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AFH 1 · Chapter 20 · Section 20.20

Military Equal Opportunity Complaint Process

Part of Customs, Courtesies, and Tradition · 2 sections · ~571 words · WAPS PFE study material

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Military EO Complaint Process — Eligibility and Informal Procedures

Who May File

Military EO Eligibility
Only military personnel, their family members, and retirees may file military Equal Opportunity complaints.

Subject Requirement

Subject Requirement
To file a complaint, the individual must be the subject of the alleged unlawful discrimination or sexual harassment.

No Third-Party Complaints

No Third-Party Complaints
Third parties, to include commanders, supervisors, or co-workers, may NOT file a complaint on behalf of another individual.

Third-Party Referral

Third-Party Referral to CoC
The Equal Opportunity office will refer all third party individuals who are aware of specific allegations of military Equal Opportunity policy violations to their respective chain of command.

Excluded Concerns

Excluded EO Concerns
The Equal Opportunity office will NOT accept military complaints from military members, family members, or retirees if the concerns are related to:
  • Off-base employment
  • Department of Defense civilian employment

Military Informal Complaint Procedures

Informal Purpose
The purpose of the military informal complaint process is to attempt resolution at the lowest possible level.

Informal Resolution Methods

Informal Methods
To informally resolve unlawful discrimination and sexual harassment complaints, individuals may:
  • Orally address the alleged offender
  • Prepare written correspondence to the alleged offender
  • Request intervention by a coworker
  • Opt to use the alternate dispute resolution process
  • Use the chain of command, such as requesting assistance from:
  • Supervisor
  • First sergeant
  • Commander

No Time Limit / No Approval

No Time Limit Informal
There is NO time limit for filing informal complaints and NO requirement for commander approval before accepting informal complaints.

Military EO Complaint Process — Formal Procedures (60-Day Window)

Formal Complaint Purpose

Formal Complaint Purpose
The purpose of the military formal complaint process is to enable military members, retirees, and their family members to formally present allegations of unlawful discrimination to the Equal Opportunity office with the goal of attempting resolution through a complaint clarification process.

Complaint Clarification Process

Clarification Definition
The complaint clarification process involves gathering information regarding a formal military complaint or hotline complaint to determine whether a 'preponderance of evidence' exists to demonstrate that unlawful discrimination occurred.

What Clarification Includes

Clarification Includes
The complaint clarification includes:
  • Interviewing or taking statements from:
  • Complainants
  • Potential witnesses
  • Alleged offenders
  • Anyone else who may have information relevant to the case

Other Investigations

Other Investigations
The Equal Opportunity office may use information gathered from other investigations in conjunction with, but NOT in lieu of, their own clarification process to establish a preponderance of credible evidence.

Legal Sufficiency Review

Legal Sufficiency Review
The clarification results are forwarded to the Staff Judge Advocate for a legal sufficiency review.

Final Action

Final Action by Cmdr
Once the review is complete, the alleged offender's commander receives the complaint for final action, if appropriate.

60-Day Filing Window

60-Day Formal Filing
Military formal complaints must be filed within 60 calendar days of the alleged offense.

Time Limit Waiver

Time Limit Waiver
The installation commander may waive the time limits for good cause based on a memorandum with sufficient justification provided by the complainant and submitted through the Equal Opportunity office.

Sexual Harassment Referral

SH Referred to SF
Formal complaints of sexual harassment are referred to security forces (SF) for an independent investigation pursuant to the procedures in 10 United States Code (USC) § 1561.

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