Unit Equal Opportunity Training Guide - Deputy Chief of Staff ARMY ...

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Figure 8–4. Equal Opportunity Complaint Process 8–10. CONDUCTING THE INQUIRY OR INVESTIGATION The Unit commander will conduct an inquiry and or determine whether sufficient evidence exists to warrant a full investigation. The EOA may also assist the commander in conducting this inquiry. Should the commander determine that full investigation is required then he or she will forward the complaint to the battalion or brigade level commander for the appointment of an AR 15–6 investigating officer. The investigating officer will review the complaint, obtain lists of witnesses from the complainant and alleged perpetrator(s), and should consult with the command EOA. The investigating officer is required to interview the complainant, alleged perpetrator(s), and all applicable witnesses. In addition the investigating officer will review appropriate records and reports. If during the investigation the investigating officer suspects a criminal offense has been committed then the involved parties will be advised of their rights under Article 31, UCMJ. The investigating officer will provide a written report to the commander on the results of the investigation. The commander appointing the AR 15–6 investigation will review the facts and take appropriate action. 8–11. FEEDBACK TO COMPLAINANT a. It is extremely important for complainants to be kept informed on the disposition of their complaint or the progress of the inquiry or investigation. One of the primary criticisms heard in evaluations of complaint systems is that soldiers receive very little, if any, feedback on the results of investigations or actions being taken by the command to punish offenders or remedy the situation. b. Whether the complaint is formal or informal, the complainant should be provided feedback on the disposition of his or her grievance. Initial written feedback to the complainant on DA Form 7279–R must be forwarded within 14 calendar days after receipt of the complaint. Written feedback will consist of investigative findings and an affirmation that appropriate action is being considered or taken to resolve the complaint. c. Within 30 calendar days of the initial feedback (44 total calendar days), complainants should receive a final written disposition to their complaint. In the event feedback or final disposition is not received in the prescribed time limits, complainants should request feedback verbally or in writing through their immediate chain of command. 8–12. THE RIGHT TO APPEAL Should the complainant be dissatisfied with the disposition of his or her complaint or the corrective actions taken by the chain of command, he or she has the right to appeal. Appeals must be submitted within seven calendar days (at the next drill period for Reserve Component) following written notification on the final disposition of the complaint. An appeal to an EO complaint can be submitted to the soldier’s immediate commander or the next higher commander. The final decision authority for appeals will rest with the General Court Martial Convening Authority for that major command. An exemption exists for those organizations that have Memorandums of Understanding (MOU) or Memorandums of Support that delegate UCMJ authority to the local commander. An appeal must be submitted using DA Form 7279–R, Part IV. In preparing an appeal, the complainant should indicate whether he or she desires an appointment to speak with the appeal authority. On a separate piece of paper, the complainant specifies exactly, what issues (i.e., disposition, investigation, or corrective actions) he or she has disagreement. The appeal authority has 14 calendar days (30 calendar days for Reserve Component) to respond to complainant. The general court-martial convening authority will have “final decision authority” for appeals in that major command. 8–13. PROTECTION AGAINST REPRISAL OR INTIMIDATION a. Department of the Army personnel are prohibited from taking any action that discourages soldiers or family members form filing a complaint or seeking assistance to resolve an EO issue. Army personnel are also prohibited from taking any disciplinary or other adverse action against a soldier for filing a complaint, seeking assistance, or cooperating with an investigating officer. However, this does not preclude taking action against those who file fraudulent complaints or give false statements. DA PAM 350–20 1 June 1994 31
. It is the responsibility of the chain of command to ensure that all complainants are protected against reprisal or retaliation for filing EO complaints. Should soldiers or their family members be threatened with such reprisals or should an act of retaliation occur, they should immediately report the incident to the chain of command, the local Inspector General, or the next higher echelon commander. Note. Review actions by the complainant, summarize the lesson, and reinforce learning. Show OT, ACTIONS BY THE COM- PLAINANT, Figure 8–5. Figure 8–5. Actions by the Complainant 32 DA PAM 350–20 1 June 1994
Page 1 and 2: Department of the Army Pamphlet 350
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Page 5 and 6: lesson plans exists. Lesson plans c
Page 7 and 8: Contents—Continued CHAIN OF COMMA
Page 9 and 10: Contents—Continued Chapter 10 Les
Page 11 and 12: Contents—Continued Figure 6-1: Eq
Page 14 and 15: Chapter 1 Lesson Plan 1—The Army
Page 16 and 17: Chapter 2 Lesson Plan 2—Duties an
Page 18 and 19: Figure 2-3. Equal Opportunity Repre
Page 20 and 21: power establishment. They are expre
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Page 38 and 39: a. DISCRIMINATION. Behavior based o
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Page 60 and 61: Chapter 14 Lesson Plan 14—Identif
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Page 70 and 71: Figure 1-2. Staffing for Army’s E
Page 72 and 73: Figure 2-2. Chain of Command’s Ro
Page 74 and 75: Figure 4-1. Categories of Sexual Ha
Page 76 and 77: Figure 4-3. Victim Impact DA PAM 35
Page 78 and 79: Figure 4-5. Coping Mechanisms DA PA
Page 80 and 81: Figure 4-7. Sexual Harassment Behav
Page 82 and 83: Figure 5-1. Discrimination DA PAM 3
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Page 86 and 87: Figure 7-2. Major EO Violations DA
Page 88 and 89: Figure 8-1. Types of Complaints DA
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Figure 9-2. Managing Diversity DA P
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Figure 9-4. Values DA PAM 350-20 1
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Figure 10-1. Equal Opportunity Clim
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Figure 11-1. Steps To Develop an EO
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Figure 12-2. Affirmative Action Pla
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Figure 12-4. Affirmative Action Pla
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Figure 12-6. Sample AAP Subject Are
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Figure 14-2. Sexual Harassment DA P
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Figure 14-4. Taking Appropriate and
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Figure 15-2. Commander’s Assessme
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pats one of them or gives them a
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Glossary Section I Abbreviations AA
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TC training circular TRADOC United
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sexual harassment a form of sex dis
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USAPA ELECTRONIC PUBLISHING SYSTEM
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