FILING AN INFORMAL COMPLAINT OF SEXUAL HARASSMENT

FILING AN INFORMAL COMPLAINT OF SEXUAL HARASSMENT
Informal complaints of sexual harassment involve less severe or egregious incidents
that can be resolved by the individual, with the help of another, and/or by the
commander or other authority. Typically, these involve something a complainant
believes can be resolved through discussion, problem identification, counseling, and/or
clarification of the issues. Initiating an informal complaint does not require the
complainant to submit anything in writing and is not subject to timelines. These cases
are typically not required to be reported to higher headquarters, but aggregate data are
sometimes reported to major commands. While those involved try to promote
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confidentiality throughout, it is not guaranteed or promised.
For Military Personnel Appendix D of Army Regulation 600-20 (Army Command
Policy) describes the informal complaint process.
Civilian employees file an informal following procedures outlined in AR 690-600 (Equal
Employment Opportunity Discrimination Complaints).
FILING A FORMAL COMPLAINT OF SEXUAL HARASSMENT
Formal complaints for DA Civilians, former employees, or applicants seeking
employment, and certain contract employees are handled through the EEO complaint
process. Details of the complaint process for Civilian personnel filing a complaint are
found in AR 690-600 (Equal Employment Opportunity Discrimination Complaints).
Details for military personnel filing a complaint are found in Appendix D of Army
Regulation 600-20 (Army Command Policy) and follow the same procedures as an
Equal Opportunity complaint.
FORMAL MILITARY COMPLAINTS
The formal military complaint requires use of DA Form 7279 (Equal Opportunity
Complaint Form), and claimants must swear to the accuracy of their allegations. The
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process contains specific timelines, and commands are required to include specific
documentation. All formal sexual harassment complaints are reportable to higher
headquarters.
Military complainants have 60 calendar days from the date of the alleged incident to
file a formal complaint. If the complaint is submitted after the 60-day window, a
commander may still elect to investigate the claim. Normally he/she would consider
the reason for the delay, the availability of witnesses, and whether a full and fair
inquiry or investigation can be conducted.
All formal complaints are reported within three calendar days of the commander's
receipt of the complaint to the first General Court-Martial Convening Authority in the
chain of command. During those first three days, the commander/or other agency
handling the complaint determines whether he/she can handle the complaint at their
level or need to refer it to the appropriate commander or agency.
Within 14 days, the commander/agency conducts an inquiry or investigation and
provides feedback to the complainant. If an inquiry or investigation cannot be
completed within 14 calendar days, or (three MUTA 4 drill periods for Reserve
Component (RC) Soldiers), an extension of a maximum of 30 calendar days or (two
MUTA 4 drill periods for RC Soldiers) may be approved by the next higher echelon
commander.
The complainant has seven days from the date of notification of the results of the
investigation (at the next MUTA 4 drill period for RC personnel) to submit an appeal.
The appeal must be in writing on DA Form 7279, along with a brief statement
describing the reason for the appeal. Actions(s) taken against the subject, if any,
may not be appealed. Once the appeal is initiated by the complainant, the
commander has three calendar days (or one MUTA 4 drill period for the RCs) to
refer the appeal to the next higher unit commander. The commander to whom the
appeal is made has 14 calendar days (or three MUTA 4 periods for the RCs) to
review the case and act on the appeal (that is, approve it, deny it, or conduct an
additional investigation). Not later than the 14th calendar day following receipt of the
appeal (or appropriate RC timelines), the commander will provide written feedback,
consistent with Privacy Act and FOIA limitations, to the complainant on the results of
the appeal. This process applies equally to subsequent appeals submitted through
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the chain of command. Complaints that are not resolved at brigade level may be
appealed to the GCMCA. Decisions at this level are final. The formal complaint
process is found in Appendix D of AR 600-20.
FORMAL CIVILIAN EMPLOYEE COMPLAINTS
The complainant must contact an EEO Counselor within 45 calendar days of an alleged
discriminatory action.
The EEO Counselor will try to resolve the matter informally within 30 calendar days from
the date of the initial interview with the Complainant. Counseling may be extended up to
60 additional days, upon agreement of complainant and EEO Office, or if an established
Alternative Dispute Resolution (ADR) procedure is utilized.
A complainant may file a written formal complaint with the EEO Office, servicing EEO
Office or Agency Head, within 15 calendar days after the final interview with the EEO
counselor.
If the complaint is accepted by the EEO Officer, an investigator is assigned to collect all
relevant information. If portions of the complaint are dismissed, the complainant will be
provided, in writing, the reason(s) for dismissal and informed of his/her right to appeal
the decision.
The DOD IRD (Investigations Resolutions Division - EEO Investigations and
Resolutions) is required to complete the investigation within 180 days from the filing of
the formal complaint, with a possible extension of 90 additional days, upon mutual
agreement. After the investigation, the complainant may request a Final Army Decision
or a hearing by Equal Employment Opportunity Commission. (The complainant may
also request a hearing after 180 days has elapsed from the filing of the complaint, if the
investigation has not been completed.)
If complainant requests a Final Army Decision, the DA Equal Employment Opportunity
Compliance and Complaints Review Agency (EEOCCR) or the applicable DoD Agency
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Head issues the department's decision on the complaint. The decision is issued within
60 days.
If complainant requests a hearing by the EEOC, an EEOC Administrative Judge (AJ)
conducts a hearing and submits his/her findings and conclusions within 180 days of the
request. If the agency does not issue a final order within 40 days of receipt of the AJ's
decision, the AJ's decision becomes the final action of the agency.
If the complainant is dissatisfied with the Final Army Decision, he/she may appeal to
EEOC's Office of Federal Operations (OFO) or file a civil action in a U.S. District Court.
If the complainant is dissatisfied with OFO's decision, he/she may request reopening
and reconsideration by EEOC or may file a civil action in a U.S. District Court.
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