Harassment cases vex Congress

More allegations expected, but no protocol in place

WASHINGTON – As allegations of sexual harassment and misconduct mount on Capitol Hill, it may seem as if congressional leaders are flying by the seats of their pants. That’s because, for the most part, they are.

Leaders in both parties are scrambling to get to the bottom of allegations on a case-by-case basis, even if that means urging members to step down before the Ethics Committee finishes an inquiry.

While rumors swirl that dozens more allegations against members are coming, congressional leaders have no process in place for sniffing out allegations of wrongdoing on their own and handle accusations as they come.

The Congressional Accountability Act, passed in 1995, outlined employee rights in Congress and created an independent office to handle disputes. But that office cannot investigate claims. Members are supposed to report misconduct to the Ethics Committee, which does have investigative power.

Beyond filing the initial misconduct report, there isn’t a blueprint for how a congressional leader is supposed to handle such a charge, particularly when many allegations are discovered through news reports.

A USA TODAY survey of the congressional leadership offices found that although each office sees the Ethics Committee as the ultimate jury, how a case makes it there varies.

There’s a growing sense on Capitol Hill that more allegations are coming. House Speaker Paul Ryan and Minority Leader Nancy Pelosi have expanded the pool of members to serve essentially as the jury on ethics matters from 20 to 30. The group also expanded the number of female lawmakers.

Ryan’s general counsel was approached by a friend last month with allegations of what Ryan’s office described as “troubling behavior” by Rep. Trent Franks, R-Ariz., who was accused of discussing surrogate pregnancy with two staff members.

The general counsel looked into the claim and found the allegations credible. Then Ryan got involved.

After Franks did not deny the accusations to Ryan, the speaker said he was referring them to the Ethics Committee and urged Franks to resign, according to Ryan’s office.

“Normally, the speaker or the leadership would not inject themselves into the Ethics Committee process,” said Stanley Brand, former general counsel to the U.S. House of Representatives under speaker Tip O’Neill.

“This is not a process being driven by legal or rules anymore. It’s being driven by public perception, and so the rules are going out the window,” said Brand, who has represented dozens of elected officials in ethics cases. “I understand why they’re acting that way, except that’s a very dangerous precedent I would think.”

Rep. Gregg Harper, R-Miss., chairman of the House Administration Committee, leads an investigation into how Congress handles all complaints. It has resulted in the House passing mandatory harassment training every year. The Senate also passed harassment training legislation.

Harper said he intends to reveal amendments to the 1995 law that would handle the reporting and settlement process. He told USA TODAY he expects the review to be completed by mid-January.

Asked how Pelosi’s office would handle cases, spokesman Drew Hammill noted her call for Rep. John Conyers, D-Mich., to be investigated by the Ethics Committee after the first news report of sexual harassment allegations from multiple former staffers.

She got Conyers to step aside as the ranking member of the Judiciary Committee.

After more allegations surfaced, she said he should resign.

Senate Majority leader Mitch McConnell’s spokesman David Popp said the Ethics Committee and Office of Compliance — which handles congressional labor and employment disputes but does not have the authority to investigate claims — have processes for dealing with allegations.

No Republican senators have been accused of sexual misconduct, so there is no specific case for the Kentucky Republican’s office to point to.