CONFIDENTIAL

State of Washington
Department of Corrections
Office of Correctional Operations

Special Investigations Unit
Case File
HQ Ol-06-06-FOl

CONFIDENTIAL

0419

STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS
WASHINGTON CORRECTIONS CENTER FOR WOMEN
MS: WP-04 • 9601 Bujacich Rd. N.W .• Gig Harbor, Washington 98332-B300

WARNING
THIS FILE IS THE PROPERTY OF THE
WASHINGTON CORRECTIONS CENTER FOR WOMEN
INTELEGENCE & INVESTIGATIONS UNIT (IIU)
Content may be disclosed only to person whose official duties require access.
Contents may not be disclosed to the party(s) concerned nor to counsel, without
specific authorization of the superintendent.
CASE TOPIC:

Alleged staff misconduct by Correctional Industries Supervisor
Robert Markel.

CASE #:

WCCW 01-002-06

DATE OPENED:

01·03·06

W\TE CLOSED:

01-20-06

Sign and date at time of review or receipt
IN OFFICE REVIEW

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"Working Together for SAFE Communities"

0420

Sexual Assault Case Initiation Form

DATA COLLECTION

Special lnvestiqation Unit (SIU) Case Number: HQ 10-65-05-F01
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· · · .•·•. ·DO'NOT INCLUDE,NAMEi'OROT;HERiDENTIFYINGINFORMATION
IZJ Offender Victim
0 Other Offender
0 Staff member
o Family / Friend
OOther (specify)
0 Anonymous

Complainant

o Offender-an-Offender Sexual Assault
o Offender-an-Offender Abusive Sexual Contact
IZJ Staff Sexual Misconduct
0 Staff Sexual Harassment
o Offender-an-Staff Sexual Assault
0 Staff-an-Staff Sexual Assault
CRIME INFORMATI<.:;I.I~",c"","·xi
:ii"'::;""'\'.!'·.··,'!!'·,··,, •....-.." "e;'.i;"·:,"'" . ",." . . ."".' . . . . ',..., ':'

Type of Allegation

Time/ Date:
Facility (If applicable):
Specific location for
Prisons and/orWork
Releases:

10/23/05
WCCW

o Cell

0

0
0

Common area I Day room

Dorm / other multiple housing area
0 Food Services
Correctional Industries
0 Medical/Health Services
OOutside the Facility.
Din transit
OHospltal
OCour! / Jail
0 Program Area.
Yard
0 Gym
0 School
ORestroom.
Din housing unit
Din program I work area
0 Shower
IZJ Staff oniy area
Temporary holding cell
Work area (other than CI)
Unknown
0 Multiple locations (indicate all)
Other (specifv):
Specific location for
Offender home
0 Field Office
0 Home of Offender Family / Friend
Community Custody
0 Offender work location
Motel
0 Multiple locations (indicate all)
and/or Work Releases:
Other (snecifv):
Community medical provider
Treatment of Injuries:
0 Internal/facility health services
0 Hospital
.
0 Other (specify),
IZJ None (include reason): _ No Injuries noted at exam
0 Iniuries confirmed by:
.nc~nr\r>D~DuICS'20t:J:t::;I"IL
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o

o
o
o

o
o

o
o

IZJ

Victim

0
0

Suspect / Perpetrator
No offender involved
Race: While

o

Gender: Female

Age: 48

Height: 4'10"

Weight: 139

Documented Intelligence Level:

NA

Documented Mental Health
Issues:

Violence

RMA

DEMOGRAI?HICS""STAF8:..INOLUNTEER'lCONTRACTOR·#1>i..,vi',:' . ,.. . .
0 Victim
o Permanent Employee
IZJ Probationary Employee

lEI
0

Suspect I Perpetrator
No staff involved

o Volunteer
0
0

" . . . . '.,.'.. ,.'

o Contractor
o Other State Agency

Gender: Male

Intern
Other (specify) . INT
Age: 38

Race White

Height: 6'9"

Weight: 250

# of months of unbroken service: 11

0421
Page 1 of 3

Special Investioation Unit (SIU) Case Number: HQ 10-65-05-F01
.'. DONOT INCLUDENAME,'OR'OTHER IDENTIFYING]NFORMATION:' .• ". . '
Documented completion of Staff
Sexual Misconduct Training:
Related Disciplinary / Counseling
Contacts In Past 5 Years:

No

[8J Yes
[8J No

Dale of mosl recent 09/2005

DYes
Single
Divorced
No

Number.

o
o
o
o Yes (specify).

Marital Status:
Recent Major Life Event (e.q.,
divorce, bankruptcy, financial
issues, death of significant
ind ividual, etc.):

INITIALRESPONSE·

0

[8J Married

o Widowed
_

[8J Unknown / information nol available

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0

Rape kit completed:
Separation of Parties Involved:

No
Why. _
[8J Yes
Hospital: Harrison Hospital
Officer placed on home assignment

Victim Services Offered

o None

Why.

[8J Yes (indicate all)

o Community service provider

[8J Facility mental health services

o Oth~speCify).
INVb r1GATIONINFOo.·
Case Assigned To:
Date Assigned: 10/23/05

INVESTIGATION,

o Substantiated

!9l Facility I & I

o Facility Staff

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bI HQ Special Investigations Unit
OOther (soecifv position onlvr
Date Report Submitted.
# of Victims. 1
12-20-2005
~LUS IUI'l::C' .'
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[8J Unsubstantiated
(Evidence was insufficient to make a
final determination that the event
occurred)

0

Community Corrections Staff

# of Perpetrators. 1

o Unfounded

(The event was detennined NOT to
have oocurred)

ASSJGNM EN;rSbf\CoMA1:;E;j)IONjbfINs.r-ES;rIGA;rIQN(cdmj5IEite'lfQ(alld~ses)~.;
Offender #1 Assignment (include
for each offender involved)

[8J Victim
0 Suspect / Perpelrator
No offenders involved

o

'\.'.;'

.. / •..,

Community Corrections / Work
Release Offender:
0 No change
Assigned to new CCO within
same office
Assigned to new field office
Prison I Jail
Prison I Work Release / PreRelease Offender:
[8J No change
Facility transfer
Segregation
Intensive Management Unit
Protective Custody

o
o
o

o
o
o
o

0422
Page 2 of 3

Special Investigation Unit (SIU) Case Number: HQ 10-65-05-F01
,
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OR OTHER IDENTIFYING INFORMATION
'. DO NOT INCLUDE NA:ME
g Victim

Staff #1 Assignment (include for
each staff, volunteer, contractor,
intern involved)

.'

DOC Staff Member:
[gJ No change
0 Assigned to home
0 Assigned to new position within
same facility / office
0 Assigned to new facility / field

[gJ Suspect / Perpetrator

0

-I

No staff involved

office

0

No lonqer with DOC
Volunteer, Contractor, Intern:
0 No change
0 Assigned to new position within
same facility / office
0 Assigned to new facility I field
office
0 No longer with DOC or permitted
in DOC facilitv / office

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Offender Discipline (include
section for each offender
involved) - Insert additional lines
if needed

0

Staff Discipline (include section
for each staff member involved)
- Insert additional lines if needed

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Not Applicable

[gJ No

Why:

0

Yes

Rule Violation:

0

Not Applicable

Sanction:

Case Referred for Prosecution

[gJ No

Why:

0

~ No

Counseling
0 Reprimand
Suspension
0 Demotion
Termination
Resionation prior to discipline
Why: Case was unsubstantiated.

0

Outcome of Prosecution:

Yes (indicate all)

Yes

0
0
0
0

0423
Page 3 of 3

STATE or WASHINGTON
DEPARTIVIEI-H OF CORRECT~ONS

OFFICE OF C:ORRECTIOhIAL ClPERATIOI.S
WASHII.GTON C:ORR"CTIOi'$ CENTER FOR WOIIIIEI,
P.o Elm: 17, IvlS Wp·.(l<l· B601 EiLJJ~lc;ICh Fiei !'J W . Gig Harber. WA9B33G·0017

January 20, 2006

TO:

JanePamel1
Associate Superintendent

FROM:

Andrew Cozzolino
~
Correctional Investigator

SUBJECT:

Alleged staff misconduct by Correctional Industries Supervisor
Robert Markel. Case WCCW-OI-002-06 ..

L/c::...

Svnopsis:
3 2006 I was reviewing offender mail. There was a letter from Offender
addressed to Ms. Linda Farmer. The letter in part said "As
always's Inmate
who is having a fling w/our floor boss Mr. Markel."
(See attachment 1)
Investigative Actions:
On January 3, 2006 I met with andbriefed Ms. Kathryn Straight, General Manager of
Correctional Industries. She stated she had not seen any behavior she considered
inappropriateby Mr. Robert Markel. Sheprovided a written statement.
(See attachment 2)
On Janum)' 3, 2006 at approximately 1520, I met with and interviewed Offender.
in the Main Institution (MI) Visit ROOl"!!- Offe~-;;;tted
~he letter, and said it was her opinion that Offender, - . - .
~ d Mr. Robert Markel were displaying inappropriate behaviors, WIlen asked, "
Offender_aid Mr. Markel's officeused tobe located in the back office of the
Correctional Industries (CI) Draftingroom. While it was there Offender_ used to
go in and sit with him, she would sit side-by-side with the side of her body against his.
She added that sometimes they wouldhave the lights off and no one knew what they
were doing in the office. On numerous occasions she notice Offender_icking
her lips while staring at Mr. Markel and acting provocatively.

042'!

_to

Offender~tated she told Offender
stop, but was told "I can't help it, I
.
like him." She noted that there have been times when Offendel_will use an
excuse to rub against or touch Mr. Markel.
'
Offender.stated Mr. Markel's office had been moved to the front, along the
windows facing "A" building. She added that Offender_desk had been moved
from the windows to the front area, Offender"stated this did not change the
amount of time Offender_pent with Mr. Markel, but due to the configuration of
the desks they could no longer sit side-by-side. She said they sit and talk for anywhere
up to three hours, depending on who is in the office area. She said she has heard them
discuss personal topics, including family, children, spouses and marital issues.
On January 9, 2006 at 1410 I met with and interviewed Offender
~t the MI Visit Room. Offender.stated she has worked at the CI Drafting
program for approximately one and a half years. She described her workstation as
situated between Mr. Santo's and Mr. Markel's. She said she has not seen any offender
spend long amount of time with Mr. Markel, she added that when Mr. Markel was in the
office any offenders were allowed to talk to him concerning work issues. She said that
the door was always left open when an offender went in the office. She said Mr. Markel
has talked about his family in front of the CAD program offenders, she specifically said
"He talked about how pretty his daughter was because she got dressed ~ce."
She also said that Mr. Markel spends long amount of time at Offender_
workstation, but she thinks its work related. She added that she can only see Offender
~orkstation, but can not hear any conversations.
On January 11, 2006 at 0945 I met with and interviewed Offender
.n the MI Visit Room. Offender_ s t a t e d she has worked in the CI
Drafting program since 1996 and her current supervisor is Mr. Robert Markel. She
denied ever seeing any inappropriate contact between Mr. Markel and offenders. She did
admit that Mr. Markel would share details of his personal life with the offenders in the
CAD program, but she stated it was just minor details. As an example she said he talked
about using his computer at home.
~ry

11', 2006 at 1017 I met with and interviewed Offender
the MI Visit Room. She stated she has been in the CI Drafting Program since
2003, and her supervisor is Mr. Robert Markel. She said she has seen Mr. Markel behave
~ately with Offender
She stated that Offender
~ould lean over Mr. Markel to show him things on the computer. That Mr.
Markel had eaten lunch at Offender_ _esk and he would share personal
information about his home life. Offender~escribed his behavior as "stepping over
professional boundaries."
~

0425

_n

On January I l , 2006 at 1050 I met with and interviewed Offender
the MI Visit Room. She stated she started the CI Drafting program in January
~dthat her supervisor isMr. 'obert Markel. She denied every seeing any
mappropnate behavior and denied every hearing any staff member talking about their
persona] information.
;

On January] ] , 2006 at ] 103 I met with and interviewed Offender
in the M] Visit Room. She stated she had been in the CI Drafting program
since July 2005 but since transferred to the Prison Pet Partnership Program. She said she
has never seen any inappropriate behavior by Mr. Robert MarkeL She admitted he did
talk about his family life, but added it was only small things. As examples she said he
talked about how his family "celebrates Halloween by having a pajama night," and that
his "wife was flying to New York and there was a transit strike in New York."

_in

On January 1],2006 at I ]23 I met with and interviewed Offender
the MI Visit Room. She stated she worked in the CI Drafting program since
May 2000 and her supervisor was Mr. Robert Markel. She denied every seeing any
inappropriate contact by Mr. Markel, but admitted she tries to stay isolated from
everyone else. She did admit to overhearing Mr. Markel have personal conversations.
As an example she stated he talked about "fixing cars" and small stuff like that.
On January 11, 2006 at 1307 I met with and interviewed Offender
in the MI Visit Room. She stated she worked in the CI Drafting program
since January 2005 and her supervisor was Mr. Robert Markel. She denied ever seeing
any inappropriate conduct by any staff, and denied ever hearing personal conversations
by staff.
On January 11,2006 at 1515 I met with and interviewed Industry Specialist Joseph
Santos in the Intelligence and Investigation Unit Office. Mr. Santos stated he is Mr.
Robert Markel's supervisor in the CI Drafting program. He stated he counseled Mr.
Markel on approximately December 29, 2005 for not having appropriate boundaries with
offenders. He stated Mr. Markel was not being inappropriate, but would get too close to
offenders while showing them how to operate the computers. He also said Mr. Markel
has shared personal information, like "buying a new car" and "small stuff."
On January 12, 2006 at 1226 I met with and interviewed
at the MI Visit ROOm. Offender_stated she has worked since April 2002 in he CI
Drafting program and her supervisor is Mr. Robert Markel. She admitted she has had one
on one conversations with Mr. Markel, but said they were all work related. Offender
_ a l s o said she has eaten lunch with Mr. Markel a few times, but that it was in the
open. She admitted there was some physical contact between her and Mr. Markel while
they were working on the computer. . She claimed the contact was unintentional and not
sexual in nature, she described the contact as brushing against his arm. She also admitted
to hearing Mr. Markel have personal conversations saying he would talk about his "car"
and "taking the kid to the dentist."

0426

On .1 anuary 12, 2006 at 13 J 0 I met with and interviewed Correctional Industries
Supervisor Robert Markel in the Intelligence and Investigations Unit. Mr. Markel stated
the longest he was ever alone with an offender was approximately 30 minutes, and it was
for a counseling session. He said it took place in the hard walled office with the door
closed, but he always made sure Mr. Santos could see him through the windows. He
could not reca1l ifhe had ever turned the lights off while an offender was in the office
with him. He also admitted he was counseled and given a letter in his file for not having
appropriate boundaries with offenders. He admitted he would reach and lean over
offenders while they were on the computers, and that he would also allow them to reach
over him. Mr. Markel said that since he has been counseled he has paid more attention to
his boundaries. When asked, Mr. Markel said he has had personal conversations with
offenders but that the conversations were about general items like "relatives, cars,
sports." He admitted that he should not have personal conversations with offenders and
can correct the behavior. Mr. Markel provided a voluntary written statement.

Conclusion:
Mr. Robert Markel admitted his supervisor (Mr. Joseph Santos) has reprimanded him for
not setting proper boundaries with offenders.
Mr. Robert Markel admitted he would lean or reach over offenders while they are
working on the computer to show them how to complete something.

Mr. Robert Markel admitted he would allow offenders to lean or reach over him while he
was working on a computer.
Mr. Robert Markel admitted to having personal conversations with offenders; hoth as
individuals and in a group.
Attachments:

1.
2.
3.

Photocopy of a letter written by Offender
dated 12-23-05.
Letter from General Manager Kathryn Straight dated 01-04-06.
Written statement by Mr. Robert Markel dated 01-12-06.

0427

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]-JA1WLD CLAIH~E
SeCICliH)'

STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS
OFFICE OF CORRECTIONAL OPERATIONS· CORRECTIONAL INDUSTRIES
Washington Corrections Cemcrfor Women - J Bllilding
MS WP-01

Y601 Brljacich Road I~W
Gig Harbor. WA 98332-8300
Phone (253j 858-4200. Ext. 1365 • Fax (253j 858-4642

January 4, 2006

TO:

K~lIy Kelly
Andrew Cozzolino

FR:

Kathryn Straight, General Manager

RE:

Ms.

statement about Mr. Robert Markel

..-...,as

During the month of October 2005, Ms.
asked to train Ms._s.rePlacement in
her clerk position within Correctional Industries' ProCAD operation. It was difficult for
0 "let go" of her
and allow Ms~ gradually take o~as\a;. Mr. Joe Santos CI's
functions, train
Industries Supervisor 2 over ProCAD, disc~me the difficulty~ving in letting Ms. _
into her "kingdom". This position is crucial, in that all work goes through this position for project recording,
assigning and billing.

Ms"

a_

During the week a f t e r _ release Catnv Carlson CI staffassisting"', transition and getlin~
connectedwith her new position as
workingfor CI's Fast FulfillllJ/iJJJ,fenter
) called me to relay a comme
made to her. She mentioned that "tated that Mr.
Markel was getting too close to Ms
d she _
wanted me to know so I could be aware of it and
help Mr. Markel to "not get into trouble".
I spoke confidentially with Mr. Joe Santos, supervisorof ProCAD, regarding the comments from

_
asked him if he observed any behavior that could be perceived as "too close" between Robert and'iVls.-r
Joe stated that Robert spent additional time with Ms._during the training period ... especially when
"esisted sharing her wealth of information. I left it to Joe regard~ing the matter with Robert and
instructed him to be aware of the interactions bet.ween Robert and M s . _ . and t.o make snre to
immediately correct any behavior which could appear to be inappropriate.

_0

I have spent extended time since that time observingProCAD's operation. Additionally, I have spent substantial
time with Ms.
underst.and her role in the operation. I found her t.o be outgoing, friendly and willing t.o
assist with any request.
I have not, t.o date, observed any behavior t.hat I felt could be const.rued as inappropriate. I saw no appearances of
favoritism, no inappropriate physical closeness or t.ouching on the part of any st.aff or offenders.

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