Attachment_8_Contracted_Employees_SHARP_Info_CA_Region.pdf

5 FEB 15

INFORMATION PAPER

SUBJECT: Contractor Employees in the Army Workplace: Guidance on Handling Sexual Assault/Harassment Allegations Involving Contractor Employees

1. PURPOSE: To provide guidance to Army units on properly handling alleged incidents of Sexual Assault and/or Sexual Harassment involving Contractor Employees

2. SEXUAL ASSAULT or SEXUAL HARRASSMENT INCIDENT RESPONSE PROCESS: If a Contractor Employee is accused of, or the victim of, an alleged sexual assault or sexual harassment incident involving a Soldier, DA Civilian, or another Contractor Employee the following steps must be taken as soon as possible by the Army unit(s) involved:

a. For Sexual Assaults Only - If the alleged incident occurs on a military installation, contact CID or the MPs to report the alleged assault. If off post, contact the local police/sheriff’s department, to report the alleged assault. For all emergencies, dial 911, on or off post.

For all alleged Sexual Assault/Harassment Incidents follow the remaining steps:

b. If the alleged victim is a Soldier contact the SHARP (SARC or VA) representative(s) of the Army unit(s) involved. For all others, notify the Unit’s chain of command and the Government Supervisor of the department where the incident occurred.

c. Notify the Contracting Officer Representative (COR) assigned to oversee the contract that the Contractor Employee(s) works under, of the alleged sexual assault or sexual harassment incident.

d. COR notifies the contracting officer (KO) with the four Ws (Who, What, When & Where).

e. KO will notify the Contractor Employee’s company, submit a MICC CCIR to their supervisor and document the Contract file concerning the alleged incident.

f. Unit Commanders/SHARP representatives handle the other aspects of the case IAW the Army

SHARP process (AR 600-20 and/or other published DA Policies).

g. If the unit Commander(s) initiates an investigation, prior to interviewing any Contractor Employees for the investigation, coordination must be made through the KO. NOTE: A Contractor Employee cannot be compelled to provide a sworn statement or be forced to participate in an investigation, and attempting to do so may result in an Unauthorized Commitment. A Contractor Employee can voluntarily provide a sworn statement, but they will be doing so in their personal capacity, not as a representative of the Employee’s Company.

h. Completed unit Sexual Assault/Harassment investigation reports involving Contractor Employees must be provided to the KO in order to document the Contract file and protect the Government’s interest.

i. Contractor Employees who are victims of sexual assault/harassment can be referred to the EEO, who will review their eligibility for programs. They may be able to seek treatment through their Company. A Contractor Employee may also call the U.S. Equal Employment Opportunity Commission (EEOC), 1-800-669-4000 (toll-free).

3. FOR MORE INFORMATION/QUESTIONS: Contact the 412th Contract Support Brigade Legal office at 210-221-6407 or kristine.m.knodel.mil@mail.mil.

PREPARED BY: CPT Kristine M. Knodel APPROVED BY: COL Tim J. Strange

ATTACHMENT 8

INFORMATION PAPER