POSH and Anti-Harassment

     As Commander, Naval Surface Force, U.S. Pacific Fleet, I expect each member of the Pacific Surface Fleet team to foster a culture and work environment of dignity and respect.  It is our collective and individual responsibility to ensure our Navy is free from all forms of harassment (sexual and non-sexual) and discrimination.  To this end, all members must participate in continuous training and be vigilant in preventing sexual harassment and discrimination as prescribed by higher authority and consistent with our values as a Staff and greater Navy community.
 
     Per SECNAVINST 5300.26, Sexual Harassment is defined as a form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of such conduct:
 

a.  Is made, either explicitly or implicitly, a term or condition of a person’s job, pay, or career; or

 

b.  Is used as a basis for career or employment decisions affecting that person; or

 

c.  Unreasonably interferes with an individual’s work performance or creates an intimidating, hostile, or offensive environment.

 
     Harassment on any protected basis is also strictly prohibited.  Such harassment is defined as conduct that shows hostility or aversion toward an individual because of his/her protected characteristic and that has the purpose or effect of unreasonably interfering with work performance or creating an intimidating, hostile, or offensive work environment. Harassing conduct that does not rise to the level of unlawful harassment or criminal conduct nonetheless detracts from an efficient workplace and must be addressed under this policy.  Furthermore, it is Command policy to correct harassing conduct that occurs before it becomes severe or pervasive.  Therefore, the conduct prohibited by this policy includes, but is broader than, unlawful harassment and criminal conduct (e.g. sexual assault, assault, stalking).
 
     Examples of prohibited conduct include bullying or intimidation; unwanted physical contact; telling offensive jokes, stories, or making offensive remarks about a group of people; teasing or mimicking a person’s disability, accent, or appearance; making obscene or lewd comments or gestures; racial or other slurs; veiled threats of violence; and displaying nude or sexually-suggestive objects, images, or cartoons.  This list is not exhaustive.
 
     Harassment can be oral, visual, written, physical, or electronic.  Harassment can occur through electronic communications, including social media, other forms of communication, and in person.
 
     This policy prohibits all types of harassment as described above, including retaliation against individuals who make good faith complaints or assist in investigations.  All allegations of harassment must be evaluated on a case-by-case basis and consider the totality of the circumstances, to include an assessment of the nature of the conduct and the context in which the conduct occurred.
 
     In contrast, actions undertaken solely for a proper government purpose, such as assignment of work related to the duties and responsibilities of the employee and performance counseling, are not in themselves harassment.  This policy is also not a general civility code.  Although management should address unprofessionalism and foster a positive work climate, rude, ignorant, abrasive or unkind behavior alone that does not adversely affect the work environment as described above is not harassment.    
 
     Responsibilities of Managers and Supervisors.  Managers and supervisors shall: (1) Immediately report all incidents of harassment to the Human Resources Office (HRO) Anti-Harassment Coordinator.  Failure to immediately report harassment allegations is a violation of this policy and may result in disciplinary action.  (2) Consult with the servicing Labor and Employee Relations office to provide interim relief to alleged victims of harassment (or others as necessary) pending the outcome of the investigation. (3) Take prompt and effective corrective or disciplinary action against members who violate this policy and take other necessary steps to keep the workplace free of harassment. (4) Document all incidents of harassment they witness, or are brought to their attention, and their efforts to address them.  (5)  Refrain from taking and allowing others to take any action in reprisal against complainants, alleged victims, and other witnesses for filing an allegation or otherwise participating in an investigation, and (6) Communicate this policy and their own intolerance of harassment to their subordinates, and monitor their workplace area(s) on an ongoing basis for inappropriate conduct.
 
     Responsibilities of all Sailors and Civilians.  All leaders, supervisors, and personnel within SURFPAC shall enforce this policy through credible leadership.  No person shall engage in, condone, or ignore harassment of which they have knowledge.  Harassing conduct cannot be corrected if it is not known.  It is thus imperative that any incident of harassment must be immediately reported through the chain of command, the HRO Anti-Harassment Coordinator, or the Equal Opportunity/Equal Employment Opportunity (EO/EEO) office.  Reported incidents of harassment will be timely, thoroughly, and impartially investigated and dealt with promptly, fairly, and effectively.  If the alleged harassment is substantiated, immediate and appropriate action will be taken to remedy the situation. Individuals responding to the incident will maintain confidentiality to the greatest extent possible. Any Sailor or Civilian found to have committed any harassment or any discriminatory practices will be subject to disciplinary or administrative action as appropriate, up to and including removal.  Criminal activity, either reported in conjunction with a harassment allegation or identified during the process of responding to the harassment allegation, must be immediately reported to the appropriate law enforcement authority.
 
     Responsibilities of those who believe they have been harassed.  Individuals who believe they are being harassed are encouraged to confront and tell the harasser that such behavior is offensive and unwelcome.  If not comfortable confronting the harasser, the individual should report through the chain of command, OR contact the EO/EEO office or HRO Anti-Harassment Coordinator directly. Individuals subjected to or who observe harassing behavior should immediately report the incident(s) to the appropriate supervisory level if: (1) the behavior does not stop after the harasser has been told the behavior is offensive and unwelcome; (2) the employee is uncomfortable addressing the harasser; or, (3) the behavior is pervasive, severe, or possibly criminal in nature.  Individuals who feel they are subjected to sexual or non-sexual harassment or any form of discrimination should feel comfortable reporting the situations immediately and without fear of retaliation or reprisal.
 
     Avenue of redress.  Sailors may use Informal Resolution Systems, request mast or formal complaint processes by contacting the Command Managed Equal Opportunity Officer, MAC(SW/EXW/AW) Natasha Gomez, (619) 437-2485.  The Navy’s Equal Opportunity Advice Line is also available at 1-800-253-0931. Civilian employees may contact the COMPACFLT HRO Workforce Relations office to report any claims of harassment by emailing HRO_ANTIHARASSMENTCOORD@navy.mil. Civilian employees may also use negotiated or administrative grievance procedures by contacting the Labor and Employee Relations Division of the Human Resources Office at (619) 705-4030.  They may also use the Navy’s Alternative Dispute Resolution process by contacting (619) 705-6156 or file a discrimination complaint pursuant to 29 C.F.R. Part 1614 or 10 U.S. Code § 1561 by contacting the civilian Equal Employment Opportunity Intake line at (619) 705-6157.  

 

 

R. I. KITCHENER
Vice Admiral, U.S. Navy