EO COMPLAINT PROCEDURES

OVERVIEW DEFINE TYPES OF COMPLAINTS ALTERNATIVE AGENCIES CDR/ALTERNATE AGENCY RESPONSIBILITIES ELEMENTS OF INQUIRY/INVESTIGATION ACTIONS TO RESOLVE A COMPLAINT APPEALS PROCESS FORMS OF REPRISAL

OVERVIEW

TYPES OF EO COMPLAINTS

INFORMAL

FORMAL

TYPES OF EO COMPLAINTS

INFORMAL COMPLAINTS

Are not in writing

Resolved at lowest level possible

No requirement for chain of commandintervention

May use assistance of others

INFORMAL COMPLAINTS

INFORMAL COMPLAINTS

Confidentiality possible, but not guaranteed Not subject to timeline suspense

Informal process has good chance for success

Severity of complaint does not warrant a formal

complaint

INFORMAL COMPLAINTS

IF BEHAVIORPERSISTS..

File a formal complaint using a written DA Form 7279-R

Complaints must be filed within 60 calendar days of incident

Those filed after 60 calendar days may be pursued at the commander’s discretion

FORMAL COMPLAINTS

DECISIONFACTORS Inability to resolve the complaint informally

Soldier uncomfortable with the informal process

Issues may warrant an official investigation

Complaint against a member of the chain of command or another superior officer

Desire of the soldier to use an outside agency or higher echelon commander

DECISIONS TO FILE A FORMAL COMPLAINT

A HIGHER ECHELON COMMAND

EQUAL OPPORTUNITY ADVISOR

INSPECTOR GENERAL

HOUSING REFERRAL OFFICE

STAFF JUDGE ADVOCATE

PROVOST MARSHAL

MEDICAL AGENCY PERSONNEL

CHAPLAIN

ALTERNATIVEAGENCIES

ALTERNATIVE AGENCIES

COMMANDER / ALTERNATIVE AGENCYRESPONSIBILITIES

Ensure information is complete

Ensure individual is sworn to complaint

Clarify basis of complaint

Identify additional information

COMMANDER/ALTERNATIVE AGENCY RESPONSIBILITIES

COMMANDER / ALTERNATIVE AGENCYRESPONSIBILITIES

Tell what happens next

Acknowledge receipt

Initiate inquiry/investigation within 14 calendar days

Refer to appropriate agency/commander within 3 calendar days

Provide written feedback

COMMANDER/ALTERNATIVE AGENCY RESPONSIBILITIES

ELEMENTS OF INQUIRY/INVESTIGATION

Clarify nature of complaint

Interview as appropriate

Gather information

Consult advisors

Assess information

Render decision on findings

Provide a written plan on reprisals

ELEMENTS OF INQUIRY/INVESTIGATION

ACTIONS TO RESOLVE A COMPLAINT

Unsubstantiated

Substantiated

ACTIONS OF THE COMMANDER

UNSUBSTANTIATED

There was not enough or no evidence to support the basis of the complaint

Evidence found during the inquiry/investigation thoroughly disputed the allegation(s)

SUBSTANTIATED

There was sufficient evidence to support the basis of the complaint

There was sufficient evidence to support all or part of the allegation(s)

APPEALS PROCESS

Submit in writing within 7 calendar days

Specify issues you disagree with

Submit to immediate or next higher chain of command

May request appointment with appeal authority

Final decision/authority is the 1st General Court Martial Convening Authority in chain of command

No further appeal available within EO complaint system

Follow-up assessment

REPRISAL

Taking or threatening to take an unfavorable personnel action or withholding or threatening to withhold a favorable personnel action, or any other act of retaliation, against a military member for making or preparing a protected communication

FORMS OF REPRISAL

THREATENING

INTIMIDATION

HARASSMENT

REPORTING INCIDENTS OF REPRISAL

Made a protected disclosure

Unfavorable action threatened or taken

Official or other person knew of disclosure or complaint

Disclosure caused action taken

Evidence that disclosure caused action

REPORTING INCIDENTS OF REPRISAL

CHAINCHAINOF OF

COMMANDCOMMAND

EQUAL EQUAL OPPORTUNITYOPPORTUNITY

ADVISORADVISORINSPECTOR INSPECTOR

GENERALGENERALHOUSINGHOUSING

REFFERRAL REFFERRAL OFFICEOFFICE

JUDGE JUDGE ADVOCATEADVOCATEGENERALGENERAL

MILITARY MILITARY POLICE POLICE

OR CRIMINAL OR CRIMINAL INVESTIGATORINVESTIGATOR

CHAPLAINCHAPLAIN MEDICAL MEDICAL AGENCYAGENCY

MAKE AN INFORMAL COMPLAINT. REPORT

INAPPROPRIATE BEHAVIOR WITHOUT INITIATING A FULL

INVESTIGATION. THIS MAY BE MOST

APPROPRIATE FOR MINOR INFRACTIONS, WHERE VICTIM SIMPLY WANTS BEHAVIOR STOPPED.

IF YOU ARE THE

VICTIMIII CorpsIII CorpsHot Line #Hot Line #287-6242287-6242

**CALL THE EQUAL OPPORTUNITY**CALL THE EQUAL OPPORTUNITYHOT LINE AT YOUR INSTALLATION HOT LINE AT YOUR INSTALLATION TO CLARIFY WHETHER AN INCIDENTTO CLARIFY WHETHER AN INCIDENT OR BEHAVIOR QUALIFIES AS SEXUALOR BEHAVIOR QUALIFIES AS SEXUAL HARASSMENT OR DISCRIMINATION.HARASSMENT OR DISCRIMINATION.

FILE A FORMAL COMPALINT (DA FORM 7279-R)WITH ANY OF THE FOLLOWING AGENCIES.

COMPLAINTS MUST BE FILED WITHIN 60 CALENDAR DAYS OF INCIDENT.

THOSE FILED AFTER 60 CALENDAR DAYS MAY BE PURSUED AT COMMANDER’S DISCRETION.

IF BEHAVIO

R PERSISTS 3

DAYSCOMPLAINTS EXCEPT THOSE FILED WITH THE IG MUST BE ACTED UPON IN THREE CALENDAR DAYS. COMPLAINTS FILED WITH AN AGENCY AGAINST A MEMBER OF THE CHAIN OF COMMAND WILL BE REFFERED TO THE NEXT HIGHER COMMANDER IN THE CHAIN. ALL FORMAL COMPLAINTS WILL BE WILL BE REPORTED WITHIN 72 HOURS TO THE FIRST GENERAL COURT MARTIAL CONVENING AUTHORITY (GCMCA) IN THE CHAIN OF COMMAND. PROVIDE A PROGRESS REPORT TO THE GCMCA AUTHORITY 20 DAYS AFTER THE DATE ON WHICH THE INVESTIGATION COMMENCED AND 14 DAYS THEREAFTER.

14DAYS

THE COMMANDER OR THE INVESTIGATING OFFICER APPOINTED BY THE COMMANDER HAS 14 CALENDAR DAYS TO INVESTIGATE THE ALLEGATIONS AND MEET WITH THE VICTUM TO DISCUSS THE OUTCOME AND RESULTS. A 30 DAY EXTENSION MAY BE GRANTED FROM THE NEXT-HIGHER COMMANDER IF CIRCUMSTANCES REQUIRE IT. FURTHER EXTENSIONS CAN BE APPROVED ONLY BY THE FIRST GENERAL OFFICER IN THE CHAIN OF COMMAND.

7DAYS

THE COMPLAINANT HAS SEVEN CALENDAR DAYS TO APPEAL TO THE NEXT HIGHER COMMANDER IF HE OR SHE IS DISSATISFIED WITH THE INVESTIGATION RESULTS OR ACTIONS TAKEN. THAT COMMANDER HAS 14 DAYS TO REVIEW THE CASE AND ACT ON THE APPEAL. FINAL DECISIONS ON COMPLAINTS REST WITH THE GENERAL COURT-MARTIAL CONVENING AUTHORITY.

30-45DAYS

EQUAL OPPORTUNITY ADVISOR WILL CONDUCT A FOLLOW-UP ASSESSMENT OF ALL FORMAL EO COMPLAINTS, BOTH FOR SUBSTANTIATED ANDUNSUBSTANTIATED COMPLAINTS 30-45 CALENDAR DAYS FOLLOWING THE FINAL DECISION RENDERED ON THE COMPLAINT. THE PURPOSE OF THE ASSESSMENT IS TO MEASURE THE EFFECTIVENESS OF THE ACTIONS TAKEN AND TO DETECT AN DETER ANY ACTS OR THREATS OF REPRISAL. THE FINDINGS OF THIS ASSESSMENT WILL BE ANNOTATED ON DA FORM 7279-1-R AND MAINTAINED BY THE EOA.

GOAL• Resolve at lowest

• level within the•chain of command

GOAL

OVERVIEW DEFINE TYPES OF COMPLAINTS

ALTERNATIVE AGENCIES

CDR/ALTERNATE AGENCY RESPONSIBILITIES

ELEMENTS OF INQUIRY/INVESTIGATION

ACTIONS TO RESOLVE A COMPLAINT

APPEALS PROCESS

FORMS OF REPRISAL

SUMMARY