Sexual Harassment

 

IAW AR 600-20, paragraph 7-4, defines sexual harassment as a form of gender discrimination which includes unwelcome sexual advances, requests for sexual favors and other verbal and or physical conduct of a sexual nature between the same or opposite genders when:

(1) Submission to, or rejection of, such conduct is made explicitly or implicitly a term or condition of a person's job, pay or career.

(2) Submission to, or rejection of, such conduct by a person is used as a basis for career or employment decisions affecting that person.

(3) 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) Any person in a supervisory or command position who uses or condones implicit or explicit sexual behavior to control, influence or affect the career, pay or job of personnel is engaging in sexual harassment. Similarly, anyone who makes deliberate or repeated unwelcome verbal comments, gestures or physical contact of a sexual nature is engaging in sexual harassment.

IAW AR 600-20, Appendix C, Sexual Harassment complaint options include:

(1) An informal complaint is one that is not in writing and may be voiced to the offending person, to a supervisor, or both. The intention is that the offending behavior will stop with no further action required. A memorandum of record on resolution is highly recommended by whoever resolved the complaint.

(2) A formal complaint is a written statement of the behavior and/or situation submitted to proper authority and/or a certified Sexual Assault Response Coordinator (SARC) for processing through official complaint channels. A person files a formal complaint using DA Form 7279. Personnel have the right to present a complaint to the command without fear of intimidation, reprisal or harassment. All formal complaints will be reported within three calendar days to the first General Courts-Martial Convening Authority (GCMCA) in the chain of command.

(3) Anonymous complaint actions will depend upon the extent of information provided by complainants. If an anonymous complaint contains sufficient information to permit the initiation of an investigation, the investigation will be initiated by the  commanding officer or supervisor. If an anonymous complaint does not contain sufficient information to permit the initiation of an investigation, the information will be documented in a Memorandum for Record and maintained on file with the USCC SHARP Office. If a member of the USCC staff or BTD receives an anonymous sexual harassment complaint, contact the USCC SARC and/or VA immediately.

(4) The Equal Employment Opportunity (EEO) Office is the responsible agency to support and process formal or informal sexual harassment complaints for Department of the Army Civilian personnel. Sexual harassment complaints must be filed with the EEO Office within 45 days of the incident.