Prevention of Sexual Harassment

1. Prevention of Sexual Harassment

2. Definition of Sexual Harassment • “A form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when • submission to such conduct is made either explicitly or implicitly a term or condition of a person’s job, pay, or career;

3. Definition of Sexual Harassment • submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person; or • such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offensive working environment.”

4. OPNAVINST 5354.1E: Navy Equal Opportunity Policy • “Acts of unlawful discrimination and SH are contrary to our core values of honor, courage and commitment.” • “CMEO is intended to be one many commander’s tools for the prevention of unprofessional behavior and for ensuring EO goals are obtained.”

5. OPNAVINST 5354.1E Policy • “..it is DOD and DON policy to prohibit unlawful discrimination and SH against persons or groups based on race, ethnicity, national origin, sex, or religion.” • “EO, the prevention of SH, and all the elements thereof as defined in this instruction are gender-neutral concepts.”

6. OPNAVINST 5354.1E Policy • “..therefore, discrimination, SH, threats, and other behaviors covered by this instruction involving members of the same sex are prohibited and all requirements of this instruction apply. This includes conduct against service members on the basis of sexual orientation or homosexual conduct.”

7. OPNAVINST 5354.1E Policy • “No individual in the Navy shall • take reprisal action against a person who provides information on an incident of alleged unlawful discrimination or SH. • knowingly make a false accusation of unlawful discrimination or SH. • while in a supervisory or command position, condone or ignore unlawful discrimination or SH of which individuals have knowledge or have reason to have knowledge.”

8. OPNAVINST 5354.1ECommanders Responsibilities • Promote a positive command climate. • Ensure discrimination is absent in administrative and disciplinary proceedings. • Ensure that career actions are consistent and fair across all grades.

9. OPNAVINST 5354.1ECommanders Responsibilities • Assignment of jobs, education opportunities, and special programs are based on merit, fitness and capability. • Provide annual EO training and grievance procedure instruction. • Review command demographics for retention, discipline, advancement, and awards.

10. OPNAVINST 5354.1ECommanders Responsibilities • Assess the command climate. • Ensure a CMEO manager is designated in writing and attends training. • Ensure procedures for processing EO complaints are permanently displayed. • Ensure all individuals are familiar with their right to submit an informal or formal complaint and the methods for submission.

11. OPNAVINST 5354.1ECommanders Responsibilities • Ensure all personnel know of resources to assist in processing EO complaints. • Ensure EO complaint procedures are effective and timely. • Ensure Unit SITREPS are sent upon receipt of a formal complaint and reporting continues through case resolution.

12. OPNAVINST 5354.1ECommanders Responsibilities • Ensure command climate complaints are investigated and reviewed. • Ensure mandatory officer fitness report/enlisted performance evaluation entries based on court-martial or NJP.

13. CO’s Sexual Harassment Statement sample USS CARRIER “Sexual harassment is incompatible with Navy standards and is absolutely unacceptable aboard CARRIER. I am personally committed and professionally required to provide a work environment that is free from sexual harassment. Sexual Harassment involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Specifically, if submission to or rejection of sex offers becomes a term or condition of a person’s performance, pay, or career; or creates an intimidating, hostile or offensive working environment, I will punish the offenders to the maximum extent possible.

14. CO’s Sexual Harassment Statement sample cont. If an incident of sexual harassment occurs, individuals must use proper informal or formal grievance procedures, if you don’t them, see the Command Master Chief or your direct Chain of Command. The grievance procedure system requires the absolute confidence of those who must use it, therefore reprisal action will not be tolerated. Any complaint of reprisal action against a person who uses the grievance system will be dealt with by me in the appropriate manner. Bottom line – Sexual harassment will not be tolerated aboard CARRIER.”

15. Guidelines for handling and reporting complaints • Commanders have direct responsibility for managing the complaint process. • Individuals are encouraged (but not required) to use Informal Resolution System prior to filing a formal complaint. • Actions for IRS include: • Address the concerns directly with the person. • Request assistance or mediation to resolve the dispute. • Request EO training be presented in the workplace.

16. Guidelines for handling and reporting complaints • Witnesses to unlawful discrimination or SH are required to report offenses. • All incidents shall be investigated and resolved in a fair, impartial, and prompt manner. • Reprisal investigations are handled at the next higher level in the COC. • The preferred method of filing a formal complaint is by submitting a NAVPERS 5354/2 Navy EO/SH Formal Complaint Form.

17. Guidelines for handling Formal Complaints • Personnel receiving a formal complaint shall submit the complaint to the Commander within 1 day. • Identify available counseling support or referral services. • Within 24 hours, assign advocates to each complainant, alleged offender and witness.

18. Guidelines for handling Formal Complaints • Commence the investigation within 72 hours. • Send a Unit SITREP within 72 hours. • Send a close-out SITREP within 20 days, or a continuation SITREP every 14 days until close-out.

19. Guidelines for handling Formal Complaints • Notify the complainant that the complaint has been resolved. Informed of their right to request a review. • Conduct a follow-up debrief 30-45 days after final action. • A complainant may submit an appeal on any legal or equitable grounds.

20. Unit SITREPs • Commands must submit SITREPS to report all formal EO/SH complaints. SITREP requirements include, but are not limited to, complaints made via: • NAVPERS 5354/2, Navy EO/SH complaint form • NAVPERS 1636/7, Report and Disposition of Offenses • NAVREGS ART. 1150, Redress of Wrongs Committed by a Superior • UCMJ Art.138, Redress of Wrongs against the Commanding Officer • Congressional and any Inspector General Inquiries.

21. Initial EO UNIT SITREP R XXXXXXZ MMM YY FM XXXXXXXXXXXXXXX//00// TO RHMFISS/CNET PENSACOLA FL//00J// RUCTPOA/CNET PENSACOLA FL//00J// INFO RHMFIUU/CNO WASHINGTON DC//N00E// RUENAAA/CNO WASHINGTON DC//N00E// RUCCBWF/COMNAVPERSCOM MILLINGTON TN//PERS-61// RUCTPOA/CNET PENSACOLA FL//JJJ// BT UNCLAS //N05354// MSGID/GENADMIN// SUBJ/FORMAL EQUAL OPPORTUNITY-SEXUAL HARRASSMENT COMPLAINT// REF/A/DOC/PERS61/22JAN01// AMPN/REF A IS OPNAVINST 5354.1E, NAVY EO POLICY// POC/NAME/RANK/-/-/TEL: COMM:(XXX)XXX-XXXX/DSN: XXX-XXXX// RMKS/1. INCIDENT DATA A. COMMAND DATA: (1) LOCAL INCIDENT NUMBER: UIC-01-001-001 (2) INITIAL MESSAGE (3) COMMAND SUBMITTING REPORT: NAME OF COMMAND (4) PERMANENT COMMAND TO WHICH COMPLAINANT IS ASSIGNED: SAME AS ABOVE (5) ECHELON II COMMAND: CNET (6) POC/PHONE: NAME/COMM: (XXX)XXX-XXXX/DSN:XXX-XXXX (7) TYPE OF REPORT: INITIAL (8) DATE COMPLAINT SUBMITTED TO CHAIN OF COMMAND BY COMPLAINANT: DDMMMYY (9) TYPE OF INCIDENT: SEXUAL HARASSMENT, HOSTILE WORKING ENVIORNMENT (10) METHOD USED TO SUBMIT COMPLAINT: NAVPERS FORM 5354/2

22. B. (1) COMPLAINANT DATA: (A) GENDER: F (B) PAYGRADE: E-1 (C) AFFILIATION: USN (D) DUTY STATUS: ACTIVE (E) RACE: CAUCASIAN (F) ALCOHOL USE SUSPECTED: NO (2) COMPLAINANT DATA: (A) GENDER: F (B) PAYGRADE: E-3 (C) AFFILIATION: USN (D) DUTY STATUS: ACTIVE (E) RACE: CAUCASIAN (F) ALCOHOL USE SUSPECTED: NO C. ALLEGED OFFENDER DATA: (1) GENDER: M (2) PAYGRADE: E-1 (3) AFFILIATION: USN (4) DUTY STATUS: ACTIVE (5) RACE: CAUCASIAN (6) ALCOHOL USE SUSPECTED: NO (7) RELATIONSHIP TO COMPLAINANT: PEER D. INCIDENT DESCRIPTION (1) DATE OF INCIDENT: DDMMMYY AND DDMMMYY (2) INCIDENT LOCATION: ON BASE E. INVESTIGATION DETAILS (1) DATE INVESTIGATION COMMENCED: DDMMMYY (2) DATE INVESTIGATION COMPLETED: NOT YET COMPLETED (3) OUTCOME: N/A (4) TIMELINES MET: N/A (5) CORRECTIVE ACTION TAKEN/PUNISHMENT AWARDED: N/A 2. MISCELLANEOUS REMARKS: SUSPECT ALLEGEDLY MADE SEXUALLY EXPLICIT REMARKS TO BOTH VICTIMS ON TWO SEPARATE OCCASSIONS. SUSPECT CURRENTLY TAD. SCHEDULED TO RETURN ON DDMMMYY.//

23. Close-out EO UNIT SITREP R XXXXXXZ MMM YY FM XXXXXXXXXXXX//00// TO RHMFISS/CNET PENSACOLA FL//00J// RUCTPOA/CNET PENSACOLA FL//00J// INFO RHMFIUU/CNO WASHINGTON DC//N00E// RUENAAA/CNO WASHINGTON DC//N00E// RUCCBWF/COMNAVPERSCOM MILLINGTON TN//PERS-61// RUCTPOA/CNET PENSACOLA FL//JJJ// BT UNCLAS //N05354// MSGID/GENADMIN// SUBJ/FORMAL EQUAL OPPORTUNITY-SEXUAL HARRASSMENT COMPLAINT// REF/A/DOC/PERS61/22JAN01// AMPN/ REF A IS OPNAVINST 5354.1E, NAVY EO POLICY// POC/NAME/RANK/-/-/TEL: COMM: (XXX)XXX-XXXX/DSN: XXX-XXXX// RMKS/1. INCIDENT DATA A. COMMAND DATA: (1) LOCAL INCIDENT NUMBER: UIC-01-001-003 (2) DTG OF PREVIOUS MSG: (A) INITIAL MSG: XXXXXXZ MMM YY (B) CONTINUATION MESSAGE 1: XXXXXXZ MM YY (3)COMMAND SUBMITTING REPORT: NAME OF COMMAND (4) PERMANENT COMMAND TO WHICH COMPLAINANT IS ASSIGNED: SAME AS ABOVE (5) ECHELON II COMMAND: CNET (6) POC/PHONE: SAME AS MESSAGE HEADER (7) TYPE OF REPORT: CLOSE-OUT (8) DATE COMPLAINT SUBMITTED TO CHAIN OF COMMAND BY COMPLAINANT: DDMMMYY (9) TYPE OF INCIDENT: SEXUAL HARASSMENT, HOSTILE WORKING ENVIORNMENT (10) METHOD USED TO SUBMIT COMPLAINT: NAVPERS 5354/2

24. B. (1) COMPLAINANT DATA: (A) GENDER: F (B) PAYGRADE: E-1 (C) AFFILIATION: USN (D) DUTY STATUS: ACTIVE (E) RACE: CAUCASIAN (F) ALCOHOL USE SUSPECTED: NO (2) COMPLAINANT DATA: (A) GENDER: F (B) PAYGRADE: E-3 (C) AFFILIATION: USN (D) DUTY STATUS: ACTIVE (E) RACE: CAUCASIAN (F) ALCOHOL USE SUSPECTED: NO C. ALLEGED OFFENDER DATA: (1) GENDER: M (2) PAYGRADE: E-1 (3) AFFILIATION: USN (4) DUTY STATUS: ACTIVE (5) RACE: CAUCASIAN (6) ALCOHOL USE SUSPECTED: NO (7) RELATIONSHIP TO COMPLAINANT: PEER D. INCIDENT DESCRIPTION (1) DATE OF INCIDENT: DDMMMYY AND DDMMMYY (2) INCIDENT LOCATION: ON BASE E. INVESTIGATION DETAILS (1) DATE INVESTIGATION COMMENCED: DDMMMYY (2) DATE INVESTIGATION COMPLETED: DDMMMYY (3) OUTCOME: SUBSTANTIATED (4) CORRECTIVE ACTION: NJP AWARDED 2. MISCELLANEOUS REMARKS: OFFENDER RETURNED FROM TAD ON DDMMMYY AND WAS TAKEN TO CO'S NJP ON DDMMMYY. OFFENDER IS BEING PROCESSED FOR ADSEP. ESTIMATED DATE OF SEPARATION IS DDMMMYY.//

25. Command Managed Equal Opportunity Manager • Single point of contact for EO issues. • Ensure Unit SITREPs are submitted within established timelines. • Coordinator for the command climate assessment. • Coordinates all EO training. • Ensure EO posters displayed.

26. Command Managed Equal Opportunity Manager • Coordinates with the local EOA. • Maintains CMEO record files of meetings, assessments, inspections, and EO complaints. • Performs other EO related duties as mandated by the commander

27. Equal Opportunity Advisor • Serves as advisor and subject matter experts. • Ensures required reports are submitted to NAVPERSCOM (PERS-61). • Conducts CNET-authorized EO training. • Provides EO training to the CAT, CTT, and CMEO Managers

28. Climate Assessment • Determine the “health” and functioning effectiveness of an organization. • Surveys or questionnaires • Review of records and reports • Focus groups • Interviews • Observations

29. Summary • Definition of SH & OPNAVINST 5354.1E • Commander’s responsibilities • Guidelines for handling informal & formal complaints • Unit SITREP reporting • CMEO Manager • Equal Opportunity Advisor • Climate Assessment