment and reprisal against the

complainant. When such abuses occur, as they often do, to a union member, the

AFGE representative can take the next incident of discrimination or reprisal to an

independent arbitrator quickly, thereby putting an immediate end to the practice and

controlling the overall cost to the agency and to the employee as well. The value of

union representation in this adversarial process is equal to its value in today's

partnership process, and clearly demonstrates why the long-term outrageous cases

often involve non-bargaining unit employees.

The second observation from today's witnesses is our firm belief that the series

of sexual harassment practices attributed to senior-level management is merely

reflective of other serious failings in management capabilities, the managers' total

anrogance of power that affects many other employment related deCisions, and the

VA's total lack of checks and balances on the various facility Directors. Long before

these managers committed the outrageous acts of sexual harassment, they learned

that they could ignore their obligations in the labor relations area, sabotage the EEO

process (as I stated before), and otherwise behave indiscriminately with impunity.
 235

While we are certainly grateful that the agency hotline telephone number will help to

remedy Mure cases of sexual harassment, the union would like the same kind of

attention to earlier signs of other blatant mismanagement. In some of the egregious

cases detailed today, AFGE's early warnings about the irresponsible conduct of the

Directors in question went unheeded.

As I stated earlier, AFGE will remain vigilant on the progress recently taken by

the VA in response to sexual harassment and other civil rights violations. As an

example, I would like to show the Committee the attached flyer which announces our

campaign at selective VA sites across the country to survey the workforce on sexual

harassment, racial discrimination, and abuses of the agency EEO process. As you

may know, two recent studies of the federal government have shown large disparities

in the diSCipline of federal employees by race, and the VA was identified as one of the

more serious offenders. We would hope that attention to demonstrated racial

discrimination would equal that of sexual harassment cases. AFGE's union survey,

which kicks off next week and continues throughout the summer, will explore this

problem by establishing a toll-free phone number for employees to call with their civil

rights concerns. I will be glad to share the results of the survey with the Committee

when we conclude this AFGE-VA civil rights project. Again, I thank you for your

attention, and I would be glad to answer any questions.

 236

GRANT DISCLOSURE

AFGE has no grants or contracts to declare.

BIOGRAPHY OF KITTY PEDDICORD

Kitty Peddicord brings a lifetime of government and union experience to her position

with AFGE. She was elected to her post at AFGE's National Convention August 17.

1994. after an unprecedented grassroots campaign. Never afraid to stand up for

workers' rights, Peddicord appeared before Congress in 1987 as a whistleblower while

still employed by the Social Security Administration (SSA). In 1970, Peddicord joined

the federal service as a G8-2 file clerk at SSA's Division of Personnel where she

soon became an AFGE steward with Local 1923. After several years at home and in

the private sector, Peddicord returned to the SSA Office of Disability Operations as a

part-time GS-3 typist in the typing pool. She moved up to Benefit Authorizer and

resumed her post as a steward with the Local. She also served as a member of the

Local's Health and safety Committee, and later as Chief Negotiator fighting for

improved working conditions for clerical employees.

In 1987, Peddicord joined AFGE's National Office as an organizer in the Membership

and Organization Department. In an eight-year span, Peddicord racked up an

impressive string of organizing victories, never once losing a campaign that she led.

Along with her AFGE responsibilities, Peddicord also serves as a board member of the

Coalition of Labor Union Women (CLUW). the A. Philip Randolph Institute (APRI), the

National Association for the Advancement of Colored People (NAACP), the White

House Conference on Aging and the Democratic National Committee. She and her

sons, Ryan and Gary, live in Sykesville, Maryland.

 237

PROILIM. WITII
IIICRIMI .7
Have you experienced:

~4~1
. . sex discrimination?
. . race discrimination? 0
. . sexual harassment?
. . abuse or frustration with the EEO process?

IFGE wants to hear from you

Please call this toll-free number
for confidential survey:
1_VAVAVAI (8282821)
.R'~ Sponsored by the AmerICan FederatIOn 01 Government Employees AH CIO
 238

FMA""'---_ _ __ Federal ManagersAssodation

STATEMENT OF

BERRY D. JORDAN

PRESIDENT, ZONE 4

FEDERAL MANAGERS ASSOCIATION

BEFORE THE

u.S. HOUSE OF REPRESENTATIVES

VETERANS' AFFAIRS

SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS

ON SEXUAL HARASSMENT IN THE FEDERAL WORKPLACE

APRIL 17, 1997

1641 Prince S"..t Alexandria VA 213142818 (703) 683-8700 FAX (703) 6838707
 239

Statement ofFMA PRsidcnt, Zone 4 Berry D. Jordan befo", the Oversight 11 Investigations Subconunlttee 4117197

Mr. Chainnan and members of the Subcommittee:

My name is Beny D. Jordan and I am the President of the Federal Managers Association (FMA) Zone 4
(Southeastern United States) and Chair of the Association's Professional Development Committee and
Federal Management Institute. On behalf of the 200,000 managers and supervisors in the Federal
Government whose interests are represented by FMA, I would like to thank you for holding this
important hearing and for allowing us to present our views to the Veterans Affairs Oversight
Subcommittee on sexual harassment in the Federal workplace. I applaud the Subcommittee's concern
and leadership in dealing with the very sensitive subject of sexual harassment.

BACKGROUND
In opening, I would like to briefly highlight some facts about sexual harassment. In the Civil Rights Act
of 1964, Title VII prohibits employment discrimination on the basis of race, color, religion, national
origin, and sex. There is no mention of sexual harassment in the statute or its legislative history.
Additionally, the 1964 act did not, at the outset, apply to the Federal Government. In 1972, the act was
amended by P.L. 92-261 , marking the first time that discrimination on the basis of race, color, sex.
religion, and national origin in the Federal Government was prohibited by statute. It was not until 1980
that the Equal Employment Opportunity Commission (EEOC) issued guidelines interpreting the law to
forbid sexual harassment as a form of sex discrimination (29 CFR 1604.11), and in 1981 a Federal
appeals court endorsed the EEOC's position that Title VII liability can exist for sexual insults and
propositions that create a sexually hostile environment.

According to the Merit Systems Protection Board, nearly half the women (44%) and one-fifth (19"10) of
the men surveyed in 1994, reported that they had experienced some form of unwanted sexual attention in
the Federal workplace. The October 1995 MSPB study, Sexual Harassment in the Federal Workplace:
Trends, Progress, Continuing Challenges, reports that Federal agencies have been successful in their
efforts to increase awareness and educate Government workers about sexual harassment. Over 87% of
Federal supervisors and 77% of nonsupervisory personnel have received training in the area of sexual
harassment. Somewhat ironically, MSPB cites the success of education efforts as a factor contributing to
the slight increase in reported incidence in sexual harassment since the Board' s last survey in 1987. This

page -1-
 240

Statement ofFMA PRsidcnt, Zone 4 Beny D. Jordan before the Oversight & Investigations Subcommittee 4117/97

is mainly due to an evolving definition of sexual harassment that is becoming progressively more
inclusive.

MSPB also estimates that sexua1 harassment cost the Federal Government $327 million between 1992
and 1994 in increased use of sick leave and an increase in employee turnover. At a time when the civil
service has eliminated a quarter million positions and agency budgets are being strained to the limit,
Federal workers, agencies and the American public cannot afford the negative costs of sexual harassment.

ZERO TOLERANCE
FMA's position on sexual harassment, is unequivocal. Harassment on the basis of sex is clearly If
violation of Section 703 of Title VII.

Zero tolerance should not just be an empty phrase. It should mean that Federal agencies will take
immediate corrective action after being put on notice that an employee is being subjected to sexual
harasSment on its premises. Failure to take corrective measures is unacceptable and subordinates the
spirit and intent of the law. FMA supports EEOC's position that employers are required to take prompt
remedial action when sexual harassment occurs and is supported by the evidence.

NO ONE IS ABOVE THE LAW

In the MSPB survey previously mentioned,both men and women employees concluded that managers
were not consistent in punishing harassers, sometimes basing discipline on the harassers rank, instead of
the seriousness of the offense. While agencies may be tempted to weigh the influence of an individual in
deciding what actions are appropriate, punishment should be based solely on the offense and not on rank.
Strong leadership in this area will pay dividends in the form of a professional and motivated workforce
secure in the knowledge that no one in the agency is above the law.

In addition to the importance of effectively addressing acute cases of sexual harassment, FMA is
concerned that more education and training should be available for managers and supervisors on
understanding their roles in identifYing, preventing, and responding to sexual harassment. Upper levels of
management must understand what sexual harassment is and set the example for others to follow.

page-2-
 241

SIaIement ofFMA Pmidcol, Zone 4 Berry D. Jordan bcfo", the Oversighl.t.lnvestigations Subcommittee 4117/97

FMA SUpports the EEOC definition that sexual harassment at work occurs whenever unwelcome conduct
on the basis of gender affects a person's job. This definition is not strictly limited to a traditional notion
of sexual harassment, i.e., "if you don't sleep with me you won't get that promotion you want." It is
defined as any unwelcome sexual advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature. Managers must enforce the law that says any unwelcome sexual conduct or
attention is sexual harassment ifit affects an employee's ability to perform their job.

It is equally important that, just as managers understand their roles in responding to sexual harassment
matters, employees need to receive training focused on: what constitutes sexual harassment; the agencies
position; and, the complaint system procedure for processing allegations of sexual harassment.

FMA supports making sure that everyone from file clerk to political appointee knows: the law on sexual
harassment in clear terms; that sexual harassment will not be tolerated in any form; that agencies will treat
every incident seriously by developing and implementing guidelines; that each employee in the work place
knows prompt corrective action will be taken; and, that supervisors and managers will follow up on
decisions and be alert to possible future problems.

SUCCESSFUL EEO OPERAnON PROMISING PRACTICES

There are 1. 9 million employees in the Executive Branch in numerous departments, agencies and bureaus
serving in professions as varied as military upgrade and repair work, controlling air traffic, processing
Social Security benefits, collecting taxes, caring for our veterans and enforcing our Nation's labor laws.
The people who are Government's greatest resource are as diverse as the countless occupations in which
they serve. The marvelous diversity of America's workforce is a tremendous asset that when managed
properly produces remarkable results. In FMA' s view and experience the following are hallmarks and
promising practices of successful EEO operations:

A sound EEO program's mission should be to resolve EEO complaints of discrimination at the lowest
possible level within the organization;
Program ownership should rest under the agency' s head;

pice -3-
 242

SIaICmCDt oCFMA PrcsidenI. Zooc 41lcny D. Jordan before the OYenigbt cllmesliplioos Subcommittee 4/17197

A full-time properly trained chiefEEO counselor should be given authority to manage the program;
EEO counselors should be selected and trained to advise employees and managers, conduct limited
fact finding, and be neutral in attempts to resolve employee concems;
EEO program should be structured to identifY problem areas in the agency;
EEO programs should process and resolve complaints in a timely manner in accordance with EEOC
guidelines;
EEO chief counselors should keep senior leaders of the agency informed about EEO issues;
Implementation of an aggressive EEO education program should include some type of Alternative
Dispute Resolution (ADR) initiative;
An automated tracking system of EEO complaints should be established;
Key managers should be briefed on EEO complaint data quarterly;
Pamphlets and/or brochures should be developed and distributed to the workforce outlining the steps
in the EEO process including the pre-complaint and complaint stages;
Periodic complainant surveys should be developed and distributed to the workforce to let the agency
know how well complainant's needs are being met;
Monthly reports to directors highlighting departmental EEO activity should be provided for review
and action;
Quarterly EEO meetings chaired by a senior management official and attended by agency heads
should be implemented for an agency-wide prospective ofEEO activity;
ChiefEEO counselors should analyze report data and provide results to senior level management for
review and action;
Chief EEO counselors should develop workshops on conflict resolution;
As is currently the practice in DOD, agencies should establish partnerships between themselves and
an independent investigative body to prevent the perception of conflict of interest.

Agencies implementing these practices enjoy: I) higher resolution rates ofEEO complaints; 2) lower
numbers offormaJ complaints; 3) stability of the EEO counseling program; and, 4) a proactive approach
to complaint resolution.

pace +
 243

Stalemelll ofFMA ~ Zone <4 Deny D. Jordan before the Oversight &: Investigations Subcommittee 4117197

RECOMMENDATIONS
In conclusion, FMA recommends:

I. The concept of hostile environment and sexual harassment should be institutionalized through
education and training of both supervisors and employees.

2. When a preponderance of evidence reveals sexual harassment has occurred, immediate corrective
action should be taken.

3. Public agencies should be encouraged to expand the use of alternative dispute resolution to
supplement the current EEO complaint process.

4. Supervisors and managers should be made aware of their rights when identified as principle agency
witnesses in sexual harassment complaints. '

S. That the above listed elements of a successful EEO operation should be implemented

6. Agencies should incorporate clear criteria into their personnel performance evaluations requiring
adherence to EEO principles.

CONCLUSION
I want to thank you again for inviting FMA to present our views to the Subcommittee on sexual
harassment. FMA looks forward to working with you this year to improve the ability ofFederaI
managers and supervisors to take responsibility by acting promptly and taking corrective action to stop
discrimination and ensuring there is not reprisal against the victims.

This concludes my prepared remarks I would be happy to answer any questions you may have.
***
FEDERAL GRANTS: FMA has not received any Federal grants or contracts within the last two years.
 244
WRITTEN COMMITTEE QUESTIONS AND THEIR RESPONSES

CHAIRMAN EVERETT TO DEPARTMENT OF VETERANS AFFAIRS

POST-HEARING QUESTIONS
CONCERNING THE APRIL 17, 1997
HEARING ON SEXUAL HARASSMENT IN THE VA

FROM THE HONORABLE TERRY EVERETT

CHAIRMAN, SUBCOMMITTEE ON OVERSIGHT
AND INVESTIGATIONS
COMMITIEE ON VETERANS' AFFAIRS
U.s_ HOUSE OF REPRESENTATIVES

1. Is the Department satlslled with the way th~ Calhoun rase was handled with respect to
the IG Investigation, the VISN site visit, management actions and dedslons, and human
resources and legal support?

Answer: Overall, the Deparunent accomplished its goal of removing Mr. Jerome Calho'ln as
Director, VA Medical Center, Fayetteville, NC. In retrospect, we believe if the evidence was
further developed with enhanced coordination between the Office of Inspector General, VISN
management, human resources and regional counsel, a removal from Federal service may have
been pUlllued. V A has now established a policy that requires d11 proposed actions against senior
officials be reviewed by the Office of Human Resources Management, Office of General
Counsel, and the Office of the Secretary prior to the action being taken.

2. Why does VA beHeve Mr. Calhoun shoald be considered for re-entry into the SES?

Answer: At this time, VA does not believe Mr. Calhoun should be accepted back into the SES.
However, under existing law, VA does not have the ability to prevent any citizen from applying
for any position in the Senior Executive Service, even if the applicant's lack of qualifications or
negative past employment record make it clear that the applicant is not a credible candidate for
selection. If Mr. Calhoun does apply for re-entry into the SES with the Deparunent of Veterans
Affailll, VA would consider his past performance as a medical center Dire,'tor, iilId whether he
met the rehabilitation terms of his settlement agreement, before making any determination on his
re-entry.

3. waS Dr. Gross receiving confticting advice and case evaluations from VA's attorneys,
personnel advisors and the IG's oMce.

Answer: VA's attorneys, personnel advisors, and the !G's of'ice gave Dr. Gross appropriate
advice and case evaluations on the Calhoun case. However, there were weaknesses in
communication between managers, lawyers and personnel advisors. V A is taking action to
strengthen the communications among all of these parties involved in disciplinary cases,
particularly those concerning senior management employees. On March 28, 1997, the Assistant
Secretary for Human Resources and Administration, issued a memorandum requiring that all
proposed actions related to conduct or performance involving occupants of positions centralized
to the Secretary (which include all SES and GS-IS positions) be reviewed in V A Central Office
by an appropriate high-level official, who is required to coordinate his or her review with the
Office of Human Resources Management, the Office of General Counsel, and the Secretary's
Office.

4. Do you beHeve that the Whatiey Report was an adequate and accurate portrayal of the
situation at Fayetteville?

Answer: Based on the limited charge that the VISN Director gave to Mr. Whatley. we believe
the report was adequate and accurate.

S. The Committee has Infonnation that Mr. Whatiey was Informed of Ms. Doris Moore-
Russell'. poasIhle concerns about Mr. CalhOWL Why was she not interviewed?

Answer: She was not interviewed because Mr. Whatley's charge was to review the effectiveness
of top management at the Medical Center;'specifically, the effectiveness of the Director. In this
case, individual allegations of sexual harassment were the responsibility of the Inspector General
to investigate.
 245

6. Wby was the proposed removal not based on anything other than wbat was In the
Inspector General's report on the three cases 0( alleged sexual bara.sment and abusive
treatment at FayettevlUe?

Answer: At the time, it was VA management's primary goal to remove the fonner Director as
quickly as possible, based on the 10's fmdings and on the personal assessment of the VISN
Director, as continned by the Whatley repon. In retrospect, we believe that the sexual
harassment and the abusive atmosphere, coupled with perfonnance issues, may have made the
case against Mr. Calhoun stronger.

7. Was there ever an "evidence file" to accompany the proposed removal in the Calboun
case?

Answer: No.

8. Did you consider mitigating and extenuating circumstances In Mr. Calhoun's case? If
so, please describe the circumstances.

Answer: There are no mitigating or extenuating circumstances that would serve to excuse
sexual harassment or discrimination, or abusive treatment of employees.

9. Please describe the authority of a network director to issue a letter of proposed removal
for a hospital director.

Answer: The Under Secretary for Health had been delegated authority to effect disciplinary and
adverse action for Senior Executive Service employees. He may further delegate this authority to
propose and decide disciplinary and adverse action to other officials in the supervisory chain. A
Network Director would not have authorily to independently issue a letter of proposed removal
for a hospital director unless this were expressly delegated by the Under Secretary for Health.

10. Did Dr. Gross have the proper authority to issue the letter of proposed removal to Mr.
Calboun?

Answer: No. The Under Secretary for Health had not delegated authority to Dr. Oross to issue
the October 25 letter of proposed removal.

11. If the proposed removal had gone forward, wbo would bave been the deciding official
for the case?

Answer: As noted, no fonnal delegation of authority had been made. However, the most likely
decision would have been to designate the Chief Network Officer as the deciding official, acting
on a proposal from the Network Director.

12. How many other VHA employees with a similar position or responsibillties as Mr.
Calhoun make over $100,000?

Answer: Two.

13. Does Mr. Calhoun make more than bis Immediate supervisor? H so, what Is his
immediate supervisor's salary?

Answer: Yes, Mr. Calhoun does make more than his immediate supervisor. whose annual salary
is $81,429.

14. How many EEO complaints or grievances are pending against Mr. Calhoun at
Fayetteville, and what Is their status and general nature?

Answer: A recent review showed that the EEO complaint files at the V AMC Fayetteville are in
disarray. VA is sending an experienced EEO manager in to Fayetteville to organize these mes
and to put the EEO program back on track. At this time, we know of 11 fonnal EEO complaints,
flied by 9 different complainants. that are currently pending against Mr. Calhoun. There are no
2
 246

grievances currently pending. The EEO complaints allege a variety of different things, but are
primarily concerned with general barassment and sexual barassment They are pending at
various stages in the complaint process.

15. How does the "save pay" provision operate, and how did it specifically apply to Mr.
Calhoun's situation?

Answer: In accordance with 5 U.S.c. 5363 and 5 CFR 536.I04(b), an agency may grant pay
retention to an individual whose pay would otherwise be reduced as a result of a management
action. Individuals granted this "saved pay" protection may retain the rate of basic pay they were
earning immediately before the management action, up to 150 percent of the maximum of the
grade of their new position.

In Mr. Calhoun's case, he was earning $101,600 basic pay as an ES-2 immediately before his
reassignment to Bay Pines, Florida. V A granted pay retention to Mr. Calhoun, enabling him to
retain his rate of basic pay at $101,600. He is entitled under the law to one half of any future
increases in the maximum rate of pay for GS-14.

Mr. Calhoun was receiving locality comparability pay (LCP) at Fayetteville, NC, of $4,888, for a
total pay of $106,488. He continues to receive the same amount of LCP in Bay Pines. The LCP
for Bay Pines is the same as for Fayetteville, so there was no change in Mr. Calhoun's pay upon
his reassignment

16. Is "save pay" possible If a member of the Senior Executive Service has been formally
disciplined?

Answer: Although saved pay is not guaranteed in formal disciplinary actions, it may be
appropriate in situations where formal charges are resolved by settlement Saved pay is provided
in accordance with 5 U.S.C. 3594 and 5 CFR Part 359, Subpart G when a "career" Senior
Executive Service (SES) employee is placed in a position outside the SES at a GS-15 or
equivalent. or higher, as a result of (I) removal during probationary period for performance, (2)
removal for less than a fully successful performance rating, (3) removal for failure to be
recertified, or (4) reduction in force.

In addition, all SES employees are also entitled to saved pay (in accordance with 5 U.S.c. 5363
and 5 CFR 536.104(b), if they are placed in a GS position at any grade level if (I) the placement
is based on a management action and would otherwise result in a reduction in basic pay, (2) the
placement is not for personal cause or at the employee's request. and (3) pay saving under 5
U.S.C. 3594 is not applicable. The saved pay may not exceed 150% of the pay rate of the grade
to which the former executive is assigned.

17. Was Mr. Calhoun ever formally disciplined?

Answer: No, and a review of Mr. Calhoun's official personnel folder indicates no incidents of
prior disciplinary action.

18. The VA provided the Subcommittee with a chart called "Saved Pay for Former SES
employees." It lists the reasons for which saved pay can be granted. Please state which
reasons VA used In agreeing to Mr. Calhoun's saved pay In the settlement.

Answer: VA retained Mr. Calhoun's pay in accordance with 5 U.S.c. 5363 and 5 CFR
536.104(b), because the placement was based on a management action that would otherwise
result in a reduction in basic pay.

19. Please Identify the Indivldual(s) who actually drafted the settlement agreement In the
Calhoun case.

Answer: Dr. Leroy Gross, Director, VISN 6, dictated the points to be included in the settlement
agreement to Mr. Larry Sullins, Employee Relations Specialist. V A Headquarters. Mr. Sullins
typed the settlement agreement based on the information provided by Dr. Gross. The agreement
was faxed to Kathleen Oddo, a Regional Counsel staff attorney, who provided technical
comments on the agreement Some of those comments were incorporated into the agreement
3
 247

20. The lnspector General prepared a three volume case file whldt ronsisIs or traJwaipts
and other related doc:uments complied during the IG Investigation at Fayetteville. A copy
of the ftle was provided by VA to the Subcommittee. At the very beginning of the ftrst
volume, there Is a type written note with the title "CALHOUN CASE". In bold print, It
says, "No quid pro quo sexual harassment", the VA OlG erred". Please describe the
purpose or this doc:ument, identify Its author and the reason for Its presence In the IG case
file.

Answer: The document was prepared for internal discussion purposes only. The document
sbould have been removed prior to being reviewed by external sources. The document was
prepared by Mr. Larry Sullins, Employee Relations Specialist. for the pUJ1lOse of discussing
potential problems/weak points in the IG investigation.

21. There is another statement In the same document which says, "VA Central Office
MCCK omdal encouraged Ms. Force to fabricate sexual harassment charge". Please
explain the basis or this statement.

Answer: This statement was listed as a potential argument that could be made by Mr. Calhoun's
attorney that could possibly weaken VA's case upon a third party review. If the statement was
found to have merit. Ibis could seriously damage any case against Mr. Calhoun.

22. Whose responsibility was II to prepare the "evidence file" for the proposed removal?
Was one prepared? If not, why not?

Answer: Evidence mes are routinely prepared by human resources management staff, regional
counsel, and supervisors/managers. The evidence me should have been prepared prior to
issuance of the proposed removal letter. Generally, the individual(s) who prepare the proposed
action would also prepare the evidence me. In this particular case, the proposed removal letter
was prepared by the office of the VISN 6 Director and the office of Regional Counsel. The
proposed removal letter was erroneously issued prior to the development of the evidence me and
fmali1ing of the. charges.

23. \\-bat remedJai or other training will Mr. Calhoun undergo as a result of his behavior
at Fayetteville?

Answer: Mr. Calhoun will participate in the established training in cultural diversity and the
prevention of sexual harassment required of all employees at the Bay Pines facility. Bay Pines'
management is also identifying other appropriate training in these areas. Mr. Calhoun is also
responsible for identifying and participating in additional training as part of his own efforts at
rehabilitation. Local V A Medical Center management will be monitoring activity and results in
both aspects of Ibis training endeavor.

24. In one of the 12 sexual harassment cases about which V A provided Information to tile
Subcommittee, VA entered a settlement where the alleged harasser received a $25,000
retirement buyout. Please provide the Subcommittee the details and tile chronology of tile
buyout and tile related sexual harassment or hostile environment allegations, Including
when any persons In the EEO or grievance process, and in management first became aware
of tile sexual harassment or hostile environment allegations.

Answer: In March 1995, VHA ,received approval from the Office of Management and Budget
(OMB) to offer buyouts to selected categories of employees to help restructure and redesign the
organization, while reducing the numbers of managers and supervisors. VHA offered the buyout
to all Medical Center DireclOrS as a class, and did not impose any other criteria for eligibility.
The chart following Ibis answer shows a chronology of the buyout and the related sexual
harassment or hostile environment allegations.

VHA offered buyouts 10 each of the 16 directors who had expressed interest including
one direcoor who had sexual harassment allegations against him. At the time the buyouts were
offered, VHA had no formal basis on which to deny this director the buyout. Based upon the
advice provided by the Office of Personnel Management (OPM), these allegations were not a
basis for which to withhold the buyout unless there was an evidence me, a letter of formal
4
 248

charges issued to the employee, receipt and consideration of the employee's response, if
provided, and a formal decision letter issued imposing disciplinary or adverse action. VHA had
not reached any of these stages in its review of this case.

The statutory authority to provide buyouts to employees expired on March 31 , 1995. If VHA
declined to offer the buyout to the director pending adjudication of the charges, it would not have
had the authority to subsequently offer the buyout to him. If the charges had been found to be
without merit, he would have been unjustly penalized, wirh no provision to make him whole.

On May 17, 1995, rhe Offiee of rhe General Counsel dismissed rhe EEO complaint med against
this director.

...
_ut __ 1Y
00...
September 1. 1993
EEOc...
IMiaI Contact will

Counaetor
.,r.AcIIoft
Novctmber 30 1993 FlnAl lnt.M.tw with Counnlor
March 22 1994 FiMd FoRnal ComPieinl
Nob of Receipt Sent hm EEO
April 29. 1994
OIfi<r
ltr. from EEO Officer ~
April 29, 1994 ~~":tlnfonnelon for
Complainant Nceiv.:t ..ner
May 3, 1994 NqUeatinq additionaJ Information,
notwaPOff..
Cotnpiainanl ......Ited that an
atttmpt be maca. 10 informally
Ci~ May 16. 1994 ,.soNe iuuea. Too many
~ ahgationa in fonnal
<om "
Ruignodhorn
Janu&rY6 , _
lor"-pLoblity
~ruary 16. 1995
Determination

Htbruary 23. 19Q5 _"'nt ...

o.taMd from Oirec1Onship due \0
~ oed by on
om......., ........."

ANociate CMO kif Opefa.tiona

March 10. 1995
~~ a Boam
of InY8dgalion
to mv."altaelion.
VHA_IIuyooI'
March 25, 1995
Authority
Buyout approved and director
March $1, 1$95
retired
March31 1995 utAu1ho E 'nod
,"",yl7,I995 Complaint OierniNed by OGC

25. Please describe the Involvement or each or the Department's lawyers both In the
regional rounse!'s oI'ftce and the omce 01 General Counsel In the disciplinary ease
Involving Mr, Calhoun, Including the drafting or the proposed removal, the nqotlatlon 01
the settlement agreement, the drafting of the setUement agreement and the review or the
settlement agreement.

Answer: Materials 'previously furnished to the Committee address the involvement of rhe
attorneys in the Regional Counsel's office in the Calhoun disciplinary case, and specifically
address rhe proeess rhat was followed in connection with the draft removal charges. The
Regional Counsel anorneys consulted an anomey in rhe Offiee of General Counsel, who
reviewed the draft charges and made some suggestions. No VA attorneys were involved in
negotiating the settlement agreemenl An attorney in the Regional Counsel's Office made some
technical and lIubstantive suggestions to a draft of the settlemenl As pan of this process, an
attorney in rhe Offiee of General Counsel infonnally reviewed rhe proposed settlement, but
advised VHA staff rhat it needed additional waiver language and orher modifICations. These
changes were not incorporated in the fmal document, nor was the final document seDt to the
Office of General Counsel for concurrence.

5
 249

26. Wbat allegations or charges against Mr. Calhoun did the settlement cover?

Answer: The settlement covers the charges of sexual harassment, hostile work environment, and
abusive treatment of subordinates by Mr. Calhoun involved in the rescinded proposed removal
letter and Inspector General investigation.

27. Does the settlement agreement preclude VA from bringing other disciplinary actions
against Mr. Calhoun, If other dlsdpllnary matters are found relating to his conduct In VA
Medical Centers at Fayetteville, NC; Batavia, NY; or elsewhere?

Answer: The settlement agreement would not preclude VA from bringing disciplinary action for
other substantiated offenses at VAMC Fayetteville or other VAMC's. The settlement agreement
would preclude VA from bringing disciplinary action only for offenses related to the charges of
sexual harassment, hostile work environment, and abusive treatment of subordinates by Mr.
Calhoun involved in the rescinded proposed removal letter and Inspector General investigation.

28. Is It correct that a staff attorney In the VA OfIIce of General Counsel In Washington,
DC, only Informally looked at the settlement of the Calhoun case to ascertain whether It
was an enforceable agreement and that your office did not formally review or concur In
this legally binding resolution of cases Involving serious charges against a very senior VA
official? Please clarify the drcumstances of the Involvement of the OfIIce of General
Counsel In the Calhoun case.

Answer: See response to question 25.

29. What Is VA policy regarding General Counsel review and concurrence In Important
VA legal matters?

Answer: VA policy is, and has been, to require General Counsel review and concurrence in all
matters which involve substantive legal issues. Steps have been taken to better identify such
matters, and to ensure appropriate General Counsel participation in all future matters requiring
such review.

6
 250

POSTHEARING QUESTIONS
CONCERNING TIlE APRIL 17,1997
HEARING ON SEXUAL HARASSMENT IN TIlE VA

FROM THE HONORABLE MICHAEL BILIRAKIS

MEMBER, SUBCOMMlTI'EE ON OVERSIGHT
AND INVESTIGATIONS
COMMl1TEE ON VETERANS' AFFAIRS
U.S. HOUSE OF REPRESENTATIVES

1. In 1993, GAO reported that the Secretary had approved Its recommendation to do an
agencywlde survey to ....... employee concerns about sexual harassment, discrimination
and the handHng of complaints. In your written testimony you stated that a survey was
ronducted In 1996. Why did It take three years to ronduct this stody?

Answer: Initially, there was debate over whether the survey should inclode all VA employees,
or just a scientifically selected representative sample. That required consultations with a
contractor and evaluations of costs and sources of funding. Once that was resolved, the contract
had to he arranged, which took several months, and was concluded on Septem ber 30, 1994.
Thereafter, the contractor had to be given sufficient time to propose questions, test those
questions on focus groups (1/95), conduct pretests (8/95), revise the questions as needed, and
then mail them out (1/96). All surveys were received by the end of April, 1996, and a
preliminary report was prepared at the end of July 1996. That preliminary report was returned
with comments and suggestions for improvement in January of 1997 and the penultimate product
was presented by the contractor for review and approval on March 3 I, 1997. It is now being
reviewed by the Secretary's Ad Hoc Working Group on Sexual Harassment, which was the body
that commissioned the survey. We expect a fmal report in the very near future.

2. Concern has been expressed about the apparent lenient actions taken In cases of
substantiated harassment by senior VA ollldals. How does the VA Co about detennlnlng
the severity of actions It will take In sudt Instan<es? What factors enter Into the decision
maklng process and who has the llnal dedsIon-making authority?

Answer: V A uses a "Table of Examples of Offenses and Penalties" for determining the severity
of actions to be taken against senior offICials. The table is listed in VA's policy, Mp5, Part I,
Chapter 752, dated October 18, 1994, and identifies a range of penalties for specified offenses.
Among other things, the decision official considers the severity of the offense, the individual' s
response and past disciplinary record, and the Douglas Factors. The decision making authority
for disciplinary actions against senior officials has been delegated to Assistant Secretaries,
Administration Heads, and Other Key Officials with the Department.

3. VA recently organized Into 22 veterans Integrated service networks. What role do the
directors of networks play In overseeing the processing of complaints of sexual harassment,
particularly complaints that Involve the medical centers' management triad the director,
chief of starr, and the 8SIIOdate and or assistant directors?

Answer: Network Directors are responsible for fulfilling the role and responsibilities of the EEO
Officer by providing a "Higher Level Review" of all formal complaints of sexual harassment. to
include those involving Medical Center Directors, Chiefs of Staff, and Associate/Assistant
Directors. The Network Directors are required to review the complaints to determine whether
their intervention is appropriate and to monitor the processing until they have received the formal
complaint of investigation from the Office of Equal Opportunity.

4. We have been dealing with executive misconduct. For comparative pu~, can you
provide the Subcommittee with information on the frequency of similar misconduct by
non-executlve personnel and the actions taken in these cases?

A.....er: This information is not readily available, as our personnel database does not distinguish
those disciplinary actions taken for acts of sexual harassment from disciplinary actions taken for
other types of misconduct VA is presently developing a reporting system for allegations of
sexual harassment which will. among other things. report on disciplinary actions. The directive
7
 251

is presently in the concurrence process, after which it must be coordinated with VA's emplOyee
unions. VA expects to have it issued by the end of the summer.

S. We have been talking about sexual harassment cases. What has been the VA's
experience with executives found to have been Involved with other forms of mIsronduct
such as the misuse of govenunent property, etc.?

Answer: When allegations of misconduct are sustained, VA has taken corrective action, which
ranges from counseling to demotion. Some individuals have retired before disciplinary action
was taken. Administrative disciplinary proceedings do not survive a resignation and are not a
basis for withholding voluntary retirement, under present law.

6. Did Mr. Calhoun receive any &exuaI harassment training?

Answer: Yes. Mr. Calhoun received training on the prevention of sexual harassment at the
VAMC Buffalo, New York, while serving as the Associate Director. Just prior to, and in
anticipation of his appointment as Director of the VA Medical Center in Fayetteville, he also
received 3 days training at VHA's national BOO conference in Orlando, Florida. As part of his
participation in the training conference, be received training on the recognition and prevention of
sexual harassmenL

7. WID Mr. Calhoun receive any remedial training as a result of his behavior at
FayettevlUe?

Answer: Mr. Calhoun will participate in the established training in cultoral diversity and the
prevention of sexual harassment required of all employees at the Bay Pines facility. Bay Pines'
management is also identifying other appropriate training in these areas. Mr. Calhoun is also
responsible for identifying and participating in additional training as part of his own efforts at
rehabilitation. Local VA Medical Center management will be monitoring activity and results in
both aspects of this training endeavor.

8. Is Mr. Calhoun's current salary being paid out of the Bay Pines medical center budget?

Answer: The Bay Pines facility was allocated funds from VHA Headquarters, so it did not have
to absorb Mr. Calhoun's salary from its bodgeL

9. How many employees who have been found guilty of sexual harassment stili work for
VA. What are their current positions?

Answer: At present, VA has only surveyed actions against senior management officials. Nine
have resigned or retired after having been informed of the allegations against them. Two have
been demoted and reassigned. We cannot report on all disciplinary actions taken as a result of
the zero tolerance policy, with respect to all other employees, unless the employee has been
found guilty of sexual harassment in a fmal agency decision issued on an EEO complainL There
have been 6 fmdings of sexual harassment discrintination, involving 4 different VA employees (3
supervisors who were not senior managers and I co-worker). Only the co-worker still wodes for
VA That co-worker's case involved a sign which another co-worker found offensive. The
employee was required to take the sign down and was counseled.

10. How much money has the VA spent on &exuaI harassment settiements?

Answer: There is no centralized repository in VA for reporting this information.

11. At our 1m hearing, the Inspector General's omce testlfted that an IG task force
survey of the EEO processes at both Central 0IIIce and at 11 VA fadlltles to review and
resolve &exuaI harassment and other EEO complaints found that:

1. The training requirements for EEO counselors appeared non-spedftc and there
was a Iadt of training plans and documentation that the training had In fact taken
pIIa.

8
 252

2. The documentation requirements for informal complaints as well as Ute

reporting requirements for such complaints need strengUteuing.

3. There Is Ute potential for under reporting of formal complaints of sexual

harassment because Utere was no such category specified on Ute EEO complaint
form.

What steps has Ute Department taken to correct Utese deficiencies?

Answer: All EEO Counselors, by regulation, must now be trained at an approved course before
they assume their counseling responsibilities. A new training course was developed to ensure
that the training was appropriate. Reporting requirements were strengthened in an interim
regulatory issuance, and more changes are pending. In addition, VA revised its EEO complaint
form to include, among other things, a separate category for sexual harassment.

12. As I understand It, under Ute terms of Ute settiement, Mr. Calhoun may be considered
for re-entry Into Ute Seuior Executive Service (SES) nfter Utree years. Is Utls correct?

Answer: Any individual may apply for appointment to the SES at any time in response to a
notice of potential vacancy. This includes individuals previously removed from the SES. Mr.
Calhoun can reapply to the SES after 3 years of the date of the settlement agreement Without
this provision, Mr. Calhoun could have re-applied to the SES immediately. Additionally Mr.
Calhoun would also have to be recertified for the SES by the Office of Personnel Management,
which would also consider his past record.

13. Under Ute terms of Ute settiement, Mr. Calhoun was not admitting guilt to any of Ute
allegations of sexual harassment, Isn't Utat correct?

Answer: Yes, that is correct.

14. Based on Ute Inspector General's Investigation into Ute sexual harassment complaints
and Ute oUter management Issues at Ute Fayettevme Medical Center, It seems to me Utat Ute
Department should have been taklng steps to remove Mr. Calhoun from Federal service.
Why did Ute Department negotiate a setUement wlUt him Instead?

Answer: VA reviewed the evidence against Mr. Calhoun which was developed by the Inspector
General. V A was not convinced it would have prevailed in either the Merit System Protection
Board or the courts upon appeal. VA determined that its overwhelming priority was to remove
Mr. Calhoun from his role as medical center Director, and place him in a setting where he had no
supervisory or managerial duties. The settlement achieved those objectives.

15. What are Mr. Calhoun's current responsibilities?

Answer: A copy of Mr. Calhoun's position description is attached.

16. What b his current grade?

Answer: Mr. Calhoun is a GS-14.

17. How Is It Utat a GS-14 can make $106,000 a year?

Answer: Mr. Calhoun retained his Senior Executive rate of pay under the provisions of 5 CPR
536.104(b) as provided in the settlement agreement

18. What Is Ute maximum a GS-14 normally makes?

Answer: The maximum rate for a GS-14 employee in the Bay Pines locality would be $82,120
per annum.

9
 253

POSTHEARING QUESTIONS
CONCERNING THE APRIL 17, 1997
HEARING ON SEXUAL HARASSMENT IN THE VA

FROM THE HONORABLE LANE EVANS

RANKING DEMOCRATIC MEMBER
COMMITIEE ON VETERANS' AFFAIRS
U.S. HOUSE OF REPRESENTATIVES

1. What obstacles have prevented the Department from fully implementing the EEO
program recommendations made by the Omce of Inspector General in March, 1993?

Answer: All recommendations have been implemented, with the exception of issuance of
revised Departmental directives and handbooks, which are presently in the concurrence process
in VA Central Office. However, those may be delayed or significantly revised, as a result of a
comprehensive review of the Depanment's EEO complaint processing program, which is
currently underway and which wiU be completed in the near future.

2. What changes are needed in the structore of the EEO process in V A?

Answer: A task force has been convened to review the current EEO process. The members of
the task force are Eugene Brickhouse, Assistant Secretary for Human Resources and
Administration; Linda Belton, Network Director, VlSN II; Art Goff, Civil Rights Advisor to the
Under Secretary for Health; Patricia Grysavage, Director, External Management and
Communications, Office of the Under Secretary for Benefits; C. Faye Norred, Director, VA
Regional Office, Washington, DC; Caren Eirkson, Chief, Personnel Division, National Cemetery
System; Patricia Novak, Director, Quantico National Cemetery; Neal Lawson, Assist General
Counsel; Beatrice Pacheco, Staff Attorney, Office of General Counsel; Shirley Carozza. Deputy
Assistant Secretary for Budget; Joe Schumacher, Executive Assistant to the Deputy Assistant
Secretary for Information Resources Management; Patricia O' Neil, Special Assistant to the
Assistant Secretary for Policy and Planning; Gerald K. Hinch, Deputy Assistant Secretary for
Equal Opponunity; Joyce Felder, Associate Deputy Assistant Secretary for Human Resources
Management; Alma Lee , President, National V A Council, AFGE; and Lorraine Payton,
President, VA Council, NFFE.

The task force will review all aspects of VA's EEO complaint process and prepare
recommendations for the Secretary. The first task force meeting was May 28,1997. Their repon
will be submitted to the Secretary witltin 60 days.

3. Regarding the December 6, 1996 rescission by the VISN 6 director of proposed adverse
action, have you determined why the evidence file was not included with the letter
proposing disciplinary action? What disclpUnary action was proposed in the letter
resdnded by the VlSN 6 director on December 6, 1996?

Answer: The evidence file was not included because the VISN Director did not know that an
evidence file must be prepared and included with a notice of proposed adverse action. That was
one of the reasons why the notice of proposed adverse action was rescinded. The notice
proposed Mr. Calhoun's removal from Federal service.

4. Why are V A employees who are victims of sexual harassment, a hostile work
environment and/or discrimination not filing EEO complaints? What changes would
encourage more employees to file a complaint?

Answer: We are not sure. It has been noted by the MSPB, in several of their surveys on sexual
harassment, as well as in statistics reponed by the EEOC, that formal complaints of sexual
harassment are significantly lower than the incidence of sexual harassment reponed in surveys.

Anecdotal evidence from some of the victims of sexual harassment suggests that removing the
local field facility Director from his or her role as the facility's EEO Officer would encourage
more employees to come forward with sexual harassment claims.

40881 97 - 9
 254

5. How and wben did Mr. Calhoun's superiors Drst become aware of his Inappropriate
and unacceptable behavior?

Answer: Mr. Calhoun was appointed Direclor of the Fayelteville, NC, VA Medical Center on
April 3, 1994. AI thaI time, his immediate supervisor was the Regional Director, Southern
Region. Subsequently, the Fayelleville VA Medical Center was incorporated into the new VISN
struClure and, as a resull, formal managemenl supervisory control was transferred 10 the DireClor,
VISN 6, Durham, NC, on February 11, 1996.

During the time thaI Mr. Calhoun reported to the Southern Region, the Regional Director
intervened on one occasion in the Spring of 199510 review strained relations between the local
union, AFGE Local 2080, and VAMC managemenl officials. Through collaborative efforts,
suggestions were made on ways 10 improve the labor-managemenl relationship resulting in Ibe
establishment of a partnership agreement.

There were no other allegations about Mr. Calhoun's inappropriate or unacceptable behavior
(excepting the complaints about his "excessively aggressive management demands and slyle"
made by the VAMC's MCCR Coordinators 10 the Regional MCCR Office) which surfaced to the
Regional Director, Southern Region, during this period.

The Direclor, VISN 6 became aware of allegations that there were problems shortly after his
appoinunent in March of 1996.

6. How I'requently, and by whom, are senior VA managers evaluated and does this
evaluation include the manager's behavior and treatment of employee's?

Ans..er: VA employees in the Senior Executive Service receive annual performance

evaluations. The initial rating is recommended by the official, usually the immediate supervisor,
who is responsible for the development of the executive's performance plan and approved by an
official at a higher level. Each performance plan requires the executive to playa leadership role
in promoting equal employment opportunity, affirmative action and the elimination of
diScrimination and sexual harassment.

Physician, Nurse and Dentist senior managers are evaluated annually under Ibe Proficiency
Rating System covering individuals employed under the provisions of Title 38. The initial rating
is recommended by Ibe manager's immediate supervisor and approved by an official al a higber
level. The proficiency rating elements for these individuals take into consideration their
management assignments, and provide for evaluation of such aspects of their performance as
administrative competence and personal qualities. In addition, the performance standards for
Chiefs of Staff specifically require a demonstrated commitment to achieving EEO goals and
objectives.

All other senior managers (nol covered by SES or Title 38) are rated under VA's Performance
Managemenl Syslem on an annual basis. The initial rating is recommended by Ibe manager's
immediate supervisor and approved by an official al a higher level. The manager's performance
plan must have standards IlIat relate to equal employment opportunity and affmnative action.

If the manager's behavior becomes a conducl issue, corrective action would be processed through
disciplinary channels.

7. Ho.. many dlsdpUnary actions have been taken by VA as a result 01 the zero toIenmce
policy?

Answer: At present, VA has only surveyed actions against senior management officials. Nine
have resigned or retired after having been informed of the allegations againsl them. Two have
been demoted and reassigned. We do nOl have a report of all disciplinary actions taken as a
result of the zero tolerance policy, with respect 10 all other employees. We are developing a
semi-annual report IlIaI will allow VA to capture Ibis information.

8. What actions can VA take to dIange employee perceptions that tile EEO process Is
biased toward l1l8IUIgement? What actions will VA take and when will these actions be
taken?
2
 255

Answer: VA is currently studying reform of the EEO complaint process. We expect to have our
review completed and reforms proposed in the near future.

9. How many EEO Investigators are employed by VA and how many are full-time EEO
investigators? How long does it take an EEO investigator to complete an investigation and
wbat is the duration of the longest ongoing current Investigation?

Answer: VA employs 480 collateral-duty EEO investigators. VA has no full-time EEO

investigators. VA also contracts with 129 EEO investigators, who are retired V A employees.
EEO Investigators average 45 days from assignment to completion of the investigation.
Investigations are not assigned on the date the complaint is filed. On average, in FY 1996, 181
days elapsed from Ihe filing of a complaint to the completion of the investigation. This is very
close to the ISO day time limit afforded by the Equal Employment Opponunity Commission in
its regulations. As to the longest ongoing current investigation, it has been pending for 154 days.

10. Have Secretary Brown's policies to reduce, If not eliminate, sexual harassment and
other forms of discrimination in the VA workplace been implemented fully and effectively?
As a result, is the VA workplace safer, less hostile and less discriminatory?

Answer: In our view, the policies and the awareness campaign that were implemented to reduce
sexual harassment and other forms of discrimination in the VA workplace have been successful.
There are indications that VA employees and managers are receiving the message that these types
of behaviors will not be tolerated. For example, the three Merit Systems Protection Board
surveys of sexual harassment show a decrease in incidents of sexual harassment in VA between
1981 and 1995.

Sexual harassment and discrimination are very difficult topics to deal with and we hope change
in the culture will continue. The results of the V A sexual harassment survey will assist us in
determining how weD we are doing and where our focus should be to continue zero tolerance.

11. According to testimony by the office of the VA Inspector General, the General
Accounting Office (GAO) recommended in 1993 that an agency-wide sexual harassment
survey be conducted at the VA. The testimony further indicates that the VA did not
conduct the survey until the nrst six months of 1996. Is this information correct, and if so,
why did the VA take SO long to conduct the survey, and why don't you have the nual
results and analysis almost a year after the data was collected?

Answer: Initially, there was debate over whether the survey should include aU VA employees,
or just a scientifically selected representative sample. That required consultations with a
contractor and evaluations of costs and sources of funding. Once that was resolved, the contract
had to be arranged, which took several months, and was concluded on September 30, 1994.
Thereafter, the contractor had to be given sufficient time to propose questions, test those
questions on focus groups (1/95), conduct pretests (8/95), revise the questions as needed, and
then mail them out (1/96) . AU surveys were received by the end of April, 1996, and a
preliminary repon was prepared at the end of July 1996. That preliminary repon was returned
with comments and suggestions for improvement in January of 1997 and the penultimate product
was presented by the contractor for review and approval on March 31 , 1997. It is now being
reviewed by the Secretary' s Ad Hoc Working Group on Sexual Harassmen~ which was the body
that commissioned the survey. We expect a final repon in the very near future.

12. During hearings on this identical issue live years ago, former representative Jill Long
(D-IN), concluded that the VA's sexual harassment policy essentially boiled down to this:
"If you are sexually harassed, you get demoted, but if you harass, you get transferred, and
the taxpayers support your defense as well as your salary." Given the recent incident
Involving Director Calhoun, how has your zero tolerance policy changed since Ms. Long
made such observations? What steps is the Department taking presently to toughen Its
policy and keep, as )\Ir. Clyburn stated during the hearing, another Fayetteville from
occurring?

Answer: VA did not have a zero tolerance policy five years ago. It does now. Where an
individual is proven guilty, be or she is disciplined appropriately, if he or she does not resign or
3
 256

retire first. In every proven incident of sexual harassment, that is exactly what happened. Mr.
Calhoun is still under investigation for other allegations of sexual harassment and misconduct If
evidence warrants additional charges, he will be disciplined. In addition, as mentioned before,
VA is currently studying reform of its EEO complaint process, in order, among oth~.r things, to
keep another Fayetteville from occurring.

13. As you know, the Committee staff has had the opportunity to review the case nle
regarding the charges against Mr. Calhoun. In her statement alleging harassment by Mr.
Calhoun, Ms. Force Indicated that she contacted the VA's Regional MCCR Coordinator
concerning Mr. Calhoun's attempt to relieve her of her MCCR duties, as well as her sexual
harassment complaints against Mr. Calhoun. According to Ms. Force, the regional
coordinator told her she should accept a lateral transfer because there was "no way [you]
could fight a Director." The regional coordinator allegedly went on to say that the "only
way to win against someone like [Mr. Calhoun) was If 5-6 people went to the medta and
caused a sUr." To your knowledge, did anyone at the V A or the Inspector General's omce
investigate these claims?

Answer: No.

Has anyone attempted to determine whether the (southern MCCK) regional coordinator
expressed such views?

Answer: Yes, but only very recently (5/13/97).

In summary, the then-Regional MCCR Coordinator (Mr. Andy Enos) states that to his
recollection of events occurring on this issue during the time period in question, Ms. Force's first
quote in the above question is essentially correct However, the second quote is not something
he recalls ever making. In fact, he distinctly remembers no discussion at all by Ms. Force with
him concerning her sexual harassment complaints against Mr. Calhoun; all conversations
revolved around Mr. Calhoun's attempts to coerce her to work surreptitiously against Mr. Jim
Crocker (one of her bosses). Apparently. when she told Mr. Calboun that she couldlwould not do
that, he then began to make her work life miserable.

Background Information: Mr. Enos and the Assistant Regional Coordinator at that time (Ms. Pat
Barker) both recall telephonic andlor in-person conversations with Ms. Force and her V AMC
replacement (in April 1996), both of whom recounted tales of Mr. Calhoun's "excessive and
profane management style" toward their individual administration of the V AMC's MCCR
program and their alleged failure to cooperate with him in various aspects of its overall
management. At one point during the period that Ms. Force was beginning to recount her initial
difficulties with Mr. Calhoun, Ms. Barker received a call from Mr. Calhoun asking her to
conduct an on-site review of the V AMC's MCCR program, so that he could supposedly verify all
the bad things going on within its administration and get the Region's help in making changes.
Upon completion of her review---during which she found no real indications of any significant
problems with the local MCCR program---she so informed Mr. Calhoun. who Was reportedly not
pleased with her report.

14. During the course of the VA's Investigation, did the Department take a look at Mr.
Calhoun's previous employment record to see ....hether any similar harassment claims had
heen made against Mr. Calhoun In the past? U so, what did the Department lind out? U
not, ....hat has the V A found out since that time concerning prior complaints against Mr.
Calhoun?

Ans....er: The Inspector General conducted the VA's investigation at the time. The Inspector
General investigated Mr. Calhoun's previous employment record. We have since double-
checked his record, and have found no report of previous complaints of sexual harassment
against Mr. Calhoun.

15. In 1\193, Senator Barbara Mlkulsld, expressed concern with the VA's bandIIng of
sexual harassment compllllnu against a hospital director In Atlanta. In Senator Mlkulsld's
view, the VA Ipored complaints against the Atlanta Director that had beeD festerl"l for
years at that fadUty. III responoe to Senator MIIwIsId's c:rItIcIsm, the VA IIIIIIOIl1Ieed an
overhaul oflts sexual ~t poIIdes. SpedJIcaIly, the Secretary announced his "zero
4
 257

tolerimce" policy against sexual harassment; called for the institution of mandatory
training on the Issue for all VA employees; created a Departmental Task Force on
Harassment; and called for simultaneous review of sexual harassment complaints by the
individual hospital and by regional omclals. Please explain in detail how such changes
have been implemented and the status of these poUcies. Has V A Implemented these
changes? How has the V A measured the success or failure of its "zero tolerance" policy?

Answer: V A has implemented all of these changes. The following chronology explains the
actions taken by the Secretary in detail:

February 2. 1993 The Secretary notified the White House of his review of the
Department's EEO program, with special atter.tion to sexual
harassment.

February 10, 1993 Sent Depury Secretary Gober to Atlanta, GA, for an on-site review of
sexual harassment issues and the employment situation in general.

February 16, 1993 Issued an "All Employee Leuer," which:

Declared that sexual harassment was unacceptable conduct and

would not be tolerated.

Stated his strong personal commitment to prevent and eliminate

sexual harassment within VA.

Required that impartial reviews be conducted, and that, rompt

action be taken on all allegations of sexual harassment.

February 25, 1993 Issued a Circular which suspended the decentralization of discrimination
and sexual harassment complaint processing; delegated centralized
responsibilities to the Office of Equal Opportunity; and established a
requirement for higher-level reviews of all sexual harassment complaints,
by a level ahove that of the field facility in which the complaint arose, in
order to determine whether intervention is required.

March 9, 1993 Issued an "AU Employee Leller," which:

Required that all current employees receive a minimum of 4 hours

of training on the prevention of sexual harassment and the
discrimination complaint process, with refresher training every 2
years.

Required that new employees receive 4 houn; of sexual harassment

and discrimination complaint training within 60 days of their
employment.

Required that all EEO Counselon; receive training certified by the

Office of Equal Opportunity before performing EEO Counselor
duties.

Provided that employees be allowed to select an EEO Counselor of

their choice.

Transmiued a copy of the EEO complaint procedures to all

employees.

March 10, 1993 Authorized the establishment of an EEO Information Line (Hotline), to
provide employees and others a means of obtaining information and
advice ahout sexual harassment and discrimination, and how to report it

March II, 1993 Established the Secretary's Ad Hoc Work Group on Sexual Harassment, to

5
 258

address sexual harassment and other gender-related issues. The group is

composed of headquarters and field personnel, and is representative of
VA's diverse workforce.

April 6, 1993 Met with Harriet Woods, President of the National Womens' Political
Caucus, to discuss their legislative agenda for women and to discuss the
Department's plans for ensuring non-discrimination and advancement of
women in VA.

April 22, 1993 Met with his Ad Hoc Work Group on Sexual Harassment to share his
concerns and ask for formal recommendations. The Secretary directed that
the following recommendations of the Ad Hoc Work Group be
implemented:

Field facilities be permitted to add field-specific information to the

mandated 4-hours training on the prevention of sexual harassment
and discrimination complaints.

Field facilities be given credit toward the 4-hour training

requirement for training on sexual harassment and discrimination
complaints given after September of 1992.

An employee survey be conducted to determine the extent of

problems related to sexual harassment in the Department.

Conduct a study into problems related to the "glass ceiling" which

serves to limit the upward mobility of women.

May 18,1993 Met with Carolyn Kroon, President, and Brigadier General Pat Foote
(Ret.), Military Advisor, from Federally Employed Women (FEW), to
discuss issues of concern to women employed in the Federal Government
and VA.

May21,l993 Issued an "All Employee Letter," which:

Discussed the role employees played in preventing and eliminating

sexual harassment.

Provided a 3-page attachment containing guidelines on sexual

harassment and what to do about it.

May 26,1993 Issued an "All Employee Letter," which:

Expressed his concern about retaliation and reprisal for reporting

allegations of sexual harassment and discrimination.

Established a requirement for a higher-level review of all

investigative reports on EEO complaints of retaliation and reprisal,
by a level above that of the field facility in which the complaint
arose, in order to determine whether intervention is required.

June I, 1993 Issued a Circular which reported on problem areas related to sexual
harassment and discrimination complaints, as reported by the General
Accounting Office, and which required field facilities to review those
problem areas and report on what procedures were either in place or would
be put in place to correct those problems.

July 30, 1993 Issued an Interim Issue which:

6
 259

Established an enhanced evaluation program for internal reviews of

EEO policies and procedures, and on-site evaluations of field
facility EEO programs.

Established due dates for the 4-hour training on sexual harassment

and discrimination complaints, and for the 2-hour refresher courses
to be taught every 2 years.

Established selection and appointment criteria for EEO

Counselors, as well as training and continuing education
requirements.

Emphasized an employee's right to choose an EEO Counselor of

his or her choice.

Provided specific requirements for recording and reporting EEO

counseling activities.

August 2, 1994 Issued a Circular which:

Established incremental time limits for processing EEO complaints

by field, as well as headquarters personnel.

Established performance standards for EEO Officers (Field Facility

Directors), related to meeting the time limits imposed on them.

Established a requirement that every field facility appoint an EEO

Program Manager who would be responsible for EEO complaint
processing, and who would not be employed by the Human
Resources Management Service.

Provided guidance on the acceptance and processing of complaints.

Provided appointment criteria for EEO Investigators, and

procedural guidance concerning their operations and control.

Provided guidance concerning higher-level reviews of sexual

harassment and reprisal complaints, as well as concerning the use
of administrative boards in connection with those higher-level
reviews.

Provided guidance on compliance and reporting requirements for

EEO complaint processing.

May 27, 1994 Issued EEO performance standards for senior executives, which required
specific and measurable achievements in meeting affirmative employment
goals and in preventing discrimination and sexual harassment.

June 13, 1994 Circulated the Secretary's Performance Agreement with the President,
which included, as a major goal, becoming an employer of choice by
ensuring a work environment free from discrimination. Also established a
requirement that all managers and employees receive 4 hours of training
on managing and recognizing diversity.

October 18, 1994 Issued new VA policy on Disciplinary and Adverse Actions, which
specified that sexual harassment and discrimination was actionable
misconduct, and provided for reprimand to removal for a first offense,
depending on the seriousness of the misconduct.

August 16, 1995 Issued an "All Employee Letter," which reaffirmed the Department's
7
 260

Equal Employment Opportunity policy, to include "zero tolerance" for

sexual harassment and discrimination.

1995 to 1997 VA continued to build upon the Secretary's initiatives, by improving

training, complaint processing, and program oversight.

March 27,1997 Established a committee of senior staff in V A Central Office to review all
allegations of misconduct against senior managers and executives, to
ensure that all of them are treated consistently and in accordance with the
Secretary's "zero tolerance" policy towards sexual harassment and
discrimination, before any action is negotiated or finalized.

May 9, 1997 Issued an "All Employee Letter," which re-emphasized the

Department's zero tolerance policy for sexual harassment, discrimination,
and reprisal.

May 13, 1997 Established a Task Force to conduct a thorough review of V A' s sexual
harassment and discrimination complaints system.

Ongoing V A has several initiatives underway in the area of sexual harassment and
discrimination complaints processing. These initiatives include:

Development of a centralized reporting procedure for all

allegations of sexual harassment, whether initiated through the
EEO discrimination complaints process, or in other forums.

Development of a new on-site EEO inspection program, to oversee

and evaluate the effectiveness of field facility EEO programs.

Development of new EEO directive and handbooks, which will

improve the timeliness and quality of EEO complaint processing.

16. Have all VA employees been trained on sexual harassment Issues? Can you describe
for us the nature of the training that has been provided? Does the VA feel such training
has been useful in curbing harassment? What has been employee reaction to the training?

Answer: Almost all V A employees have received the mandatory 4 hours initial, and mandatory
2 hours of refresber training since 1993. Due to unusual circumstances, a few employees may
not have attended one training module or the other. The attached training module describes the
training in detail, and was used with the vast majority of V A employees. V A believes that this
training!tas been useful in curbing sexual harassment. Employee reaction to the training has
generally been positive.

17. Can you summarize for us the work of the Departmental Task Force on Harassment?
How many members are on the Task Force? Who are the members of the Task Force?

Have rank and file employees been Included in the Task Force and what is the gender
breakdown of the Task Force?

Was the Task Force consulted with regard to the allegations against Mr. Calhoun? Is the
Task Force generally consulted when allegations are made against high level V A officials?

Has the Task Force made any formal recommendations concerning VA's sexual
harassment poIicles and procedures?

Answer: The Task Force is officially called the Secretary's Ad Hoc Working Group on Sexual
Harassment. They have met on several occasions since 1993, to discuss sexual harassment and
the Department's survey on sexual harassment. Their focus has been on issues related to that
survey. Rank and file members were not included on the Working Group.

The Working Group consists of 14 members; 8 women and 6 men. The Chairperson is Patricia
McKlem, Director VA Medical Center, Prescott, AZ, and the members are Diana Bloss, Staff
8
 261

Attorney. Office of General Counsel. Pittsburgh. PA; Patticia Carrington. Special Assistant to the
Secretary. V A Central Office; Jose Coronado. Director. V A Medical Center. San Antonio. TX;
Harold Gracey. Chief of Staff. Office of the Secretary. VA Central Office; Gerald K. Hinch.
Deputy Assistant Secretary for Equal Opportunity. VA Central Office; R. LaMont Johnson.
Associate Director. Discrimination Complaint Service. Office of Equal Opportunity. V A Central
Office; Dorothy MacKay. Veterans Benefits Administration. VA Central Office; AIline Norman.
Director. VA Medical Center. Lake City. FL; Robert Perreault. Director. V A Medical Center.
Decatur. GA; Catherine Smith. Director. V A Regional Office. Denver. CO; Eloise Tamez. Chief.
Nursing Service. V A Medical Center. Brecksville. OH; Julius Williams. Assistant Director. VA
Regional Office. Washington. DC; Patticia Grysavage. Director. Office of Executive
Management and Communication. Veterans Benefits Administration. VA Central Office; Ellis
Jones-Hodges. Director. Affirmative Employment Service. Office of Equal Opportunity. VA
Central Office; and Fred L. Watson. Director. Field Programs Service. National Cemetery
System. V A Central Office.

The Worlting Group was not consulted about the Calhoun matter. nor is it routinely consulted
about individual cases. The Working Group's made recommendations concerning sexual
harassment policies and procedures. and they are included in the response to question 15 (see
April 22).

18. How ha'l the V A Implemented Its dual processing system for handling complaints? Are
all complaints investigated at both the fadlity and the regional level?

Answer: The "dual processing system" does not require any investigations. VA's policy is that
all complaints of sexual harassment are to be referred for higher-level review above the facility
level. to determine whether or not intervention is required to protect the complainant or V A until
such time as an investigation is completed. There is usually only one investigation; either by an
Administrative Board. or by an EEO investigator. depending on wbether the complainant has
chosen to file a formal EEO complaint.

19. Ha'l the VA had a policy in place that sets forth the criteria used to appoint EEO
Officers at the individual facilities? U so, what criteria is used to decide the EEO Oflkers?

Answer: By current internal regulations. the EEO Officer is always the field facility Director.

20. In cases where a senior manager has heen accused of harassment, please explain how
the V A will conduct Its Initial Investigation Into the allegations? Will these allegations
always be pa'lSed on to EEO or Human Resources personnel outside the facility, or will
some investigations stili be conducted by individuals employed at the facility?

Answer: Where a senior manager has been accused of harassment. it will always be repotted to
the next higher level of supervision (VISN Directors for VHA or Area Managers for VBA and
NCS). If a formal EEO complaint has been filed. an outside investigator will always be
appointed by the Office of Equal Opportunity in V A Central Office. The complainant
determines whether or not a formal complaint will be filed. If one is not filed, an Administrative
Board. composed of outside employees will be convened. if the Director is involved. If the
Associate Director or the Chief of Staff is involved. there may be some local members appointed
to the Administrative Board who do not work under the supervision of the alleged harasser.

21. The EEOC ha'l testified that Its gnidelines require the VA to complete its Investigation
of a sexual harassment complaint within 180 days. What has been the VA's record with
regard to this l8O-day reqnirement? Has the V A typically completed its investigation at
the conclusion of the l8O-day period?

Answer: For the 12-month period ending April 30. 1997. the VA-wide average for all reports of
investigations containing allegations of sexual harassment was 199 days.

22. Secretary Gober, ha'l indicated in hioi testimony that the VA seriously considered
removal of Director Calhoun from the federal service, but decided not to pursue this course
because of concerns that the Merit Systems Protection Board or the Courts would not
uphold the removal. What message does that send to V A employees regarding VA's zero
tolerance" policy? Does "zero tolerance" truly mean that the V A will tolerate
9
 262

substantiated allegations of harassment unless it is confident its disciplinary action will be

upheld by the courts?

Answer: No. However, in this case, V A determined that the risk of not prevailing made it
necessary to negotiate a settlement which assured Mr. Calhoun's removal from the Director's
position in Fayetteville, and from the SES. In every substantiated case of sexual harassment, VA
will pursue the most appropriate discipline. In retrospect, considering all of the evidence of
misconduct, including the sexual harassment charges, VA may have been incorrect in its
assessment that disciplinary action could not have been sustained on appeal.

23. In spite of the fact that she transferred to the Durham VA Medical Center and was
unhappy with her Job responsibilities at Durham, Mr. Calhoun stated in an interview with
the OIG that Ms. Force had not suffered because her pay had not been reduced. Does the
Department agree with Mr. Calhoun's stated opinlon that Ms. Force did not suffer? (As a
result of her transfer and assumption of new Job responsibilities she didn't enjoy?)

In view of Mr. Calhoun's views, does the Department believe the reassignment of Mr.
Calhoun with no reduction in pay was a disciplinary measure? Based on hls attitude
expressed to the OIG, do you believe Mr. Calhoun considered his reassignment at the same
pay a disciplinary measure?

Answer: VA does not believe that the retention of existing salary levels is the sole criterion for
determining an employee's level of satisfaction in their employment VA recognize:; that Ms.
Force's transfer to Durham and assumption of new duties may have significantly reduced her job
satisfaction and caused dislocation in her personal life. Therefore, VA does not agree with
Mr. Calhoun's opinion that she did not suffer.

VA believes that the fact that Mr. Calhoun had to resign from the Senior Executive Service, and
give up the prestige, influence, authority and autonomy associated with being a medical center
Director was a severe degradation of his employment situation, even though he did not suffer an
immediate reduction in his pay.

10
 ----263

Attachment to Answer to Question # 16

from Hon . Lane Evans . (Training Mo dule)

THf ppr-VC['JTlON 0, SI XUAI IIAIiASSMI ~IT A~JD THE

DISCRIMINATION COMPLAIWS PROCESS

Congratulations!
You have been selected to assist in a very important training
initiative - entitled "The Secretary's Initiative on The Prevention of
Sexual Harassment and The Discrimination Complaints ProcesS.
The Secretary o(Veterans Affairs has required 4 hours of training for
every VA employee In these two EEO program areas by December 31,
1993. In addition he has required that all employees receive a
minimum o( two hours refresher training every two years, and new
employees must receive training within 60 days of employment. This
training module has been designed to assist you in providing two
hours of training at your facility. It may be used in total, in part, or be
tailored to meet any specl~c requirements that your factltty may have.
This module Is also a supplement to a two-hour videoconference to
be broadcast on August 24, 1993, that will provide the latest J
in(onnation on Identifying and dealing with sexual harassment as wel~
as detailed steps (or processing EEO complaints of discrimination. '
This videoconference and the presentation o( the in(onnation
contained In this module will complete the Secretary's Initial
reqUirement (or trainIng. Detailed in(onnatlon has also been provided
to help you prepare for the broadcast.
1am very appreciative o( your efforts to assist the Veterans Health
Administration In this malor training program.
Sincerely,

T.J. Hogan, Director

Management Support O((tce
 264

CREDITS

This instructional course was designed by the Management Support

Office, EEO/Civil Rights Staff in co-operation with Regional EEO Offices
and the Office of Academic Affairs.

This Instructional course Planning Committee

book was produced by Ronald Bryon
Learning Resources Center, Regional EEO Monager
Western Region
Washington, D.C.
Arthur Goff
Klmluama CIvI Right. Advisor. Management Support Offlce
Director VACO. Washington. DC

Morgan Bantly RICardo G~alva

Associate Director Regional EEO Manager
Eastern Region
Jon Hirschfeld
Producer T.J. Hogan
Director. Management Support Ottlce
Stephen Czalka VACO. Washington. DC
Graphic Artist
CMstlne Nieman
Regional EEO Manager
Central Region

Robert Nooner
Regional EEO Manager
Southern Region

Rita lowe Reese

Program Analyst. Management Support Office
VACO. Washington. DC

Douglas Stewart
Human Resources Manager
Western Region

Mary Ann Totman

Chief. Program Design 8t Development Division
learning Resources Service
VACO. Washington. DC

Janet Thompson
EEO Speclanst. Management Support Office
VACO. Washington. DC
 265

TABLE OF CONTENTS

Facilitator's Instructions

Background Letters and MSPB Study Summary

Part 1 Background, Policy, and

Definition of Sexual Harassment
Numbers 1 thru 13
Activity One (# 13)

Part 2 Identifying Sexual Harassment: Its

Effects and Consequences
Numbers 14 thru 25
Activity Two (#25)

Part 3 The Discrimination Complaints

Process: Steps In the Informal Process
Numbers 26 thru 42
Activity Three (#27)

Part 4 Discrimination Complaints: Steps

In the Formal Process
How to Prevent Sexual
Harassment
Numbers 43 thru 47
Activity Four (#47)

Additions
266

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TIlE PI!rVENTION OF Sr-XUI\L HI\RI\SS~[~IT AriD THE

DISCRIMINATIO~I COMPLAI~JTS PROCESS

Please read the notes below

Instructions
before using this course.

This training course has been designed to assist clarity and explain the pOints being mode. All
you In providing two hours of training In 'The or some of the supportive Information may be
Secretory's Initiative on the Prevention of Sexual used at the facilitatar's discretion: the faCilitator
Harassment and the Discrimination Complaints should feel free to odd additional studies,
Process' at your health care facility. The course illustrations, or anecdotes to help get these
may be used to provide two of the four hours of pOints across.
mandated training and/or may be used In
total, In port, or may be tailored to meet any 3. Four Reproducible Handouts
specific needs for training. We strongly suggest These are activities designed to stimulate
that you do a 'dry run' With your colleagues discussion and participation In your training.
before your first session. ThIS will allow you to The four acllvltles should be photocopied for
become familiar with the manual, the different distribution to attendees at the beginning or
materials, and the length of time required to end of each section. An annotated facilitator's
complete the session. copy remains In the book, for your reference
during the discussion.
The cour.e I. organized Into 4 pari.:
-Part 1: Background, Policy, and Definition of Before each training leilion. do the following:
Sexual Harassment (1-13) 1. Reserve a room and an overhead projector
-Port 2: Identltylng Sexual Harassment: lis for the training. You will need 2 1/2 hours,
Effects and Consequences (14-25) Including set up time.
-Pori 3: The Discrimination Complaints
Process: Steps In the Informal Process 2. Make the transparencies. There Is a large
(26-42) number of them (almost half the bOOk), so be
-Part 4: Discrimination Complaints: Steps In sure they are mode In advance. You need to
the Formal Process, and How to do thIS only before the very first session because
Prevent Sexual Harassment (43-47). they can be reused for each successive
training. After the transparencies are mode,
Within each .ecllon there are: replace the masters In their positions In the
1. Transparency Masters book (they are numbered; place them before
These Illustrate the facilitator's notes and the corresponding facilitator's notes), for
statement.. To use them, they must be reference durtng the sessions.
removed from this book and photocopied onto
transparency film suitable for overhead 3. Set up an overhead projector to show the
prolectors. If you need assistance to produce transparencies.
the transparencies, you should be able to get
help from your VAMC Medical Media. We have 4. Photocopy the sign-up sheet from this
Included In this section 2 blank transparency section. Make enough caples to lISt all the
master. to use at your discretion. attendees' names. Put It on a clip board so It Is
easily seen and doesn't get lost.
2. Accompanying Facilitator's Notes
These notes accompany each transparency 5. Photocopy the activity pages. Make
master and reference them by number. They enough for each trainee to receive one of
Include supportive background Information to each.
 268

How to structure the ,e"lon

Before the trainees enter, place the nrll Remember Ihat this Is a lIexlble course and you
transparency on the overhead proJector so It may wont 10 tanor your presentation 10 your
can be viewed as they come In . particular audience.

Have each trainee sign In as he or she enters. If you have more questions. contact your
Note that employees will be given credit on Regional EEO Manager. Keep Ihls book. As
their official training record for attending the changes are mode In policy, revisions will be
course, and that the sign-up sheet will be used senl oullo lacililalors to keep Ihe course as
by Medical Center directors to certify that current as possible. 8e alerllo events In the
employees have attended the training. news; Ihese can help you lIIuslrate pOints
presenled In Ihe book .
Greet the tralneel and begin the session with
facilitator's note 111. Thank you for laking Ihe lime 10 be a tacilitalor.
Good lUCk.
Continue with subsequent transparencies and
notes, following any Instructions. You can
control the presentation of Information by
FaCilitator'. Nol. aboul Ihe naltonal
covering a transparency with paper, exposing
vld.oconfer.nc. The Secrelary'.
data when you are ready to discuss each
tnillatlve; Th. Pr.ventlon 01 S."ual
point. In the Instances where there are lengthy
Haraum.nl and Ihe Dt.crlmlnatlon
illustrative notes, you may summarize the Complalnl. Proc ;
contents as long as the Important points are
mode. You are encouraged to supplement
On Augusl 24, 1993, from 1:30-3:30 pm
Ihe materials with relevant anecdoles and
ET. The Velerans Heallh Admlnlslrallon will
Information of your choice.
hold a Iwo hour vldeoconference,
lealurlng Secretory Jesse 8rown . II will
As Ihe session progresses, show each
locus on Ihe Prevenllon of Sexual
transparency and follow corresponding
Harassmenl and Ihe Dlscrlmlnallon
facllalor '. nolea.
Complolnl. Process.

Break up Into sma. group. for exercise. (see

This broodcaslls required viewing lor on
following note on larger groups).
VHA employees. Please ensure thai all
partlclpanls sign Ihe sheel provided when
During the session, allow time for general
Iheyenler. Employees will be given credit
comments and questions from partiCipants.
on Ihelr ol"Clallralnlng record lar
attending the course. The sheel will be
Sugge.tlon. for large groupo:
used by Medical Cenler dlreclors 10
We suggesl Ihal when training a large group,
cerllfy Ihal employees have attended Ihe
you break II down Inlo amaller groups 10 Iralnlng.
faclillale discussion. Ask Ihe smaller groups 10
discuss Ihe handouts among Ihemselves for
For Ihose employees unable 10 attend Ihe
aclMties 1-4, at Ihe approp~ale lime. Exercises
lralnlng. VHA will provide a recording of
toke about 4 mtnules 10 read, wllh additional
Ihe evenllo each Medical Cenler. EEO
lime needed lor discussion. Then you may lead
Iralnlng laclllialors ore requesled 10
Ihe larger group In dfscusslon, asking each
ensure and cerllfy Ihal all employees In
smaller group 10 represent their collecllve
your laclilly view fhls Vldeolape. using Ihe
Ideas.
sign-up sheel provided In Ihls book.
 269

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lJl' C;(:;':' I ! \ - I=: CU' "f'[ ,\: 'i I I)()( I ~~

Sign-up Sheet
PAGE _ _ Of _ _
MEDICAL FACilITY LOCATlON DATE OF TRAtNlNG FACllnATOR'S NAME

All ATTENDEES WILL RECEIVE CREDIT FOR ATTENDING THIS TRAINING. PLEASE
SIGN IN TO ENSURE YOU GET THIS CREDII
NAMI ISN , (OmONAl) IECnON ROII11NG IYMIOl
270
271

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 272

THE SECRETARY OF VETERANS AFfAIRS

WASHINGTON

FEB 16 1991
TO ALL EMPLOYEES

I am proud to work with you serve

to our Nation's veterans and am
strongly committed to prav1dmg a work envIroament that Mlects the diversity
of those who have aened our CountJy. 1brougb an ef[~ Equal Employ-
ment Opportwdty CEEO) Program. I belIevoe we can make this happen at every
level of our crgan1zat1on.

My goal IS to eliminate dIScrtadnatoIy pra.cUces in delivery of aerv1ces

and in the workpJace. I am BtroDg\y CDDmItted to providing equal opportunity
to all and to eJimlnattng dJaC:r1mInat1on 111 employment based on race. color.
religion. sex. age. national adgtn. and dISabIlI17 - wherew:r It ma;y ocx:ur. All
employees will be expected to gtve the highest IeveI of respect. courtesy. and
support to one another and to those we serve. I am also strongly committed to
the prevenUon and e1lm!natfon of eemal baraasment 111 the Department.
Sexual harassment IS tnappropdate and UJUU:Ce.Pf8b1e conduct that will not be
tolerated. AllegaUons of eemal baraasment must be addressed ImmedIately
and all employees raISIng complaInts of dIscrtm!nat1on must be prav1ded
prompt. f'aIr. and ImparUal review and handllng of thelr compJaJnls.

To acbfevoe ai.y goal. It IS necessary Cor aD managers and BUperVISorB to

carry out an efl'ecuve afJlrmaUye employment program that will brtng about
fwther diversity in the workplal::e and belp employees reach thelr career goals.
I will bold aD managers and supervSaors ac:countable Cor taking an act1ve role in
ensuring that employees under their supervISIon are treated faJrly. 1 also
charge managers and superYlSor8 to reach out and n=u1t the very best
indiViduals from all sources for employment; and 1 call upon them to belp
advance employees to thelr highest potential. These pract1ces not only promote
the EEO Program but are good management pract1ces.

1 am committed to expanding the Department's Em tralnlng and

awareness act1vtUes and to taklng whatever other act10ns are required to
achlevoe a VA workplace free from dlscr1mlnaUon and sexual barassment. 1 ask
you to Join me In thls Important efi'ort. Working together. I am confident we
will succeed.

Dlst: RPC 6006

 273

THE SECRETAflY OF VETERANS AFFAIRS

WASHINGTON

MAR 91993
TO ALL EMPLOYEES

On Februmy 16. 1993. I Issued an All Employee Letter" 8taung my strong

eommftment to prevention and elimination of d1scrUnInation and sexual barusment
In the Department ofVetenIns Affairs. 1b1a Is a fonow-up to share With you the initial
steps being taken to achleve. this goal. .

Several slgnlftcant cbsnges bave been proposed In the pollciles wblch govern
VA's discrlmlnatlon complsInt program. Subject to approprtate unlon negotiations
these changes wtn be Incorporated In VA polley. 'lbe key propoSals are descrtbed
below:

The Office of Equal OpportunlfJ wtll monitor the aufBclency of EEO

complalnt processing operations and aftIrmatIve employment
accompUsbments at field facilities through comprehensive program and
on-slte ewluatlons.

All current VA employees must receive a minimum of 4 hours training on

the prevention of sexual harassment and the discrimination complaint
process as early as pracUeaJ and before December SI. 1993. and thereafter
must ncelve a minimum of2 hours refresher tmlnlng every 2 years.
Employees new to VA must receive training Withln 60 days of employment.

Part-time EEO counse1D111 sball be appolnted for a apedflc term not to

exceed 2 yean; and may be reappointed for additional terms at the
discretion of the EEO Officer.

All EEO counselors must receive training certIfted as adequate by the Office
of Equal Opponunll berore counseling an;y employees. Both full-time and
part-time EEO counselors must receive cerUfled refresher training at least
once every 2 years.

Employees must be allowed to select an EEO counselor of choice from

among the EEO counselors seMng the faclllfJ where the event In dispute
arose.
Attached for your information Is the revised discrimination/sexual harassment
complalnt procedures which became effective October 1. 1992. They were Issued by
the Equal Employment OpPortunll Commlsslon to Improve and speedup the
processing of EEO complalnts.

As we take other steps to Improve the VA work environment. I wtIl report what
Is being done. Agaln. I ask for your support and active part1c1patlon In thls Important
effort.

Attaclunent

DIst: RPC 6006

 274

DEPARTMENT OF VETERANS AFFAIRS

DEl'InY AssIsTANT SEcllETAIIY FOR
EQUAL EMPl.oYMENT 0f0I00ImINITY
WASHINGTON DC 20420

DISCRIMINA110N COMPlAINT PROCIIDURIlS

A. Autbority for the Comp1aiIIII'Iocea

'!be admIDIsIntIve complalDt process Is aadaorIzaI by the QvD RJabII Act of 1964, as UIeIIIIed; the Ale
. DiscrImIDadoa III Employmeat Act of 1967, as llllellded; IIId the ItebabDItIdoa Act of 1973, as llllellded.
AD Ac:cs delepte respoaslbllity 110 the Eqaa1 EaIpIo,meat ()pporIaDIty ConnnJssion (EEOC) 110 ~
replatioas .midlld forth the panIca1m of the CDIIIpIaiDt process. '!be EEOC repllItioas Ire pubUshed III
Tille 29, Code of Federal RepJadoas, Part 1614.

The bases for filing compbiDIs Ire oadlDed In those replatioas. They provide for the KCqICaDce of
complliDls from uy empIcIyee. or Ippllclllt for ~ wbo belieeldml he or she has beeD
discriminated apiDst on the basis of nee. color, n1JpJa, MIt, IIIIioaII oricID. lie, disability or III nprisaI
for baviJII opposed sudl discrimiDadoD.

B. Processing Stages

I. InfonnaJ StaR The aur\eed perma mast first leek --iDa rz-ID EEO CoauseIor moat the
_ c:aasID& him or her 110 believe dml he or IIIe his beeD diIcrImIIIIted . . . . . wIthID G aIeacIar u,s of
the dille of oc:curreaee. '!be EEO CoaDseIor wDI thea make 1IIIIlever1DqalrJ Is ~ II1II wDJ IIIeIIIpt to
leelc a lOIutiOD 110 the DIllIei' on ID IDformI1 basis. The CIOIIIIIeIor Is required 110 keep a record of bIs or her
activities IDd to complete counseling withID 30 c:aleadar da,. of IDIdaJ 00IIIaCt with the aurieYed pezma. If
counseling c:annoI be completed withlll 30 cslendar daJl, the CIOIIIIIeIor amst obtaID the wrIUeo pennIssIoa of
the aggrieved person for an extensiOD. The requested extension may DO( uceed 60 calendar . , . (for a toW
of!lO calendar days after inltill c:omact) under allY cin:u1llSWlCes. Additionally, the wriuen permission of
the aggrieved person regarding an ext_Ion mast be obcaIDed prior to the ea4 of the 30th c:aIenclIr da,. If
the written permission of the aggrieved penoa to exteDcI this period Is DO( obtaIDed before the ea4 of the 30th
cslendar da, after Initill contact. the counselor mast Issue a Notice of FIDIIlDterview to ebe complalnmc on
the 30th calendar da,. Should counsel ill, acdvItIes be completed prior to eKplratlon of the 30 cslendar da,
time limit, the counselor Ihlllissue Ihe Notice of FiDIIlnterview to the complainant at that time.

2. fonnll Complaint $taR, The complaint mast be reduced 110 writlDa, liped by the complalaant and
submitted to either the EEO Officer, the Deputy Assistant Secretary for EquII ()pporbmIty or the Secnwy
of Veterans Aftain, w1thill15 calendar da,. of receipt ofebe wrIaea Notice ofFmallalervlew. Complaints
are usually IUbmitted on VA Form 4939, but any written document CODtaiDID& ebe lame lDformation Is
acceptable. Authority to accept a complaint Is delegated to EEO Officen at VA field instaIllItioas.
However, in ebe VA, only the Office of Gena Counsel Is autborlz.ed to dlsmlss or reject a complaint.

3. Investigative SIIR If a complaint Is accepted, ID IDvestiptor will be asslped to ebe ease. The
penon assigned may not be ID employee of the instillation .mere ebe complaint UOIe. The IIIvesti,lIOr Is
authorized to talce llatemeDlS from witnesses, under oath and without pled,e of confidence, ,ather pertineDl
documents and records and conduct whatever other illquiry may be Decessary. An investigation of
complaint must be completed within ISO cslmdar da,. of Its filing. unless the parties agree In wrItillg to
extend this period. The investigator must wemble the file aOC prepare ID investigative report, which
summarizes the evidence gathered.
 275

4. Myjumcm o(RlrJus Tbe EO Ofticu wUl am I ClIJIIIIIIete CXJP7 Of 11M npon of ~

IIon& widllII acMsement of rtpts .... 10 tile ~ . , 10th. COIIIpIoIoantS.....-m (If Illy).
Pununt 10 29 CPR 1614.IOI(f), tile IIIMIaa of rIPIs ... wIIIda Is ......-s 10 tile COIIIpI ....... bla
III' ber representative upoD c:oatpIedoa of dlelllvadpdoD IIaII1 DOtIf71hc compIaiaaDItbat, wlthla 30
calendU' da" of receipt of the IDwsdaadve file, die CIOIIIpIoloant lias the rIIbt 10 request either I beariDa
before 1ft EEOC ,ldmlnisUative Judp followed by I FIlIal A&ertr:7 DecIsion ~ die VA Oftiee of <>-raJ
Counsel, or III Immediate FilIal ApDcy Deelslon from the VA 0ftIce of a-aI CouDIeI. widIout JaeariD&.

5. Hearing Slue. 'If the eomplailllllt eIecIs I""'. the comptaillt wflllIe tnIISIIIlued 10 die _ _
office of Ibe EEOC for asslJlll1leat 10111 ~ Judp. 'DIe AdmiDIs1ndYe Jud,e wUl nv\ew the file
ID derermine If furIber investigation Is~. If DOlle Is - , (USUIIly _ wDl DOt lie), the
AdministntiYe Jud,e will schedule !he beMiIt& for a -.leal time and place.

A1tbouab more Informal. die beMiIt& wDllIe CIDDIIucced .. I _1imIIar 101 COUft trail. WiIDeae5 will
be called to testify and -r lie _IIIIiDed by die comptl" II1II I npnIeIIJlIYe of the VA. 'I1Ie
bearing will be recorded and trIIISaibed -wm. All ~ aabmIaed by the paniellIIIIlCCIipIed by
the AdministnliYe Jud,e will be eaund InIO the ncord. Upon compIedoa Of the 1tearIn&. the AdmIaistrativel
Jud,e will prepare III anaJysls. findlnp. and l6COIiUiiended clec:ision "ludina !he eompIaiat, wbida will be i
forwarded to \be VA OffICe of GenenI Couasel foI' I fiaallleaey decision. '

6. Flnll Agency Dec!s!op Stue 'DIe VA 0IIIce of a-aI CouDIeI wDl prepue die fIIIa\ aaeacr
decision on the complaint. If there bas II.- a bearlaa. the Office of a-aI CoUIIseIlllly epee or dlsapee
wllb Ibe recoaunencled decision of the AdmiJIlstraIm Jud,e. The fiaaI cleclslon of the Aacaey wUl acldnss
all Issues in the complaint; find diserimllladoo or find 110 dlscrillllllllion; and IIIvIse the CIOIIIpIoIoant Ofbis or

~
~~~c':u~ \be decision to the 0IIIce of Federal ()penlIons. EEOC. or to file a dvIJ ICIIoa In Federal

7. Appeal Stage. If the complainant dlslar- wltb the fiaallleaey cleclslon, be or abe l1li)' filelD appeal
lib the 0IIIee of Federal OperatIons. EEOC within 30 alendU' da" of receipt of 11M fiaaI apacy
declsion. If !he appalls timel,. the EEOC wUl llljuclicae the -.plaint. The appetiate decision Of the
IEEOC Is (mal and bindine on both panieI, ualesa ellber put)' limeIy requests reopeIIIne ud rec:oasIderaIio
by the members of lIIe Commission (i.e:. the Presidattillly appoinIed Conunisslooal Of the EEOC).

8. Reopening and Recaosjdmt!og Slue If eitIter die complainant or VA disaar- wlda the appellate
clecision of the OffICe of Federal Operadoas. OPe or boch -r request reopenin& II1II reCIOIIIIderado by the
Commissioners of lIIe EEOC wllhiD 30 alendU' da,. of receipt of III appellate decision by 11M EEOC. or
wllhin 20 alendU' da" of receipt of III OPPOSIa& party', request for reopenln& II1II _1deraI.ioa. The
pany requesting reopenine must clemomtrale IbaIlbere is _II1II material evJcIeece wbic:h _ DOt reIIIlly
IVIlIabie II Ibe time of lIIe appellate cleclsioa; or lite appelille decision involved III erroneous lnIerprerllion
of llw or reaul'lions or misapplication of established policy; or lIIe appelille decision Is of sudI u~ional
nature IS to have etrect beyond the case at band.

The decision of the Commissioners compleres the IIIministnlive process. The complalnam, however, -r
file a civil action I. US. DistJic:t Court. Also, civil aclioa ripu accrue IIIII)' time lfIer 110 alendU' da)'S
from \be dIIe lIIe c:omplaint _ flied, If there bu II.- DO finalllcaey decision or 110 alendU' da,. efler
filin,M appal wIIb EEOC, If lIIere bu bet~ DO appeliate decisioo. A dvIJ aclloft my IIso be filed withiD
90 calend.r dl1l of receipl of III appelille decision from EEOC (or from the Coaunissionen of EEOC afIa
a rC4Ut51 to reopen).
 276

VIlA. DIREC11VE 10-93-056

MayU,1993

1'0: Rest-l DlrectCll'l; Direc:tCll'l, VA MedicIl Ceater Ac:thltia. Domiciliary,

OatpaUnt CIbliCl, md Reaianal Offices with Oatpatieat ClbliCi
SUB,: VHA (Vet_ Health AdmInistration) PoUcy far i'nIYeRtion of Sexual
~t

1. PURPOSE: The JIUl1IOH of this VHA (Vet_ Health AdmIDIstration) directive is to

re-1SSUe policy for implemeotiDg the Program for the l'nIventlGa of Sexual Harassment
In VHA. This directive replaces VHA Directive 10-93-02&, md will DOt be iIIcorporated
into a manual at this time.
2. POUCY: It is the policy of VHA to maintain a work eavironment free from sexual
harallmeot md intimidation. Sexual harallmeot iI uaacc:eptable cooduct in the
workplace and will DOt be tolerated. ThiI policy applies to all employees UId covers
employees outside of the workplace while ClOIIIluctiDa lOYemment busiDea, and
nonemployees while concIucting business in the VA workplace.
&. Sexual harassment is a foan of employee misconduct wbich seriously undermines
the integrity of the empJo,ment relationship. Specifically, sexual harassment is
uilwelcomed sexual aplDCes, requests for aexue1 favors, and other verbal or physical
conduct of a sexual uature when:
(1) SulmUssicm to sucb cooduct is made either explicitly or impljcitiy a term or
condition of employment;
(2) Submission to or rejection of such conduct by an individual is used as a basis for
employment decisions affecting such individual;
(3) Such conduct has the purpose or effect of unreasonably interfering with an
individual' 5 work performance or creatina an Intimidating. hostile. or offensive work
environment.
b. Jokes. remarks. teasin8. or questions that contain sexual overtures can also be a
form of sexual harassmllllt and are not acceptable in a professional work enviroMient
and will not be condoned.
c. Managers. supervisors. and employees should become thoroushly knowleqeable of
what constitutes sexual harassment and responsive to l1li)' form of improper behavior
that could lead to such allegatioas.
3. ACTION: It is imperative that VHA officials at the field and Central Office levels
be iiiliiIiCOmpliance with both the spirit and intent of Agency and Department policy as
wen as all other applicable federal regulations. All employees are expected to refrain
from all forms of sexual harassment. Any employee en.aling in sexually harassin.
activities may be subject to disciplinary action. Managers and sUpervisors who tolerate
such behavior by failin. to take appropriate aclion, or who retaliate against employees
who report incidents or file formal complaints of sexual harassment may aIao be subject
to disciplinary action. Persons who believe they are victims of sexual harassment should

THIS VHA DIRECTIVE EXPIRES MAY 12. 1994

 277

VIlA DIREC11VE 10-11-056

Mayt2.11113

addrea the iDcicleat tluoush the ApacJ'. Em (EquIl Emp\oyment Opportllllity)

DiJcrimination Compllintl PlOCess or the Ualoa'. aeaotiated pievance plOCeciure.
Alle,ations of such conduct will be responded to Immediateq, appropriately, and with
the seriousness they desene.
4. REFERENCES

L MP-7. part [, chapter 2. sectioa F.

b. Sectioo 703 of Title vn of the ClvIl RiBhta Act of 1984.

c. Reorsauization Plao No. 1 of 11178, issued JIIIl'IWIIIt to 6 U.S.C. (United States

Code), 9Ot, et seq.
d. Executive Order 1%106 (44 F.R. 1063, J.-rr 3, 11179).
6. JlQUOW-UPRESl'ONSIBIUTY': DIrector, Naapmeat SUpport Office (t63A).
6. RESCISSIONS: VHA Direc:tlve 10-13..(126 ill rescinded.. 1bis VHA directive mcp1res
on May 12. 1994.

11~f
DISTRlBU110N: CO: E-mailed 6112/13
FLO: RD. MA, DO. ae, aeRO IIIId 200 - FAX &/t2/113
EX: Boxes 104, 88, 83, 80, 64, 52, 47 and 44 - FAX &/12/93
 278

DEPARTMENT OFVE1!RAN8 AflllAiRS

V _ H..Ith~
Washington DC 20420

11.10-12-030
","'-lIeforTo: 163
October 23, 1992
CHIEF MEDICAL D~CTOR'S INPORMAmN LETTER
TO: Regional Directors; Directors. VA Mec1lcal Center Actl"'tfes. Domiciliary.
Outpatient Clinics. and Regional Offices with Outpatient Clinics
SUBI: Sexual Harassment in the WorIcpIace

1. The purpose of this letter Is to lIIIIJ.lIwI.ze that IMIJCIIIl harusment Is a deme8IIIDg

form of behavior that 1$ IIOt acceptable 8IId wlllllOt be tolerated in lIIIJ VIlA (Veterans
Health Administration) facll1ty.
2. VHA management off'lClals sbould lead the effort to eliminate all vestllt_ of sexual
harassment. and the attltude and culture that promote it. f _ the workplace. Each of
you needs to take personal charge of the effort to prevent mil eUmlnate sexual
harassment at JOUr facUity and _ _ that every employee mil manaaement official
underst8llds the VHA polley and my expectations 011 this import8llt issue.
3. VHA bas already taken a proactive role in this direction. A wrlttenpolley. contained
in VHA Circular 10-91-141 dated December 9, 1991. has been established. 1bls polley
includes:
.. Sexual harassment f$ a key module in tha EO (Equal Employment Opportunity)
training for managers and supervisors with tome 19.000 supervisors and manaaers
having already received this training over the past 3 J1lars.
b. To aid oversight on this matter, EO staffing in eech of the Regional Directors
offices will be enhanced in FY (Fiscal J1lar) 93.
c. A sexual harassment training module will be presented at the 1992 SenIor Manaaers
Conference.
4. Now Is the tlme. if it bas not already heen done. to _ _ the cUmate within your
facUity to detennlne where you are and what needs to be done to nurture an
envirorunent free of sexual harassment. 1bIs Is the right thing to do for O'or emploJees
and our veteran patients and I mow that t can depend on each of you to act with vigor

M"_tl~~. 4--.J.~D.
({c~~~~iCaI Director
DISTRIBUTION: CO; &-mailed 10123/92
FLO: RO, MA, 00. OC, aeRO and 200 - FAX 10/23/92
EX: Boxes 104, 88. 63, 60, 54. 52, 41 and 44 - FAX 10/23/92
279
 280

Exe~utive Summary

This report discusses the results q{ a moJur 1987 survey and study
dealing with sexual harassment in the 1'lIderal workplace. It
marks the second time the U.S Merit Systems Protection Board
hasfocused on this important topic. As an u~ the n1J)OTt pr0-
vides some contrasts and comparisons with data gtJ/JIsmd in the
Boards first landmark study q{ sexual harassment in 1980. It
details findings on employee attitudes toward and experiences
with uninvited behavior q{ a sexual natu.... It also describes the
actions FI1deml agencies have taken in their tdJurts to reduce sex
ual harassment, and the finaru:ial as weU as human costs when
those tdJorts fatt shurt. The n1J)OTt reviews relevant case law that
has developed. over the last 7 yean; as the Board and the courts
have SOU!Jht to dlifine the legal rights and redress for victims of
sexual harassment. It concludes with recommendations fur future
action within the Government.
Background
In late 1979, the Subcommittee on kind" broad-scale survey of the at
Investigations of the U.S. House of titudes and experiences of a
Representatives' Committee on representative cross-section of
Post Office and Civil Service re- both selfidentified victims and
quested that the U.S. Merit nonvictims within the Federal
Systems Protection Board (MSPB) Government.
conduct a thorough and In 1986, on its own initiative,
authoritative study of sexual the Board decided to conduct a
harassment in the Federal followup study on sexual harass-
workplace. The Board was asked ment to detennine what changes,
to carry out the study since it is if any. had occurred in the Federal
an independent, quasi-judicial Government since the time of the
agency that decides appeals from first study. As part of this
pel'9Onnel actions taken against followup study, which was con-
Federal employees and conducts ducted in 1987, a Questionnaire
studies of the civil service and that replicated much of the
other merit systems. It is responsi- original survey was used so
ble for protecting the integrity of responses for 1987 could be com
the Federal civil service system pared with the 1980 data. The
from abuse. Questionnaire was sent to a
The initial study of sexual representative cross-section of ap-
harassment conducted by MSPB in proximately 13,000 Federal
1980, with a final report issued in employees, and 8,623 employees
early 1981, was a "first of its responded.
 281

Research Design Une of' the dimcltltl~ inherent Summary of Findings

in .ny di~UMion of MCxunl hara.,'4~
The data in' this report are based ment Is that the tenn itself Is 8 Compared to 7 years ago.
primarily on employee question- "term of art" .thaI. holds different ~eral workers are now more
naires distributed Governmentwide meanings for different people. In inclined to define certain types
in 1980 and 1987. Th obtain trend late 1979, the U.S. Office of Per of behavior .. sexual harass-
data, the Board'. 1987 question- sonnel Management (OPM) lsoued ment. FOr example, in 1980 ap-
naire repllalted many of the ques- a policy statement that defined proximately 77 percent of all
tions from the 1980 survey_ The sexual ha......,ent as "deliberate employees considered uninvited
1987 survey was sent to approx or repeated unsolicited verbal pressure for dates by a supervisor
Imately 13,000 fulltime perma comments, gestures, or physical to be sexual harassment. In 1987
nent F\!deral employees duri ... contact of sexual nature which that percentage had Increased to
March 1987, and 8,523 employees are unwelcome." In 1980 the Equal almost 84 percent. Likewise, In
responded. The respondents form Employment Opportunity Commis- 1980, 84 percent of male
a representative c:ross-section of sion (EEOC) Issued guidelines on employees and 91 percent of
Federal employees. In addition, in unlawful discrimination because of female employees considered. un-
December 1986, a formal informa- sex that expanded this definition. wanted supervisory pressure for
tion request was sent to the heads EEOC specified, for example, that sexual favors to be sexual harass-
of the 22 largest F\!deral depart conduct of a sexual nature could ment. In 1987 those percentages
ments and agencies to obtain rele- be considered sexual harassment if had increased to 95 percent and
vant data on their institutional It created ''In Intimldatln& hostile, 99 percent, respectively. Similar
efforts to reduce sexual or offensive working environ- changes were seen in employee at~
harassment.- ment." The EEOC guldellnes also titudes about most otMr tyPes of
noted that a determination of the behavior.
The incidence data on sexual legality or alleged sexually harass-
harassment contained in this iII8 conduct would be made from In 1987, 42 percent of all
report ~ based upon the number the facts, on a cue-by...... basis. women and 14 percent or all
of respondents who indlalted they men reported they experieneed
had received uninvited and un- Sinee the EEOC guidelines were
issued, body of legal precedents, some form or uninvited and un-
wanted sexual attention. Thus the wanted 8eXual attention. Despite
method of identifying victims was Including a 1986 Supreme Court
decision, has provided lesai an apparent increase in the level
one of selHdentirlC8.tion on the of sensitivity about what behavior
part of the respondents.
clarirtcation as to what constitutes
sexual harassment. For porposes of may be considered sexual harass-
It should also be noted that the this report, however, the Board ment. there has been no signifi-
term "sexual harassment"' is de- relies upon the expressed views or cant change since the Board's Isst
fined differently by different F\!deral employees for Its defini- survey In 1980 In the percentage
people. OPM defined sexual tion. If a respondent to the of F\!deral employees wbo ssy they
harassment as 4'deliberate or Board's survey .tated that he or have received such uninvited and
repeated unsolicited verbal com- she had received uninvited or un- unwanted attention. Within the
ments, gestures., or physical con- wanted sexual attention during context of this report. unwanted
tact of a sexual nature .which are the precedi118 24 months, that was and uninvited sexual attention is
unwelcome:' EEOC expanded counted as an incident of sexual considered sexual harassment.
upon this definition by outlining harassment even though not every Interestingly. among current
the conditions under which such incident, if fully investigated, Federal employees who had also
conduct would constitute sexual would necessarily meet the legal worked outside the Federal
harassment. EEOC also noted that definition of sexuai harassment. Government, the preponderant
a detennination of the legality of As this report discusses. sexual opinion is that sexual harassment
alleged sexually harassing conduct harassment in the workplace, like is no more of a problem in the
would be made from the facts, on racial discrimination, can be a per- Government than outside it.
a case-by-ease basis.. Since the vasive fonn of illegal discrimina-
tion that i. hoth dlrrlcult to The most frequently expe-
EEOC guidelines were issued. the
Board and the courts have precisely measure and dirficult to rienced type of uninvited sexual
developed a body of case law that change. Yet, like racial discrimina- attentlon Is "unwanted sexual
provides further clarifICation as to tion. sexual harassment must be teasing. joke&. remarks, or
what constitutes sexual harass~ addressed so that poSitive change questions. to The least frequently
ment within a legal context. O1n occur. The purpose of this experienced type of harass-
report is to clarify the nature and ment-Uactual or attempted
It should not be presumed that extent of the problem within the ralM!': or assault"-ls al80
each reported incident of unin~ ~deral Government, to review arguably the most severe. Sexual
vited sexual attention meets the some of the actions taken during hara.ssm~nt takes many forms and
current legal def'mition of sexual the last 7 years to address that an employee may experience more
harassment. problem. and to offer some sugges- than one form. In answering the
tions for future efrort...oc;, Board's 1987 survey. 35 percenl
 282

of all female respondents and 12 However, as the Board found In

percent of aU male respondents 1980t despite this generalization,
said they experienced some type sexual harassment Is stili widely
of "unwanted sexual teasing) distributed among women and
jokes, remarks, or questions... men of aU ages. backgrounds, and
Also in 1987, approximately .8 Job categori",
percent of all female respondents
and .3 percent of male respond- Many victims tried more than
ents said they experienced "actual one response to Dnwanted sex-
or attempted rape or assault oal attention. Although later
judged ineffective by most of
The Ineldenc. rate for alleged , them, almost half of all victims
sexual harusment varies by tried to III1I0re tlte behavior or
agency. For example, 1ft 1987 a otlterwl.., did nothing In
high of 52 percent of the female response. In 1987, only 5 percent
employees at the Denartment of ot both female and male victims
State claimed they experienced said they took some type of for-
some form of uninvited sexual at- mal action. Although most
tention, compared to a low of 29 employees were aware of the
percent of the female employeea availability of formal action-e.g.,
at the Department of Health and filing a grievance or a discrimina-
Human Services. Moreover. among tion complaint-very few chose to
the 16 agencies whose employees use those potential remedies.
were surveyed in both 1980 and
1987, several did show some shIfts When v1_ of oemaI haraas-
In the percentage of employeea ment did _ _ ltI"" _Ion In
claiming they experienced unin- response to lUlwanted aexaal at-
vited and unwanted sexual atten- tention, It "'.. largely Informal
tion. A few agencies (for example, action and, In JlULIQI' cues. was
the Depsrtmenls of Labor and judged to be effeetl_ The most
Transportation) experienced a sig- effective and frequently taken in-
nificant decHne In the percentage formal action was simply telling
of female employees who said the harasser to stop. FOrty-four
they were harassed. percent of the female victims and
25 percent of the male victims
Coworkers are much more likely said they took this aetlon and, In
than aupervlsonJ to be the over 60 percent of the cases, both
. 801.Iree of sexual harassment. In groups said it Hrnade things
1987, 69 percent of female victim. better."
and 77 percent of male victims
said they were harassed by a Among tlte 22 largest Federal
coworker or another employee departmenlll and agendes
without supervisory authority over surveyed, all had luued polky
them. Only 29 percent of the statements or other Internal
female victims and 19 percent of guldanee daring the 7-year
the male victims cited someone in period from FY 1980 through FY
their supervisory chain as the 1986 concerning prohibitions
source of their harassment. This against sexaal harassment. How
pattern is consistent with the frequently that guidance was up-
Board's 1980 findings. dated and each agency'. method
of dlasemination varied. Most
Some Individuals are more likely employees, however, said they are
than others to be victims of sex- aware of their agency's policies
ual harassment. For example, regarding sexual harassment and
based on the data obtained in the internal complaint p1"OCedures
1987. women who: are single or available to victims.
divorced; are between the ages of
20 and 44; have some college Every ageney maintained It pro-
education; have a nontraditional vided training on the Issue of
job; or work in a predominantly sexual harassment, although
male environment or for a male most efforts were d~ted at
supervisor have the greatest managers and personnel and
chance of being sexually harassed. equal employment opportunity
 283

omelale ratber than nou_per. .....ted and Inappropriate In the

vlaory empl_ Moot (18 of 22) workplsce. In addl~lon, moot
.,.,neleo _ t e d that during the employees are now a~ that sex
7-year period from FY 1980 uaI harusment II contrary to
IItrou8h FY 1988, the ave,.. eotoblilhed agency policy. Durlna
empl_ apent 2 hounl or f _ thJ. time, Federal ogencieo have
In training related to oexuaI &lao taken. number or actlons
..........ent. It should be noted, deltsned to reduce the incidence
however. that agencies are not re- of sexual haruement and at least
quired to keep detailed """,rd, In a rew agendes have had BOme auc-
this reprd and, therefore,. moot ceos In th.. reprd.
reoponoeo tended to be .._
Delplte th_ positive trends,
estimates." however, the overall bottom Une
M_ ..-cleo malntalaed lIIat
th." have takeR namber of dlf-
did not change. Uninvited and un-
wanted sexual attention WIll ex
perieneed by almost the Identical
feftnt aetlona In an effort to proportion of the work force In
redaee eex.a1 harusm.ent and 1987 as In 1980. Sexual harass-
that, In moot - . tho... ~ ment is still a pervasive, costly,
tio... have been err_l_ and systemiC problem within the
Empl_ were more okeptical. Federal workplace.
Thr """",pie, every agency
surveJed oaId It provided ..wlft
and thorough InvestIptions of The Board recommenda that:
complaints" and that sud> In- All ageney empl_ .......ld
-.,.tIons -.-e effective. Only be perlodlcallJ' reminded of
their _lbWtIeo _ held
32 peroent of the employees
surveyed relt their .,.,ndeo pro- aeeoantable for eOlllplIance
vided such investigations. with Federal law ....d aseftey
polley prohibiting oemal
Daring the I-year period from ha.raument In the workplace.
Mq 1985 tbroalh Ma;y 1987, It mao! be clear that oexaaUy
~ . . . . .ment eollt the _Bing be. .vtor "" aft)'
FedenI GoYenuaent ... employee ......ot and ..01 not
e.tImat.ed 1267 aoIUloa. Thls be tolerated. Th10 can be ac-
c _ .. In addition to _ per- complished '" a number of ways,
so.... coat ud an....h IMIIJ' or Indudlng Issuinl an .,.,ncy
the vlctlmo had to bear. This con- policy statement signed by the
oervatlve estimate Is derived by head of the agency detailing the
calculating the cost of replacing specific prohibited practices and
employees who leave their jobs as the penalties _ated with
a result or aexual harassment, or those practices. Th.. statement
paJlnl sick leave to employees should be updated annually or
who miss work u a consequence, as needed. Agencies should also
and of reduced individual and require each emplayee to
work group productivity. acknowledse thot lie or she has
read and understands the policy.

Conclusions and With regard to enforcement or

the law and agency policies on
Recommendations sexual h.aruement, each .,eney
should:
Based on the findings discussed in
thls report, since the Board con- --seek to identify, on Its own
bdtlatlYe, poulble Inataneea
ducted Ito first study of _uol
harassment, lhere is evidence thal of !leX'" b.uusment;
some posiUve changes have oc -Qalcldy and thoroaghly In-
curred In Federal employee at _ti"le alleptlona (within
titudes and perceptions regarding 120 dayB If pooalble); and
uninvited sexual attention. More -EotabU.h and exercloe
empl~ both men and women, strong aanctlons against
are aware that certain behaviors harassers where the facts
of a sexual nature can be both un- warrant.
 Feden.l agencies ahou.ld pro-. responses posaIble_ The training
v!de tl"&lnlng On sexual harus- should abo stre.. that In-
ment to nonsupervleory dividuals need to be sensitive to
employees as well as to tM ways In which their actions
managers and E~O and per- may be Interpreted by others.
lonnel oCficlalL The training Whether certain behavior con-
should Include disCussion of the stitutes sexual harassment
various behaviOrs t"at may be depends not only on the intent
construed as sexual \}larusment behind th<! behavior but also on
and, for- victim~ some of the ~ the perceptions of those
propriate and more effective arrected_
 285

Background,
Policy, and
Definition
of Sexual
Harassment

40-881 97 - 10
Obiectives
At the conclusion of this program, the participant
should understand:
The importance of a work environment free from
discrimination and sexual harassment.
The definition of sexual harassment. ~
Examples and effects of sexual harassment.
Actions to take if sexual harassment occurs.
How to use the EEO complaints process: formal and
informal steps.
The rights and responsibilities of all parties in the
complaints process.
How to prevent sexual harassment.
 287

Facilitator's notes
1
Leave on .creen during registration
and leatlng.

THE 1'liI vr IJTION OF SEXUAl HARASSMUJT MJrJ THF DISCRlt/llJATION COMPLAINTS I'IIOCESS
 288

-
C
0> ......
E 0
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o 0>
o E
..c.1::
-0
00.
::::J 0>
~o
(.I) 0>
"-
0_ ..c
c-o
.Q C
I: cO
.....-o
~
0>
0>
ao E
c-.::::J
> 0>-.=:

--
(.I)

=- 0>""'

......
..c
-oc
Ccn

-a .!:2 1:::
>-o~
0

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3:.~ ~

- I:
 289

Facilitator's notes
2
Open with this question. Then answer
using the following Information:

Prevention Is the best way 10 elimInate sexual

harassment. Even If you are never personally
Involved In on IncIdent of sexual harassment.
you ore affected by this behavIor because It
Impact. the work environment.

Sexual harassment Is:

-sex discrimination
-streSSful for the employee
-a barrier to productivity
-agaInst the low

It Is an Important Issue because It Is on

offensive misuse of power, and every VA
employee has the rIght to work In on
environment that Is free from discrimInatIon
and harassment.

THE PREVENTION OF SEXUAL HARASSMENT AND THE DISCRIMINA liON COMPLAINTS PROCESS
Recent Events
1980 U.S. Merit Systems Protection Board Study

1987 U.S. Merit Systems Protection Board Study

1991 Clarence Thomas Confirmation Hearing

~
1991 U.S. Navy Tailhook Scandal

1992 VA Receives National Attention

 291

Facilitator's notes
3
Recent events have brought this Issue to the
forefront:

-In 1980 the Merit Sysfems Profecflon 80ard

conducfed Its flrsf official study regarding
sexual harassmenf with a follow-up sfudy In
1987. The findings revealed fhaf sexual
harassment In fhe federal government Is a
pervasive, cosfly, sysfemlc problem. (An
Execuflve Summary of fhe MSPB Sfudy
Results Is In fhe Background Leffers and MSPB
Study Summary Secflon.)

-The Clarence Thomas conflrmaflon hearing

brought fhe Issue of sexual harassmenf fa
naflonal affenflon. Women became aware
of fhelr rlghf and responsibility fa report these
Incldenfs.

-We are now aware fhaf sexual harassment Is

a major concern within fhe Departmenf of
Veferans Affairs.

-The recent U.S. Navy Tallhook scandal polnfs

auf fhe repercussions of Ignoring allegaflons
of sexual harassment. Allegaflons had been
made Infernally buf were Ignored until fhe
media heard abouf and publicized fhem.
As a result, fhe Secrefary of fhe Navy was
forced fa resign and fop Navy officials were
removed from fhelr posfs. This lIIusfrafes why
fhere will be 'zero folerance"In the VA. All
allegaflons will be Invesflgafed.

THE PREVENTION OF SEXUAL HARASSMENT AN D THE DISCRIMINATION COMPLAINTS PROCESS

The Secretary's Commitment:
... /11 am also strongly committed to the prevention and
elimination of sexual harassment in the Department.
Sexual harassment is inappropriate and unacceptable
~
conduct that will not be tolerated. Allegations of sexual t.C
~

harassment must be addressed immediately and all

employees raising complaints of discrimination must be
provided prompt, fair, and impartial review and handling
of their complaints./I
 293

Facilitator's notes':
4
Our commitment to the EEO program starts
at the top with Secretary Jesse Brown. The
"quote' shown Is from his February 16, 1993,
letter to all employees regarding his personal
commitment to this program. You have all
received a copy of this letter.

Today's training puts this pledge Into action.

All employees are requIred to receIve four
hours of training before December 31, 1993
which may Include participation In a
vldeoconference. A vldeoconference Is
planned for August 1993. In order to discuss
pertinent Issues. In addition, the Secretary's
continuIng commitment Is reflected In his
policy that all employees receive refresher
training every two years. New employees
are to receive training within 60 days of their
employment.

The purpose of this training Is to provide

Information on the two major components of
the EEO Program: The Prevention of Sexual
Harassment and The Discrimination
Complaints Process. The training course Is
divided Into four parts: Parts 1 and 2 focus on
the behaviors that constitute sexual
harassment. Parts 3 and 4 focus on the
response to Incidents of sexual harassment
and Its prevention, as well as the steps In
processing EEO complaints of diScrlmlnatlan.
SpeCific objectives for this training appear at
the beginning of the course and again within
each appropriate section.

THE PREVENTION OF SEXUAL HARASSMENT AND THE DISCRIMINATION COMPLAINTS PROCESS

Pari One Obieclives
At the conclusion of this section, you should
understand:
The definition of sexual harassment,
~
~
The importance of a work environment free from
discrimination and sexual harassment.
 295

Facilitator's notes
5
Read through obJectives on
transparency.

THE PREVENTION OF SfXUi\l HARASSMENT AND THE DISCRIMI~IATION CO'lPI AINTS PROCESS
MSPB Study
The Department of Veterans (VA) was second
among all federal agencies in the percentage of
women experiencing sexual harassment (49%).
~
 297

Facilitator's notes
6
In deanng with sexual harassment In the
Department of Veterans Affairs. It Is useful to
look at some background from the 1987
study mentioned earMer.

ThiS study by the Merit Systems Protection

Board Identified several facts about sexual
harassment that are stili relevant today.

NOTE:
The study found that the 1# 1 lederal agency In
which women experienced sexual
harassment was the State Department.

THE PREVE NTION OF SEXU!IL H!, 0 ASSi!"!I! AI JD T'"E DISCRI\;~INA TION COMPLAINTS PROCESS
MSPB Study
The VA was first among all federal agencies in
the percentage of men experiencing sexual
harassment (21%).
t\:)

~
 299

Facilitator's notes
7
Requires no additional Information.

THE PREVENTION OF SEXUAL HARASSMEr,JT A~ID iHE DISCRIMINATION COMPLAINTS PROCESS

MSPB Study
The study indicated that a high percentage of
sexual harassment allegations went unreported.

~
g
 301

Facilitator'S notes,
8
Unreported can mean that:

a) the situation has been resolved and the

behavior stopped, or

b) that the sltuatlan continues but the victim

fears reprisal.

THE PREVENTIO~ OF SEXUAL HARASSMENT AND THE DISCRIMINATION COMPLAINTS PROCESS

MSPB Study
The harasser was most frequently a coworker
Quid Pro Quo

Hostile Work Environment ~

Q
N

Sexual Favoritism
 303

Facilitator's notes
9
Point out that the 1980 study showed circumstances under which this type of claim
that the majority ot sexual harassment will lie.
was by a supervisor toward a
Consensual Relationships: The most typical
subordinate. The 1987 study revealed
situation Involves Instances of preferential
that most sexual harassment was treatment based upon a consensual
committed by co-workers. romantic relationship between a supervisor
and a subordinate. Preferential treatment
Explain that sexual harassment takes given to one's spouse, mistress. or special
on distinct forms: friend may be unfair to other employees In
the unit. and Is obviously Inconsistent with
1. Quid pro quo. Quid pro quo sexual merit principles. Nevertheless. the
harassment occurs when submission to sexual Commission now believes that such
conduct Is made an express or Implied preferential treatment. provided the
condition of employment or when submission relationship Is consensual (I.e .. welcome)
to or relectlon of such conduct Is used as a does not discriminate against men or women
basis for an employment decision. since all employees In the unit. regardless of
gender. are equally disadvantaged. In other
2. Hosllie environment. The hostile work words, a female who Is denied an
environment claim generally arises when employment benefit under such
sexual conduct has the purpose or effect of circumstances would not have been treated
creating an Intimidating. hostile. or offensive more favorably had she been a male nor.
working environment. or of unreasonably canversely. was she treated less favorably
Interfering with an employee's work because she Is a woman. Hence. such
performance. preferential treatment will not give rise to a
sexual harassment claim by other employees
3. Sexual Favorillsm. A relatively new theory In the unit.
that Is accepted by some courts and
relected by others. EEOC recently Issued Caerced Relatlonshlp(s): The Commission
Interpretive policy guidance clarifying the takes the position that If a female employee
rules on sexual favoritism found In Its Is coerced Into submitting to a sexual
Guidelines. Previously. the Commission and a relationship In return for a Job benefit. other
few courts had ruled that sexual favoritism femaie employees may be able to establish
cauld. regardless af the circumstances. give quid pro quo sexual harassment If there Is
rise to a claim of sexual harassment by evidence that the harasser publicized or
employees who. although not themselves boasted about hiS conquest or regularly
harassed. were allegedly denied benefits harassed the victim In the presence of other
given ta other employees who submitted to employees. The theory Is that such evidence
a supervlsar's sexual advances. Several would support a conclusion that sex was
courts refused ta recognize such a claim and generally a condition to receipt of lob
the Commlsslon's recent Interpretive benefits. Even absent such evidence.
guidance on the Issue somewhat limits the however. the Commission believes that both

THE PREVENTION OF SEXUAL HARASSMENT AND THE DISCRIMINATION COMPLAINTS PROCESS

 304

Facilitator's notes
continued

9
male and female employees will have
standing to challenge the favoritism If they
can demonstrate a specifIc personal loss or
InJury as a result of the dlscrlmlnatlon directed
against the woman who was coerced.

WIdespread Favoritism: If a number of

women benellt from favoritism granted In
exchange for sexual favors. the Commlsslon
believes that both male and female
employees who do not welcome thIS
conduct can establish a hostile work
environment regardless of whether any
obJectionable conduct Is directed at them
and regardless of whether those who
granted the favors dId so willingly.
Furthermore. managers who engage In
widespread favoritism may be conveyfng the
message to women that the granting of
sexual favors IS a condition precedent (I.e .. a
quid pro quo) to advancement.

THE PREVENtiON OF SEXUAL HARASS'0EI\ TAND THE D1SCR'M1NAT:ON COMPLA'NTS PROCESS

Sexual Harassment
100-------------------------------------------------

o
PRESSURE TOUCHING LmERS PRESSURE SUGGESllVE SEXUAL
FOR AND FOR LOOKS REMARKS
SEXUAL CAUS DATES
FAVORS

Percentage 01 women who consider certain behavior to be sexual harassment.

Source: U.S. Merit Systems Protection Boord.
 306

Facilitator's notes
10
Sexual harassment Involves on Interaction ThIS new standard lor evaluating the
between two people. The perceptions 01 the evidence In sexual harassment cases could
person being harassed are often quite possibly have an Impact on the number of
dllferent fram those 01 the person accused of incidents necessary to demonstrate severity
doIng the haraSSIng. likewise. the perception and pervaSiveness. In other words. prevIOus
of certain behavIor as sexual harassment wI cases defined these concepts based on the
vary from person to person. reasonable man standard and reasonable
men might consider certain types of conduct
The definition of sexual harassment does not as harmless or common social Interaction
rely solely on the perspectives cif the parties rather than harassment (e.g., campRmentlng
Involved. It also conSiderathe Circumstances a woman for having a "great figure" or 'nice
surrounding the event. legs"). A reasonable woman (defined by the
courts and the EEOC as one who Is not
Reasonable Woman Standard: Recent hypersensitIve), on the other hand. might
decisions by several circuit court. of appeal view such actions as harassment and be
have held that employers must focus on the willing to tOlerate far lewer of them than a
perspective of the Victim when evaluating male might consider necessary to
the severity or pervaSIveness of the sexual demonstrate pervasiveness.
harassment. ThIS new standard holds that
conduct will constitute sexual harassment If a
reasonable woman In the victim's shoes
would consider If as such. notwithstanding the
lact that a reasonable man might
conceIvably coNider the conduct as
harmless or even amusing.

(The courts and eEOC are coNidering

changing reasonable woman to reasonable
victim because reasonable woman does not
encompass male vIctims of sexual
harassment.)

THE PRE VENTION OF SEXU!<L HARASSMENT AND THE DISCRIMINATION COMPLAINTS PROCESS
Definition of Sexual
Harassment
Sexual Harassment is a form of sex discrimination.
Co:!
Sexual Harassment is deliberate or repeated S
unsolicited verbal comments, gestures, or
physical conduct of a sexual nature which
are unwelcome.
 308

'(facilitator's notes .
11
Sex discrimination occurs when Individuals
ore treated or Impacted In a dlffe;ent
manner because of sex (gender) distinctions.
Although sexual harassment Is a form of sex
discrimination, It Is concerned only with
unwelcome sexual behavior that Interferes
with an Individual's employment, benefits, or
ability to work effectively.

According to the Equal Employment

Opportunity Commission guidelines, sexual
harassment Is:

"delIberate or repeated unsolicIted verbal

comments, gestures or physIcal conduct of 0
sexual nature whIch are unwelcome .

It Is Important to note key words In the

definition: deliberate, repeated, unsolicited,
sexual nature, unwelcome.

THE PREVENTION OF SEXUAL HARASSMENT AND THE DISCRIMINATION COM PI AINTS PROCESS
Unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a
sexual nature constitute sexual harassment when ....
Submission to such conduct is made either explicitly
or implicitly a term or condition of an individual's
employment,
CI:)
o
c.c
Submission to or rejection of such conduct by an
individual is used as the basis for employment decisions
affecting such individual.

Such conduct has the purpose or effect of unreasonably

interfering with the individual's work performance or
creating an intimidating, hostile, or offensive working
environment,
 310

Facilitator's notes
12
Read this statement:

The EEOC (Equal Employment Opportunity

Commission) has Issued official guidelines
which define sexual harassment as a form of
sex dIScrimination under TI~ VII of the Civil
Rights Act of 1964.

Explain the following:

To determine whether alleged conduct

consmutes sexual harassment. t he
Commission looks at the record 01 a whole
and at all the circumstance. related to the
InCident. These circumstances Include the
nature of the sexual advances and the
context In which the aneged Incident
occurred. The legality o f a particular action
Is determ ined from the facts. on a case by
case basis.

THE PREVENTION OF SEXUAL HARASSMENT AND THE DISCRIMINATION COMPLAINTS PROCESS

311
 312

TIJ( rr<! \'t NT' C) '] (). ',I \,JI\I II/\P/\1 \)~V'" ~,r Ai f) ilH
DlscrW/'I"JATIO~. COVI'Lf,I' HS PfIOCI:'3

Handout for Activity One

Please read the Incident described below

Applying the definition of sexual harassment and other EEOC

guidelines. determine how this Incident constitutes sexual
harassment

Brenda Is a lab .techniCian In a VA MedICal Chief questions whether Brenda can 'handle"
Center. She has excellent Job perfor- that responsibility. since She has no such
mance evaluations and on outstanding experience. He mentions a conference
academIC background. When the Chief of coming Up In the next week. where he will be a
laboratory services rellres .the new mole Chief contr "utor. He suggests that she accompany
reorganize. the lob structure. creating a new hi n order to observe what goes on and assist
supervisory position. . with his activities. He also reminds her that
the experience would help strengthen her bid
One evening. the Chief flnd. Brenda working for the new posttlon. Brenda declines to
late to flnlstl up a project. He Invite. her to /Oin accompany him. Subsequently. the supervisory
him for a quICk dinner. and Brenda accepts. At position Is awarded to another lab technician.
dtnner. the Chief encourages Brenda to apply
for the supervisory postllon. The next morning.
he sends flowers to her lob stallon. along with a
note thanking her for a 'speclal evening." The DISCUSS Conclusions
next day. he Invites Brenda to again JoIn him for
dinner. She refuses. indICating She has to go
directly home. He later offers her a ride home.
which ahe olio refuses. That night. the Chief
calls Brenda at home and asks her for a date.
She again refuses.

For a few weeks. Brenda doesnt hear from the

Chief. In the meantime. She aubmlt. her
applICation lor the aupervlsory posttlon. Shortly
aNer. the Chief begins to leave notes at
Brenda's desk and Irequently coils her home.
She continues to reluse his overtures.

Finally. the Chief calls Brenda In for a

conference. He mentions how Impressed he Is
with her work performance and what a strong
candidate she Is for the new position.
However. the position win require travel to and
participation In out-of-townconferences. The
 313

Facilitator's notes
13
The participant's copy of Activity One
(Handout) Is to be duplicated and The Chief's overtures are unwelcome -
-after the Initial dinner, Brenda refuses the
distributed to each participant at this
lob Chief's requests for dates or ttme
point In your presentation. together

Leave transparency #13 on the Submtsston to ...such conduct IS made

screen and distribute the handout. Impncltlya conditIon of an Individual's
employment or used as the basts for
Give participants at least 4 minutes to employment declstons - "QuId pro quo'
-the lab ChIef implIes that If Brenda
read the handout, keeping In mind
accompanied him out-aI-town, he would
that they will discuss the following return the favor with a promotton to the
question: Uslng terms from the supervisory posItion
definition of sexual harassment and
other EEOC guidelines, determine
how this Incident constitutes sexual INCIOENT:
Brenda IS a lab technIcIan In a V A MedIcal
harassment. "
Center. She has excellent lob performance
evaluations and an outstanding academic
You may break Into smaller groups for background. When the ChIef of laboratory
discussion purposes. Select a leader ServIces rettres. the new male ChIef
from each group to summarize Its reorganIzes the lob structure, creating a new
discussion. Be sure everyone has had supervIsory positIon.
enough time to read the Incident and
One evening. the Chief finds Brenda workIng
to discuss It as a group. late to finIsh up a prolect. He Invites her to
loin him for a quick dinner, and Brenda
Lead a discussion with the whole accepts. At dinner, the Chief encourages
group. 8e sure the following pOints Brenda to apply for the supervIsory poSltton.
are made: The next morning. he sends flowers to her lab
stallon, along with a note thanking her for a
-there are repeated and unSOlicited verbal 'speclal evening.' The next day, he Invites
comments. gestures, or physical contact Brenda to again lotn him for dinner. She
-the lab ChIef repeatedly asks Brenda for refuses, Indlcattng she has to go dlrectty
private ttme togeth9f or dates home. He later offers her a rIde home, which
-at no time does Brenda express an Interest In she also refuses. That night, the Chief colts
the Chief or In having a relationshIp with hIm Brenda at home and asks her lor a date. She
other than .whatever professIonal again refuses.
Involvement her posttton requIres
-the lab Chief sends nowers to Brenda's work For a few weeks, Brenda doesn't hear from
statIon with a personal note the ChIef. In the meantIme, she submits her
 314

Facilitator s notes 1

continued

13
applcotlon for the supervisory potItton.
Shortly otter, the Chief begins to leave notes
at Brenda'. desk and frequently calis her
home. She continues to refuse his overtures.

Finally, the Chief calla Brenda In for a

conference. He mentions how Impr_d he
Is with her work pertormance and what a
strong candidate She Is for the new position.
However, the pOSItIon w ll require travel to
and partICipation In out-of-town
conferences. The Chief question. whether
Brenda can "handle" that respanllbillty, IInce
She hal no luch experience. He mentions a
conference coming up In the next week.
where he wI be a contributor. He suggests
that She accompany him In order to observe
what g08l on and aIIIat him with hili activities.
He also remlndl her that the experience
would help strengthen her bid lor the new
position. Brenda decnne. to accompany
him. Subsequently, the supervisory position Is
awarded to another lob technICian.

DIscUII Conclullonl.

Thf ppr vi rJTIor~ or seVUM 1I.\riAS3MEcJj NFl TIIF D:SCR'M"iATlor~ COMPLAINTS PROCESS
 315

Identifying ."

::0
-I
Sexual N

Harassment:
Its Effects
and
Consequences
Pari Two Obieclives
At the conclusion of this section, you should
understand:
Examples and effects of sexual harassment.
Co:)
.....
0)
Actions to take if sexual harassment occurs.
 317

, Facilitator's notes
14
ThiS second port of the trolnlng module will
continue to focus on behavior. that
constitute sexual harassment.

Read through objectIves on

transparency.

THE PRE 'It NTIOI" OF SEXUAL HARASSMENT A~ID THE DISCRIMINATION COMPLAINTS PROCESS
Examples of Sexual
Harassment
Verbal
Sexual innuendoes ~
......
Suggestive remarks 00

Insults
Humor and jokes about sex or gender-specific traits
Sexual propositions
Threats
 319

Facilitator's notes
15
Expand on the transparency list with
the following examples:

COMMENTS:
-Sexual comments about a person's body,
clothing or looks

SUGGESTIVE REMARKS:
-Conversations about sexual fantasies,
preferences, or history
-Personal questions about a person's social or
sexual life

PROPOSITIONS:
-Repeatedly asking out a person who Is not
Interested

INSULTS:
-Telling lies or spreading rumors about a
person's personal sex life

THE PREVENTION OF SEXUAL HARASSMENT AND THE DISCRIMINATION COMPLAINTS PROCESS

 320

-II
::t
.>C
CD
v.
.........
01:
",CD
..!!E
a. '"
E;
II"
>ell
... :z:
 321

Facilitator's notes
16
Expand on the transparency list wIth
the followIng examples:

LEERING
-Staring In general or at a particular part o f
the anatomy

OGLING
-Looking up and down (elevator eyes)

OBSCENE GESTURES
-Suggestive facial expressions or sexual
gestures

OBSCENE MATERIALS
-Displaying sexually suggestive visuals of any
kind

In addition. non-verbal harassment can

Include:
-Following a person
-Giving personal g ifts
-"Hanging around" a person

TilE PREVENTION OF SEXUAL HARASSMFNT AND TilE DISCRIMINATION COMPLAINTS PROCESS

Examples of Sexual
Harassment
Physical
Touching others Co:I
Pinching ~
Touching oneself
Brushing the body
Cornering
Actual or attempted rape or assault
 323

Facilitatorls notes

17
Expand on the transparency list with
the following:

TOUCHING:
-Touching a person's clothing. hair or body
-Hugging. kissing. palling. pinching. or
stroking
-Touching or rubbing oneself sexuany while
around another person

BRUSHING:
-Standing close to or brushing up against a
person

CORNERING :
-Blocking a person's path

THE prlEVENTION OF SEXUAl HARASSMEr~T AND THE DISCRIMINATION COM PI AINTS PROCESS
Effects of Sexual Harassment
on the Victim
Mental anguish and stress
Uncomfortable working environment
~

Impact on productivity and efficiency ~

Constructive discharge (forced resignation)
Reprisal
Potential for litigation
 325

Facilitator's notes .
18
Read through list on transparency
and explClln:

Sexual harassing activity Is always

Inappropriate and counterproductive. The
conduct t:an have devastating and adverse
ellects on the morale, behavior, productivity,
and many times on the health of the victim.

THE PREVErJTION OF SEXUAL HARASSMENT AND THE DISCRIMINATION COM PLAINTS PROCESS
Effects of Sexual Harassment
on the Organization
loss of morale, productivity, and efficiency
Increased absenteeism and turnover CA:)

Uncomfortable work environment ~

Potential litigation
Adverse publicity
 327

Facilitator's notes
19
Read the list on transparency, then
add:

We are all the victims of sexual harassment

when It affects the organization for which we
work. Individual Incidents of sexual
harassmenf have a 'rlpple effect" that
ultimately harm an organization and create
an unpleasant working environment for
everyone.

THE PREVENTION OF SEXUAL HARASSMENT AND THE DISCRIMINATION COMPLAINTS PROCESS

Consequences of Sexual
Harassment on the Offender
Written Counseling
Disciplinary/Adverse Action ~
-Admonishment -Suspension ~
-Reprimand -Removal
Potential Liability
-Payment of Civil Suit Damages
-Criminal Prosecution
Potential Adverse Impact on Family and Social
Standing
 329

Facilitator's notes
20
Read the list on transparency. then: Generally. before a federal court wll allow a
victim to raise a state tort claim In
Explain that sexual harassment IS an Issue of connection with the federal claim of
conduct. Therefore. It IS handled through a harassment. the case must usually be one
progression of disciplinary actions. The Involving Indecent touching or some other
degree of discipline IS based upon the obJectlanable conduct. Judgments In these
seriousness and repelltlveness of the state tort claims have somellmes resutted In
conduct. compensatory and punitive damage awards
against the Individual harasser In excess of
NOTE: one million dollars. The Federal Government
Personal Tort LIability: In the past. federal will not pay such Judgments on behalf of the
employees. If found by a court to have employee Since the emplayee was clearly
engaged In sexual harassment. could rest not acting within the scope of emplayment
assured that they would not be held while engaging In the IdenHfled conduct.
personally liable for any monetary Judgment.
This IS because. under federal Civil rights laws. It Is Important to mention the landmark case
only the head of the department or agency that was decided against the former Chief.
Involved can be named In the suit. Any Fiscal Servtce. VAMC lyons. NJ (This article
Judgment handed down Is a Judgment was published In The (Newark. NJ) Star-
against the agency payable out of the ledger. 11/26/92):
governments Judgment Fund. This Is stili true
Insofar as federal civil rights laws are Former Top Official at VA Hospital Admits
concerned. This Includes the recently- Guilt In Sexual Harassment Case - A
enacted CMI Rights Act of 1991 which former top official at the VAMC In lyons.
provides for compensatory damages of up to N.J .. pleaded guHtv In federal court In
$300.000 over and above any backpay Trenton. NJ. to sexually harassing a female
which may be owing. employee. Chauncy W.lewls. 55. Chief of
the Fiscal Service. pleaded before U.S.
However. with Increasing frequency. federal Magistrate John J. Hughes to one count of
courts are beginning to permit victims "abusive sexual contact.' according to
bringing sexual harassment claims to add. Assistant U.S. Attorney Dyana lee. lewis'
under certain circumstances. state tort law case was the flm In New Jersey and
claims to their federal claims. This permits possibly the nallan In which federal
them to hold the harasser personally liable for authorities brought criminal charges
damages. A tort Is a civil wrong for which against a government offICial for aleged
compensatory and punitive damages may sexual abuse. SentenCing for lewis IS
be asseaed against the wrongdoer. Typical scheduled to take place before Hughes on
state tort claims being raised by plaintiffs In January 15. lewIS faces a maximum of Six
sexual harassment cases Include. but are not months In federal prISon and $5.000 In fines.
limited to. assault. battery. Intentlanal
Infliction of emotional distress. outrageous
conduct. and false ImprISonment.
Employee Responsibility and
Conduct
Title V, Code of Federal Regulations, Part 735
The maintenance of unusually high standards of honesty,
~
integrity, impartiality, and conduct by government ~
employees is essential to assure the proper performance
of the government business and the maintenance of
confidence by citizens in their government.

The avoidance of misconduct on the part of government

employees".through informed judgment is indispensable
to the maintenance of these standards.
 331

Facilitator's notes
21
Federal employee and employer
responsibilities for conduct while acting within
the scope of employment are set forth In the
Code of Federal Regulations.

As a federal employee, you have a

responsibility to avoid misconduct such as
sexual harassment.

Please read regulation from

transparency.

THE PREVENTION OF SEXUAL HARASSMENT AND THE DISCRIMINATION COMPLAINTS PROCESS

Employer Responsibility and
Conduct
Title 29, CFR, Chapter Xiv, Part 1604, Section II
Item C:
~
An employer is responsible for its acts and those of its ~
~
agents and supervisory employees with respect to sexual
harassment, regardless of whether the employer knew or
should have known of their occurrence.
Item D:
An employer may rebut apparent liability for such
acts by showing it took immediate and appropriate
corrective action.
 333

Facilitator's notes
22
Read transparency and explaIn: the victim flies a formal complaint of
discrimination.
An employer Is responsible for acts of sexual
harassment In the workplace where the 'Constructlve knowledge" Is present when
employer (Its agents or supervisory management officials should have known of
employees) knows or should have known of the harassment. For example, a supervisor
the conduct. may claim lack of actual knowledge; that Is
that he or she never observed any
Implicit In this statement Is management's misconduct and was never Informed of It.
responsibility to toke action based on On the other hand. If the facts In the case
awareness of sexual harassment activity clearly demonstrate that the harassment was
regardless of whether a complaint has been widespread and well-known among
flied. employees. the supervlsar cannot shield his or
her employer from liability simply by arguing
Management must respond to all allegations that he or ahe was oblivious to what was
of sexual harassment with an Inquiry and happening. This situation often occurs when
Intervention designed to end. and to repair there Is more than one harasser and/or more
the effects of, the harassment. Where the than one victim. Under these circumstances.
employee alleges hostile environment sexual the employer will be deemed to have
harassment. the v A may ovoid liability by constructive knowledge of the harassment
showing that there was immediate and and will be liable If It falls to toke Immediate
appropriate corrective action as soon as and corrective action.
management was put on notice of the
harassment. Where the employee alleges Quid pro quo
sexual harassment, the VA cannot avoid all
In a hostile environment claim. the first step In liability. Supervisory employees represent the
fixing an employer's liability Is to determine V A and/or are authorized to oct on behalf of
whether the misconduct was committed by the V A such that the V A Is strictly liable for
a co-worker or a supervisor. In general. /I the their actions. This means that the V A Is held
hostile environment Is created by a co- accountable for sexual harassment by a
worker. IIabmty will attach only /I the supervisor In the course Of employment even
employer knew (actual knowledge), or where no other management official hod
reasonably should have known (constructive knowledge of the sexual harassment.
knowledge). of the harassment and failed to Although a prompt appropriate
take Immediate and appropriate corrective management response will not reduce the
action . 'Actual knowledge" Is usally present VA's liability for the sexually harassing
when the employer's supervisors/managers conduct of Its supervisory employees.
become aware of the abusive environment management stili has a duty to respond .
through first-hand observation, or when the Intervention by management will minimize
victim Informally complains to his or her the ellects of the harassment on the
supervisors. or when an EEO Counselor Individual victim, and will support
discusses the victim's allegations with managements goal of preventing further
management officials. and. of course. when harassment In the workplace.

n't PiEVE CJl10N OF SEXLlI\L HI\RI\SSMENl AND THE DISCRIMINI\ TION COMP LAINTS PROCESS
Note That:
The harasser is most frequently a coworker,

Often the harasser is not directly employed by

the agency,
~
 335

Facilitator's notes
23
While we have already Identified that the
harasser Is most frequently a co-worker. we
need to be aware that the harasser may
Include people who are not dlreclly
employed by the Agency. For example.
vendors and outside contract personnel may
be Involved In sexual horassmenl. These
Incidents also need to be brought to the
Immediate attention of management.

You have the right to be protected from non-

employees In the workplace. This Includes
anyone who Is on V A property to conduct
buSiness or receive medICal core. Sexual
harassment victims should contact their
supervisor. the Personnel Office. or Medical
Administration Service for guidance If a
patient Is the harasser.

THE PREVEt"TION OF SEXUAL HARASsrvENT AND THE DISCRIMINATION COMPLAINTS PROCESS

Victim's Respo"nsibility
Tell the harasser to stop because the behavior is
unwelcome.
Keep a journal or record.
Tell someone: ~
~
0)
-supervisor or other appropriate management official
-EEO counselor
-co-worker
Utili%e VAMC resources:
-grievance process
-informal complaint process
-formal complaint process
 337

Facilitator's notes
24
Read:
When on Individual "feelS he or she has been
the vICtim of sexual harassment. the following
actions should be token :

Read through list on ffansparency.

The molarity of employee. In 'the VA are

mature and responsible adults who. If
Informed that their behavior IS offensive and
that such behavior must be stopped. will oct
accordingly, If the behavior does not stoP.
the victim must toke Immediate action to
alert and Inform the appropriate officials,

(Appropriate Informal and formal action Is

described further In Part 3)

THE PREVE NTION OF SEXUI\I HI\RI\SSMENT I\N D THE DISCRIMINATION COMPl/IINTS PROCESS
 338

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 339

THE fof/LVI II1IUIj CJI "I :<UJ\I fl~\pr\~,',MLlII J\I'JI) TilL

DISCRlrvl~!ATIOI, COI\lPu\lr!TS PROCESS

Handout for Activity Two

Please read the 3 IncIdents descrIbed below

ApplyIng the definItIon of sexual harassment, EEOC guIdelines, and

other InformatIon receIved, determIne whether these IncIdents
Involve sexual harassment

1. A representative af a hospital supply vendor routinely visits the Procurement Office. ThiS "rep"
considers himself a "ladles man" and always makes suggestive remarks to the two lemale clerks In
the office. He addresses them as "Sweetie" and "Honey," and comments on their appearance,
with specific references to parts of their anatomy. At the end of each visit, he always asks the
unmarried clerk for a date, and leaves her his personal phone number, written on his business card.
The clerk repeatedly turns down his request for dates and tries to refuse the phone number, but the
"rep" always forces the Issue. Fearful of creallng bod feelings, the clerk takes the business card,
smiles politely, and promises to "think about It." This clerk Is very uncomfortable with the man 's
behavior and confides her feelings to the other clerk. The second clerk tells the supervisor that
both women find the rep's behavior obJectionable. The supervisor responds, "Yeah-he's a real
smooth talker. But he's Just trying to be friendly to his customers. Ignore him and he probablv
won ' t bother you." Shortly thereafter, the unmarried clerk contacts an EEO counselor with a
complaint 01 sexual harassment.

2. A woman member of the housekeeping ataff at a Medical Center Is assigned to a work team
comprised of men and women. Members of the team work together on tasks. ond since the work
Is physical, they usually talk as they work. In addition, team members often take breaks together,
so the team Is a social group as well as a work team. They feel comfortable with each other and
are on friendly terms. The new woman member 01 the team seems to fit In Quickly, making friends
with the other workers and Joining In their conversallons. She uses vulgar language freely In her
speech and often Initiates sexually oriented conversallons with her co-workers. She asks male
team members about their marital aex lives and whether they engage In extramarital affairs. She
freely discusses her own sexual encounters In conversations with both mole and female co-workers.
A few weeks after she Joined the work team, the woman alerts her supervisor to the fact that she
has be9n propositioned by male co-workers and subjected to sexual remarks. She claims sexual
harassment.

3, A resident physician at a VA hospital routinely stops by the nurses stallon on his ward. He always
greets the nurses by hugging tham or touching them In some sexual way. Some of the nurses laugh
and go along with his "playfulness,' while others genlly push him away and dismiss his forwardness.
Those nurses who object to his behavior move away to avoid him. The doctor does not force his
otten lions on the nurses who ovoid him, and he does not pursue the others beyond the physical
contact he Initiates. One of the nurses finds this dally scene to be very upsetting, although she has
always mode her displeasure obviOUS and has never been approached by the doctor. Even so,
she claims that she Is a vlcllm of sexual harassment because of the environment created by the
doctor.

Discuss Responses
 340

';facilitator's notes
25
The partiCipant', copy of Activity Two -Does the conduct Interfere with the victim's
(Handout) I, to be duplicated and work performance or create a hostile
enVironment?
distributed. to each participant at this
-Hal the victim let the harasser know the
point In your presentation. behavtor Is unwelcome?
-Has the victim recorded or reported the
Leave transparency #25 on the Incident?
screen and distribute the handout. -Old the emp/oyer know of the alleged
conduct?
Give participants at least 4 minutes to -Has the employer taken Immediate and
appropriate corrective action?
read the handout, keeping In mind
that they will discuss the following Incident 111: (Key pOints)
question: ApplyIng terms from the -The vendor's behavior Is deliberate,
definition of sexual harassment, EEOC repeated, unsolicited.
guIdeline" and other InformatIon -The vendor verbally harassed the unmarried
received, determIne whether these clerk with terms of endearment and
suggestive comments. He continues to ask
IncIdents Involve sexual harassment.
her out, even though she has turned him
down repeatedly.
You may break Into smaller groups for -Management may be responsible for the
dIscussIon purposes. Select a leader actions of people who are not directly
from each group to summarize Its employed by the agency, such as vendors,
discussion. Be sure everyone has had when they know of their behavior. This
enough time to read the Incident and supervisor was Informed about the behavior,
but did not take Immediate and corrective
to discuss It as a group. action.

Lead a discussion with the whole Incident 112: (Key pOints)

group. The propositions and sexual remarks made
by the co-workers to the woman were
In evaluating responses, consider the deliberate, repeated, and of a definite
following points: sexual nature. However, the question here Is
whether the behavior was unsolicited and
-Is the victim subjected to verbal, non-verbal unwelcome, and whether It resulted In a
or physical harassment? hostile environment. In this case, the court
-Is the behavior deliberate, repeated, found that the co-worker's behavior was
unsolicited, unwelcome, of a sexual nature? prompted by the woman's own sexual
-Is submission to the conduct made a aggressiveness and her own sexually explicit
condlflon of the victim' s employment or conversallons.
used as the basis for an employment
decISIon affecting the victim?

THE PREvE;JT/ON OF StXUAL HARASSlvlFNT AlID THE DISCRIMINATIOIJ COMPLAINTS PROCESS

 341

Facilitator's notes
continued

25
Incident 113: (Key points) man's behavior and confides her feelings to
Even though the doctor In question does not the other clerk. The second clerk tells the
have direct verbal or physical contact with supervisor that both women find the rep's
the nurse/Vlctlm. his behavior may Indeed behavior obJectionable. The supervisor
create a hostile environment. The nurse feels responds. 'Yeah-he's a real smooth talker.
that If she does not continually make a But he's Just trying to be friendly to his
definite effort to avoid him and discourage customers. Ignore him and he probably
him. she will be subjected to the same wont bother you." Shortly thereafter. the
behavior. This Is subtle harassment. but very unmarried clerk contacts an EEO counselor
real to the victim. and It may Interfere with with a complaint of sexual harassment.
her work performance. By not participating
In this behavior. the nurse has Indicated to 2. A woman member of the housekeeping
the doctor that It Is unwelcome. We do not staff at a Medical Center Is assigned to a
know whether she has shared her feelings work team comprised of men and women.
with the other nurses or her supervisor. We Members of the team work together on tasks.
also do not know whether the supervisor and Since the work Is physical. they usually
knows about these Incidents; however. since talk as they work. In addition. team members
they ore repeated on a routine basis. It might often take breaks together. so the team Is a
be expected that the head nurse would be social group as well as a work team. They
aware of the situation or present during their feel comfortable with each other and are on
occurrence. friendly terms. The new woman member of
the team seems to fit In quickly. making
friends with the other workers and Joining In
INCIDENTS: their conversations. She uses VUlgar
1. A representative of a hospital supply language freely In her speech and otten
vendor routinely visits the Procurement Initiates sexually o~ented conversations with
Ottlce. This 'rep' considers himself a 'ladles her co-workers. She asks male team
man' and always makes suggestive remarks members about their marital sex lives and
to the two female clerks In the ottlce. He whether they engaged In extramarital affairs.
addresses them as ' Sweetie" and 'Honey.' She freely discusses her own sexual
and comments on their appearance. with encounters In conversations with both male
specific references to parts of their anatomy. and female co-workers. A few weeks after
At the end of each visit. he always asks the she Joins the work-team. the womon alerts
unmarried clerk for a date. and leaves her his her supervisor to the fact that she has been
personal phone number. wrillen on his propositioned by male co-workers and
business card. The clerk repeatedly turns subjected to sexual remarks. She claims
down his request for dates and tries to refuse sexual harassment.
the phone number. but the 'rep' always
forces the Issue. Fearful of creating bad 3. A resident physician at a VA hospital
feelings. the clerk takes the business card. routinely stops by the nurses statlan on his
smiles pOlitely. and promises to 'think about ward. He always greets the nurses by
It.' This clerk Is very uncomfortable with the hugging them or touching them In some

THE PREVENTION OF SEXUAL HARASSMENT AND THE DISCRIMINATION COMPLAINTS PROCESS

 342

Facilitator's notes
continued

25
sexual way. Some of the nurses laugh and
go along with his playfulness while others
gently push him away and dismiss his
forwardness. Those nurses who object to his
behavior move away to avoid him. The
doctor does not force his attentions on the
nurses who avoid him. and he does not
pursue the others beyond the phy&lcal
contact he Initiates. One of the nurses finds
this dolly scene to be very upsetting.
although she has alway. made her
displeasure obvious and has never been
approached by the doctor. Even so. she
claims that she Is a victim of sexual
harassment because of the environment
created by the doctor.

THE PREVE NTION OF SEXUAL HARASSME ~J1 AND THE DISCRIMI~JA TION COM PLAINTS PROCESS
 343

The o

Discrimination
Complaints
Process: Steps
in the
Inf,orrnal
Process
Part Three Obiectives
At the conclusion of this section, you should
understand:
How to use the EEO informal complaints process.
~
~

Rights and responsibilities of all parties in the informal

complaints process.
 345

Facilitator'S notes
26
Read through objectives on
transparency.

THr PREVUJTION OF SEXUAL HAR!ISSI.lrNT MID THE DISCRIMINATION COMPLAINTS PROCESS

Activity Three
ANSWER THE TRUE/FALSE QUESTIONS ON
HANDOUT 3
At the end of this section, see if you agree with ~
~
C)
your original choices.
 347

Facilitator's notes
27
Duplicate the handout for Activity
Three. Before you begin section three. 6. A complainant's fight to remain
distribute the handouts to partiCipants anonymous expires when he or she flies a
and give them a few minutes to formal complaint. (True) (False)
answer the questions. You will discuss 7. An aggrieved person Is responsible for
the answers at the end of the section. using the complaints process only as a means
to ensure equal employment opportunity,
Read: and not to pursue resolution of other
problems at the work-site. (True) (False)
Before we explore the details of the
complaints process, let's determine what we 8. The responsible management official does
know about how the process workS. Take a not have to be given access to all case
few minutes to answer these True/False materials If the counselor believes that
statements. Then, at the conclusion of this certain Information would be an Invasion of
section, see If you agree with your original the victim's privacy. (True) (False)
choices.
9. While the complolnant Is entitled to official
Read through True/False statements: time off In order to purse counseling, he or
she must have the supervisor's permission to
1. A complaint of sexual harassment must be absent from the work-site. (True) (False)
also show evidence of disparate treatment,
reprisal, non-accommodation, adverse 10. The responsible management official
Impact, or perpetuation of past should withhold relevant case Information If It
discrimination. (True) (False) would leopardlze his or her present and
future employment status. (True) (False)
2. The complaint system Is designed to
Informany resolve a discrimination dispute,
where possible, without deciding who Is right
or wrong. (True) (False)

3. A complainant 'd oes not have to seek

counseling If he or she Intends to file 0 formal
complaint of employment discrimination.
(True) (False)

4. A good counselor Is the advocate of the

complainant. (True) (False)

5, No further steps In the complaint process

are pursued once the complaint has been
resolved Informally. (True) (False)

THE PREVENTION or SEXUAL HARASS~HNT Ar,D THE DISCRIMI~JI\TION COMPLAINTS PROCESS

Basis for Filing a Complaint of
Discrimination
Race
Color
~
00
Religion
Sex and Sexual Harassment
Age
National Origin
Physical or Mental Disability
Reprisal
 349

Facilitator's notes' .
28
Please explain the following: (2) Submission to or relectlon of such
conduct by an Individual Is used as the basis
BASIS FOR FILING A COMPLAINT for employment decisions affecting the
The law states that If a person feels that he or Individual; or.
she has been discriminated against they may
file an EEO complaint. However. to file a (3) Such conduct has the purpose of
complaint the action must fall within eight unreasonably Interfering with an Indlvldual's
protected categories. Each of the work performance or creating an
catego~es has specific criteria which help Intimidating. hostile or offensive working
determine discriminatory actions, environment.

RACE NATIONAL ORIGIN

Often confused with "Nationality.' refers to National origin discrimination Is broadly
the biological origin of a person; may differ In defined as Including. but not limited to. the
color of skin. color and texture of hair. and denial of equal employment because of an
other external characteristiCS. Individual's. or his or her ancestors. place ot
origin; or because an Individual has the
COLOR physical. cultural or linguistic characteristics
The complexion of people who are not of a national origin group.
classed as Caucasian. such as Black. Red.
and Yellow. RELIGION
Includes all aspects of religious observances
SEX and practices. as well as beliefs.
Male or Female (Homosexuality and
Lesbianism are not accepted Issues for an AGE
EEO Complaint within the Federal If someone Is 40 years or older at the time
Government. at this time) that the discrimination took place.

SEXUAL HARASSMENT DISABILITY (PHYSICAL OR MENTAL)

NOTE: This Information has already been A disabled person Is defined as one who:
defined In Part 1 a",d can be referenced
here rather than restated. (1) Has a physical or mental Impairment
which substantially limits one or more of such
Unwelcome sexual advances. requests for person's malor life activities (life activities are
sexual favors. and other verbal or physical walking. seeing. hearing. speaking.
conduct of a sexual nature constitutes sexual breathing. learning. and working); or
harassment when:
(2) Has a record ot such Impairment (this
(1) Submission to such conduct Is made means the person has a history of. or has
either explicitly or Implicitly. a term or been classified as having a physical or
condition of an Indlvldual's employment; mental disability that substantially limits one
or more malor life activities); or

THE PREVE NTION OF SEXUAL HARASSMENT AND THE DISCRIMINATION COMPLAINTS PROCESS
 350

Facilitator's J10tes
continued

28
(3) II regarded al having an impairment (this
means that; (a) a persan might have a
physical or mental impairment that does not
substanl1al1y ImIt major Ufe activities but 18
treated by an employer as havfng such
limitations or (b) a pelIOn has a phystcal or
mental impairment that substantlally limits
major lite actlvillel only as a result of the
attltude of an employer toward the
Impairment; or (c) a pelIOn might not have
a phystcal or mental Impairment but II
treated by an employer as having such
an impairment,

REPRISAL
Because of participation In a process
protesting discrimination oncludea
negol1ated grievance). the Indlvldual feels
that management 18 taking action against
them, Participation can be: IRIng a
complaint; being a wltn_. on EEO
Counselor. EEO Investigator ar anyone
associated with the program; and those
who express a belief In the program,

lHF PRE \ F111101~ OF SEXUI\L HI\RI\SSIv1F N i I\t I[) lHE DISC PI~ 11t~A 1101'1 ( OIM'll\lt~lS PllOCESS
Theories of D-iscrimination
Disparate Treatment
Reprisal
Accommodation
CA:I
01
Adverse Impact .....
Perpetuation of Past Discrimination
 352

Faciljtator!s notes
29
Acts of discrimination can be further
claSllfled according to these theories of
discrimination .

Read through list on transparency.

THE PREVENTION OF SEXUAL HARASSMENT AND THE DISCRi:v1INATION COMPlAI"lTS PROCESS

Disparate Treatment
All cases where the complainant says that he or she wa$
treated differently from other members of other groups on
the basis of race, color, religion, sex, age, national origin, CI:)

physical/mental disability, or in reprisal ~

80% of all formal complaints are based on the disparate

treatment theory
 354

Facilitator's notes "

30
The DI$par~te Treatment Theory of
Discrimination

The flrlt of the five theorlelldentlflel

discrimination based on dllparate treatmen!.
This theory 1& listed Ilrst because It applies to
most complaint situations. Approximately 80
percent of all complaints flied against the
Department of Veterans Affairs are properly
analyzed using this theory.

It applies to all allegations that the victim was

treated differently from similarly situated
Individuals of a different and non-protected
class. For example. an employee may allege
that he or she was not selected for promotion
because of race (black). where the person
selected Is white. This would be a disparate
treatment case. Similarly, a complaint may
allege that a female employee was
reprimanded because of sex (gender),
where similarly males were (allegedly)
disciplined less harshly. This Is also a
disparate treatment case.

THE PREVENTION OF SEXUAL HARASSMENT AND TH[ DISCRIMINATION COMPLAINTS PROCESS

Reprisal
Cases where an employee is warned that his or her job
situation could become uncomfortable if he or she
participates in the discrimination complaints process or
c.:I
opposes any unlawful discriminatory practice 0-.
0-.
 356

Facilitator's notes
31
The ReprIsal Theory of DIscrimInation

ThiS theory applies to allegations that the

victim was treated Improperly because 0'
prtor EEO activity. The poor EEO actfvfty may
encompass protests 0' allegedly
dlscrtmlnatory acts. as well as participation
In the EEO complain' process as a
complainant. a witness or a representative.

THE PREVErHlON OF SFYUAL HARASSMEN) AND THF DISCRIMINATION COMPLAINTS PROCESS

Accommodation
Complaints filed on the basis of disability or religious
discrimination, which allege that the complainant was
entitled to a reasonable accommodation to his or her
~
religious beliefs or disabling condition :g
 358

Facilitator's notes -
32
The Accommodation Theory of
Discrimination

This theory applies to certain complaints of

religious or disability discrimination. These
complaints allege that the vtctlm was entitled
to a reasonable accommodation to his or
her religious beliefs, or to his or her disabling
condition. This theory does not apply to
race, color, sex, national origin, age or
reprisal complaints. In addition, It does not
apply to all religion and disability
complalnts-only to those Involving
accommodations.

THE PREVENTION OF SEXUAL HARASSMENT AND-THE DISCRIMINATION COMPLAINTS PROCESS

Adverse Impact
Complaints which allege that a policy or practice, though
applied equally to everyone, has an adverse impact on
particular protected classes CA:l
$
 360

Facilitator'S notes
33
The Adverse Impact Theory of
Discrimination

In an adverse Impact case. the focus Is on

the consequences of an employment
practice. rather than on the motive. Adverse
Impact complaints are those which anege
that a policy or practice. though applied
equolly to 011 employees or applicants for
employment. has an adverse Impact or
effect on particular protected classes. For
example. let us suppose there Is a Nursing
Service education requirement applied to all
applicants. regardless of race. If this results
In black nurse applicants being hired at a
rate significantly lower than white nurse
applicants. this would be an adverse
Impact case.

THE PREVENTION OF SEXUAL HARASSM ENT AND THE DISCRIMINATION COM PL AIN TS PROCESS
Perpetuation of Past
Discrimination
A practice or policy which serves to continue past
disc rimination ~
0)
~
 362

Facilitator'S notes
34
The Perpetuation of Past
Discrimination Theory of
Discrimination

This theory concerns situations where. In the

past. management has had a discriminatory
policy or practice which It eliminated and
replaced with another policy or practice.
The new practice Is neutral on Its face. but
stili perpetuates the discriminatory effect of
the past policy. For example. let us suppose
that management had a past practice of
hiring only white registered nurses. let us also
suppose that It eliminated that practice
several years ago. but replaced It with the
practice of hiring only those registered nurses
who were referred to management by
members of Its all white registered nurse
corps. The policy of considering only
Internally referred applicants Is neutral on Its
face. because the current registered nurse
corps IS free to recommend any qualified
candidate. regardless of race. Nevertheless.
If the policy results In black registered nurse
applicants being selected at a rate which Is
significantly below the rate that white
registered nurse applicants are selected. then
the policy perpetuafes the past
discrimination.

As should be apparent. perpetuation cases

are very much like adverse Impact cases.
with the added tactor of a past discriminatory
practice. The analysIS of the Impact of the
replacement policy or practice Is conducted
In the some way as In adverse Impact cases.
Also. as with adverse Impact cases. once
discrimination Is established. the burden shifts
to management to Justify the policy or
practice as a business necessity.

THE PREVENTION OF SEXUAL HARASSMENT AND THE DISCRIMINATION COMPLAINTS PRO CESS
EEO Complaints
Most allegations of discrimination are based on race
and/or sex in connection with personnel actions.
~
Complaints based on sexual harassment have &5
increased over 100% since 1987.
 364

Facilitator's notes
35
Promotion. termination. appointment. and
dl.clpllnary action. are the most common
personnel actions that result In the filing of
formal EEO complaints.

Between 19B7 and 1992. the number of

complaint. flied on the basIS of .exual
harassment Increased over 100 percent.

THE PREVENTION OF SEXUAL HARASSMENT AND THE QISCRIMINA TION COM PI AINTS PROCESS
 365

VI
VI

0

~

..--
~
A.
I:
0
E
--
(5
c
0
E
(5
u....

-Ea-
II
-..
CD

-
0)
0
en
N
CD
0)
.!2
en

0
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 366

iFacilitator s notes 1

36
Many think of the complaint sysfem 01 a Administrative Board of
means of deciding who Is right or wrong. This Investigation
Is called adJudlcatlon. buf It Is only one way
to resolve a complaint. and not the goal of Some medical center directors appoint
the complaint process. Actually. the system AdminIStrative Boards of Investigation to
Is carefully designed to Informally resolve Investigate allegations of sexual harassment
disputes at the lowest level possible (the because the process moves foster than the
Informal complaint process) . EEO complaints process. It an administrative
Investigation Is conducted. It Is Important to
'AdJudication' (the formal complaint understand the tollowlng :
process) - In the form of on agency decision
as to who Is right and who Is wrong-takes - The administration Investigation and the
place only when good faith efforts towards EEO complaints process are separate
Informal resolution fall. processes that can occur at the lome time.

- The administrative Investigation process

does not supersede or stop time lines set
forth In the EEO complaint process.

- The EEO complaints process wllrnot be

Influenced by the adminIStrative
Investigation.

1HE PREVENTION OF SEXUAL HARASSMENT AND THE DISCRIMINATION COMPLAINTS PROCESS

Informal Complaints Process
Step 1: Complainant contacts counselor within
45 calendar days

Step 2: Counselor seeks informal resolution of ~

C')
complaint -.1

Step 3: Counselor gives written Notice of Final

Interview within 30 calendar days (may
be extended)

Step 4: Complainant has 15 calendar days to file

formal complaint
 368

Facilitator's notes '

37
Uncover each step as you discuss agreement between the complainant and
them the agency. During this step, the agency Is
represented by the EEO Director or his/her
Step 1. Pre-complaint counseling Is a designee. The agency or the unll of the
prerequlslle for filing a formal complaint of agency where the counseling occurs may
employment discrimination. The employee have an established allernatlve dispute
must seek such counseling from a designated resolution procedure. If so, and the victim
counselor within 45 days of the alleged agrees to partiCipate In the procedure, the
discriminatory event. or If It Is a personnel pre-complaint processing period shall not
action, wllhln 45 days of lis effective dote. exceed 90 days.
Counseling may not be waived, even by the
Deportment against which the complaint Is Step 4. Following receipt of the " Notice of
raised. Similarly, the 45-day time limit Is a rigid Final Interview: (or the "Notice of Right to File
one. EEO Complaint) the employee or applicant
Is free to file a formal complaint. The formal
Note - The 45-day time Ilmll was changed complaint must be In writing . A
through CFR 1614 which was effective Discrimination Complaints Form (V A Form
October I, 1992. Previous to this, the time 4939) Is available In the personnel office. A
IImll was 30 days. plain sheet of paper may be used as long as
the Information that V A Form 4939 requires Is
step 2. The counselor represents nellher the Included. The complaint must be signed
complainant nor management but Is a personally by the complainant and It must be
neutral fact finder who faCilitates resolution flied within 15 calendar days of receipt of the
of the complaint during the Informal process. "Notice of Final Interview' If one was Issued.
It may be flied with the EEO Officer (the
Counselors are expected to: Director of the field facility at which the
-Conduct fact finding complaint arose) or with the Secretary of
-Review records veterans Affairs, the Deputy Assistant
-Interview parties relevant to the Issue Secretory for Equal Employment Opportunity,
-Facilitate meetings between complainant or the VA Federal Women's Program
and management Manager In the Office of Equal Opportunity,
-Faclillate resolutlo'n of employee/appllcant- VACO .
management disputes
-Advise the parties to a complaint of their
rights
-Record counseling efforts

Step 3. The counselor must conduct a final

Interview wllh the complainant (employee or
applicant) wllhln 30 days of Initial contact.
This period may be extended up to an
addllianal 60 days through wrllten

THE PREVENTION OF SEXUAL HARASSME~JT AND THE DISCRIMINATION COMPLAINTS PROCESS

Complainant's rights
Right to use the EEO complaint process
Right to an EEO counselor of choice
Right to representation ~

~
Right to reasonable on-the-job time to pursue
complaint process
Right to remain anonymous
Right to freedom from restraint, interference, coercion
and reprisal
Right to file a formal complaint
 370

Facilitator's notes
38
The aggrieved pelllon's most basic right Is to EEO counselors. EEO ollicers. and EEO
use the complaint process to protest any program managers have vital roles In the
employment action or Inaction which he or resolution of discrimination complaints. To
she believes to have been discriminatory. " operate effectively they must have the
the allegation 01 dISCrimination Is sustained. confidence of both the agency and the
the victim has the right to be 'made whole'. employees. It Is Inconsistent with their neutral
That means he or she Is entitled to receive roles for EEO counselors. EEO officers. and
corrective action which restores him or her to EEO program managers to serve as
the status that would have been enjoyed If representatives for agencies or
the discrimination had not occurred. complainants. Therefore. EEO counselors.
EEO officers. and EEO managers cannot
The victim has the qualilled right to select on serve as representatives for complainants
EEO Counselor 01 his or her choice among or for agencies In connection with the
those deSignated to serve the partICular procesSIng of discrimination complaints.
lacillty. This right. under VA Policy. Is (See generally. 29 C.F.R.. 1614.605(c)-
considered 'qualified' because It Is not disqualification of representatives for
absolute. In Instances where a popular conflict of duties).
counselor Is vastly overburdened with
counseling while another counselor IS under- The right to remain anonymous exists only
utilized. the Ilrst EEO Counselor may direct the during the Informal counseling stage 01 the
aggrieved person to another EEO Counselor. process. After a formal complaint Is flied. the
or to the EEO Ollicer for assistance In finding aggrieved person becomes a complainant
another available EEO Counselor. and no longer has the right to anonymity.
Additionally. there are other circumstances
under which It would be Inappropriate lor a The aggrieved person has the right to a
selected EEO Counselor to accept a reasonable amount of olliciol time away
particular counseling asSIgnment. from the Job to develop and present his or
her complaint. Including time lor pre-
The aggrieved person has the right to be complaint counseling. What Is "reasonable"
represented by an Individual of his or her Is up to the Judgment of the EEO Officer.
choice. provided that person. If a VA depending on the complexity of the case.
employee. does not occupy a position "Reasonable" Is usually defined In terms of
where a conlilct 01 Interest could be hours. however. not In terms of days. weeks.
presented. A management official. an or months. While the aggrieved person's
EEO practitioner. or a personnel specialist right to official time to prepare and present
employed In the some facility as the the case Is absolute. he or she does not have
complainant and serving as representative Is the right to leave his or her work site lor this
on example where such a conflict would purpose without the permission of his or her
arise. The repiesentatlve may be. but Is not supervisor.
required to be. an attorney. Frequently. It
will be a union shop steward or other union
official.

THE PREVENTION OF SEXUAL HARASSMENT AND THE DISCRIMINATION COMPLAINTS PROCESS

Complainant's responsibilities
Use the complaint process for its intended purpose
Cooperate throughout the entire process
Make a good faith effort for resolution at the lowest
level possible
~
Request a reasonable amount of on-the-job time ~
....
Adhere to all time frames
Provide written advisement of representative and
changes in representation
Be specific about the incident
Keep Management informed of any address change
Do not misuse information gained during the process
 372

FaGilitator's notes
39
Above all, the victim/aggrieved person Is -Providing sufficient specific details about the
responsible for using the discrimination harassment Incident so that It can be
complaints system for the purpose for which It Investigated. This Includes providing the
was established: to provide a mechar-Ism for names of people having knowledge of the
ensu~ng equal employment opportunity. The events In question.
process should not be used for purposes of
pursing a personal vendetta, harassment. -Keeping the agency Informed of his or her
and other abuses. Such uses limit the current address, and his or her whereabouts
system's availability to respond to the If away from that address for any significant
legitimate concerns of those who truly period of time.
believe they have been discriminated
against. -Not misusing Information gained In the
course of pre-complaint counseling or the
Other complainant responsibilities Include: Investigation.

-Good faith cooperation In the prosecution

of his or her complaint, such as promptly
furnishing requested supplemental
Information, being available to the
Investigator, and similar requirements.

-Limiting his or her absence from the work site

to the minimum required for effective pursuit
of the complaint. He or she Is also
responsible for keeping the supervisor
Informed of the official time required for this
purpose and for obtaining the supervisor',
approval In advance for any required
absences from duty.

-Adhering to the time limits prescribed for

contacting the counselor and for each of
the subsequent steps of administrative
processing of a complaint.

THE PREVENTION OF SEXUAL HARASSMFr,T AND THE DISCRIMlr,jATION COMPLAINTS PROCESS

The Respondent Mgt. Official's
(RMO) Rights &Responsibilities
Rights:
The agency official responsible for allegedly
~
discriminatory activity is a witness and is entitled to ~

no more than the rights of any witness.

Responsibilities:
To cooperate with ongoing investigations
To provide all relevant and material information
 374

Facilitator's notes
40
RMO Ia the term now Uled to replace ADO
(Aneged Dlacrlmlnatlng Official). Another
term you may hear that Ia synonymous with
Respondent Management Offlclalla
ResponSIble Management Otflclal.

The retpOnllble management Otflclal should

have acc_ to case materlala to the eJrtent
needed to relPOrld to allegatION and give
evidence. The agency hal the burden of
determining which case material may be
released In accordance with The Prlvacv Act.

After the COfTVTlilllan deleted the term and

concept of an ADO. eome federal agencies
decided to coin new terms for ADO' .. such
as "RetpOnIIbIe Manogement Otflclall.
Responding Management Otflclall. and
others. From a legallfandpolnt. complaints
are lied against lederal agencies al entities.
regard'- of whether a complainant names
or ldentillei the person responsible lor the
action which gave rile fo the complaint.
Management's
Responsibilities
Attempt resolution of the complaint at the lowest
possible level
CA:I
~
Insure timely processing of complaints ~

Insure that employees be allowed to select an EEO

counselor of their choice based upon availability
Provide an adequate number of EEO counselors
Post pictures, names and telephone numbers of counselors,
along with complaint processing time frames
 376

Facilitator'S notes
41
Read through lilt on tranlparency.

THE PRE. EI FICIJ OF S: XUfIL H!\'iI\SSI;UJT !-1m THr DIScrW.'I~JI\ liON CO~~PII\INTS PROCESS
 377

......
CD
CD
...I:

~ I!II;]
--
:-
.......
--
c
 378

lllf 1'1 f [ f j 11 rj (1 'I II \ I 11/11),\ I , 11 r 11 {\ ' 'I ) 1111

:)\ )cr~ ':. J\~lr)'] C()" iPL/d; 11:) r'r<OCl 'l

Handout for Activity Three

Before we explore the details of the complaints process, let's
determine what we know about how the process works. Take a few
minutes to read through and answer these True/False statements. Then,
at the conclusion of this section. see If you agree with your original
choices.

1. A complaint 01 sexual haraument mUlt olio ,how evidence of TRUE FALSE

disparate treatment. reprisal. nonaccommodatlon. adverse Impact.
or perpetuation of post dlaC~mlnation.

2. The complaint system Is designed to Inlormally resolve a dlaC~mlnation TRUE FALSE

dispute,' where poSSIble. wHhout deciding whola ~ght or wrong.

3. A complainant does not have to leek counseling II he or she Intend. to TRUE FALSE
file a formal complaint of employment dlaCrlmlnation.

4. A good counselor Is the advocate 01 the complainant. TRUE FALSE

I. No further .tePI In the complaint procell ore pursued once the TRUE FALSE
complaint has been resolved Inlormally.

6. A complainant. rtght to remain anonymous expires when he or ahe fhea TRUE FALSE
a lormal complaint.

7. An aggrteved perlOn II reapon.IDle for ulfng the complaints proce.. TRUE FALSE
only as a mean. to ensure equal employment opportunity. and not to
pursue resolution of other probtems at the workslte.

I. The responlfble management offiCial does not have to be given TRUE FALSE
acce.. to all case matertalslf the counselor believes that certain
Information would De on Invaston 01 the victim's prtvacy.

9. Whne the complainant Is entitled to o,"clal time olf In order to pursue TRUE FALSE
counseling. he or ahe must have the supervlaor' , permiSSIon to De
absent Irom the workslte.

10. The responlfble management olflclalshould wHhhold relevant case TRUE FALSE
Information" H would Jeopardize his or her present and luture
employment statu .
 379

Facilitator's notes
42
At this point, you have reviewed the 7. An aggrieved person Is responsible for
steps In the Informal complaints uSing the complaints process only as a means
process and the rights and to ensure equal employment opportunity.
and not to pursue resolution of other
responsibilities of all parties Involved. problems at the work-site. TRUE
Now, go through the True/False
questionnaire, revealing one question 8. The responsible management official does
at a time. Ask partiCipants to correct not have to be given access to all case
their original response.. Answer any materials If the counselor believes that
questions. certain Information would be an Invasion of
the victim's privacy. TRUE

ACTIVITY THREE ANSWER SHEET 9. While the complainant Is entitled to official

time off In order to pursue counseling. he or
1. A complaint of sexual harassment must she must have the supervisor's permission to
also show evidence of disparate treatment. be absent from the work-site. TRUE
reprisal. non-accommodation. adverse
Impact, or perpetuation of past 10. The responsible management official
discrimination. TRUE should withhold reievant case Information If It
would leopardlze his or her present and
2. The complaint system Is designed to future employment status. FALSE
Informally resolve a discrimination dispute.
where possible, without deciding who Is ~ght
or wrong. TRUE

3. A complainant does not have to seek

counseling If he or she Intends to file a
formal complaint of employment
dlscrlmlnatlon. FALSE

4. A good counselor Is the advocate of the

complainant. FALSE

5. No further steps In the complaint process

are pursued once the complaint has been
resolved Informally. FALSE

6. A complainant's right to remain

anonymous expires when he or she flies a
formal complaint. TRUE

THE PROVE NTIO'J OF SEXUAL HARASSMENT AND THE DISCRIMINATION COMPLAINTS PROCESS
 380

Discrimination
Complaints:
Steps in the
Formal Process

How to
Prevent Sexual
Harassment
Part Four Obiectives
At the conclusion of this section, you should
understand:
C
How to use the EEO formal complaints process. 00
I-'

The rights and responsibilities of all parties in the formal

complaints process.

How to prevent sexual harassment.

 382

Facilitator's notes
43
Read through objectives on
transparency.
Steps in Formal Complaint
Process
Step 1: Complainant files formal complaint with one of
the following:
-EEO Officer/Medical Center -Federal Women's Program
Director Manager
gg
-Secretary of Veterans -Deputy Assistant Secretary
Affairs for Equal Opportunity
Step 2: EEO Officer reviews for acceptability determination
-Submits to Office of Equal Opportunity for assignment of investigator
-Refers to Office of General Counsel for acceptability decision
Step 3: Investigation conducted
 384

Facilitator's notes
44
Complalnll are considered flied when
delivered to an appropriate official. If the
complaint II mailed and addr_d to an
appropriate official, the postmark Indicates
the complaint hal been flied. The
complainant Is not required to Identify a
responSible management official on the
complaint form.

According to Title 29 of the Code of Federal

Regulation., a federal employee who Is
covered by a collective bargaining
agreement may elect to pursue allegations
of discrimination through one of two
channels. The matter may be pursued either
through the grievance and arbitration
procedurealn the collective bargaining
agreement, If the matter Is grlevable under
the agreemeni, or It may be pursued through
the EEO process. An employee may not
pursue both procedurea. If a written
grievance Is flied first, the complainant may
not thereafter file an EEO complaint on the
same matter. This holds true even If the
grievance ralsea an allegation of
discrimination within the negotiated
grievance procedure. Choosing a
procedure constitutes an "election of forum.
An election Is triggered by the filing of a
formal complaint or a written grievance.

THE PREVE~,1101, Cc SFXUAL f',\RASSMEI n Aim THE DISCRiMINA TION COMPLAINTS PROCESS
Steps in Formal Complaint
Process
Step 4: Investigative report is issued to the EEO Officer,
complainant and complainant's representative, along
with an advisement of rights letter 8c5
Q1

Step 5: EEO Officer has the option to meet with the

complainant to pursue resolution. If resolution is
achieved, a written settlement agreement will be
drafted and signed by all parties involved
Step 6: If complaint is not resolved, complainant
requests decision from OGC or requests hearing
conducted by EEOC
 386

Facilitator's notes
45
The EEO Officer has the authortty to accept
formal complaints but not dl1lmfll them. Onlv
the Offlce of General Counsel has the
autho~tv to dtamlss complaints.

-Investigator wAI not be an employee of the

facNltv where the comptalnt Originated

-Investigators are authorized to administer

. oaths

-Official affidavits may be taken by taping or

use of court reporter

-Investigator wm make a good faith effort to

facilitate resolution

THE PR[VF\ TIO~, OF SEXUJ\I '1ARAS5~',f'~T iii JD lYE DISC RIf,.' INA liON COMPlAINTS PROCESS
Preventing Sexual
Harassment
Communicate VA policy
eo"
Enforce the policy
~
Train employees
Encourage compliance by personal example
Report unacceptable behavior

Hot-line number: 1-800-767-0184

 388

Facilitator's notes
46
Our goolls a work environment free of sexual In addition:
harassment. Prevention Is the best method for
achieving this goal. Cooperate fully with any ongoing
Investigation.
The V A has established an explicit policy
against sexual harassment. It relies on Include compliance with the policy on
managers and employees to put the policy sexual harassment as a component of
Into practice. perlormance appraisal.

Managers/Supervisors should: Policy and pressure are only part of the

solution. All employees are responsible for
1. Communlcat. th. polley In writing to all complying with the spirit and the letter of the
.mploy policy. We can only reach our goal If each 01
us Is committed to the Idea of lair and equal
2. Educat mploye to anure treatment.
und.r.tandlng and n.ltlvlty. Train
employees In the specific applications 01 the
policy.

3. a.com. more ob rvant. Try to anticipate

circumstances In which sexual harassment
may occur.

4. Diligently .nforc. the polley. Pursue

complaints quickly. Take Immediate and
appropriate corrective action. This sends a
strong message to everyone about your
commitment to the policy.

5. Encourag. Individual. who b.II.v. th.y

have b n haran.d to r.port such Incld.nts.
Make sure that subjects 01 harassment know
they are protected and that there are
alternate. accessible routes for complaint.

THE PREVENTION OF SEXUAL HARASSMENT AND TI'F DISCRIMINATION COMPLAINTS PROCESS

Activity Four

Co

List of 7 steps: (Note: in scrambled order) ~

Complaint filed
Counselor contacted
Hearing if requested, with findings and conclusions
Occurrence (of Sexual Harassment)
Agencyfinaldec~on
Notice of right to file
Complaint investigated and notice issued
 390

TH[ ,'II[V[NTION OF SeXUAl IIAliASSMUIT filii) Tlif

DISCRIMINATION COMPLAI"ITS PROCESS

Handout for Activity Four

This chart shows an overview of the progressive steps In the EEO
Complaint Process. Using the Information you have received on the
formal and Informal process, place the seven steps listed Into the
appropriate point on the tlmellne

STEPS IN THE PROCESS

COMPLAINT FILED

COUNSELOR CONTACTED

HEARING IF REQUESTED. WITH

FINDINGS AND CONCLUSIONS

OCCURRENCE (OF SEXUAL

HARASSMENT)

AGENCY FINAL DECISION

NOTICE OF RIGHT TO FILE

COMPLAINT INVESTIGATED AND

NOTICE ISSUED
 391

Facilitator's notes
47
ACTIVITY FOUR ANSWER SHEET Distribute copies of "Handout for
Activity 4. Review the chart
This chart shows the progressive steps In the Overvlew of the Complaint Process,
EEO Complaint Process (under 29 C.F.R. Part
1614).
revealing each step on the screen,
one by one. SollcR answer. from the
participants. Answer any questions.

Conclude by explainIng:

This Is the end of this training module on the

Prevention of Sexual Harassment and the
Dlscrtmlnatlon Complaints Process.

It Is hoped that you now understand the

Importance of a work environment free from
dlscrtmlnatlon and sexual harassment. and
that you know how to prevent and deal with
such problems If they occur.

If you have further Questions. you may

contact your supervisor. your union steward.
an EEO counselor. or the Human Resources
Service (Personnel Office).

Thank you for coming to the training.

;YE 0REVEWIO\J OF SEXUAL HARASSiV,E'JT ;\\JD THE DISCRltJINATION COMPLAIN'S oROCcSS

392

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OPPICB OP INSPBCTOR GENERAL

RESPONSB TO QUESTIONS PROM
THE HONORABLB LANE EVANS
RANKING DBMOCRATIC MBMBBR OP
THE COMMITTBB ON VETBRANS AFPAIRS
HEARING ON SBXUAL HARASSMENT: APRIL 17, 1997

QUESTION 1. Does the VA IG take any steps to inform VA

employees concerning how to make a hot line inquiry? What
steps do you or the VA take to notify employees of the
availability of the hotline?

RESPONSB The IG Web Site (http : //www . va . gov/oig) gives

extensive information on the VA IG ' s jurisdiction and how
and where to report allegations of fraud, waste and gross
mismanagement . In addition , the VA employee handbook
includes an explanation of the IG's function and the
employee's responsibility to report information on potential
fraud, waste and mismanagement . The handbook includes
information regarding the IG's protection of complainants'
confidentiality, as well as the rights and protections
afforded complainants under the Whistleblower Protection
Act .

The process for filing a complaint with the IG hot line is

easy. A simple letter (signed or unsigned) to the IG or a
call to our well publicized 800 number can be used to
register a complaint with the IG hotline . Also, the hotline
can be contacted through e-mail, and our e-mail address is
listed in our Web Site.

The IG hotline's 800 number and/or mailing address is

publicized in a number of ways to include the following:
In the Internet Web Site, where the March 1997 contacts
with the IG Web Site totaled over 52,000,
On posters that have been distributed to all VA
facilities,
On business cards that have been handed out by IG staff
during investigations, audits, inspections and other reviews
at VA facilities,
. In the VA telephone directory,
In the yellow pages of major metropolitan areas,
On pay slips for all VA employees,
On the back cover of the IG's Semiannual Report .

The number of contacts with our hot line are, to our

knowledge, the highest in the IG community. This high rate
of contacts indicates to us that complainants are not having
any difficulty in determining how and where to file a
complaint with the IG hotline.

QUESTION 2. With regard to the VA IG review of the

allegations against Director Calhoun in Fayetteville, please
explain how you conducted your investigation and explain to
the Subcommittee when the initial hotline calls were
received, how many people took part in your investigation,
how many witnesses you talked to, and the basis upon which
you reached your ultimate findings?
 394

RESPONSE The initial indication of potential problems at

VAMC Fayetteville was disclosed to the IG in a signed
constituent's letter forwarded to us by Senator Lauch
Faircloth. We received this information on March 4, 1996.
The initial allegations did not mention sexual harassment,
but instead focused on the alleged use of foul language in
mixed company by the Director, the Director's alleged
penchant for lying to the staff, and alleged stress
experienced by the staff and unfavorable impact on staff
morale created by the Director's actions.

Since the complainant's letter did not contain specific

examples, a member of the IG hotline staff contacted the
complainant on March 12, 1996 and asked him to provide the
IG with whatever details he had on the alleged problems
created by the Director, VAMC Fayetteville. On March 20,
1996 the complainant called in a list of current and former
employees of VAMC Fayetteville who he believed could confirm
his allegations against the Director.

During the next two weeks, the hotline staff member

contacted 5 individuals on the complainant's list . One of
the individuals contacted was Ms. Cindy Force. During the
discussion with the IG hotline staff member, Ms. Force made
an allegation of sexual harassment against the Director .
This was our first indication that the misconduct
allegations against the Director may also involve sexual
harassment.

At this point, there was enough information for the IG to

open a Special Inquiry into the allegations . Ms. Judy
Shelly, a senior analyst with over 4 years experience on the
IG's Special Inquiry staff and prior GAO experience, was
assigned the case. She conducted the interviews with
assistance from the Special Inquiries Division Director, Mr .
Michael Staley. Mr. Staley has been the Division Director
since September 1995 and prior to that was a senior auditor
in the VA IG organization for over 20 years.

At the beginning of the special inquiry, as is our normal

practice, we contacted the VISN 6 staff to discuss our
review and make arrangements for a site visit. During those
discussions, VISN 6 staff indicated they were aware of
"management" problems with the Director, VAMC Fayetteville
and were planning a visit to VAMC Fayetteville to review the
situation.

In follow on discussions with the VISN 6 staff, they

indicated that they had received a complaint from Ms. Judy
Hawkins' husband alleging the Director's actions created a
hostile work environment for his wife. This allegation was
forwarded to us since it contained some indication that the
Director may have, among other things, used inappropriate
language of a sexual nature with Ms . Hawkins.

The VISN Director and the IG's special inquiries staff

struck an informal agreement that the VISN would perform an
independent review of the management issues at VAMC
Fayetteville and the IG would review the alleged sexual
 395

harassment by the Director. Given the limited staffing in

the Special Inquiries Division and the willingness of the
VISN staff to investigate what could be extensive management
problems, the agreement seemed a reasonable two-pronged
approach to getting at the alleged problems with the
Director.

After we began our on-site interviews, our hotline received

a call from the original complainant that Ms. Sue Caruana
had also been sexually harassed by the Director. With that
information, we now had three potential cases of sexual
harassment by the Director. Also, as in many other reviews
we conduct, once we go on site it is not unreasonable to
expect other victims to step forward with complaints and/or
for interviewees to provide other names of individuals with
similar complaints. This is precisely what happened in our
previous investigation of sexual harassment at VAMC Atlanta.

In conducting the special inquiry, our records indicate that

we interviewed 21 employees, or former employees of VAMC
Fayetteville, as well as other individuals. These
interviews are key to this type of investigation because
acts of sexual harassment are not usually documented in a
written record or witnessed by others .

The IG report clearly outlines our findings and conclusions

regarding the Director's alleged sexual harassment and abuse
of the three women we reviewed . Prior to finalizing the
report, the evidence collected was thoroughly assessed by
senior managers in the office of the Assistant Inspector
General for Departmental Reviews and Management Support and
the Office of the Counselor to the Inspector General. In
the opinion of these individuals and after a careful
analysis of the evidence relative to laws, regulations ,
policies and case law pertaining to sexual harassment, the
conclusions were made that one woman was sexually harassed
and the Director's behavior towards all three women was
abusive , threatening and inappropriate.

QUESTION 3. You have testified that your office

investigated three separate allegations of harassment by Mr.
Calhoun made by three individual employees at the
Fayetteville VA facility . You were unable to substantiate
one of the allegations because your office was unable to
corroborate the allegations with testimony from other
witnesses . Does that mean that any time you investigate an
allegation involving no other witnesses other than the
alleged victim and the accused , you would be unable to
substantiate the allegations .

RESPORSI Not necessarily. In all cases , we look for

evidence to corroborate or refute the testimony of the
accused and the alleged victim . In some types of cases,
such as sexual harassment, it is not unlikely that the
prohibited conduct occurred outside the presence of third
party witnesses . We routinely ask the alleged victim
whether he or she related the incident(s) to anyone or made
any contemporaneous writings about the incident. The
existence of such evidence could corroborate the alleged
 396

victim's testimony and could be t he basis for a finding that

the sexual harassment complained o f did , i n fact , occur.

As stated in our report, this is the type of evidence we

used to substantiate Ms. Force's allegation that she was
sexually harassed by Mr. Calhoun. Unlike Ms . Force, Ms.
Caruana was unable to provide us with any information, other
than her own testimony, to corroborate her allegations. In
addition to seeking the existence of evidence to corroborate
the testimony of the alleged victim, we also ask the accused
whether there is any evidence to corrobo rate his vers~on of
the events of circumstances . As with the alleged victim ,
such evidence would either support or refute the testimony.
Like Ms. Caruana, Mr. Calhoun could not provide us with any
evidence to corroborate or refute the allegations, other
than his own testimony.

When neither the accused nor the alleged v i ctim can provide
evidence to corroborate or refute the allegations, the
creditability of the two witnesses becomes the key
ingredient in a "he said, she said" type of case . If it can
be established through testimony on related issues that one
or the other witness is not creditable, then we may be able
to conclude that the unreliable witness is not being
entirely truthful with us and the other person is the more
creditable of the two witnesses .

In this case, we did question Mr . Calhoun's creditability .

However, the longtime friendship between Mr. Calhoun and Ms .
Caruana and other evidence of Ms . Caruana's more recent bias
and bitterness towards Mr. Calhoun tended to cloud the
issue . Therefore, based on a thorough review of all the
evidence , it was the opinion of our legal staff, that it
would have been extremely difficult for a charge of sexual
harassment to be sustained by the Merit Systems Protection
Board (MSPB) should the Agency have charged Mr. Calhoun
based on Ms. Caruana's allegations.

As noted in our report, we did conclude that Mr . Calhoun ' s

conduct towards Ms . Caruana was inappropriate . In our view ,
Mr. Calhoun could have been charged with misconduc t, not
sexual harassment of Ms . Caruana, and the misconduct charge
could reasonably be expected to be sustained by MSPB .

QUESTION 4. You have indicated that you are currently

investigating two other sexual har assment allegations
against senior VA managers. When can we expect a report on
these investigations, and what is the status of these
investigations?

Are there any other pending allegations of sexual harassment

against VA employees that the IG's office is currently
investigating? If so, can you provide the subcommittee with
a status report on the nature and number of such
investigations?

RESPONSB We currently have two on - going special inquiries

of allegations of sexual harassment agai nst senior VA
managers . The first case involves the allegation that a
 397

lower graded employee engaged in sexual harassment and

misconduct over a period of time, and senior managers at the
facility who were aware of the employee's condu c t did
nothing to stop it . If valid, this could create a hostile
working environment for employees. The field work and
interviews are nearly complete. After a careful review by
senior IG staff, including IG legal staff, we will issue a
draft report for management comment. At this time, we are
targeting July 15, 1997 for the release of the draft report.

The second active case under review involves allegations of

verbal sexual harassment by a senior VA manager. We are in
the midst of this investigation and at this time it is too
early to predict a date for release of the draft report .

Also, at this time, the IG is not conducting any other

investigations of sexual harassment by VA employees.

o
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