Lesson 8 Flashcards

1
Q

Reasons for not filing a complaint- reasons for not reporting incidents

A
  1. Lack of faith in the chain of command
  2. Labeled as a non-team player
  3. Subject of gossip
  4. Peer pressure
  5. Not worth the risk/time
  6. Fear of reprisal
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2
Q

Informal military complaints

A

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

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3
Q

What is MFR used for

A

As tracking tool
Following trends
For accuracy

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4
Q

What document is used for formal complaints

A

Da form 7746

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5
Q

Filing process timeline

A
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
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6
Q

Complaint process SARCs ensure

A
  1. All infor on DA form 7746 is complete and accurate
  2. The BDE cdr is notified and swears in the complaintant to the accuracy of the information
  3. An IO is appointed from outside the subjects bde-sized element
  4. The commander establishes a reprisal prevention plan
  5. Timelines are met
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7
Q

Complaint process commanders will

A
  1. Acknowledge receipt of complaint
  2. Notify the CG(GCMCA) IAW timelines
  3. Establish a retaliation/reprisal plan for all parties
  4. If warranted, ensure MPO is issued within 6 hours
  5. Communicate with legal and IO
  6. Update complaintaint IAW timelines
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8
Q

What are the retaliation actions?

A

Reprisal
Osctracism
Maltreatment

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9
Q

What is reprisal

A

Taking or threatening to take an adverse or unfavorable personnel action

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10
Q

What is ostracism

A

Excluding from social acceptance privilege or friendship

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11
Q

What is maltreatment

A

Acts of cruelty, oppression

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12
Q

When it comes to no quandarance of evidence

A

Unsubstantiated

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13
Q

When there is a ponderance of evidence

A

Substantiated

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14
Q

Where do we put sexual harassment reporting complaint data? What sustem do we use?

A

Intergrated Case Reporting System (ICRS)

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15
Q

How many days does a sarc have to conduct a follow up assessment

A

30-45 cal days

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16
Q

After sarc 30-45 day assessment what happens

A

Findings presented within 15 calendar days

17
Q

What regulation details the militay sexual harassment complaint

A

Ar 600-20

18
Q

Hiw many days do commanders get to investigate

A

14 cal days

19
Q

How many days do complaintaints have to file military

A

60 cal days

20
Q

How many days dose a complaintaint or subject have to appeal

A

7 cal days

21
Q

Whats a tracking tool for patterns and trends in behavior

A

MFR

22
Q

How many days do you get to file an informal complaint

A

No limit

23
Q

When it comes to investigative reports what items are required enclosures?

A
  1. IO appointment orders
  2. DA form 7746
  3. Commander’s retaliation/reprisal plan
  4. List of IO questions developed with SARCs
  5. Statements of those interviewed
  6. Copies of supporting documents
  7. Unit policies/procedures on sexual harassment
  8. Written explanation of extenuating circumstances preventing IO from interviewing
24
Q

In investigative report what are examples of written explanation of extenuating circumstances preventing IO from interviewing

A

Complaintaints
Named witnesses
Subjects

25
Q

In investigative report what statements of those interviewed

A
Complaintaints
Name witnesses 
Subjects
Relevant members of chains of command 
Individual who initially received the formal complaint
26
Q

What are the commander decision options

A

Unsubstantiated

Substantiated

27
Q

A complaint is unsubstantiated if

A

There is no preponderance of evidence to support the basis of the complaint

Evidence found during the investigation thoroughly disputed the allegations

28
Q

A complaint is substantiated if

A

There is preponderance of evidence to support the basis of the complaint

There is sufficient evidence to support all or part the allegations

29
Q

Follow up assessments are

A

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

30
Q

Who can promise confidently

A

Lawyers and chaplains