New Miramar Harassment Cases Arise : Military: Two more women come forward with allegations of sexual misconduct at Navy air base.

Despite an official Navy policy of zero tolerance for sexual harassment, unwanted sexual advances continue to be a problem for some civilian female employees at the Miramar Naval Air Station, two women interviewed this week said.

In the most recent incident reported by San Diego police Wednesday, a 49-year-old male employee of the post exchange was arrested Feb. 16, accused of sexual battery on a 19-year-old female co-worker.

Nicole Staples made a citizen’s arrest of Elpidio M. Tubig, who allegedly grabbed her from behind and kissed her repeatedly while the two were getting ready for work. According to a San Diego police report of the incident, Staples charged that Tubig “grabbed, held her and repeatedly kissed her against her will.”

In recent months, Miramar base commanders have been plagued by allegations of sexual harassment.

Last month, Connie J. Kent, another exchange employee, sued the Navy and three male co-workers, alleging sexual harassment. Kent, 35, said she was subjected to almost two years of unwanted sexual advances by the three men. She charged that several supervisors ignored her repeated complaints about the men’s conduct.

And a former lifeguard who claims she was sexually harassed at the base pool last summer said in an interview this week that she was threatened with dismissal after she complained to superiors.

Police said Wednesday that the Feb. 16 incident occurred shortly after Staples, a receptionist at the exchange’s beauty salon, reported for work at 8:50 a.m. She told police that Tubig, a barber at the exchange, came up behind her, grabbed her and began kissing the back of her neck. She pushed him away but Tubig grabbed her again and began kissing her again, Staples told police.

According to police, Staples was able to break away from Tubig and went to her work area. A few minutes later, another woman employee arrived, and Staples told her about the incident. The unidentified co-worker reported the incident to the base Shore Patrol office, which in turn called San Diego police.

Police issued Tubig a misdemeanor citation, and the Shore Patrol then escorted him off the base.

In a telephone interview Wednesday, Staples was reluctant to discuss the incident. However, she said she is undergoing psychological counseling because of what happened. She also said the Navy is “trying to make my work environment better.”

Staples said she was only following up her mother’s example of standing up for herself when she pursued charges against Tubig.

“I am learning from my mom. She’s always taught me not to walk away and not do anything if I’m not being treated right,” she said.

The Navy acknowledged Tuesday that an incident had occurred Feb. 16, but further details were withheld. Miramar spokesman Doug Sayers called the incident a case of “simple battery” and denied that it included allegations of sexual misconduct.

Although Sayers denied Tubig was arrested, San Diego police said Tubig was in fact placed under arrest and released after he was issued a misdemeanor citation, with the promise to appear in court April 3.

Sayers refused to discuss the incident but issued the following statement:

“An employee of the NAS Miramar Naval Exchange was cited for simple battery on Feb. 16. The alleged assault took place at the exchange. The SDPD was called and issued a citation. The employee was not arrested.”

Three days after Tubig’s arrest, Miramar officials ruled against the claims made by the female lifeguard, who says her complaints of sexual harassment by a sailor were improperly addressed by the Navy. The woman’s charges were raised in a grievance petition.

Claire Fullerton, who worked as a lifeguard at the base’s swimming pool, said in a telephone interview Tuesday that she was pressured to sign a statement saying she voluntarily chose not to pursue charges of sexual harassment.

Fullerton showed The Times two handwritten statements, both dated June 10, 1991, in which she detailed her sexual harassment complaints. The first statement, which was made to Virginia L. Rogers, was written on a form titled “Department of the Navy Voluntary Statement.”

Rogers was identified on the form only as someone from “Miramar security.”

The second statement, which repeats the charges made on the Navy form, was written on two plain sheets of paper. However, the second statement contains two postscripts in which Fullerton wrote that she did not want to pursue the matter further. Fullerton said she was instructed by her supervisors to write the second statement to Barbara Ford, the manager of the pool.

“I wrote and signed the second statement under duress. I was told that, if I continued to complain about the harassment, I would lose my job,” said Fullerton, a single mother with two young children.

In a letter to Fullerton, Navy officials said they used her second statement--the one written on blank paper with the postscripts--in their decision to deny her grievance.

The letter was signed by Richard W. Soule, director of Miramar’s office of morale, welfare and recreation. In the letter, dated Feb. 19, Soule said that he found Fullerton’s repeated claims of sexual harassment unbelievable.

Furthermore, Soule noted that Fullerton’s written statement to Ford included her wish not to pursue her charges of sexual harassment against the sailor.

” . . . You considered the actions taken by Ms. Ford in this matter to be appropriate . . . you were aware of your rights, and you made a fully informed decision not to pursue your complaint,” wrote Soule.

Soule also cast doubt on Fullerton’s claim of sexual harassment and accused her of lying.

“It seems apparent to me that your attempt to misrepresent what took place with regard to this complaint is deliberate in nature and certainly calls into question the truthfulness of the other incidents you relate in your grievance,” Soule wrote.

Fullerton said she did not lie about the harassment and repeated her allegation that she was coerced into adding the postscripts to the statement she wrote for Ford.

Miramar spokesman Sayers could not be reached for additional comment Wednesday evening.

On Feb. 20, the Navy announced a toughening of sexual harassment regulations. The new regulations apply both to civilian employees and sailors.