DEPARTMENT OF THE ARMY UNIT ADDRESS Office Symbol Date MEMORANDUM FOR SEE DISTRIBUTION SUBJECT: Equal Opportunity Program Standing Operating Procedure (SOP) 1. References: a. AR 600-20, dated 15 July 1999, Equal Opportunity Program in the Army. b. INSCOM Suppl 1 to AR 600-20, Equal Opportunity Program in the Army. c. EUSA Suppl 1 to AR 600-20, Equal Opportunity Program in the Army. d. TC 26-6, dated October 1994. e. DA Pamphlet 350-20, change 1, dated August 1993. 2. Applicability: Commanders at all levels must ensure that this SOP is implemented and maintained at all operating levels, and ensure that all personnel are aware of these policies, procedures, and programs. Subordinate unit SOP must conform to the policies and procedures provided herein. 3. Purpose: This SOP establishes policies, procedures and program guidance for administrative matters and staff actions, in support of the _________ under normal garrison operations. 4. Objectives: a. Formulate, direct, and sustain a comprehensive effort to maximize human potential and to ensure fair treatment of all persons based solely on merit, fitness, and capability in support of readiness, without regard to race, color, religion, national origin, or gender. b. Ensure maximum command involvement at each echelon of command by exercising positive, aggressive leadership in the implementation of the equal opportunity program within the _________. Office Symbol SUBJECT: Equal Opportunity Program Standing Operating Procedure (SOP) c. To provide equal opportunity for all military personnel, civilian employees, and their family members both on and off post and within the laws of localities, states, and host nations. d. Create and sustain effective units by eliminating discriminatory behaviors or practices that undermine teamwork, mutual respect, loyalty, and shared sacrifice of the men and women of America’s Army. 5. Responsibilities: The ____________ Equal Opportunity (EO) Program is the responsibility of every commander, supervisor, military member, and civilian employee. The success of the EO Program depends on the individual who must exhibit sincere and dedicated efforts toward every facet of brigade EO policies. Any deviation in this sincerity is readily noticed and serves only to compromise the program and deter the ____________ from its goal of true equality, fair treatment for all and mission accomplishment. 6. Brigade Equal Opportunity Advisor will: a. Understand and articulate the Department of Defense (DOD) and Army policies concerning equal opportunity. b. Assist the commander in implementing a Consideration of Others Program. c. Recognize and assess indicators of institutional and individual discrimination in organizations. d. Recognize sexual harassment in both overt and subtle forms. e. Recommend appropriate remedies to eliminate and prevent unlawful discrimination and sexual harassment. f. Continually assess the command climate through formal surveys, interviews and accessibility to the unit. g. Collect, organize, and interpret demographic data concerning all aspects of EO climate assessment. h. Assist commanders in assessing, planning, implementing, and evaluating the EO program. i. Prepare input for the Quarterly/Annual Narrative and Statistical Report Review (QNSR), which supports the Army’s Military Equal Opportunity Assessment (MEOA). j. Train unit EORs and institutional training course/service school instructors to assist commanders in meeting their EO responsibilities. OFFICE SYMBOL SUBJECT: Equal Opportunity Program Standing Operating Procedure (SOP) k. Organize or assist with training sessions that pertain to equal opportunity, unlawful discrimination, the Consideration of Others Program and the prevention of sexual harassment. l. Assist in evaluating the effectiveness of unit training conducted by commanders. m. Plan and conduct executive seminars for senior leadership on EO action planning and affirmation actions, equal opportunity, unlawful discrimination, the Consideration of Others Program, and the prevention of sexual harassment. n. Receive and assist in processing individual complaints of unlawful discrimination, sexual harassment, and conduct inquiries according to the commander’s guidance. o. Provide assistance to commanders and investigating officers in the investigation and resolution of unlawful discrimination and sexual harassment complaints. p. Review and comment on investigative reports of equal opportunity complaints for compliance with Department of Defense and Department of the Army policy and objectives. q. Conduct follow-up assessments of all formal EO complaints. r. Assist in the planning and conducting of ethnic observances/special commemorations, as outlined in Table 6-1, Encl. 5. s. Assist commanders in developing EO policy for their units. t. Maintain, where appropriate, informal liaison with community organization fostering civil rights. u. Conduct staff assistance visits to subordinate units. v. Conduct or attend Equal Opportunity coordination training at least once quarterly at installation level. 7. Equal Opportunity Representative (EOR): EORs assist commanders at the battalion-level and below in carrying out the EO program within their units. EORs serve a special duty at small unit levels. Typical roles and duties of EORs are as follows: a. Be a graduate of the 80-hour Equal Opportunity Representative Course (EORC). b. Assist commanders in the recognition of detractors from a healthy unit EO climate. OFFICE SYMBOL SUBJECT: Equal Opportunity Program Standing Operating Procedure (SOP) c. Continuously assist commanders in the conduct of unit climate assessments through formal surveys, interviews, and sensing sessions within the unit. d. Prepare and assist the commander in the conduct of EO training. e. Establish and maintain liaison with other EORs and with the EOA at higher headquarters. f. Assist commanders and assigned project officers in preparing and conducting ethnic observances and special commemorations. g. Conduct unit staff assistance visits in accordance with Command Inspection Checklist at Encl. 5. h. Assist complainants by REFERRING them to an appropriate agency for assistance. Complaints referred to another agency will be reported to the EOA. EORs may not conduct investigations and are not trained to fully advise AR 15-6 officers in the conduct of EO complaint investigations. Any commissioned officer that may be performing the additional duty of an EOR, may be asked (in the capacity of a commissioned officer and as a disinterested, third party) to conduct investigations. Yet, those situations should not concern EO complaints within their organization. i. Serves as a resource person for EO matters in the unit. j. Maintain files of all EO and Consideration of Others training, ethnic observances, complaints filed, inspection results, training schedules, and class attendance roster. k. Ensure that the unit bulletin board has current copies of DA Poster 600-4, phone numbers for Battalion EORs and Brigade EOA, Brigade/Battalion/Company policy letters covering the EO Program, Sexual Harassment, Consideration of Others, and Complaint Procedures in both English and Hangul. l. Battalion level EORs will provide a current updated roster to brigade (EO Office) of all EORs assigned to their respective units by the 5th working day following the last working day of each quarter. The roster will contain soldier’s rank, name, race, gender, duty phone number, Equal Opportunity Representative Course (EORC) date and DEROS. 8. Training Requirements: OFFICE SYMBOL SUBJECT: Equal Opportunity Program Standing Operating Procedure (SOP) a. Leaders will conduct mandatory EO/sexual harassment training quarterly. As a minimum, two of the quarters will consist of Prevention of Sexual Harassment training. Consideration of Others training will be conducted on a quarterly basis as well. One quarter’s COOP session will be designated as moral leadership training. This will be taught/facilitated by the Chaplain or his/her assistant. In the event there is no UMT team, moral leadership will be taught by the commander’s designee. Each area is mandatory and will include civilians, U.S. and Host Nation soldiers of all ranks. b. Commanders will document training on the unit-training schedule and lead the training. c. Commanders must include type of training, instructor, date, time, attendance rosters, and issues covered during the training session. From time to time, different issues will be of local or Army-wide importance and require special emphasis and attention by unit commanders. d. EO training will be interactive, discussion-based, and focus on these topics— (1) Objectives of the Army EO program. (2) Army and local command policies on EO, Prevention of Sexual Harassment, and Affirmative Action. (3) Objectives of Affirmative Action Plans (AAPs). (4) Behavioral characteristics and other indicators of EO problems - - what are and are not appropriate and acceptable behaviors leading to unit cohesion and teamwork. (5) The impact of individual and institutional discrimination on mission accomplishment. (6) Proper handling of EO complaints and the EO complaint system. (7) Identifying, dealing with, preventing, and eliminating racial and ethnic discrimination and sexual harassment. (8) Legal and administrative consequences of participating in acts of unlawful discrimination and sexual harassment. (9) The importance of honest and open interpersonal communications in promoting a healthy unit climate. (10) Unit climate assessment - what it is, what it is used for, what makes it important, and how it is done. OFFICE SYMBOL SUBJECT: Equal Opportunity Program Standing Operating Procedure (SOP) (11) Individual responsibilities of both males and females concerning equal opportunity and the prevention and eradication of sexual harassment: i.e., identifying inappropriate behaviors, handling complaints, developing techniques in dealing with sexual harassment, developing assertiveness skills, submitting complaints in the event the situation cannot be handled on-the-spot or one-on-one, and reporting incidents to the chain of command. (12) Review of actual unit climate assessment findings and amplification of issues raised. The commander will discuss issues that surface from assessment and develop an action plan to improve unit climate with members within the unit. (13) The chain of command (commander, first sergeant, civilian supervisors, and others) will be present and participate in unit EO training. (14) Brigade and Battalion elements will conduct EO prevention/ eradication of sexual harassment training (executive level seminars) twice a year. Training will be small groups, interactive and discussion-based. It should emphasize findings determined as a result of unit command climate assessment. (15) Each unit within the ____________ will conduct at least one hour of EO training per month. Commanders will ensure that at least 90% of the unit (including senior leaders) attends the training. (16) Mandatory EOR workshop will be conducted once a quarter. Current EO lesson plans will be used to conduct training. Lesson plans will be maintained on file. 9. Equal Opportunity Complaint Procedures: a. Complaint procedures (DA Poster 600-4) will be posted on unit bulletin board in both English and Hangul, see Encl. 2. b. Individual rights. Soldiers, family members, and DA civilians have the right to(1) Present a complaint to the command without fear of intimidation, reprisal, or harassment. (2) Communicate with the commander concerning their complaints. (3) Receive assistance when submitting a complaint. (4) Receive training on the Army’s Equal Opportunity complaint and appeals process. OFFICE SYMBOL SUBJECT: Equal Opportunity Program Standing Operating Procedure (SOP) c. Individual responsibility. Individuals are responsible for: (1) Advising the command of the specifics of sexual harassment and unlawful discrimination complaints and providing the command an opportunity to take appropriate action to rectify/resolve the issue. (2) Submitting only legitimate complaints and exercising caution against unfounded or reckless charges. d. While not required, it is recommended that the individual attempt to resolve a complaint by first informing the alleged offender that the behavior must stop. 10. EO/Sexual Harassment Complaint Processing System a. Informal complaint. (1) An informal complaint is any complaint that a soldier, family member or DA civilian does not wish to file in writing. Informal complaints may be resolved directly by the individual, with the help of another unit member, the commander or other person in the complaint's chain of command. An informal complaint is not subject to time suspense nor is it reportable. (2) Although, filing EO complaints through the unit chain of command is strongly encouraged, it will not serve as the only channel available to soldiers to resolve complaints, see Encl. 2. (3) The person or agency receiving the complaint may be able to resolve the issue while maintaining the confidentiality of the complainant, as in the case of the chaplain or a lawyer. Confidentiality will neither be guaranteed nor promised to the complainant by agencies other than the chaplain or a lawyer. (4) Any alternative agency that receives an informal complaint of unlawful discrimination or sexual harassment has the obligation to talk with the complainant. b. Formal complaint (1) A formal complaint is one that a complainant files in writing and swears to the accuracy of the information. Formal complaints require specific actions, are subject to timelines, and require documentation of the actions taken. (2) An individual files a formal complaint using a DA Form 7279-R. OFFICE SYMBOL SUBJECT: Equal Opportunity Program Standing Operating Procedure (SOP) (3) In Part I of DA Form 7279-R, the complainant will specify the alleged concern, provide the names of the parties involved and witnesses, describe the incident(s)/behavior(s), and indicate the date(s) of the occurrence(s). The complainant will also state the equal opportunity basis of the complaint (e.g., unlawful discrimination based upon race, color, religion, gender, or nation origin). Complainant will be advise of the importance of describing the incident(s) in as much detail as possible to assist in the investigative process. (4) Soldiers have 60 calendar days form the date of the alleged incident in which to file a formal complaint. If a complaint is received after 60 calendar days, the commander may conduct an investigation into the allegations or appoint an investigating officer IAW AR 600-20. The commander should consider the reason for the delay, the availability of witnesses, and whether a full and fair inquiry or investigation can be conducted. (5) The complainant should file his or her complaint with the commander at the lowest echelon of command. Depending on the various aspects of the complaint and individuals involved, that lowest level commander may not be the immediate company or even battalion level commander of the complainant. 11. Reporting Requirements: a. AR 600-20, and INSCOM/EUSA Supplement 1 to AR 600-20, requires all major Subordinate Commands to submit a Quarterly/Annual Narrative Statistical Report on discrimination, sexual harassment, and off post housing discrimination complaints. See summary of required reports at Encl. 3. b. All reports will be submitted with a Commander’s cover memorandum. The following form must be submitted in addition to the Commander’s memorandum, see Encl. 4. c. The following information will be reported on a Quarterly Narrative Statistical Report: Personnel Strength, Command Profile, EOR listing, Awards, Promotions, Reenlistment, UCMJ and Training Status to include Unit Assessments conducted during the reporting period. d. For the Annual Narrative Statistical Report the battalion EORs will report information required on EA Form 164-R and a complete summary of all complaints received throughout the year. 12. The proponent for this SOP is the Equal Opportunity Advisor, ____________, DSN: _____. OFFICE SYMBOL SUBJECT: Equal Opportunity Program Standing Operating Procedure (SOP) 6 Encls. 1. Command Climate Survey 2. DA Poster 600-4 3. Summary of Required Reports 4. Command Inspection Checklist 5. Table 6-1 6. Report Format DISTRIBUTION: Signature Block Command Climate Survey The Command Climate Survey must be used by company commanders within 90 days of assuming command, and annually thereafter. Company commanders can administer the survey more often and can use additional survey instruments in addition to the Command Climate Survey. However, it is required that the Command Climate Survey be administered at a minimum at the interval specified above. Use of the Command Climate Survey is voluntary for battalion commanders. A copy of the Command Climate Survey may be found at the end of this enclosure. A computerized version of the Command Climate Survey is locally produced on floppy disk at the Brigade EO Office. The computerized version of the survey will operate on PCs of 286 or better, and will tabulate results. The computerized version of the survey will enable commanders to add up to 7 additional questions. It is important that commanders personally introduce the survey, explain why it is important, and how the results will be used (i.e., to develop action plans and implement programs). It is also essential that, after receiving the results, the commander discusses them with his or her troops, and lets them know what actions and/or programs will be initiated. This is a good time to ask soldiers for clarification on any survey results that are unclear. Bear in mind however, that survey results are anonymous. When there are less than five females, example, do not split out results by gender. Confidentiality must be maintained. The role of the Equal Opportunity Advisor in this process is to discuss the results with the commander and aid the commander in developing an action plan. SEE COPY OF COMMAND CLIMATE SURVEY ATTACHED Enclosure 1 Summary of Required Reports Equal Opportunity Quarterly/Annual Narrative Statistical Report Due date 1st quarter report (Oct -Dec) is due to this headquarters by the fifth working day of Jan for that fiscal year. 2nd quarter report (Jan -Mar) is due to this headquarters by the fifth working day of Apr for that fiscal year. 3rd quarter report (Apr -Jun) is due to this headquarters by the fifth working day of Jul for that fiscal year. 4th quarter report (Jul -Sep) is due to this headquarters by the first working day of Oct for that fiscal year. COOP/HR Training report, due to this headquarters by the first working day of each month. NOTE: A training memorandum stating the type training conducted, percentage of E-6/below and E-7/above trained on EO/COOP, observances conducted and number of formal complaints must be signed by the brigade commander. This memo is due to EUSA EO Office on the 15th of the month following the quarters end month. Sexual Misconduct Report due date is the 10th of each Month From Bde To INSCOM. Enclosure 3 Fiscal Year 1998 Command Inspection Check List Equal Opportunity Program INSPECTION ITEM AND REFERENCE YES NO 1. Has the command developed, planned, and conducted annual ethnic observances consistent with published timetable? Has money been programmed? (AR 600-20) ___ ___ ___ ___ 2. Does the command emphasize maximum participation (enlisted and officers) in EO training program (AR 600-20 Para 6-14, 3) ___ ___ 3. Is the commander visibly involved in implementation of the EO Program? (AR 600-20 Para 6-14, 2) ___ ___ 4. Has the commander assessed the EO climate using the Military EO Climate Survey? (Within 3 months of assuming command, EUSA Suppl 1 to AR 600-20 Para 6-2 g, 12) ___ ___ 5. Does the unit have the following policy letters displayed on the unit bulletin board: EO Program , Sexual Harassment and Complaint Procedures? ___ ___ ___ ___ 6. Are commander policy letters written/ posted in both English and Hangul? ___ ___ 7. Does EO training, include but not limited to sexual harassment, and is it being conducted as required? (quarterly) (EUSA Suppl 1 to AR 600-20, Para 6-14) ___ ___ 8. Are attendance records for all EO training being properly maintained? (AR 600-20, 6-14, 2, EUSA Supp to AR 600-20 App D-5,c) ___ ___ 9. Are records for all formal EO complaints being properly maintained? (EUSA Suppl 1 to AR 600-20, AppE-11) ___ 10. Have actions been taken to increase sensitivity to and awareness of acts of sexual harassment? (AR 600-20, 7-2c) ___ ___ 11..Are promotions, non-judicial punishment, discharges, reenlistment, and awards, being administered equitably? (AR 600-20, IO4) ___ ___ 12. Has the commander taken any proactive measures to identify any acts of sexual harassment that soldiers may be reluctant to openly report? (If so what actions) ___ REMARKS (IAW EUSA Affirmative Action Plan, EUSA Suppl 1 to AR 600-20, App D2f) ___ ___ 13. Is there an effective EO off-post housing information program? (AR 210-50, 6-5c) ___ ___ 14. Are off-post establishments monitored to ensure that soldiers, DOD civilians, and family members are not discriminated against or harassed? (AR 600-20, 6-7a ___ ___ 15 Have classes on Korean culture and customs been included as a part of EO training? And is it on unit training schedule? (EUSA Suppl 1 to AR 600-20, 6-17j) ___ ___ 16. Is EO training on the KATUSA Program being conducted as required? (EUSA Reg 600-2, 1-14) ___ ___ 17. Are KATUSA soldiers participating in unit EO training? (EUSA Suppl 1 to AR 600-20, 6-14a2) ___ ___ 18. Are KATUSA soldiers being placed in leadership positions commensurate with their rank? (EUSA Reg 600-2, Ch 2) ___ ___ 19. Are KATUSA and U.S. soldiers integrated in barracks rooms? (EUSA Reg 600-2, 1-10f3) ___ ___ 20. Are KATUSA soldiers integrated into the unit and provided messing, duty assignments, use of day rooms, equipment, and other facilities equally with their US counterparts? (EUSA Reg 600-2, 1-10f1) ___ ___ 21. Are KATUSA soldiers being provided personnel services? (Awards) (EUSA Reg 600-2, Ch 4) ___ ___ 22. Are KATUSA soldiers being provided leave time, passes and holidays? (EUSA Reg 600-2, Ch 4) ___ ___ 23. Are EO personnel provided adequate facilities to conduct interviews? (EUSA Suppl 1 to AR 600-20, App D-4c) ___ ___ 24. Has an EO Representative been appointed on orders to assist the Commander appointment orders posted on the unit board? (AR 600-20, 6-6f) ___ ___ 25. Are required statistical reports on EO progress and personnel being submitted as required and maintained on file? (AR 600-20, 6-16) ___ ___ 26. Are sensing sessions or surveys being conducted to assess the EO climate within the command? (AR 600-20, 6-14c4) ___ ___ 27. Is commander conducting Command Climate Survey as required by Brigade SOP and higher headquarters? ___ ___ a. AR 600-20, Interim Change 4 (EUSA Suppl 1 to AR 600-20,6-14, App a) ___ ___ b. EUSA Reg 600-2 (EUSA Suppl 1 to AR 600-20,6-14, App a) ___ ___ c. EUSA Supplement 1 to AR 600-20 (EUSA CG/HRD EO) ___ ___ d. AR-27-3 Legal Assistance ((EUSA Suppl 1 to AR 600-20,6-14, App a) ___ ___ e. AR-210-50 Housing Management (EUSA Suppl 1 to AR 600-20,D-3a) ___ ___ f. DA Pam 350-20 Unit EO Guide (AR 600-20, 6-14a1) ___ ___ g. DA Pam 600-26 Department of the Army Affirmative Action Plan ___ ___ h. DA Pam 600-69 Unit Climate Profile Commander’s Handbook ___ ___ i. TC 26-6 Commander’s EO Handbook (AR 600-20, 6-14a1) ___ ___ 28. Are the following regulations on hand? Table 6-1 Special/Ethnic Observances Timetable Month: January Dates: 3d Monday Observance: Martin Luther King, Jr., Birthday Authority/Comment: Public Law 98-144, Nov 83 (Federal Holiday) Month: February Dates: 1 – 28 /29 Observance: African-American/Black History Month Authority/Comment: First Presidential Proclamation, Feb 76 Month: March Dates: 1 - 31 Observance: Women’s History Month Authority/Comment: Public Law 100-9, Mar 87 Month: April/May Dates: Sunday to Sunday for Week incorporating Yom Hashoah Observance: “Days of Remembrance” for Victims of the Holocaust Authority/Comment: Public Law 96-388, Oct 80 Month: May Dates: 1 – 31 Observance: Asian Pacific Heritage Month Authority/Comment: First Presidential Proclamation, May 91 Month: August Dates: 26 Observance: Women’s Equality day Authority/Comment: First Presidential Proclamation, Aug 73 Month: September/October Dates: 15 Sep – 15 Oct Observance: National Hispanic Heritage Month Authority/Comment: Public Law 100-402, Aug 88 Month: November Dates: 1 – 30 Observance: National Native American Indian Heritage Month Authority/Comment: Public Law 102-188, Mar 92 Enclosure 5