WASHINGTON — A Navy commander accused of sexual misconduct while dressed as Santa Claus at a boozy party inside the Pentagon was allowed to stay on as spokesman for the Navy’s top admiral despite written warnings that the commander was a sexual predator, USA TODAY has learned.

Cdr. Chris Servello, 41, was accused by fellow officers and a civilian of making unwanted sexual passes and slapping a woman on the buttocks while dressed as Santa at the 2016 office Christmas party for Navy public affairs officials, documents obtained by USA TODAY show.

Servello was not reassigned as spokesman for Adm. John Richardson, the Chief of Naval Operations, until mid-August, just weeks after USA TODAY sought documents regarding the incidents and the investigation. Capt. Peter Hudson, who completed his initial inquiry on Dec. 21, made plain that Servello should be shipped out.

“I recommend that CDR Servello be immediately reassigned to a billet with no supervisory responsibilities and with dedicated oversight,” Hudson wrote in his report.

Servello, in a statement to USA TODAY, said that naval investigators did not recommend that criminal charges be issued against him. He added that his career will likely be killed by the incidents.

"I have cooperated fully with all investigations conducted by the Navy,” Servello said. “Ultimately, the allegations were unproven and charges were not filed. I should have never put myself into a situation where my judgment or my military bearing could be called into question. I deeply regret this and have been held to account for my decision making. Indeed, the overall effect of the administrative counseling makes it highly unlikely that my career will recover."

Hudson’s report was sent to Vice Adm. James Foggo, director of the Navy Staff, and a full-blown Naval Criminal Investigative Service investigation in the matter was completed in the spring.

The incident is the latest in a string of embarrassing and deadly incidents for the Navy. It has been rocked by the Fat Leonard bribery scandal, which saw officers exchange classified information to a defense contractor in exchange for booze, lavish dinners and accommodations and prostitutes. At sea, two of the Navy's premier combat ships, the USS Fitzgerald and John S. McCain, collided with commercial vessels in separate incidents in June and August, killing 17 sailors.

Richardson, a member of the Joint Chiefs of Staff, said in a statement that he waited until the legal process played out to protect Servello and his alleged victims. Then, he fired Servello.

"I followed the prosecutor's recommendations to the letter, imposing several adverse measures including dismissing Cdr. Servello from the staff and reassigning him to a non-supervisory position," Richardson said. "I was advised by legal counsel throughout, and due process was strictly followed to safeguard both the dignity and safety of the complainants and the rights of Cdr. Servello."

As spokesman for the Chief of Naval Operations, Servello was viewed as a star in his field who had the ear of the service’s top officer. He had also acted as spokesman for Adm. Bill Moran, now the No. 2 officer, when Moran held a different post.

The case also highlights the ongoing struggle the military has had in policing sexual harassment and misconduct among the ranks, especially by the military’s most senior officers. It was Richardson in March who authored a message to commanders across the Navy to be on the lookout — and to act — to stamp out sexual harassment and assault.

“Make it clear that individuals who can’t live up to our professional standards in competence and character are not welcome in our Navy,” Richardson wrote. “Make it clear that our standards call us to a higher commitment than the law — we are better than that.”

The failure of the Navy and Richardson to act on the initial findings of investigators drew the ire of Sen. Kirsten Gillibrand, D-N.Y., and a member of the Armed Services Committee. Gillibrand, who has advocated for changes to the way military justice system handles sexual assault, called for an independent investigation of Richardson’s actions by the Pentagon Inspector General.

“This is an example of a commander who is aware of the allegations, aware of findings of predatory behavior and does nothing,” Gillibrand said. “I certainly think this individual, Servello, should be fired, and he should not be allowed to continue to serve. I do not believe that Adm. Richardson handled this case appropriately. There should be an I.G. investigation to see how he actually made his decisions.”

Rep. Jackie Speier, a California Democrat and member of the Armed Services Committee, said she was outraged by the Navy's handling of the case and called Richardson about it.

"After talking to Adm. Richardson, I am not confident that the appropriate punishment has been meted out," Speier said. "I find it reprehensible that this officer would still be the face and voice of the Navy on any level."

Office Christmas party, Bad Santa

The office Christmas party on Dec. 16 triggered the investigation, and Servello’s ultimate reassignment, nine months later. Excessive drinking inside the Navy’s public affairs headquarters led to a series of incidents. The bar was open for six hours, starting at 11 a.m. Parties with alcohol inside the Pentagon require a waiver.

This account of the events that day and night are drawn from Hudson's memo, NCIS reports and sworn statements of witnesses that were obtained by USA TODAY. The Navy has denied USA TODAY's request under the Freedom of Information Act to expedite the release of reports related to the incident. The Navy denied that request, and on Thursday said it could take 12 weeks until they are released.

Servello told investigators he’d had four drinks, including a shot of Fireball cinnamon whiskey, according to a statement. He wore a Santa suit because, “I thought it would be fun.”

Not everybody in the office shared his sense of mirth. A senior civilian woman in the office told investigators that she wanted them to know how he treated her but did not want the issue pursued further.

“Servello, who was dressed as Santa Claus, slapped her on the buttocks without her consent,” according an NCIS document. She “did not feel she was a sexual assault victim, but felt humiliated and disrespected by (Servello’s) actions.”

Another woman, an officer junior to Servello, told investigators that he had given her unwelcome, “uncomfortable” hugs in which she had to push him away. She also told investigators that two years prior to that, Servello had propositioned her at a dinner in which she had sought professional advice from him. She rebuffed him at the time.

She also told investigators, according to the report, that Servello told her at the Christmas party that “he didn’t know how to act with her, since the last time he was alone with her ‘he was practically humping (her) leg.’”

Servello is married, and adultery is a violation of military law.

After the office party ended, Servello and several officers went to dinner at a restaurant a short drive from the Pentagon, raising questions about whether he had driven under the influence, although there was no evidence to support that, according to Hudson’s report.

At dinner, Servello was seated next to a young woman officer who also had been drinking heavily, Hudson’s report noted. Another woman officer thought Servello was “making a play” for the woman and interceded, taking the woman’s seat next to Sevello and calling a cab for them, the report showed.

Twice on the taxi ride, Servello called the first officer. Servello offered them help in getting home, and the second officer declined, telling him she could handle it. Servello continued to call the first officer “throughout the evening, making a total of six calls.” He also sent the lieutenant two text messages, according to Hudson’s report.

'Exhibited predatory behavior'

"While I do not believe this incident rises to sexual harassment, CDR Servello clearly appears to have exhibited predatory behavior in targeting a young LT who had too much to drink," Hudson wrote.

Among Hudson’s conclusions was that the evidence did not adequately support criminal charges of sexual harassment but did show “extremely poor judgment.”

Hudson continued, using the abbreviation PAO, for public affairs officer, the field in which Servello and the young women serve.

“Specifically, he has shown a pattern of using his outstanding professional reputation and standing in the PAO community as an advantage in attempting to develop sexual relationships,” Hudson wrote. “He has made very strong advances in both cases involving alcohol toward at least two different junior officers (targets) that either have worked for him in the past or see him on a regular basis through the normal conduct professional PAO business.”

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A statement by one of the women, who are not being named because they were identified as potential victims, stated that she feared retaliation.

“I trust my chain of command, but I am terrified of retaliation from Cmdr. Servello because he is a powerful person in the PAO community,” she said.

Richardson’s failure to remove Servello, Gillibrand said, made a mockery of his March statement, titled “No Bystanders.”

“This is an obvious case where he is not leading by example,” Gillibrand said. “He’s undermining the policies he’s trying to set in place by not acting, by not reprimanding this individual in a very and clear direct way as soon as he’s aware of the facts and the allegations.”

Richardson said he considers the Servello matter closed, and remains committed to the rights of victims.

"I remain passionately committed to a policy of 'no bystanders' and a Navy where concerns can be raised with trust and confidence that those concerns will be investigated thoroughly, and be appropriately acted on without fear of reprisal or retaliation," he said.

Hudson did single out one officer for exemplary behavior. He noted that the woman who interceded at dinner “should be recognized for exercising bystander intervention at the appropriate time.”

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