Investigator says state senator did not ‘upskirt’ staffer

An internal legislative investigation has concluded that Sen. David Wilson, R-Wasilla, did not sexually harass a legislative staffer in a June incident but did put her into an “uncomfortable situation” that was a “stressful, no-win predicament.”

A redacted version of the report, dated Nov. 30, was released Tuesday after a unanimous vote of the Senate Rules Committee. Members of the Democratic Senate Minority voted for its release alongside members of the Senate’s predominately Republican majority, of which Wilson is a member.

The investigation was conducted by Skiff Lobaugh, the human resources director of the nonpartisan Legislative Affairs Agency. It began in November, after Jeff Landfield, an Anchorage blogger and former political candidate, reported that Wilson placed his phone between the legs of a skirted staffer while attempting to record a closed-door meeting.

The incident was witnessed by the Empire and by a reporter from KTVA, as well as others.

According to the Empire’s recollection, written five months after the June incident, Wilson approached the doors leading to the meeting room reserved for the Speaker of the House. At the time, a closed-door meeting of the House Majority caucus was taking place as lawmakers tried to avert a statewide government shutdown.

Wilson pressed his ear against the door, apparently joking that he was listening in.

The staffer interrupted Wilson and asked him to stop. The staffer walked between Wilson and the door and physically blocked him from approaching the door.

Wilson brought out his cellphone and either recorded or pretended to record audio through the door. According to the Empire’s recollection, Wilson reached his phone through the staffer’s legs to access the door.

A security camera video showed otherwise, Lobaugh wrote.

According to video footage, Wilson lowered his cellphone to the height of the skirt’s hemline and about one to two feet away from the skirt. Wilson did not touch the skirt or the staffer, and the phone was lowered for four seconds. After the staffer spoke up, he left the area.

The staffer did not want to talk about the incident at the time, and she did not file a complaint. She never alleged the incident amounted to sexual harassment.

Independent verification of the video is impossible without a court order. The rules set by the Legislative Council explicitly prohibit security camera video from the Capitol from release to the public.

Lobaugh concluded that Wilson’s actions “did not fit the definition of hostile work environment sexual harassment,” and did not violate the policies set by the Legislative Council, which sets the rules for the Alaska Legislature.

While the incident didn’t violate the law, Lobaugh found that the incident was extraordinarily uncomfortable for the staffer because of “the unequal status, in the legislative workplace, of legislative staff and legislators.”

Legislators cannot be easily removed from their jobs, but staffers serve at will and can be fired without cause.

“In that climate there is extra pressure on employees to refrain from reporting or objecting to conduct they may perceive as inappropriate,” Lobaugh wrote.

Since knowledge of the June incident became widespread, the Legislature has assigned a subcommittee to drafting new policies for dealing with the reporting of workplace harassment.

Wilson held a press conference last week in Anchorage, after he had been told of the report’s conclusions, but before the report was released to the public.

“I hope we can give people the benefit of the doubt before we rush to judgment. I have continuously denied these appalling allegations that are being peddled about me. It did not happen,” he said at the time.

In his report, Lobaugh concluded that the incident and subsequent investigation are “unlikely to have a signficant negative effect” on the staffer involved in the incident, because the staffer doesn’t interact regularly with Wilson.

The staffer disagrees with that assessment.

“I never asked for this to be investigated and never accused Sen. Wilson of anything, yet, somehow in some people’s minds, I’m to blame for this,” the staffer told the Empire. “This has been a pretty horrible experience from start to finish.”

In a separate matter also decided Tuesday, the state’s Office of Special Prosecutions declined to charge Wilson for slapping a reporter in the Capitol.

DV.load(“https://www.documentcloud.org/documents/4327211-Investigatory-Report-for-Incident-June-15-2c.js”, {
responsive: true,
height: 700,
container: “#DV-viewer-4327211-Investigatory-Report-for-Incident-June-15-2c”
});

Investigatory Report for Incident June 15%2c 2017 Redacted (PDF)

Investigatory Report for Incident June 15%2c 2017 Redacted (Text)


• Contact reporter James Brooks at james.k.brooks@juneauempire.com or call 523-2258.


More in News

(Juneau Empire file photo)
Aurora forecast through the week of Nov. 10

These forecasts are courtesy of the University of Alaska Fairbanks’ Geophysical Institute… Continue reading

Students arrive at Thunder Mountain Middle School on the first day of school Thursday, Aug. 15. The school now houses all students in grades 7-8, who were in two middle schools last year, and the students at Thunder Mountain last year when it was a high school have been consolidated into Juneau-Douglas High School: Yadaa.at Kalé. (Laurie Craig / Juneau Empire file photo)
Report: 11 high school fights during first quarter of school year, up from 3 each of past two years

Consolidation seen as possible factor; middle school incidents more typical compared to recent years

People gather outside Resurrection Lutheran Church as it hosts its weekly food pantry on Tuesday afternoon. (Mark Sabbatini / Juneau Empire)
Resurrection Lutheran Church leadership dispute intensifies with accusations of assault, theft, sabotage

Pastor removed, lawsuit lingers as competing groups try to continue worship services, food pantry.

Nick Begich, center, the Republican candidate for Alaska’s lone U.S. House seat, talks with supporters during a meet-and-greet Oct. 12 at the Southeast Alaska Real Estate office near the Nugget Mall. (Mark Sabbatini / Juneau Empire file photo)
Updated vote counts show Begich, repeal of ranked choice voting likely to prevail

Most ballots uncounted on Election Day have now been tallied, with final results due Nov. 20.

Letters of support are posted to the window of the Kachemak Bay Family Planning Clinic on Tuesday, Nov. 12, 2024, following a shooting incident on Monday, Nov. 11 at 5:45 a.m. in Homer. (Delcenia Cosman/Homer News)
Man arrested for three shooting incidents at reproductive clinic, recovery organization in Homer

Kachemak Bay Family Planning Clinic was targeted twice Monday, suspect cites “religious beliefs.”

A sign welcomes visitors to Hoonah on Aug. 7, 2021 just outside the Icy Strait cruise ship port. (James Brooks/Alaska Beacon)
State commission approves new Xunaa Borough government in northern Southeast Alaska

Area would include Hoonah and much of Glacier Bay National Park, exclude three nearby small towns.

Juneau Assembly Member Ella Adkison (center) helps state Sen. Jesse Kiehl load donated groceries into a van on Saturday during a food drive at Super Bear IGA Supermarket hosted by the Juneau Central Labor Council. (Mark Sabbatini / Juneau Empire)
Nonprofits say need is high as collections for annual Thanksgiving events approach

Food bank, other agencies say number of people seeking help is rising due to cost, other factors.

(Michael Penn / Juneau Empire file photo)
Police calls for Saturday, Nov. 10, 2024

This report contains public information from law enforcement and public safety agencies.

Gov. Mike Dunleavy poses with then-President Donald Trump during a refueling stop by Air Force One at Joint Base Elmendorf-Richardson in February of 2019. (Official White House photo)
Update: Dunleavy and Dahlstrom plan, cancel live Tuesday night announcement as Trump post for governor rumored

Dunleavy being considered for Interior secretary; also backs Trump on eliminating Dept. of Education

Most Read