Sexual HarassmentAssault Response Prevention SHARP Program Annual Refresher

Sexual Harassment/Assault Response & Prevention (SHARP) Program Annual Refresher Training V 11. 1

CSA SHARP Video Download video at: https: //atn. army. mil/getattachment/SHARP-Training/CSA_Segment. mp 4 2

Terminal Learning Objective Action Demonstrate Behavior Consistent with the Army's Sexual Harassment/Assault Response and Prevention (SHARP) Program. Conditions In a classroom environment with facilitated group discussions, student handouts, and optional scenarios involving sexual harassment and sexual assault IAW the Army’s SHARP Policy and in compliance with the Sexual Assault Prevention and Response (SAPR) Core Competencies. The student will complete SHARP Annual Refresher Training ensuring compliance with Army policy. Students will have met the standard when they demonstrate behavior consistent with the Army's SHARP program by participating in the following activities: Standards • • Describe the impact of sexual harassment and sexual assault on the Army Discuss sexual harassment and possible punishment Discuss sexual assault, consent, possible punishment, and risk reduction strategies Describe sexual assault reporting options Discuss sexual assault victims' rights (confidentiality, expedited transfer, protective orders, Special Victims Counsel) Define the Army's policy on retaliation Describe online misconduct and social media guidance Describe the bystander intervention process 3

Warning We will be discussing sexual harassment and sexual assault using language, themes, and scenarios that could traumatize some attendees. 4

Agenda In this lesson, we will: • Discuss sexual assault victims' • Describe the impact of sexual rights (confidentiality, expedited harassment and sexual assault on transfer, protective orders) the Army • Define the Army's policy on • Discuss sexual harassment and retaliation possible punishment • Discuss sexual assault, consent, • Describe online misconduct and social media guidance possible punishment, and risk reduction strategies • Describe the bystander intervention process • Describe sexual assault reporting options 5

The Impact COMMUNITY Higher Rates of Instability Violent Crime Degradation Diminishes to Community Relations Disrupts Good Order Loss of And Discipline Safety Loss of Unit Undermines Cohesion and Readiness Teamwork Loss of Personnel Low UNIT Morale INDIVIDUAL Self Blame Individual Isolation Avoidance Anxiety Fear Depression Anger Less Reduction in Productive Performance Bottom Line: Sexual harassment and sexual assault can devastate individuals, units, and communities and threaten the Army’s mission. 6

FY 13 -17 Sexual Assault Reports 3000 Total: 2606 2500 Total: 2706 Total: 2516 Total: 2497 2199 2046 1996 318 407 470 501 528 FY 13 FY 14 FY 15 FY 16 FY 17 Total: 2335 All Victims 2000 Number of Reports (Includes all reports of sexual assault in which either the subject or the victim is a Service Member) 1500 2017 2178 1000 500 0 Source: Department of Defense Fiscal Year 2017 Annual Report on Sexual Assault in the Military, Enclosure 1: Department of the Army; April 30, 2018 Restricted Reports Unrestricted Reports 7

FY 13 -17 Sexual Harassment Complaints • FY 13 depicts both substantiated and unsubstantiated complaints while FY 14 – FY 17 depicts substantiated complaints only. Source: Department of the Army annual reports on sexual harassment 8

SH/SA Continuum – Impacts on Readiness Sexual harassment/assault reduces a unit’s overall mission readiness by destroying trust, teams, and unit cohesion Healthy Work Environment Engaged Leadership Army Values Good Order & Discipline Dignity & Respect Ethical Standards Accountability Safe Environment Warrior Ethos Civilian Creed Early Warning Signs Sexual Excessive Flirting Harassment Sexual Toxic Atmosphere Inappropriate Jokes / Comments Assault Disparaging Comments on Social Media Inappropriate Work Relationships Sending Unsolicited Naked Pictures Unsolicited Touching Unsolicited Kissing Sexting Indecent Exposure Cat Calls Rape Indecent Viewing Sexual Innuendo Bullying Forcible Sodomy Cornering Blocking Stalking Abusive Sexual Contact Sexually Oriented Cadence Hazing Aggravated Sexual Contact Unsolicited Sexually Explicit Text/Email Leader Engagements & Intervention Opportunities Occur Throughout the Continuum Report Incidents of Sexual Harassment/Assault to a SARC / VA 9

Definition of Sexual Harassment 1) Conduct that: A. involves unwelcome sexual advances, requests for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature when: i. Submission to such conduct is made either explicitly or implicitly a term or condition of a person's job, pay, or career; ii. Submission to, or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person; or iii. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive environment; and B. is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive. 2) Any use or condonation, by any person in a supervisory or command position, of any form of sexual behavior to control, influence, or affect the career, pay, or job of a member of the armed forces or a civilian employee of the Department of Defense. 3) Any deliberate or repeated unwelcome verbal comment or gesture of a sexual nature by any member of the armed forces or civilian employee of the Department of Defense. USC Title X, Section 1561; NDAA FY 17 10

Army Policy on Sexual Harassment • Unacceptable and will not be tolerated • Destroys teamwork and negatively affects combat readiness • Army leadership: o Must create an environment conducive for productivity and respect o Set the standard to Soldiers and DA Civilians to follow • A successful mission is achieved in an environment free of sexual harassment • Prevention is the responsibility of every Soldier, DA Civilian, and AR 600 -20, Ch 7 family member 6 November 2014 11

Sexual Harassment Policy Military • • Policy applies on/off the installation - 24/7 Military complainants do not have the right to sue the offender Complainants are encouraged to confront subject/offenders Army policy does not require complainants of sexual harassment to confront the subject/offender File formal complaints with the brigade level SARC or higher Soldiers have 60 calendar days to file a formal complaint Family members are eligible to file complaints AR 600 -20, 6 November 2014 Appendix C Harassment based on sexual orientation is an EO issue, but sexual harassment is a SHARP issue regardless of orientation. 12

Sexual Harassment Policy DA Civilians • DA Civilian complainants have the right to pursue administrative remedies through the Equal Employment Opportunity (EEO) complaint process. • DA Civilian complainants have the right to sue • Complainants are encouraged to confront subject/offender • Army policy does not require complainants of sexual harassment to confront the subject/offender. • Claims of sexual harassment: o May be raised to Command and/or EEO personnel o Must contact the EEO Office within 45 calendar days to initiate the complaint process (Command/Supervisor notification does not count toward the 45 -day time limit) • Refer to AR 690 -600, Equal Employment Opportunity Discrimination Complaints • Civilians are protected from retaliation (reprisal) for their EEO activity under federal law 13

Categories of Sexual Harassment Verbal • Telling sexual jokes • Using sexually explicit profanity or threats, sexually oriented cadences, or sexual comments • • • Nonverbal Physical Contact • Staring at someone, “undressing someone with one’s eyes, ” blowing kisses, winking, or licking one’s lips in a suggestive manner • Touching, patting, pinching, bumping, or grabbing • Cornering or blocking a passageway • Providing unsolicited back or neck rubs • Kissing Whistling in a sexually suggestive manner • Displaying inappropriate printed material (e. g. , sexually oriented pictures or cartoons) Describing certain attributes of one’s physical appearance in a sexual manner • Using sexually oriented screen savers on one’s computer Using terms of endearment such as “honey, ” “sweetheart, ” “stud, ” or “hunk” • Sending sexually oriented text, notes, letters, faxes, or e-mails • Posting sexually oriented comments or images to social media 14

Types of Sexual Harassment AR 600 -20 outlines two types of sexual harassment: Quid Pro Quo Hostile Environment Remember, a third party – not just the object of the attention – can also view behaviors as sexually harassing! 15

Quid Pro Quo • Demanding sexual favors in exchange for a promotion, award, or favorable assignment • Disciplining or relieving a subordinate who refuses sexual advances • Threatening a poor job evaluation for refusing sexual advances • Incidents of quid pro quo sexual harassment may also have a harassing effect on third persons 16

Hostile Environment • Using derogatory, gender-biased terms • Making comments about body parts • Displaying sexually suggestive pictures • Telling sexually explicit jokes • Unwanted touching 17

Sexual Harassment Checklist Is the behavior sexual in nature? Is the behavior unwelcomed? Would a reasonable person find the behavior inappropriate? Does one or more of the following exist? Power, control, or influence Hostile or offensive environment 18

Responses to Sexual Harassment • Anonymous complaint - Encourages the reporting of incidents while maintaining anonymity • Direct approach − Confront the harasser and inform the person that the behavior is not appreciated or welcomed and that it must stop − Focus on behavior and its impact—offer behavior-centered feedback • Third-party − Ask someone else to talk to the harasser, to accompany the complainant, or to intervene on behalf of the complainant to resolve the conflict • Chain of command − Report the behavior to your immediate supervisor, or others in the chain of command, and ask for assistance in resolving the situation • File a formal complaint − Filed in writing using DA Form 7279, CDR is notified, and requires a reprisal plan − Civilians may file an EEO compliant IAW AR 690 -600 AR 600 -20, Ch 7 & Ch 6 -9, 6 Nov 2014 Do. DI 1020. 03, Para 1. 1 & 4. 6, 8 Feb 2018 19

Sexual Harassment Complaint Check for Military Description Formal Complaint Informal Complaint Subject to timelines and filed in writing (DA 7279) Not filed in writing Requires an official investigation Requires a reprisal plan 20

Administrative and UCMJ Sexual Harassment Penalties Admin Penalties Mandatory counseling Discharge from service Bar to re-enlistment Adverse performance evaluations Relief for cause Administrative reduction UCMJ Penalties Offense Article Maximum Penalties Violation of a General Regulation 92 Dishonorable Discharge (DD), 2 years confinement, and forfeiture of all pay and allowances Cruelty and Maltreatment of Subordinate 93 Dishonorable Discharge, 1 yr confinement, and forfeiture of all pay and allowances Provoking Speeches or Gestures 117 6 months confinement and forfeiture of 2/3 of pay for 6 months Indecent Language 134 BCD, 6 months confinement, and forfeiture of all pay and allowances Admonition Reprimand Admin withholding of privileges Rehabilitative transfer to another unit 21

DA Civilian Punitive Discipline Adverse Actions Removal Suspension Reduction in Grade Reduction in Pay Furlough Sexual Harassment Offenses Nature of Offense First Offense Second Offense Third Offense Involving a subordinate 1 day suspension to removal 10 day suspension to removal 30 day suspension to removal 22

Sexual Harassment vs. Sexual Assault Sexual harassment/assault reduces a unit’s overall mission readiness by destroying trust, teams, and unit cohesion Healthy Work Environment Engaged Leadership Army Values Good Order & Discipline Dignity & Respect Ethical Standards Accountability Safe Environment Warrior Ethos Early Warning Signs Sexual Harassment Excessive Flirting Sexual Toxic Atmosphere Inappropriate Jokes / Comments Assault Disparaging Comments on Social Media Inappropriate Work Relationships Sending Unsolicited Naked Pictures Unsolicited Touching Unsolicited Kissing Sexting Indecent Exposure Cat Calls Rape Indecent Viewing Sexual Innuendo Bullying Forcible Sodomy Cornering Blocking Stalking Abusive Sexual Contact Sexually Oriented Cadence Hazing Aggravated Sexual Contact Unsolicited Sexually Explicit Text/Email Leader Engagements & Intervention Opportunities Occur Throughout the Continuum Report Incidents of Sexual Harassment/Assault to a SARC / VA 23

What is Sexual Assault? • Sexual assault is a crime. • Sexual assault is defined as: Intentional sexual contact characterized by the use of force, threats, intimidation or abuse of authority or when the victim does not or cannot consent. • The term includes a broad category of sexual offenses of the following specific UCMJ offenses: rape, sexual assault, aggravated sexual contact, abusive sexual contact, forcible sodomy or attempts to commit these offenses. Do. DI 6495. 02, Change 3 24

Army Policy on Sexual Assault • Sexual assault is a criminal offense. • Sexual assault degrades mission readiness. • Every Soldier who is aware of a sexual assault should immediately (within 24 hours) report incidents. • Sexual assault is punishable under laws: • Soldiers (UCMJ), DA Civilians (Federal/State) • Those who commit sexual assault offenses will be held appropriately accountable. • All victims of sexual assault will be treated with dignity, fairness, and respect. • This policy applies to both on and off post, duty and non-duty hrs. AR 600 -20, Ch 8, 6 November 2014 25

Definition of Consent What is Consent? IAW Do. DD 6495. 01 “A freely given agreement to the conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the use of force, threat of force, or placing another person in fear does not constitute consent”. 26

Definition of Consent (cont) What is Consent? IAW Do. DD 6495. 01 A current or previous dating or social or sexual relationship by itself, or the manner of dress of the person involved with the accused in the conduct at issue, shall not constitute consent. A sleeping, unconscious, or incompetent person cannot consent. ” 27

Definition of Sexual Assault This is Not Consent, it is Sexual Assault Pg IV-68 Article 120(b)(2) and (3), UCMJ: Sexual Assault A person who commits a sexual act upon another person: when the person knows or reasonably should know that the other person is asleep , unconscious, or otherwise unaware that the sexual act is occurring; or when the other person is incapable of consenting to the sexual act due to— (A) impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the person; or (B) a mental disease or defect, or physical disability, and that condition is known or reasonably should be known by the person is guilty of sexual assault. 28

Risk Reduction Strategies • Don’t Abuse Alcohol – Responsible Drinking • Don’t Leave Drinks Unattended • Do Not Accept a Drink From a Stranger. • Communicate Your Boundaries • Travel with a Friend or Group • You Have the Right to Say “No” • Don’t Allow Yourself to be Isolated • When You Sense Danger, Flee Caution: Be mindful NOT to blame the victim. 29

Restricted vs. Unrestricted Reporting Restricted Report Unrestricted Report Benefits • • • Access to medical, advocacy, legal, and counseling services Receive the Sexual Assault Forensic Examination (SAFE) Control the release of personal information Can change to Unrestricted Report at any time Special Victims’ Counsel • • Access to medical, advocacy, legal, and counseling services Receive the SAFE Alleged offender may be held accountable Command support Can receive protective order (Military Protective Order [MPO] or Civilian Protective Order [CPO]) Limitations • • • The alleged offender will not be held accountable Ineligible for expedited transfer or reassignment No command support Cannot receive a protective order • • More people will know about the sexual assault Investigation may be intrusive and difficult Cannot change to Restricted Report 30

Restricted vs. Unrestricted Reporting Restricted Report Unrestricted Report Who can accept a report: • • • Commander CID JAG IG • • • SARC VA Healthcare Personnel • • Sexual Assault Response Coordinator (SARC) SAPR Victim Advocate (VA) Healthcare Personnel Limitations • • Chaplains – cannot file a report, but information shared remains confidential • More people will know about the sexual assault Investigation may be intrusive and difficult • Cannot change to Restricted Report 31

Reporting Options Who do you report to if the Victim feels uncomfortable because the Alleged Offender is the Commander or in the Victim’s Chain of Command, to include the NCO Support Channel? Answer: If the reported offender is in the victim’s chain of command or NCO Support Channel, the victim can report to law enforcement directly, go outside of the chain of command to a SARC or VA from another unit, or report the offense to a higher command. Victims can also seek assistance from the Do. D Safe Helpline. 32

Army Civilian Sexual Assault Reporting / Resources SARC/VA DD 2910 Emergency Medical Care @ MTF Chaplain Special Victim Counsel CONUS Army Civilian who is a SM’s dependent 18 years old and older X X X 3 Army Civilian’s dependents 18 years old and older X 4 X Contractor X X OCONUS Army Civilian X 1 X 2 X X X 3 Army Civilian who is a SM’s dependent 18 years old and older X X X Army Civilian’s dependents 18 years old and older X 1 X 2 X X X 3 Contractor X 1 X 2 X X X 3 Limited SARC/VA services (During emergency medical care & SAFE Exam) Can only file an unrestricted report 3 SVC representation only when subject is subjected to the UCMJ 4 If incident occurred on the military installation • Veterans are provided free confidential counseling and treatment at the Veterans Administration (VA) • Crime Victims Compensation (SARC/VA can provide contact information) • SARC/VA are always available to: ü discuss options ü provide POCs for local civilian resources ü provide referrals to Employee Assistance Program (EAP) and Equal Employment Opportunity (EEO) offices 1 2 Sources: Do. DI 6495. 02 Sexual Assault Prevention and Response Program Procedures, Change 3, 24 May 17 Do. DD 6495. 01 Sexual Assault Prevention and Response (SAPR) Program, Change 1, 30 Apr 13 Army Directive 2017 -16 Civilian Employee Eligibility for the Special Victims Counsel Program 33

UCMJ and Civilian Sex Offense Penalties UCMJ Penalties Offense Article Maximum Penalties Rape 120 Dishonorable Discharge (mandatory upon conviction), Life without parole forfeiture of all pay and allowances Sexual Assault 120 Dishonorable Discharge (mandatory upon conviction), forfeiture of all pay and allowances, 30 years confinement Aggravated Sexual Contact 120 20 years + Dishonorable Discharge and forfeiture of all pay and allowances 120 Forfeiture of all pay and allowances, 7 years + Dishonorable Discharge, Could be up to life in prison Abusive Sexual Contact Wrongful broadcast or distribution of 117 A Pending intimate visual images U. S. Code 18, Chapter 109 (Civilian) Penalties Offense Section Maximum Penalties Aggravated Sexual Abuse 18 USC 2241 Life in prison Sexual Abuse 18 USC 2242 Life in prison Sexual Abuse of a Minor or Ward 18 USC 2243 15 years in prison Abusive Sexual Contact 18 USC 2244 2 years to life in prison Sexual Abuse Resulting in Death 18 USC 2245 Death, life in prison 34

Rule 514 • Rule 514, as written in the MCM: : • “A victim has a privilege to refuse to disclose and to prevent any other person from disclosing a confidential communication made between the victim and a victim advocate, or between the alleged victim and Department of Defense Safe Helpline staff in a case arising under the UCMJ, if such communication was made for the purpose of facilitating advice or assistance to the victim. ” “Confidential communication” also applies to records the Sexual Assault Response Coordinator (SARC) and Victim Advocate (VA) maintain pertaining to communications with the victim. These communications with SARC and VA and their associated records are considered privileged and are not to be released to others, including to commanders or law enforcement personnel. Defense Task Force on Sexual Assault in the Military Services (DTF SAMS), 1 December 2009 35

Expedited Transfer Requests • Sexual assault victims who file an Unrestricted Report can request an expedited transfer/reassignment from their current unit. • The transfer or reassignment may be: o Another unit at a different geographical location o A different unit on the installation o Another company within the same battalion o Another battalion within the same brigade MILPER Message Number 17069 Proponent AHRC-PLR Title TRANSFER OR REASSIGNMENT PROCEDURES FOR VICTIMS OF SEXUAL ASSAULT. . . Issued: [07 Feb 2017]. . . o Another brigade within the same division • The request must be submitted in writing using DA Form 4187. • Commander (battalion or above) has 72 hours to recommend approval or disapproval of the request 36

Military Protective Orders Military Protection Order (MPO) • A MPO is a short-term order issued by a unit commander against an active duty service-member under his or her command. • The MPO is intended to: - Safeguard victims; - Quell disturbances; and, - Maintain good order and discipline while victims have time to pursue protection orders through civilian courts. • Will remain in effect until such time as the commander terminates the order or issues a replacement order • Are not enforceable by civilian authorities off-post. Off-post violations of the MPO should be reported to the issuing commander, Do. D law enforcement, and Criminal Investigation Division (CID) for investigation Do. DI 6400. 02, Change 4, 26 May 17 37

Policy on Retaliation As per Army Directive 2014 -20 (Prohibition of Retaliation Against Soldiers for Reporting a Criminal Offense) No Soldier may retaliate against a victim, an alleged victim, or another member of the Armed Forces based on that individual's report of a criminal offense. Retaliation can take on 3 types of actions. 1. Taking or threatening to take an adverse or unfavorable personnel action, or withholding or threatening to withhold a favorable personnel action 2. Ostracism 3. Acts of cruelty, oppression, or maltreatment 38

Policy on Retaliation "Retaliation" is defined as: (1 of 3) Taking or threatening to take an adverse or unfavorable personnel action, or withholding or threatening to withhold a favorable personnel action, with respect to a victim or other member of the Armed Forces because the individual reported a criminal offense or was believed to have reported a criminal offense. Personnel action is defined as any action taken against a member of the Armed Forces that affects, or has the potential to affect, that member's current position or career. Such actions include a promotion; a disciplinary or other corrective action; a transfer or reassignment; a performance evaluation; a decision on pay, benefits, awards or training; referral for mental health evaluations and any other significant change in duties or responsibilities inconsistent with the member's grade. These allegations of retaliation will be referred to, and investigated by, the appropriate Inspector General (IG). 39

Policy on Retaliation "Retaliation" is defined as: (2 of 3) Ostracism, which is defined as excluding from social acceptance, privilege or friendship a victim or other member of the Armed Forces because: (a) the individual reported a criminal offense; (b) the individual was believed to have reported a criminal offense; and (c) the ostracism was motivated by the intent to discourage reporting of a criminal offense or otherwise to discourage the due administration of justice; or (3 of 3) Acts of cruelty, oppression or maltreatment committed against a victim, an alleged victim or another member of the Armed Forces by peers or other persons, because the individual reported a criminal offense or was believed to have reported a criminal offense. These allegations of retaliation described will be referred to a Battalion Commander or higher commander to develop a plan to immediately address the issue and forward the plan to the SARB chair per Army Directive 2015 -16 40

Online Misconduct • The use of electronic communication to inflict harm. • Examples include, but are not limited to: bullying, hazing, stalking, discrimination, retaliation, or any other types of misconduct that undermine dignity and respect. • Punishable under U. S. Code and UCMJ Articles 88, 89, 91, 120 b, 120 c, and 134 o “THINK” what message will be sent, who will potentially view it and its impact. o “TYPE” messages consistent with Army Values. o “POST” if the message demonstrates dignity and respect for self and others. http: //www. armyg 1. army. mil/onlineconduct. asp 41

Online Misconduct Download video at: https: //atn. army. mil/getattachment/SHARP-Training/SMA_Social_Media_Message. mp 4 42

Social Media 7 Social Media Tips: • Be aware of the image you present • Ensure information you post or share is releasable • Live the U. S. Army Values • Do not use trademarked or copyright protected material • Do not misrepresent your identity • Be cautious with the personal information you share • Ask for help if you or a family member have fallen victim to a scam, impersonation, or feel threatened AR 600 -20 paragraph 4 -19 and the United States Army Social Media Handbook 43

I. A. M. Strong All officers and enlisted Soldiers are dutybound to Intervene, Act and Motivate others to stop sexual harassment and sexual assault and help foster an environment free of these behaviors. 44

Bystander Intervention Process • Notice the event • Interpret the event as a problem • Assume personal responsibility for doing something • Decide how to intervene • ACT! 45

Bystander Intervention Strategies • Do something • Change subject matter • Distract the offender • Remove victim from hostile environment • Cause an interruption • Serve as an ally to the victim • Call for help • Be a part of the solution, not a part of the problem 46

Resources The Following Resources are Available: • Chaplain, minister, or spiritual leader • Behavioral health counseling • Legal assistance • Office of Personnel Management (OPM) website (for DA Civilians) - http: //www. opm. gov/policy-data-oversight/worklife/referencematerials/resource-list. pdf • Do. D Safe Helpline — contact them at 877 -995 -5247 or safehelpline. org which offers support services to men and women • Military One Source: http: //www. militaryonesource. mil/ or 800 -3429647 (Mandatory Reporting Responsibility) • Mobile Technology: We Care App, Battle Buddy App, Circle of 6 App • Outside Resources: Rape Abuse and Incest National Network (RAINN) 47

Summary • Sexual Harassment and Sexual Assault is counter to the Army values and degrades our unit readiness • Our profession is built on trust between all members of the Army team • Treat everyone with dignity and respect • Your actions can stop the next sexual harassment or sexual assault 48

Helpline Reminder: If You Need Help Installation 24/7 Helpline: [Insert Your # Here] Do. D Safe Helpline: (877) 995 -5247 49