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EO BRIEFING. MOBILIZATION BRIEFING. EQUAL OPPORTUNITY “HARASSMENT AND DISCRIMINATION” RUNS CONTRARY TO ARMY VALUES. Duty. Loyalty. Respect. Values. Honor. Personal Courage. Selfless Service. Integrity. VALUES.
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EO BRIEFING MOBILIZATION BRIEFING
EQUAL OPPORTUNITY“HARASSMENT AND DISCRIMINATION”RUNS CONTRARY TO ARMY VALUES Duty Loyalty Respect Values Honor Personal Courage Selfless Service Integrity
VALUES • Values are attitudes about the worth or importance of people, concepts and things. • Influence Perceptions • PERSONALLY – PROFESSIONALLY
TITLE 10 vs. 32 EQUAL OPPORTUNITY PROGRAMS
EQUAL OPPORTUNITY REPRESENTATIVE • Advisor to the commander in recognizing detractors from a healthy EO climate within the unit • Assist commanders in an advisory role in carrying out the Army’s Equal Opportunity Program within their unit
TITLE 10 EQUAL OPPORTUNITY PROGRAM Mobilized unit EORs have an important role, with key responsibilities in assisting commanders in implementing a sound command driven Equal Opportunity Program.
EQUAL OPPORTUNITY REPRESENTATIVE • CHAIN OF COMMAND • Active Duty - Unit Chain of Command • Make every attempt to resolve EO issues for soldiers on active duty prior to their end of tour • AR 600-20 Para E-14a • NCO Support Channel • EO Resource Contact
TITLE 10 EQUAL OPPORTUNITY PROGRAMS AR 600-20 ARMY COMMAND POLICY Applicable during full mobilizations
TITLE 10 ARMY EQUAL OPPORTUNITY POLICY • Equal Opportunity and fair treatment for military and civilian personnel, and family members • An environment free of unlawful discrimination and offensive behavior • Army Equal Opportunity Policy applies to soldiers: • On and off post • During duty and non-duty hours
TITLE 10 EQUAL OPPORTUNITY PROGRAMS COMPLAINT PROCEDURES
EO COMPLAINT PROCESS PURPOSE FOSTER RESOLUTION • Open lines of communication • Hear all sides of the allegation DETERMINE VALIDITY & MERIT • Through inquiry and investigation Defuse the bomb, complaints that linger and stall in the process foster animosity and could lead to further problems.
TYPES OF EO COMPLAINTS • Informal • Formal
Informal Complaint • Not required to be filed in writing • Resolution at the lowest level possible • No requirement for chain of command intervention • May not involve the chain of command • Confidentiality possible (but not guaranteed) • Not subject to timeline suspense • Informal process has good chance for success • Severity of complaint does not warrant formal complaint
Formal Complaint A formal EO complaint is submitted in writing using DA Form 7279-R (EO Complaint Form).
Formal Complaint Reasons • Inability to resolve the complaint informally • Soldier uncomfortable with the informal process • Warrants an official investigation • Soldier wants an official record • Complaint is against a member of the soldier’s chain command or another superior officer • Desire of the soldier to use an outside agency or higher echelon commander
Formal Complaint Timeline • 60 calendar days - date of alleged offense • Commander may choose to investigate after the 60 calendar day period • Allegations that are criminal in nature are exempt from the 60-day rule • Notify GCMCA within 72 hours
ALTERNATIVE AGENCIES • A Higher Echelon Command • Command Equal Opportunity Advisor (EOA). • Chaplain (CH) • Staff Judge Advocates (SJA) • Provost Marshal (PM) • Inspector General (IG)
COMMANDER/ALTERNATIVE AGENCY RESPONSIBILITIES • Ensure Information Is Complete • Ensure Individual Is Sworn To Complaint • Clarify Basis Of Complaint • Identify Additional Information • Tell What Happen Next • Acknowledge Receipt • Complete Within 14 Calendar Days • Refer Within 3 Calendar Days • Provide Written Feedback within 14 calendar days
ELEMENTS OF INQUIRY / INVESTIGATION • Clarify Nature Of Complaint • Interview As Appropriate • Gather Information • Consult Advisors • Assess Information
Unsubstantiated complaint • There was insufficient or no evidence to support the allegation(s) • Evidence uncovered during the inquiry or investigation thoroughly disputed the allegation(s)
Substantiated complaint • There was sufficient evidence to support the basis of the complaint • There was sufficient evidence to support all or part of the allegation(s)
APPEALS PROCESS • Within 7 Calendar Days • Specify Issues You Disagree With • Immediate Or Next Higher Commander • Appointment With Appeal Authority • Final Decision Authority - First General Court Marshal Convening Authority In Chain Of Command • No Further Appeal Available Within EO Complaint System
Title 10 EOA - Follow-Up Assessment • EOA - 30 to 45 calendar days • EOA - second assessment 180 days • DA Form 7279-1-R (Equal Opportunity Complaint Resolution Assessment)
FORMS OF REPRISAL • Threatening • Intimidation • Harassment
REPORTING INCIDENTS OF REPRISAL • Made A Protected Disclosure • Unfavorable Action Threatened Or Taken • Official Or Other Person Knew Of Disclosure Or Complaint • Disclosure Caused Action Taken • Evidence That Disclosure Caused Action
WHISTLEBLOWER PROTECTION • Section 1034, Title 10, United States Code (U.S.C.), requires an expeditious investigation of all allegations of reprisal for whistleblowing submitted by military members. • DoD Directive 7050.6, Military Whistleblower Protection, implements Section 1034, Title 10, U.S.C.).
TITLE 10 ARMY POLICY ON SEXUAL ASSUALT Dated 7 April 2004 • Army policy promotes awareness and education to prevent sexual assault; sensitive care for sexual assault victims; aggressive, timely, and though investigation of all reported sexual assaults; and accountability for those who commit these crimes. • Under Army policy sexual assault is a crime that cannot and will not be tolerated
SEXUAL ASSAULT • Sexual Assault • Any actual or attempted sexual touching without consent • Criminal – Immoral – Dishonorable Act • Incompatible with Army Values • Shows a lack of personal courage • Creates fear and distrust within units • Punishable under the UCMJ
MYTHS ABOUT SEXUAL ASSAULT AND RAPE • Myth: Rapist is usually a stranger • Fact: Most sexual assault victims know their assailants • Myth: Sexual assault affects only women • Fact: Men suffer 10% of all reported sexual assaults • Myth: Rapists don’t look like other people • Fact: Most rapists have no obvious sign of being different from anyone else Sexual Assault – Prevention and Response An Army Handbook
PROACTIVE • Know: Army Policy • Understand: The effects on soldiers, family members, friends, and the unit • Learn: The myths and facts about sexual assault and how to prevent it • Remember: Victims Rights under AR 27-10 and what actions to take if you are someone you know is a victim
EO BRIEFING • The environment affects you, your, unit, and the mission • Fair treatment is policy • Respect and Dignity • Mission accomplishment • Ability to work with others as a team