Chapter_1-2.pdf

Chapter 1-2 1

Chapter 1-2 Standards of Conduct The Defense Information School Commandant Approved: June 19, 2013

Jeremy M. Martin, COL, USA Proponent: Commandant Supersedes Version Dated: June 25, 2012

Table of Contents

1-201. Policy

1-202. Principles

1-203. Applicability

1-204. Responsibilities

1-205. Definitions

1-206. Prohibited Conduct and Practices

1-207. Acceptable Practices

1-208. EO/EEO

1-209. Procedures for Redress

1-210. UCMJ Punishable Offenses

1-211. Standards of Appearance

1-212. News Media Interaction

1-213. Off-Duty Employment

1-214. References

1-215. Associated Forms

DINFOS Form 121, Application and Approval for Off-Duty

Employment

DINFOS Form 122, Sample

Memorandum: Request

Permission for Off-Duty

Association

1-201. Policy

1. Guidelines and rules of conduct are established to govern the relationships, transactions, official and unofficial activities between members of different ranks or duty assignments, and to provide an environment free from discrimination based on race, color, gender, national origin, or religion, and, in the case of civilians, age or handicap.

2. Students, faculty and staff (officer, enlisted, civil service and contract personnel) share the responsibility to ensure the highest standards of conduct, good order and discipline are maintained within this school.

3. Improper faculty/staff/student relationships, discrimination, sexual harassment, and inappropriate senior/subordinate relationships in any form will not be tolerated.

4. Violations of this policy will be noted in the member’s evaluation report and may result in additional adverse administrative, disciplinary, or legal action in accordance with applicable laws to include the U.S. Code and the Uniform Code of Military Justice (UCMJ).

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1-202. Principles

1. Establish a working and training environment that fosters personal and professional growth and development.

2. Advocate interaction of all persons to be professionally and socially responsible for treating all others with dignity and respect.

3. Create an environment conducive to professional association and productivity free of depreciative influences to enable and enhance high-quality mission accomplishment.

4. Acknowledge a responsibility that each member of faculty and staff accepts to protect the student from malicious or divisive conduct, and serve as appropriate role models in all aspects of the educational experience and environment.

5. Endorse and support all available opportunities and forums that enhance the quality of life, and nurture individual development in the expression of “good judgment” and “common sense” in social and professional situations.

6. Protect constitutional rights and liberties of all persons to the greatest extent possible.

1-203. Applicability

1. The provisions of this chapter apply to all military and civilian personnel, to include contractors, assigned or attached to DINFOS and the service detachments. This includes all military and civilian students attending or awaiting a course at DINFOS or those who have completed training and remain in a holdover status while awaiting further assignment.

2. Oversight of this policy, as it applies to improper relationships (e.g., fraternization), may be prudently extended for a period of 90 days after the graduation or transfer of a student in circumstances when individuals involved in an impropriety may be perceived to have initiated an improper relationship during the restricted timeframe.

3. Service regulations, requirements, and policies applicable within the purview of the service detachments are not abridged by this policy.

1-204. Responsibilities

1. The Commandant will:

1.1. Ensure the policies set forth in this chapter are adhered to at DINFOS;

1.2. Act promptly to prevent or correct situations that may rise to complaints of improper staff/faculty/student relationships or behavior;

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1.3. Ensure leaders and subordinates refrain from actions or comments that might be viewed as retribution for such complaints;

1.4. Take appropriate measures if an investigation indicates a violation of the policy; and

1.5. Encourage an environment of open communication in which questions and concerns are readily addressed.

2. The Deputy Commandant or Director of Staff will immediately appoint an investigating officer to conduct a prompt investigation into the circumstances whenever an allegation of improper staff/faculty/student relationship or improper senior/subordinate relationship is brought to the attention of the command, and other factors relevant to reports of misconduct.

3. The investigating officer will be:

3.1. An officer appointed by orders signed by the Commandant, Deputy Commandant or

Director of Staff;

3.2. Appointed from outside the department in which the subject of the complaint works to preclude perceptions of bias (when available as a best practice);

3.3. Immediately in contact with the post legal office at (301) 677-9174 for a briefing on the proper procedures for investigating the complaint; and

3.4. Provide a written report to include findings and recommendations to the Deputy

Commandant or Director of Staff within 10 full working days of appointment.

4. The alleged perpetrator will be immediately removed from position of responsibility that may afford influence over the victim and/or witnesses until the completion of the investigation and possible adjudication unless specific and temporary limitations are deemed appropriate by the Commandant.

4.1. If the alleged perpetrator is an instructor, the individual will be immediately removed from all contact with students until the conclusion of the investigation.

4.2. If the allegations are unsubstantiated, the member will be returned to the directorate.

4.3. If the allegations are substantiated, appropriate actions will be taken as determined by the Commandant.

1-205. Definitions

For the purpose of this chapter, the following definitions apply:

1. Reasonable person standard. An objective test used to determine if behavior meets the legal test for unlawful discrimination or sexual harassment. The test requires a hypothetical

Chapter 1-2 4 exposure of a reasonable person (third party) to the same set of facts and circumstances. If the behavior is offensive to the third party, then the test is met. What is acceptable to one person is not necessarily acceptable to another. The reasonable person standard considers the complainant’s perspective and does not rely upon stereotyped notions of acceptable behavior within that particular work environment.

2. Work/academic environment. The workplace, academic environment, or any other place that is work or school connected, as well as the conditions or atmosphere under which people are required to work. Examples of work environment include, but are not limited to, an office, an entire office building, a DoD base or installation, Government vehicles, or anywhere when engaged in official DoD business, as well as command-sponsored social, recreational, and sporting events, regardless of location.

3. Unwelcome behavior. Behavior that a person does not expect and that the person considers undesirable or offensive. Not everyone has the same perception of “undesirable” or “offensive.”

Since the person being subjected to the behavior is the one being affected, it is the recipient’s perception that counts. Using a “reasonable person standard” from the perspective of the recipient is considered a common-sense approach in determining which behaviors might be considered offensive and/or unwelcome.

4. Professional relationships. Contribute to the effective operation of the school. Personnel are encouraged to communicate freely with their superiors regarding their academics, careers, performance, duties, and missions. This type of communication enhances morale and discipline, and improves the operational environment while at the same time preserving proper respect for authority and focus on the mission. Participation by military and civilian members of all grades in organizational activities, unit-sponsored events, intramural sports, religious activities, community welfare projects, youth programs and the like can enhance morale and contribute to unit cohesion.

5. Fraternization. Occurs when relationships between personnel of different ranks are prejudicial to good order and discipline; when they compromise the chain of command; involve or result in the appearance of partiality, preferential treatment, the improper use of rank or position for personal gain; or otherwise undermine good order, discipline, authority, or unit morale. Fraternization is gender neutral and can occur between males, between females, and between males and females.

6. Improper senior/subordinate relationships. Occur when relationships between service members and/or civilians of different rank, grade, or position create an actual or clearly predictable adverse impact on discipline, authority, or morale; or involve or give the appearance of partiality, preferential treatment, or the improper use of rank or position for personal gain.

Improper relationships can involve faculty, staff, and students. Whether pursued on or off duty, relationships are unprofessional or improper when they detract from the authority of superiors; or result in or can create the appearance of favoritism, misuse of office or position, or the abandonment of organizational goals for personal interest. Improper relationships can exist between officers, between enlisted members, between officers and enlisted members, between military and civilian employees or contract personnel.

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7. Prior relationship. Occurs when two individuals knew and socialized with each other prior to becoming attached and/or assigned to DINFOS. This often occurs with individuals having been stationed together at a previous command and one is now a student at DINFOS while the other is a member of faculty or staff. This constitutes a prior relationship. This could also occur in the instance of a faculty/staff member being a relative of someone who is now a student at

DINFOS.

8. Permanent-party personnel. All officer, warrant officer, enlisted, Government civilian personnel, and contractors assigned or attached to Fort George G. Meade, Maryland, or working at DINFOS, or assigned to the DINFOS staff and faculty (permanent or temporary) who are directly or indirectly involved in the training or education of students, and could influence or use their positions to take advantage of students in training, awaiting training or awaiting transfer.

9. “Pipeline student.” Special student status as defined by the Services for the individual receiving, for example, Initial Technical Training (Air Force), Initial Entry Training (Army), or

“A” school (Navy).

10. Student. Any officer, warrant officer, enlisted, civilian personnel, DoD personnel, or international, attached to or on temporary duty (TDY/TAD) with DINFOS, assigned or attached to USA, USAF, USN, USMC, or USCG student detachments at Fort Meade for attendance in a

DINFOS course of instruction.

11. Subordinate. Any military or civilian member over whom there is a direct supervisory or command relationship (i.e., duty rating chain-of-command).

12. Senior. Any military or civilian member of a higher grade, rank, title, or position. Any permanent party, regardless of rank, grade, title, or position, is deemed to be a senior to students for the purposes of this policy.

1-206. Prohibited Conduct and Practices

1. It is impossible to set forth every act that may be prejudicial to good order and discipline.

All members are encouraged to act in “good judgment” with consideration of circumstances and outcomes. DINFOS faculty and staff will not engage in the following activities.

1.1. Unofficial or personal relationships that convey or could give the appearance of favoritism or partiality, or any activity that is or could be prejudicial to good order and discipline will not be tolerated and may lead to disciplinary action.

1.2. Offensive or unwelcome physical contact or offensive touching of any person including subordinates and students. This includes, but is not limited to caressing, manhandling, striking, kicking, fondling, and jabbing with fingers or objects. This prohibition shall not prevent reasonable physical contact or touching necessitated in cases of emergency, for the protection of life and limb, for self-defense, or as a necessary part of training or administrative activities.

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1.3. Use of insulting, obscene, or sexually offensive language or gestures. This includes, but is not limited to sexual innuendo, actions, mannerisms, or language that a reasonable person would consider obscene or offensive.

1.4. Displaying of offensive material that is detrimental to good order and discipline, or detracts from the professional environment that DINFOS strives to foster, and/or which may be deemed offensive by students or fellow staff and faculty members. Such material includes, but is not limited to nude or seminude photographs or artwork; sexually suggestive material; material displaying obscene or offensive language or symbolism; and material that demeans or is offensive to any religious, ethnic, racial, or gender group.

1.5. Use of rank or position to intimidate or influence any person, including a student or subordinate into a position of servitude for personal gain regardless of whether the individual is to be compensated for services rendered. This prohibition includes, but is not limited to using a student or subordinate as a babysitter, house sitter, laborer, chauffeur, bartender, waiter, model, or in any personal function.

1.6. Borrowing or loaning money, or bartering with anyone junior by rank, grade, title, or position to include students.

1.7. Dating, close friendships, shared activities, or engaging in any other personal unofficial association with a student or subordinate. This restriction is intended to prohibit inappropriate interaction, sexual contact, and other types of unofficial personal relationships between permanent party personnel, subordinates, and/or students where favoritism, partiality, or improper exploitation of rank, grade, position, or title could undermine discipline, authority, or morale.

1.8. Inappropriate personal communication, such as inappropriate telephone calls, letters, text messaging, and social media messaging with students or subordinates is prohibited.

Establishing any other informal communication with students or subordinates for other than official purposes is not authorized. Providing home phone numbers, personal cell phone numbers and personal email addresses to students should be prudently considered, and given only by the party to be reached and only for the conduct of official business, for example, a question concerning a homework assignment.

1.9. Unauthorized socializing with students in any restaurant, bar, tavern, or public/private business on or off post is not authorized. This prohibition should not be construed to prohibit socializing between members of immediate families.

1.10. Counseling of a student at any location other than DINFOS facilities or designated training sites will not be conducted.

1.11. Offer or accept a ride in privately owned vehicles with student(s) except in emergency or sudden and severe weather situations.

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1.12. Engage in unauthorized outside employment or business activities, especially in situations that may involve unofficial contact with students (refer to section 1-211).

1.13. Consumption of beverages with alcoholic content is prohibited during all formal and informal functions involving students. Other special social functions including senior/subordinate interaction may be accepted with specific guidelines on occasion by authority of the Commandant.

2. Students will not engage in the following activities.

2.1. Personal and unofficial relationship with permanent-party personnel is prohibited.

Students will not socialize, date, have sexual contact, personal conversations of an inappropriate nature, or engage in any other strictly personal and unofficial associations with permanent-party personnel.

2.2. Ride or accept a ride in the privately owned vehicle of permanent-party personnel except in emergency or sudden and severe weather situations.

2.3. Personally contact staff and faculty via their home phone numbers, personal cell phone numbers, or personal email addresses except when directed and for official business.

3. “Pipeline students” require special consideration as the newest, least experienced, and potentially most vulnerable members of the military family. Protection of this group demands the utmost attention and dedication to rigorous standards of principle and conduct of leadership by faculty and staff. At minimum, faculty and staff will not:

3.1. Date or carry on a social relationship with, or seek or engage in sexual activity with, make sexual advances to, or accept sexual overtures from this student.

3.2. Use grade, position, threats, pressure, or promise to attain or attempt to attain any personal benefit of any kind from a student, or share living quarters with, gamble with, lend money to, borrow money from, become indebted to, or solicit donations (other than for

DINFOS-approved campaigns) from this student.

3.3. The same limitations govern personal relationships between faculty and staff and this student’s immediate family members.

3.4. This student will be briefed and has an independent obligation not to engage in these activities with members of the faculty and staff at the course opening/orientation.

1-207. Acceptable Practices

1. Interpersonal communication between faculty/staff and student personnel is the essence of building and refining professional and personal skills. The sharing of individual and collective knowledge, experience, and values is at the core and periphery of educational curricula, and the

Chapter 1-2 8 unwritten objectives of mentoring and reinforcing appropriate social development for professional role modeling.

2. “Authorized” socializing as appropriate during school-sponsored social functions, such as formal receptions, religious meetings, or intramural team sporting events, and similar events with four or more members involved is acceptable.

3. Graduation parties garner unique considerations.

3.1. When students request the presence of their instructor(s), the graduation parties will be held during the duty day before the graduation date at DINFOS or other approved site and time conducive to maintaining good order and discipline as determined by the Director of

Training.

3.2. If students desire to give personal gifts (valued at no more than $30 per instructor), gifts will be presented at the graduation party. All gifts must be in good taste and will be pre-approved by the department head, academic director or, NCOIC.

4. Faculty and staff members desiring to conduct unofficial social gatherings involving students (e.g., faculty adviser inviting advisees to their homes for a holiday meal) must forward a written request for permission to the Director of Training for approval.

5. International students are involved in formal and informal activities unique to their status with cultural and diplomatic considerations that are coordinated and approved by the Chief of the

International Military Student Office (IMSO).

6. Immediate family members of students may socialize with that student family member based on pre-existing, bona fide relationship with permanent-party personnel or their families.

Students related to DINFOS faculty and staff members are allowed to attend a school-sanctioned gathering of several students at the homes of permanent-party personnel for a special event (e.g., holiday meal) if the Director of Training has given written permission for the gathering. If invited to such a gathering, the student(s) will seek permission to attend the event via their service detachment chain of command.

7. Unplanned and circumstantial interactions will be as brief, courteous, and respectful as possible and reported to the immediate superior at the earliest reasonable time. For example, if a faculty or staff member gives a student a ride in a personal vehicle for emergency purposes, the staff member will notify the supervisor by forwarding a SITREP no later than 24 hours or the next working day of giving the student a ride.

8. Professional contact. Students have been and will continue to be encouraged to stay in professional contact with their instructors following the completion of training. This may be done via official channels including military phone or military email.

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1-208. EO/EEO

1. Equal Opportunity (EO)/Equal Employment Opportunity (EEO). DINFOS will provide an environment free from discrimination based on race, color, gender, national origin, religion, age, or handicap. EO/EEO is based on the principle that each individual shall receive equal rights, opportunity, consideration, and protection. These policies and procedures also recognize the value of individual merit, demonstrated fitness and capability, and will be an integral part of every aspect of personnel policy and practice in the equitable treatment of all individuals.

2. Sexual harassment. Students, staff, and faculty share the responsibility to ensure the highest standards of conduct are maintained at DINFOS. Sexual harassment will not be tolerated.

1-209. Procedures for Redress

1. Questions about the appropriateness of a senior/subordinate or permanent party/student action or relationship should be brought to the immediate attention of the chain of command for resolution and guidance.

1.1. Enlisted personnel will route questions pertaining to proposed gathering/relationships in writing through their director and the senior enlisted advisor, and Command Sergeant Major to the Commandant for guidance and resolution.

1.2. Officer and civilian personnel will route questions pertaining to proposed gatherings/relationships in writing through their director and the Director of Staff to the

Commandant for guidance and resolution.

2. Anyone who has information or firsthand knowledge of any potential violation of this policy must report the situation to the chain of command immediately. Each violation or suspected violation will be investigated and corrective action, if warranted, will be taken.

3. Individuals who believe they have been sexually harassed will be provided the opportunity to seek resolution and redress without retribution. Directors and those in supervisory positions will ensure that notification of sexual harassment can be made in a command climate that does not tolerate acts of reprisal, intimidation, or further acts of harassment. All personnel will be made aware of the avenues available.

4. A full range of administrative and disciplinary actions is available to address incidents of proven inappropriate behavior. In the case of military personnel, these include informal counseling, comments in fitness reports and evaluations, administrative separation, and punitive measures under the Uniform Code of Military Justice (UCMJ). In the case of civilians and contractors, options include formal counseling, comments in performance evaluations, and disciplinary action including removal from Federal service for Government employees, and dismissal for contractors.

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1-210. UCMJ Punishable Offenses

Review of types of violations of the UCMJ under which a military member may be charged if allegations of EO/EEO, sexual harassment, or improper senior/subordinate relationships are substantiated:

Accessory after the fact Article 78

Failure to obey order or regulation Article 92

Cruelty and maltreatment Article 93

Provoking speeches or gestures Article 117

Rape and carnal knowledge Article 120

Sodomy Article 125

Extortion Article 127

Assault Article 128

Conduct unbecoming an officer and a gentleman Article 133

All disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces (i.e., communicating a threat, bribery, indecent, insulting or obscene language, or conduct prejudicial to good order and discipline)

Article 134

1-211. Standards of Appearance

1. All personnel will maintain a level of professional dress and appearance.

2. As appropriate, faculty/staff/students will adhere to service-specific standards and guidelines for wear of uniforms and appearance while in uniform. Inappropriate appearance factors of uniform/dress, accoutrements, and grooming are prohibited (e.g., flight suits).

3. Uniform of the day is prescribed by the directors for routine and specific training and support functions. For special occasions, announcements will be distributed as appropriate by this proponent or representative of the Command Group (e.g., last Friday of the month, or those dedicated to a ceremony).

4. Civilian personnel will dress appropriately for the type of work or occasion as directed by responsible supervisors.

1-212. News Media Interaction

1. Telling the DINFOS story is the responsibility of all military and DoD civilian personnel, and providing information to members of the news media is one of the most effective ways to accomplish this. Furthermore, all personnel have First Amendment rights regarding free speech and expression. However, it is important that DINFOS military and DoD civilian personnel follow some common-sense guidelines when interacting with members of the news media.

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2. Military and DoD civilian personnel who intend to provide interviews in their official capacity or while in uniform, or otherwise publicly release information based upon, related to or acquired through their official government capacity (that is, to release or discuss official DoD information) to members of the news media must first inform their chain of command and the

DINFOS Public Affairs Officer (PAO). They can then advise the member on their plans, assist in preparation for and execution of the interview or other interaction, and notify higher headquarters if required.

2.1. This requirement does not apply to interviews or information releases about purely private and personal matters unrelated to the service member’s or employee’s government employment or official military or government capacity, which do not pertain to the release or discussion of official DoD information.

2.2. When in doubt, individuals are encouraged to seek guidance from their chain of command and the DINFOS PAO.

3. All personnel shall ensure compliance with DoD Directive 5230.09, which defines official

DoD information as all information that is in the custody and control of the Department of

Defense, or was acquired by service members or employees as part of their official duties or because of their official status with the Department.

4. All information that is publicly released by military or DoD civilian personnel must be unclassified, and violate no laws, and refrain from inappropriate expressions.

4.1. Inappropriate language, inferences or gestures will not be used. Civil laws and liabilities inhibit use of “indecent” language that is generally referred to as being grossly offensive to modesty, decency, or shocks the moral sense as being vulgar, filthy, or disgusting.

4.2. Military personnel are specifically reminded of the additional prohibitions addressed in Articles 88, 89 and 134 of the UCMJ.

1-213. Off-Duty Employment

1. Outside employment or business activities of military members and civil service employees of DINFOS during non-duty hours (moonlighting) is permitted except under the following circumstances:

2. Employment outside DINFOS must not:

2.1. Interfere with performance of duties;

2.2. Involve any use of or expense to Government facilities, property, or manpower;

2.3. Endanger personal health or safety;

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2.4. Create a conflict of interest, or appear to create a conflict of interest, between the individual and the Government; and cannot reasonably be expected to bring discredit upon the

United States Government or the Military Services; and

2.5. Obtain outside employment by virtue of being assigned to DINFOS.

3. All personnel must understand that applicable military duty and/or DINFOS duty requirements take precedence over outside employment, and that no member will be released from duty requirements due to outside employment.

4. Prior to accepting an outside job and beginning work, military personnel, and DoD employees must submit a written request (DINFOS Form 121) to their supervisor for approval.

5. Supervisors will recertify off-duty employment applications annually, and documents will be retained in local personnel files.

1-214. References

(a) DoD Directive 1350.2, Department of Defense Military Equal Opportunity (MEO)

Program

(b) DoD Directive 1400.25, DoD Civilian Personnel Management System

(c) DoD Directive 1440.1, DoD Civilian Equal Employment Opportunity (EEO) Program

(d) DoD Directive 5230.09, Clearance of DoD Information for Public Release

(e) DoD Directive 5500.07, Standards of Conduct

(f) DoD Directive 7050.06, Military Whistleblower Protection

(g) Uniform Code of Military Justice

(h) Manual for Courts-Martial, United States, 2008

(i) Air Force Instruction 36-2909, Professional and Unprofessional Relationships

(j) Army Regulation 600-20, Army Command Policy, Personnel—General

(k) U.S. Navy Regulations, Article 1165, Fraternization Prohibited

(l) OPNAV Instruction 5370.2C, Navy Fraternization Policy

(m) SECNAV Instruction 5300.26D, Navy Policy on Sexual Harassment

(n) Marine Corps Manual 1100.4 with CH 1-3

(o) Coast Guard Personnel Manual 8.H, Interpersonal Relationships within the Coast Guard

(p) TRADOC Regulation 350-6, Enlisted Initial Entry Training Policies and Administration

1-215. Associated Forms

DINFOS Form 121, Application and Approval for Off-Duty Employment

DINFOS Form 122, Sample Memorandum: Request Permission for Off-Duty Association