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7 Cards in this Set
Personal relationships that contravene the customary bounds of acceptable senior-subordinate relationships. This includes improper relationships and social interaction between officer-enlisted, officer-officer, or enlisted-enlisted. Fraternization is gender-neutral and focuses on the detriment to good order and discipline resulting from the erosion of respect for authority inherent in an unduly familiar senior-subordinate relationship. Due to the nature of military life, prohibition of fraternization serves a valid, mission essential purpose. Examples of fraternization include: dating, sharing living accommodations, intimate or sexual relations, commercial solicitations, private business partnerships, gambling and borrowing money between officer members and between enlisted members of different rank or grade.
State the Navy policy on fraternization
1. Personal relationships between officer and enlisted members that are unduly familiar and that do not respect differences in rank and grade are prohibited, and violate long-standing custom and tradition of the naval service. Similar relationships that are unduly familiar between officers or between enlisted members of different rank or grade may also be prejudicial to good order and discipline or of a nature to bring discredit on the naval service and are prohibited. Commands are expected to take administrative and disciplinary action (under the Uniform Code of Military Justice (UCMJ) as necessary to correct such inappropriate behavior.
2. Prohibited Relationships: Personal relationships between officer and enlisted members, personal relationships between E-7 through E-9 and junior personnel (E-1 through E-6) who are assigned to the same command, personal relationships between staff/instructor and student personnel within Navy training commands, and between recruiters and recruits/applicants
Explain the effects on the command when fraternization takes place
Prejudice to good order and discipline and discredit to the Naval service may occur when the degree of familiarity between a senior and a junior in grade or rank is such that the senior’s objectivity is called into question. This loss of objectivity by the senior may result in actual or apparent preferential treatment of the junior, and use of the senior’s position for the private gain of either the senior or junior member. The actual or apparent loss of objectivity by a senior may result in the perception the senior is no longer capable or willing to exercise fairness and make judgments on the basis of merit (undermines senior’s authority). An unduly familiar relationship that so undermines the leadership authority of a senior or that compromises the chain of command (i.e., where there is a direct senior-subordinate relationship) is inappropriate and prohibited.
Define sexual harassment.
1. A form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
a. Submission to such conduct is made either explicitly or implicitly a term or condition of a person’s job, pay, or career; or, b. Submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person; or, c. 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. This definition emphasizes that workplace conduct, to be actionable as “abusive work environment” harassment, need not result in concrete psychological harm to the victim, but rather need only be so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the work environment as hostile or offensive.
2. Examples: Any person in a supervisory or command position who uses or condones any form of sexual behavior to control, influence, or affect the career, pay, or job of a military member or civilian employee is engaging in sexual harassment. Similarly, any military member or civilian employee who makes deliberate or repeated unwelcome verbal comments, gestures, or
physical contact of a sexual nature in the workplace is also engaging in sexual harassment.
State the Navy policy on sexual harassment
1. Sexual harassment is prohibited. All DoN personnel, military and civilian, will be provided a work environment free from unlawful discrimination, which includes sexual harassment. Off-duty or non-duty behaviors that affect the military workplace may also be considered to be sexual harassment.
2. Individuals who believe that have been sexually harassed shall be provided the opportunity to seek resolution and redress in a climate that does not tolerate acts of reprisal, intimidation, or further acts of harassment. All personnel shall be made aware of the avenues of resolution and redress available.
3. All reported incidents shall be investigated and resolved at the lowest appropriate level. All incidents shall be resolved promptly and with sensitivity. Confidentiality will be maintained to the extent possible. Both the complainant and the subject(s) of a complaint may appeal administrative findings.
4. Counseling support or referral services will be made available for all personnel involved in incidents of sexual harassment.
Describe the informal resolution/grievance system and procedures
1. Address the concerns verbally or in writing with the person(s) demonstrating the behavior.
2. Request assistance from another command member or request mediation to resolve the dispute.
3. Request EO training be presented in the workplace.
Describe formal grievance and redress procedures
1. Complainant Responsibilities:
a. A complaint should be made within 60 days of the offending incident, or in the case of a series of incidents, within 60 days of the most recent incident. Commanders may accept complaints beyond this timeframe if, in their judgment, circumstances warrant. Complaint may be filed using NAVPERS 5354/2, Navy Equal Opportunity (EO)/Sexual Harassment (SH) Formal Complaint Form. Complaint must include a signed statement submitted in writing. Other formal resolution options include:
(1) Filing a U.S. Navy Regulations Article 1150 (Redress of Wrong Committed by a Superior (other than the commander). (
(2) Filing a Uniform Code of Military Justice (UCMJ) Article 138, Complaints of Wrongs Against the Commander.
(3) Filing a NAVPERS 1626/7, Report and Disposition of Offenses.
(4) Contacting the Inspector General (IG).
(5) Communicating with elected officials.
b. Command Responsibilities:
(1) Person receiving a formal complaint shall submit the complaint to the commander or other designated authority within one
(1) calendar day of receipt.
(2) Identify available counseling support or referral services available for all personnel involved in incidents of sexual harassment.
(3) Within 24 hours of receipt of a formal complaint, advocates shall be assigned to each complainant, alleged offender and any witnesses to ensure they are informed about complaint processing. If the complainant, alleged offender, or witness do not desire the services of an advocate, they must state in writing and/or annotate on NAVPERS 5354/2 or by memo for the record. Appointed command advocates should:
(a) Not be a principal in the alleged complaint in any way.
(b) Be equivalent or senior to the assigned member (except when impractable or the member consents).
(c) Not be appointed to assist more than one complainant, alleged offender, or witness (except when impractical or with the members’ consent).
(4) The level of investigation on a formal complaint is determined by the commander.
(a) The investigation must commence within 72 hours of complaint submission. The investigating officer should be senior to the complainant and the alleged offender. The complainant will be notified by the investigating officer that the investigation has begun and will acknowledge this notification on the original NAVPERS 5354/2 or by memorandum for the record.
(b) A situation report (SITREP) describing the situation, must be send to General Courts-Martial Authority (GCMA) and information addressees command’s Echelon 2 Commander, ISIC, CNO, and COMNAVPERSCOM within 72 hours of complaint receipt.
(c) A close-out SITREP must be sent describing action taken, within 20 days of investigation commencement. If the investigation is not completed at the 20-day point, a SITREP must be sent every 14 days thereafter until the close-out SITREP describing case outcome is released. The complainant’s command is responsible for sending SITREPs upon initial complaint receipt through case resolution (including any subsequent appeal(s)).
(5) Complainants must be notified that the complaint has been resolved and informed of their right to request a review by the next higher authority. Complainant must be informed that the request for a higher level review must be made within 7 days of notification.
(6) When requested by the complainant, the command should provide a redacted copy of the investigating officer’s final report.
(7) Command must conduct a follow-up debrief 3-45 days after final action. This will include a determination of complainant satisfaction with the effectiveness of corrective action, timeliness, present command climate, and a review to ensure reprisal did not occur.
2. If the complaint results in a hostile work environment, commanders will, when possible, temporarily relocate one or both parties, without prejudice, during the course of the investigation; however, commanders should give consideration not to move the complainant. Transfer of the parties involved shall not be considered by the commander to be a resolution of the complaint.
3. Regardless of the outcome of the investigation, the commander will monitor potential reprisals by checking on work center climate and ensuring performance appraisals document job performance accurately (i.e., downgrades shall be supported by written counseling and not related to the complaint).
4. If the subject of the complaint is the commander, and their motivation in a particular sitation could legitimately be called into question (as in the case of writing the complainant’s fitness/evaluation report), the commander should consider requesting an appropriate reporting senior to fulfill their responsibilities.
5. Appeal Process.
a. Both the complainant and the subject(s) of the complaint may appeal administrative findings.
b. The first appeal should be to the first commander in the chain of command with GCMA. Final resolution of an appeal will rest with SECNAV.
c. A complainant may submit an appeal on any legal or equitable grounds, based upon any of the following:
(1) The complainant’s perception that existing DoD or DoN regulations were incorrectly applied in that particular case;
(2) Facts were ignored or weighed incorrectly;
(3) Remedial action ordered by a commander was insufficient under the circumstances; or
(4) Any other good faith basis.
d. The complainant may also submit documentation in addition to the complaint form, such as statements of witnesses, personnel record entries, etc., as may be helpful in resolving the appeal.