The sexual harrassment complaint process for Soldiers and Family members over the age of 18 have consists of two types. 

 

Informal Complaint - any complaint that a Soldier or Family Member does not put in writing

 

FILING AN INFORMAL COMPLAINT OF SEXUAL HARASSMENT

 

Informal complaints of sexual harassment involve less severe or egregious incidents that can be resolved by the individual, with the help of another, and/or by the commander or other authority. Typically, these involve something a complainant believes can be resolved through discussion, problem identification, counseling, and/or clarification of the issues. Initiating an informal complaint does not require the complainant to submit anything in writing and is not subject to timelines. These cases are typically not required to be reported to higher headquarters, but aggregate data are sometimes reported to major commands. While those involved try to promote confidentiality throughout, it is not guaranteed or promised.

 

Additional information about Military and Civilian informal complaint processes can be found in Army Regulation 600-20 (Army Command Policy)

 

 

 

Formal Complaint - requires documentation by the chain of command to investigate the allegations and, if warranted, take necessary corrective actions

 

FILING A FORMAL COMPLAINT OF SEXUAL HARASSMENT

 

Formal complaints for DA Civilians, former employees, or applicants seeking employment, and certain contract employees are handled through the EEO complaint process. Details of the complaint process for Civilian personnel filing a complaint are found in AR 690-600 (Equal Employment Opportunity Discrimination Complaints).

Details for military personnel filing a complaint are found in Army Regulation 600-20 (Army Command Policy) and follow the same procedures as an Equal Opportunity complaint.

 

FORMAL MILITARY COMPLAINTS

The formal military complaint requires use of DA Form 7279 (Equal Opportunity Complaint Form), and claimants must swear to the accuracy of their allegations. The process contains specific timelines, and commands are required to include specific documentation. All formal sexual harassment complaints are reportable to higher headquarters.

Military complainants have 60 calendar days from the date of the alleged incident to file a formal complaint. If the complaint is submitted after the 60-day window, a commander may still elect to investigate the claim. Normally he/she would consider the reason for the delay, the availability of witnesses, and whether a full and fair inquiry or investigation can be conducted.

All formal complaints are reported within three calendar days of the commander's receipt of the complaint to the first General Court-Martial Convening Authority in the chain of command. During those first three days, the commander/or other agency handling the complaint determines whether he/she can handle the complaint at their level or need to refer it to the appropriate commander or agency.

 

Within 14 days, the commander/agency conducts an inquiry or investigation and provides feedback to the complainant. If an inquiry or investigation cannot be completed within 14 calendar days, or (three MUTA 4 drill periods for Reserve Component (RC) Soldiers), an extension of a maximum of 30 calendar days or (two MUTA 4 drill periods for RC Soldiers) may be approved by the next higher echelon commander.

 

The complainant has seven days from the date of notification of the results of the investigation (at the next MUTA 4 drill period for RC personnel) to submit an appeal. The appeal must be in writing on DA Form 7279 , along with a brief statement describing the reason for the appeal. Actions(s) taken against the subject, if any, may not be appealed. Once the appeal is initiated by the complainant, the commander has three calendar days (or one MUTA 4 drill period for the RCs) to refer the appeal to the next higher unit commander. The commander to whom the appeal is made has 14 calendar days (or three MUTA 4 periods for the RCs) to review the case and act on the appeal (that is, approve it, deny it, or conduct an additional investigation). Not later than the 14th calendar day following receipt of the appeal (or appropriate RC timelines), the commander will provide written feedback, consistent with Privacy Act and FOIA limitations, to the complainant on the results of the appeal. This process applies equally to subsequent appeals submitted through the chain of command. Complaints that are not resolved at brigade level may be appealed to the GCMCA. Decisions at this level are final. The formal complaint process is found in AR 600-20.