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
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
Viewgraph #22-2
HOSTILE ENVIRONMENT
 Offensive
 Unwanted
 Unsolicited comments and/or
behaviors of a sexual nature
Viewgraph #22-3
RELATED ELEMENTS OF
SEXUAL HARASSMENT
 IMPACT vs INTENT
 Reasonable person standard
Viewgraph #22-4
SEXUAL HARASSMENT
BEHAVIORS
 Verbal comments
 Nonverbal gestures
 Physical contact
Viewgraph #22-5
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?
Viewgraph #22-6
VICTIM IMPACT
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Viewgraph #22-7
Interferes with work performance
Creates a hostile environment
Stress
Fear and anxiety (quid pro quo)
Less productive
TECHNIQUES TO DEAL
WITH SEXUAL HARASSMENT
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Viewgraph #22-8
Direct approach
Indirect approach
Third party
A letter or memorandum
Chain of command
File a formal complaint
REPERCUSSIONS OF
SEXUAL HARASSMENT
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Viewgraph #22-9
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
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
Viewgraph #22-10
ARMY TRAINING
PREVENTION OF
SEXUAL HARASSMENT
VIDEO
LEVEL 1
VIDEO SLIDE # 1
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
POSH VIDEO
TRAINING OBJECTIVES (Con’t)
You Will Learn:
How To Prevent Sexual Harassment
Informal Resolution Techniques
Sanctions And Laws
VIDEO SLIDE # 3
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
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
EXAMPLES OF SEXUAL
HARASSMENT
Verbal:
oProfanity, off-color jokes
oSexual comments, threats
oWhistling, barking, grunts, growling, etc.
oPassing rumors of sexual acts or involvement
VIDEO SLIDE #6
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
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
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
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
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
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
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
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
ADVICE
Victim of sexual harassment?
Contact your post's Equal Opportunity Advisor
or,
Call the Equal Opportunity Sexual Harassment
Hotline
VIDEO SLIDE #15
SELF-COPING MECHANISMS
Denial
Blaming Oneself
Joking
Avoidance
Confrontation
VIDEO SLIDE #16
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
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
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
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
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
LEGAL SANCTIONS
OFFENSE
Making Sexual Comments
Or Gestures
UCMJ ARTICLE
Art 89: Disrespect Toward
Superior Officer,
Art 91: Insubordinate Conduct
Towards A WO Or NCO,
Art 117: Provoking Speech
And Gestures,
Art 134: Indecent Language,
Offering Rewards For
Sexual Behaviors
Art 134: Bribery And Graft
VIDEO SLIDE #22
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
Sexual Harassment
Behaviors
Art 92: Failure To Obey An
Order Or Regulation
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
ADMINISTRATIVE SANCTIONS
Counseling
Bar To Reenlistment
Relief For Cause
Negative Performance Evaluation
VIDEO SLIDE #25
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
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: 1-800-424-9098
OCONUS: (703) 604-8569
VIDEO SLIDE #27
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
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
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
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
TRAINING SESSION # 1
The following was covered:
Effect of sexual harassment on individual performance
Four questions
Unwelcome
Reasonable person standard
VIDEO SLIDE #32
TRAINING SESSION # 1
The following was covered:
Sex vs. Power
Intent vs. Impact
For advice, contact EOA or EO/SH hotline
VIDEO SLIDE #33
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
TRAINING SESSION # 2
The following was covered:
Definition Of Reprisal
Military Whistleblower Protection Directive
VIDEO SLIDE #35
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