Female DA Civilian is a Workplace Bully & Sexually Harassed Soldiers and other Civilians. How do you make the workplace safe?

CSM Private RallyPoint Member — Tue, 26 Apr 2016 00:51:06 -0400

A GS-9 mistreats and sexually harasses many Civilians and Soldiers on post at work. She was reported back in 2015 several times. A 15-6 Investigation substantiated she is all of this, and the recommendations were for her to not work around either Soldiers or Civilians. Yet she is still in the workplace, continuing her destruction of harm to people around her. What can the people that work with her do to stay safe from her harm, since they are not being provided a Safe and Healthy Workplace?

Response by SFC Private RallyPoint Member made Apr 26 at 2016 1:03 AM

SFC Private RallyPoint Member — Tue, 26 Apr 2016 01:03:19 -0400

If she was a supervisor she should immediately been removed from that position. But if I'm not mistaking there is a process that is way different for military personnel. They have to find her a different position that is comparable in the pay grade that she is in....I'm going to research this a bit more in about 7 hours when i get to work....more to follow

Response by LTC Private RallyPoint Member made Apr 26 at 2016 1:42 AM

LTC Private RallyPoint Member — Tue, 26 Apr 2016 01:42:10 -0400

The 15-6 investigation simply gathers the facts and makes a recommendation to the commander. So what was the disciplinary action, if any, that resulted from the 15-6? If there was a reprimand or something, the person could probably continue to work, knowing any further bad action could result in additional punishment. But there's a lot of info needed before we could really recommend anything. What position is the person in; how many people were harrassed; what was the time duration of the poor behavior; had there been any previous discipline related to this behavior; and finally what was the punishment this time.

So it's hard to say what should happen, but in general if the person is punished and eliminates the bad behavior, I'd advise subordinates to continue to work professionally with the person, and just note if the bad actions continue.

Response by CSM Darieus ZaGara made Apr 26 at 2016 5:28 AM

CSM Darieus ZaGara — Tue, 26 Apr 2016 05:28:05 -0400

Just like with service members there is a process for dealing with Civilians and it is not over night. She can be placed in temporary duty while this process takes place.

The system, like UCMJ is designed to ensure proper handling of employees. If the COC is on their JOB they will work through this. Each Federal agency falls under OPM. I recommend you become familiar with these policies.

Good luck

Response by SGM Matthew Quick made Apr 26 at 2016 7:49 AM

SGM Matthew Quick — Tue, 26 Apr 2016 07:49:45 -0400

Has a formal complaint been file?

http://www.sexualassault.army.mil/Template-SexualHarassment.cfm?PAGE=formal_harassment.cfm

SEXUAL HARASSMENT/ASSAULT RESPONSE & PREVENTION

Army G-1 SHARP Program Office Sexual Harassment Assistance Line:Non-emergency, Mon-Fri, 0830-1600 Comm Phone: 703-695-4711DSN: 312-225-9964Help Line: 1-800-267-9964

Response by SFC Private RallyPoint Member made Apr 26 at 2016 8:35 AM

SFC Private RallyPoint Member — Tue, 26 Apr 2016 08:35:38 -0400

Report her, video tape or record her. With civilians I have found that the more proof or evidence the better chance you have to remove her.

Response by Capt Tom Brown made Apr 26 at 2016 9:38 AM

Capt Tom Brown — Tue, 26 Apr 2016 09:38:16 -0400

CSM Private RallyPoint Member The person you speak of must have a great deal of political stroke and power to garner this kind of 'support' from the system. Thanks to you for standing up to try and do something about it. It must be very frustrating to see the system work like this. If you are running into a brick wall, imagine what anyone of lesser rank must be faced with. Hope you get a lot of good suggestions from folks here on RP.

Response by MSG Private RallyPoint Member made Apr 26 at 2016 9:43 AM

MSG Private RallyPoint Member — Tue, 26 Apr 2016 09:43:22 -0400

From what I understand of GS/DA Civilian employees.....it's a very long lengthy road of a process to remove someone.....and that's IF all the paper trail is in order.

Response by LTC Thomas Tennant made Apr 26 at 2016 10:47 AM

LTC Thomas Tennant — Tue, 26 Apr 2016 10:47:13 -0400

CSM Baldwin....I can feel your pain and concern. I have also read the other comments so far and see a lot of collective wisdom provide by this community. As a concerned NCO leader, your task of protecting your troops is now make that much harder.

As a reserve BC, I too had a senior female CA Civilian who was creating a hostile work environment. I had soldiers in theater and a sizable rear detachment where she had day to day supervision. The first challenge is documenting every incident of harassment and any infraction. My soldiers in theater were more concerned about what was happening at home than the dangers in front of them simply because of the rumors and innuendos being thrown around by this woman. Coupled with her outright hostility to the new command team and organizational direction we needed to go, she did other things to disrupted and destroy and good order and discipline. Overall moral was in the bucket.

That situation was simply unacceptable. and after three major investigations, we were in the process of nailing her on "time card fraud" (which is a dismissible offense). At that point she leveled allegations against my command team...lots of mud being thrown around....suspending our actions until final disposition of this new investigation. In the course of that investigation against us, she got another GS job and left us.

My point of telling you this ... the system is rigged with layers of red tape and review panels. As a DAC and long term "USAR Military Technician" I can say that is why the bad apples end up hanging around and killing productivity and unit moral and cohesion. Witnesses and even those on the sidelines are forced to sometimes take sides and tensions run high. For some this will be "high drama" being played out in real life. Is her harassment "same sex" or is she an "equal opportunity" harasser? Regardless of her pattern, they all have to come forward each and every time this individual crosses the line of acceptable behavior. If you are close to your troops both you and your SHARP NCO need to conduct multiple one-on-one counseling and devise ROE when it comes to dealing with this individual.

This also places you and the rest of the command team on constant "damage control" and having to document everything. Now, be very careful and make sure all of the command team's actions are above board, ethical and above reproach. As members of the command team, you are now forced to be each other's accountability partners. Trust is going to be a precious commodity and there can be no secrets....so keep the SJA in the loop.

Never allow yourselves to be alone with her because if this individual is so unethical to sexually harass your soldiers then she will not be above to start throwing false accusations and other mud around. Over time she will become increasingly isolated and constrained to the point she herself will feel harassed. Expect her to start lashing out, particularly since she has been a subject of an AR 15-6 investigation.

Also, expect her going outside the chain of command for help and may be triggering retaliatory investigations. My own battalion was subjected to and passed a full "soup to nuts" AGI inspection because of my DA civilian's allegations.

Hence - conduct your own aggressive OIP and keep everyone focus on preparing for prying eyes....and improving operations. That AGI inspection did more to make the battalion and companies become even better than before. The preparation also helped pull people together. Speaking of which....The cmd team has to carefully (and the emphasis is on carefully) identify who is leaning or fully in her corner because once the problem is removed or neutralized, will have to work to bring them back into the fold.

You and your people can and will survive this individual. It will be painful and you just might have to face some unpleasant consequences. Unfortunately, for my battalion, some of my people became collateral damage and even I had to take some otherwise unnecessary "hits" (which I am told good leaders do) but as a whole we survived.

Good luck and keep us at RP in the loop.

Response by TSgt Torrence Harris made Apr 26 at 2016 11:00 AM

TSgt Torrence Harris — Tue, 26 Apr 2016 11:00:42 -0400

record, record, record!!!

Response by SGM Erik Marquez made Apr 26 at 2016 11:27 AM

SGM Erik Marquez — Tue, 26 Apr 2016 11:27:47 -0400

As noted otherwise, a 15-6 is just a tool for the commander. It culminates in a recommendation. It holds no authority or ability to cause an action. That takes a commander.
The commander either agrees with the 15-6 findings to an extant action is warranted or they do not. If not, then nothing is done.
Those that feel "targeted" by this persons actions should do thier job to the best of their abilities, observe and note transgression of the other, continue to make observations known the the command team.
If that does not bring about change, then the IG is the next step....being reminded the first question the IG will ask and confirme is "have you spoken/used/informed your chain of command?"

Response by SFC Jimmy Hernandez-Benitez made Apr 26 at 2016 1:11 PM

SFC Jimmy Hernandez-Benitez — Tue, 26 Apr 2016 13:11:43 -0400

It does not matter in the military or civilian is unacceptable, but is a shame that it is still going on.

Response by CW3 Stephen Bacon made Apr 26 at 2016 1:17 PM

CW3 Stephen Bacon — Tue, 26 Apr 2016 13:17:33 -0400

Sergeant Major:

When I was assigned at the Weapons Station, Seal Beach, CA, wayyyyyyyy back in the day, there was a GS 7 or 9 who worked close to us that went through literally 2 years of disciplinary steps before he was finally fired. Charges to include: Theft, fraud, FTR, etc.....

The system is so different from how the UCMJ works, it's sickening. I believe (If memory serves) you can see all of the disciplinary steps afforded to civilian employees in the DoD Persman 50001 series.

So, it is not surprising that the person of whom you speak is still there.

Response by SGT James Colbert made Apr 26 at 2016 1:25 PM

SGT James Colbert — Tue, 26 Apr 2016 13:25:22 -0400

CSM
IT would gave to be EEO or IG. I do believe tje IG or EEO FOR FEDERAL has a hotline

Response by MSgt Michael Bischoff made Apr 26 at 2016 2:56 PM

MSgt Michael Bischoff — Tue, 26 Apr 2016 14:56:53 -0400

Sorry for my ignorance, what is a 15-6, is this a Army thing or have I been out to long.

Response by LTC Thomas Tennant made Apr 26 at 2016 3:00 PM

LTC Thomas Tennant — Tue, 26 Apr 2016 15:00:57 -0400

Okay, I just review your profile. Are you a reserve CSM? Are you part of the command team that this civilian is under? Is this civilian a "USAR Military Technician" or DAC? Depending on how you answer these questions will make a big difference. You might want to stand back particularly if you are not within the command chain as CSM.

While my previous comments are still very valid in a general sense, the politics of the command structure may speed up or slow down the disciplinary process. I am know something with your current command structure within USARC. Trust me, within the USAR there is a tendency to not tackle a "tar baby" outright and it usually takes something drastic to trigger aggressive disciplinary action.

Response by CSM David Heidke made Apr 27 at 2016 9:54 AM

CSM David Heidke — Wed, 27 Apr 2016 09:54:01 -0400

Is this title in English?

Response by SSgt GG-15 RET Jim Lint made May 5 at 2016 6:33 PM

SSgt GG-15 RET Jim Lint — Thu, 05 May 2016 18:33:21 -0400

CSM Jane Baldwin,
If she did anything wrong, IAW Army policy, and anyone has proof, they should already have their behind at the IG office. I have been both the target and user of the IG. That is where to go. Next is the the command lawyer in the Special Staff. Then, look for the CPAC representative. In your position, a CSM in a unit with civilians, you need to make some friends at the Civilian Personnel Office. Go to lunch with them and DO NOT ask for something. They will be much happier to talk to you when you do have a problem.

Response by SGM Robin Johnson made May 6 at 2016 12:29 AM

SGM Robin Johnson — Fri, 06 May 2016 00:29:45 -0400

CSM, you stated that a 15-6 was done because of harassment, with a recommendation made about where she work. You are probably aware of this already, but the recommendation isn't really the germane issue. The FINDINGS are. If the 15-6 found that she did harass others, or engage in any unauthorized or inappropriate workplace behavior which was contrary to procedure, policy, or had a negative impact on productivity or unit cohesiveness and morale, then REGARDLESS of the recommendation the commander had the authority to take action consistent with any negotiated agreements (based on her grade and series and local workplace agreements.) Generally this would depend on the egregiousness of the actions, but there would need to be counseling first, then if that did not result in a change in behavior a Performance Improvement Plan prior to dismissal. There is often a bargaining unit representative who must be notified. See your CPAC for a class in civilian disciplinary actions, and get (and read) a copy of any collective bargaining agreements pertaining to your unit. This should be included in NCODP for any NCOs who supervise civilians as well. The belief that DACs can't be fired is perpetuated by people who don't do the paperwork - you just need to know what to do (just like putting someone from the formation to the streets.)

Response by CSM Charles Hayden made May 23 at 2016 11:20 PM

CSM Charles Hayden — Mon, 23 May 2016 23:20:26 -0400

This represents one more example of the poisonous 'unions'. When we see they have enough clout to prevent any reform of unions enacted, there is obviously a problem.

Response by LTC Private RallyPoint Member made May 23 at 2016 11:45 PM

LTC Private RallyPoint Member — Mon, 23 May 2016 23:45:04 -0400

Well, there's always the old court of public opinion approach. A little public shaming can go a long way...

Response by SGT Stacey Nelson made May 24 at 2016 11:46 AM

SGT Stacey Nelson — Tue, 24 May 2016 11:46:32 -0400

Get no contact orders?

Response by MAJ Private RallyPoint Member made May 24 at 2016 10:52 PM

MAJ Private RallyPoint Member — Tue, 24 May 2016 22:52:25 -0400

CSM, I'm currently at Fort Bliss and preparing to retire. If you're able to tell me who she is or where she works I may be able to assist. I've had the unfortunate privilege to deal with a few DA Civilians like this in the past, and as I'm retiring I have zero fear of retaliation or retribution.