EO COMPLAINT PROCEDURES

OVERVIEW  DEFINE TYPES OF COMPLAINTS  ALTERNATIVE AGENCIES  CDR/ALTERNATE AGENCY RESPONSIBILITIES  ELEMENTS OF INQUIRY/INVESTIGATION  ACTIONS TO RESOLVE A COMPLAINT  APPEALS PROCESS  FORMS OF REPRISAL  DEFINE TYPES OF COMPLAINTS  ALTERNATIVE AGENCIES  CDR/ALTERNATE AGENCY RESPONSIBILITIES  ELEMENTS OF INQUIRY/INVESTIGATION  ACTIONS TO RESOLVE A COMPLAINT  APPEALS PROCESS  FORMS OF REPRISAL OVERVIEW

TYPES OF EO COMPLAINTS  INFORMAL  FORMAL  INFORMAL  FORMAL TYPES OF EO COMPLAINTS

INFORMAL COMPLAINTS  Are not in writing  Resolved at lowest level possible  No requirement for chain of command intervention  May use assistance of others  Are not in writing  Resolved at lowest level possible  No requirement for chain of command intervention  May use assistance of others INFORMAL COMPLAINTS

 Confidentiality possible, but not guaranteed  Not subject to timeline suspense  Informal process has good chance for success  Severity of complaint does not warrant a formal complaint  Confidentiality possible, but not guaranteed  Not subject to timeline suspense  Informal process has good chance for success  Severity of complaint does not warrant a formal complaint INFORMAL COMPLAINTS

IF BEHAVIOR PERSISTS..  File a formal complaint using a written DA Form 7279-R  Complaints must be filed within 60 calendar days of incident  Those filed after 60 calendar days may be pursued at the commander’s discretion  File a formal complaint using a written DA Form 7279-R  Complaints must be filed within 60 calendar days of incident  Those filed after 60 calendar days may be pursued at the commander’s discretion FORMAL COMPLAINTS

DECISION FACTORS  Inability to resolve the complaint informally  Soldier uncomfortable with the informal process  Issues may warrant an official investigation  Complaint against a member of the chain of command or another superior officer  Desire of the soldier to use an outside agency or higher echelon commander  Inability to resolve the complaint informally  Soldier uncomfortable with the informal process  Issues may warrant an official investigation  Complaint against a member of the chain of command or another superior officer  Desire of the soldier to use an outside agency or higher echelon commander DECISIONS TO FILE A FORMAL COMPLAINT

A HIGHER ECHELON COMMAND EQUAL OPPORTUNITY ADVISOR INSPECTOR GENERAL HOUSING REFERRAL OFFICE STAFF JUDGE ADVOCATE PROVOST MARSHAL MEDICAL AGENCY PERSONNEL CHAPLAIN ALTERNATIVE AGENCIES ALTERNATIVE AGENCIES

A HIGHER ECHELON COMMAND EQUAL OPPORTUNITY ADVISOR INSPECTOR GENERAL HOUSING REFERRAL OFFICE STAFF JUDGE ADVOCATE PROVOST MARSHAL MEDICAL AGENCY PERSONNEL CHAPLAIN ALTERNATIVE AGENCIES ALTERNATIVE AGENCIES

COMMANDER / ALTERNATIVE AGENCY RESPONSIBILITIES  Ensure information is complete  Ensure individual is sworn to complaint  Clarify basis of complaint  Identify additional information  Ensure information is complete  Ensure individual is sworn to complaint  Clarify basis of complaint  Identify additional information COMMANDER/ALTERNATIVE AGENCY RESPONSIBILITIES

 Tell what happens next  Acknowledge receipt  Initiate inquiry/investigation within 14 calendar days  Refer to appropriate agency/commander within 3 calendar days  Provide written feedback  Tell what happens next  Acknowledge receipt  Initiate inquiry/investigation within 14 calendar days  Refer to appropriate agency/commander within 3 calendar days  Provide written feedback COMMANDER/ALTERNATIVE AGENCY RESPONSIBILITIES

ELEMENTS OF INQUIRY/INVESTIGATION  Clarify nature of complaint  Interview as appropriate  Gather information  Consult advisors  Assess information  Render decision on findings  Provide a written plan on reprisals  Clarify nature of complaint  Interview as appropriate  Gather information  Consult advisors  Assess information  Render decision on findings  Provide a written plan on reprisals ELEMENTS OF INQUIRY/INVESTIGATION

ACTIONS TO RESOLVE A COMPLAINT  Unsubstantiated  Substantiated  Unsubstantiated  Substantiated ACTIONS OF THE COMMANDER

UNSUBSTANTIATED  There was not enough or no evidence to support the basis of the complaint  Evidence found during the inquiry/investigation thoroughly disputed the allegation(s)  There was not enough or no evidence to support the basis of the complaint  Evidence found during the inquiry/investigation thoroughly disputed the allegation(s)

SUBSTANTIATED  There was sufficient evidence to support the basis of the complaint  There was sufficient evidence to support all or part of the allegation(s)  There was sufficient evidence to support the basis of the complaint  There was sufficient evidence to support all or part of the allegation(s)

APPEALS PROCESS  Submit in writing within 7 calendar days  Specify issues you disagree with  Submit to immediate or next higher chain of command  May request appointment with appeal authority  Final decision/authority is the 1st General Court Martial Convening Authority in chain of command  No further appeal available within EO complaint system  Follow-up assessment  Submit in writing within 7 calendar days  Specify issues you disagree with  Submit to immediate or next higher chain of command  May request appointment with appeal authority  Final decision/authority is the 1st General Court Martial Convening Authority in chain of command  No further appeal available within EO complaint system  Follow-up assessment

APPEALS PROCESS  Findings annotated on DA Form 7279-R

REPRISAL Taking or threatening to take an unfavorable personnel action or withholding or threatening to withhold a favorable personnel action, or any other act of retaliation, against a military member for making or preparing a protected communication

FORMS OF REPRISAL  THREATENING  INTIMIDATION  HARASSMENT  THREATENING  INTIMIDATION  HARASSMENT

REPORTING INCIDENTS OF REPRISAL  Made a protected disclosure  Unfavorable action threatened or taken  Official or other person knew of disclosure or complaint  Disclosure caused action taken  Evidence that disclosure caused action  Made a protected disclosure  Unfavorable action threatened or taken  Official or other person knew of disclosure or complaint  Disclosure caused action taken  Evidence that disclosure caused action REPORTING INCIDENTS OF REPRISAL

CHAINOFCOMMANDEQUALOPPORTUNITYADVISORINSPECTORGENERALHOUSINGREFFERRALOFFICEJUDGEADVOCATEGENERALMILITARYPOLICE OR CRIMINAL INVESTIGATORCHAPLAINMEDICALAGENCY MAKE AN INFORMAL COMPLAINT. REPORT INAPPROPRIATE BEHAVIOR WITHOUT INITIATING A FULL INVESTIGATION. THIS MAY BE MOST APPROPRIATE FOR MINOR INFRACTIONS, WHERE VICTIM SIMPLY WANTS BEHAVIOR STOPPED. IF YOU ARE THE VICTIM III Corps Hot Line # **CALL THE EQUAL OPPORTUNITY HOT LINE AT YOUR INSTALLATION TO CLARIFY WHETHER AN INCIDENT OR BEHAVIOR QUALIFIES AS SEXUAL OR BEHAVIOR QUALIFIES AS SEXUAL HARASSMENT OR DISCRIMINATION. HARASSMENT OR DISCRIMINATION. FILE A FORMAL COMPALINT (DA FORM 7279-R)WITH ANY OF THE FOLLOWING AGENCIES. COMPLAINTS MUST BE FILED WITHIN 60 CALENDAR DAYS OF INCIDENT. THOSE FILED AFTER 60 CALENDAR DAYS MAY BE PURSUED AT COMMANDER’S DISCRETION. IF BEHAVIOR PERSISTS 3 DAYS COMPLAINTS EXCEPT THOSE FILED WITH THE IG MUST BE ACTED UPON IN THREE CALENDAR DAYS. COMPLAINTS FILED WITH AN AGENCY AGAINST A MEMBER OF THE CHAIN OF COMMAND WILL BE REFFERED TO THE NEXT HIGHER COMMANDER IN THE CHAIN. ALL FORMAL COMPLAINTS WILL BE WILL BE REPORTED WITHIN 72 HOURS TO THE FIRST GENERAL COURT MARTIAL CONVENING AUTHORITY (GCMCA) IN THE CHAIN OF COMMAND. PROVIDE A PROGRESS REPORT TO THE GCMCA AUTHORITY 20 DAYS AFTER THE DATE ON WHICH THE INVESTIGATION COMMENCED AND 14 DAYS THEREAFTER. 14 DAYS THE COMMANDER OR THE INVESTIGATING OFFICER APPOINTED BY THE COMMANDER HAS 14 CALENDAR DAYS TO INVESTIGATE THE ALLEGATIONS AND MEET WITH THE VICTUM TO DISCUSS THE OUTCOME AND RESULTS. A 30 DAY EXTENSION MAY BE GRANTED FROM THE NEXT-HIGHER COMMANDER IF CIRCUMSTANCES REQUIRE IT. FURTHER EXTENSIONS CAN BE APPROVED ONLY BY THE FIRST GENERAL OFFICER IN THE CHAIN OF COMMAND. 7 DAYS THE COMPLAINANT HAS SEVEN CALENDAR DAYS TO APPEAL TO THE NEXT HIGHER COMMANDER IF HE OR SHE IS DISSATISFIED WITH THE INVESTIGATION RESULTS OR ACTIONS TAKEN. THAT COMMANDER HAS 14 DAYS TO REVIEW THE CASE AND ACT ON THE APPEAL. FINAL DECISIONS ON COMPLAINTS REST WITH THE GENERAL COURT-MARTIAL CONVENING AUTHORITY DAYS EQUAL OPPORTUNITY ADVISOR WILL CONDUCT A FOLLOW-UP ASSESSMENT OF ALL FORMAL EO COMPLAINTS, BOTH FOR SUBSTANTIATED AND UNSUBSTANTIATED COMPLAINTS CALENDAR DAYS FOLLOWING THE FINAL DECISION RENDERED ON THE COMPLAINT. THE PURPOSE OF THE ASSESSMENT IS TO MEASURE THE EFFECTIVENESS OF THE ACTIONS TAKEN AND TO DETECT AN DETER ANY ACTS OR THREATS OF REPRISAL. THE FINDINGS OF THIS ASSESSMENT WILL BE ANNOTATED ON DA FORM R AND MAINTAINED BY THE EOA.

GOAL Resolve at lowest level within the chain of command GOAL

OVERVIEW  DEFINE TYPES OF COMPLAINTS  ALTERNATIVE AGENCIES  CDR/ALTERNATE AGENCY RESPONSIBILITIES  ELEMENTS OF INQUIRY/INVESTIGATION  ACTIONS TO RESOLVE A COMPLAINT  APPEALS PROCESS  FORMS OF REPRISAL  DEFINE TYPES OF COMPLAINTS  ALTERNATIVE AGENCIES  CDR/ALTERNATE AGENCY RESPONSIBILITIES  ELEMENTS OF INQUIRY/INVESTIGATION  ACTIONS TO RESOLVE A COMPLAINT  APPEALS PROCESS  FORMS OF REPRISAL SUMMARY