DEFINITION OF

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DEFINITION OF SEXUAL HARASSMENT

• A form of gender discrimination that involves
  unwelcomed sexual advances, requests for sexual
  favors, and other verbal or physical conduct of a
  sexual nature when
• A persons job, pay, or career placed at risk
• An employees employment or career placed in
  jeopardy
• It creates an intimidating, hostile, or
  offensive work environment

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QUID PRO QUO

• Latin term meaning, this for that
• Conditions placed upon a persons career
  or terms of employment in return for sexual
  favors
• Promises of career advancement, promotions,
  and other benefits, should the victim give-in to
  the sexual advances

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HOSTILE ENVIRONMENT

• Offensive
• Unwanted
• Unsolicited comments and/or behaviors of a
  sexual nature

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RELATED ELEMENTS OF SEXUAL HARASSMENT

• IMPACT vs INTENT
• Reasonable person standard

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SEXUAL HARASSMENT BEHAVIORS

• Verbal comments
• Nonverbal gestures
• Physical contact

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SEXUAL HARASSMENT CHECKLIST

• Is the behavior sexual in nature?
• Is the behavior unwelcome
• Does the behavior create a hostile or
  offensive environment?
• Have sexual favors been demanded, requested,
  or suggested?

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VICTIM IMPACT

• Interferes with work performance
• Creates a hostile environment
• Stress
• Fear and anxiety (quid pro quo)
• Less productive

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TECHNIQUES TO DEAL WITH SEXUAL HARASSMENT

• Direct approach
• Indirect approach
• Third party
• A letter or memorandum
• Chain of command
• File a formal complaint

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REPERCUSSIONS OF SEXUAL HARASSMENT

• Administrative actions
• Mandatory counseling
• Additional training
• Denial of certain privileges
• Rehabilitative transfer
• Letter of admonishment/reprimand
• Relief for cause (OER/NCOER)
• Adverse performance evaluation
• Bar to reenlistment
• Separation

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STRATEGIES FOR COMBATING SEXUAL HARASSMENT

• Be proactive!
• Keep soldiers / civilians informed and
  educated
• Conduct training
• Outline procedures and policies
• Be familiar with regulations and policies

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ARMY TRAINING
PREVENTION OF SEXUAL HARASSMENT VIDEO LEVEL 1
VIDEO SLIDE 1
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POSH VIDEO TRAINING OBJECTIVES

• You Will Learn
• Army Policy On Sexual Harassment
• Impact On Personal and Unit Performance
• How To Recognize Sexual Harassment

VIDEO SLIDE 2
13
POSH VIDEO TRAINING OBJECTIVES (Cont)

• You Will Learn
• How To Prevent Sexual Harassment
• Informal Resolution Techniques
• Sanctions And Laws

VIDEO SLIDE 3
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DEFINITION

• 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 persons job,
  pay or
• career, or,
• Submission to or rejection of such conduct 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 individuals work performance
  or creates an intimidating, hostile, or offensive
  working environment.

VIDEO SLIDE 4
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DEFINITION (Cont)

• The definition of sexual harassment emphasizes
  that work-place 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 is hostile or abusive.
• 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
  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.

VIDEO SLIDE 5
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EXAMPLES OF SEXUAL HARASSMENT

• Verbal
• Profanity, off-color jokes
• Sexual comments, threats
• Whistling, barking, grunts, growling, etc.
• Passing rumors of sexual acts or involvement

VIDEO SLIDE 6
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EXAMPLES OF SEXUAL HARASSMENT

• Physical
• Leering, winking
• Licking lips, displaying/giving sexually
  suggestive pictures or cartoons
• Stroking, grabbing, patting, hugging, pinching,
  provocatively posing
• Cornering or blocking a passageway
• Adjusting someones clothing without permission

VIDEO SLIDE 7
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TYPES OF SEXUAL HARASSMENT
Quid Pro Quo This for That

• Submitting to, or rejecting sexual advances or
  requests can not be a condition upon which a
  person's job, career or upcoming promotion
  depends.

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TYPES OF SEXUAL HARASSMENT (Cont)
Unwelcome

• Conduct that the soldier, family member or
  employee did not elicit or incite, and that he or
  she regards as undesirable or offensive
• Equal initiation and participation between the
  alleged victim and the person he or she is
  interacting with
• Some victims may feel they have no choice but to
  submit
• Not necessary to state behavior is unwelcome

VIDEO SLIDE 9
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TYPES OF SEXUAL HARASSMENT (Cont)
Hostile Environment

• Unwelcome and demeaning sexually related behavior
  that creates an intimidating, hostile and
  offensive work environment.

VIDEO SLIDE 10
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TYPES OF SEXUAL HARASSMENT (Cont)
Hostile Environment

• Key Points
• Subtle
• One incident or several
• Intent of harasser is irrelevant
• Perception or impact on harassed person

VIDEO SLIDE 11
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TYPES OF SEXUAL HARASSMENT (Cont)
DATING

• When do requests for dates constitute sexual
  harassment?
• When it is unwelcome
• What constitutes unwelcome?
• Repeatedly hearing no as an answer
• What constitutes no?

VIDEO SLIDE 12
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TYPES OF SEXUAL HARASSMENT (Cont)
OBSESSIVE FOLLOWING BEHAVIOR

• STALKING includes actions of a person
  repeatedly following or harassing another person
  in
• a manner to induce in a reasonable person a fear
  of sexual battery, bodily injury or death of that
  person
• or a member of that person's immediate family
• Stalking is a violation of the UCMJ
• Obsessive behavior such harassment can include
  unwanted telephone calls, uninvited visits to
• personal quarters, etc.

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4 QUICK QUESTIONS

• Was the behavior or innuendo sexual in nature?
• Was the behavior unwelcome?
• Does the behavior create a hostile or offensive
  work environment?
• Have sexual favors been demanded, requested, or
  suggested--especially as a condition of
  employment or career and job success?

VIDEO SLIDE 14
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ADVICE

• Victim of sexual harassment?
• Contact your post's Equal Opportunity Advisor or,
• Call the Equal Opportunity Sexual Harassment
  Hotline

VIDEO SLIDE 15
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SELF-COPING MECHANISMS

• Denial
• Blaming Oneself
• Joking
• Avoidance
• Confrontation

VIDEO SLIDE 16
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INFORMAL RESOLUTION TECHNIQUES

• Confront the harasser
• Use an intermediary to confront the harasser
• Write a letter to the harasser
• Maintain a log or diary of incidents
• Request sexual harassment training for the unit,
  or
• Report the incident

VIDEO SLIDE 17
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INFORMAL RESOLUTION TECHNIQUES (Cont)

• Confront the harasser
• Maintain professional demeanor,
• Correct behavior, do not personally attack person
• Tell the harasser what actions you do not like,
• Explain that the action offends you,
• Tell the harasser to stop,
• State that if the actions persist, you will
  report
• the individual

VIDEO SLIDE 18
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INFORMAL RESOLUTION TECHNIQUES (Cont)

• Write A Letter To The Harasser
• write down the facts
• explain how the inappropriate behavior makes
• you feel
• state what you think should happen next
• keep a copy of the letter and mailed registration
• receipt
• if needed - make a formal complaint with letter
• as proof

VIDEO SLIDE 19
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INFORMAL RESOLUTION TECHNIQUES (Cont)

• Maintain a log or diary of incidents
• Make notes such as times, dates, places,
  witnesses, and any actions taken to make the
  harasser stop
• Keep your log out of the office
• Do not show you log to anyone
• Decide whether to file a complaint, using the log
  as evidence or destroy the log

VIDEO SLIDE 20
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INFORMAL RESOLUTION TECHNIQUES (Cont)

• Request sexual harassment training
• Training to focus on sexually harassing behaviors
  being exhibited,
• This is a subtle resolution technique,
• Makes harassers aware of their inappropriate
  behavior.

VIDEO SLIDE 21
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LEGAL SANCTIONS
OFFENSE UCMJ ARTICLE Making Sexual Comments Art
89 Disrespect Toward Or Gestures Superior
Officer, Art 91 Insubordinate Conduct Towards A
WO Or NCO, Art 117 Provoking Speech And
Gestures, Art 134 Indecent Language, Offering
Rewards For Art 134 Bribery And Graft Sexual
Behaviors
VIDEO SLIDE 22
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LEGAL SANCTIONS (Cont)
OFFENSE UCMJ ARTICLE Threatening The Career,
Job Art 127 Extortion, Or Salary Of A Person
Unless He or She Cooperates Engaging In Or
Condoning Art 92 Failure To Obey An Sexual
Harassment Order Or Regulation Behaviors Art 133
Conduct Unbecoming An Officer Influencing Or
Threatening Art 93 Cruelty And The Career, Pay
Or Job Of Maltreatment Another Person In
Exchange For Sexual Favors
VIDEO SLIDE 23
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ADMINISTRATIVE SANCTIONS

• Counseling
• Bar To Reenlistment
• Relief For Cause
• Negative Performance Evaluation

VIDEO SLIDE 25
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ADMINISTRATIVE SANCTIONS (Cont)

• Letters Of Admonishment And Reprimand
• Rehabilitative Transfer
• Negative Performance Administrative Reduction
• Discharge From Service
• Denial Of Certain Privileges

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WHISTLEBLOWER PROTECTION

• Soldiers cannot be reprised against for filing a
  complaint of sexual harassment or unlawful
  discrimination
• Soldiers must submit their complaints to DOD
  inspector general for investigation
• DOD hotline
• CONUS 1-800-424-9098
• OCONUS [phone]

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REPRISAL

• Soldiers shall be free from reprisal for making
  or preparing a protected communication (to
  include complaints of unlawful discrimination and
  sexual Harassment) to a member of congress, an
  IG, or a member of a DOD audit, inspection,
  investigation, or law enforcement organization or
  any other person or organization.

VIDEO SLIDE 28
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REPRISAL (Cont)

• Threats or acts of reprisal forbidden by army and
  The Department of Defense policy
• Punishable under the UCMJ
• Acts of reprisal can come from your co-workers of
  those in a supervisory position

VIDEO SLIDE 29
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REASONABLE PERSON STANDARD

• In judging whether the incident is sexual
  harassment, it must be viewed from the
  perspective of a typical, reasonable third party.
  
• Would a reasonable person find that behavior
  hostile, offensive, or intimidating and adversely
  affect his/her ability to do his/her work?
• The reasonable person standard is used by
  commanders and the courts to judge whether the
  conduct was sexual harassment

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TRAINING SESSION 1

• The following was covered
• Army policy on sexual harassment
• Definition of sexual harassment
• Physical and verbal types of sexual harassment
• Effect of sexual harassment on unit cohesion and
  readiness

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TRAINING SESSION 1

• The following was covered
• Effect of sexual harassment on individual
  performance
• Four questions
• Unwelcome
• Reasonable person standard

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TRAINING SESSION 1

• The following was covered
• Sex vs. Power
• Intent vs. Impact
• For advice, contact EOA or EO/SH hotline

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TRAINING SESSION 2

• The following was covered
• EOAs role as advisor to commander
• Definition of sex discrimination
• Six informal resolution techniques
• Who to file an equal opportunity complaint with

VIDEO SLIDE 34
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TRAINING SESSION 2

• The following was covered
• Definition Of Reprisal
• Military Whistleblower Protection Directive

VIDEO SLIDE 35
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TRAINING SESSION 3

• The Following Was Covered
• Sexual Harassment Punishable Under The UCMJ Or
  Administrative Punishment
• Administrative Actions That May Be Taken
• Totality Of Circumstances
• Immediately Report Acts Of Sexual Harassment
• Immediately Report Acts Of Obsessive Following
  Behavior

VIDEO SLIDE 36