DEPARTMENT OF VETERANS AFFAIRS

Aleda E. Lutz Medical Center

1500 Weiss Street
Saginaw, MI 48602
In Reply Refer To: 655/05
Date: May 9, 2014
From: Chairperson, Administrative Investigation Board (05)
Subj: Report of Investigation Allegation of Sexual Misconduct
To:

Anthony L. Dawson, MHA, FACHE

Medical Center Director
1. AUTHORITY: This investigation was authorized by the Medical Center
Director, Gulf Coast Veterans Health Care System, Biloxi, Mississippi, per
memorandum dated February 6, 2014. The investigation was conducted
during the period of February 11, 2014 through February 14, 2014.
2. PURPOSE: The purpose of the investigation, as outlined in the Charter,
was to gather evidence and ascertain facts to substantiate allegations that,
John W. Mechanic II, AFGE Local President, allegedly committed an act of
sexual misconduct against a female employee. The Board was asked to
address the following concerns:

What exactly was the adverse event?

What was the chain of events that resulted in the adverse event?
Was Service Leadership or Medical Center Leadership made aware
of the adverse event? If so, when?
Did an error lead to the adverse event?
What were the root causes (both direct and indirect) of each error?
Did any errors and/or root causes involve an inadequate system or
system failure?
Was the adverse event preventable?
Is there a need to redesign the relevant systems?
Was there a failure by Leadership to address the adverse events or
the circumstances surrounding the adverse event?
Are there lessons learned that might be helpful to other facilities?

3. SCOPE: The Board conducted an investigation into a reported incident

which took place on March 20, 2013 on the campus of the Gulf Coast
Veterans Health Care System facility, in the Unions office conference
room. The investigation is to determine whether or not the actions of John
W. Mechanic II, could be considered sexual misconduct. As stated in the
OIG Criminal Investigations Division report, the Board would also be

2. AIB Final Report

investigating whether or not the incident could be considered sexual
assault. (Please read OIG Inquiry)
a. Medical Center Policy 05-09-12, Standards of Ethical Conduct,
(November 5, 2012), states that, All employees are expected to serve
diligently, loyally and cooperatively; to maintain the highest possible
standards of honesty, integrity, impartiality and acceptable conduct; to
avoid misconduct and other activities in conflict with their employment;
to exercise courtesy and dignity; and to conduct themselves, both on
and off duty, in a manner reflecting credit upon VAGCVHCS and
themselves. The policy further states in part, An employee shall live
up to common standards of acceptable work behavior. The following
are considered improper: threatening, attempting or inflicting bodily
injury to another, disrespectful conduct; use of insulting, abusive, or
obscene language to or about other personnel.
b. Medical Center Policy 00-52-13, Workplace Harassment, (October 31,
2013), states that, It is the policy of the Department of Veterans
Affairs (VA) and this health care system that workplace
harassment is unacceptable conduct in the workplace and will
not be condoned. All employees will be provided a work
environment free from all unsolicited and unwelcomed
harassment. The policy also states, Any employee engaging
in workplace harassing activities shall be subject to
disciplinary action.
c. Deputy of Veterans Affairs (VA) Secretarys Equal Employment
Opportunity (EEO) Diversity and Inclusion, and No FEAR Policy
statement which states, Supervisors and employees bear
responsibility in maintaining a work environment free from
discrimination and harassment. ..employees should immediately
report such conduct to their supervisor. If an employee brings an
issue of harassment to a supervisors attention, the supervisor must
promptly investigate the matter and take appropriate and effective
corrective action.
d. Affidavits were obtained from:
1. Amy Payton, Nursing Assistant
2. John W. Mechanic II, AFGE Local President
3. Clarisse Saucier, Motor Vehicle Operator
4. Tammy Beavers, Medical Support Assistant
5. Bruce McClendon, Housekeeping Aid
6. Leo Gruba, Inventory Management Specialist
7. Terri Cooper, Inventory Management
8. Mark Jenkins, Criminal Investigator
9. Vera Lang, Medical Support Assistant
10. Cedahila Pena, Program Support Assistant
11. Joyce Ducey, Program Support Assistant

3. AIB Final Report

What exactly is the adverse event?
The adverse event was that John Mechanic physically attacked and attempted to
sexually assault Amy Payton in the Union office on March 20, 2013.
What were the chain events that resulted in the adverse events?

Purposely scheduled meetings to isolate certain female Union

Members
o Behind closed door (JD stated, other union stewards had to
meet with employees with the door open or out in the open
while JM had the door closed)
JD: When he would meet with the female
employees he would always close his door so no one
could hear or have any knowledge of what he was
doing in that office. (pg. 15-16)
o Secluded offices (Keesler Air Force Base location and trailer
office on campus)
TB: I would ask to come here to the station to his
office, and he wanted to come out there because he
knew that the lady that was in the office with me, she
would leave at 4:30, so he made it a habit to come
there at around 4:30-ish when she leaves, and it
would be dark and late, and he would like for the door
to be closed and always insisted that I sit close to
him. (pg. 13)
o Selective appointment of Union Representative
JD: A person could approach you, you would let the
Chief Steward know and they would say yes or
someone would be assigned. (Pg. 12)
TB: I made it clear to BM I didnt want anybody to
that Union to represent me but you.
BM: And then the other meeting I was I thought I
wasnt even told about the second meeting. (pg. 15)
JM: Basically, its an inexperience new guy, so I said
let me jump in here and I will help you, and we will do
this together. (pg. 68)
Target powerless African American female Union Members
o Troubled work history (disciplinary actions, strained
interpersonal relationship with supervisor, and poor working
relationship with coworkers)
MJ: In several conversations with the VAOIG
investigators, and looking at the totality of the

4. AIB Final Report

circumstances of the case, which is what we do, were

able to formulate kind of a profile. And it appears that
JM preys on single, black females who are in need of
his assistance and preys upon them. (MJ pg. 16)
JD: But he (JM) definitely has a strong preference for
African American female employees. (pg. 12-13)
AP: Many grievances against my last supervisor.
(pg. 7)
o Problem personal issues (divorce, grief, and etc.)
Policy Report: AM related on JM has helped out with
personal things such as fixing her tire and giving her
$100.00 when she needed things for her kids.
TB: After asking personal questions, as far as my
relationship with my ex-husband,.. (pg.7) If I was
still married to my ex-husband that also worked here
at the V.A. (pg. 8)
o Creating atmosphere of dependency relations (lending
money, offering help after hours with personal
responsibilities, contacting late night or on the weekend,
sharing personal cell phone number, and for union members
and officers the sense of JM as the finally authority)
AP: So I had to go to JM because he really start
really seeing what this woman was doing to me.
(pg. 8)
JM: I actually helped her go on USA jobs and fill out
an application and all the relevant information that
USA jobs requires in order to put in for vacancies.
Actions and attitudes of JM drove away creditable union officers
o 2004 JM conduct was reported to AFGE National with reply
of member being disgruntled (JD and LG stated)
Agency policy for detail or reassignment of employees pending
disciplinary action
o JM provide training for detail work assignment
JM: So I told AP, basically I asked her what do you
know about Microsoft Word and Excel. She said a
little bit, not much. I told her if you want you can
come to the office and I will show you a little bit about
it. And then I could tell DS that you know a little bit
about it. With the intent of getting her over there
where she wanted to go. (pg. 40)
o Union Officer identified detail and reassignment position,
department, and etc.

5. AIB Final Report

JM: This is where she preferred to go. So the MAS
assistant chief, DS, I asked her if she had anything
where she could give somebody a temporary
assignment pending investigation. (pg. 40)
Used pending disciplinary action to force submission
o AP force to learn computer skills for detail assignment
o TB indicate JM was the only one able to negotiate the
performance award
MJ discussing TBs interview with him And thats
another one of the I dont know the word I want to
use descriptors that when the predator makes the
prey feel that she theres that sense of
hopelessness, where hes (JM) the only one that can
help. (MJ pgs. 22-23)

Was service leadership or medical center leadership made aware of the

adverse event? If so when?

AP went to EAP and was referred to the EEO Office (specific date
unknown)
On or about April 9, 2013, AP report the event to the EEO Manager
which called Police Service to file a formal report
April 9, 2013, Special Agent JV was contacted by Captain MJ
April 11, 2013 interview of AP was conducted by Captain MJ
May 6, 2013 MJ contact Special Agent JV and told her of possible
additional victims
o

MJ: This is not the first time Ive had to interview JM. Well,
JM has, in essence, lied and fabricated other lies saying that
I have a vendetta against him, which is completely false. He
made this allegation. I was told to back off. (MJ pgs. 10-11)
MJ: The OIG had a meeting with the director and other
members of the medical staff (to discuss setting up a sting
involving AP and JM) It was discovered that the director had
informed JM that he was under investigation by the OIG.
(MJ pg. 11)

Did an error lead to the adverse event?

The perception employees cannot take problems through their

chain of command
o Lack of trust in leadership,
o Employee complaints seen as feverless

6. AIB Final Report

o Union had to be involved
What was the root causes direct or indirect?
Perception of Management failure to follow through on promised
action
Perception Management and supervisors do not care about
employees
Perception of Union being in charge
o AP: We (AP/JM) would go to my bosss boss or to the
assistant director and file these grievances have these
grievances filed. (pg. 8)
o JM: I have done so many EEO cases I cant remember
them all. (pg. 24)
Perception of untouchable employees
o Certain people do what they want and nothing will happen
o Tenured government employees cannot be fired

Did an error and/or root causes involve an inadequate system or

system failure?

EEO Complaint process reeducation for all employees and

various avenue of redress to include face-to-face training
o Employees not fully understanding the EEO complaint
process
JM: There is no way possible, sir, that you can
explain the EEO process to somebody that dont
know anything about it in one or two settings. It is
way too complex. (pg. 24)
AP: And for some reason he always told me it
wasnt an EEO case. So he just kept me in his
just under him. (pg. 9)
Rules and Regulations for Union(s) should be consistently
enforce across the board
o The ability to bend the rule when dealing with different
HR personnel

Was the adverse event preventable?

Proper training and understanding of proper procedure governing

various processes (disciplinary actions, EEO process, avenues of
redress) could potentially avoid such event(s)

Is there a need to redesign the system?

7. AIB Final Report

Yes, various processes should be reviewed by systems redesign to

identify root causes or barriers to access

Was there a failure by leadership to address the adverse event or the

circumstances surrounding the adverse event?

This adverse event cannot be attributed to anything that

management did or did not do, this was nothing but the behavior
of one individual

Are there lessons learned that might be shared with other facilities within
the VISN?

Rules and Regulations for Union(s) should be consistently

enforced across the board
Address complaints and issues related to hostile work
environment timely, which should include any action that needs
to be taken
EEO Complaint process reeducation for all employees and
various avenues of redress to include face-to-face training

4. EXHIBITS: For this investigation all exhibits have been uploaded to a

special access drive which can be accessed from the following link :
\\r02bilhsm01.v16.med.va.gov\specialaccess$\A02-14. Access must be
requested by Quality Management.
5. FINDINGS: The testimony provided by the witnesses is inclusive to lead a
reasonable person to believe that the reported alleged incident did in fact
occur. The Board has determined that this was not sexual misconduct.
Based on the totality of the circumstances, this was a sexual assault.
a. During her testimony, Ms. Payton gave no indication that she was not
being truthful when responding to questions from the Board members.
Although she appeared to be calm with her attorney present, she was
still visibly shaken about the incident. We found her testimony to be
credible.
b. It was noted by all Board members that Mr. Mechanic displayed a very
relaxed, but cavalier attitude about the entire situation. He presented
himself in such a fashion to demonstrate to the Board members that he
was not only in charge of us, but also in control of us. We concluded
that the actions of Mr. Mechanic prior to and on March 20, 2013 were
methodical and premeditated.

8. AIB Final Report

c. Mr. Mechanic used his position of authority to get Ms. Payton in
isolated situations and attempted to take advantage of her. Once
isolated, he would make unwanted advances toward her by touching
and groping her without her permission.
d. When Ms. Payton rebuked his advances, he became angry and began
to verbally and mentally abuse her as time went on. He treated her
and wanted her to feel like she owed him sexual favors as payment for
representing her on various issues.
e. Background information on Mr. Mechanic obtained through testimony
from other witnesses shows that he has a documented history of this
type of behavior. It should be noted that not all incidents of his
behavior have been reported or investigated; this is indicative by the
number of witnesses who gave statements that are unassociated with
this incident.
f. On March 20, 2013, after working with Ms. Payton and assisting her
with various complaints for a couple of years, and having his sexual
advances turned down during that time, Mr. Mechanic became very
agitated with her and attacked her in the Union Office, attempting to
sexually assault her.
g. The attack was a physical altercation with Mr. Mechanic attempting to
pull her pants down. During the ensuing struggle he managed to get
his hands down her pants and into her panties allowing him to touch
her genitals. It should be noted, that at this point, Ms. Payton told the
OIG that he did not penetrate her vagina, but told the Board during the
AIB that he did penetrate her vagina.
h. Ms. Payton managed to get away and reported the incident to the
Employee Assistance Program, who subsequently referred her to
William Hardy, Equal Employment Opportunity Manager. From there,
the VA Police and the OIG began their investigation.
6. CONCLUSIONS: After careful review of all affidavits and evidence, the
Board concludes that the alleged incident was sexual assault and not
sexual misconduct. We also found that there was a failure to follow proper
disciplinary procedures.
Legal Definitions
a. Sexual Misconduct: Conduct of a sexual or indecent nature toward
another person that is accompanied by actual or threatened physical
force or that induces fear, shame, or mental suffering.
b.

Sexual Assault is a criminal offense for which the employee has

committed a crime for which a sentence of imprisonment may be

9. AIB Final Report

imposed. Incidents of this nature should be referred to the proper
authorities or jurisdiction.
Disciplinary Procedures
a. The alleged incident should have been reported to Human Resources
for guidance, advice and counsel, including consultation with Regional
Counsel.
b. Based on the preliminary facts presented by the EEO Manager, this is
considered a criminal offense and by guidance, advice and counsel
from Human Resources, the Crime Provision should have been
invoked. (Please read 5 CFR 752.404 Procedures, (d) Exceptions.
(1) Section 7513(b) of title 5, U.S. Code)
c. Due to the serious nature of this incident, the agency should have
conducted an investigation, not a fact-finding, and then proceeded with
the proper action necessary.
d. Based on the report taken by the EEO Manager and the OIG report,
there was just and sufficient cause for recommending and taking the
proper disciplinary action.
7. RECOMMENDATIONS: The Charter did not task the Board with making
or offering any recommendations.
8. Should you having any questions regarding this report, please contact the
AIB Chairperson, Edward A. Mason, Employee/Labor Relations Specialist
at (989) 497-2500 extension 13075.

EDWARD A. MASON
Employee/Labor Relations Specialist

SHERRON JERNIGAN
Equal Employment Opportunity Manager

JAMES P. MORAN
Engineering Service, Tractor Operator