ALMARS : 062/98
R 301600Z JAN 98 ZYB
FM CMC WASHINGTON DC//MP//
TO ALMAR
BT
***THIS IS A 2 PART MSG COLLATED BY MRS***
UNCLAS //N05354//
ALMAR 062/98
MSGID/GENADMIN/CMC/MPE//
SUBJ/MCO P5354.1C CH 1, MARINE CORPS EQUAL OPPORTUNITY MANUAL (EOM)//
POC/W. WILBER/MGYSGT/PRIPHN:(703)693-2565/-/DSN 223-2565/-/-//
RMKS/1. PURPOSE. TO DIRECT PEN CHANGES TO THE BASIC ORDER.
2. ACTION
A. PAGE 1, CHANGE REFERENCE (B) TO READ "SECNAVINST 5350.14"
VICE "SECNAVINST 5350.10." ADD NEW "REFERENCE (C) SECNAVINST
5354.1."
B. PAGE 2-3, PAR 2000.6 FIRST SENTENCE, CHANGE "EVERY 6
MONTHS" TO READ "ANNUALLY."
C. PAGE 2-4, PAR 2000.8 DELETE IN ITS ENTIRETY AND REPLACE
WITH THE FOLLOWING: "2000.8. COMMANDERS DOWN TO THE
BATTALION/SQUADRON LEVEL WILL DESIGNATE, IN WRITING, AN EO
REPRESENTATIVE (EOR). THE EOR MAY BE AN OFFICER AND/OR SNCO, WITH
HIGH MORAL QUALITY, MOTIVATION, AND EXPERIENCE. A VOLUNTEER WOULD BE
THE IDEAL CANDIDATE, HOWEVER, IN THE ABSENCE OF A VOLUNTEER, THE
COMMANDER MUST ENSURE THE EOR IS FULLY CAPABLE OF DEALING WITH
ISSUES THAT MAY BE SENSITIVE IN NATURE. UPON DESIGNATION, THE EOR(S)
MUST BE ASSIGNED FOR A MINIMUM OF ONE YEAR, AND ATTEND INDOCTRINATION
TRAINING BY AN EOA. EORS WILL ATTEND QUARTERLY EOR TRAINING PROVIDED
BY A LOCAL EO ADVISOR."
D. PAGE 3-4, PAR 3002.4. REPLACE FIRST SENTENCE WITH THE
FOLLOWING: "COMMANDERS SHALL ASSESS THEIR COMMAND EQUAL OPPORTUNITY
CLIMATE WITHIN 90 DAYS UPON ASSUMPTION OF COMMAND."
E. PAGE 3-5, PAR 3004.2. LINE 2, DELETE THE WORDS "MARINE
REPORTING UNITS" AND REPLACE WITH THE WORD "COMMANDERS." AFTER THE
FIRST SENTENCE, DELETE THE REMAINDER OF THE PARAGRAPH.
F. PAGE 3-5, PAR 3004.3. DELETE THE WORDS "SEMI-ANNUAL AND,"
CAPITALIZE THE WORD "ANNUAL." CHANGE THE WORDS IN PARENTHESES TO
READ "(SEE APPENDIX A)."
G. PAGE 3-10, PAR 3009.8. DELETE IN ITS ENTIRETY.
H. PAGE 4-4, PAR 4000.11. LINE 5, DELETE "OR" AFTER "ARTICLE
138 OF UMCJ," REPLACE "OF" WITH "OR" AFTER "NAVY REGULATIONS,."
I. PAGE 4-4, PAR 4001.A. LINE 2, REPLACE "MUST" WITH "SHOULD."
J. PAGE 4-5, PAR 4001.E. DELETE THE WORD "FINAL."
K. PAGE 4-5, ADD NEW PAR 4001.F AS FOLLOWS: "4001.F. FOR THE
PURPOSE OF A FINAL DASH REPORT; A COMPLAINT IS CONSIDERED FINAL WHEN
THE INVESTIGATION IS COMPLETE AND THE COMMANDER MAKES THE
DETERMINATION ON THE VALIDITY (SUBSTANTIATED/UNSUBSTANTIATED) OF THE
COMPLAINT. IF THE CASE IS REFERRED TO NONJUDICIAL PUNISHMENT,
COURTS-MARTIAL AND/OR ADMINISTRATIVE SEPARATION PROCEEDINGS, THE
FINAL OUTCOME OF THOSE ACTIONS WILL BE UPDATED TO CMC (MPE) VIA DASH
WHEN THEY OCCUR."
L. PAGE 4-5, PAR 4002.1.B. LINE 3, DELETE "OR ANY ALLEGATION."
M. PAGE 4-6, DELETE PARAGRAPH 4002.3.C IN ITS ENTIRETY. CHANGE
PARAGRAPH "4002.3D" TO READ "4002.3C."
N. PAGE 4-6, PAR 4003.1.E. FIRST SENTENCE, AFTER "ARE REVIEWED"
INSERT "BY THE STAFF JUDGE ADVOCATE." SECOND SENTENCE, AFTER
"COMMAND LEVEL" ADD "BY THE COMMAND EQUAL OPPORTUNITY ADVISOR."
O. PAGE 4-7, PAR 4003.1.F.(3). DELETE THE LAST TWO SENTENCES OF
THE PARAGRAPH AND REPLACE WITH THE FOLLOWING: "CO WILL THEN REPORT
INCIDENT PER PARAGRAPH 4000.11 OF THIS MANUAL."
P. PAGE 4-8, PAR 4003.1.(F).(10). AFTER SECOND SENTENCE ADD
THE FOLLOWING SENTENCE "COMPLAINANT AND SUBJECT(S) OF THE COMPLAINT
WILL RECEIVE COMPLETED COPIES OF THE COMPLAINT FORM AND, IN
SUBSTANTIATED CASES, RECEIVE EITHER COPIES OF THE INVESTIGATIVE
RESULTS, OR A SUMMARY OF THE COMPLETED INVESTIGATION, CONSISTENT WITH
THE PRIVACY ACT."
Q. PAGE 4-9, PAR 4003.1.F.(11). ADD THE FOLLOWING SUBPARAGRAPH:
"(F) A WRITTEN RECORD OF THE FOLLOW-UP WITH THE COMPLAINANT 30-45
DAYS FROM RESOLUTION OF THE CASE SHALL BE MAINTAINED BY THE COMMANDER
HANDLING THE CASE. COMMAND FOLLOW-UP WILL INCLUDE A DETERMINATION OF
COMPLAINANT SATISFACTION WITH THE EFFECTIVNESS OF CORRECTIVE ACTION,
TIMELINESS, AND PRESENT COMMAND CLIMATE."
R. APPENDIX A AT TOP OF PAGE A-1, REPLACE "SEMI-ANNUAL" WITH
"ANNUAL." DELETE "TOTAL MINORITY AND TOTAL WOMEN" COLUMNS FROM ALL
PAGES IN APPENDIX A. IN SECTIONS II A. AND II B. REPLACE THE WORD
"SELECTED" WITH "NOT RECOMMENDED." DELETE SECTIONS II C AND VIII C.
IN ITS ENTIRETY. RENUMBER ROMAN NUMERALS SEQUENTIALLY.
S. APPENDIX B. DELETE THE FOLLOWING NOTE AT THE BOTTOM OF THE
PAGE: "** TO INCLUDE PERSONNEL UNDERGOING TRAINING." DELETE ALL "**"
MARKS FROM THE PAGE. ADD THE FOLLOWING TO THE LIST OF UNITS:
MARINE SUPPORT BATTALION
MARINE CORPS ADMINISTRATION, AVIATION, AND OTHER DETACHMENTS
WHICH HAVE A "COMMANDING OFFICER" ON THE T/O.
T. APPENDIX D. AT THE TOP OF PAGE D-9, IN THE BOXED TEXT,
DELETE THE THIRD SENTENCE.
U. APPENDIX E. UNDER PAR 1.B., CHANGE "G-1" TO "COMMAND
INSPECTOR."
V. APPENDIX F. ADD THE FOLLOWING DEFINITIONS ACCORDINGLY:
2A. ANTI-SEMITISM - HOSTILITY TOWARD OR DISCRIMINATION
AGAINST JEWS AS A RELIGIOUS OR RACIAL GROUP."
8A. COMPLAINT - AN ALLEGATION OF UNLAWFUL DISCRIMINATION
BASED ON RACE, COLOR, NATIONAL ORIGIN, RELIGION, OR SEX.
INFORMAL COMPLAINT - ALLEGATION OF UNLAWFUL
DISCRIMINATION OR SEXUAL HARASSMENT, MADE EITHER ORALLY OR IN
WRITING, THAT IS RESOLVED UTILIZING THE INFORMAL RESOLUTION SYSTEM.
FORMAL COMPLAINT - ALLEGATION OF UNLAWFUL DISCRIMINATION
OR SEXUAL HARASSMENT THAT IS SUBMITTED VIA REQUEST MAST, CHARGE
SHEET, CONGRESSIONAL INQUIRY, DON OR IGMC COMPLAINT LINE, ARTICLE
138 OF THE UCMJ, ARTICLE 1150 OF THE NAVY REGULATIONS, OR INITIATION
OF ADMINISTRATIVE OR CRIMINAL INVESTIGATION.
8B. COMPLAINANT - A PERSON WHO SUBMITS ALLEGATIONS OF
UNLAWFUL DISCRIMINATION OR SEXUAL HARASSMENT.
25A. LEGAL SUFFICIENCY REVIEW - THE REVIEW OF AN
INVESTIGATION INTO A FORMAL COMPLAINT OF UNLAWFUL DISCRIMINATION OR
SEXUAL HARASSMENT TO DETERMINE WHETHER:
A. THE INVESTIGATION COMPLIES WITH ALL APPLICABLE
LEGAL AND ADMINISTRATIVE REQUIREMENTS;
B. THE INVESTIGATION ADEQUATELY ADDRESSES THE MATTERS
COMPLAINED OF;
C. THE EVIDENCE SUPPORTS THE FINDINGS OF THE
INVESTIGATING OFFICER OR BOARD;
D. THE CONCLUSIONS AND RECOMMENDATIONS OF THE
INVESTIGATING OFFICER OR BOARD ARE CONSISTENT WITH THE FINDINGS; AND,
E. ANY ERRORS OR IRREGULARITIES EXIST, AND, IF SO,
THEIR LEGAL EFFECT, IF ANY.
29A. PROTECTED COMMUNICATION - LAWFUL COMMUNICATION TO A
MEMBER OF CONGRESS, AN IG, OR TO ANY OTHER PERSON OR ORGANIZATION
(INCLUDING ANY PERSON OR ORGANIZATION IN THE CHAIN OF COMMAND)
DESIGNATED TO RECEIVE SUCH COMMUNICATIONS, TO WHICH A PERSON MAKES A
COMPLAINT OR DISCLOSES INFORMATION THAT HE OR SHE REASONABLY BELIEVES
EVIDENCES A VIOLATION OF LAW OR REGULATION (INCLUDING THOSE COVERING
UNLAWFUL DISCRIMINATION AND SEXUAL HARASSMENT).
31A. RACISM - A BELIEF OR ATTITUDE THAT RACE DETERMINES AN
INDIVIDUAL'S TRAITS AND CAPABILITIES AND THAT RACIAL DIFFERENCES
PRODUCE A NATURAL SUPERIORITY OF A PARTICULAR RACE. BEHAVIOR OR
CONDITIONS THAT FOSTER STEREOTYPES OF SOCIAL ROLES BASED ON RACE.
36A. SEXISM - BEHAVIOR, CONDITIONS OR ATTITUDES THAT FOSTER
STEREOTYPES OF ROLES, PREJUDICE OR DISCRIMINATION BASED ON THE SEX OF
AN INDIVIDUAL.
3. FILING INSTRUCTIONS. FILE THIS CHANGE IMMEDIATELY BEHIND THE
SIGNATURE PAGE OF THE BASIC ORDER.//
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