DEFINITION OF

SEXUAL HARASSMENT
A form of gender discrimination that involves
unwelcomed sexual advances, requests for sexual
favors, and other verbal or physical conduct of a
sexual nature when:
 A person’s job, pay, or career placed at risk
 An employee’s employment or career placed in
jeopardy
 It creates an intimidating, hostile, or offensive
work environment

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 QUID PRO QUO

 Latin term meaning, “this for that”

 Conditions placed upon a person’s
career or terms of employment in return for
sexual favors
 Promises of career advancement,
promotions, and other benefits, should the
victim give-in to the sexual advances

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 HOSTILE ENVIRONMENT

 Offensive
 Unwanted
 Unsolicited comments and/or
behaviors of a sexual nature

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 RELATED ELEMENTS OF
SEXUAL HARASSMENT

 IMPACT vs INTENT
 Reasonable person standard

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 SEXUAL HARASSMENT
BEHAVIORS

 Verbal comments
 Nonverbal gestures
 Physical contact

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 SEXUAL HARASSMENT
CHECKLIST

 Is the behavior sexual in nature?

 Is the behavior unwelcome
 Does the behavior create a hostile or
offensive environment?
 Have sexual favors been demanded,
requested, or suggested?

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 VICTIM IMPACT

 Interferes with work performance

 Creates a hostile environment
 Stress
 Fear and anxiety (quid pro quo)
 Less productive

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 TECHNIQUES TO DEAL
WITH SEXUAL HARASSMENT

 Direct approach
 Indirect approach
 Third party
 A letter or memorandum
 Chain of command
 File a formal complaint

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 REPERCUSSIONS OF
SEXUAL HARASSMENT
 Administrative actions
 Mandatory counseling
 Additional training
 Denial of certain privileges
 Rehabilitative transfer
 Letter of admonishment/reprimand
 Relief for cause (OER/NCOER)
 Adverse performance evaluation
 Bar to reenlistment
 Separation

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 STRATEGIES FOR COMBATING
SEXUAL HARASSMENT

 Be proactive!
 Keep soldiers / civilians informed and
educated
 Conduct training
 Outline procedures and policies
 Be familiar with regulations and policies

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 ARMY TRAINING

PREVENTION OF
SEXUAL HARASSMENT
VIDEO

LEVEL 1

VIDEO SLIDE # 1
 POSH VIDEO
TRAINING OBJECTIVES

You Will Learn:

Army Policy On Sexual Harassment
Impact On Personal and Unit Performance
How To Recognize Sexual Harassment

VIDEO SLIDE # 2
 POSH VIDEO
TRAINING OBJECTIVES (Con’t)

You Will Learn:

How To Prevent Sexual Harassment
Informal Resolution Techniques
Sanctions And Laws

VIDEO SLIDE # 3
 DEFINITION

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 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.
VIDEO SLIDE #4
 DEFINITION (Con’t)
The definition of sexual harassment emphasizes that
work-place conduct, to be actionable as "abusive work
environment" harassment, need not result in concrete
psychological harm to the victim, but rather need only be
so severe or pervasive that a reasonable person would
perceive, and the victim does perceive, the work
environment is hostile or abusive.
Any person in a supervisory or command position who
uses or condones any form of sexual behavior to control,
influence, or affect the career, pay, or job of a military
member or civilian employee who makes deliberate or
repeated unwelcome verbal comments, gestures, or
physical contact of a sexual nature in the workplace is also
engaging in sexual harassment.
VIDEO SLIDE #5
 EXAMPLES OF SEXUAL
HARASSMENT
Verbal:
oProfanity, off-color jokes
oSexual comments, threats
oWhistling, barking, grunts, growling, etc.
oPassing rumors of sexual acts or involvement

VIDEO SLIDE #6
 EXAMPLES OF SEXUAL
HARASSMENT

Physical:
Leering, winking
Licking lips, displaying/giving sexually
suggestive pictures or cartoons
Stroking, grabbing, patting, hugging,
pinching, provocatively posing
Cornering or blocking a passageway
Adjusting someone’s clothing without
permission

VIDEO SLIDE #7
 TYPES OF SEXUAL
HARASSMENT
Quid Pro Quo = “This for That”

Submitting to, or rejecting sexual advances

or requests can not be a condition upon which
a person's job, career or upcoming promotion
depends.

VIDEO SLIDE #8
 TYPES OF SEXUAL
HARASSMENT (Con’t)

Unwelcome
Conduct that the soldier, family member or
employee did not elicit or incite, and that he or she
regards as undesirable or offensive
Equal initiation and participation between the
alleged victim and the person he or she is
interacting with
Some victims may feel they have no choice but to
submit
Not necessary to state behavior is unwelcome

VIDEO SLIDE #9
 TYPES OF SEXUAL
HARASSMENT (Con’t)
Hostile Environment
Unwelcome and demeaning sexually related
behavior that creates an intimidating, hostile and
offensive work environment.

VIDEO SLIDE #10

 TYPES OF SEXUAL
HARASSMENT (Con’t)
Hostile Environment
Key Points:
Subtle
One incident or several
Intent of harasser is irrelevant
Perception or impact on harassed person

VIDEO SLIDE #11

 TYPES OF SEXUAL
HARASSMENT (Con’t)
DATING

When do requests for dates constitute sexual

harassment?
•When it is unwelcome
What constitutes unwelcome?
•Repeatedly hearing “no” as an answer
•What constitutes no?

VIDEO SLIDE #12

 TYPES OF SEXUAL
HARASSMENT (Con’t)
OBSESSIVE FOLLOWING BEHAVIOR
STALKING: includes actions of a person
repeatedly following or harassing another person in
a manner to induce in a reasonable person a fear of
sexual battery, bodily injury or death of that person
or a member of that person's immediate family
Stalking is a violation of the UCMJ
Obsessive behavior: such harassment can include
unwanted telephone calls, uninvited visits to
personal quarters, etc.

VIDEO SLIDE #13

 4 QUICK QUESTIONS

Was the behavior or innuendo sexual in nature?

Was the behavior unwelcome?
Does the behavior create a hostile or offensive
work environment?
Have sexual favors been demanded, requested, or
suggested--especially as a condition of employment
or career and job success?

VIDEO SLIDE #14

 ADVICE

Victim of sexual harassment?

Contact your post's Equal Opportunity
Advisor or,
Call the Equal Opportunity Sexual Harassment
Hotline

VIDEO SLIDE #15

 SELF-COPING MECHANISMS

Denial
Blaming Oneself
Joking
Avoidance
Confrontation

VIDEO SLIDE #16

 INFORMAL RESOLUTION
TECHNIQUES

Confront the harasser

Use an intermediary to confront the harasser
Write a letter to the harasser
Maintain a log or diary of incidents
Request sexual harassment training for the unit, or
Report the incident

VIDEO SLIDE #17

 INFORMAL RESOLUTION
TECHNIQUES (Con’t)

Confront the harasser:

Maintain professional demeanor,
Correct behavior, do not personally attack person
Tell the harasser what actions you do not like,
Explain that the action offends you,
Tell the harasser to stop,
State that if the actions persist, you will report
the individual

VIDEO SLIDE #18

 INFORMAL RESOLUTION
TECHNIQUES (Con’t)

Write A Letter To The Harasser:

write down the facts
explain how the inappropriate behavior makes
you feel
state what you think should happen next
keep a copy of the letter and mailed registration
receipt
if needed - make a formal complaint with letter
as proof

VIDEO SLIDE #19

 INFORMAL RESOLUTION
TECHNIQUES (Con’t)
Maintain a log or diary of incidents:
Make notes such as: times, dates, places,
witnesses, and any actions taken to make the
harasser stop
Keep your log out of the office
Do not show you log to anyone
Decide whether to file a complaint, using the log
as evidence or destroy the log

VIDEO SLIDE #20

 INFORMAL RESOLUTION
TECHNIQUES (Con’t)
Request sexual harassment training:
Training to focus on sexually harassing behaviors
being exhibited,
This is a subtle resolution technique,
Makes harassers aware of their inappropriate
behavior.

VIDEO SLIDE #21

 LEGAL SANCTIONS

OFFENSE UCMJ ARTICLE

Making Sexual Comments Art 89: Disrespect Toward
Or Gestures Superior Officer,
Art 91: Insubordinate Conduct
Towards A WO Or NCO,
Art 117: Provoking Speech
And Gestures,
Art 134: Indecent Language,

Offering Rewards For Art 134: Bribery And Graft

Sexual Behaviors

VIDEO SLIDE #22

 LEGAL SANCTIONS (Con’t)

OFFENSE UCMJ ARTICLE

Threatening The Career, Job Art 127: Extortion,
Or Salary Of A Person Unless
He or She “Cooperates”

Engaging In Or Condoning Art 92: Failure To Obey An

Sexual Harassment Order Or Regulation
Behaviors Art 133: Conduct Unbecoming
An Officer

Influencing Or Threatening Art 93: Cruelty And

The Career, Pay Or Job Of Maltreatment
Another Person In Exchange
For Sexual Favors

VIDEO SLIDE #23

 ADMINISTRATIVE SANCTIONS

Counseling
Bar To Reenlistment
Relief For Cause
Negative Performance Evaluation

VIDEO SLIDE #25

 ADMINISTRATIVE SANCTIONS (Con’t)

Letters Of Admonishment And Reprimand

Rehabilitative Transfer
Negative Performance Administrative Reduction
Discharge From Service
Denial Of Certain Privileges

VIDEO SLIDE #26

 WHISTLEBLOWER PROTECTION

Soldiers cannot be reprised against for filing a

complaint of sexual harassment or unlawful
discrimination
Soldiers must submit their complaints to DOD
inspector general for investigation
DOD hotline:
CONUS: 1-800-424-9098
OCONUS: (703) 604-8569

VIDEO SLIDE #27

 REPRISAL
Soldiers shall be free from reprisal for making or
preparing a protected communication (to include
complaints of unlawful discrimination and sexual
Harassment) to a member of congress, an IG, or a
member of a DOD audit, inspection, investigation, or
law enforcement organization or any other person or
organization.

VIDEO SLIDE #28

 REPRISAL (Con’t)
Threats or acts of reprisal forbidden by army and
The Department of Defense policy
Punishable under the UCMJ
Acts of reprisal can come from your co-workers of
those in a supervisory position

VIDEO SLIDE #29

 REASONABLE PERSON
STANDARD
In judging whether the incident is sexual
harassment, it must be viewed from the perspective
of a typical, reasonable third party.
Would a reasonable person find that behavior
hostile, offensive, or intimidating and adversely
affect his/her ability to do his/her work?
The “reasonable person standard” is used by
commanders and the courts to judge whether the
conduct was sexual harassment

VIDEO SLIDE #30

 TRAINING SESSION # 1
The following was covered:
Army policy on sexual harassment
Definition of sexual harassment
Physical and verbal types of sexual harassment
Effect of sexual harassment on unit cohesion and
readiness

VIDEO SLIDE #31

 TRAINING SESSION # 1
The following was covered:
Effect of sexual harassment on individual performance
Four questions
Unwelcome
Reasonable person standard

VIDEO SLIDE #32

 TRAINING SESSION # 1
The following was covered:
Sex vs. Power
Intent vs. Impact
For advice, contact EOA or EO/SH hotline

VIDEO SLIDE #33

 TRAINING SESSION # 2

The following was covered:

EOA’s role as advisor to commander
Definition of sex discrimination
Six informal resolution techniques
Who to file an equal opportunity complaint with

VIDEO SLIDE #34

 TRAINING SESSION # 2

The following was covered:

Definition Of Reprisal
Military Whistleblower Protection Directive

VIDEO SLIDE #35

 TRAINING SESSION # 3

The Following Was Covered:

Sexual Harassment Punishable Under The UCMJ Or
Administrative Punishment
Administrative Actions That May Be Taken
Totality Of Circumstances
Immediately Report Acts Of Sexual Harassment
Immediately Report Acts Of Obsessive Following
Behavior

VIDEO SLIDE #36