R 191846Z DEC 24
MARADMIN 622/24
MSGID/GENADMIN/CMC WASHINGTON DC MRA MP//
SUBJ/1 JANUARY 2025 SEXUAL HARASSMENT UPDATES REGARDING 
INVESTIGATIVE OFFICERS, MANDATORY INITIATION OF ADMINISTRATIVE
SEPARATION FOR ALL SUBSTANTIATED SEXUAL HARASSMENT COMPLAINTS, 
AND IMPLEMENTATION OF THE BEHAVIORAL INTERVENTION AND 
PROFESSIONAL RESET PROGRAM//
REF/A/MSGID: DOC/SECDEF SEXUAL HARASSMENT MEMO DTD 22 SEP 21//
REF/B/MSGID: DOC/TITLE 10 U. S. C. 1561//
REF/C/MSGID: DOC/MCO 5354.1G//
REF/D/MSGID: DOC/DODI 1020.03//
REF/E/MSGID: DOC/IRC-SAM FINAL REPORT//
REF/F/MSGID: DOC/DODI 5503.03//
NARR/ REF A IS THE SECDEF SEXUAL HARASSMENT MEMO IMPLEMENTING IRC 
RECOMMENDATIONS.  REF B IS THE COMPLAINTS OF SEXUAL HARASSMENT 10 
U. S. C. 1561.  REF C IS THE MCO 5354.1G, “PROHIBITED ACTIVITIES 
AND CONDUCT PREVENTION AND RESPONSE POLICY”.  REF D IS THE DOD 
HARASSMENT PREVENTION AND RESPONSE IN THE ARMED FORCES.  REF E IS
THE INDEPENDENT REVIEW COMMISSION ON SEXUAL ASSAULT WITHIN THE 
MILITARY (IRC-SAM) FINAL REPORT.  REF F IS THE INITIATION OF 
INVESTIGATIONS BY DEFENSE CRIMINAL INVESTIGATIVE ORGANIZATIONS.//
POC/J. K. MORALES/GS13/MRA/MPE/TEL: 703-784-6160/  
JACQUELINE.MORALES@USMC.MIL//
POC/G. BENAVIDES/MGYSGT/MRA/MPE/TEL:703-784-0581/
EMAIL: GRISELDA.BENAVIDES1@USMC.MIL//
POC/A. EVANS/LTCOL/JAD/JMJ/TEL: 703-693-9005/  
ALBERT.EVENS@USMC.MIL//
POC/J. OCKERT/MAJ/JAD/JMJ/TEL:703-693-9299/
EMAIL: JOSHUA.OCKERT@USMC.MIL//
GENTEXT/REMARKS/1. This Marine Administrative Message (MARADMIN) 
announces critical updates to formal sexual harassment (SH) 
complaints regarding Investigating Officers (IO), mandatory
initiation of administrative separation for all formal 
substantiated SH complaints, and the implementation of the 
Behavioral Intervention and Professional Reset Program (BIPR).  
2. Background. Per policy change on Sexual Harassment within the
Military, reference (a) now requires independent, trained 
investigators for all formal SH complaints and mandatory initiation 
of involuntary separation processing for all formal substantiated SH 
complaints. The Department of the Navy’s (DON) goal is to reform how 
allegations of SH are investigated and how the DON holds offenders 
accountable, including revising the administrative separation 
process for substantiated SH complaints committed by Sailors and 
Marines.  
a.  Pursuant to reference (b), “The term ‘sexual harassment’ means 
conduct that constitutes the offense of SH as punishable under 
[Article 134] pursuant to the regulations prescribed by the 
Secretary of Defense.” To be considered SH under Article 134, a 
complaint must include an accusation that the accused knowingly
made sexual advances, demands, or requests for sexual favors, or
knowingly engaged in other conduct of a sexual nature, and that 
such conduct was unwelcome.  
b.  Pursuant to reference (c), Marines and Sailors filing a 
complaint of SH are afforded the right to file an anonymous, 
informal, formal, or confidential report of SH with their servicing
Equal Opportunity Advisor (EOA). 
3.  The United States Marine Corps remains committed to ensuring all
IOs receive proper training.  All independent investigators of SH, 
other than Naval Criminal Investigative Service (NCIS) 
investigators, will consult with the appointing authority’s 
cognizant Staff Judge Advocate (SJA) prior to conducting, and 
upon completion of, an investigation involving an 
allegation of SH.  
4. Per reference (c), as of 1 January 2025, SH complaints may be 
disclosed to the commander, a supervisor, the Office of the Marine
Corps Inspector General, or NCIS and shall be forwarded to the 
servicing EOA for official processing of a formal SH complaint.  
Once a formal complaint is received, the commander, commanding 
officer, or officer-in-charge, who receives a formal SH complaint 
shall, within 72-hours, forward such complaint to the next 
higher-level commander (NHLC) that is in the grade of O-6 or above, 
in the chain of command.  If the NHLC is not authorized to convene a 
general court-martial, the commander who received the formal SH 
complaint shall, within 72 hours of receiving the complaint, notify
the next superior officer in the chain of command who is authorized 
to convene a general court-martial by providing a copy of the 
complaint or a detailed description of the allegation, as well as 
the name and contact information of the NHLC to whom the complaint 
was forwarded for investigation.
a.  The NHLC shall, within 72 hours of receipt of the complaint, 
forward the complaint to their servicing NCIS office for processing.  
The authority to forward formal SH complaints to NCIS for assignment 
of an SH investigator may not be delegated below the O-6 level. 
b.  Upon receipt of a completed investigation where the most recent 
offense was alleged to have occurred before 1 January 2025, the NHLC
who referred the complaint to NCIS will take administrative or 
disciplinary action.
c.  Upon receipt of a completed investigation where the most recent 
offense was alleged to have occurred on or after 1 January 2025, 
with the assistance of a servicing SJA, the NHLC who forwarded the
complaint to NCIS will determine whether the allegation is 
substantiated or unsubstantiated by a preponderance of the evidence.  
d.1.  Commanders will consult with their SJA prior to determining if
the allegation is substantiated or unsubstantiated. d.2.  If the 
commander determines that the formal SH complaint has been 
substantiated by a preponderance of the evidence, the commander will 
immediately forward the complaint to the servicing Office of Special 
Trial Counsel (OSTC) as a covered offense.  Commanders may not act 
on a substantiated formal complaint that meets the elements of SH, 
unless deferred back to the commander by the OSTC.  The NHLC’s 
substantiation is not binding on the OSTC during its deliberative 
process.
e.  If the commander determines that the formal SH complaint has not 
been substantiated by a preponderance of the evidence, the commander 
will consult with the cognizant SJA. 
f.  Per reference (d), to the extent practicable, the NHLC must 
provide their General Courts-Martial Convening Authority a final 
report within 20 days of the commencement of the investigation or an 
interim update every 14 days until the investigation is completed. 
5. BIPR Program. In alignment with reference (e), the DON will 
implement the BIPR Program and issue additional guidance via an 
upcoming All Navy (ALNAV) message and MARADMIN.  The BIPR Program 
offers Service members a second opportunity for positive career 
development by educating them on the impact of their behavior on 
others.  It encourages accountability, provides tools for 
behavioral improvement, and fosters essential life skills, 
including healthy relationships, effective communication, and the 
ability to recognize and set boundaries.
a.  BIPR is not authorized for cases that include:
a.1.  Quid pro quo.
a.2.  Rank differential of two or more grades of the subject over 
complainant.
a.3.  A victim who is in a subordinate position (technical or 
supervisory) to the subject.
a.4.  Unwanted physical contact of a sexual nature which, if charged 
as a violation of the UCMJ, could result in a punitive discharge. 
a.5.  The subject has a prior substantiated SH or discriminatory 
behavior case.
b.  If the subject does not complete the BIPR Program 
satisfactorily, the commander must initiate involuntary 
administrative separation processing.
c.  If the subject completes the BIPR Program satisfactorily, the 
subject will no longer be processed for separation based solely on 
the substantiated incident of SH.
6.  Additional guidance will be provided pending the updates to 
reference (b), reference (d) and reference (f).
7.   The ALNAV for SH investigations and DON BIPR policy can be 
found at https://www.manpower.marines.mil/Plans-and-Policies/
Manpower-Plans-and-Policy/Culture-and-Inclusion-MPE/Military-Equal
-Opportunity once published.//
8.  Release authorized by Brigadier General David R. Everly, 
Director, Manpower Plans and Policy Division, Manpower and 
Reserve Affairs.//