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Falcicchio initially agreed to be interviewed by the a sexual harassment officer with the mayor's office on April 12, but he canceled nine days before.
WASHINGTON — After four months of investigation, D.C. Mayor Muriel Bowser's Office of Legal Counsel has released a report about sexual harassment allegations made against former Deputy Mayor and Chief of Staff John Falcicchio.
The report states that he engaged in five instances of unwanted physical sexual advances in 2020.
The investigation began after the Director of the Mayor’s Office of Legal Counsel (MOLC) received a letter from the representatives of an Office of the Deputy Mayor for Planning and Economic Development (DMPED) employee on March 29. The letter made allegations of sexual harassment against Falcicchio.
A MOLC Sexual Harassment Officer (SHO), assigned to the investigation, conducted a total of 18 interviews with 13 people, which included both current and former District employees. These individuals were identified as possibly having knowledge related to the complainant’s allegations.
Falcicchio initially agreed to be interviewed on April 12, but he canceled nine days before. He also declined the SHO's later offer to address the allegations through an interview or written inquiry, the report says.
In addition, the SHO also reviewed the complainant’s documents, including hundreds of emails, and any corresponding attachments as a part of the investigation. After completing the investigation, the SHO the findings were sent to the MOLC Director and Deputy Director.
Here's the details on the findings:
- Allegation One: The complainant alleges that in 2020, four different times, the Falcicchio made unwelcomed, physical, sexual advances towards her while she was in his apartment at his direction for work related reasons. A fifth unwanted sexual advance, in the same year, was at a different location outside of work hours.
- Finding: The allegation that Falcicchio engaged in physical sexual advances as alleged is substantiated.
- Allegation Two: In 2020, it is alleged that Falcicchio sent her flirtatious messages and asked her personal questions about her romantic life to manipulate her into feeling comfortable with him. It's also noted that the repeated attention was unwanted and intended to make her less resistant to his sexual advances.
- Finding: The allegation that Falcicchio engaged in unwanted, flirtatious messages and asked personal questions about her romantic relationships to gain her trust is substantiated.
- Allegation Three: The complainant alleged that he retaliated against her for denying sexual advances by reducing her duties and responsibilities; ruining her professional reputation; and treating her and another employee in a hostile way.
- Finding: The investigation was unable to substantiate the allegation. The SHO was unable to determine that the four alleged actions rose to the level of a materially adverse action or could dissuade a reasonable employee from making a charge of discrimination.
- Allegation Four: The complainant alleged that a senior staffer at DMPED treated her unprofessionally by not including her on emails, not responding to emails sent by her, giving her a low evaluation score, and belittling or cutting her off in meetings. She stated that this was done at the request of Falcicchio.
- Finding: While the SHO found that there was some evidence suggesting that the DMPED staffer treated her in an unprofessional manner, the record did not substantiate that this treatment was due to Falcicchio or rose to an actionable level.
According to the report, in conclusion, the substantiated allegations against Falcicchio more likely than not constituted sexual harassment as defined and prohibited by Mayor’s Order 2017-313, as well as the newly amended D.C. Human Rights Act.
The SHO has recommended improving the District’s policies and procedures to ensure the District takes proactive steps to prevent sexual harassment and to encourage reporting so that future issues may be addressed in a timely and appropriate manner.
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