Republican, Democrat file bill to move sexual harassment inquiries outside the legislature

In a rare bipartisan effort, Rep. Aftyn Behn, D-Nashville, and Rep. Todd Warner, R-Chapel Hill, together filed legislation Monday aimed at moving investigation and resolution of harassment complaints outside the legislature to the Tennessee Attorney General’s Office.

The bill follows a long line of sexual harassment complaints – including one that led to the resignation of a high-ranking Republican lawmaker last year.

“We're sponsoring this bill to fix what we all know is a broken system. This bill will increase transparency. In the process, it will put victims first,” Warner said. “Not only will it create a fair process for the accused, it will put the process into unbiased hands and out of the reach of politics.”

Behn said the bill is aimed at “enhancing the transparency and fairness of sexual harassment investigations” in the legislature, and shifting responsibility for handling investigations and resolutions away from legislative leadership.

Currently, sexual harassment complaints are reported to the Office of Legislative Administration, who then opens an investigation, and if warranted, communicates the complaint to the House Ethics Subcommittee.

If the committee finds a violation has occurred, a brief report is placed in the accused lawmaker or staff member’s file, and becomes a public record. No notice or announcement is made, and the report is the only record related to any allegation of harassment that can be made public.

Existing policy bars staff and lawmakers from discussing or even acknowledging the existence of any complaint prior to a formal finding. Spending records documenting expenditure of taxpayer funds to remedy a harassment situation are also kept secret under the policy.

“This is a crucial step that is driven by a shared commitment to ensuring a transparent and impartial review process free from the influence of legislative leadership,” Behn said.

“We’ve all heard the stories of the current system,” Warner added, noting that he understands from legal staff there has been a harassment case every year for at least the last decade.

Last year, former Rep. Scotty Campbell, R-Mountain City, resigned weeks after an ethics subcommittee found he had sexually harassed a 19-year-old intern – only after the panel’s findings were made public.

Through stringent confidentiality standards aimed at protecting victims, the legislature’s harassment policy also in some ways shields lawmakers from consequences, effectively acting as a gag order on any discussion or records disclosures related to ethics complaints.

Prior to public reports of the complaint against Campbell, neither a House ethics subcommittee nor House leadership took serious punitive action against him. Campbell maintained his elected seat, his legislative committee assignments, his office and staff, and his leadership position as vice chair of the House Republican Caucus until mounting public pressure led Campbell to suddenly resign.

Legislative administration spent thousands of dollars to relocate the intern at the center of the case to a nearby hotel for the remainder of the legislative session, and move her belongings back to her home. But nearly a year after Campbell’s resignation, records of what taxpayers spent to on the situation – while Campbell remained in office – remain secret due to stringent confidentiality requirements in the policy.

House Speaker Cameron Sexton, R-Crossville, said last year that the House should review the sexual harassment policy and have changes in place before the new internship class arrived at the state Capitol in January, allowing for more transparency and potentially making spending records around ethics complaints public. But so far, despite the speaker’s commitments, no changes have been made to the policy.

“We are continuing to review and discuss the General Assembly’s Workplace Discrimination and Harassment Policy,” Sexton spokesperson Connor Grady told The Tennessean in a statement. “Unfortunately, due to the ongoing court cases and appeals, any potential changes to the policy are on hold until the litigation is resolved.”

Campbell has sued the Office of Legislative Administration, alleging that the office is withholding records to shield House Republican Caucus Chair Jeremy Faison, R-Cosby, from a separate harassment complaint. A hearing in that case is set for Friday.

“This is an issue that has been brought to my attention by multiple women that work in this body and in this building. I understand that when the process was created that there was initial interest in making it impartial, but unfortunately, it's being weaponized to force some to be quiet and others to exit this assembly,” Behn said. “We're just asking for it to be transparent and impartial. Because that's what victims and the accused deserve.”

There is precedent for the attorney general's office to investigate sexual harassment in the legislature. In 2016, the office, at the request of then-Speaker Beth Harwell, R-Nashville, opened an investigation into then-Rep. Jeremy Durham, R-Franklin.

The attorney general's report found Durham engaged in inappropriate sexual conduct with 22 women, including sexual harassment. The House ultimately expelled Durham in September 2016.

Vivian Jones covers state government and politics for The Tennessean. Reach her at vjones@tennessean.com.

This article originally appeared on Nashville Tennessean: Behn, Warner file bill to create shift harassment investigations to AG