[dl S. Hrg. 108-652 ALLEGATIONS OF SEXUAL ASSAULT AT THE U.S. AIR FORCE ACADEMY Y 4.AR 5/3:S.HRG.108-652 Allegations of Sexual Assault A HEARINGS BEFORE THE COMMITTEE ON AKMED SERVICES UNITED STATES SENATE ONE HUNDRED EIGHTH CONGRESS FIRST SESSION MARCH 31; SEPTEMBER 24, 30, 2003 Printed for the use of the Committee on Armed Services SUPERINTENDENT OF DOCUMENTS DEPOSITORY DEC 1 7 2004 BOSTON PUBLIC LIBRARY GOVERNMENTDOCUMENTSOEPT S. Hrg. 108-652 ALLEGATIONS OF SEXUAL ASSAULT AT THE U.S. AIR FORCE ACADEMY HEARINGS BEFORE THE COMMITTEE ON ARMED SERVICES UNITED STATES SENATE ONE HUNDRED EIGHTH CONGRESS FIRST SESSION MARCH 31; SEPTEMBER 24, 30, 2003 Printed for the use of the Committee on Armed Services U.S. GOVERNMENT PRINTING OFFICE 89-536PDF WASHINGTON 2004 : ForsalebytheSuperintendentofDocuments,U.S.GovernmentPrintingOffice Internet:bookstore.gpo.gov Phone:tollfree(866)512-1800;DCarea(202)512-1800 Fax:(202)512-2250 Mail:StopSSOP,Washington,DC20402-0001 COMMITTEE ON ARMED SERVICES JOHN WARNER, Virginia, Chairman JOHN McCAIN, Arizona CARL LEVIN, Michigan JAMES M. INHOFE, Oklahoma EDWARD M. KENNEDY, Massachusetts PAT ROBERTS, Kansas ROBERT C, BYRD, West Virginia WAYNE ALLARD, Colorado JOSEPH I. LIEBERMAN, Connecticut JEFF SESSIONS, Alabama JACK REED, Rhode Island SUSAN M. COLLINS, Maine DANIEL K. AKAKA, Hawaii JOHN ENSIGN, Nevada BILL NELSON, Florida JAMES M. TALENT, Missouri E. BENJAMIN NELSON, Nebraska SAXBY CHAMBLISS, Georgia MARK DAYTON, Minnesota LINDSEY O. GRAHAM, South Carolina EVAN BAYH, Indiana ELIZABETH DOLE, North Carolina HILLARY RODHAM CLINTON, New York JOHN CORNYN, Texas MARK PRYOR, Arkansas Judith A. Ansley, StaffDirector Richard D. DeBobes, Democratic StaffDirector (II) CONTENTS CHRONOLOGICAL LIST OF WITNESSES The U.S. Air Force Investigation into Allegations of Sexual Assault at THE U.S. Air Force Academy MARCH 31, 2003 Page Roche, Hon. James G., Secretary of the Air Force; Accompanied by Hon. MaryWalker, General Counsel, United StatesAir Force 12 Jumper, Gen. John P., ChiefofStaff, United States AirForce 16 Report of the Panel to Review Sexual Misconduct Allegations at the United States Air Force Academy september 24, 2003 Fowler, Hon. Tillie K., Chairman, The Panel to Review Sexual Misconduct Allegations at the United States Air Force Academy; Accompanied by Panel Members: Lt. Gen. Josiah Bunting III, USA [Ret.], Anita M. Carpenter; Laura L. Miller, Ph.D.; Maj. Gen. Michael J. Nardotti, Jr., USA [Ret.]; Col. John W. Ripley, USMC [Ret.]; and Sally L. Satel, M.D 65 Investigations into Allegations of Sexual Assault at the United States Air Force Academy september 30, 2003 Roche, Hon. James G., Secretary ofthe Air Force 265 Jumper, Gen. John P., USAF, ChiefofStaff, United States Air Force 274 Walker, Hon. MaryL., General Counsel, Department oftheAirForce 276 (HI) THE AIR FORCE INVESTIGATION INTO U.S. ALLEGATIONS OF SEXUAL ASSAULT AT THE AIR FORCE ACADEMY AND RELATED U.S. RECOMMENDATIONS MONDAY, MARCH 31, 2003 U.S. Senate, Committee on Armed Services, Washington, DC. The committee met, pursuant to notice, at 4:05 p.m., in room SH-216, Hart Senate Office Building, Senator John Warner (chair- man) presiding. Committee members present: Senators Warner, McCain, Allard, Collins, Chambliss, Levin, Reed, Dayton, Clinton, and Pryor. Committee staff members present: Judith A. Ansley, staff direc- tor; and Cindy Pearson, assistant chiefclerk and security manager. Majority staff members present: Charles W. Alsup, professional staff member; Gregory T. Kiley, professional staff member; Patricia L. Lewis, professional staffmember; Scott W. Stucky, general coun- sel; and Richard F. Walsh, counsel. Minority staffmembers present: Richard D. DeBobes, Democratic staff director; Gerald J. Leeling, minority counsel; and Peter K. Le- vine, minority counsel. Staff assistants present: Michael N. Berger; Jennifer Key; and Nicholas W. West. Committee members' assistants present: Christopher J. Paul, as- sistant to Senator McCain; Douglas Flanders and Jayson Roehl, as- sistants to Senator Allard; James P. Dohoney, Jr., assistant to Sen- ator Collins; Clyde A. Taylor IV, assistant to Senator Chambliss; Elizabeth King, assistant to Senator Reed; William Todd Houchins, assistant to Senator Dayton; Andrew Shapiro, assistant to Senator Clinton; and Andy York, assistant to Senator Pryor. OPENING STATEMENT OF SENATOR JOHN WARNER, CHAIRMAN Chairman Warner. Good afternoon, gentlemen. We welcome our witnesses today. Given the importance ofthis hearing, the Chair offers to all Sen- ators present an opportunity to make an opening statement. I will proceed with mine to be followed by Senator Levin, and then other colleagues. We meet today to receive testimony on the U.S. Air Force inves- tigation into allegations ofsexual assault at the Air Force Academy and related recommendations, which I understand the Secretary (1) and the Chief of Staff are prepared to share with the committee in open session today. I want to start by recognizing the contribution by our colleague, Senator Allard. He has done noble effort in this case, bringing to the attention of the Senate and, indeed, the Department of De- fense, the serious and disturbing allegations at the United States Air Force Academy. Since January of this year, Senator Allard and his staff have provided an open line of communication for young women, present and former cadets at the Academy, and their fami- lies, to bring information forward on this incident, series of inci- dents. He has also ensured that the investigative efforts underway, both Air Force and Department of Defense Inspector General (DODIG), will be fully responsive to these concerns. Throughout the proceedings, I have joined with Senator Allard in sending a number of letters to the Department of Defense and in meeting with Pentagon officials, indeed the Secretary and the Chief ofStaffon a number ofoccasions. So I compliment you, Senator, for your work in this matter thus far and your continued interest. On being informed by Senator Allard some 8 weeks ago of the allegations of sexual assault at the Air Force Academy, Secretary Roche then assembled a team of investigators, led by the Air Force General Counsel, to review the Air Force Academy's command cli- mate and pertinent policies and procedures regarding the handling ofsexual assault cases. The Air Force IG and also the DODIG were asked to review individual cases and conduct interviews and fact finding. I believe that Secretary Roche and General Jumper reacted very quickly to the expressions of congressional concern they received and they have made, and are making determined efforts to obtain all relevant information and to provide this committee and Con- gress as a whole with their current recommendations as to how to prevent a reoccurrence ofthese allegations in the future. We were, as a committee, promised a complete report on the Air Force General Counsel's investigation by today, 31 March. We are now informed it will be forthcoming shortly. In early February, I contacted Charlie Abell, the Deputy Under Secretary of Defense for Personnel and Readiness, and asked that he monitor the progress of the Air Force investigation and ensure the U.S. Military Academy and U.S. Naval Academy policies and historical data were also evaluated; in other words, all three acad- emies. That is predicated on my own experience when in the De- partment of Defense. If we had a problem at one academy, we shared it with the Secretaries of the other military departments and the Chiefs of Staff. Then that way we worked to ensure that there was no spreading of the problem elsewhere, the sharing of the benefit, if there are any to be derived, from these incidents to preclude it in the future at all three academies. Additionally, Senator Allard and I, along with Senator Collins, in her capacity as Chair of the Governmental Affairs Committee, con- tacted Joseph Schmitz, the Department of Defense Inspector Gen- eral, requesting that he participate in the investigation and ensure an independent review ofthe Air Force efforts. I have been pleased, Secretary Roche, with your response to these initiatives, and your cooperation with OSD and the DODIG in ensuring a complete and thorough investigation. Based on the facts received to date by the members of this com- mittee, there appears to be an attitude towards women cadets by successive commanders at the Air Force Academy, which attitude fails to recognize fairly and properly allegations and concerns which in good faith were repeatedly brought to the attention ofthe various officers in charge by female cadets. Some facts give rise to the conclusion that a climate existed that was actually hostile to female cadets. Some facts provide a basis to support a conclusion that the promise of a safe and secure living and working environment for female cadets and, in some instances, female visitors to the Academy, was undermined. The seriousness ofthis case is a direct result ofhow long this cli- mate of inaction has persisted. Following the abuses of the Navy Tailhook Association Symposium in 1991, following the sexual abuse of female recruits at the Army's base at Aberdeen in 1996, following determined efforts by DOD and all Services to correct these problems, there is a legitimate question as to why the leader- ship of the Air Force Academy allowed these situations to persist, given that background. Approximately 8 years ago, in 1995, Department ofthe Air Force leadership did recognize the potential for problems with regard to sexual har—assment and sent the follow—ing message to all Air Force commands this was by the Secretary "Any conduct, in any unit, which creates a disadvantage based on race, ethnicity, or gender will not be tolerated. Malicious or inappropriate behavior as well as different training standards cannot be permitted. Any indica- tions that such behavior is occurring within a unit will prompt an immediate investigation. Those responsible for such action as well as commanders who fail to correct these problems will be held ac- countable." The question before this committee, the question before the American public, is why this message was not heeded by subse- quent leaders at the Air Force Academy? Every Member of Con- gress, all 535, are proud to work diligently in encouraging young women to seek nominations to the Air Force Academy. The con- cerns in Congress are not just before the oversight committees, such as this one, but in the minds and the hearts of every single member ofthe United States Congress. While we await the outcome of investigations into these allega- tions of alleged criminal behavior, we also await the Department ofthe Air Force actions with respect to accountability for those who have failed in command and allowed an environment in which such behavior was tolerated. I repeat the last sentence of the 1995 message from the former Secretary of the Air Force and former Chief of Staff of the Air Force in their message, "Those responsible for such action as well as commanders who fail to correct these problems will be held ac- countable." I draw the attention ofour witnesses. Secretary Roche, the Chief, to the quote in your press release of just a few days ago, March 26, and I quote it, "As the problems regarding sexual assault alle- gations predate the current leadership, we do not hold Generals Dallager or Gilbert responsible." I pose two questions: Is this quote consistent with the Air Force message of 1995? How could Department of the Air Force leader- ship have reached this conclusion here on March 26th prior to the completion ofany ofthe three ongoing investigations? In a press conference last week, Secretary Roche, you likened your actions in removing four senior officers at the Academy to a corporation merely bringing in its own leadership team. With all due respect, sir, the Air Force is not a corporation, and what is at issue here are time-honored principles of military leadership and accountability, and whether or not they were applied. These principles demand a deliberate, critical examination, and an appropriate measure ofaccountability, when a command fails in some key aspect of its mission, particularly when personnel charged to a commander's care have been harmed. This committee and the men and women of the Air Force expect these principles to be applied in this case, and for commanders to be held account- able for any failures ofcommand. Reserving judgment in these matters until the Air Force IG and DODIG complete their investigations would have been, in my own experience, the more prudent and appropriate course of action for the leadership ofthis department. With respect to the response ofthis committee, more fact finding and analysis is necessary in order to determine whether the actions taken, or not taken by the Superintendent, Commandant, and their subordinates, were in keeping with the high, time-honored stand- ards ofcommand. In the meantime, our focus today and in the future must prop- erly be on changing the culture at the Air Force Academy so that the young women currently in the Cadet Wing, and those entering the Academy this summer, can be assured that all cadets, men and women, will have a safe environment in which to pursue their hopes and dreams ofbecoming Air Force officers. Senator Levin. STATEMENT OF SENATOR CARL LEVIN Senator Levin. Thank you, Mr. Chairman. First, let me thank and commend you and Senator Allard for your continued leader- ship and your strong involvement in the critical issue that is before us today. Sexual misconduct at the Air Force Academy is tragically not a new issue, as our Chairman has pointed out. Following a series of reported rapes in 1993, Lieutenant General Brad Hosmer, who was then the Superintendent, said, "We have a problem at the Air Force Academy. This problem has existed for some time." His comments are very similar to Secretary Roche's public com- ments about the allegations now under investigation. General Hosmer attempted to deal with the problem by instituting pro- grams to educate cadets on the conduct expected ofmilitary officers and by changing reporting requirements to encourage cadets to re- port sexual assaults. Despite these measures, the Academy re- ceived 13 more reports of sexual assault during the next 8 months.