Whistleblowers accuse VA execs of sexual harassment, one claims retaliation

For months, NBC10 has been following an investigation into sexual harassment allegations against executives in the Department of Veterans Affairs who are responsible for protecting veterans and VA employees outside of their own office from that very same behavior.

Now, in an NBC10 exclusive, the two whistleblowers who reported the incidents – including one who says she is being punished by the VA for doing so -- are speaking publicly for the first time.

One of the whistleblowers, who we are naming “Joy” in order to protect her identity, told NBC10 that Archie L. Davis III, the Chief of Staff within the VA’s Office of Resolution Management, Diversity & Inclusion (ORMDI), sent one of her co-workers sexually explicit text messages that were so graphic that she could barely repeat the words. 

“It was very concerning to me that a management official at his level would want to be so bold as to send her those types of text messages and porn,” Joy told NBC10. “These are the people who are in charge of preventing sexual harassment and they’re totally violating the process. They’re totally negating their obligations to enforce proactive and meaningful measures to stop and prevent sexual harassment in the workplace.”

After her co-worker told her about the text messages, Joy forwarded the texts to her supervisor, a woman who we are calling “Grace,” in September 2023.

Joy and Grace then reported the incident to their superiors and Congress.

“I have never seen a case where someone sends messages, text messages, porn, pornography to an employee subordinate,” Grace said.

Their report led to Mike Bost, the Republican Chairman of the House Veterans Affairs Committee, which oversees the VA, ordering an investigation of ORMDI. Bost sent a letter on Sept. 29, 2023, to VA Secretary Dennis McDonough, asking him if he was aware of the allegations.

“I have no independent recollection of reading the letter or having knowledge of harassment at ORMDI,” McDonough said during a congressional hearing on Feb. 14.  

McDonough admitted that the letter was put in the back of his file and he didn’t learn about the allegations until November 2023 when Bost called him directly. McDonough also cooperated with the VA’s Office of Accountability and Whistleblower Protection investigation which led to a 125-page report.

“The report confirms much of what the whistleblowers shared with us,” Bost said. “That VA ORMDI is full of misconduct to the highest degree that is unacceptable.”

McDonough said during the congressional hearing that the VA would take “appropriate disciplinary action.” The VA proposed Davis’ removal and no less than a suspension for Gary Richardson, another executive in the same office, for “inappropriate conduct of a sexual nature” toward the same victim.

Richardson is accused of sending the victim offensive instant messages back in 2021 and making offensive remarks on Microsoft Teams.  

The report also recommended that Jeffrey Mayo, the VA’s Principal Deputy Assistant Secretary, receive training in regards to management’s duty to take action upon being notified of sexual harassment allegations.

The VA’s report recommended disciplinary action against Grace too, for her handling of the harassment allegations against Richardson. 

“It didn’t warrant,” Grace said. “It can’t justify a removal.”

The VA sent a letter saying Grace was being removed for “intentionally failing to take prompt and appropriate action” after first learning about Richardson’s alleged conduct.

Grace said she followed policy and took appropriate action after learning about the allegations against Richardson in 2021, however. She believes she is being punished by the VA for reporting the accusations against Davis to Congress. 

“But the removal is because they’re retaliating against me,” Grace said. “Because I reported. I reported it to Congress.”

Grace is now appealing the VA’s decision and has filed a response.

“The harassers have the same penalty I have,” Grace said. “A removal. The same penalty.”

NBC10 reached out to both Davis and Richardson. Neither man has responded to our request for an interview.

Davis has already been reassigned. The VA has not disclosed Richardson’s status however.

NBC10 also asked the VA if Grace would lose her job. Terrence Hayes, the VA press secretary, sent NBC10 the following response: 

“After a thorough and independent investigation, disciplinary action has been proposed for several employees who have been charged with various improper conduct, including (1) neglect of duty; (2) conduct unbecoming of a supervisory employee; (3) failure to follow supervisory instructions; and (4) improper disclosure of private information. VA is also undertaking actions to recoup the bonuses received by some employees,” Hayes wrote.  

“VA has treated the allegations of sexual harassment and improper personal relationships within ORMDI with seriousness and conducted a thorough investigation. Now VA is taking swift and appropriate actions. VA does not tolerate sexual harassment of any Veteran or VA employee. We are committed to ensuring a safe, welcoming, and harassment-free environment for all employees at VA.” 

The investigation into the handling of the allegations against Davis and Richardson comes amid a recent push to protect whistleblowers following the death by suicide of Boeing whistleblower John Barnett.

The Department of Justice also recently announced the start of a program that will provide reward money for whistleblowers to report corporate corruption.

The nonprofit group Whistleblowers of America said those changes are long overdue and it’s working on proposed legislation with both sides of the aisle that would provide funding for mental health support and pro bono legal counsel for whistleblowers.