OSCEOLA COUNTY, Fla. – A lieutenant with the Osceola County Sheriff’s Office accused of making a female employee “uncomfortable” by touching her hair and striking her in the buttocks with his lanyard was cleared of violating the agency’s sexual harassment policy, records obtained by News 6 show.
Lt. Donald Macallaster later received counseling for what the agency determined was “unwelcome conduct,” documents show.
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The sexual harassment allegations were not investigated by the agency’s Internal Affairs division, which typically handles complaints about employee misconduct.
Instead, the accusations against Macallaster were the subject of a less formal “inquiry” conducted by his supervisor, records show.
According to Osceola County Sheriff’s Office policy governing sexual harassment, “Internal Affairs shall investigate the complaint unless the Sheriff or designee assigns the matter to another investigator.”
Representatives for Sheriff Marcos Lopez did not respond to questions from News 6 specifically asking why the complaints against Macallaster were handled as an “inquiry” rather than a formal internal affairs investigation.
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“Supervisors with the Osceola County Sheriff’s Office heard of an employee feeling uncomfortable at work and took it upon themselves to launch a formal inquiry,” an unnamed sheriff’s office spokesperson said in an email to News 6. “The incident was never reported by any employee as a formal complaint.”
However, a document titled “Initial Complaint/Final Disposition Form” provided to News 6 by the sheriff’s office through a public record request indicates the agency did receive a “complaint” about alleged sexual harassment.
The in-person “complaint” was made by Billy Ostrander, a sergeant with the Osceola County Sheriff’s Office, the document states.
The sheriff’s representatives did not respond to a follow-up email from News 6 seeking clarity about their statement claiming no formal complaint was made.
On Jan. 15, records show Ostrander asked to meet with Capt. Lori Mingione about a conversation he had earlier that day with a female employee who reported feeling “very uncomfortable.”
The female employee’s name and details about her position were redacted from records obtained by News 6 because she is an alleged victim of sexual harassment, the agency said.
The following day, Mingione met with the alleged victim, whom the captain described in a report as being “very emotional” and was “openly crying.”
The alleged victim explained that Macallaster often stood behind her so closely she could feel his breath and would place his groin area near her face while she was seated at her desk.
“(The victim’s) unit has coined the term ‘tea bagging’ for his behavior in this manner towards (the victim),” a report states.
According to records, when the alleged victim once removed a cup from Macallaster’s desk that left behind a ring of condensation, the lieutenant reportedly told the victim, “You left a wet spot on my desk.”
The alleged victim said she felt the comment was inappropriate and made her feel uncomfortable, records indicate.
Macallaster referred to an unidentified item stuck to the alleged victim’s desk as “sticky boobs”, she claimed.
When the item no longer adhered to the desk, Macallaster allegedly asked the woman, “You no longer have sticky boobs?” which she found inappropriate, the report indicates.
During a conversation with a group of people, the alleged victim said Macallaster reached out and twirled his finger in her hair while calling her “a blonde,” documents state.
On Jan. 15, the day the sexual harassment complaint was documented, “Lt. Macallaster used the metal chain on the (Criminal Investigation Division) badge holders to strike (the alleged victim) in the buttocks area,” records show.
“(The alleged victim) got very emotional describing this incident,” records show. “(She) felt this was highly inappropriate and was shocked at this behavior.”
The alleged victim said she told Macallaster to stop touching her, documents indicate.
“(The alleged victim) confirmed (she) felt safe at work and believed he would stop the behavior based on their conversation,” Mingione wrote in a report.
Mingione later met with Macallister and informed him to avoid contact with the alleged victim, records show.
There is no indication from records provided to News 6 that the captain asked Macallister any questions specifically related to the allegations, nor do the records document any response by Macallister.
Mingione also interviewed another unnamed sheriff’s office employee who reported receiving “weird” frontal hugs from Macallister, rather than “side hugs”, but said his actions were not inappropriate.
In a written report, Mingione concluded that Macallaster did not violate the agency’s sexual harassment policy.
Mingione, who oversees the agency’s Criminal Investigations Division and previously worked in the alleged victim’s unit, said employees in the unit discussed topics and made comments that “outsiders” might deem inappropriate.
“When assigned to that particular unit, conversions involving topics of sex, different kinds of sex, different fetishes and sexual contact with minors is a daily occurrence based on the types of investigations they conduct,” wrote Mingione. “While not the norm for most employees, based on the criminal activity these detectives investigate, they do become the norm.”
Mingione said there is a comradery among the detectives and their supervisors that does not end when one person is transferred out of the unit.
“Often, this unit uses humor to minimize the traumatic details they must focus on daily,” Mingione wrote.
Macallaster continued to socialize with members of the alleged victim’s unit on a regular basis despite being reassigned to a different role, according to Mingione.
“It is my belief based on information obtained during this inquiry, along with personal knowledge of the working relationships and environment within the unit, I do not believe these occurrences constitute a violation of agency policy under sexual harassment,” Mingione wrote.
However, Mingione said she believed Macallaster violated a different policy prohibiting “unwelcome conduct,” which is described as “actions or comments that the complainant did not solicit or incite and are reasonably regarded as undesirable or offensive.”
On Jan. 17, two days after the sexual harassment allegations were first reported, records show Mingione conducted a “corrective counseling” session with Macallaster.
“(You) are reminded to be aware of your actions towards all employees and to remain professional during encounters with fellow employees,” a record of the meeting states.
Although Mingione concluded Macallaster did not violate the agency’s sexual harassment policy, she directed the lieutenant to attend a class about “sexual harassment” and “inappropriate behaviors in the workplace,” records show.
Macallaster did not respond to an email sent to the sheriff’s media office offering him an opportunity to comment on this story.
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