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The Lege needs a sexual harassment process

This is unacceptable.

As sexual misconduct accusations pile up against men in power across the country, interviews with more than two dozen current and former lawmakers and legislative aides indicate sexual harassment not only is pervasive at the Texas Capitol but also regularly goes unchecked. Most of those interviewed described how men at the Capitol — some of them lawmakers — engaged in a wide range of harassment, including degrading comments and gestures, groping and unwanted sexual advances.

Yet not a single formal complaint of sexual harassment has been filed in either the House or Senate since 2011, according to a review of public records and interviews with officials responsible for fielding complaints. Even though sexual harassment policies have been in place for two decades, few employees interviewed by the Tribune even knew they could file a formal complaint.

The policies themselves are outdated — both reference a state agency that no longer exists — and rely on Capitol officials with little incentive or authority to enforce them, particularly in cases of harassment by lawmakers.

“Well, you know we can’t fire them. The people get to fire them,” said Patsy Spaw, of elected officials. As the secretary of the senate, Spaw’s duties include resolving complaints in the chamber.

[…]

The House and Senate have had a sexual harassment policies since 1995. Both generally state that sexual harassment will not be tolerated and lay out basic procedures for reporting any misconduct.

The House policy directs employees to make complaints to the chair of the House Administration Committee — an influential position set by the House Speaker and currently held by Republican state Rep. Charlie Geren — or to the manager of the House payroll and personnel department. Over in the Senate, complaints would be reported to Spaw, the Senate Human Resources office or supervisors in individual offices.

But those officials have little to no authority over lawmakers who are ultimately elected by voters back home. In the Senate, a legislator could be reprimanded privately or publicly if they were found to have sexually harassed someone, Spaw said. In the House, the state Constitution gives lawmakers “the power to punish a member for disorderly conduct and, in extreme cases, to expel a member,” Jon Schnautz, the chamber’s ethics adviser, said in a statement.

Several former staffers said they would not have reported their experiences with sexual harassment to House Administration because they had no confidence that the member-led committee would be objective.

“I probably would never even have felt like that was an outlet that I could trust, but I didn’t even know that was a process that existed,” said Genevieve Cato, a former House employee who has spoken publicly about harassment at the Capitol.

Another staffer said she didn’t feel Geren’s committee was a “safe place to report that.”

Geren, a Fort Worth Republican who’s served in the House for almost two decades, refused to answer questions from the Tribune about how his committee would handle a sexual harassment complaint because, he said, the committee had not received any.

“There’s nothing to talk about because we don’t have any,” Geren said. “I don’t deal in ifs. When there’s one I’ll handle it. And that’s it.”

Asked if the policy needed revision, Geren said he would not further discuss the issue. “I don’t have any more comments about it,” he said.

For her part, Spaw said any complaints filed in the Senate would be taken “really seriously,” though she said a resolution would also depend on the Senate Administration Committee and Lt. Gov. Dan Patrick to take action.

“Each situation would be individual,” she said. “But it is a conundrum … I’m thankful I’ve not had to deal with it.”

Yeah, having Dan Patrick be in charge of resolving your sexual harassment complaint. What could possibly go wrong? I don’t know what we should be doing, but I do know what we’re doing now isn’t worth a damn. Maybe we could start by listening to Cato and others who have been speaking out about this and learn from their experience about what might have helped them at the time? Just a thought.

This story came out the next day, and credit where credit is due.

Citing “disturbing accusations of sexual harassment and misconduct” by public officials in Washington, D.C. and Texas, state Rep. Linda Koop asked the state’s Republican leadership Tuesday to develop a new protocol to protect those working in the state Capitol.

In her letter to Gov. Greg Abbott and House and Senate leaders, Koop, a Dallas Republican, raised concerns that legislative personnel were not “fully educated as to where to report misconduct or harassment.”

“These disturbing reports make me concerned for the safety of our Capitol staffers, interns, reporters, lobbyists and all those who work at the Capitol,” Koop wrote. “Many of our staff and interns are young people and may be particularly vulnerable to those in positions of power.”

It’s a start. Greg Abbott had not replied to a request for a comment from the Trib, so we don’t have any idea yet whether this will gain traction. It’s worth keeping an eye on.

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