PREVENTION OF SEXUAL HARASSMENT (POSH)

1. PREVENTION OF SEXUAL HARASSMENT(POSH) CW2 R. Mandell

2. ARMY POLICY ARMY POLICY The policy of the Army is that sexual harassment is unacceptable conduct and will not be tolerated. Army leadership at all levels will be committed to creating and maintaining an environment conducive to maximum productivity and respect for human dignity. Sexual harassment destroys teamwork and is detrimental to combat readiness. Successful mission accomplishment can be achieved only in an environment free of sexual harassment for all personnel.

3. DEFINITION OF SEXUAL HARASSMENT • A form of sex discrimination that involves unwelcomedsexual • advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: • Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of a person’s job, pay, or career, or • 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 performance or creates anintimidating, hostile, or offensive working environment

4. CATEGORIES OF SEXUAL HARASSMENT • Quid Pro Quo • Hostile Environment

5. QUID PRO QUO • Latin term meaning “this for that” • Placing conditions on a person’s job or terms of employment in return for sexual favors • Making promises of career advancement, promotions, or other benefits in exchange for sexual favors

6. HOSTILE ENVIRONMENT • Offensive, unwanted, and unsolicited comments and behaviors of a sexual nature • Most prevalent form of sexual harassment in the Army

7. IMPACT vs INTENT • Assessment of behavior is a leadership responsibility • Behavior assessed from perspective of the victim, not the alleged harasser • Emotional effect or willingness to submit is not relevant • Relevant question - was the behavior appropriate or inappropriate

8. REASONABLE PERSON STANDARD Ask the question: • How would a reasonable person under similar circumstances react or be affected by such behavior? • Men and women can watch the same behavior, but have very different perspectives about what they saw and how they feel

9. SEXUAL HARASSMENT BEHAVIORS • Verbal comments • Nonverbal gestures • Printed materials • Physical contact

10. VERBAL COMMENTS • Sexual jokes or profanity/ jody calls • Verbal threats • Barking, growling, whistling, etc. • Describing sexual attitudes of one’s physical appearance or attributes • Remarks linking to threat of job • Personal inquiries unrelated to work • Referring to co-workers as “honey”, “baby”, “dear”, “sweetheart”

11. NONVERBAL GESTURES • Staring at someone • Blowing kisses • Winking • Licking one’s lips in a suggestive manner • Ashtrays, coffee cups, figurines • Manipulation of parts of the anatomy or clothing (adjusting zipper, bra straps, or lowering pants to tuck in shirt)

12. PRINTED MATERIALS(Sexually Oriented) • Notes, letters, faxes, computer e-mail • Bumper stickers, cartoons, posters, pictures • Calendar, pin-ups, quotations

13. PHYSICAL CONTACT • Touching, patting, hugging • Pinching, grabbing, cornering, kissing • Blocking a passageway • Providing unsolicited back or neck rubs • Unsolicited adjusting of a person’s clothing

14. LEADER’S RESPONSIBILITY • Ensuring the environment is safe and clean • Training subordinates to behave appropriately • Maintaining a climate of openness and mutual trust

15. IMPACT OF SEXUAL HARASSMENT • Interferes with victim’s work performance • Creates unreasonable stress in the work place • Puts high levels of fear and anxiety in the work place • Negative impact on mission accomplishment

16. SEXUAL HARASSMENT CHECKLIST • Is the behavior sexual in nature? • Is the behavior unwelcome? • Does the behavior create a hostile or offensive environment? • Have sexual favors been demanded, requested, or suggested?

17. TECHNIQUES TO DEAL WITH SEXUAL HARASSMENT • Direct approach - confront the harasser • Indirect approach - write a letter • Third party • Chain of command • File a formal complaint

18. REPERCUSSIONS OF SEXUAL HARASSMENT • Mandatory counseling • Additional training • Denial of certain privileges • Rehabilitative transfer • Letter of admonishment/reprimand • Relief for cause • Adverse performance evaluation • Bar to reenlistment • Separation

19. STRATEGIES TO COMBAT SEXUAL HARASSMENT • Be proactive • Keep soldiers/civilians informed and educated • Conduct training • Outline procedures and policies • Be familiar with regulations and policies • A readily available system • Treat all complaints seriously • Reduce fears of reprisal or intimidation

20. BOTTOM LINE • Sexual harassment disrupts unit cohesion • Prevention is the key to success • Must be reported before action can be taken • Leaders set the example by correcting behavior IF YOU DO NOTHING, MOST LIKELY NOTHING WILL BE DONE.

21. EO COMPLAINT PROCESS EO Complaint Process Make an informal complaint. Report inappropriate Behavior without initiating a Full investigation. This may Be appropriate for minor Infractions, where the complainant simply wants the behavior to stop. If you are the complainant Call the Equal Opportunity Office To clarify whether An incident or Behavior qualifies as An EO complaint/ Sexual harassment If behavior File a formal written complaint (DA Form 7279-R) with any persist of the following personnel or agencies. Complaints should be filed within 60 days of the incident—those filed after 60 days may be pursued at commander’s discretion IAW AR 600-20. 373-7955 411th BSB, EO Office Chain of Command Equal Opportunity Advisor Inspector General (CHRRS) Housing Referral Judge Advocate General Military Police Or Criminal Investigator Chaplain Medical Agency 3 DaysComplaints filed with outside agencies, except those filed with the IG, must be acted upon within three calendar days. Complaints filed with an agency against a member of the chain of command will be referred to the next higher commander in the chain. 14 DaysThe commander or the investigating officer appointed by the commander has 14 calendar days to investigate the allegations. The commander must meet with the complainant and the alleged perpetrator to discuss the outcome and results. A 30-day extension may be granted from the next higher commander if circumstances require it. Further extensions can be approved only by the first general officer in the chain of command. 7 DaysThe complainant and the alleged perpetrator have seven calendar days to appeal to the next higher commander if he or she is dissatisfied with the investigation results. The commander has 14 days to complete the investigation. Final decision on complaints rest with the Genera-Court Martial Convening Authority. 30-45 Days30 to 45 days after the final decision on the complaint, a follow up assessment is conducted by the EOA on all formal EO complaints (substantiated or non-substantiated). A report and recommendation are submitted to the commander who authorized the investigation.

22. QUESTIONS?