Table Of Content[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
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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
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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.
