Army EO Program AR 600-20 Ch 6 Flashcards
What does AR 600-20 cover?
Army Command Policy
What Chapter covers the EO Program in AR 600-20?
Chapter 6
What does Ch 6 of AR 600-20 Cover?
The Army’s EO Program
Para 6-1
What is the purpose of the EO Program?
EO Program formulates, directs, and sustains a comprehensive effort to maximize human potential and to ensure fair treatment for all persons based solely on merit, fitness, and capability in support of readiness
Para 6-1
what is the EO Policy based on?
fairness, justice, and equity
Para 6-1
Who is responsible for maintaining a positive EO climate in the unit?
The commander
Para 6-1
What are the goals of the EO program?
- Provide EO for military personnel and Family members, both on and off post and within the limits of the laws of localities, states, and host nations
- 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
Para 6-2
When does the Army’s EO policy apply?
- Applies both on and off post, during duty and non-duty hours
- Applies to working, living, and recreational environments
Para 6-2
What is Discrimination?
Any action that unlawfully or unjustly results in unequal treatment of persons or groups based on race, color, gender, national origin, or religion
Para 6-2
What is Disparaging Terms?
Terms used to degrade or connote negative statements pertaining to race, color, gender, national origin, or religion. This includes verbal statements, printed material, visual material, signs, symbols, posters, or insignia
Para 6-2
What is Equal Opportunity?
The right of all persons to participate in, and benefit from, programs and activities for which they are qualified
Para 6-2
How should Soldiers be evaluated?
individual merit, fitness, and capability, regardless of race, color, sex, national origin, or religion
Para 6-2
What is gender discrimination?
action taken by an individual to deprive a person of a right because of their gender
Para 6-2
What is National Origin?
An individual’s place of origin or that of an individual’s ancestors; a person who has the physical, cultural, or linguistic characteristics of a national group
Para 6-2
What is Prejudice?
A negative feeling or dislike based upon a faulty or inflexible generalization (that is, prejudging a person or group without knowledge or facts) example is thinking that someone with a southern accent is unintelligent or uneducated because they speak slower
Para 6-2
What is Race?
A division of human beings identified by the possession of traits transmissible by descent and that is sufficient to characterize persons possessing these traits as a distinctive human genotype
Para 6-2
What identifies a person as American Indian or Alaska Native?
A person having origins in any of the original peoples of North and South America (including Central America) and who maintains tribal affiliation or community attachment
Para 6-2
What identifies a person as Asian?
A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinents including, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam
Para 6-2
What identifies a person as Black or African American?
Black or African American. A person having origins in any of the black racial groups of Africa
Para 6-2
What identifies a person as Native Hawaiian or other Pacific Islander?
A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands
Para 6-2
What identifies a person as White?
person having origins in any of the original peoples of Europe, the Middle East, or North Africa
Para 6-2
What identifies a person as Hispanic or Latino?
A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture of origin, regardless of race. The term “Spanish origin,” can be used in addition to “Hispanic or Latino.”
Para 6-2
What is Racism?
Any attitude or action of a person or institutional structure that subordinates a person or group because of skin color or race
Para 6-2
What is Sexism?
Attitudes and beliefs that one gender is superior to another
Para 6-3
What does EOA stand for?
Equal Opportunity Advisor
Para 6-3
At what level should there be an EOA?
at BDE and higher level
Para 6-3
What is EOR?
Equal Opportunity Representative
Para 6-3
What level should have EOR’s?
company and BN levels
Para 6-3
What must the rank of an EOR be?
SGT (P) and above only
Para 6-3
What is the Army’s EO/Sexual Harassment Assistance Line number?
1–800–267–9964
Para 6-3
When must a Commander conduct a Command Climate survey after taking command?
Within 30 days of assuming command
Para 6-3
How often should commander’s conduct Command Climate surveys?
within 30 days of command, again after 6 months and then annually
Para 6-3
Are Commanders required to provide feedback of Command Climate Surveys to subordinates?
Yes, Commanders are required to provide timely feedback to subordinates with 30 days of conducting the Command Climate Survey
Para 6-6
What must happen if someone is removed from EO Duty?
The NCO or Officer must receive a “Relief for Cause” Evaluation immediately after being relieved
Para 6-8
What are some reasons that a place may be placed “Off Limits”?
public accommodations and establishments falsely claiming to be private clubs (fraternal or otherwise) with discriminatory policies and practices against Soldiers in a Command
Para 6-8
Who is the Approving Authority to place an off post establishment Off Limits?
The Armed Forces Disciplinary Control Board
Para 6-9
What are the individual Rights of Soldiers, Family Members and DA Civilians when processing EO Complaints?
- Present a complaint to the command without fear of intimidation, reprisal, or harassment
- Communicate with the commander concerning their complaints
- Receive assistance when submitting a complaint
- Receive training on the Army’s EO complaint and appeals process
Para 6-9
What is the Responsibility of the individual filing an EO Complaint?
- Advising the command of any incidents of sexual harassment and unlawful discrimination complaints and providing the command an opportunity to take appropriate action to rectify/resolve the issue
- Submitting only legitimate complaints and exercising caution against unfounded or reckless charges
Para 6-9
What is the first thing that someone should attempt if they have an EO Issue?
It is recommended that the individual attempt to resolve a complaint by first informing the alleged offender that the behavior must stop
Where in AR 600-20 does it list how to file a complaint?
Appendix D
Para 6-9
What regulation governs the investigations of EO Complaints?
AR 15-6
Para 6-9
If a Leader has not supported the EO program, what must the Rater do?
The Rater should annotate this on the NCOER or OER
Para 6-9
What should a Rater put on the NCOER?
“Does not support EO” in the performance section or place a “NO” in the values section and place a bullet in values section
Para 6-9
What should a Rater put on an OER?
“Does not support EO” in the Respect section of the OER
Para 6-14
What does EOAP Stand for?
Equal Opportunity Action Plan
Para 6-14
What is an EOAP?
planned, achievable steps that eliminate practices denying fair and equitable treatment to Soldiers and their Families, and that monitor progress toward these goals
Para 6-14
When must units review EOAP’s?
Annually
Para 6-19
Why are EO special/ethnic observances conducted?
to enhance cross-cultural awareness among all Soldiers, civilian employees, and their Families
Para 6-19
What are observances designed to recognize?
the achievements and contributions made by members of specific racial, ethnic, or gender groups in our society
App D-1
What is an EO Complaint?
complaints that allege unlawful discrimination or unfair treatment on the basis of race, color, religion, gender, and national origin
App D-1
Where are the procedures for handling EO complaints from Civilian Personnel?
AR 690-600
App D-1
What are the two types of EO Complaints?
Formal and Informal
App D-1
What is an Informal Complaint?
any complaint that a Soldier or Family member does not wish to file in writing
App D-1
How can Informal Complaints be resolved?
directly by the individual, with the help of another unit member, the commander or other person in the complainant’s chain of command
App D-1
What are some actions taken to resolve Informal Complaints?
discussion, problem identification, and clarification of the issues
App D-1
What is the time suspense of an Informal complaint?
There is no time Suspense for an Informal complaint
App D-1
What should anyone working on the resolution of informal complaints do at a minimum?
at a minimum complete a Memorandum of Record
App D-1
What are some other Channels that a person can use to file a complaint if the complaint is against the Chain of Command?
- Someone in a higher echelon of the complainant’s chain of command
- Inspector General
- Chaplain
- Provost marshal
- Medical agency personnel
- Staff judge advocate
- Chief, Community Housing Referral and Relocation Services Office
App D-1
Are Informal Complaints required to be Confidential?
No except for a Chaplain or Lawyer
App D-1
What is a Formal Complaint?
a complainant files in writing and swears to the accuracy of the information and Formal complaints require specific actions, are subject to timelines, and require documentation of the actions taken
App D-1
What is the form used to file a Formal Complaint?
DA Form 7279 (Equal Opportunity Complaint Form)
App D-1
How long do Soldiers have to file a Formal Complaint?
60 days from the incident
App D-1
Who should a Formal Complaint be filed with?
with the commander at the lowest echelon of command at which the complainant may be assured of receiving a thorough, expeditious, and unbiased investigation of the allegations
App D-1
Other than the Commander where else can a person file a Formal Complaint?
- Someone in a higher echelon of the complainant’s chain of command
- Inspector General
- Chaplain
- Provost marshal
- Medical agency personnel
- Staff judge advocate
- Chief, Community Housing Referral and Relocation Services Office
App D-3
If a complaint is filed with the Inspector General (IG) what are the timelines of the complaint?
There are no timelines for the complaint if filed with IG, it is taken as an Inspector General Action request
App D-4
When must a commander report a Formal complaint to the first General Courts-Martial Convening Authority (GCMCA)?
within 3 days of receiving the Formal Complaint
App D-4
When is the Commander required to submit a Progress report to the GCMCA?
At 21 days and then every 14 days thereafter
App D
After receiving a Complaint, what type of “Plan” must a commander initiate?
a plan to protect the complainant, any named witnesses, and the subject from acts of reprisal
App D-6
What are the required enclosures for an investigative report?
- Orders of appointment as investigating officer
- Copy of the DA Form 7279 with attached continuation sheets
- Copy of the completed/initialed commander’s plan to prevent reprisal
- List of questions developed with EOA
- Statements/synopses of interviews with complainant(s), named witnesses, and subject(s) and relevant members of the chain(s) of command
- Copies of supporting documents
- Description/assessment of unit policies, procedures that may have contributed to perceptions of unlawful discrimination or sexual harassment within the unit
- Written approval of next higher echelon commander for any approved extensions
- Written explanation of extenuating circumstances that prevented the investigating officer from interviewing any named witnesses, complainants, or subjects
- Written review by the EOA
App D-6
What is the purpose of the Investigation?
to determine to the maximum extent possible what actually occurred, to assess the validity of allegations made by the complainant, to advise the commander of any leadership or management concerns that might contribute to perceptions of unlawful discrimination and poor unit command climate, and to recommend appropriate corrective actions
App D-6
What is the required Initial Actions of an investigation by the commander?
The Commander will provide the investigating officer a copy of orders assigning him or her as the investigating officer and the initiated DA Form 7279, which identifies the complainant and lists the allegations to be investigated
App D-6
What are the Army Regulations that should be used during an Investigation?
AR 15–6 and AR 600–20
App D-6
Who should the Investigating Officer meet with prior to conducting the Investigation?
SJA and the EOA
App D-6
Who is the Investigating Officer required to interview for the Investigation?
every individual who may have firsthand knowledge of the facts surrounding the validity of the allegations
App D-6
What must the investigating officer do prior to questioning any Soldier?
They should give the Soldier their ART. 31 rights warnings
App D-6
Where should the investigating officer record that rights have been given to the Soldier?
DA Form 3881 (Rights Warning Procedure/Waiver Certificate)
App D-6
What should the investigating officer do to complete the investigation report?
review the evidence, determine if the investigation adequately addresses allegations, make factual findings about what occurred, and provide recommendations consistent with the findings
App D-6
What is required during the EOA review of the investigation?
A meeting with the investigating officer and the EOA must review the report and attach a memorandum documenting his/her review
App D-6
What items are required enclosures to the report presented to the appointing authority?
- Orders of appointment as investigating officer
- Copy of the DA Form 7279 with attached continuation sheets
- Copy of the completed/initialed commander’s plan to prevent reprisal
- List of questions developed with EOA
- Statements/synopses of interviews with complainant(s), named witnesses, and subject(s) and relevant members of the chain(s) of command
- Copies of supporting documents
- Description/assessment of unit policies, procedures that may have contributed to perceptions of unlawful discrimination or sexual harassment within the unit
- Written approval of next higher echelon commander for any approved extensions
- Written explanation of extenuating circumstances that prevented the investigating officer from interviewing any named witnesses, complainants, or subjects
- Written review by the EOA
App D-7
By what actions are a complaint resolved?
A complaint is resolved by action to restore benefits and privileges lost because of unlawful discrimination or sexual harassment
App D-7
After legal review, what must the appointing authority decide?
the appointing authority will decide whether further investigation is necessary or whether to approve all or part of the findings and recommendations
App D-7
Where will actions taken by the commander and the chain of command will be annotated?
on the DA Form 7279, Part III
App D-7
Where is an allegation of discrimination that is substantiated be annotated?
on the DA Form 7279, Part III
App D-7
When an allegation of discrimination is substantiated what must the Commander decide?
what corrective action to take
App D-7
What are the two types of corrective action that the Commander can choose?
- Administrative
2. Punitive
App D-7
How is a complaint determined to be substantiated?
a complaint that, after the completion of an inquiry or investigation, provides evidence to indicate that the complainant was more likely than not treated differently because of his or her race, color, national origin, gender, or religious affiliation
App D-7
How is a complaint determined to be unsubstantiated?
A complaint for which the preponderance of evidence (that is, the greater weight of evidence) does not support and verify that the alleged unlawful discrimination or sexual harassment occurred
App D-7
When must the commander provide written feedback to the complainant?
not later than the 14th calendar day after receiving the complaint and then provide updates every 14 calendar Days
App D-8
How many days does a Soldier have to appeal a finding?
7 days
App D-8
How many days does a commander have to forward an appeal to next higher commander?
3 days
App D-8 How many days does the next higher commander have to review an appeal?
14 days
App D-10
How many days does an EOA have to conduct a follow-up assessment of all formal EO and sexual harassment complaints, both for substantiated and unsubstantiated?
30-45 days
App D-10
What is the purpose of the EO follow-up assessment?
to measure the effectiveness of the actions taken and to detect and deter any acts or threats of reprisal
App D-11
How long must the EOA maintain the file on closed EO complaints?
2 years
App D-12
What may happen to Soldiers who file a false complaint?
may be punished under the UCMJ
