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DEFINITION OF SEXUAL HARASSMENT

DEFINITION OF SEXUAL HARASSMENT. A form of gender discrimination that involves unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: A person’s job, pay, or career placed at risk

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DEFINITION OF SEXUAL HARASSMENT

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  1. DEFINITION OF SEXUAL HARASSMENT • A form of gender discrimination that involves unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: • A person’s job, pay, or career placed at risk • An employee’s employment or career placed in jeopardy • It creates an intimidating, hostile, or offensive work environment Viewgraph #22-1

  2. QUID PRO QUO • Latin term meaning, “this for that” • Conditions placed upon a person’s career or terms of employment in return for sexual favors • Promises of career advancement, promotions, and other benefits, should the victim give-in to the sexual advances Viewgraph #22-2

  3. HOSTILE ENVIRONMENT • Offensive • Unwanted • Unsolicited comments and/or behaviors of a sexual nature Viewgraph #22-3

  4. RELATED ELEMENTS OF SEXUAL HARASSMENT • IMPACT vs INTENT • Reasonable person standard Viewgraph #22-4

  5. SEXUAL HARASSMENT BEHAVIORS • Verbal comments • Nonverbal gestures • Physical contact Viewgraph #22-5

  6. 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? Viewgraph #22-6

  7. VICTIM IMPACT • Interferes with work performance • Creates a hostile environment • Stress • Fear and anxiety (quid pro quo) • Less productive Viewgraph #22-7

  8. TECHNIQUES TO DEAL WITH SEXUAL HARASSMENT • Direct approach • Indirect approach • Third party • A letter or memorandum • Chain of command • File a formal complaint Viewgraph #22-8

  9. REPERCUSSIONS OF SEXUAL HARASSMENT • Administrative actions • Mandatory counseling • Additional training • Denial of certain privileges • Rehabilitative transfer • Letter of admonishment/reprimand • Relief for cause (OER/NCOER) • Adverse performance evaluation • Bar to reenlistment • Separation Viewgraph #22-9

  10. STRATEGIES FOR COMBATING SEXUAL HARASSMENT • Be proactive! • Keep soldiers / civilians informed and educated • Conduct training • Outline procedures and policies • Be familiar with regulations and policies Viewgraph #22-10

  11. ARMY TRAINING PREVENTION OF SEXUAL HARASSMENT VIDEO LEVEL 1 VIDEO SLIDE # 1

  12. POSH VIDEO TRAINING OBJECTIVES • You Will Learn: • Army Policy On Sexual Harassment • Impact On Personal and Unit Performance • How To Recognize Sexual Harassment VIDEO SLIDE # 2

  13. POSH VIDEO TRAINING OBJECTIVES (Con’t) • You Will Learn: • How To Prevent Sexual Harassment • Informal Resolution Techniques • Sanctions And Laws VIDEO SLIDE # 3

  14. DEFINITION • 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, or, • Submission to or rejection of such conduct 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. VIDEO SLIDE #4

  15. DEFINITION (Con’t) • The definition of sexual harassment emphasizes that work-place conduct, to be actionable as "abusive work environment" harassment, need not result in concrete psychological harm to the victim, but rather need only be so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the work environment is hostile or abusive. • Any person in a supervisory or command position who uses or condones any form of sexual behavior to control, influence, or affect the career, pay, or job of a military member or civilian employee who makes deliberate or repeated unwelcome verbal comments, gestures, or physical contact of a sexual nature in the workplace is also engaging in sexual harassment. VIDEO SLIDE #5

  16. EXAMPLES OF SEXUAL HARASSMENT • Verbal: • Profanity, off-color jokes • Sexual comments, threats • Whistling, barking, grunts, growling, etc. • Passing rumors of sexual acts or involvement VIDEO SLIDE #6

  17. EXAMPLES OF SEXUAL HARASSMENT • Physical: • Leering, winking • Licking lips, displaying/giving sexually suggestive pictures or cartoons • Stroking, grabbing, patting, hugging, pinching, provocatively posing • Cornering or blocking a passageway • Adjusting someone’s clothing without permission VIDEO SLIDE #7

  18. TYPES OF SEXUAL HARASSMENT Quid Pro Quo = “This for That” • Submitting to, or rejecting sexual advances or requests can not be a condition upon which a person's job, career or upcoming promotion depends. VIDEO SLIDE #8

  19. TYPES OF SEXUAL HARASSMENT (Con’t) Unwelcome • Conduct that the soldier, family member or employee did not elicit or incite, and that he or she regards as undesirable or offensive • Equal initiation and participation between the alleged victim and the person he or she is interacting with • Some victims may feel they have no choice but to submit • Not necessary to state behavior is unwelcome VIDEO SLIDE #9

  20. TYPES OF SEXUAL HARASSMENT (Con’t) Hostile Environment • Unwelcome and demeaning sexually related behavior that creates an intimidating, hostile and offensive work environment. VIDEO SLIDE #10

  21. TYPES OF SEXUAL HARASSMENT (Con’t) Hostile Environment • Key Points: • Subtle • One incident or several • Intent of harasser is irrelevant • Perception or impact on harassed person VIDEO SLIDE #11

  22. TYPES OF SEXUAL HARASSMENT (Con’t) DATING • When do requests for dates constitute sexual harassment? • When it is unwelcome • What constitutes unwelcome? • Repeatedly hearing “no” as an answer • What constitutes no? VIDEO SLIDE #12

  23. TYPES OF SEXUAL HARASSMENT (Con’t) OBSESSIVE FOLLOWING BEHAVIOR • STALKING: includes actions of a person repeatedly following or harassing another person in a manner to induce in a reasonable person a fear of sexual battery, bodily injury or death of that person or a member of that person's immediate family • Stalking is a violation of the UCMJ • Obsessive behavior: such harassment can include unwanted telephone calls, uninvited visits to personal quarters, etc. VIDEO SLIDE #13

  24. 4 QUICK QUESTIONS • Was the behavior or innuendo sexual in nature? • Was the behavior unwelcome? • Does the behavior create a hostile or offensive work environment? • Have sexual favors been demanded, requested, or suggested--especially as a condition of employment or career and job success? VIDEO SLIDE #14

  25. ADVICE • Victim of sexual harassment? • Contact your post's Equal Opportunity Advisor or, • Call the Equal Opportunity Sexual Harassment Hotline VIDEO SLIDE #15

  26. SELF-COPING MECHANISMS • Denial • Blaming Oneself • Joking • Avoidance • Confrontation VIDEO SLIDE #16

  27. INFORMAL RESOLUTION TECHNIQUES • Confront the harasser • Use an intermediary to confront the harasser • Write a letter to the harasser • Maintain a log or diary of incidents • Request sexual harassment training for the unit, or • Report the incident VIDEO SLIDE #17

  28. INFORMAL RESOLUTION TECHNIQUES (Con’t) • Confront the harasser: • Maintain professional demeanor, • Correct behavior, do not personally attack person • Tell the harasser what actions you do not like, • Explain that the action offends you, • Tell the harasser to stop, • State that if the actions persist, you will report the individual VIDEO SLIDE #18

  29. INFORMAL RESOLUTION TECHNIQUES (Con’t) • Write A Letter To The Harasser: • write down the facts • explain how the inappropriate behavior makes • you feel • state what you think should happen next • keep a copy of the letter and mailed registration • receipt • if needed - make a formal complaint with letter • as proof VIDEO SLIDE #19

  30. INFORMAL RESOLUTION TECHNIQUES (Con’t) • Maintain a log or diary of incidents: • Make notes such as: times, dates, places, witnesses, and any actions taken to make the harasser stop • Keep your log out of the office • Do not show you log to anyone • Decide whether to file a complaint, using the log as evidence or destroy the log VIDEO SLIDE #20

  31. INFORMAL RESOLUTION TECHNIQUES (Con’t) • Request sexual harassment training: • Training to focus on sexually harassing behaviors being exhibited, • This is a subtle resolution technique, • Makes harassers aware of their inappropriate behavior. VIDEO SLIDE #21

  32. LEGAL SANCTIONS OFFENSEUCMJ ARTICLE Making Sexual Comments Art 89: Disrespect Toward Or Gestures Superior Officer, Art 91: Insubordinate Conduct Towards A WO Or NCO, Art 117: Provoking Speech And Gestures, Art 134: Indecent Language, Offering Rewards For Art 134: Bribery And Graft Sexual Behaviors VIDEO SLIDE #22

  33. LEGAL SANCTIONS (Con’t) OFFENSEUCMJ ARTICLE Threatening The Career, Job Art 127: Extortion, Or Salary Of A Person Unless He or She “Cooperates” Engaging In Or Condoning Art 92: Failure To Obey An Sexual Harassment Order Or Regulation Behaviors Art 133: Conduct Unbecoming An Officer Influencing Or Threatening Art 93: Cruelty And The Career, Pay Or Job Of Maltreatment Another Person In Exchange For Sexual Favors VIDEO SLIDE #23

  34. ADMINISTRATIVE SANCTIONS • Counseling • Bar To Reenlistment • Relief For Cause • Negative Performance Evaluation VIDEO SLIDE #25

  35. ADMINISTRATIVE SANCTIONS (Con’t) • Letters Of Admonishment And Reprimand • Rehabilitative Transfer • Negative Performance Administrative Reduction • Discharge From Service • Denial Of Certain Privileges VIDEO SLIDE #26

  36. WHISTLEBLOWER PROTECTION • Soldiers cannot be reprised against for filing a complaint of sexual harassment or unlawful discrimination • Soldiers must submit their complaints to DOD inspector general for investigation • DOD hotline: • CONUS: 1-800-424-9098 • OCONUS: (703) 604-8569 VIDEO SLIDE #27

  37. REPRISAL • Soldiers shall be free from reprisal for making or preparing a protected communication (to include complaints of unlawful discrimination and sexual Harassment) to a member of congress, an IG, or a member of a DOD audit, inspection, investigation, or law enforcement organization or any other person or organization. VIDEO SLIDE #28

  38. REPRISAL (Con’t) • Threats or acts of reprisal forbidden by army and The Department of Defense policy • Punishable under the UCMJ • Acts of reprisal can come from your co-workers of those in a supervisory position VIDEO SLIDE #29

  39. REASONABLE PERSON STANDARD • In judging whether the incident is sexual harassment, it must be viewed from the perspective of a typical, reasonable third party. • Would a reasonable person find that behavior hostile, offensive, or intimidating and adversely affect his/her ability to do his/her work? • The “reasonable person standard” is used by commanders and the courts to judge whether the conduct was sexual harassment VIDEO SLIDE #30

  40. TRAINING SESSION # 1 • The following was covered: • Army policy on sexual harassment • Definition of sexual harassment • Physical and verbal types of sexual harassment • Effect of sexual harassment on unit cohesion and readiness VIDEO SLIDE #31

  41. TRAINING SESSION # 1 • The following was covered: • Effect of sexual harassment on individual performance • Four questions • Unwelcome • Reasonable person standard VIDEO SLIDE #32

  42. TRAINING SESSION # 1 • The following was covered: • Sex vs. Power • Intent vs. Impact • For advice, contact EOA or EO/SH hotline VIDEO SLIDE #33

  43. TRAINING SESSION # 2 • The following was covered: • EOA’s role as advisor to commander • Definition of sex discrimination • Six informal resolution techniques • Who to file an equal opportunity complaint with VIDEO SLIDE #34

  44. TRAINING SESSION # 2 • The following was covered: • Definition Of Reprisal • Military Whistleblower Protection Directive VIDEO SLIDE #35

  45. TRAINING SESSION # 3 • The Following Was Covered: • Sexual Harassment Punishable Under The UCMJ Or Administrative Punishment • Administrative Actions That May Be Taken • Totality Of Circumstances • Immediately Report Acts Of Sexual Harassment • Immediately Report Acts Of Obsessive Following Behavior VIDEO SLIDE #36

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