UNCLASSIFIED ROUTINE R 221455Z APR 22 MID200001690720U FM SECNAV WASHINGTON DC TO ALNAV INFO SECNAV WASHINGTON DC CNO WASHINGTON DC CMC WASHINGTON DC BT UNCLAS ALNAV 024/22 MSGID/GENADMIN/SECNAV WASHINGTON DC/-/APR// SUBJ/INTERIM POLICY GOVERNING INVESTIGATION OF FORMAL SEXUAL HARASSMENT COMPLAINTS UNDER 10 U.S.C. 1561// REF/A/DOC/COMPLAINTS OF SEXUAL HARASSMENT, 10 U.S.C. 1561// REF/B/DOC/SECNAVINST 5300.26E, DEPARTMENT OF THE NAVY POLICY ON SEXUAL HARASSMENT, 28MAY20// NARR/REF A GOVERNS SEXUAL HARASSMENT COMPLAINTS. REF B IS THE SECNAVINST SETTING FORTH SEXUAL HARASSMENT POLICY// POC/MS. ANDREA GOLDSTEIN/DON SAPRO/LOC: WASH DC/TEL: (703) 693-0223// RMKS/1. As your Secretary, I have witnessed first-hand the Honor, Courage, and Commitment you demonstrate each and every day. A safe and inclusive work environment is consistent with our core values, and promoting a positive culture will ensure we are fully ready to meet persistent global challenges. Leaders at all levels must model appropriate behavior and epitomize our high standards of dignity and respect for all. 2. Department of Defense (DoD) and Department of the Navy (DON) policies require that all formal complaints of sexual harassment be investigated and meet the requirements of reference (a) where applicable. This ALNAV address how such complaints are to be handled on an interim basis going forward. 3. Effective immediately, Commanders, Commanding Officers, and Officers-in Charge of a unit, vessel, or facility in receipt of a formal complaint of sexual harassment made by a person under the supervision of said officer will ensure the complaint is forwarded to the appropriate authority as outlined below. 4. A Commander, Commanding Officer, or Officer-in-Charge who receives a formal complaint of sexual harassment shall, within 72 hours, forward such complaint to the next higher level commander in the chain of command to appoint an investigating officer to investigate the complaint. The next higher level commander shall appoint an investigating officer from outside the command of the subject and complainant. The investigating officer selected shall not be familiar with the subject or complainant. Should the next higher level commander determine that the appointment of an independent investigating officer would unreasonably interfere with the command's ability to complete its mission, the next higher level commander shall include the reason(s) and require an endorsement from the first Flag or General Officer on the letter assigning an investigating officer from within the same command as the subject or complainant. The authority to appoint investigating officers to investigate formal sexual harassment complaints may not be delegated below the O-6 level. 5. Upon receipt of a completed investigation, the next higher level commander who convened the investigation will take action on the investigation. Such action may include, but is not limited to, one or more of the following actions: taking no action and closing the matter; taking administrative or disciplinary action; forwarding to another investigative agency; returning the investigation to the investigating officer for further investigation; or appointing another investigator for further investigation. 6. This important revision to the process initiating investigation of formal complaints of sexual harassment will serve as a temporary solution until such time as the DON funds, staffs, and trains an independent, professional capability to investigate these formal sexual harassment complaints. The recent establishment of sexual harassment as a punitive offense under the Uniform Code of Military Justice will require additional revisions to DON policy and procedure. I expect these revisions to be complete no later than 180 days following a revision to the applicable DoD Instruction. Until such time, the commander receiving the complaint shall adhere to existing Service requirements for the processing of formal sexual harassment complaints. 7. Additional procedures and obligations for addressing complaints of sexual harassment made by civilian employees are found in enclosure (4) of reference (b). 8. While this interim policy will substantially improve the DON's response to formal complaints of sexual harassment, I want to reiterate that DON policy, as reflected in reference (b), encourages early intervention at the lowest appropriate level before harmful behavior escalates. All DON personnel who witness sexual harassment are encouraged to intervene and address offensive and unacceptable behavior the first time it occurs. The informal resolution procedures, outlined in enclosure (6) of reference (b), can help to correct such offensive and unacceptable behaviors before they escalate and create a hostile work environment. I expect leaders at all levels to engage in early intervention, to be active bystanders, to immediately correct inappropriate behavior, to take all reasonable measures to avoid escalation, and to protect teammates. Early intervention through the DON's informal resolution processes will improve command climates by promoting disclosure without resort to a formal complaint in every instance. 9. The DON is committed to the principle of keeping faith with all who serve. Sexual harassment and other harmful behaviors constitute a betrayal of our sacred oath and solemn responsibility to our teammates and our Nation. 10. Released by the Honorable Carlos Del Toro, Secretary of the Navy.// BT #0001 NNNN UNCLASSIFIED//