ARIZONA

Arizona's Don Shooter's 'pattern' of sexually harassing women detailed

Dustin Gardiner Yvonne Wingett Sanchez
The Republic | azcentral.com
On Jan. 9, Rep. Don Shooter, R-Yuma, apologized to fellow lawmakers and lobbyists on the floor of the House of Representatives.

Corrections & Clarifications: An earlier version of this story gave an incorrect title for Adam Stevens. In 2016, he was a House candidate. 

An investigation into sexual-harassment allegations against Arizona Rep. Don Shooter found “credible evidence” that he behaved inappropriately toward women — and it includes new, corroborated accusations.

The highly-anticipated investigative report, released Tuesday, led House Speaker J.D. Mesnard to permanently and immediately remove Shooter from his House committee assignments, which include Appropriations and Education.

Mesnard, R-Chandler, stopped short of calling for Shooter's expulsion from the House.

He said he informed Shooter of the punishment Tuesday and said Shooter was not “skipping for joy” about the punishment because he thought it was too severe.

The report graphically details lewd language and actions from Shooter, a powerful Republican lawmaker from Yuma, who has openly behaved in a crass manner, but did so unchecked by his peers for years.

READ:The full report

According to the report, "His repeated pervasive conduct has created a hostile working environment for his colleagues and those with business before the Legislature."

Shooter responded with a prepared statement, thanking his colleagues "for their patience and professionalism" during the nearly three-month investigation, which has cast a dark shadow over the Capitol.

He did not address specific allegations in the report, which he said he is still reviewing, and gave no indication that he would step down.

"With so much at stake for so many, (the investigators') task was no doubt challenging. ... This has been a humbling and eye-opening experience for me," he wrote.

"I look forward to working to repair relationships and to serving my constituents in our great state.”

The findings in the report span more than 80 pages. The review was led by attorneys Craig Morgan and Lindsay Hesketh of the law firm Sherman & Howard.

The three-month investigation included interviews with about 40 Capitol insiders — including lawmakers, lobbyists and staffers — about allegations of misconduct.

The results of this investigation follow an Arizona Republic report based on interviews with about 40 people that described a coarse sexist environment at the Capitol that's bigger than Shooter and that can foster a dismissive attitude and, at times, sexual harassment toward women.

No move to expel Shooter — for now

Mesnard said he intends to introduce a resolution on the House floor Thursday to censure Shooter for his behavior, a reprimand that will be part of the chamber’s historical record.

But the speaker did not call for Shooter’s expulsion from the House of Representatives, though he said he would move to expel him if the inappropriate behavior continues.

Removing Shooter would require a two-thirds vote of the House, and any member of the House could propose an expulsion.

Mesnard said he is aiming to instill public trust in the House of Representatives.

“As the speaker of the House, I’m tasked with the credibility of this institution and its professionalism. I’m doing everything in my power as speaker … to try to instill confidence in this institution,” he said.

Arizona Speaker of the House J.D. Mesnard speaks during a news conference to announce his decision to suspend Rep. Don Shooter as chairman of the House Appropriations Committee on Nov. 10, 2017, at the State Capitol in Phoenix.

Mesnard said he will make other changes to improve the House’s institutional culture. He said he will propose adding a rule that requires a "formal behavioral code of conduct for all members," as well as a human-resources department for the chamber

Furthermore, Mesnard said he will ban alcohol consumption on House premises while he is speaker. Shooter is known for holding after-hours parties in his office that frequently include alcohol.

In the report, investigators concluded that there is "credible evidence" that Shooter violated the chamber's policy that deals with harassment, discrimination and hostile work environment with his behavior toward multiple women.

They described a "pattern of conduct" that started when he first took office as a state senator in 2011 and continued until as recently as last year.

Mesnard launched the inquiry in early November, after women publicly accused Shooter of inappropriate behavior.

Prior to the report's release, seven women had publicly accused Shooter of making sexually charged comments, touching them inappropriately or making unwanted sexual advances.

Shooter's list of accusers includes Mi-Ai Parrish, the former president and publisher of The Arizona Republic and azcentral.com; three state lawmakers; a Democratic lobbyist; and a former intern for the Capitol Times.

More women described similar interactions with Shooter but declined to publicly reveal their names.

Ugenti-Rita, Shooter’s first accuser, questioned

The first woman to publicly accuse Shooter was Rep. Michelle Ugenti-Rita, R-Scottsdale. Shooter responded by accusing her of having an inappropriate relationship with a legislative staff member and making a comment about masturbation in a public hearing, which was recorded on video.

Investigators said there is no “independent, credible evidence” that Ugenti-Rita violated the House’s harassment policy.

State Sen. Michelle Ugenti-Rita.

In October, Ugenti-Rita posted a public letter on social media stating that she had been harassed by male lawmakers and faced retaliation for reporting her experience.

Ugenti-Rita said she was motivated to speak out by the #metoo movement, a national campaign to call attention to sexual harassment and assault by often-powerful individuals.

After initially declining to name any alleged harassers, Ugenti-Rita said in a Twitter post on Nov. 7 that Shooter had harassed her repeatedly.

Investigators described the relationship between Ugenti-Rita and Shooter as initially friendly, though she said she viewed him as a “pervy old man.” Other lawmakers and Capitol insiders told investigators that both were known for having “humor laced with sexual overtones.”

But Ugenti-Rita said the collegial relationship between Shooter and herself soon a took an uncomfortable turn, according to the report.

In a 2011 incident, Ugenti-Rita said she told legislators attending a meeting of the liberty caucus that she needed to leave early to breastfeed her infant child. She alleges Shooter replied: “That’s one lucky baby. I wish I was that baby.”

The report states Shooter could not recall making the comment.

However, investigators concluded, the incident didn’t violate the House’s harassment policy given others lawmakers said Shooter and Ugenti-Rita had a friendly banter — one that often involved sexual jokes —at the time.

In another incident, Ugenti-Rita told investigators that Shooter asked her if her breasts “were real or fake.” She said Shooter made the comment when he stopped by her Capitol office in the spring of 2012.

Shooter denied that the incident occurred, but Ugenti-Rita gave investigators recordings that she said documented her reaction to the comments at the time. Investigators concluded that Shooter had made “unwelcome sexualized comments” that violated the House’s harassment policy.

In total, Ugenti-Rita told investigators about 11 instances where, she alleged, Shooter acted inappropriately toward here. They determined that four of those instances could be corroborated and constituted violations of the harassment policy.

But the report also questioned Ugenti-Rita’s own credibility, doubting some statements that could not be corroborated and suggesting she also has a reputation for making sexually-charged jokes. It brought to light disturbing behavior by her fiance, Brian Townsend, a longtime Capitol insider and lobbyist.

Investigators talked to two people who described three incidents involving “unsolicited, sexually explicit communications” from Townsend.

Investigators concluded Ugenti-Rita did not know about the communications because she was “visibly distraught” when asked by investigators about them. Townsend took “complete ownership for the alleged conduct and (explained) that he acted in this manner to hurt and humiliate her.”

When interviewed about the communications, Townsend trembled, became emotional and said it would “be the ‘death knell’ in his career and relationship” with Ugenti-Rita.

Neither Ugenti-Rita nor Townsend responded to the newspaper's request for comment.

Multiple women accuse Shooter

While investigators questioned Ugenti-RIta and Townsend’s credibility in some instances, they substantiated the stories of multiple other women who accused Shooter of harassment or inappropriate behavior.

Among the report’s findings:

Mi-Ai Parrish

Mi-Ai Parrish, the former president and publisher of The Arizona Republic and azcentral.com, told investigators about a comment she said Shooter made in March 2016. During a meeting with her and the newspaper’s attorney, she said, Shooter talked about how he's an independent thinker and has done everything on his "bucket list," except one thing. When Parrish asked Shooter what he hadn't done on his list, she wrote he responded: “Those Asian twins in Mexico.”

Parrish, who is Korean-American, told investigators the comment was unacceptable.

Shooter said he did not recall making the comment but has no reason to doubt that he did, according to the report. Investigators concluded that the comment violated the House’s policy and was degrading toward her because of her race and sex.

Parrish left the newspaper in January to take an endowed faculty chair position at Arizona State University's Walter Cronkite School of Journalism and Mass Communication.

On Tuesday evening, Parrish said she was glad House leadership responded by stripping Shooter of his appropriations chairmanship.

“Clearly they’re taking action, and I appreciate that,” Parrish said. “It takes time for cultures to change, for environments to change. They’re responding to the concerns that have been expressed.”

Adam Stevens

In 2016, Shooter brought up the then-election for the speaker of the House to a Republican candidate for the state House. Shooter said he was going to be elected by his peers as the next speaker.

When the candidate, Adam Stevens, asked how he knew he would win, given his competition, which included Rep. Darin Mitchell, Shooter said he would take Mitchell “into a bathroom” and perform anal sex and make his wife watch, “and do it until Mr. Mitchell loved Mr. Shooter and would vote for him.”

Stevens told investigators Shooter made “air humping” movements while talking.

Investigators concluded Shooter “made these awful comments.”

Though the comments were deemed “inappropriate, unwelcome, and/or humiliating — and correctly so, Mr. Shooter did not make these comments directly to the Mitchells, or, as far as we can ascertain, for their personal consideration.”

Given the scope of the investigation, Shooter did not violate the House policy with those remarks.

Rep. Wenona Benally

Rep. Wenona Benally, D-Window Rock, overheard Shooter make a reference to his penis to another legislator inside the House Members' Lounge. While doing so, she recalled he patted his upper thigh, near his groin, saying, “I like to keep it under my desk.” The other lawmaker laughed and responded that he did not “swing” that way.

“Ms. Benally stated that she felt invisible and stunned,” even though his comments were not directed at her.

“She wondered how two male colleagues could have this conversation in front of her, and was shocked that Mr. Shooter was talking about his penis in front of her,” the reports stated.

Shooter acknowledged he “probably” talked about his private parts.

Investigators determined the incident occurred but did not violate House policy, and that Benally herself initially said she did not think Shooter’s remarks amounted to sexual harassment.

Investigators also found it credible that some people at the House “have a deep-rooted misogynistic attitude,” a perception outside of the scope of the investigation.

Tara Zika

Tara Zika, a business development director at risk-management firm Ashton Tiffany, alleged that during an August 2017 conference Shooter, at various times, remarked about her legs, her rear end and blew her a kiss.

Investigators found there was credible evidence to support that Shooter “made a crass and inappropriate comment comparing Ms. Zika’s backside to ‘bobcats in a tote sack,' ” in the bar of a hotel lobby. They did not find evidence to corroborate her other accusations.

His comment about her backside violated the House policy designed to prevent discrimination and conduct that contributed to a hostile work environment, the report states.

Amy Love

Amy Love, a lobbyist for the Arizona Supreme Court, told investigators that after Shooter canceled on her three times, a colleague told her that Shooter needed to see her in person so he would take a meeting with her.

“The message was clear to Ms. Love that, if Mr. Shooter saw her, he would stop cancelling the meetings, because he would find her physically attractive,” the report states.

In 2013, when Shooter was a senator, Love waited for him to walk out of a meeting and then asked if he had a moment to talk.

“He peered behind himself, and looked her up and down twice while saying, ‘Absolutely’ in a slow, exaggerated manner.”

During another meeting days later in Shooter’s office, Love grew emotional and began to cry. Shooter told her to “calm down,” and that she was “killing me with those big brown eyes.”

He got up from a chair and moved to the side of his desk, near where Love was still sitting. She said he told her not to bring along a male colleague in the future.

“Mr. Shooter told her not to bring any guys with her and that he would only meet with her,” the report states. “He then said something to the effect of, ‘I’m a sucker for the pretty ladies. Everyone else around here thinks it. I’m the only one who has the balls to say it.’ "

During that last remark, the report says, “he grabbed his entire crotch, and then shook it. Ms. Love said she could see the outline of his genital area.”

Investigators found Love’s story credible and concluded Shooter’s actions violated House policy.

Rep. Athena Salman

Rep. Athena Salman, D-Tempe, told investigators that she met Shooter shortly after joining the Legislature in January 2017. She said Shooter told her she "would be a nice view to look at."

She said she found the comment unsettling. Shooter acknowledged making a similar comment, though he said it wasn’t intended to be sexual, according to the report. Investigators concluded Shooter’s comment violated House policy.

Read the full sexual-harassment investigation report:

Reach the reporters at dustin.gardiner@arizonarepublic.com and yvonne.wingett@arizonarepublic.com or follow them on Twitter @dustingardiner and @yvonnewingett.

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