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A TOOL KIT Defense Technical Information Center
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4j DEPARTMENT OF THE NAVY,CHIEF OF NAVAL OPERATIONS. 2000 NAVY PENTAGON,WASHINGTON DC 20350 2000,IN REPLY REFER TO. Ser 00 4U500059, MEMORANDUM FOR COMMANDERS COMMANDING OFFICERS OFFICERS IN. CHARGE AND CIVILIAN HEADS OF NAVY ACTIVITIES, Subj COMMANDER S HANDBOOK FOR PREVENTION OF SEXUAL. HARASSMENT,Ref a SECNAVINST 5300 26B, 1 Promulgation of reference a on 6 Jan 93 represented a total Navy.
commitment to eliminate sexual harassment via an aggressive multi faceted all. hands effort, 2 SECNAV rightly recognized that sound leadership is the cornerstone of this. effort and harged commanders and supervisors with responsibility for setting the. example in treating all people with mutual respect and dignity fostering a climate. free of all forms of unlawful discrimination and preventing sexual harassment. Navy leaders are obligated not to ignore or condone sexual harassment in any. form and they must take whatever action is required to ensure that a recipient of. sexual harassment is not subsequently also the victim of reprisal or retaliation. These responsibilities are part of the broader responsibility of commanders and. supervisors to foster a positive climate and take appropriate corrective action when. conduct is disruptive provoking discriminatory or otherwise unprofessional I. expect your personal involvement in meeting these responsibilities and know that I. can count on your best efforts, 3 Per SECNAV direction this Handbook has been developed as a resource to. assist you in preventing sexual harassment at your activity and to provide. sufficient references and guidance to enable you to appropriately and effectively. deal with such sexual harassment complaints as may occur This Handbook does. not however establish any additional rights or entitlements for individuals. 4 Your suggestions for improving this Handbook are welcomed and should be. forwarded to the Chief of Naval Personnel PERS 6 Washington DC 20370. F B KELSO II,S Admiral U S Navy, ERRATA FOR RECIPIENTS OF THE COMMANDER S HANDBOOK FOR. PREVENTION OF SEXUAL HARASSMENT, 1 In order to provide a convenient one stop ready reference this Handbook. anticipates that certain important separately issued materials will be annexed as. 3ppendices, 2 In order to assemble a complete copy of this Handbook please therefore insert.
copies of the following materials all of which should be readily available at all. commands in the Handbook as the appendices hereafter indicated. Appendix Insert the following,A SECNAVINST 5300 26B Department of the Navy DON. Policy on Sexual Harassment,B OPNA VINST 5370 2A Navy Fraternization Policy. F Informal Resolution System IRS Skills Booklet Resolving. Conflict Following the Light of Personal Behavior,NAVPERS 15620 SN 0500LP5430900 may be ordered via. normal supply channels from Navy Aviation Supply Office. ASO 1013 700 Robbins Avenue Philadelphia PA,19111 5098 phone 215 697 2626 2997 or DSN 442. H Schedule of Offenses and Recommended Remedies,appendix B to enclosure 1 of OCPMINST 12752 1 w.
Ch 1 Discipline and Adverse Actions CPI 752 B,Acceslon For. NTIS CRA I,Unannounced 0,Justification,Distribution I. Availability Codes,Avail and Ior,Dist Special,COMMANDER S HANDBOOK. A TOOL KIT,FOR PREVENTION OF SEXUAL HARASSMENT,Contents iii. 1 Executive Summary 1 1,2 Policylresponsibilitiesldefinitions 2 1.
Sexual harassment s effects 2 1,SECNAVINST 5300 26B 2 1. DON policy 2 1,Responsibilities 2 2,Accountability 2 3. Definitions 2 4,Sexual harassment 2 4,Conduct of a sexual nature 2 4. Hostile environment 2 5,Knowingly false complaint 2 5. Quid pro quo sexual harassment 2 5,Reasonable person standard 2 6.
Reprisal 2 6,Unwelcome 2 6,Work environment 2 6,Behavior zones red yellow green 2 7. Relationg hip SECNAVINST 5300 2613 other laws and directives 27. EOIEEO big picture 2 7,Other prohibitions against sexual harassment 2 8. Other prohibited conduct 2 8,Fraternization 2 8,Standards of Conduct 2 9. Other related offenses 2 9,Case study references 2 9. 3 The key establish a positive commandlactivity climate. An ounce of prevention 3 1,Leadership 3 1,Key references 3 2.
Make sure your people get the word 3 3,Train educate 3 4. Assignments opportunities advancement 3 7,FITREPS EVALS Performance ratings 3 7. Awards recognition 3 8,Public affairs 3 8, Additional measures to strengthen comprehensive EOIEEO climate 3 9. Identify evaluate correct unacceptable practices 3 10. Inoculate against reprisals 3 10, 4 Roadmap for handling sexual harassment complaints 4 1. Complaints 4 1, Upon receipt of a complaint appropriate action is mandatory 4 1.
Provide obtain offer counseling support referral services from the outset 4 2. Other preliminary considerations 4 3,Special Incident Report 4 3. Major criminal offense 4 3,Recommend IRS 4 4,Ratify IRS 4 4. What further investigation if any is indicated 4 4. Com mand inquiry 4 4, Possible command actions after inquiry investigation 4 5. Disposition of allegations 4 5,Document facts decisions and actions 4 6. Protect privacy 4 6,Provide and soiicit feedback 4 6.
Preclude reprisal 4 6,What if a comp aint proves fa se 4 7. Statistical reporting 4 7, Consider implemsnt command improvements based on lessons learned 4 8. 5 Avenues for redresslsupport services 5 1,Background 5 1. Redress support services avai able to all personnel 5 1. DON Sexual Harassment Advice Line 5 1,Informal Resolution System IRS 5 1. Authorized command forums 5 2,Other local resources 5 2.
Formal complaint to command 5 2,Communications with Inspectors General 5 2. Additional redress support available to military personnel 5 3. Informal grievance 5 3,Request mast with CO 5 3,Article 138 complaint 5 3. Redress of wrong committed by a superior 5 3, Assistance of personal advocate at shore commands 5 4. Assistance of legal counsel 5 4,Individual communications with Congress 5 4. Additional redress support available to civilian personnel 5 5. Administrative grievance 5 5,Negotiated grievance procedure NGP 5 5.
Discrimination complaint procedure 5 5, Appeals to Merit Systems Protection Board MSPB 5 6. Civilian Employee Assistance Program CEAP 5 6, Possible management support services for offending persons 5 7. Communications with Congress 5 7, Special considerations for crime victims and witnesses 5 7. 6 Summary of the Informal Resolution System IRS 6 1. Background 6 1,Concept and goals 6 1,Individual responsibilities 6 1. Com position 6 1,Behavior zones 6 1,Resolution options 6 2.
Relationship to formal resolution 6 2,Commander s responsibilities under the IRS 6 3. IRS elements 6 4,IRS Skills Booklet 6 4,Training Information Resource TIR Library 6 4. Lesson plan series 6 4,IRS Case Studies see appendix K. 7 Options for correcting civilian offenders 7 1,Close case as unfounded 7 1. Recom mend IRS 7 1,Ratify IRS 7 1,Counseling 7 1,Civilian Employee Assistance Program CEAP 7 1.
Performance appraisals 7 2, Security clearance PRP adjustment or withdrawal 7 3. Oral or written admonition 7 3,Disciplinary or corrective personnel action 7 3. Criminal prosecution 7 4,8 Options for correcting military offenders 8 1. Dismiss case as unfounded 8 1,Administrative Action 8 1. Recommend IRS 8 1,Ratify IRS 8 1,Nonpunitive measures 8 1.
Counseling 8 2,Nonpunitive letter of caution 8 2,Extra military instruction EMI 8 2. Denial of privileges 8 2,Letter of instruction LOI 8 3. FITREPS EVALS 8 3, Security clearance PRP adjustment or withdrawal 8 5. Reassignment of duties 8 5,Early transfer delay of transfer 8 5. Detachment for cause 8 5,Separation processing 8 5.
Disciplinary action 8 6,References 8 6,Offenses 8 6. Nonjudicial punishment NJP 8 6,NJP in general 8 6,Minor offenses 8 7. Authority to impose NJP 8 7,Limitations on power to impose NJP 8 8. Persons upon whom NJP may be imposed 8 8,Procedures 8 9. Mast options 8 9,Dismissal with or without warning 8 9.
Referral to court martial 8 10,Referral to superior authority 8 10. Postponement of action 8 10,Imposition of NJP 8 10. Suspension of some or all punishment 8 10,NJP punishment chart 8 11. Summary court martial 8 12,Special court m artial 8 12. General court martial 8 13,Appendices, A SECNAVINST 5300 26B DON Policy on Sexual Harassment A 1.
B OPNAVINST 5370 2A Navy Fraternization Policy B 1. C ALNAV 013 93 NAVREGS 1165 1166 C,D Sample command policy statement D 1. E Sample POD POW Notes E 1, F Informal Resolution System IRS skills booklet Resolving Conflict. Following the Light of Personal Behavior NAVPERS 15620 F 1. G Training Information Resource TIR Library Bibliography G 1. H OCPM Schedule of Offenses and Recommended Remedies H 1. I Charging sexual harassment under the UCMJ I 1, J Bibliography of references related to sexual harassment J 1. K Case Studies Informal Resolution System K 1,L Case Studies Sexual Harassment Fleet L 1. M Guidelines for the command Investigating Officer M 1. EXECUTIVE SUMMARY, This Handbook is designed for reference by commanders commanding officers and.
civilian activity heads It highlights Navy s policies and regulations on sexual. harassment and related issues The following Executive Summary provides an. abbreviated description of the information contained in this Handbook but is no. substitute for a thorough review of pertinent materials. Chapter 2 Policylresponsibilities definitions, Summarizes provisions of SECNAVINST 5300 26B Department of the Navy. DON Policy on Sexual Harassment relative to identification prevention and. elimination of sexual harassment, Highlights individual responsibilities accountability and DON regulations. applicable to all military and civilian personnel which prohibit sexual harassment. reprisals condonation by superiors or supervisors or knowingly false accusations. Discusses definitions pertinent to sexual harassment outlines the red yellow. green behavior zone model reviews other sometimes related inappropriate conduct. such as fraternization and standards of conduct Just because it s not sexual. harassment doesn t necessarily mean it s OK,Related appendices include. Appendix A copy of SECNAVINST 5300 26B,Appendix B copy of OPNAVINST 5370 2A. Appendix C copy of NAVREGS 1165 1166, Appendix F Informal Resolution System IRS skills booklet.
Appendix H OCPM Schedule of Offenses and Recommended Remedies. Appendix I charging sexual harassment under the UCMJ. Appendix J bibliography of references related to sexual harassment. Appendix K IRS case studies,Appendix L Fleet Case Studies. Chapter 3 The key establish a positive command activity climate. An ounce of prevention, Leadership has a crucial role in eliminating all forms of unlawful discrimination. fostering a positive command climate disseminating clear command policy and. creating and nurturing the processes to implement it. Discusses integration of sexual harassment prevention within a comprehensive. EO EEO program and reviews pertinent responsibilities in such areas as. Internal command communications,Training education. Assignments opportunities advancements,FITREPS EVALS Performance ratings. Awards recognition,Public affairs, CO activity head must identify evaluate correct unacceptable practices Take.
or support prompt decisive and appropriate corrective action when infractions. occur Use care and judgment in deciding upon the procedures by which complaints. can be most effectively investigated reviewed and acted upon Seek to resolve. indications of sexual harassment at the lowest appropriate evel Do not get involved. when conflict is being resolved by those directly involved Intervene when necessary. Establish and enforce command procedures to ensure that a recipient of sexual. harassment is not subsequently also the victim of reprisal or retaliation. Related appendices include,Appendix D sample command policy statement. Appendix E sample POD POW notes, Appendix G Training Information Resource TIR bibliography. Appendix J bibliography of references related to sexual harassment. Chapter 4 Roadmap for handling sexual harassment complaints. No CO OIC activity head can ever ignore evidence of inappropriate conduct of. which he she becomes aware Upon becoming aware of harassing conduct it is. mandatory for proper authority ordinarily the immediate CO OIC activity head to take. immediate action to determine what disposition should be made thereof in the. interests of justice and discipline Disposition must be accomplished with sensitivity. and based upon an investigation sufficient for an intelligent decision The nature of. the investigation will depend upon the particular facts and circumstances. Avoid re victimizing complainants and witnesses Provide obtain offer. counseling support or referral services from the outset continually monitor and. provide follow up services as needed Comply with any specific requirements. pertinent to crime victims and witnesses,Other preliminary considerations. Special Incident Report, Major criminal offense requiring deferring command action to NCIS. Recommend ratify use of the Informal Resolution System IRS. What further investigation is indicated, Command inquiry Purely military offenses and very minor offenses and.
civilian employees misconduct normally are investigated by a person assigned to the. local command There are no set procedures or forms for preliminary inquiries and. procedures should be tailored to suit the particular requirements of an individual. command The overall conduct of the investigation should be both thorough and. impartial Appendix M contains detailed guidelines for command investigations of. sexual harassment complaints Although directed to the investigator appendix M can. also can be useful to the CO OIC activity head as a checklist in directing an. investigation evaluating its adequacy formulating conclusions and assessing. Upon completion of an adequate inquiry the CO OIC activity head must ensure. disposition t urs in a timely fashion and at the lowest appropriate level Options for. disposition sid 1 the spectrum from a considered decision to take no action on. groundless complaints following appropriate investigation through administrative. sanctions to NJP court martial for military offenders or referral for criminal prosecution. of civilians, Chapter 7 reviews disposition options for civilian offenders. Chapter 8 reviews disposition options for military offenders. 0 Document facts decisions and actions in command records and individual. personnel records, Protect individual privacy through all stages of the process. Provide feedback within a reasonable time to all affected individuals consistent. with the requirements of the Privacy Act and other pertinent laws regulations and. negotiated agreements, Make sure your people understand what reprisal is and make it unquestionably. clear that it s unlawful and will not be tolerated Ensure the complainant knows how. and to whom to report any suspected instances of reprisal Actively follow. complainant s performance evaluation Assign a personal advocate for the. complainant, it is just as much an offense to knowingly make a false complaint of sexual. harassment but it is not a violation to make even a baseless complaint in good faith. CO s activity heads should proceed most cautiously when considering disciplinary. action for a false complaint since there can be a real risk that the command action. could be seen as a reprisal, Make any required statistical reports for the sexual harassment complaint.
tracking system, Consider implement command improvements based on lessons learned. Related appendices include, Appendix F Informal Resolution System IRS skills booklet. Appendix K IRS case studies,Appendix L Fleet Case Studies. Appendix M guidelines for command investigator,Chapter 5 Avenues for redress support services. SECNAVINST 5300 26B requires that individuals who believe that they have. been sexually harassed will be afforded multiple avenues to seek resolution and. redress and that all personnel will be made aware of available avenues of resolution. and redress, Redress support services available to all personnel include the DON Sexual.
Harassment Advice Line Informal Resolution System IRS authorized command. forums other local resources formal complaint to command and communications. with Inspectors General, Additional redress support available to military personnel include the informal. grievance request mast with CO OIC Article 138 complaint redress of wrong. committed by a superior and individual communications with Congress. Additional redress support available to civilian personnel include the. administrative grievance negotiated grievance procedure NGP discrimination. complaint procedure appeal to Merit Systems Protection Board MSPB Civilian. Employee Assistance Program CEAP possible management support services for. offending persons and communications with Congress. Special considerations pertain for crime victims and witnesses to ensure. compliance with applicable guidance to protect assist and support help mitigate any. physical psychological and financial hardships which they might suffer and provide. access to appropriate counselling and advice as to rights. Related appendices include,Appendix E sample POD POW notes. Appendix F Informal Resolution System IRS skills booklet. Appendix K IRS case studies,Appendix L Fleet Case Studies. Informal Resolution System IRS, Summarizes the IRS development at SECNAV direction to resolve conflict at. lowest possible level without precluding concurrent use of formal resolution options. Reviews IRS elements individual roles and responsibilities not to ignore conflict to. review resolution options upon perceiving it and to take action to resolve it. Discusses 3 behavior zone analogy red yellow green traffic light and training. resources available to command,Related appendices include.
Appendix F Informal Resolution System IRS skills booklet. Appendix G Training Information Resource TIR bibliography. Appendix K IRS case studies, Chapter 7 Options for correcting civilian offenders. Disposition options for civilian offenders include. Informed considered decision to close case as unfounded. Recommend ratify use of Informal Resolution System IRS if appropriate. Counseling,Civilian Employee Assistance Program CEAP. Performance appraisals,Security clearance PRP adjustment or withdrawal. Oral or written admonition, Corrective action e g reassignment and or EEO training. Disciplinary action ranging from reprimand to removal from Federal service. Criminal prosecution in coordination with cognizant authorities. Related appendices include,Appendix A copy of SECNAVINST 5300 26B.
Appendix F Informal Resolution System IRS skills booklet. Appendix H OCPM Schedule of Offenses and Recommended Remedies. Appendix J bibliography of references related to sexual harassment. Appendix K IRS case studies,Appendix L Fleet Case Studies. Chapter 8 Options for correcting military offenders. Disposition options for military offenders include. Informed considered decision to close case as unfounded. Administrative action, Recommend ratify Informal Resolution System IRS if appropriate. Counseling,Nonpunitive letter of caution,Extra military instruction. Denial of privileges,Letter of instruction,FITREPS EVALS. Security clearance PRP adjustment or withdrawal,Reassignment of duties.
Early transfer delay of transfer,Detachment for cause. Administrative separation processing mandatory if aggravated case. Disciplinary action,Nonjudicial punishment NJP chart included. Summary court martial N A to officers enlisted have right to refuse. Special court martial no punitive discharge for officers. General court martial prerequisite Art 32 UCMJ investigation. Related appendices include,Appendix A copy of SECNAVINST 5300 26B. Appendix B copy of OPNAVINST 5370 2A,Appendix C copy of NAVREGS 1165 1166. Appendix F Informal Resolution System IRS skills booklet. Appendix I charging sexual harassment under the UCMJ. Appendix J bibliography of references related to sexual harassment. Appendix K IRS case studies,Appendix L Fleet Case Studies.
Appendices Contain, A number of basic directives SECNAVINST 5300 26B Sexual Harassment. OPNAVINST 5370 2A Fraternization ALNAV 013 93 NAVREGS 1165 1166. Fraternization Sexual Harassment also bibliography of other related references. Sample Command Policy Statement every command must promulgate its own. and sample POD POW notes, Copy of the Informal Resolution System IRS skills booklet and the IRS. Training Information Resource TIR Library Bibliography. OCPM Schedule of Offenses and Recommended Remedies for civilian. Detailed chart for charging sexual harassment under the UCMJ. IRS case studies,Fleet case studies, Guidelines for the command investigating officer of sexual harassment.


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