DECISION OF THE BOARD OF DIRECTORS
This case is before the Board of Directors (“Board”) pursuant to a petition for review filed by Kevin Evans (“Evans”) (black) against the United States Capitol Police Board (“USCP”). Evans seeks review of the Hearing Officer’s January 6, 2015 Order, which found in favor of the USCP on Evans’ four retaliation claims and one claim of disparate treatment based on his race (black).
Upon due consideration of the Hearing Officer’s Order, the parties’ briefs and filings, and the record in these proceedings, the Board affirms the Hearing Officer’s decision on all claims.
I. Background
Employment History
Evans began working for the USCP in 1990. He alleges that he is a claimant in the Blackmon- Malloy v. United States Capitol Police Bd. case, a Title VII race discrimination lawsuit brought by a number of black USCP officers in 2001. See Blackmon-Malloy v. United States Capitol Police Bd., 338 F. Supp.2d 97 (D.D.C. 2004) (“Blackmon-Malloy”).
In 2006, Evans was promoted to Sergeant. Also that year, the USCP found that Evans violated its Anti-Discrimination/Anti-Harassment (“ADAH”) policy when Evans used a leather memo pad to touch a female officer’s buttocks. The USCP suspended Evans for five days without pay and required him to take two hours of sexual harassment training as part of his discipline.
Investigation
In summer 2012, three USCP officers filed internal complaints against Evans with the USCP’s Office of Professional Responsibility (“OPR”). The first officer’s (race unknown, male) allegations against Evans included, but are not limited to, Evans failing to properly conduct his job, assigning a part-black female officer to unfavorable posts, making inappropriate remarks to the part-black female officer and other female officers, harassing and intimidating the part-black female officer, attempting to cause friction among officers, partnering with a black female sergeant to conduct a very hostile and unprofessional roll call, causing 10 employees to transfer from a shift, and harassing officers for allegedly not following policy.
