PREVENTION OF SEXUAL

HARASSMENT
(POSH)

CW2 R. Mandell
 DEFINITION OF SEXUAL
HARASSMENT

A form of sex discrimination that involves unwelcomed sexual

advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature when:

• Submission to or rejection of 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 by a person 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 performance or creates an intimidating, hostile, or
offensive working environment
 CATEGORIES OF SEXUAL
HARASSMENT

• Quid Pro Quo

• Hostile Environment
 QUID PRO QUO

• Latin term meaning “this for that”

• Placing conditions on a person’s job or terms of

employment in return for sexual favors

• Making promises of career advancement,

promotions, or other benefits in exchange for
sexual favors
 HOSTILE ENVIRONMENT

• Offensive, unwanted, and unsolicited

comments and behaviors of a sexual nature

• Most prevalent form of sexual harassment

in the Army
 IMPACT vs INTENT

• Assessment of behavior is a leadership

responsibility

• Behavior assessed from perspective of the

victim, not the alleged harasser

• Emotional effect or willingness to submit is not

relevant

• Relevant question - was the behavior

appropriate or inappropriate
 REASONABLE PERSON
STANDARD

Ask the question:

• How would a reasonable person under similar

circumstances react or be affected by such behavior?

• Men and women can watch the same behavior, but

have very different perspectives about what they saw
and how they feel
 SEXUAL HARASSMENT
BEHAVIORS

• Verbal comments

• Nonverbal gestures

• Printed materials

• Physical contact
 VERBAL COMMENTS

• Sexual jokes or profanity/ jody calls

• Verbal threats
• Barking, growling, whistling, etc.
• Describing sexual attitudes of one’s physical
appearance or attributes
• Remarks linking to threat of job
• Personal inquiries unrelated to work
• Referring to co-workers as “honey”, “baby”,
“dear”, “sweetheart”
 NONVERBAL GESTURES

• Staring at someone
• Blowing kisses
• Winking
• Licking one’s lips in a suggestive manner
• Ashtrays, coffee cups, figurines
• Manipulation of parts of the anatomy or clothing
(adjusting zipper, bra straps, or lowering pants to
tuck in shirt)
 PRINTED MATERIALS
(Sexually Oriented)

• Notes, letters, faxes, computer e-mail

• Bumper stickers, cartoons, posters, pictures

• Calendar, pin-ups, quotations

 PHYSICAL CONTACT

• Touching, patting, hugging

• Pinching, grabbing, cornering, kissing

• Blocking a passageway

• Providing unsolicited back or neck rubs

• Unsolicited adjusting of a person’s clothing

 LEADER’S RESPONSIBILITY

• Ensuring the environment is safe and clean

• Training subordinates to behave appropriately

• Maintaining a climate of openness and mutual trust

 IMPACT OF SEXUAL
HARASSMENT

• Interferes with victim’s work performance

• Creates unreasonable stress in the work place

• Puts high levels of fear and anxiety in the work place

• Negative impact on mission accomplishment

 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?
 TECHNIQUES TO DEAL WITH SEXUAL
HARASSMENT

• Direct approach - confront the harasser

• Indirect approach - write a letter

• Third party

• Chain of command

• File a formal complaint

 REPERCUSSIONS OF SEXUAL
HARASSMENT

• Mandatory counseling
• Additional training
• Denial of certain privileges
• Rehabilitative transfer
• Letter of admonishment/reprimand
• Relief for cause
• Adverse performance evaluation
• Bar to reenlistment
• Separation
 STRATEGIES TO COMBAT
SEXUAL HARASSMENT

• Be proactive
• Keep soldiers/civilians informed and educated
• Conduct training
• Outline procedures and policies
• Be familiar with regulations and policies
• A readily available system
• Treat all complaints seriously
• Reduce fears of reprisal or intimidation
 BOTTOM LINE

• Sexual harassment disrupts unit cohesion

• Prevention is the key to success
• Must be reported before action can be taken
• Leaders set the example by correcting behavior

IF YOU DO NOTHING, MOST

LIKELY NOTHING WILL BE
DONE.
 Make an informal complaint.
EO COMPLAINT PROCESS
EO Complaint Process
Report inappropriate
Behavior without initiating a
Full investigation. This may If you are the Call the Equal
Be appropriate for minor Opportunity Office
Infractions, where the
complainant
complainant simply wants
To clarify whether
the behavior to stop. An incident or
Behavior qualifies as
An EO complaint/
Sexual harassment

If behavior File a formal written complaint (DA Form 7279-R) with any
373-7955
persist of the following personnel or agencies. Complaints should
411th BSB, EO Office
be filed within 60 days of the incident—those filed after 60
days may be pursued at commander’s discretion IAW AR 600-20.

Equal (CHRRS) Judge Military Police

Chain of Inspector Medical
Opportunity Housing Advocate Or Criminal Chaplain
Command General Agency
Advisor Referral General Investigator

3 Days Complaints filed with outside agencies, except those filed with the IG, must be acted upon within three calendar days. Complaints
filed with an agency against a member of the chain of command will be referred to the next higher commander in the chain.

14 Days The commander or the investigating officer appointed by the commander has 14 calendar days to investigate the allegations. The commander
must meet with the complainant and the alleged perpetrator to discuss the outcome and results. A 30-day extension may be granted from the
next higher commander if circumstances require it. Further extensions can be approved only by the first general officer in the chain of
command.

7 Days The complainant and the alleged perpetrator have seven calendar days to appeal to the next higher commander if he or she is
dissatisfied with the investigation results. The commander has 14 days to complete the investigation. Final decision on complaints
rest with the Genera-Court Martial Convening Authority.

30-45 Days 30 to 45 days after the final decision on the complaint, a follow up assessment is conducted by the EOA on all formal EO complaints
(substantiated or non-substantiated). A report and recommendation are submitted to the commander who authorized the investigation.
QUESTIONS?