Council member releases redacted report on former DC deputy mayor's sexual harassment investigations

WASHINGTON - Councilmember Brianne Nadeau released a redacted version of the independent counsel’s review of previous city investigations into sexual harassment complaints against John Falcicchio, the former chief of staff and deputy mayor for planning and economic development.

The review, mandated by legislation introduced by Nadeau and passed unanimously by the Council in July 2023, provides a detailed analysis of earlier investigations and offers policy recommendations for addressing sexual harassment in the D.C. government.

The report, authored by independent counsel from Arnold & Porter Kaye Scholer LLP, reviewed two prior investigations conducted by the Mayor’s Office of Legal Counsel.

It found issues with transparency and independence in these investigations, despite the good-faith efforts of MOLC.

The independent counsel also investigated additional serious allegations and provided policy recommendations for improving the District’s handling of sexual harassment cases.

Nadeau expressed hope that the report will lead to reforms that make future incidents less likely and improve the transparency and effectiveness of the reporting and investigative processes.

"What these women went through is horrific," Nadeau said. "No one should have to suffer like they did, especially at the hands of someone in a position of authority and power."

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The report found that while the MOLC’s Sexual Harassment Officer was well-qualified, she lacked adequate resources and supervision, leading to gaps in the investigation. The independent counsel’s investigation revealed new allegations, including that Falcicchio pursued sexual relationships with subordinates and used the office as his "dating pool."

Although there was no direct evidence of Falcicchio leveraging his positions for sexual or attraction-driven hires, his dual roles raised concerns about the fairness of the District’s hiring practices.

The report concluded with several recommendations, including updating the mayor’s sexual harassment policy, expanding avenues for filing complaints, and establishing qualification standards for sexual harassment officers.

Nadeau emphasized the importance of transparency and trust in ensuring employees feel safe and confident in the reporting process.

The Ward-1 council member's separate legislation, the Sexual Harassment Investigation Integrity Act of 2023, aims to minimize bias in investigations of high-level executive branch employees.

The bill was co-introduced by several council members and includes provisions for independent third-party investigations, a centralized oversight panel, and enhanced training requirements.

"Transparency and trust are essential," Nadeau said. "This report gives the executive and the Council a to-do list to ensure that any future incidents are handled differently and that systems are in place that will better discourage sexual harassment and better respond if it happens."

READ MORE: Report on investigation into former DC deputy mayor's sexual harassment to be released soon

The redacted report, released after the Office of General Counsel for the Council of the District of Columbia redacted identifying information to protect complainants and witnesses, aims to balance transparency with privacy protection.

"My priority was to protect the identities of the complainants," Nadeau said, stressing the importance of maintaining trust while making the report public.

Attorneys Debra Katz and Kayla Morin's client first came forward to report their harassment publicly on March 20, 2023.

Katz and Morin issued a statement regarding the report which validated allegations of sexual harassment by former Deputy Mayor John Falcicchio.

"This OIG report provides additional substantiation for our clients’ claims of sexual harassment by John Falcicchio, as well as noting that his misconduct was not limited to only our clients, but extended more broadly to creating a work environment permeated by fear and intimidation. We learned that Mayor Bowser’s administration failed to protect its employees and that MOLC as an organization failed to respond to and investigate allegations of harassment appropriately.

"The D.C. Government rollout of this report was shameful and allowed rumors and uncertainty to creep into the discourse on this topic for nearly a week," the statement reads. "That someone in the D.C. government or associated with the report would leak it to media, but that nobody would provide Falcicchio’s victims with the report, tells us that City Hall has a long way to go in order to meaningfully change its culture. We want to again express our gratitude and admiration for our brave clients. We are gratified that the report substantiates our clients' allegations of sexual harassment, but are certainly not surprised given the mountain of evidence they provided to the investigators. Unfortunately, the report contains inaccuracies and flat-out false statements about the conduct of the complainants and their counsel. The report also criticizes our clients for taking actions needed to protect themselves, as well as their counsel for protecting them. In 2024, they should know better. That includes actions that our clients felt were needed to protect their job, and later, staying anonymous while going public. They knew that the quickest and most effective way to make an impact and stop Falcicchio from terrorizing his workplace was to go public. Their courage also put pressure on the D.C. Government to change its sexual harassment policy, and we hope that it will help protect more workers going forward."

For further details, the report is available to the public with necessary redactions to protect the privacy of those involved, here.