1. Prevention of Sexual Harassment
Definition of SH
OPNAVINST E Policy
Commander’s responsibilities
Commander’s SH statement sample
Guidelines for handling and reporting complaints
Guideline for handling formal complaints
Unit SITREP reporting (plus initial and close-out samples)
Command Managed Equal Opportunity Manager
Equal Opportunity Advisor
Climate Assessment

2. Definition of Sexual Harassment
“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
submission to such conduct is made either explicitly or implicitly a term or condition of a person’s job, pay, or career;

3. Definition of Sexual Harassment
submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person; or
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.”
Continued from the definition,
“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.”
“The term ‘workplace’ or ‘work environment’ is an expansive term for military members and may include conduct on or off duty, 24 hours a day. The work environment is the workplace or any other place that is work-connected, as well as the conditions or atmosphere under which people are required to work. Examples of work environment include, but are not limited to, an office, an entire office building, a DOD base or installation, DOD ships, aircraft or vehicles, anywhere when engaged in official DON business, as well as command-sponsored social, recreational and sporting events, regardless of location.”
“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 SH.”
“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 SH.”

4. OPNAVINST 5354.1E: Navy Equal Opportunity Policy
“Acts of unlawful discrimination and SH are contrary to our core values of honor, courage and commitment.”
“CMEO is intended to be one many commander’s tools for the prevention of unprofessional behavior and for ensuring EO goals are obtained.”
“Acts of unlawful discrimination and SH are contrary to our core values of honor, courage and commitment.”
“CMEO is intended to be one many commander’s tools for the prevention of unprofessional behavior and for ensuring EO goals are obtained.”

5. OPNAVINST E Policy
“..it is DOD and DON policy to prohibit unlawful discrimination and SH against persons or groups based on race, ethnicity, national origin, sex, or religion.”
“EO, the prevention of SH, and all the elements thereof as defined in this instruction are gender-neutral concepts.”
“..it is DOD and DON policy to prohibit unlawful discrimination and SH against persons or groups based on race, ethnicity, national origin, sex, or religion.”
EO, the prevention of SH, and all the elements thereof as defined in this instruction are gender-neutral concepts.”

6. OPNAVINST E Policy
“..therefore, discrimination, SH, threats, and other behaviors covered by this instruction involving members of the same sex are prohibited and all requirements of this instruction apply. This includes conduct against service members on the basis of sexual orientation or homosexual conduct.”
“..therefore, discrimination, SH, threats, and other behaviors covered by this instruction involving members of the same sex are prohibited and all requirements of this instruction apply. This includes conduct against service members on the basis of sexual orientation or homosexual conduct.”

7. OPNAVINST 5354.1E Policy “No individual in the Navy shall
take reprisal action against a person who provides information on an incident of alleged unlawful discrimination or SH.
knowingly make a false accusation of unlawful discrimination or SH.
while in a supervisory or command position, condone or ignore unlawful discrimination or SH of which individuals have knowledge or have reason to have knowledge.”
“No individual in the Navy shall
take reprisal action against a person who provides information on an incident of alleged unlawful discrimination or SH.
knowingly make a false accusation of unlawful discrimination or SH.
while in a supervisory or command position, condone or ignore unlawful discrimination or SH of which individuals have knowledge or have reason to have knowledge.”

8. OPNAVINST 5354.1E Commanders Responsibilities
Promote a positive command climate.
Ensure discrimination is absent in administrative and disciplinary proceedings.
Ensure that career actions are consistent and fair across all grades.
Promote a positive command climate through personal example.
Ensure that unlawful discrimination is absent in administrative and disciplinary proceedings.
Ensure that career actions are consistent and fair across all grades.

9. OPNAVINST 5354.1E Commanders Responsibilities
Assignment of jobs, education opportunities, and special programs are based on merit, fitness and capability.
Provide annual EO training and grievance procedure instruction.
Review command demographics for retention, discipline, advancement, and awards.
Ensure personnel are assigned jobs, education opportunities, and special programs based on merit, fitness and capability, and receive awards and recognition based on the same.
Provide annual EO training and grievance procedure instruction for all assigned command members as part of CNET generated GMT.
Ensure command demographics for retention, discipline, advancement, and awards are reviewed by race/ ethnicity, sex, and paygrade/rank.

10. OPNAVINST 5354.1E Commanders Responsibilities
Assess the command climate.
Ensure a CMEO manager is designated in writing and attends training.
Ensure procedures for processing EO complaints are permanently displayed.
Ensure all individuals are familiar with their right to submit an informal or formal complaint and the methods for submission.
Assess their command climate preferably upon assuming command, with appropriate follow-up assessments during their command tenure.
Ensure anonymity and confidentiality of responses to interviews, focus groups, etc., in support of an assessment are protected.
Ensure a CMEO manager is designated in writing and attends training as directed by CNET.
Ensure DON procedures for processing EO complaints are permanently and prominently displayed. Ensure an effective system is in place within the command to resolve complaints of unlawful discrimination and SH at the lowest possible level.
Ensure all individuals are familiar with their right to submit an informal or formal complaint and the methods for submission. At a minimum, necessary posters shall be displayed in a prominent location; the name and telephone number of the command’s point of contact for EO issues shall be posted. Maintain CMEO records file of ongoing EO complaints, actions taken and closed-out complaints.

11. OPNAVINST 5354.1E Commanders Responsibilities
Ensure all personnel know of resources to assist in processing EO complaints.
Ensure EO complaint procedures are effective and timely.
Ensure Unit SITREPS are sent upon receipt of a formal complaint and reporting continues through case resolution.
Ensure all personnel know about command and shore based assistance available to those who need help in processing EO complaints.
This assistance includes access to legal counsel, EOAs, the Navy EO/SH Adviceline, and the NAVINSGEN, fraud, waste, and abuse hotline.
Ensure EO complaint procedures are effective and timely.
Ensure detailed SITREPS are sent upon receipt of a formal complaint and that reporting continues through case resolution.
Refer unlawful discrimination or SH complaints against Flag officers or senior executives service officials to NAVINSGEN.

12. OPNAVINST 5354.1E Commanders Responsibilities
Ensure command climate complaints are investigated and reviewed.
Ensure mandatory officer fitness report/enlisted performance evaluation entries based on court-martial or NJP.
Ensure command climate complaints are investigated in a fair, impartial, and prompt manner and that all EO investigative reports are reviewed for legal sufficiency.
Ensure mandatory officer fitness report/enlisted performance evaluation entries are made for servicemembers found guilty at court-martial or other courts of competent jurisdiction or who receive Non-Judicial Punishment based on commission of a criminal offense involving unlawful discrimination or SH

13. CO’s Sexual Harassment Statement sample
USS CARRIER
“Sexual harassment is incompatible with Navy standards and is absolutely unacceptable aboard CARRIER. I am personally committed and professionally required to provide a work environment that is free from sexual harassment. Sexual Harassment involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Specifically, if submission to or rejection of sex offers becomes a term or condition of a person’s performance, pay, or career; or creates an intimidating, hostile or offensive working environment, I will punish the offenders to the maximum extent possible.

14. CO’s Sexual Harassment Statement sample cont.
If an incident of sexual harassment occurs, individuals must use proper informal or formal grievance procedures, if you don’t them, see the Command Master Chief or your direct Chain of Command.
The grievance procedure system requires the absolute confidence of those who must use it, therefore reprisal action will not be tolerated. Any complaint of reprisal action against a person who uses the grievance system will be dealt with by me in the appropriate manner.
Bottom line – Sexual harassment will not be tolerated aboard CARRIER.”

15. Guidelines for handling and reporting complaints
Commanders have direct responsibility for managing the complaint process.
Individuals are encouraged (but not required) to use Informal Resolution System prior to filing a formal complaint.
Actions for IRS include:
Address the concerns directly with the person.
Request assistance or mediation to resolve the dispute.
Request EO training be presented in the workplace.
The chain of command is the primary and preferred channel for identifying and correcting discriminatory practices. Commanders have direct responsibility for managing the complaint process.
Individuals who believe they have experienced (or observed) a sexually harassing or discriminating situation are encouraged to use the Informal Resolution System (IRS) to reach a satisfactory resolution. Complaints should be resolved informally whenever possible, however there is no requirement to attempt informal resolution prior to filing as formal complaint.
-Address the concerns verbally or in writing with the person(s) demonstrating the behavior.
-Request assistance from another command member or request mediation to resolve the dispute.
-Request EO training be presented in the workplace.

16. Guidelines for handling and reporting complaints
Witnesses to unlawful discrimination or SH are required to report offenses.
All incidents shall be investigated and resolved in a fair, impartial, and prompt manner.
Reprisal investigations are handled at the next higher level in the COC.
The preferred method of filing a formal complaint is by submitting a NAVPERS 5354/2 Navy EO/SH Formal Complaint Form.
Witnesses to unlawful discrimination or SH shall be held accountable for reporting offenses.
All reported incidents of unlawful discrimination or SH shall be investigated in a fair, impartial, and prompt manner and resolved at the lowest appropriate level.
Administrative investigations will be conducted at the local command as appropriate. Reprisal investigations will normally be handled at the next higher level in the chain of command.
The preferred method of filing a formal complaint is by submitting a NAVPERS 5354/2 Navy Equal Opportunity/Sexual Harassment Formal Complaint Form. Other formal resolution options are:
-Filing a U.S. Navy Regs art 1150, Redress of Wrong committed by a Superior (other than the commander)
-Filing a UCMJ art 138 Complaints of Wrong against the commander.
-Filing a NAVPERS 1627/7, Report and Disposition of Offenses
-Contacting the Inspector General, which includes Echelon 2 IGs as well as the Navy IG.
-Communicating with elected officials.

17. Guidelines for handling Formal Complaints
Personnel receiving a formal complaint shall submit the complaint to the Commander within 1 day.
Identify available counseling support or referral services.
Within 24 hours, assign advocates to each complainant, alleged offender and witness.
Personnel receiving a formal complaint shall submit the complaint to the commander within 1 calendar day of receipt.
Identify available counseling support or referral services available for all personnel involved in incidents of discrimination and SH.
Within 24 hours of receipt of a formal complaint, advocates shall be assigned to each complainant, alleged offender and any witness to ensure they are informed about complaint processing. Advocates should:
-Not be a principal in the alleged complaint.
-Be equivalent or senior to assigned member.
-Not be appointed to assist more than one individual.
The level of the investigation on a formal complaint is determined by the commander.

18. Guidelines for handling Formal Complaints
Commence the investigation within 72 hours.
Send a Unit SITREP within 72 hours.
Send a close-out SITREP within 20 days, or a continuation SITREP every 14 days until close-out.
The investigation must commence within 72 hours of complaint submission. The IO should be senior to the complainant and alleged offender. The complainant will be notified by the IO that the investigation has begun and will acknowledge on the NAVPERS 5354/2.
A UNIT SITREP describing the situation must be sent to GCM Authority, and info to the command’s Echelon 2 commander, ISIC, CNO Washington DC N00E, and PERS-61 within 72 hours of receipt of the complaint.
A close-out SITREP must be sent describing action taken, within 20 days of investigation commencement. If the investigation is not completed, a continuation SITREP must be sent every 14 days thereafter until close-out.

19. Guidelines for handling Formal Complaints
Notify the complainant that the complaint has been resolved. Informed of their right to request a review.
Conduct a follow-up debrief days after final action.
A complainant may submit an appeal on any legal or equitable grounds.
Complainants must be notified the complaint has been resolved and informed of their right to request a review by the next higher authority (within 7 days).
When requested by the complainant, the command should provide a copy of the investigating officer’s final report.
The command must conduct a follow-up debrief days after final action. The command follow-up 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.
The command must maintain complaints and investigations for 36 months.
A complainant may submit an appeal on any legal or equitable grounds, based on any of the following:
-The complainant’s perception that existing DOD or DON regulations were incorrectly applied in that particular case;
-Remedial action ordered by a commander was insufficient under the circumstances; or
-Any other good faith basis.

20. Unit SITREPs
Commands must submit SITREPS to report all formal EO/SH complaints. SITREP requirements include, but are not limited to, complaints made via:
NAVPERS 5354/2, Navy EO/SH complaint form
NAVPERS 1636/7, Report and Disposition of Offenses
NAVREGS ART. 1150, Redress of Wrongs Committed by a Superior
UCMJ Art.138, Redress of Wrongs against the Commanding Officer
Congressional and any Inspector General Inquiries.
Commands must submit SITREPS to report all formal EO/SH complaints. SITREP requirements include, but are not limited to, complaints made via NAVPERS 5354/2, Navy EO/SH complaint form; NAVPERS 1636/7, Report and Disposition of Offenses; NAVREGS ART. 1150, Redress of Wrongs Committed by a Superior; UCMJ Art.138, Redress of Wrongs against the Commanding Officer; Congressional Inquiry and any Inspector General Inquiry.

21. Initial EO UNIT SITREP R XXXXXXZ MMM YY FM XXXXXXXXXXXXXXX//00//
TO RHMFISS/CNET PENSACOLA FL//00J//
RUCTPOA/CNET PENSACOLA FL//00J//
INFO RHMFIUU/CNO WASHINGTON DC//N00E//
RUENAAA/CNO WASHINGTON DC//N00E//
RUCCBWF/COMNAVPERSCOM MILLINGTON TN//PERS-61//
RUCTPOA/CNET PENSACOLA FL//JJJ// BT
UNCLAS //N05354//
MSGID/GENADMIN//
SUBJ/FORMAL EQUAL OPPORTUNITY-SEXUAL HARRASSMENT COMPLAINT//
REF/A/DOC/PERS61/22JAN01//
AMPN/REF A IS OPNAVINST E, NAVY EO POLICY//
POC/NAME/RANK/-/-/TEL: COMM:(XXX)XXX-XXXX/DSN: XXX-XXXX//
RMKS/1. INCIDENT DATA
A. COMMAND DATA:
(1) LOCAL INCIDENT NUMBER: UIC
(2) INITIAL MESSAGE
(3) COMMAND SUBMITTING REPORT: NAME OF COMMAND
(4) PERMANENT COMMAND TO WHICH COMPLAINANT IS ASSIGNED: SAME AS ABOVE
(5) ECHELON II COMMAND: CNET
(6) POC/PHONE: NAME/COMM: (XXX)XXX-XXXX/DSN:XXX-XXXX
(7) TYPE OF REPORT: INITIAL
(8) DATE COMPLAINT SUBMITTED TO CHAIN OF COMMAND BY COMPLAINANT: DDMMMYY
(9) TYPE OF INCIDENT: SEXUAL HARASSMENT, HOSTILE WORKING ENVIORNMENT
(10) METHOD USED TO SUBMIT COMPLAINT: NAVPERS FORM 5354/2

22. B. (1) COMPLAINANT DATA:
(A) GENDER: F
(B) PAYGRADE: E-1
(C) AFFILIATION: USN
(D) DUTY STATUS: ACTIVE
(E) RACE: CAUCASIAN
(F) ALCOHOL USE SUSPECTED: NO
(2) COMPLAINANT DATA:
(B) PAYGRADE: E-3
C. ALLEGED OFFENDER DATA:
(1) GENDER: M
(2) PAYGRADE: E-1
(3) AFFILIATION: USN
(4) DUTY STATUS: ACTIVE
(5) RACE: CAUCASIAN
(6) ALCOHOL USE SUSPECTED: NO
(7) RELATIONSHIP TO COMPLAINANT: PEER
D. INCIDENT DESCRIPTION
(1) DATE OF INCIDENT: DDMMMYY AND DDMMMYY
(2) INCIDENT LOCATION: ON BASE
E. INVESTIGATION DETAILS
(1) DATE INVESTIGATION COMMENCED: DDMMMYY
(2) DATE INVESTIGATION COMPLETED: NOT YET COMPLETED
(3) OUTCOME: N/A
(4) TIMELINES MET: N/A
(5) CORRECTIVE ACTION TAKEN/PUNISHMENT AWARDED: N/A
2. MISCELLANEOUS REMARKS: SUSPECT ALLEGEDLY MADE SEXUALLY EXPLICIT REMARKS TO BOTH VICTIMS ON TWO SEPARATE OCCASSIONS. SUSPECT CURRENTLY TAD. SCHEDULED TO RETURN ON DDMMMYY.//

23. Close-out EO UNIT SITREP
R XXXXXXZ MMM YY
FM XXXXXXXXXXXX//00//
TO RHMFISS/CNET PENSACOLA FL//00J//
RUCTPOA/CNET PENSACOLA FL//00J//
INFO RHMFIUU/CNO WASHINGTON DC//N00E//
RUENAAA/CNO WASHINGTON DC//N00E//
RUCCBWF/COMNAVPERSCOM MILLINGTON TN//PERS-61//
RUCTPOA/CNET PENSACOLA FL//JJJ// BT
UNCLAS //N05354//
MSGID/GENADMIN//
SUBJ/FORMAL EQUAL OPPORTUNITY-SEXUAL HARRASSMENT COMPLAINT//
REF/A/DOC/PERS61/22JAN01//
AMPN/ REF A IS OPNAVINST E, NAVY EO POLICY//
POC/NAME/RANK/-/-/TEL: COMM: (XXX)XXX-XXXX/DSN: XXX-XXXX//
RMKS/1. INCIDENT DATA
A. COMMAND DATA:
(1) LOCAL INCIDENT NUMBER: UIC
(2) DTG OF PREVIOUS MSG:
(A) INITIAL MSG: XXXXXXZ MMM YY
(B) CONTINUATION MESSAGE 1: XXXXXXZ MM YY
(3)   COMMAND SUBMITTING REPORT: NAME OF COMMAND
(4) PERMANENT COMMAND TO WHICH COMPLAINANT IS
ASSIGNED: SAME AS ABOVE
(5) ECHELON II COMMAND: CNET
(6) POC/PHONE: SAME AS MESSAGE HEADER
(7) TYPE OF REPORT: CLOSE-OUT
(8) DATE COMPLAINT SUBMITTED TO CHAIN OF COMMAND BY
COMPLAINANT: DDMMMYY
(9) TYPE OF INCIDENT: SEXUAL HARASSMENT, HOSTILE
WORKING ENVIORNMENT
(10) METHOD USED TO SUBMIT COMPLAINT: NAVPERS 5354/2

24. B. (1) COMPLAINANT DATA:
(A) GENDER: F
(B) PAYGRADE: E-1
(C) AFFILIATION: USN
(D) DUTY STATUS: ACTIVE
(E) RACE: CAUCASIAN
(F) ALCOHOL USE SUSPECTED: NO
(2) COMPLAINANT DATA:
(B) PAYGRADE: E-3
C. ALLEGED OFFENDER DATA:
(1) GENDER: M
(2) PAYGRADE: E-1
(3) AFFILIATION: USN
(4) DUTY STATUS: ACTIVE
(5) RACE: CAUCASIAN
(6) ALCOHOL USE SUSPECTED: NO
(7) RELATIONSHIP TO COMPLAINANT: PEER
D. INCIDENT DESCRIPTION
(1) DATE OF INCIDENT: DDMMMYY AND DDMMMYY
(2) INCIDENT LOCATION: ON BASE
E. INVESTIGATION DETAILS
(1) DATE INVESTIGATION COMMENCED: DDMMMYY
(2) DATE INVESTIGATION COMPLETED: DDMMMYY
(3) OUTCOME: SUBSTANTIATED
(4) CORRECTIVE ACTION: NJP AWARDED
2. MISCELLANEOUS REMARKS: OFFENDER RETURNED FROM TAD ON DDMMMYY
AND WAS TAKEN TO CO'S NJP ON DDMMMYY. OFFENDER IS BEING PROCESSED FOR ADSEP. ESTIMATED DATE OF SEPARATION IS DDMMMYY.//

25. Command Managed Equal Opportunity Manager
Single point of contact for EO issues.
Ensure Unit SITREPs are submitted within established timelines.
Coordinator for the command climate assessment.
Coordinates all EO training.
Ensure EO posters displayed.
Ensure SITREPs are submitted within established timelines.
Function as the single point of contact, when practicable for EO issues, to include SH and discrimination, at the command. Report EO matters to the Co via the XO when applicable.
Serve as the coordinator for the command climate assessment.
Coordinate and monitor all EO training.
-Support Command Assessment Team (CAT) and Command Training Team (CTT) and provide training.
Ensure the poster, “Navy Procedures for Processing Sexual Harassment /Discrimination Complaints for Military Personnel (S/N 0500-LP ), is permanently and prominently displayed in the command. Ensure the command POC for EO issues is listed at the same location as the poster.

26. Command Managed Equal Opportunity Manager
Coordinates with the local EOA.
Maintains CMEO record files of meetings, assessments, inspections, and EO complaints.
Performs other EO related duties as mandated by the commander
Communicate with the local EOA, periodically or as required, on all CMEO function matters
Maintain CMEO record file of EO complaints, minutes of CMEO meetings, climate assessments and POA&M, all inspection reports, memorandums for the record, documentation of informal complaints and resolutions and a turnover file, which includes all of the above documentation for a minimum of 36 months.
Perform other EO related duties as mandated by the commander
-Prepare a positive and concise statement which clearly reflects the commands EO policy.
-Ensure personnel understand the informal and formal EO complaint process before initiating a complaint.

27. Equal Opportunity Advisor
Serves as advisor and subject matter experts.
Ensures required reports are submitted to NAVPERSCOM (PERS-61).
Conducts CNET-authorized EO training.
Provides EO training to the CAT, CTT, and CMEO Managers
CMEO Manager’s are not left alone to perform their responsibilities. The EOA is an invaluable resource to assist them in the conduct of their job. They are a primary resource for CMEO Manager and command leadership.
Serve as advisors and subject matter experts to commanders on EO issues
Ensure required reports are submitted through the chain of command to NAVPERSCOM (PERS-61)
Conduct CNET authorized EO training.
-Qualified to provide EO training to the CAT, CTT, and CMEO Managers and conduct assessment and assist visits as part of a command inspection or upon request.

28. Climate Assessment
Determine the “health” and functioning effectiveness of an organization.
Surveys or questionnaires
Review of records and reports
Focus groups
Interviews
Observations
A climate (or command) assessment is a tool used to determine the “health” and functioning effectiveness of an organization, by examining such factors as morale, teamwork, and communication. The assessment is accomplished through some or all of the following:
-Surveys or questionnaires (CATWIN survey allows the commander to compare the command’s climate data to Navy-wide data collected every 2 years)
-Review of records and reports (Command demographic, advancement, retention, award and discipline data)
-Focus groups (gather opinions from the group population concerning specific issues raised by the survey or record review)
-Interviews (gain information to verify or substantiate findings from record review or survey results)
-Observations (tool to gather information about specific groups of personnel, i.e., living conditions, work space environment)

29. Summary Definition of SH & OPNAVINST 5354.1E
Commander’s responsibilities
Guidelines for handling informal & formal complaints
Unit SITREP reporting
CMEO Manager
Equal Opportunity Advisor
Climate Assessment