R 031230Z MAY 21
MARADMIN 238/21
MSGID/GENADMIN/CMC WASHINGTON DC MRA MP//
SUBJ/ANNOUNCING THE RELEASE OF THE MARINE CORPS ORDER 5354.1F PROHIBITED ACTIVITIES AND CONDUCT (PAC) PREVENTION AND RESPONSE POLICY DATED 20 APRIL 2021 AND A 90-DAY TRAINING INSPECTION MORATORIUM//
REF/A/DOC/CMC/20APR21//
AMPN/REF (A) MARINE CORPS ORDER 5354.1F PROHIBITED ACTIVITIES AND CONDUCT PREVENTION AND RESPONSE//
POC/ROBERT RAINES/CIV/MPE/QUAN/TEL: 703-784-9371/DSN: 278-9371/EMAIL: ROBERT.RAINES@USMC.MIL//
GENTEXT/REMARKS/1.  Purpose.  To announce changes to the Marine Corps Prohibited Activities and Conduct (PAC) Prevention and Response Policy and a 90-day training/inspection moratorium.
2.  Background.  This order updates, removes, and aligns existing policy prohibiting harassment (to include hazing, bullying, and sexual harassment), prohibited discrimination (on the basis of race, color, national origin, religion, sex (including pregnancy), gender identity, or sexual orientation, wrongful distribution or broadcasting of intimate images, and certain dissident and protest activity (to include supremacist activity).  The general organization of this Order was modified to create separate chapters that address four distinct topics:  Command Climate Assessments, Complaint Management, Formal Complaint Resolution, and Data Collection and Reporting.  The Order addresses training and education, support services for victims, and tightens accountability.  Violation of the Order may result in punitive action.
3.  Execution.  The entirety of changes are contained in the Order.  The following substantive changes are in effect:
3.a.  Introduction of the new Conflict Management Process - formerly the “informal resolution process”.  Commanders may determine the appropriate resolution for an accepted PAC complaint when it does not require an investigation or inquiry.  The Conflict Management process gives the parties involved an opportunity to seek resolution at the lowest level outside the formal Complaint Resolution process.
3.b.  Introduction of the new NAVMC Form 11512, “PAC Complaint Form” which replaces multiple appendices from the previous Order (B, C, D, F, G, H, and I).
3.c.  As an extension of this policy the PAC Toolkit is introduced as an online resource for program related guidance, templates, and best practices.  The PAC Toolkit contains a new PAC complaint process flowchart.
3.d.  Commanders at the O-5 level and above are granted access to the Discrimination and Sexual Harassment (DASH) reporting system.  Additionally, DASH reports are now only required for complaints accepted for Commander-Directed Complaint Resolution (formal complaints) by the commander.
3.e.  Deputy Commandants, Commanding Generals, general officers in command, and organizations led by Senior Executive Service personnel must conduct a command climate assessment within 120 days of assuming the position and annually thereafter.
3.f.  The first Marine general court-martial convening authority (GCMCA) in the chain of command with administrative control over the convening authority (CA) must track and monitor the aging and life-cycle of complaints.  The GCMCA’s Equal Opportunity Advisor (EOA) or designee must ensure a final DASH report, with the completed NAVMC Form 11512 attached, is submitted to HQMC Opportunity, Diversity, and Inclusion Branch (MPE) within five calendar days of receiving the CA’s notification that all final disposition or adjudication actions are complete.
3.g.  Removal of the mandatory OPREP3-SIR reporting requirement for PAC complaints.  Commanders may determine that an incident which includes an alleged PAC violation requires an additional notification as directed by existing OPREP3/SIR reporting requirements prescribed in MCO 3504.2A (OPREP-3).
3.h.  Removal of retaliation policy as Article 132 Retaliation was added to the Manual for Courts-Martial (2019 Ed.) and retaliatory actions are prohibited by SECNAVINST 5370.7E.  Commanders should consult with their supporting legal advisor or staff judge advocate to determine the appropriate investigative authority for retaliation (ostracism/maltreatment) complaints.
3.i.  Provides guidance on “supervised access” to the completed report of investigation for both the complainant and subject.
3.j.  Adds multiple definitions to the Glossary for Conflict Management, social media, prevention, electronic communication, knowing, reckless, and intentional conduct, protected communications, and retaliatory actions.
4.  PAC annual training (to include EOR courses and related workshops) and PAC inspection requirements are suspended as of the date of this MARADMIN.  This 90-day moratorium is intended to provide leaders time to align training and inspection areas with the new policy requirements.
5.  The subject Order revises MCO 5453.1E and cancels MARADMIN 113/13, 464/13, 242/18, 362/18, 291/19, and 250/20.
6.  Questions concerning this topic can be directed to the POC above.
7.  Release authorized by BGen J. G. Woodworth, Director, Manpower Plans and Policy Division.//