R 261720Z FEB 24
MARADMIN 092/24
MSGID/GENADMIN/CMC/CMC WASHINGTON DC MRA MP//
SUBJ/INTERMIN GUIDANCE ON THE IMPLEMENTATION OF CONFIDENTIAL REPORTING OPTION FOR SEXUAL HARASSMENT//
REF/A/MSGID:DOC/CONGRESS/YMD:20210101//
REF/B/MSGID:SECDEF/YMD:20230614//
REF/C/MSGID:DOC/DOD/YMD:20221220//
REF/D/MSGID:DOC/SECNAV/YMD:20200528//
REF/E/MSGID:DOC/SECNAV/YMD:20230609//
REF/F/MSGID:DOC/SECNAV/YMD:20210420//
REF/G/MSGID:DOC/CMC WASHINGTON DC/YMD:20210420//
POC/J. MORALES/CIV/MPE/TEL: 703-784-9371/EMAIL: JACQUELINE.MORALES@USMC.MIL//
NARR/REF A IS TITLE 10, UNITED STATES CODE, SECTION 1561B, CONFIDENTIAL REPORTING OF SEXUAL HARASSMENT. REF B IS THE UNDER SECRETARY OF DEFENSE (SECDEF) MEMO FOR INTERIM PROCESSES FOR CONFIDENTIAL REPORTING OF SEXUAL HARASSMENT. REF C IS DODI 1020.03, HARASSMENT, PREVENTION AND RESPONSE IN THE ARMED FORCES. REF D IS 5300.26E, DEPARTMENT OF THE NAVY POLICY ON SEXUAL HARASSMENT. REF E IS THE SECRETARY OF THE NAVY DON POLICY REGARDING SUPPORT SERVICES FOR VICTIMS OF SEXUAL HARASSMENT. REF F IS ALNAV 024/22, INTERIM POLICY GOVERNING INVESTIGATION OF FORMAL SEXUAL HARASSMENT COMPLAINTS UNDER TITLE 10 U.S.C. 1561. REF G IS MCO 5354.1F, PROHIBITED ACTIVITIES AND CONDUCT.//
GENTEXT/REMARKS/1. Purpose. This MARADMIN announces the interim guidance for the implementation of the confidential reporting option for sexual harassment, as directed in references (a) and (b). This MARADMIN does not apply to sexual assault reports.
2. Background. Reference (a) requires the Secretary of Defense (SECDEF) to prescribe a process by which a service member may confidentially report sexual harassment to an individual outside of the chain of command. Reference (b) directs the United States Marine Corps to provide interim guidance while overarching regulations are being developed. The purpose of confidential reporting of sexual harassment is to allow a service member to access the support and referral services outlined in reference (a), (b), and (e).
3. Designated Reporting Personnel. The Military Equal Opportunity (MEO) Program, Equal Opportunity Advisors (EOA) are the designated personnel to report and complete all intakes for all forms of sexual harassment where the complainant is a service member. Civilian complainants are required to report via the Equal Employment Opportunity Office.
4. Action Date. Effective immediately, a service member may confidentially report a complaint of sexual harassment to a designated individual/entity outside of their immediate chain of command. Immediate chain of command refers to their section, company, battalion/squadron/O5-O6 command equivalent leadership.
5. Reporting Options. Service members have the following reporting options for sexual harassment: formal, informal, anonymous, and confidential. All four reporting options must be reported within 90-days of the last incident.
5.a. A formal complaint of sexual harassment is when the service member submits a signed NAVMC 11512 to the EOA. A commander or person in charge of the organization may convert an informal complaint if it is determined that the allegation of the informal complaint warrants an investigation. Investigations of formal complaints of sexual harassment will comply with reference (f).
5.b. An informal complaint of sexual harassment is when the service member is requesting that their sexual harassment allegation be handled at the lowest level through conflict management. This resolution shall comply with reference (c).
5.c. An anonymous complaint of sexual harassment is when anonymous information is received by the commander, or other person, regardless of means of transmission, from an unknown or unidentified source, that includes allegations of sexual harassment. The individual is not required to divulge any personally identifiable information. Anonymous complaints of sexual harassment will be documented with a Memorandum for the Record. If the anonymous complaint contains sufficient information that would permit the initiation of an investigation, the commander shall treat it as a formal compliant per reference (c).
5.d. Confidential reporting of sexual harassment is when the service member submits a signed NAVMC 11512 to the EOA. A confidential report of sexual harassment can only be disclosed to an EOA, healthcare personnel or other victim service provider that has confidentiality. A confidential report will allow the service member to obtain a safety assessment, counseling, referrals, and other eligible services, but will not be investigated.
6. Commander’s Confidential Reporting Role. If the commander becomes aware of a confidential report of sexual harassment, the commander cannot initiate an investigation or disciplinary action.
7. Process. Confidentiality is the act of protecting a complainant’s information and incident details. Confidential communications can be oral, written, or electronic communications. When a service member approaches an EOA to discuss a confidential report of sexual harassment, the EOA must:
7.a. Maintain the confidentiality of the service member even if the service member does not file an official report.
7.b. Per reference (c), explain confidentiality as it relates to the confidential report of sexual harassment as defined by paragraph 5.d and 7.
7.c. Explain all avenues of redress and the differences between them, including how a complaint may be investigated (if applicable), and how to file a complaint as per paragraph 5.
7.d. Complete the approved safety assessment and planning tool with the complainant. The safety assessment will be maintained with the NAVMC 11512, and the planning tool will remain with the complainant.
7.e. Per reference (a), confidentiality will not be maintained when there is a clear and present risk to the health or safety of the complainant or others. Per reference (e), when a safety concern is identified, the EOA will document the safety concern and the concern will be forwarded to the command for action.
7.f. Identify counseling support or referral services available to the service member.
8. Per reference (e), if the alleged sexual harassment also involves an allegation of sexual assault, including sexual contact, the EOA must, with the service member’s permission, ensure a warm hand-off is conducted to the appropriate victim service personnel.
8.a. EOAs are not authorized to make notifications to law enforcement or commands unless an exception that is listed in paragraph 7.e is present. The EOA shall consult with the SJA, using non-PII, to make the appropriate determination. Once the exception has been determined, the EOA will advise the complainant that an exception to confidentiality applies, and notification will be made to law enforcement or command.
8.b. Per reference (b), Sexual Assault Prevention and Response (SAPR) Program personnel, if approached by the service member or via a warm hand-off, will explain available sexual assault reporting options and participation in the Catch a Serial Offender Program.
8.c. If the service member did not consult with an EOA prior to reporting to SAPR personnel in connection with a complaint of sexual harassment, SAPR personnel may refer the service member, with their permission, to the EOA for submission of a confidential sexual harassment report.
8.d. If a service member discloses a sexual assault to the EOA, the EOA is authorized to maintain confidentiality and the service member is still eligible for a restricted report of sexual assault.
9. EOA Documentation for confidential reporting of sexual harassment. The EOA will conduct the required intake procedures and utilize the NAVMC 11512 for documentation. The following fields on the NAVMC 11512 must be completed: name, rank, unit, EDIPI, phone number, email, nature of complaint, requested remedy/outcome, complainant acknowledgement, and complainant signature.
9.a. EOAs will provide a copy of the NAVMC 11512 to the complainant and forward the original to the MEO points of contact (POC) listed on the MPE webpage through DoD Safe. In the event the EOA cannot utilize DoD Safe, the EOA will then provide the original NAVMC 11512 via an encrypted email to all the MEO POCs listed on the MPE webpage.
9.b. Once receipt of the NAVMC has been acknowledged, the EOA will properly discard all copies to maintain confidentiality.
10. Conversion. Per reference (g), the complainant has the option to convert their confidential report of sexual harassment to either an informal or formal complaint within 90 days of the last incident.
10.a. Prior to the end of the 90 days from the last incident reported, a notification will be made to the complainant informing them that the 90-day window is closing, and their option to convert. The notification will be annotated within the database as well as the decision to convert. On the 91st day (or next duty day) from the last incident, the case will be closed.
11. For additional information contact the Marine Corps Military Equal Opportunity Advice line at (844) 818-1674 or via email at MPE_EO@usmc.mil.
12. This MARADMIN is applicable to the Marine Corps Total Force.
13. This MARADMIN will remain in effect for a period of two years or until it is superseded or canceled, whichever occurs first.
14. Release authorized by Lieutenant General, James F. Glynn, Deputy Commandant for Manpower and Reserve Affairs.//