Leaders Guide - Sexual Harassment

The organizational climate of a unit is the responsibility of the commander. Sound leadership is the key to eliminating all forms of discrimination, and those in supervisory positions must foster an environment free of inappropriate behavior. All individuals in the unit must be treated fairly and with mutual respect. Sexual harassment is a form of discrimination that erodes morale and negatively impacts unit cohesion. Commanders, supervisors, managers, and all others in leadership positions will neither tolerate nor fail to correct sexual harassment by their subordinates, nor will they allow the existence of hostile work environments. The impact of sexual harassment affects the individual through stress in the workplace, physical fitness, and reenlistment intentions. Sexual harassment affects the unit's productivity, readiness, cohesion and mission accomplishment.

See: Manpower Equal Opportunity Branch

Sexual Harassment:: A form of sex discrimination that involves unwelcome sexual advances, request 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.
Submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person.
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. Workplace 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 as 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 is engaging in sexual harassment. Similarly, any 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.


Reasonable Person Standard:: An objective test used to determine if behavior meets the legal test for sexual harassment. The test requires a hypothetical exposure of a reasonable person to the same set of facts and circumstances; if the behavior is offensive, then the test is met. The reasonable person standard considers the complainants perspective and does not rely upon stereotyped notions of acceptable behavior within that particular work environment.
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 or civilian employee for participating in the sexual harassment or discrimination complaint process. Reprisal can come from any military member or civilian employee internal or external to the workplace of the complaint or offender.
Workplace:: An expansive term for military members that may include conduct on or off duty, 24 hours a day.
Work Environment:: The workplace and the conditions or atmosphere under which people are required to work.

Fear of reprisal is the major reason why Marines do not report instances of sexual harassment. Indicators of reprisal include reduction in pro/con marks on fitness reports, inequity in duty schedules, or non-recommendation for promotion, retention, school seats, etc. There is also the fear of being ostracized by fellow Marines, being viewed as a troublemaker.

Video – “Making A Difference.” The video is a training aid to be used in small group discussions about equal opportunity. There are a series of scenarios that depict common issues that have been reported as occurring in the Marine Corps. To obtain a copy please see your Equal Opportunity Advisor (EOA).

White Letter No. 06-03“Changing Attitudes Towards Sexual Harassment in the Marine Corps” 16 Dec 2003

CMC (MPE):

is the Manpower Equal Opportunity Branch, located at Headquarters Marine Corps, Manpower and Reserve Affairs Department, 3280 Russell Road, Quantico, VA 22134. The Branch provides policy guidance to the entire Marine Corps, active and reserve, concerning Equal Opportunity.

Discrimination and Sexual Harassment (DASH) Reporting System:

is the automated process that collects and documents information on all formal equal opportunity complaints. The web-based system is maintained by CMC (MPE) and uses the information gathered to generate statistics for reporting purposes and to keep CMC apprised of equal opportunity issues throughout the Marine Corps. It is further outlined below:

It is the responsibility of the command in which the complaint was received to ensure a DASH report is initiated. The DASH report is required when a formal complaint is filed and a Marine is the complainant or alleged offender. The command that receives the complaint is responsible for ensuring a DASH report is submitted to the CMC (MPE).
Commanders are required to submit a DASH report, using the format in Appendix D of MCO P5354.1D, within 20 days after the date on which the investigation commenced. The command EOA will provide advice and assistance on DASH report submission procedures.
Commands not located at or near an installation with an EOA need to contact Headquarters, U.S. Marine Corps (MPE), 3280 Russell Road, Quantico, VA 22134-5103, commercial phone number (703) 784-9371, DSN 278-9371 for further guidance. DASH reports should not be reported via message traffic due to the sensitive nature of the information and to protect the privacy of the people involved.

Equal Opportunity Advisors (EOA):

EOAs are assigned to commanders at major Marine Corps installations. There are 37 EOA billets Marine Corps-wide. Their primary duty is to assist the Commander with managing the commander’s EO Program. EOAs attend the EOA Resident Course at the Defense Equal Opportunity Management Institute (DEOMI). The course provides information related to EO program management, multicultural history, diversity, discrimination, to include sexual harassment, and training management.The EOA can help the unit leader’s by conducting Commander’s Training and Senior Enlisted Leader Training that thoroughly discuss all areas of treating fellow unit members with fairness, dignity and respect.

Equal Opportunity Representatives (EOR):

EORs are a vital part of the EO climate. EORs are assigned at the Battalion and Squadron levels, and are assigned to the billet for a minimum of one year, and attend indoctrination training, EOR Course training, and quarterly EO sustainment training provided by the local EOA. EORs assist commanders in establishing complaint procedures, reviewing complaints, assessing the command climate, and identifying and conducting equal opportunity training, including sexual harassment training. EORs provide EO training to all unit personnel and coordinate the training of additional instructors, if necessary.

Informal Resolution System (IRS):

Whenever possible, conflicts arising from offensive or unwelcome behavior should be resolved at the lowest possible level. The IRS is designed to address behaviors that could potentially become sexual harassment or behaviors which are inappropriate but do not constitute an offense under the UCMJ. The recipient is encouraged to confront the offender directly in person, in writing, or through an informal third-party. The third-party can be the supervisor, a co-worker, or someone outside of the workplace. The offender should be informed that the behavior is offensive or unwelcome and should be stopped. Another IRS alternative is for the offended person or the supervisor to request sexual harassment prevention training or resource materials to improve overall awareness in the workplace. Although this is an informal system, participants are encouraged to document what was said and when, in the event the behavior continues or repeats afterwards. Us of the IRS is encouraged but not required.

Sexual Harassment:

A form of sex discrimination that involves unwelcome sexual advances, request 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.
Submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person.
Such conduct has the purpose or effect of unreasonably interfering with an individuals work performance or creates an intimidating, hostile, or offensive working environment. Workplace 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 as 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 is engaging in sexual harassment. Similarly, any 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.