FAIRFAX, Va. — Fairfax County Fire and Rescue demoted a captain two ranks after a sexual harassment complaint was determined to have "cause." A complaint described sexual harassment and inappropriate touching of a female recruit at a local bar.
The alleged incident happened off hours at a bar during a fundraiser in December of 2017, according to county records.
The young woman told county investigators that a fire captain came up behind her, put his fingers in her rear end and said, "that's what you call a 'French Press.'"
WUSA9 is not naming the captain because he has not been criminally charged. He told county investigators it never happened. Apparently, no one else saw the alleged incident, but immediately afterward, the young woman told her two girlfriends what happened, according to the county's report. A year later, in September of 2018, she told another captain about the incident and he reported it to leadership.
The Fairfax County Office Human Rights and Equity Programs (OHREP) investigated and concluded in December, 2018 that there was enough evidence to believe the complaint. OHREP issued a "cause finding." Fire Chief John Butler demoted the captain two levels to technician -- a significant salary reduction.
A current firefighter, who did not want her name used due to fear of retaliation, criticized the demotion. She said that if the county really has a zero-tolerance policy, a "cause-finding" complaint should lead to job termination.
The alleged incident happened one year after Fairfax County firefighter Nicole Mittendorff took her own life. She'd been a victim of bullying, and sexual harassment from apparent co-workers on a community forum, reported extensively by WUSA9.
Her death exposed other complaints and sexual harassment lawsuits. The former fire chief was ousted.
Chief Butler took over last September, promising zero tolerance.
"I'm going to lead. I'm going to lead," Butler told WUSA9 in September. Although WUSA9 was told Butler might be willing to sit down for an interview, sources said Fairfax County Executive Bryan Hill stopped the interview, deciding instead to provide his own written statement.
"Our goal is to be as open and transparent as possible. Period," Hill told reporters a year ago concerning the county's investigation of the fire and rescue department.
Hill has previously stated the county policy, saying neither Fairfax County nor the FRD "tolerate any form of sexual harassment, discrimination, retaliation, or hostile work environment."
County policy does not set punishment, that is up the department head.
The demoted captain declined to comment about the incident but told WUSA9 that his union is handling his case, trying to get his higher ranking job back.
Ron Kuley, the president of the Fairfax County Firefighters and Paramedics Association could not discuss the specific case, only the general issue.
"Zero tolerance means action is going to be taken and discipline is going to be delivered, whatever that type of action or discipline is," Kuley said.
"Fire Chief John Butler is doing a great job in making sure that an issue as it relates to sexual harassment, discrimination, bullying is being addressed," he said. "And he's taken action. Now, we may not always agree on type of action, but there's processes in place and we're consistently going through and following those processes and policies."
The union has been named in an ACLU lawsuit brought on behalf of two of the highest-ranking women in the department. The woman recruit who accused the captain in the recent complaint has not filed a lawsuit, did not go to police, nor did she speak to her own union.
"We are there to support anybody that comes forward to us. And if they feel like they’re the victim, or they feel like they're the ones that need to make a complaint, then we will help them and guide them through the process and we've done that many, many times," Kuley said.
In the past year, there were five complaints involving sexual harassment, bullying or retaliation. OHREP determined "cause finding" for two of them.
Hill issued a statement Tuesday:
“Over the last year and a half the culture of the Fairfax County Fire and Rescue Department has changed. Our mission is continuous improvement and we are seeing results thanks to new leadership — leadership that is dedicated to providing a safe, productive, respectful and inclusive work environment for all of our employees. We do not condone sexual harassment, bullying and retaliation and investigate all complaints. Fairfax County, our residents and employees deserve “One Fairfax” and that is our mission as we protect and serve.”