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FBI Disciplines Eight More for Harassing Black Agent : Race relations: Director Sessions says the action was taken to demonstrate that minorities can expect fair treatment in the agency.

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TIMES STAFF WRITER

In an effort to demonstrate that minorities can expect fair treatment within his agency, FBI Director William S. Sessions disclosed Friday he has taken disciplinary action against eight agents and supervisors for harassing a black agent.

Most of those disciplined, including the six supervisors, have received formal censures, oral reprimands and “cultural awareness” counseling, the FBI said in a statement. In addition, one field agent was suspended without pay for 21 days. None was identified by name.

The disciplinary actions involve former agent Donald Rochon, who won a $1-million settlement from the government last year for alleged discrimination that occurred while he worked in FBI offices in Omaha and Chicago from 1983 to 1985.

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Rochon cited a variety of discriminatory acts in his federal lawsuit. The agent who was suspended for 21 days allegedly arranged for salacious literature to be mailed to Rochon’s home. Rochon said white agents pasted photographs of apes over the family pictures at his desk and forged his name on an application for death and dismemberment insurance, signifying a death threat, according to the suit.

Two years ago, a field agent was suspended without pay and two managers were reprimanded in an immediate response to Rochon’s lawsuit.

The disciplinary actions disclosed Friday were prompted by the recommendations of a confidential report prepared by Paul R. Philip, the FBI’s highest-ranking black field agent. Based on a seven-month internal inquiry, Philip found last April “there is reason to believe” disciplinary action was warranted against a total of 11 agents and managers.

Sessions, in explaining the latest measures, declared that “we remain committed to ensuring there is no place for discrimination or bias--or the perception of discrimination or bias--in an organization that the American public holds so high.”

The FBI, traditionally regarded as the government’s premier investigative agency, conducts thousands of inquiries each year into organized crime matters, racketeering conspiracies, financial crimes and complaints involving the nation’s civil rights laws.

Officials said that not identifying the affected agents and supervisors is standard procedure when discipline is imposed on FBI employees. While the Rochon case is the agency’s first involving discipline for racial harassment, other agents have been fired, suspended, prosecuted or reprimanded over the years for such infractions as financial misconduct or mishandling an informant.

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Referring to the Philip report, Sessions said he was “confident that we have thoroughly weighed all the evidence and have taken action against those current employees whose conduct, judgment or performance deficiencies warranted administrative action.”

David Kairys, a Temple University law professor who has represented Rochon, said he was disappointed that Sessions’ sanctions mostly were “light sentences.” But Kairys said he was encouraged that Sessions had punished more supervisors than agents.

“If the message goes out from the director that this kind of discriminatory conduct will not be tolerated, this could mean a change in the way things are done,” Kairys said. “We will have to wait and see.”

The FBI said some management officials “failed to recognize or appreciate the racial implications of Rochon’s allegations and, as a result, did not act promptly and decisively.”

Kairys said some black agents in Chicago were angry that friends of the suspended agent, whom he identified as Richard Ganslein, had “passed the hat” to collect funds to make up his pay. Others said such support and camaraderie is traditional among FBI agents but questioned whether it was appropriate in this instance.

Some white agents have contended Rochon was difficult to get along with and unpopular with his colleagues. They have argued that their harassment was not racially motivated, noting that the bureau has nearly 500 black agents.

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Sessions has held a series of meetings in recent months with his black agents to assure them of fairness in their treatment and promotions. The agents had told Sessions they were considering filing a class-action lawsuit charging the FBI with discriminatory practices.

Three years ago, 300 Latino employees won a landmark employment discrimination suit against the FBI. In finding widespread FBI discrimination against the Latinos, a federal judge in Texas said those agents tended mainly to be given assignments that required Spanish-language skills, such as the tedious monitoring of wiretaps, but were offered no opportunity for advancement.

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