Reporting Harassment and Sexual Harassment

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.

Informal Complaint

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:

1. submission to such conduct is made either explicitly or implicitly a term or condition of a person's job, pay, or career.
2. submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person.
3. 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

Verbal

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.

Nonverbal

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.

Physical Contact

Examples of physical sexual harassment may include touching, patting, pinching, bumping, grabbing, kissing; or providing unsolicited back or neck rubs.

1. There is significant overlap between that physical contact which constitutes sexual assault and that physical contact which constitutes sexual harassment.
2. 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.
3. 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:

1. That the accused knowingly made sexual advances, demands or requests for sexual favors, or knowingly engaged in other conduct of a sexual nature;
2. That such conduct was unwelcome;
3. 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.

TAG Policy Memo 76-23
Sexual Harassment Complaint Process

Indiana National Guard Policy 75-20
Sexual Harassment Policy Letter