SHARP/EO Flashcards
What does the acronym SHARP stand for?
Sexual Harassment Assault Response and Prevention
What is the definition of sexual harassment?
A form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- Submission to 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 work performance or creates an intimidating, hostile, or offensive working environment.
What is the definition of sexual assault?
Is intentional sexual contact characterized by the use of force, threats, intimidation, or abuse of authority or when the victim does not or cannot consent.
What are the options for dealing with and intervening with sexual harassment?
- Direct approach: confront harassed directly and tell him/her that the behavior is inappropriate and must stop.
- Indirect approach: send a letter or other indirect message to harasser stating facts, personal feelings about the inappropriate behavior, and expected resolution.
- Third party: request assistance from another person to intervene with situation.
- Chain of command: report behavior to an immediate supervisor or others in the chain of command for assistance in resolving the situation.
- File an informal or formal complaint: complaint filing procedures outlined in Appendix D, AR 600-20
What is an informal complaint? (Sexual Harassment)
Any complaint that an individual does not wish to file in writing. Informal complaints may be resolved directly by the complainant or with the help of another unit member, the company commander, or another individual in the complainant’s command. An informal complaint is not subject to a time suspense.
What are the steps taken in the instance of an informal complaint? (Sexual Harassment)
- Individual submits an informal complaint.
- Agency official receives complaint.
- Agency official explains the complaint process to complainant.
- Agency official attempts to assure resolution.
What is a formal complaint? (Sexual Harassment)
A formal complaint is one that a complainant files in writing and swears to the accuracy of the information. Formal complaints require specific actions, are subject to timelines, and require documentation of the actions taken. The decision to file a formal complaint rests solely with the complainant; however, the complainant must file a formal complaint within 60 calendar days of the alleged incident.
What steps are taken in the instance of a formal complaint? (Sexual Harassment)
- Individual submits formal complaint.
- Agency official receives complaint.
- Agency official explains the complaint process.
- Complainant and agency official complete DA Form 7279.
- Agency official refers complainant to appropriate organization (if needed).
- Commander is notified of formal complaint.
- Commander initiates investigation.
- CO takes steps to protect complainant.
- CO makes decision based on investigation.
- Individual submits appeal.
- EOA conducts follow up.
What is reprisal?
Taking or threatening to take an unfavorable personnel action, or any other act of retaliation, against a military member for making or preparing a protected communication is prohibited. (AR 600-20, Glossary)
What are the exceptions to the complaint process? (Sexual Harassment)
- Suspected criminal activity.
- IG office process
- Promotable COLs and higher/ IG/ SES
- Reserve component
- National Guard
- DA civilians
What is an unrestricted report? (Sexual Assault)
The victim can disclose, without requesting confidentiality or restricted reporting, that he/she is a victim of a sexual assault to a SARC, VA, HCP, Command authorities, or others. The victim will have access to medical treatment and counseling, support, and consideration for protection and expedited (permanent or temporary) transfers. If a victim chooses to file an unrestricted report, the SARC, VA, HCP, chain of command, and law enforcement, will be notified that the crime occurred. An official investigation will be triggered, and the alleged offender may be prosecuted. Must be referred to CID, regardless of severity. Once a victim files an unrestricted report, he/she cannot change to a restricted report. If at any time a victim declines to participate in an investigation or prosecution, that decision should be honored by commanders, investigators, and all other personnel involved in the case.
What is a restricted report? (Sexual Assault)
The victim can confidentially disclose and report a sexual assault to a SARC, VA, or HCP. The victim can also confidentially communicate with a chaplain. The victim will have access to medical treatment, including emergency care, counseling, and assignment of a SARC and VA, without triggering an official investigation or prosecution of the alleged offender. If the victim chooses to file a restricted report, the installation commander will receive non-identifying information indicating an alleged sexual assault occurred. If the victim files a restricted report, he/she can change to an unrestricted report at any time.
What are the steps taken for an unrestricted report? (Sexual Assault)
- Ensure victim’s safety and seek emergency care.
- Preserve evidence
- Victim notifies SARC and/or unrestricted reporting chain.
- Seek medical care for victim
- SARC provides info
- SARC assigns VA to provide assistance
- Victim may consult with legal assistance attorney
- Victim’s CO provides support and referrals as needed
- Coordinate for “no contact order” MPO or CPO as needed
- Victim may request expedited transfer
- Investigation
- Disposition of case
What are the steps taken in a restricted report? (Sexual assault)
- Ensure victim’s safety and seek emergency care
- Preserve evidence
- Victim notifies SARC and/or restricted reporting chain
- Seek medical care for victim
- SARC provides info
- SARC assigns VA to provide assistance
- Explain option to switch to unrestricted report
Exceptions to the reporting process (sexual assault)
- Communications with chain of command or law enforcement
- Support from local or state healthcare or law enforcement
- RC and NG considerations
- Family member considerations
- DA civilian considerations