(C) Wisconsin Watch This story was originally published by Wisconsin Watch and is unaltered. . . . . . . . . . . Sweeping investigation into sexual misconduct in Wisconsin National Guard could trigger overhaul [1] [] Date: 2019-12-05 Molly Beck, Katelyn Ferral and Patrick Marley MADISON - Federal investigators have completed a sweeping investigation into how the Wisconsin National Guard handles allegations of sexual assault and harassment among its ranks — a review that will soon be made public and could trigger major changes within the Guard. Gov. Tony Evers said Thursday that within days he will make public the findings of a seven-month investigation by National Guard Bureau’s Office of Complex Investigations into whether the Guard allowed sexual predators to go unchecked and retaliated against victims. The governor said he will then announce next steps to “ensure that our men and women in uniform work in an environment free from sexual assault, sexual harassment and retaliation.” The results of the investigation, called for by Evers and U.S. Sen. Tammy Baldin in April, come just days after The Capital Times revealed federal investigators conducting the review believe guard officials’ response to sexual assault allegations were “an absolute train wreck.” In the wake of the report, GOP Senate Majority Leader Scott Fitzgerald promised changes and said Evers, a Democrat, must respond to the issue. “It is the responsibility of the Department of Military Affairs to keep the brave men and women serving our state safe,” Fitzgerald said in his statement. “Clearly changes must be made.” Evers and Baldwin requested the review after a series of complaints from Army and Air Force National Guard members in the state alleging that investigations were conducted improperly, largely kept in-house and that those who reported problems faced retribution. The report includes findings of in-depth interviews with 78 Wisconsin National Guard staff, a review of more than 1,100 documents and visits to 10 military installations statewide. The bureau conducting the investigation is a federal administrative agency run by the U.S. Army and U.S. Air Force that oversees National Guards units nationwide. In a letter to legislative leaders from both parties, Evers said his office had received the report on Nov. 25 and has held it until Adjutant General Donald Dunbar could be reached and briefed on its findings. Dunbar was in Afghanistan over Thanksgiving and is slated to be briefed on the report on Saturday, according to Evers spokeswoman Melissa Baldauff. One federal investigator said that the state’s attempt to prosecute a soldier for sexual assault through its military justice process was “not the only case that was a train wreck in the Wisconsin National Guard,” according to an audio recording of the interview obtained by the Capital Times. The federal investigation was called for after allegations were also made by Master Sgt. Jay Ellis in which he accused Air Force National Guard leadership of retaliation and poorly handled allegations. Baldwin asked for a review by Air Force leaders in November 2018. Around the same time, the Wisconsin National Guard sought to put in writing an agreement with the state Department of Justice that allows the department to handle investigations of allegations of sexual misconduct instead of federal authorities outside the state. In October 2018, then-Attorney General Brad Schimel signed an agreement to get those federal authorities “off the back” of the Guard’s chief, an email from his top aide shows. The email from Delanie Breuer, Schimel’s chief of staff, was obtained by reporters Thursday, just after federal investigators completed their investigation. “The purpose of the (agreement) is mainly to get the federal National Guard Bureau off the back of (Dunbar) – (the National Guard Bureau) is currently stepping in on all investigations that don’t otherwise have a neutral third party,” Breuer wrote in a Sept. 13, 2018, email to her boss. “It basically spells out what (DOJ) would already do ... It’s just putting it in writing for (Dunbar),” she wrote. The DOJ agreed in writing to make available investigators to the Wisconsin National Guard to review such allegations. Earlier this year, a Guard spokesman said all reports made by victims who want an investigation are first referred to local law enforcement. In the 2018 email, Breuer said the purpose of the agreement was to keep the National Guard Bureau out of state investigations and would not add any new responsibilities to the department. She said the agreement was just putting practice into writing. “I’m hoping if I keep doing him favors, I’ll get a ride on an F-35,” Breuer joked about Dunbar to her boss. Breuer, who left DOJ after Schimel lost his re-election bid, said Thursday the agreement was meant to codify what DOJ was already doing and to meet requirements set by the National Guard Bureau. She said that the bureau requested the agreement be in writing. "DOJ took all sexual assault complaints seriously, and was not aware of any cases happening at (Department of Military Affairs) unless they were referred to DOJ," she said. Schimel, now a Waukesha County Circuit Court judge, did not respond Thursday to a voicemail with questions about the email. He was in court throughout the day. Gillian Drummond, a DOJ spokeswoman, said as of Thursday that the Guard has not referred any cases to the agency since the agreement was reached. Drummond said Attorney General Josh Kaul, who took office in 2019, believes that all sexual assault and harassment allegations must be taken seriously and that the email did not reflect his viewpoint of the agreement. "Wisconsin Department of Justice has been waiting to revisit the (agreement) with the Wisconsin National Guard pending the results of the federal investigation," she said. A spokesman for the Guard did not immediately respond to emailed questions. Legislative leaders have been invited to a Monday briefing on the report. In a four-page letter to Fitzgerald in March, Dunbar defended the Guard's policies and procedures. "The Wisconsin National Guard has taken numerous steps in recent years to protect service members and to prevent assault or harassment from taking place," Dunbar wrote to Fitzgerald. "We have also made it a priority to investigate allegations and, when those allegations are substantiated, prosecute and punish offenders." Dunbar said the Guard has a zero-tolerance policy and that "our leaders work actively to foster a culture of trust that encourages reporting and seeks to ensure that victims feel comfortable coming forward." Fitzgerald, R-Juneau, in February asked Dunbar for a review of policies and possible changes to improve the Guard's procedures after he met with a female soldier in January who said she was harassed by a fellow soldier who wasn't punished. Fitzgerald said then he still has concerns following Dunbar's response. Wisconsin National Guard spokesman Capt. Joe Trovato said in March the Guard "takes all allegations of sexual assault, harassment or misconduct seriously, and eliminating it from our ranks has long been one of our organization’s top priorities." Trovato said the Guard has a "robust program focused on protecting victims" and will provide the National Guard Bureau's Office of Complex Investigations with any information they request. This report was produced by Molly Beck of the Milwaukee Journal Sentinel, Katelyn Ferral of The Capital Times and Patrick Marley of the Milwaukee Journal Sentinel. Ferral, a public affairs and investigative reporter for the Cap Times, is examining sexual assaults in the National Guard system and how they are handled during a nine-month O’Brien Fellowship in Public Service Journalism at Marquette University. Beck and Marley are state government reporters for the Journal Sentinel. This story, and others, is being co-published by the Journal Sentinel, which is a partner in the effort. Marquette University and administrators of the program played no role in the reporting, editing or presentation of this project. Contact Molly Beck at molly.beck@jrn.com, Katelyn Ferral at kferral@madison.com and patrick.marley@jrn.com. [END] --- [1] Url: https://www.jsonline.com/story/news/politics/2019/12/05/tony-evers-release-findings-investigation-into-guards-handling-sexual-assault-harassment/2618947001/ Published and (C) by Wisconsin Watch Content appears here under this condition or license: Creative Commons BY-ND 4.0 Intl. via Magical.Fish Gopher News Feeds: gopher://magical.fish/1/feeds/news/wisconsinwatch/