VCU professor, victim of sexual assault at massage salon, says firms must change policies,...

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Danielle Dick, a professor at Virginia Commonwealth University, is breaking her silence about a sexual assault that took place two years ago at a massage salon in the Richmond area.


“Powerful corporations, like powerful men, cannot expect to get away with this behavior or get off with a mere apology anymore,” said Dick, a psychology and genetics researcher.


The magnitude of sexual harassment and assault is finally receiving the attention it deserves, she said, with women coming forward to tell their stories, starting with reports about Hollywood producer Harvey Weinstein and sparking a series of scandals roiling the film business and other industries.


While the tawdry truth might be magnified in Hollywood, it’s not isolated to the casting couch or that section of the country.


In Dick’s case, it was on the massage table in the middle of a Sunday afternoon at the Willow Lawn shopping center in Henrico County.


“I’ll spare you the horrible details of those 90 minutes at Massage Envy, but in the end I found myself with a masseuse’s hand around my throat, and then face down with his hand covering my mouth while he violated me,” she said.


At the end of the session, the masseuse whispered, “Our little secret, OK?”


Her case went to trial last year. Daeshawn Bullard, convicted of sexual battery and forcible sexual object penetration, is serving five years in prison, according to Henrico Circuit Court records.


The Richmond Times-Dispatch usually doesn’t identify sexual assault victims, but Dick has chosen to go public so she can shed light on the problem and possibly prevent others from becoming victims.


Another case involves an alleged sexually hostile work environment at Iggbo Inc., a Henrico-based health technology company, created by the purported harassment of a female executive by her direct supervisor.


The attorney for Janis Rosenberg, then the company’s vice president of operations, presented an internal complaint on or about March 10 to Mark Van Roekel, president and chief operating officer at Iggbo, alleging his behavior was inappropriate and he had made sexual advances.


Van Roekel tried to get the complaint dismissed but was suspended from his job pending the outcome of an investigation one day after upper management found out about the charges, according to attorneys for Rosenberg and Iggbo. Three days later, Van Roekel committed suicide.


Rosenberg’s complaint was filed in late April with the Equal Employment Opportunity Commission, which issued a letter in August granting the right to sue, said James B. Thorsen, an attorney representing Rosenberg.


A lawsuit was filed Oct. 12 against Iggbo and executives Nuno Valentine and Shaival Kapadia, alleging sex and pay discrimination, retaliation, breach of contract and defamation in addition to a sexually hostile work environment. Valentine is CEO, while Kapadia is the chief medical officer.


According to the lawsuit, Rosenberg was subjected to unwelcome, continuous and extreme sexual harassment. One time, when she asked Van Roekel again why she hadn’t received an equity position as promised in the company, he replied, “Why haven’t we had sex yet?” the suit says.


The suit accuses Valentine, after learning about the allegations, of bullying and using accusatory language toward Rosenberg, who involuntarily resigned April 18 on the advice of her physician and escalating abusive behavior by Valentine, the suit says.


Mediation to work out a possible settlement is scheduled for Tuesday.


“Iggbo places the highest priority on fair treatment of all employees,” the firm said in a statement. “The company is committed to creating a diverse and respectful workplace culture free from all unlawful discrimination. While Iggbo cannot comment on the litigation directly, the company takes any allegations of sexual harassment, discrimination or a hostile work environment extremely seriously and it is continuing to conduct a detailed investigation.”


Thomas H. Roberts, a lawyer representing Iggbo, said anyone can file a lawsuit but that doesn’t mean the charges are valid. “Reporting the sexual harassment to the alleged harasser ... makes as much sense as reporting it to herself, since she was VP of operations,” Roberts said.


Material discovered in the investigation calls into question to what extent the alleged statements by Van Roekel were unwelcome, which is a necessary element for sexual harassment, Roberts said.


Unlike many women in her predicament who are shamed and shunned into silence, Dick — a tenured professor who has worked with VCU to develop its policies regarding sexual harassment — said she knew what to do and was compelled to press charges.


Despite her knowledge of the subject matter, “the victim impact statement at the sentencing was extremely emotionally draining,” she said.


Dick said the burden of carrying the secret of what happened to her and how this could happen to others was making her feel sick. “I hope to use what happened to me to create positive change.”


She said she wants to send a message to Massage Envy, a national chain with nearly 1,200 locations across the country, that it needs to change its corporate policy and put procedures in place to support victims of sexual assault.


An internet search shows that her ordeal was not isolated. The Scottsdale, Ariz.-based company is facing similar lawsuits in the Washington, D.C., and Orlando, Fla., areas. A multimillion-dollar lawsuit accuses the company of covering up suspected sexual assaults.


“We are deeply committed to preventing the preventable incidents of inappropriate conduct,” Massage Envy said in a statement Friday.


“Our policies require that franchised locations follow a rigorous hiring process, including extensive background screenings, reference checks and ensuring therapists meet state licensing and certification requirements. Franchisees must put every therapist through a mandatory training program, which has been recognized by the industry as a model for teaching safe, professional practices.”


Massage Envy said it enforces a strict code of conduct and zero tolerance policies and imposes serious consequences for those who violate them. “While we believe our policies and standards are the most stringent and comprehensive in the industry, we are constantly working to enhance them, and that work includes listening to clients of Massage Envy franchised locations, like Ms. Dick.”


The company said it has a reporting process in place and holds franchised locations accountable for treating clients with respect and giving them whatever support they need, including support for reporting incidents to law enforcement.


“Due to confidentiality obligations held by all parties, we are not able to comment on specific details of the active litigation filed by Ms. Dick or about the ongoing confidential settlement discussions.”


While the criminal case is resolved, Dick has filed a civil suit against the company.


Dick said she immediately reported her assault to the person on duty at Massage Envy and repeatedly told her that they needed to call police. Dick said she was informed that Message Envy would handle the matter internally and it was not necessary to call the police, she said.


Dick went to a Henrico police station, where she tearfully waited hours and, in a state of shock, filled out a report, she said. In the middle of a crowded lobby, she presented details about the assault.


A Massage Envy manager called her the next day to say the company understood she was not happy with her experience, so she would not be charged for the massage and she could discontinue her membership without penalty. She said she never heard from Massage Envy through 11 months of trial and court proceedings.


She said she endured a long, painful and humiliating trial, where her assailant’s attorney asked what she was wearing and whether she might have done something to give the wrong impression, as if she — the victim — had somehow contributed to the assault. She went to the location wearing a sweatsuit and no makeup.


The therapist maintained through the trial that he did what he did for her pleasure, Dick said. “Many perpetrators of sexual harassment and assault hold the warped view that their victim actually wanted it.”


Employees should expect to be treated fairly and respectfully without fear of retaliation or loss of job or opportunity because they refuse to engage in nonconsensual behaviors, said Richmond attorney Karen Michael.


Upon being given notice of an allegation, employers should conduct an objective investigation, said Michael, who specializes in work law, training and investigations.


“A skilled investigator must conduct a fair and thorough investigation and get to the truth, make a finding and sometimes recommendation,” she said.


The EEOC reported that it received 6,758 sexual harassment charges nationwide of a total of 91,503 allegations filed in the fiscal year that ended Sept. 30, 2016. The number is down from nearly 8,000 allegations of sexual harassment received by the agency in the 2010 fiscal year but could rise in the current year in light of the recent flurry of accusations.


Although most employers rely upon the findings of an investigation, some ignore findings or choose to do nothing with the results, Michael said. “This can occur in any situation but typically when there is an elected official, or the individual is appointed by an elected official or the person who has committed the misconduct is senior-level, long-term and/or high-producing.”


Unfortunately, employers who ignore findings create a culture where misconduct is tolerated — and employees get no relief from an abusive work environment, Michael said.


“Of the investigations I have conducted, very few have resulted in the employer failing to take what I believed to be appropriate action. More often employers don’t retain an experienced investigator and ignore complaints, fail to conduct an investigation and/or retaliate against an employee who complains, and these bad actions result in a culture of misconduct.”


Organizations should set the tone at the top for zero tolerance of harassment and abuse of power, she said.


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