Reporting Harassment and Sexual Harassment
Achieving an environment that is free of harassment, sexual harassment and discrimination requires the participation of everyone in the Indiana National Guard. Be the change you want to see in your unit so that together we can make our Guard even better. Always let someone know when you see or experience harassment or discrimination. Remember: If you see something, say something.
National Guard members may resolve an issue of harassment, sexual harassment and discrimination using a formal or informal complaint process. If you report an act of harassment or discrimination, Army regulation states commanders WILL take immediate action to investigate the allegations.
The Indiana National Guard Equal Employment Manager serves as the principal advisor to the adjutant general and manager of the Equal Employment Opportunity (EEO) program. The program includes special emphasis programs, the affirmative employment plan, alternate dispute resolution and the complaints processing system for the Army and Air National Guard. Military equal opportunity (MEO) officers and state human resources/equal opportunity (EO) personnel assist to develop equal opportunity programs for the Army and Air National Guard. Contact the Equal Employment Manager at 317-247-3237.
How to Report Harassment and Sexual Harassment
Harassment complaints, to include witnessing or experiencing sexual harassment, are reported through the EO/EEO program. Please contact your unit EO representative to file a complaint. If you would prefer to file a complaint outside your unit, you may contact the State Equal Employment Manager at 317-247-3237 or submit your contact information here. For more information, the National EO information line is available at 1-703-607-7756.
If you have experienced sexual harassment, you may be entitled to a Special Victims Counsel, assistance with establishing a protective order, chaplain services, and counseling. If you need assistance obtaining these services, you can contact the Indiana National Guard Sexual Assault Prevention and Response Program (SAPR) 24/7-monitored number at 317-247-3172.
If you are reporting sexual harassment with a sexual assault component, please contact the Indiana National Guard Sexual Assault Prevention and Response Program (SAPR) 24/7-monitored number at 317-247-3172, in order to maintain confidentiality while determining what resource is best for you.
Please submit this form to receive guidance or support regarding EO, harassment, or sexual harassment complaints. This form will be sent to the State Equal Employment Manager (SEEM), the Equal Opportunity Advisors (EOA), and the Military Equal Opportunity (MEO) representative, it will not be sent directly to your unit. You will be contacted within three business days regarding your complaint.
Formal Complaint - NGB Form 333 Discrimination Complaint in the Army and Air National Guard
Who may file: All National Guard members serving in Title 32 status, to include National Guard technicians in a military pay status who believe they have been discriminated against based on race, color, national origin, religion, sex-gender, or sexual orientation, or who believe they have been the victim of sexual harassment, or of reprisal for prior engagement in the discrimination complaint process or related activity, may file a request to resolve discrimination allegations.
- Formal complaints must be taken by your unit’s Equal Opportunity Advisor (EOA). EOAs are a brigade level assignment. Your unit Equal Opportunity Leader (EOL) or the State Equal Employment Manager (SEEM) can ensure you reach the EOA if you need assistance.
- You are encouraged to discuss the complaints with and to seek assistance from your immediate supervisor, unit commander, members of the chain of command or Equal Opportunity (EO) office staff.
- The complaint must be filed within 180 days of the date of the alleged discrimination or the date that you became aware of the discriminatory event or action.
- The complaint should be filed with the unit commander (if the commander is not the alleged discriminating official) or with your unit EO representative.
- You may file with any other commander in the chain of command, the Adjutant General, the National Guard Bureau or Inspector General Office.
- Regardless of where the complaint is filed, it will be referred to the lowest applicable command level for action.
An informal complaint is any complaint that a National Guard member or witness does not wish to file in writing. Using the informal process does not prevent the National Guard member from using the formal complaint process later. It is against Army Policy to knowingly make a false accusation of discrimination.
Some informal complaint options you can take, are but not limited to:
- Politely confront the person and tell them that what they said or did is not welcomed and that you would like them to stop.
- Request assistance from another person. Ask someone else to talk to the person, to accompany the complainant, or to intervene on behalf of the complainant to resolve the conflict. This person can be a battle buddy, first-line supervisor or your unit’s Equal Opportunity Leader (EOL).
- Report the incident to your chain of command and ask for assistance in resolving the situation. Reporting, either formally or informally, is protected communication and will be free from reprisal.
Sexual Harassment Definitions
Sexual Harassment [as Discrimination]
The term "sexual harassment" is defined to mean conduct that involves unwelcome sexual advances, requests for sexual favors, and deliberate or repeated offensive comments or gestures 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.
- submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person.
- 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.
Categories of Sexual Harassment
Examples of verbal sexual harassment may include telling sexual jokes; using sexually explicit profanity, threats, sexually oriented cadences, or sexual comments; whistling in a sexually suggestive manner; and describing certain attributes of one's physical appearance in a sexual manner.
Verbal sexual harassment may also include using terms of endearment such as "honey," "babe," "sweetheart," "dear," "stud," or "hunk" in referring to Soldiers, civilian coworkers, or family members.
Examples of nonverbal sexual harassment may include cornering or blocking a passageway; inappropriately or excessively staring at someone; blowing kisses; winking; or licking one's lips in a suggestive manner.
Nonverbal sexual harassment also includes offensive printed material (for example, displaying sexually oriented pictures or cartoons); using electronic communications such as text messages, emails, chats, instant messaging, screensavers, blogs, social media sites, electronic device applications, or video conferencing; or sending sexually-oriented notes or letters.
Examples of physical sexual harassment may include touching, patting, pinching, bumping, grabbing, kissing; or providing unsolicited back or neck rubs.
- There is significant overlap between that physical contact which constitutes sexual assault and that physical contact which constitutes sexual harassment.
- Sexual Assault, as defined by Article 120, Uniform Code of Military Justice (UCMJ), is intentional sexual contact characterized by the use of force, threats, intimidation, or abuse of authority or when the victim does not or cannot consent.
- Sexual Contact is defined as touching, or causing another person to touch, either directly or through the clothing the vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of any person, with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person. Touching may be accomplished by any part of the body or an object.
Sexual Harassment [as Misconduct- Article 134)
The offense of Sexual Harassment under Article 134, UCMJ is defined by the following elements:
- That the accused knowingly made sexual advances, demands or requests for sexual favors, or knowingly engaged in other conduct of a sexual nature;
- That such conduct was unwelcome;
- That, under the circumstances, such conduct:
- Would cause a reasonable person to believe, and a certain person did believe, that submission to such conduct would be made, either explicitly or implicitly, a term or condition of a person's job, pay, career, benefits, or entitlements;
- Would cause a reasonable person to believe, and a certain person did believe, that submission to, or rejection of, such conduct would be used as a basis for decisions affecting that person's job, pay, career, benefits, or entitlements; or
- Was so severe, repetitive, or pervasive that a reasonable person would perceive, and a certain person did perceive, an intimidating, hostile, or offensive working environment; and
- That, under the circumstances, the conduct of the accused was either:
-to the prejudice of good order and discipline in the armed forces;
-of a nature to bring discredit upon the armed forces; or
-to the prejudice of good order and discipline in the armed forces and of a nature to bring discredit upon the armed forces.
Sexual Harassment [as Misconduct - Article 92]
An act of Sexual Harassment is also an offense under Article 92, UCMJ for failure to obey a lawful order or regulation prohibiting subjecting anyone to harassment, including sexual harassment, and unlawful discrimination on the basis of race, color, national origin, religion, sex (including gender identity), or sexual orientation.
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