Six weeks into the 2016 Missouri General Assembly, there have been no complaints referred to the House Ethics Committee under the new sexual harassment policy.
State Rep. Jay Barnes - an attorney and committee member - said Friday though, since the committee is a later stop in the complaint process, no referrals to the committee doesn't mean no one has complained.
Because the process is designed to be confidential, Barnes, R-Jefferson City, said he and other panel members won't know about a complaint unless it is sent to the committee.
"Hopefully, we never have to hear one," he said. "Because if we never have to hear one, that is a good thing."
House leaders and staff wrote the policy last summer and fall following the disclosures of:
• An exchange of sexually-themed text messages between now-former Speaker John Diehl, R-Town and Country, and a college intern.
• Complaints involving interns and now-former Sen. Paul LeVota, D-Independence, including a period in 2010 when he still was in the House.
The comprehensive new policy covers seven pages of the updated Missouri House of Representatives Policy Handbook and includes a detailed definition of what constitutes "sexual harassment" from the state Human Rights Commission.
It is complaint-driven - but the complaints can be submitted verbally as well as in writing.
The policy begins with a broad statement: "One of the key elements of sexual harassment is that the behavior is UNWELCOME.
"Sexual conduct or communications that might have been welcome to one individual may be unwelcome to another.
"Sexual conduct or communications that might have been welcome between two individuals at one time may become unwelcome at a later time. Whether the conduct or communications are unwelcome depends on the total circumstances."
The policy also includes a note that "unwelcome sexual conduct or communications may violate state law or federal law, or both."
While aimed at House members and employees - including part-time and temporary workers and interns, whether paid or unpaid - the policy also "is designed to eliminate any unwelcome sexual conduct and communications encountered by members and employees in the course of their work and which are engaged in by non-employees, including lobbyists, members of the press, visitors, constituents, service personnel or other state employees ... both in and away from the Capitol Complex."
Both men and women may be the victims of sexual harassment, the policy says, providing a few examples of what might be deemed as harassment:
• Sexual comments, compliments, innuendos, or suggestions about one's clothing, body or sexual activity.
• Turning work discussions into sexual topics, such as sexual practices or preferences, or telling sexual jokes or stories.
• Requesting or demanding sexual favors or suggesting there is any connection between sexual behavior and any term or condition of employment, whether that connection is positive or negative.
• Use of obscene or sexual words or phrases or the use of unwelcome words.
Harassment also can be non-verbal, such as displaying "sexually explicit pictures or objects in the work area" or "giving personal gifts of a sexual nature."
And there is physical contact such as "kissing or touching, patting, pinching or brushing against a person's body."
Complaints can begin with a request to the offender to stop the offensive behavior or can be made to any supervisor in the House.
Barnes said allowing the initial complaint to be verbal or written is part of the policy's flexibility.
"It's up to the person making the complaint," he explained. "It's not easy for someone to take that action, (because) they know the other side is going to deny it."
Complaints are given to the House Administration division to be investigated, unless the complaint involves a representative. In that case, the chief clerk must "contract with external legal counsel to investigate the complaint."
Within 14 days "of the receipt of the complaint," the clerk is to "refer the complaint and any results from all investigations to the Chairman and Ranking Minority Party Member" of the House Ethics Committee.
Barnes said Friday a complaint "doesn't automatically come to the (full) committee."
But if the committee must act on a complaint, he added, it will be treated as a personnel issue and be handled in a closed meeting.
The policy makes it clear "complaints, investigations and resolutions will be handled as confidentially and discreetly as possible, with information being shared only with those who have a need to know and as may be required by the House's obligation to comply with the law."
Barnes explained, "That was the goal - to put together a comprehensive policy that would set a benchmark, that would protect and create an environment where victims would not be discouraged from coming forward - but also respect the rights of the accused."
Resolution of complaints, the policy states, "can include, but may not be limited to, an apology, direction to stop the offensive behavior, counseling or training, oral warning, written warning, transfer to another department, suspension with or without pay or termination."
Published reports last year identified Barnes as one of two Republicans who urged Diehl to resign during a closed meeting of the GOP Caucus. Diehl left the House on the last day of the 2015 session, and Rep. Todd Richardson, R-Poplar Bluff, was elected the new speaker.
Barnes never has discussed the Diehl situation publicly, but he said Friday "the (Diehl) conduct would have been covered by this (new) policy" had it been in effect last year.
Still, the "he said/she said" nature of harassment claims means any complaints referred to the Ethics Committee must be handled on a case-by-case basis, Barnes said.
"It depends on the severity of the violation, (but) as a member of the Ethics Committee, if I think that there has been conduct which violates the policy, we're going to be serious about enforcing that policy," he pledged. "What's going to matter are the underlying facts in the case.
"I think you look at the members of the committee - it's made up of people who will view complaints in the same way."
House Majority Leader Mike Cierpiot, R-Lee's Summit, chairs the Ethics Committee, with Gina Mitten, D-Richmond Heights, and an attorney serving as vice-chair.
Other members are Republicans Barnes; Mike Bernskoetter, Jefferson City; Nathan Beard, Sedalia; and Sandy Crawford, Buffalo; and Democrats Lauren Arthur, Kansas City; Pat Conway, St. Joseph; Bonnaye Mims, Kansas City; and Stacey Newman, D-Richmond Heights.