THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, July 23, 1994 TAG: 9407230207
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY KERRY DEROCHI, STAFF WRITER
LENGTH: Medium: 98 lines
A Navy lawyer who claims Adm. Henry H. Mauz Jr. mishandled her complaint of sexual harassment has asked a Senate committee to block the admiral from retiring at a four-star rank.
In a letter to the Senate Armed Services Committee, Lt. Darlene Simmons accused Mauz of failing to act on her behalf despite Navy reports that substantiated her harassment claim.
``I believe Adm. Mauz has perpetuated the discrimination against women in the U.S. Navy with his failure to take swift and tough action against sexual harassment,'' Simmons wrote in the letter.
``One who is derelict in the performance of his duty should not be rewarded for extraordinary service.''
Mauz, the commander in chief of the Atlantic Fleet, denied the allegations Friday and said he was stunned when he learned of them.
``The letter had absolutely no basis in fact, '' Mauz said in an interview at Norfolk Naval Base. ``Disparaging remarks are not well received by anybody. In this case, they're patently untrue.''
Simmons' complaint, sent July 8 to U.S. Sen. Strom Thurmond, R-S.C., is the third to surface in three months regarding the Navy brass's handling of sexual harassment cases.
In April, former Chief of Naval Operations Frank B. Kelso II narrowly won a Senate battle to retain his four-star rank and pension after questions were raised over his handling of the Tailhook controversy.
Pentagon officials last month were forced to withdraw the nomination of Adm. Stanley R. Arthur to command U.S. forces in the Pacific because of a dispute over whether the Navy had unfairly ousted a female helicopter pilot.
Whether or not the Senate committee takes action against Mauz, the complaint has delayed his retirement until the allegation is studied.
The full Senate will have final say on whether Mauz is allowed to retire at his four-star level or whether it is reduced to two stars. The decision could mean a difference of $1,275 a month in his pension.
If Mauz retires at a four-star level, he will receive $6,890 a month, or $82,680 a year. If he is retired at two stars, his pay will be about $67,400.
Simmons' claim is one of two filed against Mauz by the Government Accountability Project, a Washington-based watchdog group. The second involves the case of Senior Chief Petty Officer George R. Taylor, who claims Mauz had him arrested in retaliation for blowing the whistle on alleged improprieties at the Bermuda Naval Station.
In December 1992, Taylor described the station as a playground for admirals and senators. The Navy denied the allegations but later restricted use of the station.
``In our view, this is about accountability,'' said Jeffrey Ruch, an attorney who represents both Simmons and the petty officer. ``They were concerned that basically he would end his career with plaudits, when as far as they were concerned his conduct has been questionable.''
Mauz called the allegations ``a lie.''
``The significance of this story is two people have in a cooperative effort written these letters to the Senate to bring discredit to the United States Navy and to me personally,'' Mauz said. ``I think it is unfortunate and uncalled for.
``There seems to be a pattern here which is troubling. It is especially troubling because we live our lives personally and professionally to a high code of integrity. We tell the truth.''
The case against Mauz could turn on the words of Simmons, 39, a lawyer at the Mayport Naval Station near Jacksonville, Fla.
Her complaint stems from a May 1992 incident when she was stationed on the submarine tender Canopus. The ship's administrative officer began harassing her by sending her letters and making comments about her appearance.
Simmons filed a complaint against him with the ship's commanding officer. Her complaint was substantiated and a nonpunitive letter was issued.
But things didn't get any better on the tender, Simmons would later testify before Congress. She became, she said, a target.
In her letter to the Senate committee, Simmons blamed Mauz.
``Adm. Mauz intentionally allowed sexual harassment, retaliation and reprisal by senior officers in my command to go unchecked,'' Simmons wrote.
But Mauz, in Friday's interview, disputed Simmons' story.
He said when he first learned of the complaint in October 1992, he quickly dispatched Cmdr. Cathleen A. Miller, an aide in charge of women's policy, to King's Bay, Ga., to investigate.
When he later learned that Simmons believed a poor fitness report was in retribution for her harassment claim, he contacted commanders in the submarine community and asked them to review it. The fitness report was changed for the better.
``I don't know what I did wrong,'' Mauz said. ``I bent over backwards to intercede on her behalf.''
Mauz's account was backed up by Miller, who has defended him to the Senate committee.
In a July 16 letter, Miller, who helped write the Navy's guidelines on sexual harassment, praised the admiral for taking an active role in the Simmons case. ILLUSTRATION: Color photo
Adm. Henry H. Mauz Jr.
KEYWORDS: SEXUAL HARASSMENT RETIREMENT by CNB