Sexual Harassment

Defined

AR 600-52 defines sexual harassment as:

c. Sexual harassment conduct punishable under this paragraph is—
(1) Conduct that—
(a) Involves unwelcome sexual advances, requests for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature when—
(b) Submission to such conduct is, either explicitly or implicitly, made a term or condition of a person’s job, pay, or career;
(c) Submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person; or
(d) 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.
(2) Is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive.
(3) Any use or condonation, by any person in a supervisory or command position, of any form of sexual behavior to control, influence, or affect the career, pay, or job of a member of the Armed Forces or a civilian employee of the DoD.
(4) Any deliberate or repeated unwelcome verbal comments or gesture of a sexual nature by any member of the Armed Forces or civilian employee of the DoD.
(5) There is no requirement for concrete psychological harm to the victim for behavior to constitute sexual harassment. Behavior is sufficient to constitute sexual harassment if it is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive.
(6) Sexual harassment can occur through electronic communications including social media, other forms of communication, and in person.

Action: You can report sexual harassment to any of the following:

• SHARP Team: SARC (Sexual Assault Response Coordinator) or Victim Advocate (VA): For confidential support, guidance on reporting options, and assistance with filing complaints
• Chain of Command: Any supervisor, commander, first sergeant, or senior enlisted advisor (all are mandatory reporters)
• Anonymous Reporting Channels: Organizational hotlines, email, official phone lines, or through the SARC/VA for anonymous complaints
• Inspector General (IG): You may file a complaint with the IG for investigation
• Law Enforcement or Military Police: For incidents that may involve criminal conduct
• Equal Employment Opportunity (EEO) Office: For DA Civilians, complaints are filed through the EEO process per AR 690-600 and AR 690-12 

You may choose the reporting channel that best fits your needs and desired level of confidentiality.

A soldier or family member may report incidents of sexual harassment directly to the SHARP program via 2 types of complaints.

a. Anonymous complaint.
b. Formal complaint.

Anonymous complaints
a. An anonymous complaint is a report of sexual harassment from an unknown or unidentified source received by a commanding officer or supervisor, regardless of the means of transmission. The individual reporting the information is not required to disclose any PII. Commanders will publicize and enable anonymous reporting through organizational hotlines, email, and official telephone lines and through the SARC and VA.

b. Anonymous complaints are a method for Soldiers and Family members (18 years of age and older) to have their concerns investigated and addressed without revealing the victim’s identity.

c. Anonymous reports of sexual harassment occurring in confinement facilities involving military inmates will adhere to requirements of the Prison Rape Elimination Act of 2003.

d. All anonymous complaints, even those that cannot be investigated, will be referred to the subject’s brigade commander for evaluation. In cases where the subject’s supervisor is a DA Civilian, it will be reported to the first GS – 15 (0 – 6 equivalent) within their supervisory chain, and SARC will enter the anonymous complaint into ICRS.

(1) SARCs and VAs can provide information to assist victims in preparing an anonymous complaint so that it can be investigated. Once the complaint is completed, it must be submitted in accordance with paragraph 2–7a.

(2) SARCs and VAs will inform those making anonymous complaints that there is a possibility of the victim’s identity being discovered during the investigation.

(3) The SARC will provide anonymous complaints to the subject’s commander and enter them into ICRS.

Formal complaints
a. Formal complaints require specific actions prescribed in this chapter, are subject to timelines, and require documentation of the actions taken. Unless otherwise stated, this assumes that the victim and subject of the complaint are assigned with the same brigade and, therefore, are under the command of the same brigade commander.

b. Victims are encouraged to file formal complaints in a timely manner from the date of the aggrieving behavior to ensure there is enough information for an investigating officer to investigate.

c. Upon the victim’s election to file a formal complaint, the SARC or VA will assist the victim with completing the DA Form 7746. The victim will complete DA Form 7746 by—
(1) Specifying the concern.
(2) Providing the names of the parties involved and any witnesses.
(3) Describing the aggrieving acts and behaviors.
(4) Indicating the dates of the occurrences.
(5) Entering the requested resolution, which the brigade commander may consider upon completion of the investigation and when considering resolution actions in the “Requested Remedy” portion of DA Form 7746. The information in this block can vary in terms of the victim’s expectations of the investigative process. If the victim’s requested remedy is not likely to be met through the investigation process, the commander or the designated officer will explain the potential and possible outcomes of the required investigation during receipt of the complaint.
(6) Once the victim and the SARC or VA complete the DA Form 7746, the SARC will arrange a date and time for the SARC to accompany the victim to deliver the complaint to the subject’s brigade commander (or designated officer)
(7) Upon receipt of the report, the subject’s brigade commander or the commander’s designated officer will administer the oath to the victim and swear the victim to the truthfulness of the complaint.

*The Equal Employment Opportunity (EEO) Office is the responsible agency to support and process formal or informal sexual harassment complaints for Department of the Army Civilian personnel. Sexual harassment complaints must be filed with the EEO Office within 45 days of the incident.