Misc Pub 27-8 Legal Handbook Commander’s 2019


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CommandersLegalHandbook
ArmyDemLogProgramBriefing-Jan17
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100
b. Unit Commanders
• Ensure victim safety. Consider a Military Protective Order (MPO). Inform both military and civilian authorities if a MPO is issued Appoint two UVAs per battalion level Appoint deployable SARCs and VAs.
2. Command Responsibilities Regarding Sexual Harassment Allega-
tions/Cases
(See AR 600-20, Chapter 7 and Appendix C fora complete list of responsibilities)
Sexual Harassment is a form of gender discrimination that involves unwelcomed sexual advances, requests for sexual favors and other verbal and physical conduct of asexual nature, where submission to or rejection of the conduct may affect a person’s career, or where the behavior creates an intimidating, hostile or offensive working environment Sexual harassment is unacceptable conduct that will not be tolerated. Sexual harassment complaints are handled by the Equal Opportunity Advisor (EOA), with notifications to the Sexual Assault Response Coordinator (SARC). Commanders and supervisors will ensure that assigned personnel are familiar with the Army policy on sexual harassment Upon receipt of a complaint, notify your judge advocate, SARC and EOA.
• Ensure that the complainant has been sworn to the complaint (DA Form 7279).
• Complete block 11 of DA Form 7270 acknowledging receipt of the complaint Report all formal complaints to the GCMCA within 3 calendar days Provide a progress report to the GCMCA 21 days after the date on which the investigation commenced and 14 days thereafter until completion Conduct an investigation personally or appoint an investigating officer (AR 15-6).
• Establish and implement a plan to protect the complainant, any named witnesses, and the subject from acts of reprisal Resolve the complaint as quickly as possible through thorough and immediate investigation Take corrective action as appropriate.
NOTE: Sexual harassment allegations may also be investigated by CID as cruelty, oppression, or maltreatment when in conjunction with another offense normally investigated by CID. If the victim is a military recruit or trainee, and the offender is in a training leadership position or a recruiter, then the new offense of Prohibited Activities with Military Recruit or Trainee by Person in Position of Special Trust Article a, UCMJ, may apply. At anytime, a battalion or brigade commander may request a CID investigation. See AR 195-2, Appendix B.

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