Lesson 8 Flashcards
Reasons for not filing a complaint- reasons for not reporting incidents
- Lack of faith in the chain of command
- Labeled as a non-team player
- Subject of gossip
- Peer pressure
- Not worth the risk/time
- Fear of reprisal
Informal military complaints
Not subject to timelines but should be resolved within 14 calendar days
Complainant does not officially file in writing( DA form 7746)
BDE SARC will maintain a memorandum for record (MFR) IAW dispostion scedule
What is MFR used for
As tracking tool
Following trends
For accuracy
What document is used for formal complaints
Da form 7746
Filing process timeline
60 cal days to file 72 hrs BN CDR informs CG 14 cal days BDE CDR investigates 20 cal days BDE cdr will final report or finds with CG 7 cal days for complaintant to file appeal 3 cal days if appeal complaint sent 14 cal days bde cdr reacts to appeal 30-45 cal days sarc follow up assessment
Complaint process SARCs ensure
- All infor on DA form 7746 is complete and accurate
- The BDE cdr is notified and swears in the complaintant to the accuracy of the information
- An IO is appointed from outside the subjects bde-sized element
- The commander establishes a reprisal prevention plan
- Timelines are met
Complaint process commanders will
- Acknowledge receipt of complaint
- Notify the CG(GCMCA) IAW timelines
- Establish a retaliation/reprisal plan for all parties
- If warranted, ensure MPO is issued within 6 hours
- Communicate with legal and IO
- Update complaintaint IAW timelines
What are the retaliation actions?
Reprisal
Osctracism
Maltreatment
What is reprisal
Taking or threatening to take an adverse or unfavorable personnel action
What is ostracism
Excluding from social acceptance privilege or friendship
What is maltreatment
Acts of cruelty, oppression
When it comes to no quandarance of evidence
Unsubstantiated
When there is a ponderance of evidence
Substantiated
Where do we put sexual harassment reporting complaint data? What sustem do we use?
Intergrated Case Reporting System (ICRS)
How many days does a sarc have to conduct a follow up assessment
30-45 cal days
After sarc 30-45 day assessment what happens
Findings presented within 15 calendar days
What regulation details the militay sexual harassment complaint
Ar 600-20
Hiw many days do commanders get to investigate
14 cal days
How many days do complaintaints have to file military
60 cal days
How many days dose a complaintaint or subject have to appeal
7 cal days
Whats a tracking tool for patterns and trends in behavior
MFR
How many days do you get to file an informal complaint
No limit
When it comes to investigative reports what items are required enclosures?
- IO appointment orders
- DA form 7746
- Commander’s retaliation/reprisal plan
- List of IO questions developed with SARCs
- Statements of those interviewed
- Copies of supporting documents
- Unit policies/procedures on sexual harassment
- Written explanation of extenuating circumstances preventing IO from interviewing
In investigative report what are examples of written explanation of extenuating circumstances preventing IO from interviewing
Complaintaints
Named witnesses
Subjects
In investigative report what statements of those interviewed
Complaintaints Name witnesses Subjects Relevant members of chains of command Individual who initially received the formal complaint
What are the commander decision options
Unsubstantiated
Substantiated
A complaint is unsubstantiated if
There is no preponderance of evidence to support the basis of the complaint
Evidence found during the investigation thoroughly disputed the allegations
A complaint is substantiated if
There is preponderance of evidence to support the basis of the complaint
There is sufficient evidence to support all or part the allegations
Follow up assessments are
Conducted by SARC
Conducted 30-45 cal days after final decisions
Sarc will present findings to CDR within 15 cal days
Annotated on 7746-1
Attached to original complaint
Used to measure effectiveness of actions
Who can promise confidently
Lawyers and chaplains
