And i also ask unanimous consent there afforded the opportunity to question the second panel of witnesses without objection so ordered i would like to think the witnesses for taking time to be with us today on this serious issue and i commend speaker wright and for bringing this important issue to the forefront for a comprehensive review it is a critical part of the review process but first and foremost, let me say there is no place for Sexual Harassment in our society. Period. Especially in congress. This is an extremely important topic taking of us working together to address this issue. I believe is members of congress we should hold ourselves to a higher standard that demonstrates were worthy of the truster placed in us by constituents and the american people. Thosee. Accounts of Sexual Harassment experienced by current and former members including one of our Witnesses Today revealed sexualharassment is a serious problem in society in congress is not immune. It is no secret the culture on capitol hill is unique well there are 441 Employee Office is in the house we shall share the common goal to create safe and Effective Work environments productive and collegial and responsive to the needs of our staff and constituents and public bills personal accounts suggests not every officer is achieving this goal. They dictate the need for comprehensive review of the house policy and procedures as well as the Resources Available relating to Sexual Harassment in the workplace currentlynt Awareness Training is not mandatory there is concern victims of Sexual Harassment are not aware the themrces available to some have criticized the process to adjudicate the claims but to dave will hear from two members one was a victim of Sexual Harassment while a congressional staffer in the other specialized in employment discrimination litigation including Sexual Harassment cases before election to congress. In addition we would hear from representatives of the office of compliance and and Planning Council to entities responsible for providing training and resources to members and staff among other services. The office of compliance is an independent agency established to administer a force provision of the act will the office of compliance is responsible for training members invest zaph, there are individuals like representatives appear to the spoken publicly about the need for the office of compliance to do more located within the office of the corps provides training and resources for members and chief of staff as well as the entire office. In addition the house and Planning Council represents lawyers in the Office Proceedings several bills and resolutions that seek changes to the process many of which make trained trimming mandatory for all members and staff. It is widely acknowledged antidiscrimination and antiretaliationnd training for employees in the workplace education directly impacts employee behavior and a comprehensive Training Program continues to be the most effective thing they do to reduce complaints with the productive workforce. I believe we need mandatory training and everyone here will agree but to be more organized and a comprehensive approach to addressiv Sexual Harassment in the workplace and as i said at the beginning this is just a first death in the review hearing from each of the Witnesses Today and both panels and mr. Brady order recognized. Mr. Chairman thank you for calling the hearing today. Zero tolerance for Sexual Harassment and any type of discrimination. That is why one of the first sponsors the congressman from california to with the courage and determination for members of congress. Thank you for being here today. To require mandatory training for some members of staff also office of compliance to get back to as quickly on additional improvements to the program in this Bipartisan Legislation is a for step in should be passed immediately. This should just be the first step the weaken also looking at ways with the dispute resolution process to support the office of compliance i have supported those for compliance as they have passed. Those witnesses in your here today thanks for joining us. I am also pleased the Ranking Member is trying to joyous since the Ethics Committee will have a role to play i yield the balance of my time afford to the testimony. Ac i will now recognize barbara for an Opening Statement. Mr. Chairman in recent weeks sexualharassment and Sexual Violence has come to light as never before perot people have named names with a renewed recognition rightfully of this problem and the need for change off culture to look the other way because of the offenders. Harvey weinstein, bill oreilly, roger ailes, kevin spacey and one of our own. I have spent an intern for this body and a staffer and counsel and hours ofan number so i particularly appreciate the opportunity and i appreciate we have already committed to mandatory Sexual Harassment training for all members and staff and i do think we have a consensus of improved training and to make sure were Getting Better reporting and feedback knowing what is calling on through surveys or other types of most importantly to project protect the victims and we will be exploring that. We need to know more examples of what is happening to make it easier forng the victim to come forward we know there are sowa many in the shadows or forgotten because the situation may have happened when less attention was paid. Last night i had the opportunity to talk to a woman in 1988 filed a Sexual Harassment complaint 30 years ago against representativein states and in aa recent interview i hope you have seen that in will call many other women have the same experience but only one other one came forward but she thought it was important but to see how great she was 30 years ago you could still hear the pain in her voice to tell the story but you can also see the strength and resolve than women need to hear that and know were there to back them up. And we know that the hollywood rumors people have heard these for years even roger ailes victim was a friend of mine i never knew this happen to her and telling read her story in the New York Times and the new it was true talk to her after. Charlie wilson, teach him to type the cannot teach them to grow brussel though he is the more vulgar term. And to close recently it is about a member that is here is, i dont know who it the sum of thehe antitrust. Somebody that i trust asking a staffer to bring material to the residence and the young woman went there and was greeted with of member in a tall, was a male and invited her in and at the point decided to expose himself and she left and quit her job and left the that kind of situation situation, what are we doing here right now for women . This is a more complex situation to have more training though the violence that we are seeing is criminal getting back into the criminal system. And if people know that then we have a much Better Process that she did not have to give up her career with the victims talked about how she was strong and didnt do anything but other women left their desire profession altogether because of what had happened so mr. Chairman i reallyec appreciate you giving us this opportunity. It is important and we hear more from those in the shadows. Sickbed gentlelady yells back we now recognize the congresswoman for an Opening Statement. No questions sexualharassment in the workplace including Congress Must be stopped and i want to think chairman herbert and Ranking Member brady for todays hearing on this important subject and also to the witnesses and the representatives for coming before us today to help ieamine how we can make improvements to our policies and procedures as well as handling complaints. In calling for mandatory sexualharassment but we need to examine for the office of compliance to make sure victims can expeditiously be heard in this is especially important because it is often about power not just about sex abuse of power in our hardworking staff and others need to have an advocate justt as powerful on their behalf. This is long overdue the office of compliance over 20 years the senate just unanimously passed a resolution mandating it seems senator ted cruz said Elizabeth Warren cannot agree we should be able to agree on our side. This is just a small start but study after study shows in person trading is for you have the most progress to change work force behavior and we need to do a better job to advertise the Resources Available but we also need improvements in the of process wants people to make a complaint and one special word about congress. Years ago jackie and i were compatriots working onwe the hill at the same time. She worked for congressman ryan and i work for congressmand edwards. At was a wild and crazy time we had the w impeachment of nixon with the war and the destruction one of the things she has talked about how can ii give her so much credit is the assault that she suffered. I think it is so importuned she had the courage to speak up about what happened to her for cry know that has encouraged other people to step forward so they know they can speak up so thanks to jackie to be here today for your statement on this issue she is a great lawyer and a terrific leader and not afraid of a thing. I yield back the balance of my time. Anybody else wishing to be recognized . The key to the chairman and Ranking Member as part of the house Ethics Committee i am pleased to be a part of this hearing today because we know that the house does have problems with addressing reported in under reported Sexual Harassment in the Ethics Committee is committed to work with your committee to eliminate harassment of occurring by ensuring that our members and staff are trained and have better training we need to ensure that we are protecting them when this occurs. Sexual harassment is strictly prohibited by our code of official conduct let me repeat that it is strictly prohibited by house code of official conduct in something the house Ethics Committee takes very seriously. The background we have two separate functions relating to harassment first we have the Education Division they are trained when approached with the harassment issue to revise the person to contact the office of compliance in these discussions are strictly confidential slacken not report on the number of instances raised with the committee but i can report it is to educate the vice seeker on their options in the second function is to conduct an investigation when allegations are made ande they can contact the house ethicsed committee. The committee and a share the goal to protect victims of harassment and live for word how we improve the house to ensure that we take those Lessons Learned through the process and in closing of a like to commend memberse female here who all started as staffers that we just learned i am pleased to be part of this today i was not a staffer in the never worked on the hill prior but it is very powerful the three if you are here representing the house staff and now the strong voices of your district and the country as members. I yield back. Bid chair will recognize the gentleman for an Opening Statement. Thank you very much also our distinguished witnesses for their leadership in perseverance to deal with this issue and the nation is in an uproar today over sexual assaults and Sexual Harassment. From the studios of liberal hollywood to fox news and wall street and alabama the tectonic shift taking place of womens and willingness with prior generations were forced to except as business as usual in the public generally has seen enough wd wants action. In congress we must be leaders not just by what we say in legislation but why buy what we do in the workplace for good Justice Brandeis said our government is the omnipresent teacher for good or ill it teaches a laypeople the whole people by its example. Sexual harassment is a pervasiveob problem estimated between 25 to 85 of women and must me clear it is a legal whether quid pro quo or a house style workplace and constitutes sexual discrimination and social position of women. So did think it is even immune would be naive at best at lastha count former staffers signed a petition with the reform policies aimed at preventing Sexual Harassment and complaints might she spent most of her career and capitol hill said she does not know a single woman in her age group who has not experienced Inappropriate Conduct in the workplace businesses across the country it is their responsibility to create harassment free we must lead by example in the public sector. But if first up is to require annual amendatory training for members of congress and staffers alike even with ethics and cybersecurity trading i am of prime sponsor of the cease resolution with the congressional resolution and i would urge the house to adopt this message measure as the senate did last week so to mitigate this is not sufficient we mustt, examine existing dispute process that they may be acting as a deterrent and eager to hear from our witnesses on what can be done and i understand there are multiple proposals on the table aimed at encouraging reporting and feedback and protecting staffers against retaliation learning how we can Work Together in a bipartisan way to create a workplace safe for all employees of americans can be proud of i look forward to the testimony today. Now have a bite to introduce our witnesses on the firstle panel represent there jackie spirit represents the 14 Congressional Districts serving on the House Committee on Armed Services with military personnel and the House Permanent Select Committee on intelligence receiving her b. A. In Political Science and j. D. From used ucn hastings she has been and continues to be an advocate for womens rights we appreciate her efforts to raise awareness of Sexual Harassment being with us today. Representrepresent ing the first Congressional District in alabama and represented burns serves on the House Committee as well as the education and Work Force Committee progress after completing undergraduate studies ated duke he received his law degree from university of wallet alabama and practiced labor and Employment Law over 30 years during his practice he advise multiple businesses on harassment policies and protocol and procedures aneurism poignantnt cases also has overseen multiple Sexual Harassment investigations in his many years in practice. The representatives we have received your written testimony you will be given five minutes to present awi summary and to help you keep time, five minutes with one minute to go it will go hillo then read when your time is up. The chair will now recognize representatives here for five minutes for her summary members of the committee thank you for the opportunity to speak to the level begin by saying how impressed i am this series is how serious you take beis issue is complex and will be uncomfortable but two out of three sexual assaults go on reported in this country and often times sexualharassment leads to sexual assault. As a share my own story i have had numerous phone calls of women and men subjected to this inexcusable and illegal behavior in there are two members of Congress Republican and democrat right now to serve who have been subject to review her Sexual Harassment. These propositions will you be a goodes girl . Exposing generals, having their privatee parts grabbed on the house floor. All they ask in return as Staff Members is to work in the house style free Work Environment the with the system fixed and perpetrators held accountabaccountab le i have on this issue since 2014 in three steps Congress Needs to take to fix the egregious and illegal behavior in the first is to require prevention and response training every year for members and staff just like efiks and cybersecurity training. That Online Training model is a start but it is not Adequate Research has found effective training requires interactive instruction and dialogue this will achieve the result crow offered by eminent by many of you and give a special things to Ranking Member brady for their leadership on this issue and second we can fix of we dont know. Working with Sexual Harassment id and violence on campuses climate surveys are conducted regularly and with the scope of the problem so third with the broken dispute resolution in system. It may have then okay the doorcases but not a program for the 21st century. So at worst are betrayed the flow chart shows the current process first to report then mandatory counseling over 30 days. Then you are required, i underscoreir required to sign a non disclosure agreement but before you even begin mediation then mandatory mediation for 30 days. The members of this is represented by the house counsel. Listen. How does that compute . They are provided free Legal Counsel but the victim is not. I have also heard from readers saying up process is a typical they dont have the option to be separate as defendants counsel and often addressed in an aggressive manner and additionally working on the wayy of the harasser is discharged from advocating to this committee with the Settlement Agreement seems to be a conflict of interest. If the employee makes it this far that they have to go through another 30 days of a cooling off period so now 90 days have elapsed and that employee is stillri required to work in the legislative office or they are not eligible for services for also point out at this juncture that interns and fellows dont even have this process to access so they have nowhere to go. After the 30 day coolingoff period you can file a complaint in the Federal District court or have the administrative hearing with a negotiation settlement approved and then move forward. So for those few survivors that get a settlement there is no disclosure of the amountnt of funds and taxpayers foot the bill the harasser boson with his or her life with zero transparency entering the process the victim cannot even communicate that they are going through the processs to their friends or family or anyone in their religious community. It is no wonder that staffers do not seek this process at all and finally some as i was told to me last week i am a single mother i cannot afford to lose my job the thought of being blackballed or some house subject to reprisal reprisal, all that has any effect so i really feel is important for us to move forward not just with training but a comprehensive reform of the office of compliance. Mr. Chairman id like to add consent to submit the letter for the record of 1500 former members and staff in congress. If you flip through those from the 70s all the way to the current time. Without objection. Faq for that very powerful and insightful testimony you have given us today. And then to represent mr. Burns for the purposes of an Opening Statement so with your experience lettuce know what is happening in the private sector and your time working on this case youre recognized for five minutes. [inaudible] in 1986 Sexual Harassment was recognized by the Supreme Court as a violation and in 1995 Congress Passed the Congressional Accountability Act intact subjected is title seven so with that current policy regarding harassment want to make a few observations and offer my own suggestions. We need a mandate for harassment training and i strongly believe the house should require mandatory sexualharassment training for all members and employees for recent events have demonstrated training while available to members of congress and the police is underutilized. Alsowi i will vote banditry training is not unprecedented and is already required by computer security. Also multiple harassment trainingss with the support offices. Not that they should settle on one product to make sure all house employees are training in the same manner. And consider eight universal harassment policy and although notes required to enforce the antiharassment policy now a near universal norm in the private sector as you are aware each Congressional Office has its own policies said given the unique nature it is my opinion that universal antiharassment policy based on the caa based on all house members and employees is much more effective to curbing unwanted Sexual Harassment than the current policies we have today. In the private sector, the eeoc administers and enforces laws against workforce discrimination. Investigates complaints against a protected class. It begins with the charge and the eeoc has the option to request the engage in mediation. However its not required. If its not requested or unsuccessful have investigatory power. After that is complete have a right to bring a case upon an aggrieved individuals behalf issue a right to sue letter. In contrast, the office of compliance has no investigatory authority. The caa requires mandatory counseling for those making claims. We should work to bring the oc process and authority in line with that with equal opportunity employment commission. Should subjects are unpaid workforce to the accent a discrimination provision. These will increase the workload of oc that we need to be prepared to provide them the appropriations. The need to increase member accountability. Member member Sexual Harassment is not something that can easily be applied. Thats my opinion we must exercise our constitutional duty to discipline our own membership. We should adopt a policy for this behavior in our code of conduct or one that we have that would send a signal that member a member Sexual Harassment will not be tolerated and that they would be reported to the Ethics Committee. One apply might be able to obtain monetary relief, a settlement or judgment is paid by the taxpayers. I find this unacceptable. If a member of congress so the claim as the harasser it is my belief the member should be liable or required to pay for such damages. Any payments to claim by house office should be made in a manner fully transparent. Its my opinion given the inherent power differential between the member and their staff, that they supervise, we should include a strict prohibition members engage in a sexual relationship with staff. I appreciate being able to share my observations. I think you your testimony and with the experience you bring. I know this is such an important issue and you have given us much to think about as we go through the review process. In fact, it will excuse you. Will take a moment to get our second panel and play. Mr. Charlie . The Judiciary Committee has the attorney general as a witness and oversight right now. Im going to excuse myself. That on [inaudible] [inaudible] [inaudible] [inaudible] [inaudible] [inaudible] [inaudible] i want to thank our witnesses on the second panel for being here and taking the time to come and educate us as we discuss this serious issue of how we will prevent Sexual Harassment in congress as we go forward. I want to introduce each of you. Barbara childs walls serves as the chair of board of directors of the office of compliance. She received her undergraduate degree from purdue in 1973, her jd from loyola in 1977 and an llm in labor law with highest honors in 1979. She has worked at carter child in caraway since 1983 in the field of labor law, giving her 37 years of experience. She also served as chairman of the labor association. We welcome you. Miss gloria let serves as counsel of the office of house employment counsel. She received her degree and her jd at George Washington university. Prior to serving as counsel shoes corporate attorney handling Employment Law issues and litigation for a Large Telecommunications company. She served as an assistant corporation representing the district of columbia. She handles, prosecutions and as a ter attorney for the equal opportunity employment commission. We have received each of your written testimonies. Each witness will have five minutes to present a summary. To help you keep the time when i recognize you the light would be green and then it will turn yellow and then read when the time is up. I now recognize for the purpose of an Opening Statement, mrs. Barbara childs wallace. Committee chairman harper, Ranking Member, distinguish members of the committee of house administration. Congresswoman and congressman, its an honor to be here today representing the office of compliance and board of directors which i chair. The other members are susan of new york, roberto of illinois, proper caymans from the district of columbia we were appointed to these parttime positions by the majority and minority leadership of both houses of congress. Required by the caa to each helper special expertise in the application workplace laws that apply to the legislature. In fact, all five of us in private practice have decades of experience in the private sector and a few of us within the federal government both labor, planning, and discrimination issues. Requires we are to be appointed without regard to political affiliation. Our board has been serving since 1999. We worked in a nonpartisan manner to ensure the rights of all individuals working on the hill are protected. I want to thank our staff, the oc has a huge mandate which we accomplish with approximately 20 fulltime employees. Their skilled and equally committed to the task. I think chairman harbor happens to be my congressman from mississippi. Originally from chicago but i have practice Employment Law in jackson mississippi. Its nice to see you holding the gavel and we appreciate that you call for this hearing. Congress created our office in 1995 under the caa which has incorporated 13 workplace laws applicable. This act designates three primary responsibilities, although there are many statutory perform. First we want to ensure that we are free for mike Patient Safety and Health Hazards is acceptable to those with disability. Second we provide an alternative dispute Resolution Program to covered employees to seek to assert their rights under the caa. Also pertinent, our office maintains a robust and comprehensive program about the rights, responsibilities and protection. We mandate the board reports to Congress Every two years based on the labor and Employment Laws in the private sector and executive branch. The board has advocated in these reports also known as 102b reports for mandatory training on how to prevent discrimination and retaliation in the entire legislative community. The training thats regularly performed in the executive branch. Its with great satisfaction we see this committee and many lawmakers are responding to the recommendation. Before harassment can be corrected everyone must understand the meaning of harassment, how to respond and how to avoid it. Consistent with our mandates our board police mandatory training on harassment and retaliatory behavior will provide the best avenue to avoid the conduct in the future and help transform the branch into model Work Environment whereby lawmakers can and do lead by example. This concludes my remarks. I asked that my statement included in the record. I look forward to questions. Thank you. The chair will now recognize gloria for five minutes for an Opening Statement. Good morning. One of the attorneys with the office of house employment counsel. Oh heck is an inhouse law Firm Available to members of congress to provide advice and counsel on the issues that arise under the Congressional Accountability Act and for purposes of this hearing, the purpose of Sexual Harassment. We are a partner to help understand the issue of Sexual Harassment and to help address it when it does occur in the workplace. Grateful to be here to be able to talk about my office and the resources we provide. We basically have three core functions. Provide counseling, training, and representation litigation when employees raise claims of Sexual Harassment in the workplace is. Its important to keep in mind our offices nonpartisan, all contacts are confidential and protected by the Attorney Client privilege. I think its a good model and they can speak frankly to us and we can ask questions. We can and the good, bad, and really bad and give them advice and counsel. We talk about legal issues and how the office can address issues and take appropriate action to make sure the behavior stops. The corrective action range from counseling sending and apply to training or discipline up to and including termination. Sometimes they are fired. The other part of our role is to provide training. We provide training on a request basis. On a regular basis, the house officers in aichi schedule mandatory training for new employees and all the managers. The schedule that with our office and we conduct the training. We do training after an issue with Sexual Harassment. We go to offices as a followup to make sure the behavior doesnt happen again. We toured on a request basis. We do three types of training. What is anti harassment training specifically for employees. Thats on a request basis. We educate employs about what sexualharassment is. We have video where we stop training at each section we will explain the behavior and closing to understand what they see and how they can report that behavior to management so it can be addressed. Welltodo sensitivity training. Thats broader. Sexualharassment is unlawful under title vii but so does racial harassment. So we discuss broader issues and other issues. There we do training for managers that training is vitally important for reimbursing training. Managers have to navigate around a lot of issues and not only do they face claims by employees but they can also face claims by an employee the officers and properly investigate the issue conducted in a fair manner. So someone was accused they can also see the office. Lastly, we represent offices in litigation. Sometimes we know they happen because theyve done everything in their power to correct the issue and sometimes we dont know about it. I think both of you for taking the time to educate us as we go through this critical review process and come up with a plan to make sure we do prevent future cases of Sexual Harassment and decrease your workload in the process. The members now have an opportunity to ask questions. I will recognize myself for five minutes. Ill start with you, i want to thank you for the insight youve given us what the adjudication processes. I want you to describe the importance of each step in the process. For example, how important is counseling intake stop and why is confidentiality important during the space . The counseling process is a misnomer. Smart like intake, its not therapy to the person who comes in initiating the counseling step. People who come to us most likely are not lawyers, they dont know the statutes necessarily. They need assistance to see if their claims that within the context of the 13 laws applicable under the caa. Very basic example is if you have someone who says i think ive been discriminated against on the basis of my age. During the intake process we ask how old are you. Im 30, or statute doesnt cover you until youre 40. Its that kind of information that is giveandtake to let them know the law. Its also a time when we can explain what the proceedings are. The employee can determine if they want to go that route. Oftentimes things are resolved. Confidentiality is not meant to be a gag order. Its confidential primarily for the office of compliance. No call up the employing office and say your employee has come in to see us. The employee still has the ability to talk with their friends and neighbors and say my supervisor has done a bnc. It is maintained confidentially so the employee can learn the system and what the laws are. One thing about the 30 day time period, that can be cut short on the request of the employee. If the employee comes in and gets information they need they say fine, i know what im going to do the counseling incident may last monday. It doesnt have to last 30 days. Host talk to me about mediation face. What percentage of cases are resolved during that part . I dont have the specifics. But ive been informed about is about 40 or 50 of the cases are resolved during counseling or remediation. Thats a significant amount thats resolved. The mediation process is similar to mediation that congressman noticing with the ee oc. Its not required that the employee attend. Its not required they sit in the same room with person they are accusing a sexualharassment. I have done countless mediations in my private practice to never look at each other. The mediator will go back and forth. I think it is a valued procedure. I dont know the legislative history as to why congress put it in there. We see it works. Doesnt have to go 30 days. If they meet together in the mediator and says its not going to be resolved that could cut it short the next process begins. In the training you referred to you do online and in person training, how much of your inperson training is done in the d. C. Offices versus district offices . When they ask for training they asked for the entire staff. We do one in d. C. And in a district office. I know the office will contact you for example do they contacted me for taking employment options are generally regarded sexualharassment words. It does not always happen that way. We work with them to get to the underlying issue and find out if theres any merit to the allegation to do an investigation and then take appropriate action. And youd usually come in during the mediation face, were contacted before the oc . Sometimes we know an employee is going to go to the office of compliance. The courts have said if the employer takes appropriate action to stop the behavior they will be insulated from a hostile Work Environment case. Sometimes theyre not happy with that. As barometric, counseling uses confidential that the employee can waive it and reach out to an employee. Typically we find out about mediation when theres been a note about it. I now recognize mr. Brady. Thank you. Its important to have people trying, can you talk about how this directly relates to less complaints and a better working place . Its very important employees understand what sexualharassment is. They have a right to come forward and report it and they will be retaliated against. Thats what training accomplishes. It gives them knowledge. That will lead to less complaints because the employer can address an issue before it becomes a formal process. I just ran into a chief of staff and she said she is only had one situation was sexualharassment. Many cases gore reported. She said a staffer said something thousand appropriate, she called him and read him the right act and said happen again he would lose his job. Oftentimes if employees are aware of the issue it can be addressed at the earliest possible stage for the employee. Thats what we all want. Employees have safe and productive Work Environments. Some program players say please come tell us. When we do training for managers we tell them how important it is to talk to their employees and respond to rumors then have a conversation with them. I agree. The one thing i would add is that training is another opportunity to tell the employees, heres week if you have a problem. There is the office of compliance. One thing were hearing so much as people on the hill dont know who the office of compliances. If theres a trainer in front of you that says there is this body and this is where you go to make a complaint, theres a reason why any employee on the hill shouldnt know who we are, were relocated, and how to make a complaint. Id like to say that the mediation process is a 30 day period that cannot be waived. Listening to complaints are coming from nonmember not Committee Offices such as the aoc. How can we make people feel comfortable speaking up on issues of harassment or discrimination . Training that i have done in my private practice, it can be a dialogue or talking about what is appropriate and what isnt. Where is illegal sexualharassment and they are bad practices. A complaint that might not win in court with their complaint is that they can still ruin the morale of the office and be inappropriate. I think in person training in particular can go into both areas of what is illegal and inappropriate. One thing that congressman byrne set about having a universal policy is very interesting. Everybody is working on the same page and i know where to go to complain within your office. Also who oc is and what our purposes. I agree that. It is very important to have written policy. There is a model sexualharassment policy thats part of what this Committee Makes available. We work with Committee Staff to available. Sets of zerotolerance for the behavior tells employees of a consequences. Training is important. Where we do a person training its amazing to see how men and women might have different reactions to the same conduct. When they have the dialogue it helps to inform both groups of where theyre coming from. I think you. Please put your microphones a little closer to come over having background noise. I now recognize mr. Davis for questions. Thank you mr. Chairman. Thank you for hosting the hearing. I think my colleague, bradley, someone who practiced employment on alabama i take many of the comments were well stated. And the powerful testimony from my colleague, jackie. Thank you. I think its long overdue. I appreciate both of you in your Opening Statements. No one should have to about Sexual Harassment in the workplace. As a former staffer one of the reasons i wanted to serve is to continue to professionalize the house and establish workplace grounded and respect. I look forward to discussing potential areas that need improvement in the areas we need to make better. In congress we need to lead by example. My first question to both of you, its important we get this right. I have a female lead staff and i asked them their opinion. They were concerned, that an unintended consequence would be some offices would take a shortcut and not hire women. Thats not the right approach. How do we ensure we work towards true prevention of Sexual Harassment while also making this a place of opportunity for female professionals . One thing thats tremendous is to see women as members. I am not as concerned about that with the strong and fantastic women that we have as members. There is great wealth of experience and talent with females. I would hope that would not be a consequence of harassment. My office has had discussions. We have heard that those discussions to remind them it is unlawful. Again, its important to have training. I keep coming back to. We do training on hiring techniques as well. Awareness is important. Thank you. Challenges to the oc face carrying out educational duties . Im a former district staffer so how does it reach out to district offices and how can we be helpful . One of the recommendations we make as every other year with regard to these posters. Required by statute to develop the posters. There posted in workplaces in the executive branch and the private sector. We hand them out and theres no law that requires anybody in congress to post them. These can go to district offices too. We do training with another outside organization, im blanking on the name of the organization. Also the online modules for training that we have that we have been developing and will continue to develop can be taken by employees in the district offices. Office conducts an investigation what does opec play . When an Office Contacts us we work with the office to conduct the investigation. We give the materials that are exhausted. Not every Situation Requires a 25 page document to conduct an investigation. Some offices are very savvy and comfortable doing investigations. There some instances it could mean talking to employees and figuring out what happened. Some are not as comfortable so will help them get the help of an outside investigator. They will get to the bottom of whats going on, reported to the office and then we work with the office to figure out the appropriate action. The chair now let me ask you whether or not you end up representing the harasser and mediation . Our client is the Employee Office. We never represent an individual. A Beautiful Day so is accused of harassment but they are not our client. So think were mincing words. Less and members been accused of Sexual Harassment. You are representing the member correct . Representing the employing office which can be the member,. To think thats appropriate . I think its appropriate given our role. Were no different than a privatesector a private Sector Company has their own lawyers. Under Congressional Accountability Act theyre supposed to have the same thing as private sector employers. So when youre representing the member to job to try to resolve this so the members kept whole and none of it becomes public. If you pursue this year career and capitol hill would be over. Weve had a couple of cases where the member has been accused of harassment there have been steps to make sure the member acts appropriately. Our office doesnt have the ability to discipline a member but the leadership can project. If you settle the case and never goes to the Ethics Committee. How to go there . Anyone can contact the Ethics Committee. And alleged that a member has acted inappropriately. And kiss her job on capitol hill goodbye . Thats not the way its post work. Anyone who raises these claims the office can bes sued for retaliation the staff member must be in Continuous Employment i dont think thats correct ive been told this office was not available to them. What percentage of your mediation is between im sorry can hear. What percentage of your mediation is between member and staff versus staff and staff . Those occasions have occurred if you are accusing someone of Sexual Harassment its only in the same room its only in case of separate sexual so you can be in other rooms i can tell you oftentimes it all take the alleged harasser someone who is familiar with the underlying issues i dont find it particularly to have them set across the table from each other for the legitimacy of their complaints. However you have ever said to an accuser, a victim who did not want to be in the same room that is so doing it will cause you to wonder about the legitimacy of their complain . I dont recall doing that. Its up to the employees counsel to decide if they want to be in the room, so its not my call. The chair now recognize thank you mr. Chairman. I also appreciate testimony of my collects theres also additional things that we can do that is laid out and one that im focused on is the members strict guidelines. Theyre taking my example of the member in the towel. We really dont have current guidelines that say to member, sexual her relationship with the 19yearold intern is offlimits. Is that clear right now . Just your senior people can, we have interns and young staff and you cannot have this in our office. Im not aware of anything that says it specifically. The code of conduct says they should conduct themselves in a manner that is credible. I dont know of a specific writing that says what you just said if they are fire because they didnt know it was inappropriate to have sex in the on the desk that something we do need to make clear from the member on down. Wouldnt you agree it creates a hostile Work Environment if there is that relationship. So if theyre going to go find another job that everybody could do that. If she had gotten along with this thats creating a hostile Work Environment. For the other women in the office . I would hope the employee would feel comfortable complaining the way the model handbook is written they asked to reported to either their immediate supervisor or anyone in management who feel comfortable aching the complai complaint. I appreciate you highlighting the interactive of having people together. I do think thats an important aspect of what we need here. For example the navy does a good job, other federal agencies have materials and perhaps it would be good for us to have more examples if you could provide us what others are doing that would be helpful and then i also wanted to ask about a suggestion that the first woman i spoke to, shes suggested with non batsmen. I think it gets to some of the questions, your job is what Congress Told you to do should be. But if were to have an old bondsman who is a victim support person, and that would be someone who might save thats a criminal case i need on a mediation, you need to do this legally. Or heres the process if you go through or to mediation. But have someone who is that victims advocate. Is that something you have seen in other workplaces or if you seen somewhere that has been helpful. I believe at one time there go to someone to raise concerns. It can be a successful model depending on how its structured. Are you telling staff america cases that when you criminal activity that went on people wouldnt go forward because theyre afraid, we tell people its criminal but really letting them know all of the things that are going on so they feel like theyre not alone and they can go forward and report something criminally. For our office that is not our role. Its to provide legal advice. Is there anyone identifying when it is a crime . Im not aware. We really need to look at that because it may be if you had a situation where somebody thought i was out with the boss and this happened it was my fault we need to tell them. We do yield . Yes. One of the components of the legislation that will be introduced would have the victim be represented by special Victims Counsel much like in the military we have created that mechanism. With someone having that intermediary determination like heres all the places you can go and also have somebody to talk it out with before we decide what to do so they feel like theyre covered more in some way. Essentially thats what the first 30 days of what is called counseling as Legal Counseling. Can be one day, one hour, but it is place there. But again im not convinced the system we have in place protects a victim. Thank you mr. Chairman. I like to thank my collects for their earlier testimony. And the people have spoken on this important issue im happy to stand with my collects to make this a safe environment. Ive heard too many similar stories over the years. This behavior should never be tolerated here or in any other Work Environment. We should lead by example and i was encouraged by her chairman to strongly encourage members of this committee and we have gone some very clear productive training. I hope that will lead to even more. Earlier this month the board of directors wrote to the speaker of the house reiterating its call for anti discrimination training. His mandatory training the most effective deterrent to Sexual Harassment . It is one component of it. Leadership from within each office is also important and letting the employees know where they can go to complain. Mandatory training is a very important component. In your research, are you able to identify what you would say is the most effective component . Probably mandatory training. Is there any other deterrent you believe would be equal or part of this process . Posting these notices and letting people know who we are and where they can go is important. Leadership from the top as to what is and what is not appropriate. Also cited in this letter this recommendation has been made since 1996 is that correct . We have made it many times. I cannot give you the exact number but it is sin our biannual reports. Did earlier prompts or concerns get this thing moving . I wasnt on the board until 1999. Prior to that i cant tell you necessarily we do have records and if the committee would like we can go back and look at all of our reports and give you the exact dates. Fair enough. Miss that, what improvements can be made to the adjudication process . I have a different take their what is happening. I think its an effective process. We have many cases resolved through the process. Employment cases in general the overwhelming majority are resolved fullblown litigation. I think this statistic does 85 are resolved. I believe in the process, i mentioned it before that when someone goes to the office of compliance and we engage in mediation we might be hearing about it for the first time. We do an investigation and get to the bottom of it and make recommendations for corrective action. I believe in the process mandated by the statute. I think it works effectively to address Sexual Harassment just as it does for others. Thank you. I yield back. Thank you to eyewitnesses and members for bringing insight next ortiz to be serious issues. We talked about the prevention measures that can or should be taken. Could you speak more to what types of resources, whether funding or other that either one of you think would help empower individuals throughout these processes . Shaped the question. I may put it in the context of the office of compliance. For task with mandatory training throughout capitol hill, we have two employees who work on training along with other issues. It will be vitally important that we obtain funding to add what we figure is three more ftes to help us to the training. Also have the it process in the office. We are a very small office. Other things that training that we do either resources that are essential. For my office, we do a lot of training. We have a lot of training requests in the last several weeks. We do that here in the district offices. We have ramped up our training efforts so we have multiple trainings on any given day. Weve ordered additional equipment that seems to be working well. Ultimately there will be a requirement of mandatory training. Higher staff or management. We may also need additional staff hired to get that accomplished. Thank you. I yield back. We now recognize congresswoman brooks. Misled, he talked about the large majority involve staff on staff issues. Can you share our point in the process the members informed when the Stafford Thompson initiates the process . When is the member brought into the process . The members brought in from the very beginning. If an employee goes to supervisory management goes up to the chain of command. So get calls from the chief of staff say they have spoken with a member of calls directly from the member. And if it involves the chief of staff . To get the call from the member. Let us if a staffer came in directly which you call the member if it about the chief of staff . We dont talk directly to semesters because worse for the Employee Office. We encourage them to go back to the management and speak to them because management can address a lot of the issues. Theyre not status side then they can go to the office of compliance. If you get that inquiry from a staff member and to not hear from anyone after that, does anything happen. We do follow up to let them know weve heard from someone and there may be an issue. And you both mentioned large percentages of resolutions. Prior to her in a no litigation. Can you give us examples of resolutions . If theres an allegation of coworkers making inappropriate comments or text or something will have the Employee Office talk about the person complaining about the behavior of the person who is the harasser to get to whats going on. And then figure out the appropriate steps to address. That could include counseling or oneonone training. Training for the staff were sent to the disciplinary action. Reprimanded suspension without pay. Thank you. If you look at it not only harassment context but if someone said im not afforded the same training as the males in my Office Employer is important about it it could be as easy as saying we didnt know you wanted it. Thats a more simple resolution that doesnt require money or settlement. In a sex harassment contacts it could be changing your supervisors. To a different position of the alleged harasser so they are no longer within the line of supervision. Important part of the resolution is to get back to the person who complained to let them know the office is taking a very seriously and has taken appropriate action. Remind them they cant be retaliated against. Since i am here representing the Ethics Committee, can you mention any improvements you might make relative to the Ethics Committee and do you inform the complainant to have that option of pursuing their allegation at the Ethics Committee . Im not assuming with the ethics procedures. I know something goes to the Ethics Committee and wants to make it can place about sex harassment there, the most likely directed to our office, i believe thats appropriate. I would welcome coronation between the Ethics Committee and the office of compliance. That will be wonderful. The context, we dont want to limit the training or the ethics wor workstation to jt Sexual Harassment area there are other kind it is the issue of the day and the most important one, but there is harassment that occurs in other contexts whether it is racial, disability harassment, that the trainin nothing excites us more than the fact that congress right now is looking at the issue from the standpoint of Sexual Harassment. Any recommendation with respect to ethics . One of the ideas mentioned is the idea that there is a record of the employees had been taken Sexual Harassment training just like ethics training. I think that is a great idea to make sure those records are maintained it received a the trading. I agree with that 100 percent. I yield back. A s and certainly like to think thee congresswoman spears and brooks for joining us today for this hearing that has been helpful to have your purchase of asian all members will have five legislative days to submit additional questions which we will move forward to be a part of the record i want to thank our witnesses for being here today it is apparent that mandatory trading is the of first step to address Sexual Harassment in the workplace the committee will continue to review the testimony in work with members to wait when does make additional recommendations to ensure the congressional workplaces battle with the members of congress but all the officers of the house the architects didnt Capitol Police have to be included with the cbo in office of compliance all of these are included in 1995 when Congress Passed the Congressional Accountability Act this cannot be tolerated so raising the awareness today we set the standard of proper conduct in the workplace i hope this is a first of to get there. Without objection i recognize mr. Brady. Ol is said this is uncomfortable for us to do but i have a daughter and a granddaughter and great dark granddaughter it is a moral responsibility to protect somebody elses wife and daughter thank you. I associate myself with your remarks without objection and we are adjourned. [inaudible conversations] [inaudible conversations] [inaudible conversations] and happened on the 2006 uso trip serving in afghanistan to entertain u. S. Of trips and was a comedian at the time end posted this photo of the incidental mind. The minnesota senator apologizes after noon tuesday in part the first and what to do is apologize and everyone that was a part of that tour everyone represent entrusted me to be an ally and supporter in champion of women. I respect men and dont respect those who dont in my own actions have given people reason to doubt that makes me feel ashamed. Said the majority leader said called for an asp ethics investigation and asked them to investigate the first was in the Corruption Case of new jersey senator of bob menendez today his trial ended in a mistrial. Shortly after the senator spoke to reporters outside the courtroom and heres a look. First and above all i want to thank god by his grace the live was delivered from the unjust prosecution i want to thank my children and my lovely granddaughter that i could remember what i had to fight for it and my son whos testified on my behalf and even let me beat him in a round of golf. Love you so much