1. DEFINITION OF SEXUAL HARASSMENT
A form of gender discrimination that involves unwelcomed sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
A person’s job, pay, or career placed at risk
An employee’s employment or career placed in jeopardy
It creates an intimidating, hostile, or offensive work environment
Viewgraph #22-1

2. QUID PRO QUO Latin term meaning, “this for that”
Conditions placed upon a person’s career or terms of employment in return for sexual favors
Promises of career advancement, promotions, and other benefits, should the victim give-in to the sexual advances
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3. HOSTILE ENVIRONMENT Offensive Unwanted
Unsolicited comments and/or behaviors of a sexual nature
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4. RELATED ELEMENTS OF SEXUAL HARASSMENT
IMPACT vs INTENT
Reasonable person standard
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5. SEXUAL HARASSMENT BEHAVIORS
Verbal comments
Nonverbal gestures
Physical contact
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6. SEXUAL HARASSMENT CHECKLIST
Is the behavior sexual in nature?
Is the behavior unwelcome
Does the behavior create a hostile or offensive environment?
Have sexual favors been demanded, requested, or suggested?
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7. VICTIM IMPACT Interferes with work performance
Creates a hostile environment
Stress
Fear and anxiety (quid pro quo)
Less productive
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8. WITH SEXUAL HARASSMENT
TECHNIQUES TO DEAL
WITH SEXUAL HARASSMENT
Direct approach
Indirect approach
Third party
A letter or memorandum
Chain of command
File a formal complaint
Viewgraph #22-8

9. REPERCUSSIONS OF SEXUAL HARASSMENT
Administrative actions
Mandatory counseling
Additional training
Denial of certain privileges
Rehabilitative transfer
Letter of admonishment/reprimand
Relief for cause (OER/NCOER)
Adverse performance evaluation
Bar to reenlistment
Separation
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10. STRATEGIES FOR COMBATING SEXUAL HARASSMENT
Be proactive!
Keep soldiers / civilians informed and educated
Conduct training
Outline procedures and policies
Be familiar with regulations and policies
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11. ARMY TRAINING PREVENTION OF SEXUAL HARASSMENT VIDEO LEVEL 1
VIDEO SLIDE # 1

12. POSH VIDEO TRAINING OBJECTIVES
You Will Learn:
Army Policy On Sexual Harassment
Impact On Personal and Unit Performance
How To Recognize Sexual Harassment
VIDEO SLIDE # 2

13. TRAINING OBJECTIVES (Con’t)
POSH VIDEO
TRAINING OBJECTIVES (Con’t)
You Will Learn:
How To Prevent Sexual Harassment
Informal Resolution Techniques
Sanctions And Laws
VIDEO SLIDE # 3

14. DEFINITION A form of sex discrimination that involves unwelcome sexual
advances, requests for sexual favors, and other verbal, or
physical conduct of a sexual nature, when:
Submission to such conduct is made either explicitly or
implicitly a term or condition of a person’s job, pay or
career, or,
Submission to or rejection of such conduct is used as a
basis for career or employment decisions affecting that
person, or,
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.
VIDEO SLIDE #4

15. DEFINITION (Con’t)
The definition of sexual harassment emphasizes that work-place conduct, to be actionable as "abusive work environment" harassment, need not result in concrete psychological harm to the victim, but rather need only be so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the work environment is hostile or abusive.
Any person in a supervisory or command position who uses or condones any form of sexual behavior to control, influence, or affect the career, pay, or job of a military member or civilian employee who makes deliberate or repeated unwelcome verbal comments, gestures, or physical contact of a sexual nature in the workplace is also engaging in sexual harassment.
VIDEO SLIDE #5

16. EXAMPLES OF SEXUAL HARASSMENT
Verbal:
Profanity, off-color jokes
Sexual comments, threats
Whistling, barking, grunts, growling, etc.
Passing rumors of sexual acts or involvement
VIDEO SLIDE #6

17. EXAMPLES OF SEXUAL HARASSMENT
Physical:
Leering, winking
Licking lips, displaying/giving sexually suggestive pictures or cartoons
Stroking, grabbing, patting, hugging, pinching, provocatively posing
Cornering or blocking a passageway
Adjusting someone’s clothing without permission
VIDEO SLIDE #7

18. Quid Pro Quo = “This for That”
TYPES OF SEXUAL
HARASSMENT
Quid Pro Quo = “This for That”
Submitting to, or rejecting sexual advances or requests can not be a condition upon which a person's job, career or upcoming promotion depends.
VIDEO SLIDE #8

19. TYPES OF SEXUAL HARASSMENT (Con’t) Unwelcome
Conduct that the soldier, family member or employee did not elicit or incite, and that he or she regards as undesirable or offensive
Equal initiation and participation between the alleged victim and the person he or she is interacting with
Some victims may feel they have no choice but to submit
Not necessary to state behavior is unwelcome
VIDEO SLIDE #9

20. TYPES OF SEXUAL HARASSMENT (Con’t) Hostile Environment
Unwelcome and demeaning sexually related behavior that creates an intimidating, hostile and offensive work environment.
VIDEO SLIDE #10

21. TYPES OF SEXUAL HARASSMENT (Con’t) Hostile Environment
Key Points:
Subtle
One incident or several
Intent of harasser is irrelevant
Perception or impact on harassed person
VIDEO SLIDE #11

22. TYPES OF SEXUAL HARASSMENT (Con’t) DATING
When do requests for dates constitute sexual harassment?
When it is unwelcome
What constitutes unwelcome?
Repeatedly hearing “no” as an answer
What constitutes no?
VIDEO SLIDE #12

23. OBSESSIVE FOLLOWING BEHAVIOR
TYPES OF SEXUAL
HARASSMENT (Con’t)
OBSESSIVE FOLLOWING BEHAVIOR
STALKING: includes actions of a person repeatedly following or harassing another person in
a manner to induce in a reasonable person a fear of sexual battery, bodily injury or death of that person
or a member of that person's immediate family
Stalking is a violation of the UCMJ
Obsessive behavior: such harassment can include unwanted telephone calls, uninvited visits to
personal quarters, etc.
VIDEO SLIDE #13

24. 4 QUICK QUESTIONS Was the behavior or innuendo sexual in nature?
Was the behavior unwelcome?
Does the behavior create a hostile or offensive work environment?
Have sexual favors been demanded, requested, or suggested--especially as a condition of employment or career and job success?
VIDEO SLIDE #14

25. ADVICE Victim of sexual harassment?
Contact your post's Equal Opportunity Advisor or,
Call the Equal Opportunity Sexual Harassment Hotline
VIDEO SLIDE #15

26. SELF-COPING MECHANISMS
Denial
Blaming Oneself
Joking
Avoidance
Confrontation
VIDEO SLIDE #16

27. INFORMAL RESOLUTION TECHNIQUES
Confront the harasser
Use an intermediary to confront the harasser
Write a letter to the harasser
Maintain a log or diary of incidents
Request sexual harassment training for the unit, or
Report the incident
VIDEO SLIDE #17

28. INFORMAL RESOLUTION TECHNIQUES (Con’t)
Confront the harasser:
Maintain professional demeanor,
Correct behavior, do not personally attack person
Tell the harasser what actions you do not like,
Explain that the action offends you,
Tell the harasser to stop,
State that if the actions persist, you will report
the individual
VIDEO SLIDE #18

29. INFORMAL RESOLUTION TECHNIQUES (Con’t)
Write A Letter To The Harasser:
write down the facts
explain how the inappropriate behavior makes
you feel
state what you think should happen next
keep a copy of the letter and mailed registration
receipt
if needed - make a formal complaint with letter
as proof
VIDEO SLIDE #19

30. INFORMAL RESOLUTION TECHNIQUES (Con’t)
Maintain a log or diary of incidents:
Make notes such as: times, dates, places, witnesses, and any actions taken to make the harasser stop
Keep your log out of the office
Do not show you log to anyone
Decide whether to file a complaint, using the log as evidence or destroy the log
VIDEO SLIDE #20

31. INFORMAL RESOLUTION TECHNIQUES (Con’t)
Request sexual harassment training:
Training to focus on sexually harassing behaviors being exhibited,
This is a subtle resolution technique,
Makes harassers aware of their inappropriate behavior.
VIDEO SLIDE #21

32. LEGAL SANCTIONS OFFENSE UCMJ ARTICLE
Making Sexual Comments Art 89: Disrespect Toward
Or Gestures Superior Officer,
Art 91: Insubordinate Conduct Towards A WO Or NCO,
Art 117: Provoking Speech And Gestures,
Art 134: Indecent Language,
Offering Rewards For Art 134: Bribery And Graft
Sexual Behaviors
VIDEO SLIDE #22

33. LEGAL SANCTIONS (Con’t)
OFFENSE UCMJ ARTICLE
Threatening The Career, Job Art 127: Extortion,
Or Salary Of A Person Unless
He or She “Cooperates”
Engaging In Or Condoning Art 92: Failure To Obey An
Sexual Harassment Order Or Regulation
Behaviors Art 133: Conduct Unbecoming An Officer
Influencing Or Threatening Art 93: Cruelty And
The Career, Pay Or Job Of Maltreatment
Another Person In Exchange
For Sexual Favors
VIDEO SLIDE #23

34. ADMINISTRATIVE SANCTIONS
Counseling
Bar To Reenlistment
Relief For Cause
Negative Performance Evaluation
VIDEO SLIDE #25

35. ADMINISTRATIVE SANCTIONS (Con’t)
Letters Of Admonishment And Reprimand
Rehabilitative Transfer
Negative Performance Administrative Reduction
Discharge From Service
Denial Of Certain Privileges
VIDEO SLIDE #26

36. WHISTLEBLOWER PROTECTION
Soldiers cannot be reprised against for filing a complaint of sexual harassment or unlawful discrimination
Soldiers must submit their complaints to DOD inspector general for investigation
DOD hotline:
CONUS:
OCONUS: (703)
VIDEO SLIDE #27

37. REPRISAL
Soldiers shall be free from reprisal for making or preparing a protected communication (to include complaints of unlawful discrimination and sexual Harassment) to a member of congress, an IG, or a member of a DOD audit, inspection, investigation, or law enforcement organization or any other person or organization.
VIDEO SLIDE #28

38. REPRISAL (Con’t)
Threats or acts of reprisal forbidden by army and The Department of Defense policy
Punishable under the UCMJ
Acts of reprisal can come from your co-workers of those in a supervisory position
VIDEO SLIDE #29

39. REASONABLE PERSON STANDARD
In judging whether the incident is sexual harassment, it must be viewed from the perspective of a typical, reasonable third party.
Would a reasonable person find that behavior hostile, offensive, or intimidating and adversely affect his/her ability to do his/her work?
The “reasonable person standard” is used by commanders and the courts to judge whether the conduct was sexual harassment
VIDEO SLIDE #30

40. TRAINING SESSION # 1 The following was covered:
Army policy on sexual harassment
Definition of sexual harassment
Physical and verbal types of sexual harassment
Effect of sexual harassment on unit cohesion and readiness
VIDEO SLIDE #31

41. TRAINING SESSION # 1 The following was covered:
Effect of sexual harassment on individual performance
Four questions
Unwelcome
Reasonable person standard
VIDEO SLIDE #32

42. TRAINING SESSION # 1 The following was covered: Sex vs. Power
Intent vs. Impact
For advice, contact EOA or EO/SH hotline
VIDEO SLIDE #33

43. TRAINING SESSION # 2 The following was covered:
EOA’s role as advisor to commander
Definition of sex discrimination
Six informal resolution techniques
Who to file an equal opportunity complaint with
VIDEO SLIDE #34

44. TRAINING SESSION # 2 The following was covered: Definition Of Reprisal
Military Whistleblower Protection Directive
VIDEO SLIDE #35

45. TRAINING SESSION # 3 The Following Was Covered:
Sexual Harassment Punishable Under The UCMJ Or Administrative Punishment
Administrative Actions That May Be Taken
Totality Of Circumstances
Immediately Report Acts Of Sexual Harassment
Immediately Report Acts Of Obsessive Following Behavior
VIDEO SLIDE #36