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Prevention of Sexual Harassment

Army Policy on Sexual Harassment, Types of Sexual Harassment, Impact on Personal and Unit performance

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PREVENTION OF SEXUAL
HARASSMENT

TRUE OF FALSE?

Sexual harassment can only occur in the work place.

Women can not be guilty of sexual harassment.

Only those in leadership positions can initiate sexual harassment.

Touching other individuals should be avoided.

TRUE OF FALSE?

As long as you don't say anything sexually suggestive to someone, or physically touch them, it is all right to look at them all you want.

You keep sexually explicit pictures in your space at work. Someone complains about them. If you do not remove them, you could be guilty of sexual harassment.

TRUE OF FALSE?

(F) Sexual harassment can take place anywhere. It is wrong no matter where it occurs.

(F) Women can harass men. If a person uses sex to create a hostile environment, it is sexual harassment.

TRUE OF FALSE?

(F) It is true that sexual harassment is often initiated by those in a position of power. However, it can also be initiated by peers and other persons not in your chain of command and can lead to a hostile environment.

TRUE OF FALSE?

(F) One look says a thousand words. It is possible to make someone feel very uncomfortable by just leering at them. A leer filled with unwanted sexual advances can be just as upsetting as a suggestive comment or unwanted touch.

TRUE OF FALSE?

(T) Sexually explicit material can create a hostile environment for others. If your fellow soldiers are offended by the material, it is considered a form of sexual harassment.

TRAINING OBJECTIVES

You will learn:

Army Policy on Sexual

Harassment

Types of Sexual Harassment

Impact on Personal and Unit

performance

How to Recognize Sexual

Harassment

How to Prevent Sexual

Harassment

Informal Resolution

Techniques

Sanctions and Laws

DEFINITION

A form of sex discrimination that involve UNWELCOME Sexual Advances, Requests for Sexual favors, and other Verbal, Nonverbal, or Physical conduct of a sexual nature, when:

DEFINITION

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,

DEFINITION

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.

DEFINITION

The definition of Sexual Harassment Emphasizes that 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 Severe or Perceive, and the victim does Perceive, the work environment as Hostile or Offensive.

DEFINITION

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, Nonverbal Gestures, or Physical conduct of a Sexual Nature in the Workplace is also engaging in Sexual Harassment

EXAMPLE OF SEXUAL HARASSMENT

VERBAL:

Profanity, off-color Jokes

Sexual Comments, Threats

Whistling, Barking, Grunts,

Growling, Etc...

Passing Rumor of Sexual Acts

or Involvement.

EXAMPLE OF SEXUAL HARASSMENT

Non-Verbal:

Leering, Winking

Licking Lips, Displaying /

Giving Sexually Suggestive Pictures or Cartoons

EXAMPLE OF SEXUAL HARASSMENT

Physical:

Stroking, Grabbing, Patting,

Hugging, Pinching Provocatively Posing

Cornering or Blocking a Passageway

Adjusting Someone's Clothing

without Permission.

TWO TYPES:

1. " QUID PRO QUO"

2. HOSTILE ENVIRONMENT

TYPES OF SEXUAL HARASSMENT

TYPES OF SEXUAL HARASSMENT

Hostile Environment

Offensive

Unwanted

Unsolicited comments and behaviors of a sexual nature

OTHER ELEMENTS...

Impact vs Intent

Reasonable

Person Standard

Assessing whether the behavior is appropriate or offensive must be done from the perspective of the recipient, not the alleged harasser.

REASONABLE PERSON STANDARD..

How would a reasonable man/woman under similar circumstances react or be affected by such behavior?

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

REASONABLE PERSON STANDARD

The "Reasonable Person Standard" Is used by Commanders and the Courts to judge whether the Conduct was Sexual Harassment.

FORMS OF SEXUAL HARASSMENT

Senior-subordinate abuse

Verbal abuse

Indecent acts and gestures

Displaying offensive cartoons or pictures

Repeated unwelcome comments or gestures

Letters, phone calls, or other forms of solicitation

Creating an intimidating or hostile environment

IMPACT OF SEXUAL HARASSMENT

On the individual

Anger, stress, reduced performance, absenteeism caused by avoidance, loss of self-esteem

On the unit

Loss of cohesion, low morale, undermines readiness

On the mission

Distracts from accomplishment and could cost lives

COPING MECHANISMS

Denial

Victim writes incident off as if it did not take place

Rationalization

Victim excuses behavior of harasser

Victim jokes about behavior

Avoidance (of environment; of harasser)

Illness, AWOL, absenteeism

When Do Request for dates Constitute Sexual Harassment?

When It Is Unwelcome

What Constitutes Unwelcome?

Repeatedly Hearing "NO" as an Answer

What Constitutes NO?

PUNISHABLE BY:

PUNISHABLE BY:

Influencing or Threatening The Career, Pay or Job of another person in exchange for Sexual Favor.

Article 93: Cruelty and Maltreatment

PUNISHABLE BY:

Making Unsolicited or Unwelcome Sexual Contact with intent to Gratify lust or Sexual Desire

Article 134: Indecent Assault

PUNISHABLE BY:

Threatening the career, Job or Salary of a person Unless He or She "Cooperates"

Article 127: Extortion

Article 134: Communicating a Threat

PUNISHABLE BY:

PUNISHABLE BY:

Engaging in or Condoning Sexual

Harassment Behavior

Article 92: Failure to obey an order or Regulation

Article 133: Conduct Unbecoming an Officer

Article 77: Violating Principle

Counseling

Reassignment

Oral or written reprimand

Adverse NCOER/OER

Bar to reenlistment

Relief of duty

Administrative separation

UCMJ action

REPRISAL

Threat 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 or those in a Supervisory Position.

WHISTLEBLOWER PROTECTION

Soldiers cannot be Reprised against for filing a Complaint of Sexual Harassment or Unlawful Discrimination

Soldiers must submit their Complaint to DOD Inspector General for Investigation

SUMMARY

Army Policy On Sexual Harassment

Types Of Sexual Harassment

Impact Of Personal And Unit Performance

Summary

Recognizing Sexual Harassment

Preventing Sexual Harassment

Informal / Formal Resolution Techniques

Sanctions And Laws