Sexual Harassment

Overview | What to Look For | What to Do | What to Avoid
What to Expect | Troubleshooting

Alleged Offender of Sexual Harassment

Overview

Sexual harassment is a form of sexual discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Anger at the command for not condoning the behavior, and conducting an investigation may be an issue.

What to Look For

• Derogatory jokes and gestures of a sexual nature.

• Derogatory comments between Marines or civilian workers of a sexual nature.

• Pictures or calendars of a sexual nature being posted near racks, in cubicles, on walls, or on computers as screensavers.

• Rumors being circulated about an individual's sexual attributes or behaviors.

• Sexual coercion bribes or rewards for sexual favors.

• Threats for not being sexually cooperative.

• Giving unwanted sexual attention or attempt to establish a romantic relationship.

What to Do

• Being visible and talking about sexual harassment at Command Briefs and Professional Military Education briefs are ways to have an impact on the command climate.
• A climate assessment is the most universal way to look for issues that may affect the command climate .
• Consult with an Equal Opportunity Advisor or Equal Opportunity Representative.
• Be available to the alleged offender.
• Ensure the alleged offender that you are there to follow appropriate procedures to resolve the issue and to protect the rights of both parties.
• See MCO P53545.1D for specific actions to be taken within specific timelines.

What to Avoid

• When faced with a sexual harassment complaint, do not rush to judgment of the alleged offender.

What to Expect after Taking Action

• Once the initial complaint is forwarded to the local commander and the investigation begins, the expectation of a smooth process is anticipated. 

• The complaint is forwarded up the chain of command and an investigator is assigned. 

• The investigation is initiated and then the initial complaint is forwarded to the first commander in the chain of command that has General Court-Martial (GCM) convening authority.

• The commander shall inform the complainant when the investigation has commenced and make every effort to ensure the investigation is completed within 14 days. 

• Upon completion of the investigation, the investigating officer shall ensure a legal sufficiency review and an Equal Opportunity (EO) review is conducted. The Staff Judge Advocate (SJA) will conduct the legal review. 

• The investigating officer will then submit the investigation to the commander, and the commander will provide the investigation to the EOA. This enables the EOA to advise the commander on the EO sufficiency of the investigation as well. 

• The commander has 6 days upon completion of the investigation and review to forward a written report to the first person in the chain of command that has GCM convening authority. The report will include a statement from the complainant that indicates their satisfaction with the resolution. 

• Headquarters Marine Corps is notified, and the administrative details are documented.

Troubleshooting

• The process is not foolproof and only works as well as those administering it. Documenting the assignment of the investigating officer, and ensuring the complaint timelines are met are the most important in terms of documenting a complaint. In the case of reprisal for filing the complaint or worsening behavior, the recipient has the option of discussing these dynamics with their chain of command if they occur. 

• An intentionally false complaint of sexual harassment may be, among other things, chargeable as a “false official statement” in violation of Article 107, UCMJ, or a “false swearing” under Article 134, UCMJ. A Marine who makes an intentionally false complaint may be subject to adverse administrative or disciplinary action.

• A complaint not substantiated does not automatically constitute an intentionally false complaint.