U.S. OFFICE OF SPECIAL COUNSEL ANNOUNCES FAVORABLE SETTLEMENT OF WHISTLEBLOWER’S COMPLAINT IN ALLEGED CHILD ABUSE CASE

FOR IMMEDIATE RELEASE - 9/17/98
CONTACT: JANE MCFARLAND
(202) 653-7984      

    The U.S. Office of Special Counsel (OSC) today announced the favorable settlement of an action it filed with the Merit Systems Protection Board on behalf of Ms. Joyce Feilke against the Department of Defense Dependents Schools (DODDS) under the Whistleblower Protection Act.

    Ms. Feilke was hired by DODDS as guidance counselor for W.T. Sampson High School in Guantanamo Bay Cuba in August 1993. During her tenure as counselor, Ms. Feilke alleged that the Principal mishandled a child’s allegation of abuse by failing to report it to the proper authorities and preventing Ms. Feilke from reporting it. Soon after Ms. Feilke disclosed the allegations to a Navy Office of Inspector General (OIG) inspection team and to a DODDS employee relations specialist, DODDS terminated her employment claiming that there were problems with both her conduct and performance.

    Ms. Feilke filed a complaint with OSC alleging that her termination violated 5 U.S.C. § 2302(b)(8), which makes it a prohibited personnel practice to take, fail to take, or threaten to take or fail to take a personnel action against an employee for disclosing information which the employee reasonably believes evidences a violation of law, rule, or regulation or abuse of authority. OSC conducted an investigation that uncovered reasonable grounds to believe that the real reason DODDS had terminated Ms. Feilke was because of her disclosures to the Navy OIG team and to the DODDS employee relations specialist.

    Special Counsel Elaine D. Kaplan expressed OSC’s satisfaction at what she called “a fair and favorable settlement” of Ms. Feilke’s claims. “This case,” the Special Counsel observed, “demonstrates OSC’s commitment to protecting the statutory rights of whistleblowers and our willingness, in appropriate cases, to pursue litigation on their behalf.”

    The specific terms of the settlement agreement, which grants Ms. Feilke a cash settlement in exchange for withdrawing her complaint, are confidential. 

    The U.S. Office of Special Counsel provides an independent avenue to protect merit systems principles in federal employment. OSC receives, investigates, and prosecutes before the MSPB, charges concerning the commission of prohibited personnel practices, with priority given to protecting whistleblowers. In addition, the Office provides a secure channel for federal employees who possess information regarding legal violations, gross mismanagement, fraud, waste and abuse.

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