SEXUAL HARASSMENT
What is Sexual Harassment?
- Sexual harassment is a form of gender discrimination
- Sexual harassment includes unwelcomed sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when:
- Submission to or rejection of is made a term or condition of a person's job, pay, or career;
- Submission to or rejection of is used as a basis for career or employment decisions;
- Conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive work environment.
Sexual Harassment Policy for Service Members
- Policy applies on/off the installation - 24/7
- Military complainants do not have the right to sue the offender
- Complainants are encouraged to confront subject/offenders
- Army policy does not require complainants of sexual harassment to confront the subject/offender
- File formal complaints with the brigade level SARC or higher
- Soldiers have 60 calendar days to file a formal complaint
- Family members are eligible to file complaints
Sexual Harassment Policy for Civilians
- DA civilian complainants have the right to pursue administrative remedies through the Equal Employment Opportunity complaint process
- DA civilian complainants have the right to sue
- Complainants are encouraged to confront subject/offender
- Army policy does not require complainants of sexual harassment to confront the subject/offender
- Claims of sexual harassment:
- May be raised to command and/or EEO personnel
- Must contact the EEO office within 45 calendar days to initiate the complaint process (command/supervisor notification does not count toward the 45-day time limit)
- Refer to AR 690-600, Equal Employment Opportunity Discrimination Complaints
SEXUAL ASSAULT
What is Sexual Assault?
- Sexual assault is a crime
- Sexual assault is defined as: Intentional sexual contact characterized by the use of force, threats, intimidation, or abuse of authority or when the victim does not or cannot consent
- The term includes a broad category of sexual offenses of the following specific UCMJ offenses: rape, sexual assault, aggravated sexual contact, abusive sexual contact, forcible sodomy, or attempts to commit these offenses
Army Policy on Sexual Assault
- Sexual assault is a criminal offense
- Sexual assault degrades mission readiness
- Every Soldier who is aware of a sexual assault should immediately (within 24 hours) report incidents
- Sexual assault is punishable: Soldiers (UCMJ), Department of the Army civilians (federal/state)
- Those who commit sexual assault offenses will be held appropriately accountable
- All victims of sexual assault will be treated with dignity, fairness, and respect
- This policy applies to both on and off post, duty and non-duty hours