[House Hearing, 115 Congress] [From the U.S. Government Publishing Office] A REVIEW OF SEXUAL HARASSMENT AND MISCONDUCT IN SCIENCE ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON RESEARCH AND TECHNOLOGY COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS SECOND SESSION __________ FEBRUARY 27, 2018 __________ Serial No. 115-49 __________ Printed for the use of the Committee on Science, Space, and Technology [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Available via the World Wide Web: http://science.house.gov _________ U.S. GOVERNMENT PUBLISHING OFFICE 28-936 PDF WASHINGTON : 2018 COMMITTEE ON SCIENCE, SPACE, AND TECHNOLOGY HON. LAMAR S. SMITH, Texas, Chair FRANK D. LUCAS, Oklahoma EDDIE BERNICE JOHNSON, Texas DANA ROHRABACHER, California ZOE LOFGREN, California MO BROOKS, Alabama DANIEL LIPINSKI, Illinois RANDY HULTGREN, Illinois SUZANNE BONAMICI, Oregon BILL POSEY, Florida AMI BERA, California THOMAS MASSIE, Kentucky ELIZABETH H. ESTY, Connecticut JIM BRIDENSTINE, Oklahoma MARC A. VEASEY, Texas RANDY K. WEBER, Texas DONALD S. BEYER, JR., Virginia STEPHEN KNIGHT, California JACKY ROSEN, Nevada BRIAN BABIN, Texas JERRY MCNERNEY, California BARBARA COMSTOCK, Virginia ED PERLMUTTER, Colorado BARRY LOUDERMILK, Georgia PAUL TONKO, New York RALPH LEE ABRAHAM, Louisiana BILL FOSTER, Illinois DANIEL WEBSTER, Florida MARK TAKANO, California JIM BANKS, Indiana COLLEEN HANABUSA, Hawaii ANDY BIGGS, Arizona CHARLIE CRIST, Florida ROGER W. MARSHALL, Kansas NEAL P. DUNN, Florida CLAY HIGGINS, Louisiana RALPH NORMAN, South Carolina ------ Subcommittee on Research and Technology HON. BARBARA COMSTOCK, Virginia, Chair FRANK D. LUCAS, Oklahoma DANIEL LIPINSKI, Illinois RANDY HULTGREN, Illinois ELIZABETH H. ESTY, Connecticut STEPHEN KNIGHT, California JACKY ROSEN, Nevada RALPH LEE ABRAHAM, Louisiana SUZANNE BONAMICI, Oregon DANIEL WEBSTER, Florida AMI BERA, California JIM BANKS, Indiana DONALD S. BEYER, JR., Virginia ROGER W. MARSHALL, Kansas EDDIE BERNICE JOHNSON, Texas LAMAR S. SMITH, Texas C O N T E N T S February 27, 2018 Page Witness List..................................................... 2 Hearing Charter.................................................. 3 Opening Statements Statement by Representative Barbara Comstock, Chairwoman, Subcommittee on Research and Technology, Committee on Science, Space, and Technology, U.S. House of Representatives........... 4 Written Statement............................................ 7 Statement by Representative Daniel Lipinski, Ranking Member, Subcommittee on Research and Technology, Committee on Science, Space, and Technology, U.S. House of Representatives........... 10 Written Statement............................................ 12 Statement by Representative Lamar S. Smith, Chairman, Committee on Science, Space, and Technology, U.S. House of Representatives................................................ 14 Written Statement............................................ 16 Statement by Representative Eddue Bernice Johnson, Ranking Member, Subcommittee on XX, Committee on Science, Space, and Technology, U.S. House of Representatives...................... Written Statement............................................ 18 Witnesses: Ms. Rhonda Davis, Head, Office of Diversity and Inclusion, National Science Foundation Oral Statement............................................... 21 Written Statement............................................ 23 Dr. Kathryn Clancy, Associate Professor, Department of Anthropology, University of Illinois Oral Statement............................................... 30 Written Statement............................................ 32 Ms. Kristina Larsen, Attorney, Law Office of Kristina K. Larsen Oral Statement............................................... 44 Written Statement............................................ 46 Ms. Christine McEntee, Executive Director, American Geophysical Union Oral Statement............................................... 62 Written Statement............................................ 64 Discussion....................................................... 70 Appendix I: Answers to Post-Hearing Questions Ms. Rhonda Davis, Head, Office of Diversity and Inclusion, National Science Foundation.................................... 94 Dr. Kathryn Clancy, Associate Professor, Department of Anthropology, University of Illinois........................... 98 Ms. Kristina Larsen, Attorney, Law Office of Kristina K. Larsen.. 103 Ms. Christine McEntee, Executive Director, American Geophysical Union.......................................................... 109 A REVIEW OF SEXUAL HARASSMENT AND MISCONDUCT IN SCIENCE ---------- Tuesday, February 27, 2018 House of Representatives, Subcommittee on Research and Technology Committee on Science, Space, and Technology, Washington, D.C. The Subcommittee met, pursuant to call, at 10:08 a.m., in Room 2318 of the Rayburn House Office Building, Hon. Barbara Comstock [Chairwoman of the Subcommittee] presiding. [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Comstock. The Committee on Science, Space, and Technology will come to order. Without objection, the Chair is authorized to declare recesses of the Committee at any time. Good morning, and welcome to today's hearing entitled ``A Review of Sexual Harassment and Misconduct in Science.'' I now recognize myself for five minutes for an opening statement. Imagine being a young astronomer, and your dream of working with one of the most well-renowned astronomers in the world comes true. Then, imagine the horror when the professor you hope will be your mentor, who you've revered, turns out to be your tormentor, a predator. You are in his office and he tries to kiss you. You spur his advances, but later at a work dinner, he puts his hand on your leg and slides it up your thigh under the table. You try to report the behavior, but some at the university are more interested in protecting one of their most powerful and lucrative researchers. This actually happened. This is a real case. It took years for the professor, in this case a professor from Berkeley, to leave. But that young woman left the field of astronomy because of the harassment. Now, imagine if this were your daughter, your sister, your wife, or your mother, driven out of a dream career in a field with lifelong high earning potential. Sexual harassment, abuse of power, and intimidation in the workplace, classroom, or research field site is unacceptable in any situation. Whether it's in Congress, where we've been dealing with this also, or in the fields of science and technology, every worker has a right to a safe work environment, free of harassment, where one can learn and thrive in their environment. Concerns about sexual harassment occur against a backdrop of women continuing to lag in many STEM fields and occupations. Women filled 47 percent of all U.S. jobs in 2015, but hold only 24 percent of STEM jobs. Only 23 percent of women with STEM degrees work in STEM fields. Can sexual harassment have a significant negative impact on the ability of female students and early career researchers to engage in research and to get these high-paying jobs on this path? That's what we want to look at here because we have been working here on this Committee, really on a bipartisan basis on bills where we are trying to get women into that pipeline at a very young age. We have wonderful STEM initiatives going down to preschool to make sure that we are having that kind of gender equity and racial equity. We want to make sure none of these things are going on. So we really appreciate the opportunity to have this hearing today. In this case, you know, with this person with such a prominent researcher in the United States, a quote from somebody in this case said, ``The stakes here couldn't be higher.'' We are working so hard to have gender parity in this field, and when the most prominent person is a routine harasser, it threatens a major objective we have nationally and with that pipeline. So over the last few months, we've had a watershed moment and really tried to open eyes to the systematic harassment and abuse in many different fields and workplaces. What has happened in Hollywood, in the media, and in other industries has opened the floodgates for women and men who have been afraid to speak in the past to come forward about predators in their workplace. I know recently we saw even something in a long story about the modeling industry and young women preyed upon and exploited and really some horrible things going on there. And in the last few months we've worked together, my colleagues and I, to reform the process of reporting sexual harassment in Congress and to create that zero-tolerance environment that we want in all workplaces. Democrats and Republicans, men and women, have been working to change the process so that victims have a safe place to turn and predators are no longer protected by taxpayer dollars or silence. Today is an opportunity to shine a light on how predatory and abusive behavior is affecting or may be affecting the science industry and the response that's going on here and the women who are here today to testify who have been active on the front of really promoting that zero-tolerance. Women in science are particularly vulnerable to harassment and abuse. Powerful scientists who manage large federal grants have enormous influence within universities and exert significant control over the education and training of young scientists. If a Ph.D. student is being harassed by her advisor, what safe avenues does she have for reporting the misconduct without derailing her education and career? How does a university respond to this when an abuser is a rainmaker for the university? And while I would note I have been saying ``her'' in some of these cases, we do understand there could be abuse on both sides of men or women. But as more and more victims come forward, I cannot help but wonder how many brilliant scientists, men or women, and their ideas we have lost in the STEM fields because of this because we know when people are harassed and leave their field, many of them don't return to their field. That is something common that we have seen in the study of harassment. So how many women have given up these good, lifelong, high-earning jobs? When we look at the overall wage gap, how--you know, when--this is particularly a field where we want to make sure women are staying in in this career field. Currently, there are laws and policies in place designed to protect individuals from gender-based discrimination and harassment in education, but we want to make sure the process is working right. Since October, the Science Committee has been investigating--and thank you to our staff who have been working on this--how federal science agencies and universities handle harassment complaints. So far, the Committee has found inconsistency in how different agencies deal with complaints and investigations, unclear policies and procedures that leave victims unsure of where to turn, and institutions more interested in checking the boxes of compliance rather than doing the right thing. A survey by the National Postdoctoral Association found that nearly 30 percent of postdoctoral candidates had experienced sexual harassment. I was pleased to see that, two weeks ago, National Science Foundation Director France Cordova, Dr. Codova, made a strong statement to the science community about zero tolerance. NSF also announced it is taking additional steps towards protecting scientists and students. We are fortunate to have a strong, accomplished woman leading NSF, and I appreciate her shining a light on the problem and acting quickly to respond. I think we all understand we are learning a lot as we go through this process. That certainly has been the case whether it's the media or Hollywood or those of us here in Congress, so we appreciate even though this has been a long-time problem, we are all learning how to deal with it in our different workplaces. So the purpose of this hearing is to learn how science agencies and research institutions are handling current complaints under current law and policies, assess the impact of harassment on women's participation in STEM and advancement, and discuss recommendations for improving the process, as well as the overall culture. Taxpayers spend millions of dollars a year on research and education programs to get young girls and young women interested in STEM. I meet young women eager to go into STEM careers from my district nearly every day. My 3-year-old granddaughter, her favorite place to go every week is the local children's science museum, so we all want to make sure that those little girls who are so excited at 2 and 3, when they step into that science museum, know they have a path in a career forward. I want to guarantee every one of them that they are given those tools. So I really look forward to hearing the testimony of our witnesses, and thank you so much for all that you're doing and for being here today. [The prepared statement of Chairwoman Comstock follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Comstock. And I now recognize the Ranking Member, the gentleman from Illinois, Mr. Lipinski, for his opening statement. Mr. Lipinski. Thank you, Chairwoman Comstock, for holding this hearing, and thank you to our witnesses for being with us this morning to discuss this very important issue. The stories we've been hearing about widespread sexual harassment occurring across different workplaces, industries, and seemingly in every corner of our society are sickening. We must do all we can to fight the scourge of harassment, sexual or otherwise. There is much we need to do as a society to ensure that all individuals are treated with the dignity that they deserve. I'm hopeful that this societal moment in which we are collectively recognizing the scope of this problem will lead to significant real change. I want to thank Chairwoman Comstock for her comments and for her work that she has done here in Congress to help us to better handle and to combat sexual harassment in Congress. Today's hearing is specifically about sexual harassment and misconduct in the sciences. The issue of sexual harassment in the sciences is not new. It's a longstanding problem of mistreatment that violates individuals' dignity and is keeping some of the brightest minds from pursuing their ambitions, and thus impeding the progress of science. It is critical for this Committee and this Congress to find new and better ways to address sexual harassment and misconduct in the sciences. This conversation has taken on a new sense of urgency in recent years due to numerous high-profile revelations involving prominent scientists. Their individual stories have helped to bring this issue to light, and research shows that their experiences are not rare. A survey conducted by one of the panelists here today, Dr. Clancy, revealed that 35 percent of female scientists have experienced some form of harassment. On this Committee, we often talk about encouraging more women to pursue their interest in science. How might a young woman's decision to pursue science be affected when she learns she has a one-in-three chance of being sexually harassed during her career? I look forward to hearing more about this study and research into sexual harassment in the sciences, including the impact on the recruitment, retention, and advancement of women. A major challenge is the low rate of individuals reporting when they are harassed. A 2015 campus climate survey on sexual assault and harassment revealed that only eight percent of victims report their experiences. The most commonly cited reason for students not reporting the harassment was that they did not think anything would be done, and many junior scientists do not report harassment by their more senior colleagues for fear that doing so will negatively impact their careers. There's certainly--I understand from my time in academia and certainly as a--before that as a graduate student, the unevenness and the fear that, you know, everyone has about doing something that's going to damage their career. We cannot effectively address the problem of sexual harassment in science without a better understanding of the scope of the problem. One topic I hope we discussed today is how the reporting systems can be made more accessible and responsive. The National Academies is conducting a study to review the research on the impact of sexual harassment and to identify successful policy interventions. This is an important step to improving our understanding of how best to address sexual harassment to the benefit of individuals and the scientific enterprise as a whole. I look forward to recommendations the study panel will produce and to working with my colleagues on this Committee to implement them. In the meantime, universities, federal science agencies, and scientific societies all have a role to play in creating a more welcoming, safe, and inclusive environment for STEM students and researchers. Fortunately, promising changes are being made. For example, the National Science Foundation has proposed a change to its award terms and conditions, requiring universities to our findings of sexual harassment. NASA recently launched an anti-harassment campaign to assess and improve the training and coordination related to their antiharassment programs. And several scientific societies, including the American Geophysical Union, which is here with us today, have updated their codes of conduct and training programs to prohibit and prevent harassment. As a longtime supporter of women in the workplace, I'm encouraged to see progress being made on this issue. I look forward to a discussion on the additional cultural and structural changes that will foster a safe environment for all students and researchers. We cannot afford to lose another brilliant scientist because she did not feel safe in her lab, but even more important, no one should stand by idly while we have an opportunity to prevent harassment in any context. Thank you, and I yield back the balance of my time. [The prepared statement of Mr. Lipinski follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Comstock. Thank you, Mr. Lipinski. And I thank you for your leadership role on this and for your unique experience because of your background and really understanding this issue. I really appreciate your work. And I now recognize the Chairman of the full Committee for a statement, Mr. Smith. Chairman Smith. Thank you, Madam Chairwoman, and also thank you for taking the initiative and having this hearing. Although federal law prohibits gender discrimination, including sexual harassment, a disturbing number of cases of inappropriate behavior and harassment of women in science occupations and studies have come to light. There must be fair, timely, and consistent procedures for investigating and adjudicating allegations of harassment. Unfortunately, we will hear this morning that such procedures are not always in place and are not uniformly administered. These inconsistencies create an environment where harassment and discrimination goes unchallenged in classrooms, labs, and workplaces. Individuals affected by such misconduct can suffer long-term harm in their education and careers, as well as to their mental and physical well-being. There are broader implications as well. Engaging more young women in STEM studies and STEM careers is essential to meeting our global competitive challenges in science and technology. Despite representing half of college graduates and half of the total U.S. workforce, women account for less than a quarter of America's STEM workforce. In the last few months, the Committee and the full House approved several bipartisan bills aimed at boosting interest in STEM subjects and opportunities among women, our military veterans, and other underrepresented groups. But efforts to boost STEM opportunities for women might be greatly hampered if there is a culture in science that does not respect and support them. It is the responsibility of the science community, universities, and federal science agencies to ensure there is a fair, functioning process under the law in place for harassment complaints and resolutions. It is their responsibility to take steps to ensure that classrooms, laboratories, and workplaces are safe. No taxpayer dollars should be awarded to a university researcher who engages in harassment and inappropriate behavior toward a colleague or a student under their charge. Regardless of the merits of a particular research project, all scientific research is undermined if misconduct is allowed to go unchallenged. And if there is a finding of research or workplace misconduct by a federally funded researcher, that information should be made public so that every research institution, federal agency, and student is aware of the finding. Last month, Ranking Member Johnson and I requested that the Government Accountability Office conduct a full study of federal grant-making agencies' compliance with relevant laws and policies for harassment, how agencies share relevant information, and identification of recommendations for better enforcement. I look forward to that report, in addition to the recommendations from today's witnesses. And I'll yield back. [The prepared statement of Chairman Smith follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] [The prepared statement of Ranking Member Johnson follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Comstock. Now, let me introduce our witnesses. Our first witness today is Ms. Rhonda Davis, Head of the Office of Diversity and Inclusion at the National Science Foundation. Ms. Davis joined NSF in 2010 from the U.S. Department of Agriculture's Office of the Assistant Secretary for Civil Rights, where she served in several positions, including Acting Associate Assistant Secretary for Civil Rights. She holds a master's of science degree in agriculture economics from North Carolina Agriculture and Technical State University and a bachelor's of science and agriculture economics from the University of Arkansas at Pine Bluff. Our second witness today is Dr. Kathryn Clancy, Associate Professor of the Department of Anthropology at the University of Illinois. Dr. Clancy's research integrates life history, evolutionary medicine, and feminist biology to understand how modern environments influence women's health and well-being. She and her colleagues have empirically demonstrated the continued problem of sexual harassment and assault in the field sciences astronomy and planetary science. She also serves on the National Academy of Sciences Committee to address sexual harassment in the sciences. She was named one of Nature's ``10 Most Influential Scientists'' in 2013, and has received local leadership awards from the Girl Scouts and YWCA. She received her PH.D in anthropology from Yale University, and a joint honors bachelor's degree in biological anthropology and women's studies from Harvard University. Ms. Kristina Larsen, our third witness, is an attorney in private practice. She has over 20 years of experience in higher education, human resources, and employment law, including serving as an Assistant Vice Chancellor at a university where she oversaw all aspects of human resources for academic employees. She has represented and advised individuals at numerous universities and academic institutions including UCLA, Stanford, the Smithsonian, Scripps Research Institute, and many more. Ms. Larsen received both a Bachelor of Arts in political science from the University of California San Diego, as well as her juris doctorate from the University of San Diego. Our final witness today is Ms. Christine McEntee, Executive Director of the American Geophysical Union, an international scientific society that represents 60,000 scientists seeking to promote discovery in earth and space science. Previously, Ms. McEntee has held leadership positions at the American Institute of Architects, the American College of Cardiology and its foundation, and the American Hospital Association. She was named CEO Update's ``CEO of the Year'' in 2016 and one of America's top women mentoring leaders. She graduated from Georgetown University and holds a master's degree in health administration. And I would also like to note that Mr. Billy Williams, also from the association--from the union--is also joining us today, and he is a constituent from Leesburg, so we thank you for joining us and for all of your good work. I appreciate you being here. So I now recognize Ms. Davis for five minutes to present her testimony. TESTIMONY OF MS. RHONDA DAVIS, HEAD, OFFICE OF DIVERSITY AND INCLUSION, NATIONAL SCIENCE FOUNDATION Ms. Davis. Good morning, Chairman Smith, Chairwoman Comstock, and Ranking Member Lipinski, and Members of the Subcommittee. I am Rhonda Davis. I'm the National Science Foundation's Office of Diversity and Inclusion Head. Thank you for the invitation to testify on sexual harassment in science and on the steps NSF has taken to ensure equitable and safe access, irrespective of gender or background, to research experiences in the STEM disciplines supported by our agency. NSF does not tolerate sexual harassment of any--or any kind of harassment within the agency at awardee organizations, field sites, or anywhere NSF-funded science and education are conducted. As the primary funding agency of fundamental science and engineer research in the United States, NSF recognized that to enable scientists, engineers, and students to work at the outermost frontiers of knowledge, the agency must be a role model for teamwork, fairness, and equity. That is why, earlier this month, NSF announced new steps to help eliminate sexual harassment from science and engineering. NSF will be proposing a new award term and condition to make it clear when an awardee organization finds that an NSF-funded investigator or coinvestigator has committed sexual harassment, NSF expects to be notified of that finding. Due to the importance of this issue, NSF is making the change a priority and fast-tracking this process. The new award term and condition will go into effect after completion of the Federal Register process, which includes a 60-day public comment period. Once that process is complete, all new awards and funding amendments on existing awards will include the new term and conditions, and all awardees must adhere to it. NSF expects all awardee organizations to establish and maintain clear standards of behavior to ensure a harassment-free workplace. To mine the best ideas, we've also recently instituted a cross agency special task force to examine and collect promising practices and model codes of conduct. We will be using one web portal, NSF.gov/harassment, to make it easier for the research community and the public to access important information. These new steps and resources will complement NSF's title IX compliance program, which we have bolstered in the recent years. Title IX requires schools to take steps to prevent and remedy sex-based harassment. If an institution is suspected of not complying with title IX, NSF and its federal partners may conduct a review of the institution. If an institution is in violation and refuses to take corrective action, their funding can be revoked. Like similar agencies, NSF conducts title IX compliance reviews of at least two funded organizations each year and makes its--these reports publicly available. NSF has also enhanced its training program for internal staff to provide guidance for an employee who may be notified of a title IX matter. In addition, our program offices receive training on sexual harassment during the merit review process training. NSF policies are meant to ensure that the actions of one do not negatively affect the careers of all. It is vitally important that we do not punish innocent award participants. If an awardee adjudicates a sexual harassment case in a way that results in the investigator being unable to fulfill the terms and conditions of his or her award, NSF will act to minimize the impact on others supported by the project, including students and postdocs. NSF is committed to doing everything within our power to help eliminate sexual harassment in science and engineering. NSF accounts for approximately 27 percent of the total federal budget for basic research conducted at U.S. colleges and universities and has been vital to many discoveries that impact our lives and drive the economy. However, we cannot and will not succeed in our mission if we do not eliminate unsafe research environments that upset the whole balance of the science ecosystem, harm our scientists, and impede the very progress of science itself. With the support of this Committee, the research community, and outside experts, NSF will continue to work to eradicate sexual harassment and to eliminate barriers to gender equity in science and engineering. Thank you and I'll be pleased to answer any questions. [The prepared statement of Ms. Davis follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Comstock. Thank you. And I now recognize Dr. Clancy for five minutes to present her testimony. TESTIMONY OF DR. KATHRYN CLANCY, ASSOCIATE PROFESSOR, DEPARTMENT OF ANTHROPOLOGY, UNIVERSITY OF ILLINOIS Dr. Clancy. Thank you, Chairwoman Comstock, and thank you for the opportunity to share my research and expertise with you today, and thank you for taking on such an important topic. I want to start by sharing a bit about what sexual harassment is, how it manifests in the sciences, and what I hope you'll help us do about it. Sexual harassment comes in two main forms: come-ons, which are unwanted sexual advances and sexual coercions; and putdowns, also called gender harassment, nonsexual behaviors that are crude or hostile regarding gender. While the come-ons are the types of behaviors you see in articles about Harvey Weinstein and in sexual harassment trainings, the majority of sexual harassment are in fact the putdowns. These are the kinds of behaviors most women in the workplace have experienced at least once in their lifetimes and many experience every day. The offensive remarks, subtle exclusions, requests to make coffee, yes, but also starting rumors, sabotaging a promotion, or ruining a career. One of the more recent cases of sexual harassment in the sciences is by alleged perpetrator David Marchant, a Boston University geologist who conducted fieldwork in Antarctica. This case involved horrifying and physical gender harassment, blowing volcanic ash into the already snow-blind eyes of a grad student, pushing her down a mountain multiple times, and throwing rocks at her if she dared go to the bathroom. There are a few conditions that make sexual harassment more common in the workplace. When workplaces are male-dominated not just in numbers but in culturally how they behave, sexual harassment happens more. When workplaces demonstrate that they're tolerant of sexual harassment by ignoring reporting, retaliating against reporters, or not sanctioning perpetrators, sexual harassment happens more. In 2016, the EEOC wrote a report that showed that only 1/4 of sexual harassment is reported, and of those who report, 3/4 of them faced retaliation. I study sexual harassment in the sciences because I am a scientist. I care about science, and I'm interested in the ways in which the manifestation of harassment varies by work context. But this is a problem not just of science but of American workplaces. In the sciences, sexual harassment looks like this: women having less access to their advisors, to the materials they need to conduct their research, and withstanding constant questioning of their intelligence and worth. I have stories from my research of sabotaged lab equipment, of intentional safety violations, of rumormongering, and yes, sometimes of sexual assault and rape. What bothers me the most about how it usually looks in science is that we wrap sexual harassment up in this package that we claim is intellectual rigor and meritocracy. It's like we think that rudeness and cruelty are the same thing as being smart without noticing that we direct these cruelties more at women than men, more at women of color than white women, more of sexual minorities than straight folk. We say that asking a nasty question at a colloquium is how we push people to be better scientists. We say when we see an all-male research team that it must just be that the best scientists for the job are all men. We say that the sole woman in a department is the affirmative-action hire. We spent all this taxpayer money supporting recruitment of women to STEM fields and supporting their educations only to lose that money when they are forced out by damaging behaviors. We also lose their diversity of perspectives and thus end up with a flatter, more boring, less complex, and less innovative American science. Too often I've heard that harassment and bad behavior are the price we must pay for star scientists, but are they really doing star science? When I'm writing my papers or analyzing my data on sexual harassment in the sciences, I'm thinking of the victims and the science we've lost. We've lost their ideas; we've lost their perspectives. We scientists do this work because we want to give the best of ourselves to the advancement of science. Women keep trying to give us their best, and we blow ash in their faces and push them down mountains. The way we've tried to fix this problem isn't working. We have decades of evidence to prove it. Let's move away from a culture of compliance and towards a culture of change. Let's convince universities to worry less about litigation and more about legacy. Do you want to be on the right side of history when it comes to how you center victims and how you improve the lives of women? Do you want to be the hub for exciting groundbreaking science? Do you want to be the place everyone wants to work at or the place all women warn each other about? I hope you will join me in encouraging universities and other science workplaces to take a values-into-action approach to eliminating sexual harassment. That means locational, contextual solutions that create respectful and equitable climates for everyone. That means focusing on the behaviors we want to see, not creating fear around the legally actionable ones, and that means creating confidential avenues for women to speak and to be heard. I just want to say one last thing because this testimony is public record and it's important that I say it. In a climate where perpetrators are being centered and where the conversation has been on reporting and speaking up, I want to say today to victims that I see you. I see whether or not you report, whether or not you've been one of my studies. I see when you email me, tweet at me, when you stay silent. I see you and I think of you and I thank you for getting up every day and I derive strength from you. I hope you know how much you mean to those of us who do this work. Thank you. [The prepared statement of Dr. Clancy follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Comstock. Thank you very much. And I now recognize Ms. Larsen. TESTIMONY OF MS. KRISTINA LARSEN, ATTORNEY, LAW OFFICE OF KRISTINA K. LARSEN Ms. Larsen. Thank you. Chairwoman Comstock and Ranking Member Lipinski, thank you so much for having this hearing and for giving me the honor to talk to you today about sexual harassment and misconduct in the sciences. We are all here today because we are committed to the common goal of ensuring that women are able to succeed in STEM fields. Despite our collective efforts, we too often send these brilliant individuals barreling into a brick wall. And this wall is formed by a complex set of conditions, many exacerbated by the decentralized and individualized nature of science and many still inadequately addressed by our current discrimination laws and university policies. Gender-based discrimination and harassment predicated on sex stereotyping remains pervasive in science, yet it is nearly impossible to prove cause and effect because of the incremental ways in which these biases occur and then are laundered through so-called objective evaluation processes which are in turn given great deference by our courts. In addition, with very few checks and balances on individual faculty power, this power is easily abused. Abuse of power takes many forms: bullying, intimidation, spreading rumors, humiliation, changing feedback coupled with unreasonable expectations, just to name a few. Not all of these abusive conducts are considered illegal under our current discrimination laws even though, in my opinion, they are perpetrated because women and underrepresented individuals are more often perceived as safe targets. Even when the conduct is clearly prohibited under title IX, title VI, or title VII, significant problems remain in how these issues are reported and adjudicated. There are too many to talk about here today, but there are three that stand out to me as significantly important in women choosing to leave science or being forced out. The first is confusion over where to get help. The confusing organization of most universities, the splits between administrative functions and academic functions, and the added complications of shared governance make the complexity of finding the right person to help, if there is even one, especially daunting, especially given how many times a woman will be told by someone ``I'll take care of it,'' ``Don't tell anyone else,'' or ``I'll talk to him'' only to have nothing happen except perhaps they will be retaliated against even more. When ineffective processes are highlighted by the media or by faculty, a university often reacts by creating even more places for people to go, which only adds to the confusion. The amount of energy to simultaneously do as much as everybody else, fight back against the abuses you're facing, and try to find someone to help make the abuse stop is time-consuming and emotionally and physically draining. A dedicated legal advocate for those who are targeted for abuse, somebody not affiliated with the university but available to empower an advocate from the very beginning rather than at the end when most attorneys are involved may help shift the substantial power imbalance and reduce that sense of exhaustion, isolation, and betrayal and hopefully lead to quicker resolutions. The second is the secrecy of the proceedings. Without exception, every person I have advised or represented wanted only for the conduct they were experiencing to stop. They don't want to get anyone fired; they are not looking for retribution. They simply want to get on with their work and spare others from facing the same obstacles that they experienced, yet at every step they are encouraged not to formally report, not to disclose what they formally reported to others. The complainant may not be told what the outcome was or, more important for them, what the consequences that will be imposed are. The pressure not to report comes from peers, chairs, deans, even by title IX officers. Some are threatened by the abusers, who will flaunt their power and their money, or by the university's administration, who will almost always have more to fear from the powerful faculty bringing grant money than from the student or more junior faculty. Those targeted for abuse deserve to be able to tell others what happened to them. Under the cloak of secrecy, abusive conduct almost always becomes serial conduct. The third is the harm to the abused even when there is a successful finding. Even in the rare instances where the process has worked and a faculty member is found to have committed a violation of the policy, by the time that happens the complainant is exhausted. They are demoralized, isolated, and behind on their work. Others may have taken advantage of their vulnerability, and many of their peers in the field will fall into two categories: those who sympathize with the abuser because he is a great scientist or a good person and those who avoid her because they're not sure what to say, don't believe her, or wish to stay neutral in what they consider an interpersonal dispute. There is very few obligations to advocate or to rehabilitate the careers of women who have actually suffered this type of abuse, and they are often left entirely on their own to pick up the pieces. It is not hard to see why many of these incredibly smart women choose to take their talents elsewhere into a more supportive setting. For this to change, more resources and peer support needs to be targeted to those who were abused, in addition to the energy put into what the consequences are for the abused--abuser. And I hope that with the help and the leadership from both the funding agencies and the professional societies, we will be able to accomplish that. Thank you very much for your--allowing me to be here today. [The prepared statement of Ms. Larsen follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Comstock. Thank you. And I now recognize Ms. McEntee for five minutes. TESTIMONY OF MS. CHRISTINE MCENTEE, EXECUTIVE DIRECTOR, AMERICAN GEOPHYSICAL UNION Ms. McEntee. Chairs Comstock and Smith, Ranking Members Lipinski and Johnson, and Members of this Committee, thank you so much for inviting the American Geophysical Union to testify on efforts we are taking to address sexual harassment in the scientists--in sciences. AGU is an international scientific society representing 60,000 members from 137 countries, and our mission is to promote discovery in earth and space science for the benefit of humanity. Harassment in academic environments, especially in scientific disciplines with limited diversity, is real and confirmed by research, as you have heard today. Research has also shown that harassment puts scientific careers at risk. The lack of support networks and well-defined resources for reporting and responding to harassment increases the vulnerability of those who have felt harmed and often fear reprisal for reporting. For AGU, this is an issue that cuts close to home. The earth and space sciences typically involve remote field settings. In the field whereas--accepted workplace norms are difficult to enforce. When coupled with a male-dominated environment and power structures, these situations can amplify the problems, making women and underrepresented groups even more vulnerable to harassment. Right now, the earth and space sciences only have 27 percent of the field that is women, more than it was 40 years ago but drastically below the U.S. population as a whole and other STEM disciplines. While women today account for nearly 50 percent of our members under the age of 30, AGU recognizes the need to be more proactive to continue this trend. As a scientific association that represents our members and tries to chart a vision for the future, we have a responsibility to promote a safe, inclusive, and professional environment. A failure to uphold these principles harm scientific credibility, the well-being of individual scientists, and the entire scientific enterprise. AGU first took up the issue of sexual harassment as scientific misconduct in 2015 and 2016 when several cases broke in the news media. As a result of discussions that AGU held with our board and members on harassment and our community, we convened a task force and ultimately in 2017 formally adopted a revised ethics policy. The new language defines harassment, bullying, and discrimination as scientific misconduct and redefines established norms of acceptable scientific behavior. Violations of this policy can now be addressed through professional sanctions such as ineligibility for or loss of honors, awards, and volunteer opportunities and also membership. Our members have voiced their strong support for this new policy, and they have praised us for our efforts. However, this is just a first step in addressing this very serious issue. We commend other scientific societies like the American Astronomical Society and the American Geosciences Institute who have put in place similarly strong policies. We also thank the other members of this panel for their hard work and the National Science Foundation for creating a new policy that we believe will provide a strong incentive for institutions to take sexual harassment seriously. Here are some additional measures we believe will be needed. One, universal policies against sexual harassment with clear and transparent reporting and follow-up procedures with consequences; two, providing an environment in which individuals are free to report and speak out against harassment without fear of retribution; three, smart training beyond that required for legal compliance, training that encourages bystander intervention and culture change rather than resentment and backlash; four, positive approaches such as awards or certifications for those institutions that publicly measure their progress towards positive work environment and gender equity issues. Lastly, legislation can be a powerful incentive and should include both positive and punitive measures to hold harassers accountable and encourage a safer, more inclusive environment for all scientists. We very much appreciate the Committee holding this hearing to understand and address some of the important steps we can collectively take and to bring attention to this critical and important issue. I'm happy to answer any questions you may have and look forward to working with you and your colleagues to put an end to sexual harassment in science. [The prepared statement of Ms. McEntee follows:] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Chairwoman Comstock. Thank you so much. And I thank the witnesses for their very powerful testimony and your very important work. I now recognize myself for five minutes for questions. Dr. Clancy, you talked about the victims and the science we've lost, and that's so powerful and you seeing those people and giving them a voice and knowing the work you're doing. One of the things that we are doing in Congress is having a workplace survey. What type of workplace surveys have you found to be most effective? I talked to a woman who implemented policies in the Navy that actually dramatically reduced things, and they really went in and thoroughly looked at first the whole culture everyone was kind of swimming in, both the workplace but then, you know, for them it was a base. You know they went to restaurants, they went to the bars, they went to the dorms, everywhere where people were to understand--and understanding they're very young people often, which is something you have in the situation with young scientists. The military has it. We have it here in Congress. How can we intervene before these things happen, and what are some of the policies you've found have been the most aggressive in prevention? Dr. Clancy. Sure. I mean that's a great question. I think that there are a number of ways that you can go at this sort of depending on the context. Like you pointed out, you know, when you have a bunch of young people together or when you're thinking about a military context versus, say, an astronomical observatory versus, you know, a field--an anthropology field school, there are different contexts that actually have to be considered. So the most important thing is to make sure that you're involving a subject matter expert in the creation of the survey. A lot of folks think that a survey is just, hey, it's a bunch of--let's just put a bunch of questions together and figure out what happens, but just like with any experimental protocol, bad questions lead to the development of bad data, and then it's actually hard to assess over time whether you're really seeing improvement or not. So climate surveys are a really great first step, especially if you're using subject matter experts. There are a couple of validated questionnaires already out there that people often sort of use and fold into their existing survey, and you can pick and choose them depending, again, on what you know about your context. As an anthropologist, I also really like a mixed-methods approach, so I think it's really important to make sure that you interview or do focus groups with folks so that you can learn more again about the particular context of that workplace. I think that that leads to prevention because of the ways in which first assessing what's going on helps you get a sense at what the problems really are, so, you know, for--again, for some workplaces, the culture might be like a real bro culture and for others it might be widespread incivility. And across the now three or four different work contexts I've started to look at, I can say that there are different historical and cultural contexts that lead to slightly different manifestations. So with a bro culture we might want to take on sort of why is it that people think they have to act macho to be good scientists? With incivility, we can be asking, well, why is it that professional--you know, we're considering professional conduct that is uncivil to be appropriate and respectful? So once we can start asking those questions, we can move towards change. Ms. Larsen. May I--I want to add to that that I think--you know, a lot of times because of the confusion over what harassment is, you know, I often tell people, you know, don't write a zero-tolerance policy until you're really clear on what you're not tolerating. And so starting from what is the conduct that is actually damaging to them, not worrying about whether it's legal or illegal under the law but really what are the things, what are the actions that are occurring that, you know, are really causing women to feel that they are being treated and are actually being treated differently, but really starting from that point of conduct versus conclusion about what that conduct is. Chairwoman Comstock. I wonder if there needs to be some kind of checklist sort of like when if you're going out and you're going to be alone and you're driving home or something and you think, okay-- you park in a certain place, you take certain actions, you're trying to protect yourself physically from safety and danger, but we don't often instruct, say, our children or young people to protect yourself in this type of environment and what to expect, and I think--you're coming in, say, as a college student or a graduate student with all kinds of different experiences, particularly in a science career where it involves a lot of studying and things and perhaps they haven't been engaged socially a lot and then they're put in these circumstances. I'm thinking of this checklist, you know, when you're socializing, say, with your colleagues, go with a buddy. What kind of things can we really--just sort of commonsense kind of things that our mom might tell us but that we haven't maybe thought of to prevent some of these things because you think culturally somebody from one part of the country and they come into a different situation or racially if people have different expectations, and it's just so many different approaches here. And I feel like a lot of times when these young people are getting into these circumstances, we just haven't prepared them. And how can we do that? Dr. Clancy. I certainly agree that some kind of checklist would be really important. I really think it's on the PI, the principal investigator or the boss or the director of the field site to be the one creating that checklist and the one responsible for it. So in our research that was published in 2014, in field sciences we found that the majority of our respondents were not aware of a code of conduct or sexual harassment policy for their field site and a very small number of people who were actually harassed felt--even knew what the reporting mechanism was. So to my mind the bigger issue is that these behaviors are not--people don't tend to just spontaneously become harassers. It has to do more with the culture that they're in and whether it's permissive. So if the director---- Chairwoman Comstock. And they're usually--the predators are repeat offenders, too. Dr. Clancy. They can be, yes. And I think they often are but they're not always. And it has to do with the fact that if the culture is permissive of that behavior, then it's much more likely to happen. So it really has to be the person in charge demonstrating leadership and making clear what's acceptable and not acceptable in both implicit and explicit codes of conduct. Chairwoman Comstock. And I know one of the things that we've heard in looking at this in Congress is when you have these new policies in place, usually you're going to see first a spike in complaints because people feel free to come forward now, but then if there is, you know, consequences and they see that and they now know that there's going to be action taken, there is then a reduction in both the activity in the first place and sort of the confidence that this is going to be handled. Is that consistent with what you've seen or what you've all---- Dr. Clancy. Yes, absolutely across workplaces it's consistent that if you have consequences, not just that you claim to have them but that you actually have them, that people face sanctions, then you do see a reduction in harassment--or you see less harassment in those workplaces at least. Chairwoman Comstock. All right. Thank you so much. And I now yield to Mr. Lipinski. Mr. Lipinski. Thank you. I want to thank all of you for your testimony. I think I was particularly moved by Dr. Clancy, your testimony, because having been an academic, I understand the hierarchy and the--how those who are lower on the totem pole, those who are lower in status are relying on those who are above them for their career, for their entire career, whether you're a grad student or you're, you know, a faculty member. If you are--have a higher ranking, you have a lot of power over those below you. And I think that there is a cultural problem in general with those who are higher up sometimes being abusive. And that is--it's a terrible problem. I can't say that I suffered harassment at any point although I was in situations where things were said to me that were--did not make me comfortable. But I certainly heard stories from colleagues that were definitely harassment. And, you know, nothing that I heard that ever really came of that. And again, it's because of the hierarchy and because, you know, when you are a star, if you're considered a star academic, you are protected. And so this is something that really is--makes this even tougher when we're talking about academia. So I wanted to ask Ms. Davis about the--what NSF is doing now. So the proposed requirement you talked about says that grantee organizations need to report findings of sexual harassment to the agency. We have to make sure in doing this that NSF needs to make sure that such a requirement is not going to chill investigations of assault for fear of making a finding that jeopardizes grant money. Again, something that is--we need to be very careful about that. So I want to ask, how will the NSF enforce its requirement--well, first, will researchers, technicians, and students be able to report harassment directly to the NSF, and if not, how you ensure that grantee organizations have effective reporting mechanisms in place? Ms. Davis. Thank you. Yes, they will be able to report it directly. We have set up a portal so anyone can go to this portal whether it's a postdoc, a student, or if it's a faculty member and report directly to us. It will come directly to us. In regards to the chilling effect, we thought about that, we talked about it. We think that we're in a time now that--for universities to take the approach to have a chilling effect could be at their own peril if you see what is happening to universities. What we like about this new portal that we have is that anyone can report to us. So if a university has a finding, or if they have investigated and just decided the degree of what has happened, they're going to put the person on administrative leave. If they elect not to notify us, it could be the student that was involved, it could be a postdoc that was involved, it could be the community, it could be professional societies, anyone that could notify us and we would have like many compliance reviews of that situation. We had a situation recently where we were just made aware of something, and within two hours we were able to be on the telephone with the university and to begin addressing it right now before the policy is in place--the difference with the policy is that they will be required. But we learned through another means, we will still implement it right now. Mr. Lipinski. And how will you enforce the requirement, given that many victims sign nondisclosure agreements as part of their settlements? Ms. Davis. Thank you. We run into that situation, too, with nondisclosure agreements. We'll have a lot of back and forth, but what we're looking at is if you put that person on administrative leave, this is a term and condition. If they're not able to carry out their term as it relates to the research, we can actually have the university replace that PI that is on there, or we would do everything in our power to make sure that no student under contract is impacted. The enforcement part of it will be from the perspective of can they carry out the terms of the agreement? Mr. Lipinski. All right. Thank you. Very quickly, Ms. McEntee, scientific societies play an important role in shaping the culture in scientific communities. How can scientific societies best leverage their position within the community to bring about cultural change? Ms. McEntee. Well, thank you. You know, we think we have a lot of ability to work both within our society and with others. We view this as a community effort. We are establishing an ethics resource center that is providing--in collaboration with other scientific societies and research institutions--tools, resources, research, training that everyone in the community can benefit from. It'll also be a place where we can share best practices and what's working well to change this climate and will allow us to collaborate more broadly both within the scientific societies but also with colleagues here that are on this panel. And we also hope that many others will adopt policies as strong as ours that call harassment, bullying, and discrimination scientific misconduct because it harms scientific careers and the entire scientific enterprise. Mr. Lipinski. Thank you. I yield back. Chairwoman Comstock. Thank you. I now recognize Mr. Marshall for five minutes. Mr. Marshall. Yes, thank you, Chairwoman. It's hard to believe but 33 years ago today I was a second- year medical student and decided to go into obstetrics. I know that because today is my daughter's birthday, our firstborn 33 years ago, and as a medical student trying to figure out what I wanted to do and that was certainly a sentinel day. But what I didn't realize when I became an obstetrician was that I'd be spending 95 percent of my time with women. And certainly, I saw the world through their eyes. I got a glimpse through their world more so than many people do. And whether it was spousal abuse, I did over 100 rape exams one year as a resident, but certainly, this issue of sexual harassment is something maybe I would see more than other people. You know, why is a woman perfectly happy at a job, she sees me once a year, and she walked into my office and she quit a really good job. And, you know, they would kind of beat around the bush, but too often this was the reason. You know, I want to talk about being proactive rather than reactive and challenge you all. What can we do to be more proactive? I think about culture, and my concern is that there's a cultural acceptance in an institution this is more likely to go on. And certainly, we control the purse strings, we give grants through the NSF. You know, in sports we'll see if an institution has a constant disregard for the rules, like the NCAA, eventually, we give them the death penalty and you're done. You don't get any scholarships, you don't get any--in this case, any grant money--so it would be more than just the single person. You know, where there's smoke, there's fire. What are we doing to kind of get to institutions where this is a socially accepted norm rather than just one person? And maybe start with Ms. Davis and answer that question. What can we do to be more proactive rather than waiting for this complaint to be filed? Ms. Davis. Thank you. We believe we have several tools in being proactive, and one of those tools is our outreach to let them know from a title IX perspective when it comes to compliance what our expectations are. Beyond those expectations, if we see universities where we are seeing repeat problems over and over and over, when we go in and conduct these title IX compliance reviews. We could address those with the new term and condition that we have. We do not give the money directly to principal investigators. We give the money to the institution, so we can have these really hard conversations that may be difficult for the universities, which I believe we're at a time right now where even universities who've had a lot of complaints really can see that everybody---- Mr. Marshall. Have you had any of those hard conversations with any universities or institutions? Ms. Davis. When we go on our Title IX compliance--yes, we have. Mr. Marshall. Good. Ms. Davis. We've had some of the conversations that--I wouldn't want to go into---- Mr. Marshall. I understand. Ms. Davis. --specific names now that have resulted in some results that have made the harassment community a better community. Mr. Marshall. Okay. Dr. Clancy, you want to take a shot at that one, being proactive? Dr. Clancy. Certainly. So there--it turns out there's actually a pretty good literature on this. There are researchers who do work on what's called respect climates in the workplace. They're also called inclusion or diversity climates, some really great social scientists who conduct research to try to figure out how do we actually start with the culture and move forward from there. And what a lot of that research seems to show is that we need to do a lot more of the hard work, not just, you know, like slapping on a policy and saying, okay---- Mr. Marshall. Exactly. Dr. Clancy. --sexual harassment is fixed but actually coming together as a group, you know, doing workshopping sessions for instance where you get together and ask, okay, what are our values? What are our shared values? What's important to us? What is the current culture of this organization? And is this the culture we want? So if it's very hierarchical, you know, which often happens in the sciences, is all of that hierarchy justified? So are there times where we're hierarchical for the sake of being hierarchical instead of doing it because of expertise or experience? And I think if we really encourage more science workplaces and more workplaces generally in the United States to ask these questions first, then they can start to put together value statements and do more values-into-action trainings instead of sexual harassment trainings, which just tell you don't do these behaviors. Values-into-action trainings and respect trainings say here's what we want a professional workplace to look like. Let's encourage each other to do these behaviors, and it incentivizes the positive behaviors. Mr. Marshall. Great. Ms. Larsen, go ahead. Ms. Larsen. Thank you. You know, a couple of things, I agree with everything. The challenges in--you know, in change management they often say that people don't change because they see the light; they change because they feel the heat, and there is no heat in academics, so there is no way to compel somebody to do exactly that unless they feel it. And one of the cases that I have been working on for now three years with a client, her department has been found over 15 years by several external reports to have a terrible climate for women and to have it observed that women are leaving, including a NASA title IX investigation. There is no one to follow up and enforce the department making any changes. The department has done nothing in 15 years. Two years ago, a program review within the university done by the academic senate, which is where I say that we have a shared governance issue, you know, also found that this was still a problem, that women were leaving in large numbers. Two out of three of the women in this department went directly to that committee and said, you know, we don't think the department is taking this seriously; they're not doing anything. And the academic senate still closed that program review and basically said we'll review them again in three years. The senate has no accountability and responsibility for what goes on in the department, and the administrative structure has no ability because there--you know, this idea of departmental autonomy, they can't go in and compel a department do anything. So we have a problem with enforcement. I would like to see federal agencies effectively saying if I don't--we don't see changes, we will pull funding. And to the point about money, it is true that the money is given to an institution, but it is considered the PIs, and that money is abused all the time. I have seen so many cases where equipment is withheld from one person because they don't like them. This is happening to a tenured faculty member who was denied access to a lab that was paid for by federal money, and there is nothing that can be done about that. A reporting structure to say this person is abusing the funding that we had, again, whether or not it falls under a legal definition, they're abusing the funding and this happens far too often. And a reminder that it is the university's money, not the PI's. Mr. Marshall. Yes, thank you. And I yield back. Chairwoman Comstock. Thank you. And I now recognize Ms. Bonamici. Ms. Bonamici. Thank you, Madam Chair and Ranking Member, for holding this hearing, and thank you to our very impressive panel. Over the past several months we've seen so many survivors of harassment and abuse speak up, and it really is making a difference and I appreciate you're here to--that you are all here today. And no matter what the industry is, everyone deserves to work in a safe workplace. As policymakers on this Committee, we have to do everything we can to make sure that our scientists and researchers are able to do their work free from harassment and abuse. We talk a lot about getting more women in the sciences, but we need to not only get them in the sciences, we need to be able to keep them there when they get there. And a working environment that's free from harassment and abuse and power abuse will mean that researchers can focus their full attention on finding the next great scientific achievements. I thank Dr. Cordova for her leadership at the NSF on this issue. A few years ago a fisheries biology--biologist who's very passionate about her work came into my office with a serious issue. She and some of her female colleagues had experienced sexual harassment while conducting research on a ship owned by NOAA, National Oceanic and Atmospheric Administration. After reporting the harassment, this talented scientist had been effectively grounded from furthering her career. Her research was derailed. Her colleagues and her harasser knew that she had reported the harassment, and she was counseled against going back out to sea for her own safety. There seemed to be little investigation into her case at the time, her case and other women's cases. I contacted NOAA, including then-Administrator Dr. Sullivan who--Kathryn Sullivan, who took this issue very seriously, and with Dr. Sullivan's leadership, NOAA changed their policies and practices. They made it easier to report sexual harassment, they implemented new training, and they changed their investigation protocol. And I just thank Dr. Sullivan for really taking the lead on that. This investigation into this particular case was completed, and best of all, this talented scientist returned to sea. Since then, she's gone on three research cruises and she said, and I quote, ``For the first time in my career, I was able to focus entirely on my work.'' So it really does make a difference. So we have to do more to both prevent harassment and to make sure that victims can seek justice, and all of our agencies need to take a close examination of their practices and put into place these accountability measures that will focus on prevention and also justice for survivors. So, Dr. Clancy, your research talked about how women conducting research in isolated field sites are particularly vulnerable, so I want to ask you, Ms. Davis, and Ms. McEntee, can you talk about some particular protections that can be implemented at field research sites to keep scientists safe? And I want to save time for a question for Ms. Larsen as well. Dr. Clancy. Some of the first things are, at least in our most recent research, we had a paper come out in November of 2017 that talked about the importance of having both implicit and explicit rules at the field site. So generally speaking, I think explicit rules are the best, you know, having an actual code of conduct of some sort, having a clear line of reporting, especially one that is third-party or independent of the PI who's there or whoever the director of the field site is, so I think that that's really important. But then I also think that the implicit rules like just getting everybody together on the first day and saying, okay, so here's what I think is appropriate behavior, here's what's inappropriate behavior and being very clear about both of those, so articulating those. Ms. Bonamici. I don't want to interrupt, but, Ms. Davis and Ms. McEntee, can you add anything to that for remote sites because I want to get to Ms. Larsen as well? Ms. Davis. Yes, and thank you for your dedication to this issue. We took it as a prevention and reporting approach to this issue, and so we have instructional videos on--for anybody who's at a field site, a ship, Antarctica, or any of those locations on actually how they report. We have a new web portal that we set up where anyone at these sites will know how to access information quickly, and we have several other steps we've taken-- Ms. Bonamici. Terrific. I'm going to get to Ms. McEntee---- Ms. Davis. Yes. Ms. Bonamici. --because I want to save time for Ms. Larsen. Ms. Davis. Thank you. Ms. McEntee. So we would add also we think you need training not just for those who are leading the expedition or the field but also for bystanders so they know how to act and you can--they can also implement programs like our Safe AGU where individuals are publicly identified as having the training to assist when someone is experiencing harassment. Ms. Bonamici. I think a bystander speaking up is important. Ms. Larsen, in 2011 President Obama released new guidance for the implementation of title IX by universities. It clarified that title IX cases are to be decided under a preponderance-of-evidence standard and impose a 60-day limit for concluding title IX investigations and introduce an appeals process for both parties. Last year, Secretary DeVos withdrew those updates, effectively reverting to the title IX guidance from 2001. The specifics of the 2011 guidance of course were debated, but ultimately, the goal was to make sure that title IX is actually protecting individuals from harassment and abuse. So to what extent has the 2009 guidance already led to institutional change, and how will withdrawal of that guidance affect title IX cases? And I noted also that apparently NSF used to refer title IX complaints to the Department of Education Office for Civil Rights, and even that was rescinded, so, Ms. Larsen? Ms. Larsen. You know, I think that--thank you. You know, I think that it wasn't--you know, I used to say that working at a university is like dog years; it takes seven years to accomplish what it--would normally take a year-- Ms. Bonamici. Just like Congress I think. Ms. Larsen. So I think that it was, you know, slow to begin with, so by the time the--you know, the rescission happened, I think it was--it wasn't where I would've liked to see it in the first place, but I think the rescission did add a lot of confusion over, you know, what is the process and it reinforced this idea that it is two-sided. And I--you know, I absolutely believe in due process, and again, I want to be very clear that there's a difference between how we look at sexual assault and harassment, but it is--you know it reinforced this idea that it's a 50-50 problem and that, you know, we have to really watch out for both rights in an environment where the rights of the powerful are well, you know, protected by other ways. It--I think it did reinforce this idea that the victim is really not going to be supported well. Ms. Bonamici. Thank you. As a member of also the Education Committee, we'll probably follow up with you on that as we approach higher education at reauthorization. I thank you. I yield back, Madam Chair. Chairwoman Comstock. Thank you. And I now recognize Mr. Beyer for five minutes. Mr. Beyer. Thank you, Madam Chair, very much and thank you very much for being here. As the--I have four sisters and three daughters, and so this is a very important issue at home. Dr. Clancy, in your testimony you emphasize the importance of addressing sexual harassment because it's the most prevalent and frequent form, and it's often a predecessor to more extreme behaviors, but then we also--there's been a lot of talk about culture. And some of the factors in your testimony, the fact that a student's or postdoc's career is entirely dependent on their advisor, that principal investigators are given complete control of the research funding, that departments have this autonomy, that I no longer want to be a college president. I just want to figure out--I had no control over all that money that was coming in. Are these structures--structural elements of the scientific community that can be changed, can be addressed and are these discussions that have been having within the National Academies? Dr. Clancy. So there are definitely some ways in which these structures can be addressed. I know that some universities are moving to a co-advisor model for instance. In fact in my department that's primarily what we do is we make sure that there are always two primary advisors for most of our students so that if there are ever difficulties with one, there's always a second avenue. I think empowering a Director of graduate studies to be able to work with faculty who are being a problem is another way to handle it. I think also just, you know, in terms of this fundamental culture change, I think part of what has to happen is faculty have to be willing to call each other out when we see bad behavior a bit more, so kind of to speak to Ms. McEntee's call for more bystander intervention training, just in general we need to be able to say, look, I don't think the way you're treating your student is appropriate, and I don't think that she should be retaliated against for, you know, doing whatever it is she's doing. And so to me those are sort of the big things that we can be doing on the ground. Mr. Beyer. Okay. Good. And that's sort of university by university or---- Dr. Clancy. Yes. I mean I think there are also ways in which professional societies can maybe be addressing this and maybe Ms. McEntee or Ms. Davis would be able to address this as well. Mr. Beyer. Great. Thank you. Ms. Davis, you talked about NDAs, the nondisclosure agreements. Do they potentially permit serial abusers? And what's the--you know, when the abuser is not identified, what's the trade-off in terms of using NDAs versus the--you know, the good versus the bad there? Ms. Davis. Thank you. The nondisclosure agreements are a challenge when you're trying to get information about what happened. We know that's a challenge that we will probably be getting a lot of feedback on when we put our Federal Register notice out there. That's why we approached this from--can they fulfill the terms? This bolstered title IX is not a title IX where we're conducting the investigation and we actually need to know all of the particulars that happen. We really need to know can they still fulfill the terms of the agreement. That's why we took this first approach, and we are actually doing everything that we can do inside of NSF and NSF's control. Our second phase, is that the Director put a sexual harassment task force together, which is across the foundation. We will be looking at other things we can do inside, but also how we can go out and collaborate with our other federal science agencies. To the degree it comes to something that title IX needs to change, we'll be looking at that, too. Nondisclosure agreements can be challenging in a title IX setting, but we're approaching this from can you still fulfill the requirements whether we know all the details. Mr. Beyer. All right. Thank you. Ms. McEntee, it's been suggested that one of the things the #MeToo movement may do in a pernicious way is that men will simply stop hiring and promoting women. You know, I think Sheryl Sandberg wrote that she's heard rumblings of a backlash in the tech industry where women are already significantly underrepresented. We just read that Florida legislators and lobbyists have told the Miami Herald that many male legislators won't meet with women privately. So is this a danger in academia also where, you know, one-on-one relationships are very important with the advisors or with the principal investigators? Will fear of accusations against male researchers exclude female students from mentoring opportunities? Ms. McEntee. Well, that fear already exists, and certainly, if there's more fear of backlash, that will just reinforce the culture that we all know needs to change. That's why sanctions are important. We also need to start rewards and recognitions for departments and universities and others who are starting to adopt really proactive codes of conduct and are putting in place effective resources and training and mechanisms like co- advisors where we're starting to see a change, and then we need to continue to fund research to track progress and share those best practices. This is going to take a community effort, and we can't allow fear of backlash to stop us from trying to address and create the kind of positive work environment we need for science. Mr. Beyer. I agree. Thank you very much. Madam Chair, I yield back. Chairwoman Comstock. Thank you. And I now recognize Mr. Hultgren for five minutes. Mr. Hultgren. Thank you, Madam Chair. Thank you all so much for being here today, but more importantly, thank you for your really important work and the mentors that you are. This is an important hearing so that we can make sure that federal agencies are following the law, and proper protocols are in place to protect students and researchers from abuse. I have a STEM Scholars program that we started in our district in Illinois, the suburbs of Chicago. This is our second year of our STEM scholars. We've got 30 high school students from around the seven counties that I represent that are part of our STEM scholars program. I meet with them once a month. We go to different places throughout Northern Illinois to see application of STEM fields in our communities. It's been an amazing time for me to learn from them what sparked their interest but then also for them to see some great opportunities right close to home for them. One of the things I'm most excited about this year with the 30 students that we have, the majority of our STEM scholars are young women, so I'm encouraged by that and I'm learning from them and just excited about their passion and want to do everything that we can to encourage all young people that we need them in our science and technology fields. I know so much more can be done to spark an interest and foster passion for STEM, but all of this can be so dishearteningly be undone if young women especially find themselves in an academic setting with a culture of sexual harassment and abuse. If people leave these fields because of abuse, then we are losing the very best and brightest we need to be supporting at this time. We need institutional safeguards in place so that victims can feel safe reporting abuses, and abusers can be identified and removed. Dr. Clancy, if I could address my first question to you, we know that only 23 percent of women with STEM degrees stay in STEM fields. What impact do you think harassment and discrimination play in women leaving the STEM fields? Dr. Clancy. Unfortunately, I think it explains most of it. You know, for a while a lot of folks tried to make the claim that motherhood is the reason that a lot of women don't stay in science because the nature of the job is so difficult, and really, that just hasn't been borne out. I had fact have my-- I'm a breastfeeding mom and my daughter is in the next room right now. I had to bring her with me in order to come to this hearing. So I don't think that motherhood is what's holding women back in the sciences. I really think it's the daily indignities of being told that you are less than. And again, I want to emphasize that a lot of times these experiences are, you know, small incivilities and small slights, so it's how do you--how exactly do you report a systemic problem where you're always the one asked to take notes at the faculty meeting or you're always the one asked to make the coffee or, you know--or you're always the one who's ignored or left off the emails or somehow not given access to a really important piece of equipment. Those kinds of things are really hard, I imagine, to adjudicate and really hard to report on the side of the victim. So to me, again, these broader prevention measures to encourage women to provide more peer mentoring to each other and to work together and for them to feel like their work environment actually cares about these issues and won't retaliate against them if they try to speak up, those are the things to me that I think are really key. Mr. Hultgren. I think that's a really good point. And you're right, too, that so much of it is--it might seem at the time, well, this isn't a huge deal, but it is a huge deal, because it's got to just have the cumulative effect of feeling pressed down or excluded, and we've got to do everything we can to change that, to stop that. Ms. Larsen. May I? Mr. Hultgren. Yes, that would be great if you would. Ms. Larsen. I just--I want to add, you know, I have been, you know, in private practice and also in my years in the university I--they may exist but I have never met a woman who told me that she chose to get out of science because she just decided that it wasn't for her. But I have a client right now, in fact two in the same lab, who were told, I don't know, 6 months ago when they informed their PI that they were pregnant that mothers couldn't make it in research and he didn't want to waste his resources on them, and they both suddenly lost their funding. And when the title IX officers investigated, the people that they asked--because the excuse always is they just weren't good scientists--are all the other people who were funded on the same money who know that if they actually said anything different than what the PI has said, they lose their funding, too, so-- Mr. Hultgren. It's horrible. Ms. Davis, if I can address--I just have a minute left or less. The federal definition of research misconduct was last revisited over 20 years ago. It was altered to take out detrimental research practices from the definition. Is it time to revisit whether sexual harassment and other abusive behaviors should be part of the federal definition of research misconduct? And then with a few seconds left, I'd love to from you, and if others have thoughts, I'd love to hear from you as well. Ms. Davis. Thank you. We've had a lot of discussion around this, and fortunately, our Director, actually chaired a working group on that issue back in the 1990s. We see sexual harassment as having a vehicle to address this, title IX. When they were looking at definitions for fabrication, falsification, plagiarism, there was nothing--no vehicle to address it. We are not taking anything off the table. We know--we looked at what's within NSF's scope, and some of these things will be across the whole federal sector as it relates to research. The thing that we were concerned about is having a consistent way of handling sexual harassment. If you have some parts of it in the research misconduct area being handled, and other areas where there's sexual harassment issues handled outside, it could possibly strip down the law, so we were concerned about that. So those are some of the things we talked about saying right now; it seemed like our energies would be better suited doing something swiftly that we could do now and then look at what we can do across agencies. Mr. Hultgren. Well, I've run out of time. Ms. McEntee. If I could add, please? Mr. Hultgren. Yes, real quick, sure. Ms. McEntee. I would say that we're extremely proud that our policy that was approved in September of last year defines harassment, bullying, and discrimination as scientific misconduct. Mr. Hultgren. Thank you. Again, thank you all so much. I've got probably 10 more questions I would love to ask but just 5 minutes goes by way too fast--or 6 minutes, 20 seconds goes by way too fast, but I may follow up in writing if that's okay. And we really do want to help. We need you. We need your brilliance and expertise, and this has to stop. And so we just one all our best and brightest young people to see that we want you to excel, and anything that gets in the way, we've got to work to stop it. So thank you. Thanks, Chairwoman, for your indulgence. I yield back. Chairwoman Comstock. Thank you. And I did want to note how important it is that that has been changed. The policy on scientific misconduct includes this. It's really important, and I did just want to take a point of privilege to--you know, this issue of backlash and worrying about women not getting hired because we start to hear a little bit of that. It's important that everyone understands that is illegal. That is already illegal. You can't say, oh, I'm not going to hire women now because of this or that, so it's important, because I've seen this even around here where reporters are asking us that, and we know we've had problems in the media, so we want to make sure that everyone understands, under current law, that is illegal and you can't say now the way you're going to deal with harassment is not to hire women. So thank you for letting me jump in on that. And I now want to recognize Mr. Loudermilk for five minutes. Mr. Loudermilk. Thank you, Madam Chairman, and thank you for having this hearing. Ms. Davis, I want to go back to something that Dr. Clancy brought up, which was Dr. Marchant with Boston University. And during--the first question I have is during that time period, did the NSF have the authority to immediately remove him or anyone from a grant if someone's been put on administrative leave or is under investigation? Ms. Davis. The authority that NSF has with the university is we would work with the university to find a replacement PI if the PI is on admin leave or something, and is not meeting the terms and conditions of the grant. The authority--what we're doing now, the authority didn't change. The only thing that's different is that they have to report to us. Mr. Loudermilk. Okay. So during that time period you did have the authority to--okay. Ms. Davis. If I can make that clear---- Mr. Loudermilk. Yes. Ms. Davis. --the authority to work with the university for them to do the removal. Mr. Loudermilk. Right. Ms. Davis. Yes. Mr. Loudermilk. Okay. And thank you for that clarification. Ms. Davis. Yes. Mr. Loudermilk. I and of course many Members have concerns about the recent interaction between Boston University and the NSF regarding this matter, and I actually have some emails between NSF and Boston University I'd like to kind of walk through. And, first of all, let me say thank you for the NSF and Boston University providing these documents to the Committee during our investigation. That isn't something that we get a lot of cooperation on with a lot of other agencies, so I do appreciate that. Mr. Loudermilk. And so, again, this is an email chain between the NSF and Boston University regarding the alleged sexual harassment by a prominent Boston University geologist Dr. Marchant. The first slide, as you can see, that we already have up, Boston University found that Dr. Marchant did sexually harass a graduate student while on a research expedition in Antarctica, which Dr. Clancy has already brought up here today, and he was immediately put on administrative leave, so hats off to Boston University for doing the right thing at that time. And Boston University sent an email to the NSF on December 5 notifying the NSF that Dr. Marchant currently had an NSF grant. Then, on December 11, 6 days later after a phone conversation with the NSF, the university followed up with an email asking for clarification. Apparently during the phone call, there was some information passed along that he could not remain as the principal investigator. But they were asking for clarification from why they would not allow him to continue as principal investigator on the grant. [Slide.] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Loudermilk. So if we bring up the next slide, then December the 18, the NSF stated in this email there is no NSF policy that supports the statement, quote, ``That NSF would not allow Dr. Marchant to continue as principal investigator while he's on administrative leave.'' Even though NSF wanted to remove Dr. Marchant from the grant, apparently, it was thought there was no policy to allow that to take place. [Slide.] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Loudermilk. Further, and a little bit disturbing, on January 22 the university then indicated that--in this email-- that due to NSF's inability to force them otherwise, the university would keep Dr. Marchant on the grant, which is what Dr. Marchant wanted and kind of disturbing to me is that he continued to want--in this email--he wanted to continue to mentor another graduate student. [Slide.] [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Mr. Loudermilk. So then if we go to the last slide, it wasn't until January 25 that the NSF got clarification from upper management that Dr. Marchant was required to be removed as the principal investigator of the grant. This was almost 2 months after the initial December 5 notification by Boston University to the NSF that he had been placed on administrative leave. So my first question is why did it take so long to determine that Dr. Marchant needed to be replaced as PI? Ms. Davis. Thank you. What you just shared with us here is what we have been addressing. This is unchartered territory. We have typically tried to handle title IX issues within a stovepipe of title IX, and so what happened here, is that the communications were from the program offices, and the program offices were interacting back with the universities. They were talking to each other and they thought that there was nothing we can do. Well, the Director put together a sexual harassment task force, and that task force includes people across the whole foundation. What we learned in that task force is that communication was taking place between the universities and some of our personnel outside of our title IX role, and so as a result of that, we have put in a communication to all employees if anybody reaches out to you about a title IX matter, you immediately notify my office and we will coordinate it. As a result of that and the lessons we learned from this situation right here, we are now--last Thursday, we learned of an issue of a title IX person being put on administrative leave. Within two hours of learning that, we were able to pull together a team, contact the university, and find out what was going on on the issue, and as a result of that, we've actually made a modification in our Federal Register notice that we're going to put out. This is unacceptable for us, and it's a lesson learned and we've acted upon it. Mr. Loudermilk. Well, thank you for that, and I think you've just answered my follow-up question on that, does your current policy give you the ability to address this immediately? And it sounds like not only can you, you have acted on that as well. But a question back to the December 18 email, it actually said, ``I apologize for the delay in getting back to you. I discussed your question''--and when I say your email---- Ms. Davis. Yes. Mr. Loudermilk. --regarding NSF's, not yours personally, because I don't know who actually sent it--but it said, ``I apologize for the delay in getting back to you. I discussed your question with our policy office in the Division of Institution and Award Support,'' and they feel that it is an internal Boston University issue, which would depend on the conditions of the administrative leave, and then it followed up as there is no policy. Was the problem in that policy office that they weren't aware of the ability to remove? I mean, where was the breakdown? Ms. Davis. The breakdown is that it's still stovepipe approaches. We have typically handled title IX issues within my office, and the grants and terms is handled in the policy and the grants division. So no one really--it's almost like what we're seeing in office of research in title IX. We were not communicating across. We've really put the brightest minds together to try to talk about how to tackle this issue, and in doing that, that's when we learned, well, wow, we have the opportunity in our grants and our award--terms and conditions right now to go back to the university and say that this is not--if a person is being put on administrative leave and they cannot adhere to the terms, we can do something. And so it was a matter of communication. One was the science office doing it. When they reached out to that office they hadn't been--this is unchartered territory. They had not been dealing with issues around sexual harassment in a grants and terms way. Mr. Loudermilk. Okay. Well, thank you. One last question and--is the NSF reliant on--totally reliant on institutions to appropriately deem what is considered the beginning of an investigation? Ms. Davis. Actually, we created the NSF.gov/harassment portal, and the reason that is a very key is because we want to do a lot of outreach so people can know to reach out to us and let us know if an issue is going on. If the university is conducting an investigation, failed to tell us something or failed to conduct an investigation, we can be notified by numerous sources---- Mr. Loudermilk. Okay. Ms. Davis. --including the media, and so it's almost another tool we have to have--to catch violators I would say. Mr. Loudermilk. And thank you. Ms. Larsen. May I---- Mr. Loudermilk. I see my time has long expired. Ms. Larsen. May I please respond? Mr. Loudermilk. Sure. Ms. Larsen. I want to make a really important point about the Marchant case. And I actually had dinner not too long ago with one of the women who brought forward the allegation, not a client, just a friend in San Diego. It took her until she was tenured, years later before she felt safe enough to actually bring that allegation. And I wonder how many women were out in the field having rocks thrown at them in the meantime, and so this is a problem we must address, that people have to feel safe to report this. Having rocks thrown at you isn't always thought of as sexual harassment, right? It's not sexual but it is harassment, and I--and that is an issue as well. I had a third point and I don't remember it. But I think the time that it takes, you know, is really something--oh, I know what I was going to say. She changed her field, so she went from researching in the Antarctica to researching in the Arctic to avoid this person. She went to the opposite pole to avoid him. Chairwoman Comstock. Wow. That is--thank you all so much for your important testimony. I wanted to pick up on some of those points in terms of--you know, we've talked a lot about the impact on the individual women and how their lifetime careers change, ``polar opposites,'' and also how they're losing income over a long time. And, Dr. Clancy, I thought your point about, this sort of the myth that it was children--and I can't wait to see your little one here, and great that you're a nursing mom, that's a great thing, too. But it is bigger than the individuals who are losing their career here. As a country and as the science, we're losing that bigger picture and the talent, and the cost to our economy. So I think this is such a human rights issue, it's a sexual harassment issue, but we really need to look at this, how it impacts wages and the individuals and the economy in the bigger context. So I know we had a hearing last year where we--in another committee that I'm on--where we found that companies with three or more women in senior management functions scored higher in leadership, accountability--what we're all talking about here-- and innovation, so that's innovation, you know, moving our economy forward. And Fortune 500 companies with the highest representative women on their boards outperformed generally, so this means our country would be doing better if these women were advancing at better rates, you know, at the rates that they're going to school. And then women CEOs in Fortune 500 companies have 200 percent better returns on the S&P 500. So this is costing our economy. I know we often say--some people might feel like, oh, we're going to be good and do this. This isn't just doing the right thing, which is first and foremost very important. This is economically an issue that is costing our economy if we don't get this right. So this makes a big impact. You know, women live longer. If women aren't getting their--into their careers and getting to stay in them and making that money, this is costing the country in so many different ways. So I thank you for your just fabulous research and work and insight and how you're making all of these connections. You know, with the example of the woman who had to wait until she was tenured, you know, I imagine just with the work that you all are doing and having to--the intervention factor, women intervening can sometimes be a difficult thing for you even when you're studying this. So thank you so much for--and please keep in touch with us. I appreciate the great work, lots of good representation here of women scientists here, so thanks so much. The record will remain open for two weeks and written questions can be submitted. Thank you. [Whereupon, at 11:44 a.m., the Subcommittee was adjourned.] Appendix I ---------- Answers to Post-Hearing Questions Answers to Post-Hearing Questions Responses by Ms. Rhonda Davis [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Responses by Dr. Kathryn Clancy [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Responses by Ms. Kristina Larsen [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT] Responses by Ms. Christine McEntee [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]