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Showing posts with label #me too movement. Show all posts
Showing posts with label #me too movement. Show all posts

Saturday, April 18, 2020

National Review: Bias in Media Undermines the #Me Too Movement


Biased Journalism Is Gutting the #MeToo Movement
by Alexandra Desanctis, National Review April 17, 2020

Overhyping sexual-assault allegations against Kavanaugh but downplaying those against Biden undermines the #MeToo movement’s promise.

In October 2017, reporters publicized the stories of women who claimed to have been sexually harassed and assaulted by Hollywood producer Harvey Weinstein. Since then, our country has been in the grips of a reckoning. The outpouring of similar tales in the months following the Weinstein story seemed as if it would never end; every other day we heard about yet another celebrity accused of using his fame to mistreat the women around him.

It was the birth of a movement, #MeToo, which at its worst has been captured by those who insist we must believe every woman who claims to have been assaulted. For centuries, these advocates say, women’s stories have been disbelieved, and now it’s time to tip the balance of power and believe them all, no matter what.
But at its best, the #MeToo movement represented a promise, to men and women alike: Fear and raw power would no longer derail justice. For the first time, women — and, much less frequently, men — who had been abused would have society’s backing to tell their stories publicly and, if they presented enough evidence, to expect that the men responsible would face consequences.
When Christine Blasey Ford came forward in 2018 with the claim that a teenaged Brett Kavanaugh had sexually assaulted her, progressives revealed their unwillingness to accept a #MeToo movement that didn’t “believe all women.” Her story deserved investigation, but when all was said and done, it was problematic in several key aspects, among them that Ford couldn’t produce anyone to affirm she and Kavanaugh had ever met, that she had told no one about the alleged assault for decades, and that she later gave conflicting accounts of what she believed had happened.
None of those facts perturbed Kavanaugh’s ideological opponents in the Democratic Party and the media. Armed with a fresh reason to take down a man they were already determined to reject, Senate Democrats put him through the wringer. Their journalistic allies helped them along by doing little to vet Ford’s claims and giving air time to far less credible accounts of his alleged sexual misconduct.

Consider the New Yorker article by Ronan Farrow and Jane Mayer, telling the story of Deborah Ramirez, who claimed that Kavanaugh had exposed himself to her at a party when he was a freshman at Yale University. The reporters were unable to find a single eyewitness to confirm that Kavanaugh had been at the party Ramirez described or anyone who had ever heard Ramirez recount this accusation.
One friend of Ramirez’s told The New Yorker, “This is a woman I was best friends with. We shared intimate details of our lives. And I was never told this story by her, or by anyone else. It never came up. I didn’t see it; I never heard of it happening.”
Farrow and Mayer noted, too, that “in her initial conversations with The New Yorker, [Ramirez] was reluctant to characterize Kavanaugh’s role in the alleged incident with certainty.” In fact, she was willing to go on the record only “after six days of carefully assessing her memories and consulting with her attorney,” at which point “she felt confident enough of her recollections.” Inexplicably, the article was published anyway.

Even worse, media outlets lent credibility to the outlandish tale of Julie Swetnick, who, again without corroboration, alleged that Kavanaugh had “spiked” drinks at parties in high school to facilitate gang rape. Not only did outlets report on this claim despite the lack of evidence, but they purposely withheld evidence that a woman identified by Swetnick as a witness denied ever having witnessed Kavanaugh’s alleged misconduct.
By publicizing accusations that lacked the most basic aspects needed for credibility, Democrats on the Senate Judiciary Committee jettisoned their responsibility to seek the truth and instead used vulnerable women as pawns in an effort to tarnish a political enemy. In doing so, they made it less likely that subsequent women who publicized their credible accusations would be believed.
A year and a half later, Democrats and the media are again undermining the principles of #MeToo, this time by ignoring and downplaying sexual-assault allegations against Joe Biden. While Biden himself has said in the past that we must believe every woman who alleges assault, he has since changed his tune. Now, he and his prominent backers — including one of Kavanaugh’s most vigorous critics, #MeToo celebrity advocate Alyssa Milano — have begun singing the praises of due process.
Meanwhile, reporting on Tara Reade’s accusation against Biden has ranged from nonexistent to shoddy. Almost unbelievably, Biden himself has yet to be asked about the allegation, nor have the many Democratic politicians who have endorsed him.

The New York Times waited 19 days to report on the subject, and, after publishing the piece, later removed a crucial line: “The Times found no pattern of sexual misconduct by Mr. Biden, beyond the hugs, kisses and touching that women previously said made them uncomfortable.” There was no editor’s note explaining the deletion.
Later still, the Times Twitter account deleted its tweet that had included this line, noting that it had been removed because of “imprecise language.” Times executive editor Dean Baquet, in a subsequent interview with the paper’s media columnist, Ben Smith, said, “Even though a lot of us, including me, had looked at it before the story went into the paper, I think that the campaign thought that the phrasing was awkward and made it look like there were other instances in which he had been accused of sexual misconduct.”
Baquet further told Smith that differences between the paper’s reporting on the Biden allegation and on the Kavanaugh allegations were because “Kavanaugh was already in a public forum in a large way. Kavanaugh’s status as a Supreme Court justice was in question because of a very serious allegation.” As Dan McLaughlin has pointed out on NRO, it is clear that the Times is comfortable dissecting its opponents while coddling its allies — and the latter are apparently given editorial control over what the paper publishes.
And it isn’t just the Times. A search for “Tara Reade” on CNN’s website, for instance, returns zero results. Columnists at leading papers have further (inadvertently) exposed the double standard. At the Washington Post, Ruth Marcus wrote a column in October 2018 with the headline, “Does it matter what Kavanaugh did in high school? Well, yes.” She has written an entire book around her conclusion that Ford told the truth about Kavanaugh. Her recent column on the Biden allegation, titled “Assessing Tara Reade’s allegations,” concludes, “My gut says that what Reade alleges did not happen.”
Two columns by Joan Walsh in The Nation are also ripe for contrast. In September 2018, her piece was called “The Heart-Wrenching Trauma of the Christine Blasey Ford and Brett Kavanaugh Hearings,” with the subtitle, “It’s difficult. It hurts. It’s unfair. But women will keep telling our stories.” This time around, her tone has changed from melodrama to nuance: “The Troublesome Tara Reade Story” and “Left- and right-wing Biden haters demand that the media investigate her sexual assault charge. It did — and uncovered many reasons to doubt.”
Michelle Goldberg, columnist at the Times, did much the same thing. Her piece on Reade is called “What to Do With Tara Reade’s Allegation Against Joe Biden?” and the subheading, “A sexual assault accusation against the presumptive Democratic nominee is being used to troll the #MeToo movement.” Her reflection on Kavanaugh bears the much more provocative title, “Pigs All the Way Down,” with the subtitle, “Kavanaugh and our rotten ruling class.”
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None of this is to say that Reade’s story ought to be believed outright, though she does have one key fact in her favor that Ford did not: She can establish that she personally knew the man she is accusing. But contrasting the coverage of this claim with the coverage Kavanaugh received reveals that far too many in the media care far more about weaponizing sexual-misconduct claims against conservatives than they do about uncovering the truth.
Our feckless media establishment weakens our political process, to be sure, but it also undermines what #MeToo, at its best, stood for: the idea that wronged women could tell their stories and guilty men would be punished. That promise means nothing when a man’s guilt is determined by his political views rather than by the evidence, and when a woman is ignored or derided if she claims to have been the victim of the Democratic Party’s man.

Examining Tara Reade’s Sexual Assault Allegation Against Joe Biden

Ms. Reade, a former Senate aide, has accused Mr. Biden of assaulting her in 1993 and says she told others about it. A Biden spokeswoman said the allegation is false, and former Senate office staff members do not recall such an incident.
By Lisa Lerer and 
WASHINGTON — A former Senate aide who last year accused Joseph R. Biden Jr. of inappropriate touching has made an allegation of sexual assault against the former vice president, the Democratic Party’s presumptive presidential nominee this fall.
The former aide, Tara Reade, who briefly worked as a staff assistant in Mr. Biden’s Senate office, told The New York Times that in 1993, Mr. Biden pinned her to a wall in a Senate building, reached under her clothing and penetrated her with his fingers. A friend said that Ms. Reade told her the details of the allegation at the time. Another friend and a brother of Ms. Reade’s said she told them over the years about a traumatic sexual incident involving Mr. Biden.
A spokeswoman for Mr. Biden said the allegation was false. In interviews, several people who worked in the Senate office with Ms. Reade said they did not recall any talk of such an incident or similar behavior by Mr. Biden toward her or any women. Two office interns who worked directly with Ms. Reade said they were unaware of the allegation or any treatment that troubled her.
Last year, Ms. Reade and seven other women came forward to accuse Mr. Biden of kissing, hugging or touching them in ways that made them feel uncomfortable. Ms. Reade told The Times then that Mr. Biden had publicly stroked her neck, wrapped his fingers in her hair and touched her in ways that made her uncomfortable.
Soon after Ms. Reade made the new allegation, in a podcast interview released on March 25, The Times began reporting on her account and seeking corroboration through interviews, documents and other sources. The Times interviewed Ms. Reade on multiple days over hours, as well as those she told about Mr. Biden’s behavior and other friends. The Times has also interviewed lawyers who spoke to Ms. Reade about her allegation; nearly two dozen people who worked with Mr. Biden during the early 1990s, including many who worked with Ms. Reade; and the other seven women who criticized Mr. Biden last year, to discuss their experiences with him.
No other allegation about sexual assault surfaced in the course of reporting, nor did any former Biden staff members corroborate any details of Ms. Reade’s allegation. The Times found no pattern of sexual misconduct by Mr. Biden.
On Thursday, Ms. Reade filed a report with the Washington, D.C., police, saying she was the victim of a sexual assault in 1993; the public incident report, provided to The Times by Ms. Reade and the police, does not mention Mr. Biden by name, but she said the complaint was about him. Ms. Reade said she filed the report to give herself an additional degree of safety from potential threats. Filing a false police report may be punishable by a fine and imprisonment.
Ms. Reade, who worked as a staff assistant helping manage the office interns, said she also filed a complaint with the Senate in 1993 about Mr. Biden; she said she did not have a copy of it, and such paperwork has not been located. The Biden campaign said it did not have a complaint. The Times reviewed an official copy of her employment history from the Senate that she provided showing she was hired in December 1992 and paid by Mr. Biden’s office until August 1993.
The seven other women who had complained about Mr. Biden told the Times this month that they did not have any new information about their experiences to add, but several said they believed Ms. Reade’s account.
Last year, Mr. Biden, 77, acknowledged the women’s complaints about his conduct, saying his intentions were benign and promising to be “more mindful and respectful of people’s personal space.”
In response to Ms. Reade’s allegation, Kate Bedingfield, a deputy Biden campaign manager, said in a statement: “Vice President Biden has dedicated his public life to changing the culture and the laws around violence against women. He authored and fought for the passage and reauthorization of the landmark Violence Against Women Act. He firmly believes that women have a right to be heard — and heard respectfully. Such claims should also be diligently reviewed by an independent press. What is clear about this claim: It is untrue. This absolutely did not happen.”
Ms. Reade made her new allegation public as Mr. Biden was closing in on the Democratic presidential nomination after winning a string of primaries against his chief rival, Senator Bernie Sanders. Ms. Reade, who describes herself as a “third-generation Democrat,” said she originally favored Marianne Williamson and Senator Elizabeth Warren in the race but voted for Mr. Sanders in the California primary last month. She said her decision to come forward had nothing to do with politics or helping Mr. Sanders, and said neither his campaign nor the Trump campaign had encouraged her to make her allegation.
President Trump has been accused of sexual assault and misconduct by more than a dozen women, who have described a pattern of behavior that went far beyond the accusations against Mr. Biden. The president also directed illegal payments, including $130,000 to a pornographic film actress, Stormy Daniels, before the 2016 election to silence women about alleged affairs with Mr. Trump, according to federal prosecutors.
Mr. Trump has even boasted about his mistreatment of women; in a 2005 recording, he described pushing himself on women and said he would “grab them by the pussy,” bragging that he could get away with “anything” because of his celebrity.
Even so, Mr. Trump has at times attacked opponents over their treatment of women. The president has not mentioned Ms. Reade’s allegation, which has circulated on social media and in liberal and conservative news outlets.
Ms. Reade, 56, told The Times that the assault happened in the spring of 1993. She said she had tracked down Mr. Biden to deliver an athletic bag when he pushed her against a cold wall, started kissing her neck and hair and propositioned her. He slid his hand up her cream-colored blouse, she said, and used his knee to part her bare legs before reaching under her skirt.
“It happened at once. He’s talking to me and his hands are everywhere and everything is happening very quickly,” she recalled. “He was kissing me and he said, very low, ‘Do you want to go somewhere else?’”
Ms. Reade said she pulled away and Mr. Biden stopped.
“He looked at me kind of almost puzzled or shocked,” she said. “He said, ‘Come on, man, I heard you liked me.’”
At the time, Ms. Reade said she worried whether she had done something wrong to encourage his advances.
“He pointed his finger at me and he just goes: ‘You’re nothing to me. Nothing,’” she said. “Then, he took my shoulders and said, ‘You’re OK, you’re fine.’”
Mr. Biden walked down the hallway, Ms. Reade said, and she cleaned up in a restroom, made her way home and, sobbing, called her mother, who encouraged her to immediately file a police report.

Instead, Ms. Reade said, she complained to Marianne Baker, Mr. Biden’s executive assistant, as well as to two top aides, Dennis Toner and Ted Kaufman, about harassment by Mr. Biden — not mentioning the alleged assault.
The staff declined to take action, Ms. Reade said, after which she filed a written complaint with a Senate personnel office. She said office staff took away most of her duties, including supervising the interns; assigned her a windowless office; and made the work environment uncomfortable for her.
She said Mr. Kaufman later told her she was not a good fit in the office, giving her a month to look for a job. Ms. Reade never secured another position in Washington.
In an interview, Mr. Kaufman, a longtime friend of Mr. Biden’s who was his chief of staff at the time, said: “I did not know her. She did not come to me. If she had, I would have remembered her.”
Mr. Toner, who worked for Mr. Biden for over three decades, said the allegation was out of character for Mr. Biden. Other senators and office staffs had reputations for harassing women at work and partying after hours, according to those who worked in the office at the time. Mr. Biden was known for racing to catch the train to get home to Wilmington, Del., every night.
“It’s just so preposterous that Senator Biden would be faced with these allegations,” said Mr. Toner, who was deputy chief of staff when Ms. Reade worked in the office. “I don’t remember her. I don’t remember this conversation. And I would remember this conversation.”
The Biden campaign issued a statement from Ms. Baker, Mr. Biden’s executive assistant from 1982 to 2000.
“I never once witnessed, or heard of, or received, any reports of inappropriate conduct, period — not from Ms. Reade, not from anyone,” she said. “I have absolutely no knowledge or memory of Ms. Reade’s accounting of events, which would have left a searing impression on me as a woman professional, and as a manager.”
Melissa Lefko, a former staff assistant for Mr. Biden from 1992 to 1993, said she did not remember Ms. Reade. But she recalled that Mr. Biden’s office was a “very supportive environment for women” and said she had never experienced any kind of harassment there.
“When you work on the Hill, everyone knows who the good guys are and who the bad guys are, and Biden was a good guy,” she said.
Ms. Reade said that she could not remember the exact time, date or location of the assault but that it occurred in a “semiprivate” place in the Senate office complex.
A friend said that Ms. Reade told her about the alleged assault at the time, in 1993. A second friend recalled Ms. Reade telling her in 2008 that Mr. Biden had touched her inappropriately and that she’d had a traumatic experience while working in his office. Both friends agreed to speak to The Times on the condition of anonymity to protect the privacy of their families and their self-owned businesses.
Ms. Reade said she also told her brother, who has confirmed parts of her account publicly but who did not speak to The Times, and her mother, who has since died.
At the time of the alleged assault, Ms. Reade said she was responsible for coordinating the interns in the office. Two former interns who worked with her said they never heard her describe any inappropriate conduct by Mr. Biden or saw her directly interact with him in any capacity but recalled that she abruptly stopped supervising them in April, before the end of their internship. Others who worked in the office at the time said they remembered Ms. Reade but not any inappropriate behavior.
Friends and former co-workers describe Ms. Reade as friendly, caring, compassionate and trustworthy, though perhaps a bit naĂ¯ve. A single mother, she changed her name for protection after leaving an abusive marriage in the late 1990s and put herself through law school in Seattle. After leaving Mr. Biden’s office, she eventually returned to the West Coast, where she worked for a state senator; as an advocate for domestic violence survivors, testifying as an expert witness in court; and for animal rescue organizations.
During her time in Mr. Biden’s office, he was working to pass the Violence Against Women Act, which Mr. Biden has described as his “proudest legislative accomplishment.” In 2017, Ms. Reade retweeted praise for Mr. Biden and his work combating sexual assault. In more recent months, her feed has featured support for Mr. Sanders and criticism of Mr. Biden.
Ms. Reade said she did not disclose the sexual assault allegation last year when she spoke out because she was scared. After her initial complaints were reported last year by a local California newspaper, Ms. Reade said she faced a wave of criticism and death threats, as well as accusations that she was a Russian agent because of Medium posts and tweets, several of which are now deleted, she had written praising President Vladimir Putin.
Ms. Reade said that she was not working for Russia and did not support Mr. Putin, and that her comments were pulled out of context from a novel she was writing at the time.
“It was trying to smear me and distract from what happened, but it won’t change the facts of what happened in 1993,” she said.
She called her praise for Mr. Putin “misguided.”
Ms. Reade tried to get legal and public relations support from the Time’s Up Legal Defense Fund, an initiative established by prominent women in Hollywood to fight sexual harassment. Her outreach to the group was first reported by The Intercept.
As it has for thousands of people who have contacted the group, the Time’s Up Legal Defense Fund, which does not represent clients, gave her a list of lawyers with expertise in such cases. She said she contacted every single one but none took her case. Two lawyers confirmed speaking to Ms. Reade but declined to comment on the record about her or the allegation.
SKDKnickerbocker, the political consulting firm where Mr. Biden’s chief strategist, Anita Dunn, works as a managing director, has a contract with the Time’s Up legal defense fund. Ms. Dunn has never worked with the fund and her firm was not told of Ms. Reade’s request, according to officials at the fund.
Ms. Reade also contacted at least one of the women who spoke out along with her last year about Mr. Biden’s penchant for physical contact.
Lucy Flores, a former Nevada state assemblywoman who accused Mr. Biden of making her uncomfortable by kissing and touching her during a 2014 campaign event, exchanged a few emails last year with Ms. Reade but said Ms. Reade did not share her full story.
“Biden is not just a hugger,” Ms. Flores said. “Biden very clearly was invading women’s spaces without their consent in a way that made them feel uncomfortable. Does he potentially have the capacity to go beyond that? That’s the answer everyone is trying to get at.”

Sunday, April 29, 2018

New Sexual Harassment Policies Are Enforced - or Not

The saying goes: "a law is only as good as its' implementation".

At least that is what my dad, assistant attorney general under Louis Lefkowitz and others for 30 years, told me, over and over again.

So what we are seeing in America is the door swung wide open to women who claim sexual harassment by the men they worked for or with. Whether their stories are correct or not is still up in the air somewhere.

I think the hysterics have gone too far, for many reasons, but certainly one in particular. At this time, any person can make any claim about anyone, get the social media and news to pick it up, and boom....suddenly, the person who allegedly did the bad acts, is tainted for life, or at least until there is a proper investigation and which gets the facts to appear above the rumors in a Google search.

The NY POST asked me to comment on what I thought of NYC Mayor DeBlasio's claim that as far as sexual assault claims are concerned, "The Department of Education led the way with 471 complaints, of which only a mere seven, or a little over 1 percent, were substantiated."

My response is here:
NYC Department of Education headquarters, Tweed Courthouse
Department of Education stifled sex harassment claims: ex-union rep
 , April 26, 2018


It was set up to fail.
 The Department of Education office that substantiated just 1.5 percent of 471 sexual harassment claims was established to keep complaints from going to the more forceful federal Equal Employment Opportunity Commission, according to a veteran union rep.
 
“They wanted control over these complaints, so they invented a subsidiary of the DOE to control the initiation and outcome of a case,” said Betsy Combier, a former United Federation of Teachers rep who now advises teachers facing charges by the Department of Education. “The [DOE Office of Equal Opportunity] is there to make sure no one goes to the EEOC, where the case would actually get an independent hearing.”
A rep for the EEOC said New York City agencies may refer cases to it, but he could not provide numbers for how many actually were.
The DOE office substantiated just seven of 471 sex harassment claims it investigated between July 2013 and 2017.
Mayor Bill de Blasio defended the paltry number Wednesday, claiming there is a “hyper-complaint dynamic” and a culture of people lodging complaints with ulterior motives.
Advocates slammed de Blasio on Thursday for the retrograde defense.
“What he should have said is that addressing sexual harassment and sexual assault are top priorities and that, as the leader of our city, he is fully committed to restoring women’s trust and ensuring their safety,” said the National Organization for Women’s New York City chapter president Sonia Ossorio, adding de Blasio’s remarks were “disappointing” and a “disservice.”
A lawyer who represents sexual harassment victims said it was hard to believe the mayor’s comments came from the same guy who travels around the country to spread a progressive agenda.
“That’s crazy. You may expect that more from a large corporation than from a man who considers himself the most liberal person on the planet,” said Maimon Kirschenbaum of Joseph & Kirschenbaum LLP, which handles discrimination cases.
City officials insisted all harassment complaints are “thoroughly” investigated.
“The DOE’s Office of Equal Opportunity and Diversity Management treats every allegation of discrimination with the utmost seriousness and thoroughly investigates complaints,” said spokeswoman Toya Holness.
The city is hiring 11 new OEO investigators, which will bring the total to 18, officials said."
And there's the rub. Where are the facts? Let me give you a current example.

Veteran NBC Reporter Tom Brokaw was recently accused of sexual misconduct with a former News staffer Linda Vester. Suddenly, more than 60 female journalists came forward with a signed letter of support for him. We, the public, don't know what happened, but everyone "knows" that people can be found guilty or innocent depending on how the media coverage tells the "story" - if indeed there was one in the first place:
from Linda Stasi, NY Daily News April 29, 2018:
BROKAW, UNDER FIRE, HAS FEMALE SUPPORTERS
"Maybe you too but not #MeToo. More than 60 female journalists signed a letter of support for Tom Brokaw in response to allegations of sexual misconduct by his former colleague, Linda Vester.
Rachel Maddow, Maria Shriver and Andrea Mitchell were among those signing the statement that he "treated each of us with fairness and respect."
Brokaw meantime, called Vester's claims, "an ambush," which is pretty much what she said of him.
Bottom line? Just because he didn't try to kiss them doesn't mean he didn't try to kiss her. Just saying."

This is what is wrong with the #Me Too movement - my opinion as a woman - before, not after the media gets to say what really happened, please let's get the facts straight. Lets get professional investigators who know how to get to the "real" story, are trained in how to do that, and start from a neutral place where no side is favored. Let's stop the mobbing as a way to create facts.

Then we have laws that we can trust and lawmakers who can show us their mettle in standing up to a mob and say "stop".

Betsy Combier
betsy@advocatz.com
ADVOCATZ.com


Patricia Gunning’s retaliation complaint against her boss at a New York State agency was routed through several different investigative bodies and has yet to be resolved — a common fate for harassment complaints against state officials. CreditKarsten Moran for The New York Times

Sex Harassment Complaints in New York Fall Into an Enforcement Maze


In early April, with hundreds of New York City’s elite gathered at a power breakfast at Cipriani Wall Street, Gov. Andrew M. Cuomo extolled the merits of the state’s new sexual harassment policies, calling them a model that would be “binding on every government in the State of New York.”

But while Mr. Cuomo and other lawmakers have lavished praise upon the new reforms, little has been said about a less glamorous question: Who, exactly, will enforce them?

There is no single investigative body or agency charged with hearing complaints of sexual harassment or abuse by state officials. Nor is there a uniform statewide definition of sexual harassment.

What exists is a tangle of commissions, offices and agencies, many with overlapping jurisdictions but different procedures and enforcement powers — and no clear framework for reconciling them.

In three recent harassment complaints against top state officials, no fewer than six different groups conducted investigations, an examination by The New York Times shows. All the cases were reviewed at least three times, sometimes with conflicting results.

In one case, an allegation went from the state’s Justice Center for the Protection of People with Special Needs to the Governor’s Office of Employee Relations and then to the state inspector general.

In another, an allegation was handled by the inspector general’s office, then by the Division of Criminal Justice Services, and then by the Joint Commission on Public Ethics. In the third, it went from the Office of General Services to the governor’s employee relations office to the inspector general, and finally to the public ethics commission.

The cases show that bringing a complaint in New York State government can be a clunky, unpredictable process. What policies do exist are not always followed. And for all the sleek uniformity that officials have promised in recent weeks, none of the new policies fully address how, in practice, it will be achieved.

Mr. Cuomo’s aides say the multiple reviews of each of the three complaints demonstrate how seriously they were treated.

“Complainants should have as many options as possible,” Alphonso David, the governor’s counsel, said in a recent interview. “If I’m a victim of discrimination, I want to have as many options available to me to seek redress.”

But ethics experts said the lack of clarity around procedure could undermine accountability and public trust.

“When jurisdiction becomes so bifurcated or attenuated that the ball just keeps bouncing from one agency to the next, that can become a tool for delay,” said Paula Franzese, a professor at Seton Hall Law School and former chairwoman of New Jersey’s state ethics commission. “That can promote delay and studied inaction and certainly inefficiency.”

‘He Should Just Watch It’

In 2016, Patricia Gunning had been at the Justice Center for the Protection of People with Special Needs for three years. As the agency’s special prosecutor, she was one of its highest-ranking officials, and after months of feeling that the agency’s acting director had created a “frat-house culture,” including having an inappropriate relationship with a staffer, she confronted him.

The retaliation was immediate, according to Ms. Gunning. In June of that year, after the director, Jay Kiyonaga, shouted at her so loudly that several colleagues sent her emails afterward asking if she was all right, she reported him to the Justice Center’s general counsel.

The subsequent inquiry found that “everyone confirmed” Ms. Gunning’s account of Mr. Kiyonaga “raising his voice and swearing at you,” according to a recording of a conversation, obtained by The Times, between Ms. Gunning and the counsel, Robin Forshaw.

But the incident “didn’t raise with us the idea” that it needed to be reported further, Ms. Forshaw said.

“We’ve told him he should just watch it, and not do that kind of thing,” she said.

The agency had written a memo about the incident, but it would not go in Mr. Kiyonaga’s file. If Ms. Gunning wanted to continue pursuing the complaint, Ms. Forshaw said, she could “make a report of discrimination or retaliation with our affirmative action officer, the Division of Human Rights, the E.E.O.C.

“You could also, I guess, potentially make a workplace violence complaint, if that’s what your concern is,” Ms. Forshaw added.

Under a 10-step procedure devised by the governor’s office for state agencies, internal complaints are supposed to be investigated by an affirmative action officer. But Ms. Gunning said she did not speak to the Justice Center’s affirmative action liaison until after Ms. Forshaw’s call.

Ms. Gunning contacted the liaison herself, and the liaison referred the complaint to the Governor’s Office on Employee Relations. Investigators there, working with the Office of General Services, determined the complaint was “without merit,” according to Christine Buttigieg, a Justice Center spokeswoman. (Ms. Gunning said she was never informed of the results of that investigation.)

Ms. Gunning then approached the governor’s office directly. In an Oct. 26, 2017, letter to Mr. David and the governor’s secretary, Melissa DeRosa, she asked them to review her complaint, offering to share the recorded conversation. Mr. David replied to say he had referred her inquiry to the inspector general.

That investigation is still open. Ms. Gunning said she had heard from the inspector general’s office only twice since October.

“Here you have the governor talking about all this stuff, but you don’t see many state employees coming forward, right, because why would you?” Ms. Gunning said. “Given that I was at the top of my agency — if you witnessed what happened to me, why would you ever come forward?”

Mr. David said it was inaccurate to suggest that the state was trying to skirt accountability by referring complaints to different agencies.

“If an agency conducts an investigation, and they make a determination that the claim is unsubstantiated, the reason why the case is referred to another agency is because the complainant doesn’t like the result,” he said.

But Ms. Gunning said she had no choice but to bring her story to multiple agencies, because no single one provided a fair, thorough investigation.

“I literally had no idea where to go,” she said. “The burden should not be on victims of sexual harassment, discrimination or abuse to wade through multiple inconsistent and unsafe options.”

Two Inquiries, Two Findings

At the Division of Criminal Justice Services, after complaints surfaced against a senior official there, the referral order was reversed.

Last December, the state inspector general, Catherine Leahy Scott, wrote a letter informing the criminal justice agency’s deputy commissioner that the official, Brian J. Gestring, had created an environment “rife with incidents of sexual harassment, ageism, racism, and threats of retaliation and physical violence.”

But while the inspector general’s office was conducting its investigation, the agency had been conducting its own.

The agency’s conclusions contrasted starkly with the inspector general’s. The inspector general’s office found that Mr. Gestring, the director of the agency’s Office of Forensic Science, had told employees they needed to “hump more” and had threatened to hurt a female employee. It recommended that the agency “take action as you deem appropriate” against Mr. Gestring, according to the letter, which was first reported by The Albany Times Union.

The criminal justice division’s investigation, in contrast, concluded that the allegations were unsubstantiated, according to an agency spokeswoman, Janine Kava.

One employee who had testified against Mr. Gestring, Kimberly Schiavone, was transferred to another office within the agency, and another, Gina Bianchi, was fired and then reinstated to a demoted position. Mr. Gestring remained in his position.

After the women announced their intention to sue the state for retaliation and equal protection violations, Mr. David said he referred the retaliation claims to the Governor’s Office of Employee Relations; the harassment claims, as well as the conflicting findings of the two previous investigations, went to the Joint Commission on Public Ethics. Both of those inquiries remain unresolved.

John W. Bailey, a lawyer for the women, said the inspector general’s findings should have stood.

“It is clear that certain people are not happy with the inspector general’s report,” he said. “They want someone else to say, ‘We’ve taken a look at this, and we don’t agree.’”

New York’s statutes offer little guidance as to how these various investigative bodies are to coexist, and which might get priority over another.

The public ethics commission is responsible for investigating violations of the state’s public officers law, which does not explicitly refer to sexual harassment but requires officials to follow a “course of conduct which will not raise suspicion among the public.” The inspector general’s office investigates allegations including “abuse” in executive agencies. The Division of Human Rights prosecutes “unlawful discriminatory practices,” and the Governor’s Office of Employee Relations “promotes and maintains a safe and healthy workplace.”

Each state agency is also required to have its own procedures for addressing discrimination complaints.

Karl Sleight, the former executive director of the now-defunct New York State Ethics Commission, compared the development of state ethics bodies to the accumulation of shale.

“You have layer upon layer upon layer, and it’s reactionary. It’s by virtue of something happening — some kind of scandal,” he said. “That’s how these laws developed, how these agencies developed, and how their jurisdiction developed.

“It’s usually not with a clear central purpose. It’s to deal with the crisis du jour.”

Mr. David said that in the case of concurrent complaints, one agency might postpone its investigation until another’s had finished. But he acknowledged the potential for conflict.

“It may create confusion for an agency to do the same investigation where it’s interviewing the same people, reviewing the same documents, soliciting the same information,” he said.

And despite its investigative muscle, which includes subpoena power, the inspector general’s office has no enforcement authority; it can only recommend action. The public ethics commission can issue fines, but only for specific violations, such as improper financial disclosures. For others, including conduct that might “raise suspicion,” it too makes recommendations.

Mr. David conceded that the myriad complaint venues could have inadvertently negative effects. If two agencies arrived at different conclusions, complainants could lean on the one in their favor — “but be aware,” Mr. David said, that defendants could do the same.

“If you file a complaint with 30 different agencies, it may actually hurt you,” he said.

Turning a Blind Eye

In the third case, Lisa Marie Cater, an employee of the state’s Department of Motor Vehicles, dealt with multiple authorities after accusing Sam Hoyt, a regional president of the Empire State Development Corporation, New York’s main economic development arm, of sexual harassment and abuse. Ms. Cater filed a federal lawsuit against Mr. Hoyt and Mr. Cuomo in November, alleging the governor’s office had turned a blind eye to her complaint.

Mr. Hoyt, a former assemblyman from Buffalo, had previously been sanctioned after having an affair with an intern.

According to the lawsuit, Ms. Cater tried several times to report Mr. Hoyt’s harassment to the governor’s office but was consistently ignored.

Eventually, she was contacted by a lawyer with the Office of General Services, Noreen VanDoren. Ms. VanDoren, the lawsuit said, referred Ms. Cater to the inspector general’s office. From there, she was put in touch with the Joint Commission on Public Ethics.

The governor’s office, which has denied any wrongdoing, says it referred Ms. Cater’s complaint to the public ethics commission after she refused to cooperate with the inspector general’s office. It has consistently pointed to the multiple investigations as evidence that the lawsuit is baseless.

“The state launched three separate investigations in this matter, and any assertion to the contrary is patently and demonstrably false,” Mr. David said after the suit was filed.

The lawsuit is still active. The other complaints, too, remain unresolved.

Ms. Gunning resigned from the justice center last August. Ms. Schiavone and Ms. Bianchi remain in their demoted or transferred positions at the Division of Criminal Justice Services. Ms. Cater is on unpaid sick leave from the Department of Motor Vehicles.

Mr. Kiyonaga is now executive deputy commissioner of the Office for People with Developmental Disabilities, the state’s second-largest agency. Mr. Hoyt resigned from the state development corporation; after he announced his departure, top state officials, including the lieutenant governor, praised his work record.

Mr. Gestring, at the Division of Criminal Justice Services, was fired on March 22 — but not because of the inspector general’s findings, according to an agency spokeswoman.

He was fired, she said, for a separate set of “inappropriate remarks.”

Senator Andrea Stewart-Cousins, who leads the New York State Senate’s Democratic conference, is
among several leaders in Albany to propose legislation cracking down on sexual harassment; Gov.
Andrew M. Cuomo was the latest to do so. CreditNathaniel Brooks for The New York Times

A day before the start of what promises to be a contentious new legislative session, state policymakers signaled at least one area of possible agreement: cracking down on sexual harassment in New York government.

On Tuesday morning, a day before his annual State of the State address, Gov. Andrew M. Cuomo announced plans to propose legislation that would block government officials from using taxpayer dollars to settle sexual harassment claims, ban confidentiality agreements related to sexual harassment in state and local government, and standardize anti-harassment policies across government agencies.

The plan is among 21 proposals in Mr. Cuomo’s annual address that he has unveiled since December, including his most recent: calling on the Metropolitan Transportation Authority to look at improving transportation access to the Red Hook, Brooklyn area, including possibly extending subway service to a new station from Lower Manhattan. The governor also plans to preview legislation that would provide tax relief to property owners, a key issue in light of the federal move to reduce state and local property tax deductions.

The sexual-harassment proposals closely mirror others put forward by state lawmakers from both parties in recent weeks: In mid-December, Senators Catharine Young and Elaine Phillips, both Republicans, proposed bills that, in addition to banning secret settlements, would also codify the definition of sexual harassment in state law and expand harassment protections for independent contractors.

Also on Tuesday, the Senate Democratic Conference, led by Andrea Stewart-Cousins, put forward its own slate of similar bills, which would also more clearly outline state agencies’ and supervisors’ responsibilities to address harassment in their ranks.

All told, the nearly identical proposals reflect an unusual degree of consensus among the notoriously divided state Legislature. Policymakers said the agreement illustrates the extent to which there has been a recent national reckoning on workplace equality.

“I don’t think anybody could have avoided this topic, as you saw person after person being put into the limelight because of questionable behavior,” Ms. Stewart-Cousins, the Senate minority leader, said in an interview on Tuesday. “It sounds like everybody’s talking about it, so it sounds like everybody wants to do something.”

Assembly Speaker Carl Heastie, a Democrat, and Senator Jeffrey Klein, the leader of the Independent Democratic Conference, a group of renegade Democrats who often collaborate with the Republicans, also signaled their willingness on Tuesday to tighten policies against workplace sexual harassment.

Albany has already been entangled in the recent surge of alleged sexual misconduct disclosures. In November, Lisa Marie Cater, a former state employee, filed a lawsuit against Sam Hoyt, a former Cuomo appointee and former Democratic assemblyman from Buffalo, accusing him of paying $50,000 to buy her silence after he sexually harassed her. Ms. Cater also accused Mr. Cuomo and the governor’s office of being “deliberately indifferent” to her complaints, a charge they deny.

When a public radio reporter asked Mr. Cuomo last month about the allegations against Mr. Hoyt and what he could have done differently to address such behavior in state government, Mr. Cuomo told the reporter, Karen DeWitt, that her question did a “disservice to women.”

“When you say it’s state government, you do a disservice to women, with all due respect, even though you’re a woman,” he told Ms. DeWitt.

After Mr. Cuomo’s comments attracted widespread criticism, his aides scrambled to clarify that he had meant to convey the prevalence of sexual harassment across sectors.

In a statement on Tuesday, Mr. Cuomo said the past year had brought a “long overdue reckoning.”

“This year, we saw brave men and women across the nation shatter this silence and create a moment of reckoning that through these reforms we seek to turn into permanent protections,” he said.

Many of the various proposals wade into the private as well as the public domain. Mr. Cuomo’s planned legislation would require any companies with state business to disclose the number of sexual harassment cases they had faced each year, and would bar employers from forcing their employees into private arbitration. One of the Democrats’ bills would expand protections for employees of small businesses.

Ms. Young said the focus on harassment by celebrities and public officials, both in New York and nationwide, threatened to overshadow victims of sexual harassment whose accused abusers were less well known. She said her proposal to allow independent contractors, in industries ranging from hair styling to real estate, to sue their employers for sexual harassment could ensure protections for up to 40 percent of New Yorkers, the percentage she said work on a freelance or contract basis.

“This tackles the serial sexual predators of the rich and famous but also helps everyday New Yorkers who may find themselves in terrible situations,” Ms. Young said.

Lawmakers said the question of who to hold accountable for sexual harassment in Albany had been a topic of concern for years, citing the example of Vito Lopez, a former assemblyman whom two former aides accused of serial harassment in 2013. In 2015, Mr. Lopez settled with the women for $580,000, with the state paying $545,000.

But they agreed that the fallout from the revelations about movie mogul Harvey Weinstein had forcefully reopened the discussion.

“I think it was clear that women realized that this was a moment to really assert ourselves,” Ms. Stewart-Cousins, who is the first woman to lead a state conference in New York, said. “As a legislator, as a woman lawmaker, I couldn’t let this moment pass.”

Follow Vivian Wang on Twitter: @vwang3
 
By Dean Meminger  |  April 26, 2018 @10:27 Prrest records
By Dean Meminger  |  April 26, 2018 @10:27 Lawsuit alleges NYPD illegally uses sealed LBy Dean Meminger  |  April 26, 2018 @10:27 PM
The New York City Police Department is being accused of using sealed arrest records without a judge's approval — records that in most cases should never be seen again because they involve cases that were dismissed or defendants cleared of wrongdoing.

"The NYPD is using them to target people for new charges, for surveillance, they are giving them to prosecutors," said Bronx Defenders Deputy Director Jenn Borchetta.

Public defenders in the Bronx filed a class action lawsuit against the NYPD, charging the police have violated the rights of thousands of people by illegally using their sealed arrest records.

Borchetta says the lead plaintiff had his sealed records, including a photo, used against him in a robbery case.

"The photo should have been destroyed years before but an NYPD detective put his photo into an array, the witness identified him and he faced those charges a year and a half before the prosecutor finally recommended dismissing the charges. And it left him scared and left him feeling like a criminal even though he was innocent," Borchetta said.

NYPD Deputy Commissioner of Legal Matters Lawrence Byrne says he is comfortable with the way police handle sealed material and that they follow state laws.

"We have to isolate it," said Byrnes. "And some of the records actually have to be destroyed as opposed to sealed."

But Bronx Defenders says it found several instances of sealed records turned over to other law enforcement agencies.

"I'm not aware of it, that is not something that has been brought to the attention of the NYPD previously," Byrnes said. "And now we are looking at it. We are going to reevaluate and make sure our procedures comply with the law and that the sealed records are treated the way they need to be."

Bronx Defenders say that's what they're asking for — that the NYPD get a court's permission before opening up the sealed information.
Cuomo Takes Ungainly Dip Into Sexual Harassment Debate DEC. 13, 2017

Reversing Course, Cuomo Will Return Weinstein’s Money OCT. 12, 2017