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AFH 1 · Chapter 20 · Section 20.19

Harassment

Part of Customs, Courtesies, and Tradition · 3 sections · ~1219 words · WAPS PFE study material

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Harassment — Foundation and Six Forms

Harassment Defined

Harassment Definition
Harassment against military members or civilian employees includes any behavior that is unwelcome or offensive to a reasonable person, whether:
  • Oral
  • Written
  • Physical

…that creates an intimidating, hostile, or offensive environment.

Communication Channels

Harassment Channels
Harassment includes use of:
  • Electronic communications
  • Social media
  • Other forms of communication
  • In person

Examples

Harassment Examples
Harassment may include:
  • Offensive jokes
  • Epithets, ridicule or mockery
  • Insults or put-downs
  • Displays of offensive objects or imagery
  • Stereotyping
  • Intimidating acts
  • Veiled threats of violence
  • Threatening or provoking remarks
  • Racial or other slurs
  • Derogatory remarks about a person's accent
  • Displays of racially offensive symbols

Proper Purpose Exception

Proper Purpose Exception
Activities or actions undertaken for a proper military or governmental purpose, such as combat survival training, are NOT considered harassment.

Six Distinct Forms of Harassment

6 Forms of Harassment
The Air Force Equal Opportunity Program covers six distinct forms of harassment:
  1. Discriminatory
  2. Sexual
  3. Bullying
  4. Hazing
  5. Retaliation
  6. Reprisal

Harassment — Discriminatory and Sexual Harassment (Article 134 UCMJ)

Discriminatory Harassment

Discriminatory Harassment Definition
Discriminatory harassment is conduct that is unwelcome based on:
  • Race
  • Color
  • Religion
  • Sex
  • National origin

Sexual Harassment

Sexual Harassment Definition
Sexual harassment is conduct that involves:
  • Unwelcome sexual advances
  • Requests for sexual favors
  • Deliberate or repeated offensive comments or gestures of a sexual nature

Three Conditions

3 Conditions
When:
  1. Submission to such conduct is, either explicitly or implicitly, made a term or condition of a person's job, pay, or career
  2. Submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person
  3. 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 and is so severe or pervasive that a reasonable person would perceive the environment as hostile or offensive

Supervisory Use of Sexual Behavior

Supervisory Use of Sex
Any use or condonation, by any person in a supervisory or command position, of any form of sexual behavior to control, influence, or affect:
  • The career
  • Pay
  • Job of a member of the Armed Forces or a DoD civilian employee

Repeated Unwelcome Conduct

Repeated Unwelcome Conduct
Any deliberate or repeated unwelcome verbal comments or gestures of a sexual nature by any member of the Armed Forces or a DoD civilian employee.

No Psychological Harm Required

No Psych Harm Required
There is NO requirement for concrete psychological harm to the complainant for behavior to constitute sexual harassment.

Sufficient Standard

Sufficient Standard
Behavior is sufficient to constitute sexual harassment if it is so severe or pervasive that:
  • A reasonable person would perceive the environment as hostile or offensive
  • The complainant does perceive the environment as hostile or offensive

Channels Where It Occurs

Sexual Harassment Channels
Sexual harassment can occur through:
  • Electronic communications, including social media
  • Other forms of communication
  • In person

Article 134 UCMJ — January 2022 Executive Order

Sexual Harassment = Article 134 UCMJ
To demonstrate the severity of sexual harassment violations in the military, in January 2022, President Joseph Biden signed an executive order that establishes sexual harassment as a specific crime under the Uniform Code of Military Justice.
Article 134 Criminal Investigation
For purposes of conducting criminal investigations of formal complaints of sexual harassment pursuant to the procedures in 10 USC § 1561, sexual harassment is defined as conduct that constitutes the offense of sexual harassment as punishable under Article 134, UCMJ.

Harassment — Bullying, Hazing, and Retaliation (Article 132 UCMJ)

Bullying

Bullying Definition
Bullying is a form of harassment that includes acts of aggression by a military member or civilian employee with a nexus to military service, with the intent of harming a service member either physically or psychologically, without a proper military or other governmental purpose.

What Bullying Involves

Bullying Involves
Bullying may involve:
  • Singling out of an individual from his or her coworkers, or unit, for ridicule because they are considered different or weak
  • An imbalance of power between the aggressor and the victim

Channels and Settings

Bullying Channels
Bullying can be conducted through:
  • Electronic devices or communications
  • Other means including social media
  • In person

Consent Doesn't Excuse

Bullying Consent Irrelevant
Service members may be responsible for an act of bullying even if there was actual or implied consent from the victim and regardless of the grade or rank, status, or service of the victim.

Universal Prohibition

Bullying Always Prohibited
Bullying is prohibited in all circumstances and environments, including off-duty or "unofficial" unit functions and settings.

Proper Purpose Exception

Bullying Proper Purpose Exception
Bullying does NOT include:
  • Properly directed command or organizational activities that serve a proper military or other governmental purpose
  • Requisite training activities required to prepare for these activities, such as command-authorized physical training

Hazing

Hazing Definition
Hazing is a form of harassment that includes conduct through which military members or civilian employees, without a proper military or other governmental purpose but with a nexus to military service, physically or psychologically injure or create a risk of physical or psychological injury to service members for the purpose of:
  • Initiation into
  • Admission into
  • Affiliation with
  • Change in status or position within
  • A condition for continued membership

…in any military or Department of Defense civilian organization.

Channels and Consent

Hazing Channels
Hazing can be conducted through electronic devices, social media, or in person. Service members may be responsible for an act of hazing even if there was actual or implied consent from the victim.

Universal Prohibition

Hazing Always Prohibited
Hazing is prohibited in all circumstances and environments including off-duty or "unofficial" unit functions and settings.

Proper Purpose Exception

Hazing Proper Purpose Exception
Hazing does NOT include properly directed command or organizational activities that serve a proper military or other governmental purpose, or the requisite training activities required to prepare for these activities, such as:
  • Administrative corrective measures
  • Extra military instruction
  • Command-authorized physical training

Retaliation — Article 132 UCMJ

Retaliation Definition
Retaliation is taking or threatening to take an adverse personnel action against a person, OR wrongfully withholding or threatening to withhold a favorable personnel action with respect to a person, as a result of that person:
  • Reporting a criminal offense
  • Making a protected communication
  • Planning to do either

Protected Communication

Protected Communication Definition
A protected communication is a communication made to:
  • A Member of Congress
  • An Inspector General
  • Certain other authorities

…when the communication discloses evidence of a violation of law or regulation, including:

  • Sexual harassment
  • Unlawful discrimination

Other Protected Disclosures

Other Protected Disclosures
A protected communication may also relate to:
  • Gross mismanagement
  • Fraud, waste, and abuse
  • Substantial danger to public health and safety

Article 132 UCMJ

Retaliation = Article 132 UCMJ
Retaliation is prohibited by Article 132, UCMJ.

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