Misc Pub 27-8 Legal Handbook Commander’s 2019


Return to Table of Contents



Download 4.49 Mb.
View original pdf
Page192/288
Date15.02.2024
Size4.49 Mb.
#63548
1   ...   188   189   190   191   192   193   194   195   ...   288
CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
Return to Table of Contents


218
• Hostile environment occurs when Soldiers or civilians are subjected to offensive, unwanted, and unsolicited comments, or behaviors of asexual nature. If these behaviors unreasonably interfere with their performance, regardless of whether the harasser and the victim are in the same workplace, then the environment is classified as hostile. A hostile environment brings the topic of sex or gender differences into the workplace in anyone of a number of forms. It does not necessarily include the more blatant acts of quid pro quoit normally includes nonviolent, gender-biased sexual behaviors (for example, the use of derogatory gender-biased terms, comments about body parts, suggestive pictures, and explicit jokes).
3. Sexual Harassment Complaint Processing System
The sexual harassment complaint processing system is found in Appendix C to AR 600-20 and requires extensive command involvement. It follows the same procedures as outlined for equal opportunity (EO) complaints. Attempts should always be made to solve the problem at the lowest possible level within an organization. Complaints made by civilian personnel alleging discrimination should be handled in accordance with the procedures contained in AR
690–600, or as described in DoD and Department of the Army policy implementing 10 U.S.C.
§ 1561 (AR 600-20), or as provided for in any applicable collective bargaining agreement. Sexual harassment complaints involving physical contact must be immediately referred to law enforcement (CID).
Those who bring forth allegations of sexual harassment may make the complaint to their command or to an alternative agency such as a high echelon of command, inspector general, chaplain, provost marshal, medical agency personnel, or staff judge advocate. Complainants may also choose to make an informal complaint or formal complaint. Upon receipt of a complaint, the commander is required to identify and rectify sexual harassment.
An informal complaint is any complaint that the complainant does not wish to file in writing. Informal complaints maybe resolved directly by the complainant, with the help of another unit member, the commander, or other person in the complainant’s chain of command. Typically, those issues that can betaken care of informally can be resolved through discussion, problem identification, and clarification of the issues. An informal complaint is not subject to the timeline requirements of formal complaints. Informal complaints that the commanding officer or other person in charge of the organization determines warrants an investigation become formal complaints.
A formal complaint is one that a complainant files in writing and swears to the accuracy of the information. Formal complaints require specific actions, are subject to timelines, and require documentation of the actions taken. An individual files a formal complaint using a DA Form 7279 (Equal Opportunity Complaint Form. The commander will either conduct an investigation personally or immediately appoint an investigating officer according to the provisions of AR 15–6. All formal complaints will be reported within 3 calendar days to the first General Courts-Martial Convening Authority (GCMCA) in the chain of command. Additionally, the commander will provide a progress report to the GCMCA authority 21 days after the date on which the investigation commenced and 14 days thereafter until completion. Commanders must work closely with their servicing judge advocate and equal opportunity advisor

Download 4.49 Mb.

Share with your friends:
1   ...   188   189   190   191   192   193   194   195   ...   288




The database is protected by copyright ©ininet.org 2024
send message

    Main page