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SEXUAL HARASSMENT

 

(NOTE: For the full order, see MCO 1000.9 or P5354.1D)

Sexual Harassment:  A form of discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

·         Submission to such conduct is made either explicitly or implicitly a term or condition of a person's job, pay, career, or

·         Submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person or

·         Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile, or offensive working environment.

 

This definition emphasizes that workplace conduct, to be actionable as abusive work environment, harassment need not result in concrete psychological harm to the victim, but rather need only be so severe or pervasive that a reasonable person would perceive and the victim does perceive the work environment as hostile or abusive.

 

..."Additionally, officers and enlisted personnel of the Navy or Marine corps will be processed for administrative separation on the first substantiated incident of sexual harassment involving any of the following circumstances: (An incident is considered substantiated if there is a courts-martial conviction or the commanding officer determines sexual harassment has occurred)

 

1.      Actions, threats, or attempts to influence another's career or job for sexual favors; or

2.      Physical contact of a sexual nature, which if charged as a violation of the UCMJ, could result in a punitive discharge

 

Examples of Sexual Harassment:

 

Verbal Sexual Harassment

Non-Verbal Sexual Harassment

Whistling or Cat Calls

Unwanted attention to the body

Sexual comments about clothing, body, activities

Displaying Sexual Visual

Personal sexual questions

Items depicting sexual parts

Telling jokes or stories

Sexually suggestive gestures

Turning discussions into sexual topics