Prohibited Activities and Conduct (PAC) IGMC Symposium Brief UNCLASSIFIED Prohibited Activities and Conduct (PAC) IGMC Symposium Brief Prepared by Manpower & Reserve Affairs Manpower Plans & Policy Equal Opportunity & Diversity Management 13 June 2018 Point of Contact: Col. Mark R. Hollahan (703) 432-9394

Agenda Background Policy update Administrative Change 1 based upon Fleet input DEOMI Organizational Climate (DEOCS) Survey Accountability and Oversight MEO Office USMC compliance with DODI 1020.03 1

Background In March 2017, as a result of the Marines United incident, the ACMC Task Force (TF) was established. TF Charter directed to assess underlying cultural issues or barriers that allowed the behavior to occur. Policy Working Group Task: Review and revise existing MC Policy Orders (MEO and Personnel Orders) to implement change to ensure accountability. CMC's intent given to the Working Group was to: shift culture, demonstrate change, ensure policy was punitive, improve accountability, and better tracking/documentation of USMC response to social media misconduct and other prohibited behaviors 2

Prohibited Activities and Conduct Policy (PAC) MCO 5354.1E Updates, consolidates, and aligns existing policy prohibiting harassment (to include sexual harassment), unlawful discrimination, abuse (hazing, bullying, ostracism, retaliation, wrongful distribution or broadcasting of intimate images), and certain dissident and protest activity (to include supremacist activity). Furthers the Marine Corps policy to preserve dignity and promote respect for all Marines and other Armed Forces personnel, assigned to, or serving with, Marine Corps units by ensuring a clear and common understanding of the prohibited activities and conduct addressed in this Order, their intolerable and corrosive effects on our institution, and proper prevention and response actions. Aligns Marine Corps policy with Department of Defense and Department of Navy directives. Is punitive. Violation of the Order constitutes a violation of Article 92 of the UCMJ, though each specified PAC is already proscribed in law, rule or regulation. This is consistent with DOD treatment as well as DON, USN and USA treatment of these prohibited behaviors. 3

MCO 5354.1E ADMIN CHANGE All PAC (to include SH): Initial Assessment window within 3 duty days of commander becoming aware of allegation determine whether to Accept, Refer, or Dismiss complaint All Accepted complaints: Once commander decides to Accept the complaint, immediate initial reporting requirement: OPREP-3 SIR (voice report followed by AMHS msg w/in 6 hrs) Notify GCMCA in writing Direct initial DASH All Referred (warm hand-off) and Dismissed allegations must be documented via DASH Informal Resolution specifically identified as a resolution option Clarified and defined “duty” and “calendar” days 4

DEOMI Organizational Climate Survey (DEOCS) DEOCS - primary survey used by the Marine Corps for evaluating command climate DEOCS is separate from the Commandant Climate Survey (CCS) DEOCS 4.1 Changes (released 1 Aug 17) Survey reduced from 95 to 56 questions The survey assesses 21 from 23 climate factors Key terms defined throughout survey Survey can be reentered; will save data after each page Report length will be reduced by 50% Completion of survey within 25 minutes, depending on comments Anonymity features Less than 5 respondents of any demographic: system does not display demographic No single line of individual data associated with response displays - The DEOCS is a commander’s management tool that allows them to proactively assess critical organizational climate dimensions that can impact the organization’s mission. -- This voluntary survey is designed to assess the “shared perceptions” of respondents about formal or informal policies and practices. - The survey assesses 23 climate factors by posing questions that survey takers respond to using a four-point scale. - The questionnaire focuses on four primary areas: Military Equal Opportunity (EO), Civilian Equal Employment Opportunity (EEO), Organizational Effectiveness (OE), Perceptions of Discrimination/Sexual Harassment and Sexual Assault Prevention & Response (SAPR). -- The DEOCS is using the online version only. -- The survey takes about 25 minutes to complete, and provides multiple opportunities for respondents to enter their personalized comments. -- In order to generate a DEOCS report, a minimum of 16 assigned personnel must complete the survey. -- A total of 15 sub-breakouts are allowed for larger organizations. This allows for a deeper level of analysis that can help determine if an organization is above average, average, or below their Service average. - Respondents’ anonymity is protected when completing the online survey by using a computer-generated, untraceable password. In addition, no personally identifying information (PPI) is collected. -- The survey will not display group data any time fewer than five members of that demographic completes the survey. Commanders can add up to 10 locally-developed questions (LDQs) and five-short answer questions (SAQs) to their survey, helping them target specific areas of concern. 5

DEOCS Climate Factors Organizational Effectiveness (OE) Factors Organizational Commitment Senior Leadership Organizational Performance Group Cohesion Trust in Leadership Connectedness Job satisfaction Organizational Processes Engagement Retaliation Factors SH Retaliation Climate SA Retaliation Climate Equal Opportunity (EO)/Fair Treatment Factors Inclusion at Work Hazing Bullying Unlawful Discrimination Sexual Harassment Unwanted Workplace Experience SAPR Factors SA Prevention Climate Bystander Intervention SA Reporting Knowledge SA Response Climate 6

DEOCS Frequency DEOCS Extension Within 120 days upon assumption of command and every calendar year thereafter Within 90 days prior to the change of command DEOCS Extension May be granted to commands that are deployed for more than six months or to commands that undergo a change of command while deployed. All commands granted extension will complete a DEOCS within 120 calendar days upon return from deployment. DEOCS results will be briefed to the next higher level Commander in the chain of command Briefed within 30 days of results Command Action Plan required that addresses concerns identified Command Action Plan must be approved by the next level Commander MCO 1610.7 (SHORT TITLE: PES) dtd 13 Feb 2015 Page 4-43, par 12.d.(2)(aa) requires a directed comment by the RS in Section I. “Evaluate a commander’s ability to set a command climate that is non-permissive of misconduct, especially sexual assault” 2.  ENHANCING COMMANDER ACCOUNTABILITY:  ALL COMMANDERS ARE REQUIRED TO ENSURE ALL MEMBERS ADMINISTRATIVELY ATTACHED TO THEIR COMMANDS HAVE THE OPPORTUNITY TO PARTICIPATE IN THE ASSESSMENT PROCESS.  FOR COMMANDS WITH MORE THAN 50 PERSONNEL, A CLIMATE ASSESSMENT WILL BE CONDUCTED WITHIN 90 DAYS OF ASSUMPTION OF COMMAND, AND ANNUALLY THEREAFTER.  SUBORDINATE COMMANDS OF 50 OR LESS PERSONNEL WILL BE SURVEYED WITH A LARGER UNIT IN THE COMMAND TO ENSURE ANONYMITY. A. ALL DEOMI ORGANIZATIONAL CLIMATE SURVEY (DEOCS) RESULTS WILL BE BRIEFED TO THE NEXT HIGHER LEVEL COMMANDER IN THE CHAIN OF COMMAND WITHIN 30 DAYS OF RECEIPT SURVEY RESULTS.  TO ENSURE THIS REQUIREMENT IS BEING MET, NEW FEATURES HAVE BEEN ADDED TO THE COMMAND CLIMATE SURVEY REQUEST FORM AND NOTIFICATION EMAILS. D. UPON SURVEY COMPLETION AND THE GENERATION OF THE REPORT, THE NEXT LEVEL COMMANDER, REQUESTING COMMANDER, AND THE SURVEY ADMINISTRATOR WILL ALL RECEIVE A NOTIFICATION EMAIL STATING THE SURVEY HAS BEEN COMPLETED AND THE REPORT HAS BEEN GENERATED.  THIS EMAIL WILL ALSO INCLUDE THE ADMINISTRATOR'S ACCOUNT INFORMATION SO BOTH THE NEXT LEVEL COMMANDER AND REQUESTING COMMANDER CAN ACCESS THE SYSTEM AND RETRIEVE THE PDF SURVEY REPORT. E. ALL COMMANDERS SHALL DEVELOP AN ACTION PLAN TO ADDRESS CONCERNS IDENTIFIED IN THE DEOCS REPORT.  THIS ACTION PLAN MUST ALSO IDENTIFY PERIODIC EVALUATIONS TO ASSESS ITS EFFECTIVENESS.  THE COMMANDER WILL BRIEF THE RESULTS, ANALYSIS, AND ACTION PLAN TO THE NEXT HIGHER LEVEL COMMANDER.  THE NEXT LEVEL COMMANDER WILL APPROVE THE ACTION PLAN PRIOR TO IMPLEMENTATION. 7

ACCOUNTABILITY MCO 1610.7 (SHORT TITLE: PES) dtd 1 May 2018 Requires directed comments by the RS in Section I: “Evaluate a commander’s ability to set a command climate that is non-permissive of misconduct, to include: sexual assault, sexual harassment, hazing, discrimination, retaliation, and social media/internet misconduct.” “Comment on whether or not a commander, if required, has conducted the appropriate command climate assessments as directed by (MCO 5354.1E).” MCO 5354.1E W/ADMIN CH Mandatory fitness report comment for commanders that fail to conduct their required climate assessments Ensure subordinate commanders appropriately document in the OMPF when Marines are substantiated to have committed violations of PAC. MCO 1610.7 (SHORT TITLE: PES) dtd 13 Feb 2015 Page 4-43, par 12.d.(2)(aa) requires a directed comment by the RS in Section I. “Evaluate a commander’s ability to set a command climate that is non-permissive of misconduct, especially sexual assault” 2.  ENHANCING COMMANDER ACCOUNTABILITY:  ALL COMMANDERS ARE REQUIRED TO ENSURE ALL MEMBERS ADMINISTRATIVELY ATTACHED TO THEIR COMMANDS HAVE THE OPPORTUNITY TO PARTICIPATE IN THE ASSESSMENT PROCESS.  FOR COMMANDS WITH MORE THAN 50 PERSONNEL, A CLIMATE ASSESSMENT WILL BE CONDUCTED WITHIN 90 DAYS OF ASSUMPTION OF COMMAND, AND ANNUALLY THEREAFTER.  SUBORDINATE COMMANDS OF 50 OR LESS PERSONNEL WILL BE SURVEYED WITH A LARGER UNIT IN THE COMMAND TO ENSURE ANONYMITY. A. ALL DEOMI ORGANIZATIONAL CLIMATE SURVEY (DEOCS) RESULTS WILL BE BRIEFED TO THE NEXT HIGHER LEVEL COMMANDER IN THE CHAIN OF COMMAND WITHIN 30 DAYS OF RECEIPT SURVEY RESULTS.  TO ENSURE THIS REQUIREMENT IS BEING MET, NEW FEATURES HAVE BEEN ADDED TO THE COMMAND CLIMATE SURVEY REQUEST FORM AND NOTIFICATION EMAILS. D. UPON SURVEY COMPLETION AND THE GENERATION OF THE REPORT, THE NEXT LEVEL COMMANDER, REQUESTING COMMANDER, AND THE SURVEY ADMINISTRATOR WILL ALL RECEIVE A NOTIFICATION EMAIL STATING THE SURVEY HAS BEEN COMPLETED AND THE REPORT HAS BEEN GENERATED.  THIS EMAIL WILL ALSO INCLUDE THE ADMINISTRATOR'S ACCOUNT INFORMATION SO BOTH THE NEXT LEVEL COMMANDER AND REQUESTING COMMANDER CAN ACCESS THE SYSTEM AND RETRIEVE THE PDF SURVEY REPORT. E. ALL COMMANDERS SHALL DEVELOP AN ACTION PLAN TO ADDRESS CONCERNS IDENTIFIED IN THE DEOCS REPORT.  THIS ACTION PLAN MUST ALSO IDENTIFY PERIODIC EVALUATIONS TO ASSESS ITS EFFECTIVENESS.  THE COMMANDER WILL BRIEF THE RESULTS, ANALYSIS, AND ACTION PLAN TO THE NEXT HIGHER LEVEL COMMANDER.  THE NEXT LEVEL COMMANDER WILL APPROVE THE ACTION PLAN PRIOR TO IMPLEMENTATION. 8

OVERSIGHT General Officers in command: Oversee subordinate command compliance with MCO 5354.1E Ensure a commander’s negligent or willful failure to conduct any required command climate assessments is noted via a section I directed comment in the commander’s performance evaluation and is documented in the commander’s performance evaluation. Ensure subordinate commanders appropriately document in official records when Marines are substantiated to have committed prohibited activities and conduct under this Order, found guilty at courts-martial for violation of the punitive provisions of this Order, or receive non-judicial punishment or other adverse administrative action based on conduct otherwise prohibited by this Order. Ensure DASH reports are submitted and completed as prescribed by this Order. MCO 1610.7 (SHORT TITLE: PES) dtd 13 Feb 2015 Page 4-43, par 12.d.(2)(aa) requires a directed comment by the RS in Section I. “Evaluate a commander’s ability to set a command climate that is non-permissive of misconduct, especially sexual assault” 2.  ENHANCING COMMANDER ACCOUNTABILITY:  ALL COMMANDERS ARE REQUIRED TO ENSURE ALL MEMBERS ADMINISTRATIVELY ATTACHED TO THEIR COMMANDS HAVE THE OPPORTUNITY TO PARTICIPATE IN THE ASSESSMENT PROCESS.  FOR COMMANDS WITH MORE THAN 50 PERSONNEL, A CLIMATE ASSESSMENT WILL BE CONDUCTED WITHIN 90 DAYS OF ASSUMPTION OF COMMAND, AND ANNUALLY THEREAFTER.  SUBORDINATE COMMANDS OF 50 OR LESS PERSONNEL WILL BE SURVEYED WITH A LARGER UNIT IN THE COMMAND TO ENSURE ANONYMITY. A. ALL DEOMI ORGANIZATIONAL CLIMATE SURVEY (DEOCS) RESULTS WILL BE BRIEFED TO THE NEXT HIGHER LEVEL COMMANDER IN THE CHAIN OF COMMAND WITHIN 30 DAYS OF RECEIPT SURVEY RESULTS.  TO ENSURE THIS REQUIREMENT IS BEING MET, NEW FEATURES HAVE BEEN ADDED TO THE COMMAND CLIMATE SURVEY REQUEST FORM AND NOTIFICATION EMAILS. D. UPON SURVEY COMPLETION AND THE GENERATION OF THE REPORT, THE NEXT LEVEL COMMANDER, REQUESTING COMMANDER, AND THE SURVEY ADMINISTRATOR WILL ALL RECEIVE A NOTIFICATION EMAIL STATING THE SURVEY HAS BEEN COMPLETED AND THE REPORT HAS BEEN GENERATED.  THIS EMAIL WILL ALSO INCLUDE THE ADMINISTRATOR'S ACCOUNT INFORMATION SO BOTH THE NEXT LEVEL COMMANDER AND REQUESTING COMMANDER CAN ACCESS THE SYSTEM AND RETRIEVE THE PDF SURVEY REPORT. E. ALL COMMANDERS SHALL DEVELOP AN ACTION PLAN TO ADDRESS CONCERNS IDENTIFIED IN THE DEOCS REPORT.  THIS ACTION PLAN MUST ALSO IDENTIFY PERIODIC EVALUATIONS TO ASSESS ITS EFFECTIVENESS.  THE COMMANDER WILL BRIEF THE RESULTS, ANALYSIS, AND ACTION PLAN TO THE NEXT HIGHER LEVEL COMMANDER.  THE NEXT LEVEL COMMANDER WILL APPROVE THE ACTION PLAN PRIOR TO IMPLEMENTATION. 9

IG OVERSIGHT Checklist Revisions - with proposed Findings for uniform assessments Command Actions (7 questions/ 58%) General Officer Oversight (2 questions/ 40%) EOA/MEO Office Responsibilities (3 questions/ 30%) 10

Equal Opportunity Advisor (EOA) MEO OFFICE Equal Opportunity Advisor (EOA) 11

EOA Responsibilities Provide Subject Matter advice and guidance on all PAC matters: Counseling complainants Clarify concerns Coordinate investigations Act as a referral source to connect complaints with support services Provide criteria reviews on Reports of Investigations Central Point of Contact for PAC reporting via DASH Track compliance with command climate assessment requirements Provide briefings and training on command climate issues Conduct inspections of subordinate elements PAC prevention and response efforts (IG Inspections) Perform mediation services 12

Compliance With DODI 1020.03 Harassment Prevention And Response In The Armed Forces DoD 1020.03 Requirement for Secretaries/Mil Dept's to Establish military harassment prevention and response programs that ensure: New MCO 5354.1E Cancelled MCO’s MCO 1700.28 B Hazing MCO 5354.1D CH1 EO Manual MCO 1000.09A Sexual Harassment Service members are treated with dignity and respect   Leaders at all levels are held appropriately accountable for climate Harassment complaints are investigated in an impartial and timely manner Complainants receive access to available victim services and support Complainants are afforded an opportunity to provide input regarding disposition Complainants receive ongoing timely information regarding the status of their complaints Complainants receive notice of disposition  “Violations of the policies in this instruction may constitute violations of specific articles of Chapter 47 of Title 10, U.S.C., also known and referred to in this issuance as the “Uniform Code of Military Justice (UCMJ)” and may result in administrative or disciplinary action.” *only for SH *not Hazing *only for SH 13

MCB Quantico, Marsh Building, 4th Deck MPE Contact Information Col Anthony J. Bianca, Branch Head (MPE) anthony.bianca@usmc.mil Ms. Alfrita Jones, Deputy Branch Head (MPE) alfrita.jones@usmc.mil Capt Michelle Chadwick michelle.chadwick@usmc.mil Mr. Robert Raines robert.raines@usmc.mil MSgt Mechelle Sharpe mechelle.sharpe@usmc.mil MCB Quantico, Marsh Building, 4th Deck Phone: (703) 784-9371 / 9372 / 9373 / 9374 14

Questions Questions? 15