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Austin Fire Department chief changed harassment punishment

Chief won't offer explanation for calling incident "horseplay" after the AFD labeled it as gender harassment.

AUSTIN, Texas — The fire chief said the case in question was only horseplay, but that's not how others see it.

Think of two of the worst words you could say to a woman.

Back in October, a male firefighter said them both to a female firefighter right after an anti-harassment training.

The Austin Fire Department investigated and found that it was gender harassment.

It's what happened next that has the mayor pro tem, a gender harassment expert, and firefighters asking "why?"

"For no reason whatever, Captain Scarcliff lobs a tired old sexist stereotyping remark asking me if I'd rather talk about hair, makeup or clothes," Captain Christine Jones said.

Captain Jones recalled what happened last October after she had just reviewed anti-harassment policies with a group of firefighters at the Roy Butler Training Facility in East Austin.

"He proceeded again with more tired sexist remarks about how women should be doing the cleaning, should be doing the dusting," Captain Jones said.

It was the last comment Captain Roger Scarcliff made that upset Captain Jones so much, she eventually filed a complaint.

He said, "and tomorrow she's going to teach us a class on the difference between a b**** and a w****."

"I was very upset," Captain Jones said. "I ended up crying in the bathroom stall, and I was sitting there thinking, 'Here I am, a 20-year captain and I still end up crying in the bathroom stall. This is crazy.'"

RELATED: Austin firefighter opens up for the first time after being filmed in fire station bathroom

On December 10, AFD's Professional Standards Office investigated and found that Captain Scarcliff was discourteous to a fellow employee, and violated department rules.

The memo also said "AFD will not tolerate harassment targeting a person's gender," sustaining Captain Jones's allegation of gender harassment.

About a month later, Austin Fire Chief Joel Baker issued a disciplinary memo for Captain Scarcliff.

Chief Baker wrote Captain Scarcliff "did not act with malice or with the intent to discriminate against Captain Jones due to her gender, but rather, I believe this behavior is more appropriately characterized as horseplay."

Captain Scarcliff received one day off, instead of a harsher punishment.

"All Austin firefighters deserve to know why Chief Baker determined this was not gender harassment," Captain Jones said. "I think we deserve to know if the city manager agrees with him?"

Twice, KVUE requested on camera interviews with both Chief Baker and city manager Spencer Cronk. Both times, their spokespersons told us they don't speak about personnel issues.

But that doesn't sit well with the other people we interviewed for this story.

"It's just so outrageous," Christine Williams, a professor of sociology at the University of Texas, said.

Williams has specialized in gender discrimination and harassment for the past 35 years.

Williams said public safety agencies answer to taxpayers.

"These public workplaces are accountable to the public," Williams said. "We rely on our first responders, but we also expect certain quality of behavior coming from them."

Williams said that means city leaders should answer questions.

"Maybe the chief doesn't want to talk about an individual personnel issue,"  Williams said. "I understand that, but they should be talking about what steps they are taking to address this."

One city leader who did talk is Mayor Pro Tem Delia Garza.

Mayor Pro Tem Garza is a former Austin firefighter and worked with Captain Jones.

Mayor Pro Tem Garza is disappointed with both Chief Baker and city manager Cronk.

"I do wish that they would have taken the opportunity to explain the discipline, because there are just more questions now," Mayor Pro Tem Garza said. "Not knowing what the context was. Not knowing why that decision was made and it's important as city leaders we are transparent."

"It seems Chief Baker is not very evolved in his thought process on dealing with gender harassment cases," Bob Nicks, president of the Austin Firefighters Association, said.

Nicks said his new chief missed out on the perfect opportunity to send a message to a department that harassment in the workplace will no longer be tolerated.

Captain Jones and several other female firefighters have tried to ask Chief Baker why he changed the Professional Standards Office's findings of gender harassment.

Chief Baker told them what he told KVUE: he doesn't discuss personnel issues.

Click here for a look at the AFD Professional Standards Office's findings, where they sustained Roger Scarcliff's actions as gender harassment.

Click here for a look at Fire Chief Baker's decision to unsustain that finding.

r ale MEMoRaNDUM TO: yates Dero Seni i: FROM: Jo GB ie Ci = DATE: mn 1,209 SUBJECT: Temporary Suspension of Fire Captain Roger Searclift Professional Standards Office Case Number 18-111 Pursuant to the provisions of Chapter 143 of the Texas Local Government Code, Section 143,052, and Rule 10, Rules of Procedure for the Firefighters', Police Offices', and Emergency Medial Services Pesonnel Civil Servite Commission, I have temporary suspended Fire Captain Roger ee peviod of one (1) day.

    

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