CONSIDERATION OF

OTHERS/EQUAL OPPORTUNITY
TRAINING PROGRAM

PREVENTION OF
SEXUAL HARASSMENT
 OVERVIEW

• Equal Opportunity (EO) Policy

• Definition of Sexual Harassment & Key Terms
• Behaviors That Constitute Sexual Harassment
• Impact of Sexual Harassment
• Soldier/Leader/Commander Responsibilities
• Possible Consequences
 EO
POLICY
• Equal Opportunity and Treatment
– Both on and off post
– During duty and non-duty hours
– Soldiers, civilian employees, and family members
– Working environments
– Living environments
– Recreational environments
• Includes Both on and Off-post Housing
 SEXUAL
HARASSMENT

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 when: It is used as a basis
for career or employment decisions, (quid
pro quo); or it creates a hostile, intimidating,
or offensive environment. Conduct can be
explicit or implicit.
 SEXUAL
HARASSMENT
(continued)

Any person in a supervisory or command position

who uses or condones implicit or explicit sexual
behavior to control, influence, or affect the career,
pay, or job of a soldier or civilian employee is
engaging in sexual harassment.
Similarly, any soldier or civilian employee who
makes deliberate or repeated unwelcome verbal
comments, gestures, or physical contact of a
sexual nature is engaging in sexual harassment.
 KEY TERMS
EXPLAINED

Quid Pro Quo - simply means this for that.

"You do this for me and I will do that for you".

Intimidating, Hostile, or Offensive

Environment - involves the impact or effect
these behaviors have on an individual.
 KEY TERMS
EXPLAINED

Explicit : This is the full precise expression in

the form of verbal, nonverbal, or physical
behaviors.

Implicit (Implied): Behaviors are expressed

indirectly, but are understood. Behaviors can
be verbal, nonverbal, or physical.
 KEY TERMS
EXPLAINED

Unwelcome. Not of a kind to be welcomed,

desired, sought, or wanted. The term
“unwelcome” is determined by the recipient,
not the perpetrator.

Sexual Nature. Behavior with some sort of

sexual connotation to it.
 BEHAVIORS

Verbal Physical
• Whistles • Stalking
• Cat Calls
• Pinching
• Comments about clothing
• Blocking
Non-verbal
• Touching
• Staring
• Leering
• Blowing kisses
• Suggestive notes
• Displaying Sexist Pictures
 SEXUAL
HARASSMENT

• Is not limited to the workplace (applies to on

and off-post)
• Can occur anyplace, anytime (applies on
and off duty)
• Can come from anyone (can come from
soldiers/civilians you don’t work with)
• Violates acceptable standards of integrity
and impartiality required of all Army and
Department of Defense personnel
 PERSONAL BEHAVIOR
CHECKLIST

• Do I tell jokes or allow others to tell jokes of a sexual

nature?
• Does my behavior...?
– Offend or hurt other members of the work group?
– Contribute to the work environment, output and
unit mission?
– Send out signals that encourage others to harass?
• Is my behavior interpreted as harmful or harassing?
 WHAT ARE
THE IMPACTS?

• Impact on the individual/victim

• Impact on the unit
• Impact on the mission
 WHO IS
RESPONSIBLE?

• Soldier
• Equal Opportunity Leaders
and Supervisors
• Commander
 “IF YOU ARE BEING
SEXUALLY
HARASSED”

IfIf you
you feel
feel that
that you
you are
are being
being sexually
sexually harassed,
harassed,
here
here are
are aa few
few recommended
recommended courses
courses of
of action:
action:

• CONFRONT THE HARASSER

Clearly state that the behavior offends you and you want it to stop.
• KEEP A RECORD
Write down what happened, where it happened, when it happened,
and witnesses present during the incident. A written account is
more important because memories can be unreliable.
 WRITE A
LETTER

If you can’t confront the harasser in

person, write him or her a letter:
– State the offensive behavior
– When and where it occurred
– Why you object to it
– That you want it to stop
– How you expect to be treated in the future
– Send it by registered mail
 SUBMIT VALID
COMPLAINTS

Soldiers who knowingly submit a false

equal opportunity complaint (a complaint
containing information or allegations that
the complainant knew to be false) may be
punished under the UCMJ.
 EO LEADERS AND
SUPERVISORS

• Be proactive
• Set a positive example
• Conduct training
• Know policies and procedures
• Address and stop sexist behaviors
• Advise commander
 COMMANDERS

• Establish a command climate that

is free of sexual harassment

• Enforce DA and local policies

• Educate soldiers / leaders

 OFFENSES
PUNISHABLE
UNDER UCMJ

• Article 77 VIOLATION OF PRINCIPLES:

Observing sexual harassment or
discriminatory acts and neither stopping it
nor reporting it to authorities.
• Article 80 ATTEMPTS
• Articles 89 & 91 DISRESPECT: Making
racial or sexual comments and/or gestures
• Article 92 FAILURE TO OBEY AN ORDER OR
REGULATION
 OFFENSES
PUNISHABLE
UNDER UCMJ

• Article 93 CRUELTY AND MALTREATMENT:

Inflicting treatment that is cruel or
considered maltreatment to any person
subject to their orders.
• Article 117 PROVOKING SPEECH AND
GESTURES: Making racial or sexual
comments and/or gestures
• Article 120 RAPE
 OFFENSES
PUNISHABLE
UNDER UCMJ

• Article 125 SODOMY

• Article 127 EXTORTION: Threatening the
career, job, or salary of another unless
they cooperate
• Article 128 ASSAULT CONSUMMATED BY
A BATTERY: Physical assault
• Article 133 CONDUCT UNBECOMING AN
OFFICER: If the harasser is an officer.
 OFFENSES
PUNISHABLE
UNDER UCMJ

• Article 134 GENERAL ARTICLE:

Indecent language prejudicial to good
order and discipline.
• Article 134 BRIBERY AND GRAFT:
Offering rewards for sexual favors.
• Article 134 INDECENT ASSAULT, and
COMMUNICATING A THREAT:
Threatening the career, job, or salary
of another unless they “cooperate”.
 CASE STUDY #1
PFC Sharon Aranda doesn’t go to the enlisted club anymore. When she went to the club, rude
remarks or physical advances by the men made her uncomfortable. She goes straight to her room
after work, but even walking home causes her embarrassment. Soldiers hang out of the barracks’
windows and yell and whistle at her.
When she went to the First Sergeant with the problem, he told her to grow up. He suggested that she
must be dressing or acting in a manner to invite these actions. He concluded by telling her that if she
ignores the soldiers, they will stop.
1. Was the behavior sexual in nature?
2. Was the behavior unwelcome?
3. Does the behavior create a hostile or offensive work or living environment?
4. Have sexual favors been demanded, requested, or suggested as a condition of employment or
career and job success?
5. Is there a problem? Why or why not?
6. What are some other appropriate actions the soldier may take?
7. What are some appropriate actions witnessing soldiers may take?
 CASE STUDY #2

Cindy just celebrated her sixteenth birthday. Her parents have decided to give her a little
freedom. Last Saturday, they let her go to the mall with Paula, who is also sixteen. The girls
were having a great time wandering from store to store. Finally, as they were leaving, one of
the soldiers from her father’s unit (she had seen him before at a unit function) started making
sexually suggestive comments about the two girls. The girls tried to ignore him, but he only got
louder. There were other soldiers in the mall.
1. Was the behavior sexual in nature?
2. Was the behavior unwelcome?
3. Does the behavior create a hostile or offensive work or living environment?
4. Have sexual favors been demanded, requested, or suggested as a condition of employment or
career and job success?
5. Is there a problem? Why or why not?
6. What are some appropriate actions other soldiers in the mall can take?
 CASE STUDY #3

PV2 Marti Law enjoys her role as the clown and storyteller in the office. Usually her stories are
enjoyed by everyone. Lately, several of her stories have contained sexual activities. PFC Tom
Tuttle does not like her stories, but he laughs along with the others.
In the situation described above, Tom worked up the nerve to tell Marti that he finds her jokes
about sexual activities embarrassing and that he wishes she would not tell them. Marti and the
others in the office continue to tell this type of story.

1. Was the behavior sexual in nature?

2. Was the behavior unwelcome?
3. Does the behavior create a hostile or offensive work or living environment?
4. Have sexual favors been demanded, requested, or suggested as a condition of employment or
career and job success?
5. Is there a problem? Why or why not?
6. If it is a problem, what are some of the appropriate actions the soldier may take?
 CASE STUDY #4

PV2 Mary Hughes hates physical training. It’s not because she doesn’t like exercising. She’s
always been athletic. She’s tired of remarks by the men in the unit, such as “can you make those
moves for me, baby?” Also, she finds many of the “Jody” calls offensive.
When she went to her platoon sergeant and complained, he suggested that maybe she wasn’t “cut
out for the Army.” He said that the men were just joking and that “Jodies” are part of the Army
tradition and helps to build esprit de corps.

1. Was the behavior sexual in nature?

2. Was the behavior unwelcome?
3. Does the behavior create a hostile or offensive work or living environment?
4. Have sexual favors been demanded, requested, or suggested as a condition of employment or
career and job success?
5. Is there a problem? Why or why not?
6. If it is a problem, what are some of the appropriate actions the soldier may take?
 CASE STUDY #5

You observed a female soldier enter the S1 office. Three soldiers saw her, yet failed to
acknowledge that she was waiting to be served. When she asked for assistance, they made several
sexually suggestive remarks about her uniform. The soldier was visibly upset about her treatment,
and requested to see the NCOIC. The three soldiers appeared surprised, and one even stated that
she had no reason to be up set.

1. Was the behavior sexual in nature?

2. Was the behavior unwelcome?
3. Does the behavior create a hostile or offensive work or living environment?
4. Have sexual favors been demanded, requested, or suggested as a condition of employment or
career and job success?
5. Is there a problem? Why or why not?
6. What are some of the appropriate actions the soldier may take?
7. What are appropriate actions leaders should take?
 CASE STUDY #6

SPC Smith looked forward to her daily trips to the gym. She usually skipped lunch just to make
sure she’s there by 1700. Working out helped her to unwind after a stressful day at work. Last
week in the barracks, she was approached by SGT Williams who asked her some questions about
places she liked to party at and who she liked to hang out with. SPC Smith didn’t think much of
the conversation. Then, two days later, SGT Williams knocked on her door and handed her a
dozen roses, saying she’s just a friendly kinda of person. Two days after that, SGT Williams
started showing up everywhere SPC Smith was: in the dining facility, at the pool, and now today
at the gym. SPC Smith has had enough!
1. Was the behavior sexual in nature?
2. Was the behavior unwelcome?
3. Does the behavior create a hostile or offensive work or living environment?
4. Have sexual favors been demanded, requested, or suggested as a condition of employment or
career and job success?
5. Is this sexual harassment? Why or why not?
6. What are some of the appropriate actions the soldier may take?
7. What are appropriate actions leaders should take?
 CASE STUDY #7

Sgt James is a single parent that lives in off post housing. He is interested in Sgt Susan, who is
also a single parent. She lives four houses down from him. They are in the same unit. He is the
motor sergeant, and she works in the dining facility. He asks her for a date. She says she has no
interest in his advances . He sees her answer as a challenge and continues to pursue her.

1. Was the behavior unwelcome?

2. Can the behavior create a hostile or offensive work or living environment? Why or why not?

3. Is this sexual harassment? Why or why not?

4. If it is sexual harassment, what are some of the appropriate actions the soldier may take?

5. What are appropriate actions leaders should take?

 SUMMARY

• Equal Opportunity (EO) Policy

• Definition of Sexual Harassment & Key Terms
• Behaviors That Constitute Sexual Harassment
• Impact of Sexual Harassment
• Soldier/Leader/Commander Responsibilities
• Possible Consequences