PROCEDURAL UPDATE FOR FILING AND PROCESSING MILITARY EQUAL OPPORTUNITY (MEO) COMPLAINTS
Date Signed: 9/8/2015 | MARADMINS Number: 438/15
MARADMINS : 438/15
R 081720Z SEP 15
MARADMIN 438/15
MSGID/GENADMIN/CMC WASHINGTON DC MRA MP/MPE//
SUBJ/PROCEDURAL UPDATE FOR FILING AND PROCESSING MILITARY EQUAL OPPORTUNITY (MEO) COMPLAINTS//
REF/A/DOC/MEMO/19SEP14//
REF/B/DOC/MCO/P5354.1D/14APR03//
REF/C/DOC/SECNAVINST/5350.16A/18DEC06//
NARR/REF A IS USD (P AND R) POLICY MEMO ON PREVENTION AND RESPONSE TO SEXUAL HARASSMENT.  REF B IS MCO P5354.1D MARINE CORPS EQUAL OPPORTUNITY (EO) MANUAL.  REF C IS SECNAVINST 5350.16A ON DON POLICY ON MEO COMPLAINT PROCESSING//
POC/R. E. RAINES/CIV/MPE/-/TEL:  (703) 784-9371//
1.   BACKGROUND:  IN REFERENCE A, THE UNDER SECRETARY OF DEFENSE (PERSONNEL AND READINESS) DIRECTED SERVICE CHIEFS IMPLEMENT MEASURES TO STRENGTHEN SEXUAL HARASSMENT PREVENTION AND RESPONSE PROGRAMS AS OUTLINED IN THE FY13 NATIONAL DEFENSE AUTHORIZATION ACT. IN SUPPORT OF THESE REQUIREMENTS, THE FOLLOWING CHANGES TO THE PROCESSING OF MILITARY EQUAL OPPORTUNITY (MEO) COMPLAINTS IS DIRECTED EFFECTIVE 1 OCTOBER 2015.
2.  EQUAL OPPORTUNITY ADVISORS (EOA) HAVE RECEIVED SPECIALIZED TRAINING THAT QUALIFIES THEM TO SERVE AS SUBJECT MATTER EXPERTS (SME) ON ALL MEO MATTERS. THEY ARE DESIGNATED AS THE MARINE CORPS’ CENTRAL POINT OF CONTACT FOR ALL MEO GUIDANCE.  THE EOA WILL CONDUCT REQUIRED MEO INTAKE INTERVIEWS WITH COMPLAINANTS TO CLARIFY CONCERNS, FRAME COMPLAINT(S), COORDINATE INVESTIGATIONS, AND MAKE REFERRALS TO THE APPROPRIATE SERVICE-SPECIFIC SUPPORT AGENCIES, INCLUDING VICTIM ASSISTANCE PROGRAMS.  EQUAL OPPORTUNITY REPRESENTATIVES (EOR) OR THE COMMAND EQUAL OPPORTUNITY MANAGERS (CEOM) ARE NOT AUTHORIZED TO PROVIDE EO ADVICE OR PROCESS DISCRIMINATION OR HARASSMENT COMPLAINTS. COMMANDERS WILL REFER ALL MARINES SEEKING ADVICE/GUIDANCE OR THOSE SEEKING TO FILE A COMPLAINT OF DISCRIMINATION OR HARASSMENT BASED ON RACE, COLOR, SEX (INCLUDES SEXUAL HARASSMENT), RELIGION, NATIONAL ORIGIN, AND SEXUAL ORIENTATION TO THE SERVICING EOA PRIOR TO THE INITIATION OF ANY INQUIRY OR INVESTIGATION. 
3.  IT IS CRITICAL THAT MARINES HAVE A CLEAR UNDERSTANDING OF THE PROCESS AND THEIR RESPONSIBILITES WHEN FILING A MEO COMPLAINT. THE EOA IS THE PRIMARY SOURCE TO PROVIDE ADVICE AND GUIDANCE TO MARINES SEEKING ASSISTANCE.  THE CHAIN OF COMMAND IS THE PRIMARY AND PREFERRED CHANNEL TO IDENTIFY, PROCESS, AND RESOLVE COMPLAINTS. 
4.  COMMANDS THAT DO NOT HAVE AN ASSIGNED EOA WITHIN THEIR HIERARCHY (I.E. MARCENT, SOUTHCOM) WILL DEVELOP A MEMORANDUM OF UNDERSTANDING/AGREEMENT WITH THE NEAREST MARINE CORPS INSTALLATION EOA FOR SERVICE AND SUPPORT.  ALL FORMAL COMPLAINTS OF SEXUAL HARASSMENT WILL BE PROCESSED IN ACCORDANCE WITH 10, U.S.C., SECTION 1561. IF EXTENSIONS ARE GRANTED BY THE GENERAL COURTS MARTIAL CONVENING AUTHORITY, COMPLAINTS MUST BE INVESTIGATED AND RESOLVED WITHIN 60 DAYS OF FILING THE COMPLAINT. IN THE CASE OF COMPLAINTS 00000FILED BY AN INACTIVE RESERVIST OR IN WHICH AN INACTIVE RESERVIST IS THE SUBJECT OF THE COMPLAINT, RESOLUTION OF FORMAL COMPLAINTS SHOULD BE COMPLETED WITHIN 120 DAYS OF FILING.  IF IT IS DETERMINED THAT THE ISSUES IDENTIFIED DO NOT FALL UNDER THE PURVIEW OF MEO, THE EOA WILL REFER THE COMPLAINANT TO THE APPROPRIATE AGENCY. WHEN REQUIRED, THE EOA WILL COORDINATE ALL INVESTIGATION REQUIREMENTS TO ENSURE REQUIRED TIMELINES ARE MET IN ACCORDANCE WITH REFERENCE (B).
5.  PER REFERENCE C, MARINES ARE ENCOURAGED TO FILE COMPLAINTS AS QUICKLY AS POSSIBLE, BUT NOT LATER THAN 60 DAYS AFTER THE INCIDENT, OR IN THE CASE OF A SERIES OF INCIDENTS, WITHIN 60 DAYS OF THE MOST RECENT INCIDENT.  COMMANDERS MAY ACCEPT COMPLAINTS BEYOND THIS TIMEFRAME IF, IN THEIR JUDGEMENT, CIRCUMSTANCES WARRANT.
6.  EITHER THE COMPLAINANT OR THE SUBJECT OF THE COMPLAINT MAY APPEAL THE DECISION ON A FORMAL COMPLAINT. THERE ARE TWO LEVELS OF APPEAL, NEITHER AUTOMATIC. EACH APPEAL MUST BE AFFIRMATIVELY REQUESTED BY EITHER THE COMPLAINANT OR THE SUBJECT OF THE COMPLAINT. THE FIRST APPEAL OF A DECISION ON A FORMAL COMPLAINT WILL BE TO THE FIRST COMMANDER IN THE CHAIN OF COMMAND WITH GENERAL COURT MARTIAL CONVENING AUTHORITY (GCMCA).  THIS APPEAL SHOULD BE REQUESTED WITHIN SEVEN DAYS OF THE NOTICE OF THE DECISION ON THE FORMAL COMPLAINT. IF A SUBSEQUENT APPEAL IS REQUESTED, THE FINAL RESOLUTION OF AN APPEAL ON A FORMAL COMPLAINT WILL REST WITH SECNAV OR THEIR DESIGNEE. ADDITIONAL INFORMATION ON THE APPEALS PROCESS IS CONTAINED IN REFERENCE (C).
7.  COMMANDERS ARE EXPECTED TO IMPLEMENT PROCEDURES TO COMPLY WITH THIS MARADMIN.
8.  THIS MESSAGE WILL REMAIN IN EFFECT UNTIL IT IS INCORPORATED INTO REFERENCE (B).
9.  RELEASE AUTHORIZED BY (SES) MR. M. F. APPLEGATE, DIRECTOR, MANPOWER PLANS AND POLICY DIVISION, MANPOWER AND RESERVE AFFAIRS.//