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Investigation: Oregon lawmakers lax on stopping sexual harassment

The report echoes Labor Commissioner Brad Avakian's initial complaint that top lawmakers haven't done enough to curb harassment they knew or should have known was occurring

A state investigation released Thursday finds Oregon lawmakers didn't do enough to stop sexual harassment in the Capitol.

As a result, the five-month investigation by the Oregon Bureau of Labor and Industries, known as BOLI, concludes the state Capitol is a hostile workplace, Oregon Public Broadcasting reported.

In an interview with BOLI investigators, Sen. Sara Gelser, D-Corvallis, described feeling marginalized by how some of the state's most powerful Democrats and key legislative leaders reacted after she accused then Sen. Jeff Kruse of touching her breast and placing his hand on her thigh under a dais.

Gelser told BOLI that Senate Majority Leader Ginny Burdick, D-Portland, suggested she was "grandstanding" by speaking out against Kruse. House Speaker Tina Kotek, D-Portland, reportedly told Gelser it was hard to move forward with her complaint because people in the Capitol consider Gelser unlikable and that Gelser had made the sexual harassment complaint all about her. Gelser told state investigators that Senate President Peter Courtney yelled at her in a café when the two were discussing harassment.

“I disagree with many of the assertions in the Commissioner’s report. I have never knowingly allowed harassment to go on. I have taken severe actions beyond my authority to stop it. I will continue to work as hard as I can to create a workplace free of harassment," Courtney said in a statement.

Sen. Jackie Winters, R-Salem, who at the time was the Senate Republican Leader, allegedly told Gelser she needed to "learn how to deal" with working with Kruse.

House Speaker Tina Kotek disagreed with the report's characterization of her conversation with Gelser. 

"The Commissioner's report included Senator Gelser’s recounting of a phone conversation we had in late 2017 amid the ongoing investigation into the complaint against Senator Kruse. Senator Gelser and I had a difference of opinion on the strategy of my role in the Senate process and the best way to remove Senator Kruse from office. As I was discussing our shared goal of seeing Senator Kruse resign, I shared information about what others were saying. In no way did I intend to validate those views. I deeply regret that I hurt Senator Gelser or made her feel less supported. I wish I had done a better job articulating the dynamics that I thought she needed to be aware of," Kotek said in a statement on Facebook.

Kotek said she has always been personally supportive of Gelser, who she said showed "tremendous courage" in coming forward to report Kruse's behavior.

The report echoes Labor Commissioner Brad Avakian's initial complaint that top lawmakers haven't done enough to curb harassment they knew or should have known was occurring. As the complainant in the case, Avakian didn't participate in the investigation.

"The Bureau of Labor and Industries Civil Rights Division has concluded their investigation of the Oregon Legislative Assembly and the Legislative Administration. The Substantial Evidence Determination presents clear evidence that victims of sexual harassment exist and that they were pressured to remain silent. The women who contacted me and the Bureau were found to be credible, both in their experiences and in their denial of legal rights and protections. Legislative leaders failed to take immediate and appropriate corrective action when they knew as far back as 2011 that people were being harmed in the Capitol because of the hostile environment that existed. The investigation showed that people in our state capitol have a fear of retaliation for coming forward, and there is no confidence in the processes in place to protect them," Avakian said in a statement.

"Nobody should have to endure harassment at work or in a public place, and if there were ever a place a person should be guaranteed fairness and justice, it is in the Oregon State Capitol. BOLI has investigated and found evidence of harassment," he said.

Typically, findings like those in the new report would open the Legislature up to penalties under BOLI's regulatory process, which has seen record-setting settlements during Avakian's decade-long tenure atop the bureau. But Avakian, a Democrat like those he has accused of letting harassment fester, is about to leave office. On Monday, Labor Commissioner-elect Val Hoyle will take control of the department and will likely dictate whether the bureau seeks consequences for the Legislature. She has not said how she plans to handle the matter.

“I didn’t receive the report until it was made public yesterday," Hoyle said. "On Tuesday, I’ll sit down with my staff and figure out where we go from here. The fact is, nobody should feel unsafe in the workplace, no matter where it is. That is part of this agency’s core jurisdiction. I’m not commissioner until Monday, but we’re prepared to do what we need to do to build trust, both with victims and employer. We’re going deal with all of these things in a fair and transparent manner.”

At the heart of the BOLI investigation is misconduct by former Republican state Sen. Jeff Kruse, who has been found to have subjected interns, lobbyists, fellow lawmakers and legislative staff to inappropriate comments and unwelcome touching over a course of years.

Courtney and Kotek earlier denied Avakian's accusations and said his investigation would have a chilling effect on others to come forward when they face harassment.

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