FOR IMMEDIATE RELEASE
January 8, 2014
Contact: Brian Purchia, brian@protectourdefenders.com
*** PRESS RELEASE ***
Air Force TSgt Jennifer Smith exposed Air Force indifference to blatant sexual harassment and retaliation against many of those who report misconduct in 2012; Air Force assigned oversight of most of investigation to commander who was himself a subject of the investigation
Protect Our Defenders supports TSgt Smith’s appeal of the Air Force findings related to the investigation of pervasive sexual harassment within its ranks.
Washington, DC – Today, Protect Our Defenders released TSgt Jennifer Smith’s Administrative Appeal of the U.S. Air Force’s biased and inadequate investigation of pervasive sexual harassment endured by her and other women serving in the United States Air Force. The complaint filed Tuesday cites inaction by Air Force leaders after being presented with evidence of egregious behavior and hostile conditions for women serving in the Air Force. According to the complaint, TSgt Smith alleges this failure to act amounted to an “acceptance of, and indifference to, sexual harassment of women who serve in the ranks.”
The appeal, filed by Attorney Susan Burke, of Katz, Marshall & Banks LLP, and Ryan Guilds, of Arnold & Porter LLP, on behalf of TSgt Smith, exposes the same level of bias and lack of objectivity that pervades the military justice system also was rampant in the investigation. Instead of conducting an independent, outside review, the complaint was relegated to a “command directed investigation,” meaning that the same commanders who had failed to prevent — or even perpetuated the harassment and hostile work environment were given the authority to investigate the allegations against them. Most shockingly, this included giving oversight of the majority of the investigation to a commander who had himself been named in the original complaint.
“The Air Force’s response to the horrifying treatment that TSgt Smith and other women have been forced to endure is shocking. A workplace that condones the utter degradation and humiliation of women and clearly lacks any respect for the women who serve along side them is unacceptable,” said Nancy Parrish, President of Protect Our Defenders. “Instead of conducting an impartial investigation into the misconduct alleged in the complaint, the Air Force chose to give the same commanders who failed to prevent or actively participated in the harassment full authority over the review of the allegations. This demonstrates the stunningly tone-deaf nature of the military and the need for fundamental reform.”
The appeal cites a complete lack of objectivity or transparency as the reason for a woefully insufficient response to TSgt Smith’s allegations. In their official report, investigators failed to offer any explanations or evidence regarding their decisions not to pursue or investigate certain allegations, or for deeming certain allegations “unfounded,” apart from generic responses such as citing the difficulty of investigating those claims or simply stating “no evidence.” Further, the report provides no indication of whether the claims that were substantiated resulted in any punitive action against the offenders and those leaders who condoned such behavior.
The newly released appeal documents outrageous victim-blaming and ignorance on the part of the Air Force IG, who attempted to justify inappropriate conduct related in the complaint and to minimize the impact it had on TSgt Smith and other women serving in the Air Force. Without disputing that it did in fact occur, the IG took the opportunity to point out that, many service members who saw the material were not offended by the violent, pornographic images present on their hard drives and in their work place, and by describing the existence of this material as long-standing tradition that was “misguided.”
“The fact that the Air Force IG, who has been presented with irrefutable proof of such inappropriate and hostile behavior, has minimized and belittled the harm caused by a work environment so hostile toward women is an outrage,” said Parrish. “The IG should be a resource for victims of sexual harassment and assault in the military, where they can trust that reporting abuse will not lead to an indictment of their own character instead of the perpetrator. Where can victims who are facing retaliation for reporting their abuse turn if the very institution that is designed to investigate these issues also engages in victim-blaming and protects the perpetrators of these crimes?”
TSgt Smith went public with her allegations in November of 2012, releasing exhibits which detailed a wide range of violent, hate filled language, sexual harassment, “including, but not limited to, verbal slurs and inferences, nonverbal gestures, pictures and notes, unwanted physical contact, unwanted touching, and physical advances.”
Some of the most disturbing content included in the complaint has been stored in collections of Songbooks from the 55th, 77th, and 79th Fighter Squadrons, which have been used to record traditions and songs. They contain obscene, violent and misogynistic language as well as pornographic images, such as “Fighter Pilot Songs – Combat Songbook: F**k Songs and Trash Tunes.”
While the Air Force was aware of the hostile environment, they took no effective steps to stop the behavior, despite requests and complaints from TSgt Smith.
After the initial complaint was filed, Protect Our Defenders called for an investigation into the allegations, leading to a service-wide sweep of workspaces and public areas for images, calendars and other materials that objectify women. The New York Times broke the story of TSgt Smith’s allegations.
As with the IG investigation into TSgt Smith’s allegations, the sweep was executed by commanding officers who had a clear incentive not to find anything that would reflect poorly on the command climate they are charged with maintaining. This sweep was disclosed in advance and also did not include individual desks, cabinets, lockers, or individual (personal & government issued) computer hard drives and individual (personal & government) email accounts, where much of the content in the Smith complaint was stored.
The appeal further highlights the Air Force’s inability to fully comprehend the nature of sexual harassment and a hostile work environment, or the effects it has on those who are subjected to it. According to appeal it, “reveals a workplace so hostile that women consider it either too dangerous or futile to report.”
Protect Our Defenders today renewed their call on Congress to exercise its oversight role and investigate the culture of violence and hate filled speech and behavior toward women in the Air Force and throughout the military.
—
View the 2014 Administrative Complaint filed by Attorney Susan Burke
https://www.protectourdefenders.com/downloads/TSgtSmithAdministrativeAppeal.pdf
Complaint: Shaw report ‘makes excuses’ for alleged harassers
http://www.airforcetimes.com/article/20140107/NEWS/301070017/Complaint-Shaw-report-makes-excuses-alleged-harassers
Air Force Times: Air Force-wide inspections begin today
http://www.airforcetimes.com/news/2012/12/air-force-health-welfare-insepctions2-120512/
New York Times: Military Has Not Solved Problem of Sexual Assault, Women Say”
http://www.nytimes.com/2012/11/02/us/women-in-air-force-say-sexual-misconduct-still-rampant.html
View the 2012 Administrative Complaint filed by Attorney Susan Burke
https://www.protectourdefenders.com/downloads/FINAL_SMITH_ADMIN_COMPLAINT.pdf
View exhibits from the Administrative Complaint
https://www.protectourdefenders.com/downloads/Smith_ExhibitSelects_20121101.pdf
Read Protect Our Defenders President Nancy Parrish’s blog on the Huffington Post “Investigate Air Force for Openly Violent, Sexist and Hostile Environment to Women”
http://www.huffingtonpost.com/nancy-parrish/air-force-sexual-assault_b_2129880.html
National Journal: The Enemy Within
http://www.nationaljournal.com/magazine/the-military-s-rape-problem-20120913
—
About Protect Our Defenders:
Protect Our Defenders is a human rights organization. We seek to honor, support and give voice to the brave women and men in uniform who have been sexually assaulted while serving their country, and re-victimized by the military adjudication system – a system that often blames the victim and fails to prosecute the perpetrator. Learn more about Protect Our Defenders at www.protectourdefenders.com or on Facebook at https://twitter.com/ProtectRDfnders.
###