Rhee Conducted "Damage Control" in Response to Allegations of Fiance's Sexual Misconduct

A disagreement between Republican legislators and President Obama over the firing of a federal inspector general has ensnared DC Public Schools Chancellor Michelle Rhee. According to a report issued by Senator Charles Grassley and Representative Darrell Issa, Rhee conducted "damage control" concerning charges that her now fiance Kevin Johnson had engaged in inappropriate sexual conduct with AmeriCorps volunteers. In addition, when Rhee learned of one allegation, she said she would make it her number one priority and take care of the situation.

The volunteers' charges were included in a criminal referral by Corporation for National & Community Service IG Gerald Walpin, but ultimately dropped as part of a deal between Johnson and the United States Attorney. Walpin was subsequently fired by Obama, an act that Republicans have charged was a political favor to Johnson.

Walpin had conducted an investigation of the St. HOPE Academy, a non-profit community development corporation established by Johnson that operates charter schools and an AmeriCorps program called Hood Corps. In August 2008, Walpin made a referral for criminal and civil prosecution of Johnson and another St. HOPE employee. The primary focus of the referral was the misuse of federal funds. Walpin charged that Johnson had wrongly converted funds to personal use and for the use of others. The referral also detailed three cases of inappropriate sexual conduct by Johnson involving AmeriCorps volunteers. As a result of Walpin's investigation, Johnson became ineligible to receive federal grants. Subsequently, Johnson was elected mayor of Sacramento and it was feared that the ban would endanger Sacramento's eligibility for federal funds. Then, in April 2009, The US Attorney settled all civil claims with an agreement by St. HOPE to repay half of the $847,673 in AmeriCorps funds it had received. The sexual misconduct charges where not addressed.

It has long been reported that Rhee served on the board of St. HOPE. Indeed, Johnson appeared at her confirmation hearing and praised her for her work at the organization. However, documents released with the Grassley/Issa report suggest that Rhee's involvement was much deeper than generally understood. Jacqueline Wong-Hernandez who served as a recruitment advisor at St. HOPE was interviewed as part of the Walpin investigation. According to Wong-Hernandez, Rhee led the panel that had originally conducted Wong-Hernandez's employment interview. When hired, Wong-Hernandez was told she would report to Rhee. According to Wong-Hernandez, Rhee held several titles within St. HOPE. In addition to being a board member, Rhee was a consultant for the New Teacher Project (the organization previously led by Rhee), a consultant for the reconstruction bridge span, and a consultant for the reconstruction of the HR department. A memo described Rhee as chief operating officer for St. HOPE Academy and an organization chart listed Rhee as president. Wong-Hernandez further reported that when Rhee was in town, she used Johnson's office. Rhee played the role of "Damage Control". "When there was a problem at St. HOPE, Ms. Rhee was there the next day taking care of the problem." In addition, The Los Angeles Times reports that Rhee had several conversations with Walpin during his investigation. She reportedly told Walpin that Johnson was "a good guy"

Charges of sexual misconduct are nothing new to Kevin Johnson. In 1995, while a member of the Phoenix Suns basketball team, a 16 year old girl alleged that Johnson had fondled her. The Phoenix police recorded a phone conversation during which Johnson apologized (while not completely agreeing with the details of the incident). The Sacramento Bee reported that it had received a proposed settlement agreement under which Johnson would have paid the girl's family $230,000. However, Johnson was not prosecuted in the case.

In 2007, Erik Jones, a teacher at Sacramento High Charter School, told Sacramento Police that "a female student confided to him that Kevin Johnson had placed his hands on her shoulders, from the rear, and in doing so his hands ended up on the top portion of her breasts." Jones also mentioned a second potential victim who worked for the Hood Corps. However police did not feel a crime had occurred in that instance. When Jones had first reported the allegation involving a minor to school officials, Johnson's personal attorney, Kevin Hiestand, questioned the girl. State law required that authorities be notified immediately of such allegations, but police were not told of the incident until the interview with Jones. When the police finally interviewed the alleged victim, she recanted the story. The alleged victim had also confided in one of her friends. Both the friend and Jones said they were asked by Hiestand to alter their versions of the story. Jones subsequently resigned as a result of the handling of this case. Walpin's referral describes this incident, but inexplicably identifies the alleged victim as an AmeriCorp member rather than a high school student. Walpin also failed to mention that the alleged victim later recanted.

The most detailed account of sexual misconduct -- and the one that involved Rhee -- was reported by an AmeriCorps volunteer. The alleged victim told Walpin's investigators that Johnson had come to her apartment at about midnight in order to review grades she had been entering into a database. Johnson walked into her bedroom and laid down on the bed. The alleged victim sat on the edge of the bed to show Johnson her work and he "layed [sic] down behind me, cupping his body around mine like the letter C." Johnson then placed his hand on her hip, and she got up and left the room. Eventually, Johnson moved from the bedroom to the living room where he slept for the night. In the morning, the alleged victim's roommate discovered Johnson there. A few weeks later, the alleged victim "got up the courage to tell one of my supervisors" and disclosed the incident to Jacqueline Wong-Hernandez. The day after the alleged victim talked to Wong-Hernandez, Johnson approached her and apologized. Johnson's lawyer, Heistand met with her and "basically asked me to keep quiet." Johnson later allegedly offered her $1,000 a month until she left the program, but the alleged victim refused.

The volunteer's story is collaborated by Wong-Hernandez who told investigators that the alleged victim had described inappropriate touching by Johnson. Wong-Hernandez reported the information to the human resources department and later learned that Heistand had contacted the alleged victim. In addition, Wong-Hernandez reported that Johnson had informed her that he had spoken with the alleged victim and "everything was okay between them".

Wong-Hernandez was also contacted by Michelle Rhee to find out what happened between Johnson and the alleged victim. Rhee told Wong-Hernandez that "she was making this her number one priority and she would take care of the situation". Wong-Hernandez later resigned her position and attended an exit interview with Rhee. She told Rhee that her reason for leaving was "due to St. HOPE's handling of the incident". Rhee reportedly documented the interview in her daily planer and thanked Wong-Hernandez for bringing the disorganization of the program to her attention.

It's possible that this incident was the second case that Erik Jones had mentioned to police, but in which police declined to pursue charges. Since the alleged victim was not a minor, no crime would have occurred.

Walpin's referral also includes allegations of inappropriate sexual conduct with another AmeriCorps volunteer. While not described as such in the documents, this alleged victim appears to be the roommate of the woman who reported Johnson's behavior to Wong-Hernandez. This volunteer said "Johnson brushed my leg with his hand" three times and then "flipped up the edge" of her skirt. He also is alleged to have touched her leg on another occasion and to have kissed her on her cheek, brushed up against her, and massaged her shoulders.

The alleged victim was able to confirm the bedroom incident involving Johnson and the other AmeriCorp volunteer to the extent that she found Johnson asleep on the couch of their living room. In addition, the other alleged victim had told her that Johnson had come into her room, laid on the bed and touched her. She also had been told of the offer for $1,000 a month.

For Johnson, this adds up to a lot of smoke and at least some indication of fire. There are two allegations of inappropriate sexual conduct with minors -- the old 1995 case and the case reported by Erik Jones which ended in a recantation. In addition, there are two cases involving AmeriCorps volunteers, one of which is heavily collaborated. However, while these incidents may have exposed Johnson to EEOC actions, they don't seem to reach the level of criminal activities.

With regard to Rhee, a host of troubling questions are raised. As chancellor of DC's Public Schools, how would she deal with an administrator who had twice been accused of inappropriate sexual conduct involving minors (and which in each case his personal attorney had intervened with the alleged victim)? What was Rhee's involvement with the incident that she said she would make her "number one priority"? Does she consider it appropriate for the alleged perpetrator's personal attorney -- rather than the head of human resources, for instance -- to immediately contact the accuser? As head of an organization that employs thousands of people, will Rhee's priority in responding to allegations of sexual misconduct be "damage control"? Will sexual misconduct allegations be approached as legal issues with lawyers dispatched, or personnel issues? Should a victim of sexual misconduct be concerned about intimidation in response to reporting inappropriate behavior, or will such individuals receive support?

Does Rhee agree with Wong-Hernandez's contention that St. HOPE mishandled the AmeriCorps volunteer's accusations? If so, why did Rhee continue working with the organization. If not, why not? Rhee knew that Wong-Hernandez resigned from St. HOPE because of that response. If Rhee supported the response, why didn't she attempt to disabuse Wong-Hernandez of what Rhee would have considered to be a misunderstanding of the situation?

It remains to be seen whether the questions raised by Rhee's involvement with St. HOPE will receive the attention they deserve. So far, Rhee has refused all comment on the situation. The Washington Post has long been supportive of Rhee and, to date, has avoided all coverage of the information provided by the Grassley/Issa report beyond a small blog entry. DC Democrats, regardless of their feelings about Rhee, may not want to get involved in a controversy that is primarily aimed at Barack Obama. Rhee is obviously hoping this will just blow over. Based on developments so far, she may well get her wish.