Watchdog reports released last year showed the Department of Veterans Affairs sexual harassment policies were "inconsistent and incomplete" and roughly one in four VA employees and women veterans experienced sexual harassment or assault at VA.
More recent reports from the department's inspector general highlight examples of VA staff abusing veterans; including a Mississippi VA gynecologist who for years made vulgar comments and jokes during exams and did not face punishment, and a VA National Call Center supervisor stalked and harassed a woman veteran, accessing her private medical records.
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This week, lawmakers introduced legislation aimed at improving policies and oversight to "crack down" on harassment at the department and management failures.
The Improving VA Accountability to Prevent Sexual Harassment and Discrimination Act was introduced by Sen. Joni Ernst, R-Iowa, an Army veteran, Sen. Maggie Hassan, D-N.H., and Reps. Chris Pappas, D-N.H., and Ashley Hinson, R-Iowa.
Ernst, a sexual assault survivor herself, requested the 2020 Government Accountability report that revealed significant failings to address assault and harassment on the part of the massive federal agency, including an insufficient leadership structure for overseeing sexual harassment complaints, outdated policies, training, and more.
“Sexual harassment must be addressed and rooted out no matter where it exists, but under no circumstance can it be permitted under the roof of our nation’s VA—a place so many of our veterans trust and rely on,” Ernst said in a statement Tuesday. “As a sexual assault survivor and a combat veteran myself, I’m disturbed by the failures that have gone on at the VA for far too long. It’s past time we take action.”
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The legislation would require VA to implement the recommendations from the Government Accountability report released last year, including:
- Change positions to avoid conflicts of interest;
- Ensure VA harassment policies are consistent and updated;
- Require managers to report all harassment complaints and data on harassment prevalence;
- Ensure any corrective actions from sexual harassment complaints are varied out and evidence they were enforced is reported;
- Require additional training for VA staff on identifying and addressing harassment.
Earlier this month, a group of 50 House lawmakers led by Assistant House Speaker Katherine Clark, Veterans Affairs Committee Chairman Mark Takano and Women Veterans Task Force Chair Julia Brownley, sent a letter to VA Secretary Denis McDonough asking about the implementation of provisions from the landmark Deborah Sampson Act passed last year, which included measures requiring VA to establish comprehensive sexual assault and harassment prevention policies.
“The lack of consistent policies has led to deeply troubling incidences of sexual harassment, including a recent incident in Massachusetts where a woman veteran was intimidated and sexually harassed by a supervisor from the VA’s National Call Center,” the lawmakers told McDonough in their letter. "Using personal information that he improperly collected from her VA medical records, this VA supervisor called the female veteran via FaceTime from his personal phone ... commented on her appearance, asked about sexual preferences and made abhorrent, threatening remarks while urinating on camera.”
The veteran was "unable to identify any centralized mechanism to report the sexual harassment" and "continues to be completely in the dark" about the safety and security of her private information at VA, lawmakers continued. "As alarming as this story is, it is sadly not an isolated incident."
When McDonough took over as head of VA, one of his first promises was that he would not tolerate harassment or discrimination "at any level." Last week, McDonough and other VA senior leaders took the "White Ribbon Pledge" to "never commit, excuse or stay silent about sexual harassment, sexual assault or domestic violence against others." McDonough said the pledge was about trust and standing with survivors.
"Sexual assault ... is a devastating abuse of power," he said. "I won't tolerate it. By being here today and taking this pledge, I know that you too will refuse to tolerate it."
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All of the largest and most influential veteran service organizations, along with dozens of lawmakers last year demanded the resignation or removal of then-VA Secretary Robert Wilkie following a damning report that found he and his senior staff sought to discredit a veteran who reported being sexually assaulted at a VA hospital. Wilkie did not resign and was not removed.
In February, the department's inspector general released a report showing that a Mississippi VA gynecologist made vulgar comments and jokes during exams, wouldn't allow women veterans to speak or ask questions, yelled at and otherwise abused them for years.
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A nurse chaperone working with the gynecologist, who was supposed to be present during exams to support patients, said they didn't believe his behavior was inappropriate, arguing, "That's just his personality ... If you don't like (it), then find you a different surgeon" and called patients "too sensitive."
The same gynecologist was cited for misconduct in a 2018 inspector general report and in 2015, 2016, and 2017 proficiency reports. Though VA leaders knew about complaints against him, leadership didn't launch an investigation into the gynecologist for four years. The investigation turned up the same evidence, but it "did not rise to a level of progressive discipline," officials said.
When the chief of surgery told the gynecologist about complaints against him, that his conduct was in question, HR was involved and there would be "zero tolerance" for misconduct, he retired. VA leaders did not report him to state licensing boards or the National Practitioner Data Bank, despite evidence that his conduct warranted it.
Patients said his behavior made them feel "defeated, numb, anxious, sad, hurt, angry, traumatized, re-traumatized, violated, afraid, alone and severely depressed." One said she had "not been the same since her appointment" with the gynecologist. But the women came forward because they said they were worried the gynecologist would continue to abuse other women.
"I wish there was more support," one woman veteran said. "there is always a thing where no one believes women ... when we say something is wrong."
Veterans and visitors can report to patient advocates, VA police and the Women Veterans Call Center. Call or text 1-855-VA-WOMEN. Employees can report to the Harassment Prevention Program, VA police or the Disruptive Behavior Reporting System. Call 1-888-566-3982, option 3.
If you or someone you know is a victim of sexual harassment or assault, call the National Sexual Assault hotline at 800-656-HOPE or chat online at online.rainn.org.
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Reach Abbie Bennett: abbie@connectingvets.com or @AbbieRBennett.
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