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Victims Rights Created

  1. Right to the reasonably protected from the accused.
  2. Right to reasonable, accurate, and timely notice.
  3. Right not to be excluded from any public proceedings.
  4. Right to be reasonably heard.
  5. Reasonable right to confer with governments attorney.
  6. Right to full and timely restitution as provided in law.
    —in military this is the special victims prosecution
  7. Right to proceedings free from unreasonable delay.
  8. Right to be treated with fairness and with respect for victims dignity and privacy.

1970s Victims Rights Programs Created
-Aid for victims of crimes
-Bay area women against rape
-Rape crisis center

Policies and Directives SHARP uses
AR 600-20 – Command Policy
DoDD 6495.01 SAPR
AR 27-10 – Military Justice

Policies used by sister programs
EEO – DoDD 1440.1
EEO – AR 690-600

Army Vision For SHARP
Eliminate sexual harassment and sexual assault

What is the of the I. A.M. STRONG campaign?
It is the Army’s campaign to combat sexual assaults by engaging all Soldiers in preventing sexual assaults before they occur

Phases of the SHARP Campaign
P1: Committed Army Leadership
P2: Army wide Conviction
P3: Achieve Cultural Change
P4: Sustainment, Refinement, and Sharing

Program Responsabilities
Standardize sexual assault response to victims and professionalize military victim advocacy.

Prevent Steps of Sexual harassment

  1. Know and follow rules
  2. Reduce threats
  3. Promote awareness
  4. Influence behavior

Non-Verbal Communication Skills
It’s a means of exchanging information between people through gestures, facial expressions, posture, silence, and vocal sounds other than words. behaviors include: general appearance, posture, body movement and distance, eye contact, gestures (arms and hands), and facial expressions

Professional Boundaries
Maintain appropriate boundaries of communication and consistently behaving within the limits of the SARC/VA/Victim relationship. –

  • Provide professional information only
  • Separate appropriate vs. inappropriate behavior
  • ease into the boundaries
  • guide the victim
  • do not let the victim get too connected

SHARP Conflict of interest
A situation in which a person or organization has competing interests or loyalties, which could prevent you from providing appropriate and sufficient support to personnel.

Sexual Harassment
Conduct that:
a) involves unwelcome sexual advances, requests for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature
b) is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive.

Categories of sexual harassment
Verbal: telling jokes, derogatory terms, ect.
Non-Verbal: sexting, staring, sexual screen savers, ect
Physical Contact: touching, cornering, kissing
—– physical contact is assault if in a ‘hot zone’

Types of Sexual Harassment
quid pro quo and hostile work environment

reasonable person standard
The standard of behavior expected of a hypothetical “reasonable person.” The standard against which negligence is measured and that must be observed to avoid liability for negligence.

impact vs. intent
appropriate behavior is determined by the person who perceives the behavior as such rather than by the alleged harasser. Impact is reviewed and evaluated from the complaintant’s perspective. Judged with the ‘reasonable person standard’

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 and influence
    — Hostile or offensive environment

Misperceptions of Social Norms
gap between what people THINK others believe and do (perceived norm) and what others ACTUALLY believe and do (actual norm)

Behavior-centered Feedback
Specific, non-evaluative, private, empathetic
Use “I” statements:

  • I feel
  • When
  • Because

Victim Coping Methods

  • Denial
  • Rationalization
  • Avoidance
  • Adaptation

Active Listening
Empathic listening in which the listener echoes, restates, and clarifies. A feature of Rogers’ client-centered therapy.

Guarantee confidentiality in sexual harassment
Chaplain or a lawyer

Communication Style Approach Methods
Aggressive Harasser: 1)email/text 2)face to face
Passive-aggressive harasser: 1)face to face 2)email/text
Passive harasser: 1)face to face 2)email/text
Assertive harasser: 1)face to face 2)email/text

Informal Approach Methods

  • Anonymous Complaint
  • Direct Approach
  • Third-party assistance
  • Chain of Command
  • or resort to filing a formal complaint

substantiated vs unsubstantiated
unsubstantiated: There is no preponderance of evidence to support the basis of the complaint or other

substantiated: There is a preponderance of evidence to support the basis of the complaint or other

Alternate Reporting Agencies

  • The Inspector General
  • Housing Referral Office
  • Higher Echelon Command (preferred)
  • Provost Marshal Office
  • Chaplain
  • The staff judge advocate
  • Medical Agency Personnel

Sexual Harassment Timeline
60 Days – complaint filed from last incident
3 days – refers complaint to commander
3/14 days – investigations occurs (GCMCA notified)
7 days – complaintent appeal
3/14 days – new investigation occurs at higher commander

Reprisal
Individuals being punished for coming forward with a report

  • Cancelled leave
  • Deleted Assignments
  • Downgrade of awards
  • DoD Directive 1440.1
  • DoD Civilian EEO Program
  • AR 690-600
  • EEO Discrimination Complaints
  • DoD Instruction 1020.03
  • Harassment Prevention and Response in the Armed Forces
  • DoD Directive 6495.01
  • SAPR Program
  • DoD Instruction 6495.02
  • SAPR Program Procedures
  • DoD Directive 1350.2
  • DoD MEO Program
  • DoD Directive 6495.03
  • D-SAACP
  • DoD Directive 1030.01
  • Victim and Witness Assistance
  • AR 600-20
  • Army Command Policy
  • AR 27-10
  • Military Justice
  • Oddball SHARP Pubs
  • Army EEO and Anti-Harassment Policy for the Workplace
  • UCMJ
  • Army Anti-Harassment Policy
  • When was the the Sexual Assault Prevention and Response Office (SAPRO) formed?
  • 2004
  • What are the 4 major areas of responsibility for SHARP
  • Program Management
  • Prevention
  • Response
  • Training
  • Program management
  • Involves supporting unit commanders in developing and executing sexual harassment and sexual assault reduction campaigns.
  • Prevention
  • Involves developing, implementing, and supporting campaigns at the unit, command, installation, or brigade level.
  • Response
  • Involves responsibilities that occur after an incident has happened and includes the effort to file a complaint or report the incident.
  • Training
  • Involves responsibilities that include teaching Soldiers, Civilians, commanders, managers, and supervisors about prevention and risk-reduction strategies and what to do in theevent an incident occurs.
  • Culture
  • A system of beliefs
  • Comprises shared values, attitudes, and lifestyles
  • Represents a broad set of influences
  • Prevention
  • Is a proactive measure taken to set conditions that help avoid incidents from happening, as opposed to intervention, which occurs when something is already underway and you take action to stop it.
  • Command Climate Survey should be completed within…
  • 60 days
  • Steps to Prevent Sexual Harassment
  • Know & Follow Rules
  • Reduce threats
  • Promote awareness
  • Influence behavior
  • Action Plan
  • Define the problem and measures used to resolve it
  • Identify who is responsible for carrying out the steps
  • Provide suspense and benchmark dates
  • State the objective of the action plan
  • Non-Verbal Terms
  • General Appearance
  • Posture
  • Body Movement & Distance
  • Eye Contact
  • Gestures
  • Facial Expressions
  • Nonverbal Distractors
  • General Appearance
  • Service members should adhere to uniform and grooming standards in AR 670-1
  • Posture
  • While standing, assume upright posture but not rigid
  • Body Movement and Distance
  • Large quick movements while speaking to complainant or victim can put them on edge
  • Eye Contact
  • Eyes can both send and receive messages
  • Gestures (Hand & Arms)
  • Some people have a tendency to talk with their hands
  • Facial Expressions
  • Affirmative nods and smiles
  • Nonverbal Distractors
  • You must be mindful of nonverbal communication distractors
  • Types of Briefings
  • Informational
  • Mission
  • Staff
  • Decision
  • Information Briefing
  • Delivers information that does not include conclusions or recommendations, nor does it require decisions
  • Decision Briefing
  • It presents the recommended solution based on analysis or study of a problem or problem area
  • Mission Briefing
  • Coordinates an effort toward accomplishing the mission
  • Staff Briefing
  • May have characteristics of information briefings, decision briefings, and mission briefings; coordinates unit efforts by informing the commander and staff of the current situation
  • Will CID ever be involved in a sexual harassment case?
  • No
  • Sexual Innuendo
  • An indirect remark suggesting something rude or sexual in nature; (1) Not necessarily illegal or malicious and (2) Can be construed as offensive.
  • According to AR 600-20, sexual harassment is….
  • (1) Conduct that involves unwelcome sexual advances, requests for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature when…
  • Soldiers have _ to file a formal complaint
  • 60 calender days
  • Army Civilians must contact the EEO Office within _ to initiate the complaint process
  • 45 calendar days
  • o
  • AR 600-690 = Army Civilians
  • Categories of Sexual Harassment
  • Verbal
  • Nonverbal
  • Physical
  • Types of Sexual Harassment
  • Quid pro quo and hostile work environment
  • Inappropriate behavior is determined by who?
  • The person who perceives the behavior as such rather than by the alleged harasser
  • Potential Impacts of Sexual Harassment on Individual
  • Depression
  • Detachment
  • Difficulty with trust
  • Decline in performance
  • Potential Impacts of Sexual Harassment on Unit
  • Decreases productivity
  • Creates polarization in the unit
  • Creates a disrespectful environment
  • Distracts from goals and mission accomplishment
  • When combined with pluralistic ignorance, false consensus can create what?
  • A subculture that works against one’s mission and values
  • Intervention Process
  • Notice the event (situation awareness)
  • Interpret the event or behavior as a problem
  • Feel responsible for solving it
  • Choose how to intervene
  • Build the culture to eliminate the problem
  • Possible psychological effects of sexual harassment on an Individual
  • Anger
  • Confusion
  • Embarrassment
  • Guilt
  • Shame
  • Mistrust
  • Anxiety
  • Fear
  • Stress
  • Possible Physical effects of Sexual Harassment
  • Fatigue
  • Loss of appetite
  • Muscle pain
  • Decreased coordination
  • Headaches
  • Insomnia
  • Stomach problems
  • Weight loss or gain
  • Increased blood pressure
  • Sexual disinterest or dysfunction
  • Formal complaints processed are processed by who?
  • By BDE SARCs (except for Civilians, which is handled by the EEO)
  • Issues that are not resolved by the complainant him/herself can be handled by…
  • full-time BDE SARCs
  • Confidentiality in sexual harassment complaints cannot be guaranteed nor promised to the complainant other than…
  • By the chaplain or a lawyer
  • If we have an informal complaint, we need to do whaat?
  • Do a Memorandum for Record for tracking and trends
  • GCMA
  • General Court Martial Convening Authority
  • To effectively communicate with complainants of sexual
  • harassment, we use a four-step process:
  • Consider the complainant
  • Listen actively
  • Be prepared
  • Explain approaches to resolve the sexual harassment complaint
  • What are the methods for resolving an SH Complaint?
  • Anonymous, informal, formal
  • WHAT ARE “I STATEMENTS”
  • I feel, when you, because…
  • WHAT ARE SOME REASONS WHY A COMPLAINANT OF SH WON’T REPORT?
  • 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
  • HOW LONG SHOULD IT TAKE TO RESOLVE AN INFORMAL COMPLAINT?
  • No timeline
  • WHAT FORM IS USED TO FILE A FORMAL SH COMPLAINT?
  • DA Form 7746
  • ICRS
  • Integrated Case Reporting System
  • A web-based tool that allows the Army to track
    data related to sexual harassment cases
  • WHAT REGULATION DOES IG USE TO PROCESS AN SH COMPLAINT?
  • IG does not process SH complaints
  • The SARC has __ to present findings of the follow-up assessment to the commander
  • Where do the finding go?
  • 15 calendar days
  • On DA 7746-1
  • WHAT ARE EXAMPLES OF RETALIATION?
  • Reprisal, ostracism, maltreatment
  • WHAT DOCUMENTS ARE NEED TO BE IN THE INVESTIGATIVE REPORT?
  • IO appointment orders
  • DA Form 7746
  • Commander’s retaliation/reprisal plan
  • List of IO questions developed with SARCs
  • Statements of those interviewed
    —Complainant(s)
    — Named witnesses
    — Subject(s)
    — Relevant members of the chain(s) of command
    — Individual who initially received the formal complaint
  • Copies of supporting documents
  • Unit policies/procedures for sexual harassment
  • Written explanation of extenuating circumstances preventing IO from interviewing
    —Complainants
    —Names Witnesses
    —Subjects
  • WHAT DETERMINES IF A SH COMPLAINT IS UNSUBSTANTIATED/SUBSTANTIATED?
  • preponderence of evidence
  • 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 allegations
  • A complaint is substantiated if:
  • There is a preponderance of evidence to support the basis of the complaint
  • There is sufficient evidence to support all or part of the allegations
  • Informal Military Complaint
  • May be resolved directly by the individual
  • Not subject to timelines
  • Commander may investigate
  • Complainant does not officially file in
    writing (DA Form 7746)
  • Maintain a Memorandum for Record (MFR) in accordance with the disposition
    schedule
  • What is the purpose of the MFR?
  • Ø Program management – To evaluate complaint resolution and effectiveness
  • Ø Prevention – To identify trends and design outreach events
  • Ø Response – To document the complaint
  • Ø Training – To identify potential training areas
  • Formal Military Complaints
  • Filed in writing using DA Form 7746
    CDR is notified immediately and GCMCA is notified
  • BDE CDR must swear in all formal complaints of SH
  • Requires reprisal plans
  • Should be resolved within 14 calendar days of receipt of complaint
  • Requires documentation of actions taken
  • Complainant or Subject can elect to appeal the process
  • Formal Military Complaint Timeline
  • Commander investigates and
    makes a decision (14 calendar days)
  • Brigade or Higher Commander notifies GCMCA (3 calendar days)
  • Complainant files complaint (60 calendar days)
  • Complainant and/or subject appeal (7 calendar days)
  • Commander reacts to appeal
    (14 calendar days)
  • GCMCA final appeal decision authority SARC follow-up assessment (30-45 days)
  • During a formal complain, SARCS ensure…
  • All information on DA Form 7746 is complete and accurate
  • The Brigade Commander is notified and swears in the complainant to the
    accuracy of the information
  • An IO is appointed
  • The IO receives assistance with questions from SARC and Legal
  • The Commander establishes a reprisal plan
  • Timelines are met
  • Retaliatory actions include:
  • Reprisal–Taking or threatening to take an adverse or unfavorable personnel
    action, or withholding or threatening to withhold a favorable personnel action
  • Ostracism–excluding from social acceptance, privilege, or friendship
  • Acts of cruelty, oppression, or maltreatment
  • 1970s: Emergence of groundbreaking victim assistance programs
  • Ø Aid for Victims of Crime (Now called the Crime Victim Advocacy Center of St. Louis)
  • Ø Bay Area Women Against Rape (San Francisco)
  • Ø Rape Crisis Center (Washington, DC)
  • Movements in 1980s
  • Law and order groups pressed for increased victim involvement in offender
    accountability
  • Compensation groups pressed for greater victim compensation
  • Women’s groups pushed for rights of victims of sexual and domestic violence
  • National Campaign for Victim Rights was launched
  • National Victims’ Rights Week was established
  • Task Force on Violent Crime was set in motion
  • Civilian Complaints
  • Uses Equal Employment Oppurtunity (EEO) process
  • IAW AR 690-600
  • Military Complainants
  • The complaint process outlined in AR 600-20 is
    primarily used by military complainants
  • Family members 18 and over may use the complaint
    process
  • A Soldier can file a SH complaint on behalf of a family
    member

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