Definition-of-sexual-hara

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 person’s job, pay, or career placed at risk  An employee’s employment or career placed in jeopardy  It creates an intimidating, hostile, or offensive work environment Viewgraph #22-1

QUID PRO QUO

 Latin term meaning, “this for that”  Conditions placed upon a person’s 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

    

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

TECHNIQUES TO DEAL WITH SEXUAL HARASSMENT      

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

REPERCUSSIONS OF SEXUAL HARASSMENT          

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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

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

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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

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POSH VIDEO TRAINING OBJECTIVES (Con’t) You Will Learn: How To Prevent Sexual Harassment Informal Resolution Techniques Sanctions And Laws

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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 person’s 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 individual’s work performance or creates an intimidating, hostile, or offensive working environment. VIDEO SLIDE #4

DEFINITION (Con’t) 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

EXAMPLES OF SEXUAL HARASSMENT Verbal: oProfanity, off-color jokes oSexual comments, threats oWhistling, barking, grunts, growling, etc. oPassing rumors of sexual acts or involvement

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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 someone’s clothing without permission

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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 (Con’t) 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

TYPES OF SEXUAL HARASSMENT (Con’t) Hostile Environment Unwelcome and demeaning sexually related behavior that creates an intimidating, hostile and offensive work environment.

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TYPES OF SEXUAL HARASSMENT (Con’t) Hostile Environment Key Points: Subtle One incident or several Intent of harasser is irrelevant Perception or impact on harassed person

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TYPES OF SEXUAL HARASSMENT (Con’t) 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?

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TYPES OF SEXUAL HARASSMENT (Con’t) 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?

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

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SELF-COPING MECHANISMS Denial Blaming Oneself Joking Avoidance Confrontation

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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

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INFORMAL RESOLUTION TECHNIQUES (Con’t) 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

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INFORMAL RESOLUTION TECHNIQUES (Con’t) 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

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INFORMAL RESOLUTION TECHNIQUES (Con’t) 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

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INFORMAL RESOLUTION TECHNIQUES (Con’t) 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.

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LEGAL SANCTIONS OFFENSE Making Sexual Comments Or Gestures

UCMJ ARTICLE Art 89: Disrespect Toward Superior Officer, Art 91: Insubordinate Conduct Towards A WO Or NCO, Art 117: Provoking Speech And Gestures, Art 134: Indecent Language,

Offering Rewards For Sexual Behaviors

Art 134: Bribery And Graft

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LEGAL SANCTIONS (Con’t) OFFENSE UCMJ ARTICLE Threatening The Career, Job Art 127: Extortion, Or Salary Of A Person Unless He or She “Cooperates” Engaging In Or Condoning Sexual Harassment Behaviors An Officer

Art 92: Failure To Obey An Order Or Regulation Art 133: Conduct Unbecoming

Influencing Or Threatening Art 93: Cruelty And The Career, Pay Or Job Of Maltreatment Another Person In Exchange For Sexual Favors VIDEO SLIDE #23

ADMINISTRATIVE SANCTIONS Counseling Bar To Reenlistment Relief For Cause Negative Performance Evaluation

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ADMINISTRATIVE SANCTIONS (Con’t) 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: (703) 604-8569

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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.

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REPRISAL (Con’t) 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

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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: EOA’s role as advisor to commander Definition of sex discrimination Six informal resolution techniques Who to file an equal opportunity complaint with

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TRAINING SESSION # 2 The following was covered: Definition Of Reprisal Military Whistleblower Protection Directive

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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

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