Policy 32 - SHARP.pdf

DEPARTMENT OF THE ARMY

HUMINT TRAINING – JOINT CENTER OF EXCELLENCE

821 IRWIN STREET, MATLACK HALL (BLDG 80122)

85613-7000

ATZS-HT

MEMORANDUM FOR HT-JCOE, ALL

SUBJECT: Policy 32 – Prevention of Sexual Harassment and Sexual Assault

1. REFERENCES.

a. Department of Defense Directive (DoDD) 5400.11, DoD Privacy Program, 8 May 2007, Incorporating Change 1, 1 September 2011.

b. Department of Defense Directive (DoDD) 6495.01, Sexual Assault Prevention and Response (SAPR) Program 23 January 2012, Incorporating Change 1, 30 April 2013.

c. Department of Defense Instruction (DoDI) 6495.02, Sexual Assault Prevention and Response (SAPR) Procedures, 28 March 2013, Incorporating Change 1, effective 12 February 2014.

d. Directive-type Memorandum (DTM) 14-001 – “Defense Sexual Assault Advocate Certification Program (D-SAACP)”, 14 January 2014.

e. Army Regulation 27-10, Legal Services Military Justice, 3 October 2011.

f. Army Regulation 600-20, Army Command Policy, Chapters 7, 8, and Appendix D, Sexual Harassment Complaint Processing System, 6 November 2014.

g. Headquarters, Department of the Army (HQDA) Execution Order (EXORD) 221- 12, SHARP Program Synchronization Order, 23 June 2012 with Fragmentary Orders (FRAGOS) 01 through 04 and Annexes G, H & I to FRAGO 2.

h. ALARACT 075-2009, Sexual Harassment/Assault Response and Prevention (SHARP) Initiatives.

i. ALARACT 182/2010 Sexual Harassment/Assault Response and Prevention.

j. ALARACT 123-2011 Mandatory Unit SHARP Training.

k. ALARACT 007-2012, Sexual Harassment/Assault Response and Prevention (SHARP) Program Implementation Guidance.

l. Army Directive 2015-10, Sexual Assault Incident Response Oversight.

m. ALARACT 188-2014, Screening of SHARP Personnel and Others in Identified Positions of Significant Trust.

n. Memorandum, Deputy Chief of Staff, G-1, subject: Guidelines and Process for Critical Command Information Requirements (CCIR) regarding Sexual Harassment and Assault incidents, 11 October 2013.

o. USAICoE Policy 15-23 – Prevention of Sexual Harassment and Sexual Assault, 25 September 2015.

2. APPLICABILITY. This policy applies to all service members, Department of Defense (DoD) Civilians, and Family members assigned, attached to, or employed by the HUMINT Training – Joint Center of Excellence (HT-JCOE).

3. POLICY. Sexual harassment and sexual assault are unacceptable and will not be tolerated within HT-JCOE. I am committed to maintaining a work environment conducive to maximum productivity and respect for human dignity. Sexual harassment destroys teamwork and negatively affects the cohesive atmosphere that pervades throughout HT-JCOE. Sexual assault is a crime punishable under the Uniform Code of Military Justice (UCMJ), Federal, and State law and has no place in the military, HT- JCOE, or our communities.

a. There is zero tolerance for sexual harassment within HT-JCOE. Sexual harassment is a form of gender discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature between the same or opposite genders when submission to, or rejection of, such conduct explicitly or implicitly affects an individual’s employment, work performance or creates a hostile or intimidating work environment. Sexual harassment has no place within HT-JCOE; all personnel have an individual responsibility to intervene to stop these incidents. All leaders will set the example of the proper standards of conduct that is conducive to mission accomplishment and a unified organization. I expect leaders to take responsibility for both prevention and appropriate corrective actions in eliminating sexual harassment.

b. Sexual assault is a crime and will not be tolerated. Sexual assault degrades morale, trust and mission accomplishment, and is against every value on which HTJCOE is based. Sexual assault is defined as intentional sexual contact, characterized by use of force, a threat of force, the abuse of authority, or in any circumstances in which the victim does not or cannot consent. Sexual assault includes rape, nonconsensual sodomy (oral or anal), and indecent assault, as well as any attempts to commit such acts. Sexual assault can occur without regard to race, religion, national origin, color, gender, spousal relationship or age of the victim.

c. Physical sexual harassment may potentially be classified as sexual assault.

Consequently, whenever leadership is made aware that physical contact was made in a case of alleged sexual harassment or misconduct, the Criminal Investigation

Department (CID) must be notified. CID will determine the appropriate classification of the incident, and therefore the manner in which it will be handled.

d. I challenge all personnel at HT-JCOE to maintain our great reputation; we all have the responsibility to ensure that our tenets of absolute professionalism and flawless leadership at all levels are upheld. It is up to all of us to lead by example and provide a safe environment for ourselves, each other and our students.

4. PROCEDURES.

a. Leaders, military service members, DoD Civilians, Family members, and students within HT-JCOE will support the “Not in My Army” campaign which combats sexual harassment and sexual assault by engaging all who are part of HT-JCOE, regardless of service or civilian organization, in taking a proactive stance. Sexual harassment and sexual assault may be prevented through immediate intervention. Bystanders should speak up to stop sexual harassment at the earliest stages before a potential sexual assault develops. Sexual harassment and sexual assault prevention requires everyone to take an active role and to work together. Together we can change the culture of acceptable behavior in our workplace and eliminate behaviors to the contrary.

b. SEXUAL ASSAULT: The SHARP policy provides two modes of reporting:

Restricted and Unrestricted. Both options are available to military personnel, their family members 18 years of age or older, and to National Guard and Reserve personnel while on active duty status. Unrestricted Reporting is the only option available to all other civilian personnel, who can contact the Commander, unit SHARP representative and/or local law enforcement.

(1) Restricted reporting allows a victim to confidentially disclose the details of the assault to specifically identified individuals and receive medical care and counseling without triggering an official investigation. Service members who are sexually assaulted and desire restricted reporting should report the assault to the SARC/SHARP, VA/SHARP, or Health Care Provider.

(2) Filing an Unrestricted Report will initiate an official investigation. Unrestricted reporting allows a victim desiring an official investigation into the allegation to use current reporting channels such as law enforcement and the chain of command.

Victims desiring unrestricted reporting may still contact the SARC/SHARP, VA/SHARP, or Medical Treatment Provider. Details regarding the incident will be limited to those personnel who have a legitimate need to know of the information, as well as those agencies which UCMJ, policies, or applicable laws dictate be notified of such a change.

c. SEXUAL HARASSMENT: Once sexual harassment behavior has been identified, the behavior must stop. All personnel have a responsibility to inform their supervisor and/or supervisory chain of command. It is management's responsibility to intervene against harassers. Civil law does not require the victim of harassment to confront the offender, whereas military policy encourages it. If the aggrieved is a federal employee and concludes that the supervisory chain did not take adequate action to resolve the issue, he/she has the right to submit a complaint within 45 calendar days of the most recent incident of sexual harassment to their component servicing Equal Opportunity Employment Office. Contract employees should contact their respective contracting agency Human Resources office or the Phoenix District office of the Equal Employment Opportunity Commission (EEOC). If a claim of Sexual Harassment involving a contractor arises, HT-JCOE Command will work with the contracting organization for the benefit of HT-JCOE and in the interest of justice, fairness and impartiality, in accordance with the tenets of the SHARP program. There are several options available to address sexual harassment.

(1) Direct Approach - Confront the harasser and tell him/her that the behavior is not appreciated, unwelcomed, and that it must stop. Stay focused on the behavior and its impact and use common courtesy.

(2) Indirect Approach - Send a letter to the harasser stating the facts, personal feelings about the inappropriate behavior, and expected resolution.

(3) Third Party assistance - Ask someone else to talk to the harasser, to accompany you, or to intervene on your behalf to resolve the conflict.

(4) Chain of Command - Report the behavior to your immediate supervisor or others in the chain of command and ask for assistance in resolving the situation.

(5) File a Complaint:

(a) An informal complaint is not filed in writing. Typically the issues are resolved through discussion, problem identification, and clarification of the issues. Complaints can be submitted to a SARC or VA for resolution.

(b) A formal complaint is one where the complainant files in writing and swears to the accuracy of the information. Formal complaints require specific actions, are subjected to timelines, and require documentation of the actions completed.

Complaints can be submitted to a VA or SARC; however, only a SARC can process the complaint.

d. The chain of command, to include course directors and personnel in other leadership positions, will refrain from questioning victims as to the specifics of the alleged sexual assault. If the victim has made an unrestricted report, this risks compromising the criminal investigation. If the victim has made a restricted report, questions regarding the alleged event risk violating the confidentiality afforded through restricted reporting. Personnel will treat all victims of sexual assault with dignity, fairness, and respect. The privacy of the victim and the accused will be respected. In addition, personnel without a bona fide need to know will refrain from questioning SHARP representatives as to the details of ongoing cases.

5. RESPONSIBILITIES.

a. Leaders at all levels must take swift and decisive action in preventing, identifying, and reporting all incidents of sexual assault and harassment. Every course or staff director under my authority who becomes aware of a sexual assault will report these allegations within 24 hours to appropriate authorities: the Sexual Assault Response Coordinator (SARC), the Staff Judge Advocate advisor, and the Criminal Investigative Division of Fort Huachuca. Additionally, I expect every member of this command who becomes aware of sexual assault to report these allegations within 24 hours to appropriate authorities: the SARC, the SJA advisor, and CID.

b. As leaders, we will emphasize the tenets of the SHARP program as a continual, ongoing effort. In support of this and in order to foster a continuous discussion of SHARP and how it affects all personal interactions, throughout the year, HT-JCOE will conduct quarterly in-person SHARP training individually for each course and the staff, to be tailored to our specific needs and audience. All military and DOD civilian personnel will complete service/agency specific sexual harassment/assault training, so that all personnel fully understand their responsibilities in support of the program and the repercussions for noncompliance. SHARP training is highly recommended for DOD contract personnel. Training will be documented appropriately and tracked by J-3 to ensure all personnel attend a minimum of three out of four SHARP training events per year, in addition to the required SHARP ONLINE training. Special efforts should be made to coordinate events in April in support of Sexual Assault Awareness Month.

Together we will eradicate sexual harassment and sexual assault within HT-JCOE.

c. I fully support our SHARP personnel and will make every effort to ensure that our SARC and VA’s attend the 32 hours of Continuing Education Units (CEU) biennially in order to maintain their credentialing. Participation in ongoing training opportunities ensures that our SARC/VA’s remain current and informed.

d. I will make every allowance to ensure a SARC/VA who is called upon to provide advocacy services is permitted to perform those duties. HT-JCOE staff who fill these positions have all volunteered to do so and will undoubtedly fulfill those duties professionally and with compassion. Leaders at all levels will ensure sexual assault victims receive timely, integrated and comprehensive assistance. Leadership will ensure that the SARC or VA at their course has the ability to network with appropriate support agencies to include, but not limited to, the Installation SARC, Military Police, CID, Office of the Staff Judge Advocate, and Medical Providers. Any alleged misconduct by one of our SHARP representatives will be taken seriously. If substantiated, a determination will be made as to whether that SHARP representative should remain an appointed representative and/or maintain their credentialing.

e. This policy is not all encompassing; please contact HT-JCOE Command and SHARP representatives for further assistance. There are additional resources available to all regardless of status and taking into account the unique composition of HT-JCOE. HT-JCOE SHARP representatives are available to all personnel assigned to HT-JCOE regardless of service or organization. The HT-JCOE SARC can be reached at 520-533-6918 or DSDC Room 606 during duty hours and at 520-423-7847 after hours and on weekends. Fort Huachuca has a SHARP Program that can be accessed by all DOD personnel 24 hours a day, 7 days a week via the Installation SHARP Hotline, 520-732-3736. The Department of Defense SAFE Helpline can be accessed 24 hours a day, 7 days a week at 1-877- 995-5247.

6. EXPIRATION. This HT-JCOE command policy will remain in effect until superseded or rescinded.

7. This HT-JCOE Command policy supersedes Policy 32 – Sexual Harassment Assault Response and Prevention Program, 9 April 2013.

8. PROPONENT: HT-JCOE SARC, DSN 821-6918, commercial (520) 533-6918.

1/13/2016

X Travis A. Phillips

Signed by: PHILLIPS.TRAVIS.ALLEN.1156987634

TRAVIS A. PHILLIPS

Colonel, US Army Commanding