Definitions and Policies

VERIFIED AS OF FEBRUARY 13, 2025

HARASSMENT

Behavior that is unwelcome or offensive to a reasonable person, whether oral, written or physical, that creates an intimidating, hostile or offensive working environment. Harassment may include, but is not limited to, unwanted physical contact, offensive jokes, epithets or name calling, ridicule or mockery, insults or put-downs, displays of offensive objects or imagery, non-verbal gestures, stereotyping, intimidating acts, veiled threats of violence, threatening or provoking remarks, racial or other slurs, derogatory remarks about a person’s accent or displays of racially offensive symbols. Harassment can occur through electronic communications, including social media; other forms of communication and in person. Types of harassment include, but are not limited to, discriminatory harassment, sexual harassment, hazing, bullying and stalking. Activities or actions undertaken for a proper military or governmental purpose, such as combat survival training, making work assignments or conducting performance counseling, are not considered harassment.

DISCRIMINATORY HARASSMENT

Unwelcome conduct based on race, color, religion, sex (including pregnancy), national origin, or sexual orientation. Discriminatory harassment occurs when the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile or abusive. Discriminatory harassment can be conducted through the use of electronic devices or communications, and by other means including social media, as well as in person.

SEXUAL HARASSMENT

1. Sexual harassment is conduct that:
   a. Involves unwelcome sexual advances, requests for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature when:
       (1) Submission to such conduct is made either explicitly or implicitly a term or condition of a person’s job, pay, or career;
       (2) Submission to or rejection of such conduct by a person is used as a basis for career or employment decisions affecting that person or
       (3) 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; and.
   b. Is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive.
2. Any use or condonation, by any person in a supervisory or command position, of any form of sexual behavior to control, influence, or affect the career, pay, or job of a member of the armed forces or a civilian employee of the DoD.
3. Any deliberate or repeated unwelcome verbal comment or gesture of a sexual nature by any member of the Military Services or civilian employee of the DoD.
4. There is no requirement for concrete psychological harm to the complainant for behavior to constitute sexual harassment. Behavior is sufficient to constitute sexual harassment if it is so severe or pervasive that a reasonable person would perceive, and the complainant does perceive the environment as hostile or offensive.

HAZING

A form of harassment that includes conduct through which Service member or Department of Defense (DoD) civilian employees, without a proper military or other governmental purpose but with a nexus to military Service, physically or psychologically injure or create a risk of physical or psychological injury to Service Members for the purpose of: initiation into, admission into, affiliation with, change in status or position within or continued membership in any military or DoD civilian organization. Service members may be responsible for an act of hazing even if there was actual or implied consent from the victim and regardless of the grade, rank, status or Service of the victim. Hazing can be conducted through the use of electronic devices or communications, and by other means including social media, as well as in person.

BULLYING

A form of harassment that includes acts of aggression by Service member(s) or DoD civilian employees, with a nexus to military service, with the intent of harming a Service Member either physically or psychologically, without a proper military or other governmental purpose. Bullying may involve the singling out of an individual from his or her coworkers or unit, for ridicule because he or she is considered different or weak. It often involves an imbalance of power between the aggressor and the victim. Service members may be responsible for an act of hazing even if there was actual or implied consent from the victim and regardless of the grade, rank, status or Service of the victim. Bullying can be conducted through the use of electronic devices or communications, and by other means including social media, as well as in person.

STALKING

Conduct that is:
   a. A wrongful course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, including sexual assault, to himself or herself, to a member of his or her immediate family or to his or her intimate partner;
   b. Carried out by someone who has knowledge or should have knowledge, that the specific person will be placed in reasonable fear of death or bodily harm, including sexual assault, to himself or herself, a member of his or her immediate family or to his or her intimate partner; and
   c. When the conduct induces reasonable fear in the specific person of death or bodily harm, including sexual assault, to himself or herself, to a member of his or her immediate family or to his or her intimate partner.

PROHIBITED DISCRIMINATION

Discrimination, including disparate treatment, or an individual or group on the basis of race, color, religion, sex (including pregnancy), national origin, or sexual orientation that is not otherwise authorized by law or regulation and detracts from military readiness.

WRONGFUL BROADCAST OR DISTRIBUTION OF INTIMATE VISUAL IMAGES

Service Members that perpetrate the actions outlined in subparagraphs below are guilty of wrongful distribution of intimate visual images or visual images of sexually explicit conduct.
a. Who knowingly and wrongfully broadcasts or distributes an intimate visual image of
another person or a visual image of sexually explicit conduct involving a person who:
(1) Is at least 18 years of age at the time the intimate visual image or visual image of sexually explicit conduct was created;
(2) Is identifiable from the intimate visual image or visual image of sexually explicit conduct itself or from information displayed in connection with the intimate visual image or visual image of sexually explicit conduct; and
(3) Does not explicitly consent to the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct.
b. Who knows or reasonably should have known that the intimate visual image or visual image of sexually explicit conduct was made under circumstances in which the person depicted in the intimate visual image or visual image of sexually explicit conduct retained a reasonable expectation of privacy regarding any broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct.
c. Who knows or reasonably should have known that the broadcast or distribution of the intimate visual image or visual image of sexually explicit conduct is likely:
(1) To cause harm, harassment, intimidation, emotional distress or financial loss for the person depicted in the intimate visual image or visual image of sexually explicit conduct; or
(2) To harm substantially the depicted person with respect to that person's health, safety, business, calling, career, financial condition, reputation or personal relationships; and
d. Whose conduct, under the circumstances, had a reasonably direct and palpable connection to a military mission or military environment.

FRATERNIZATION

Personal relationships between officers and/or enlisted members that are unduly familiar and do not respect differences in rank or grade, or when prejudicial to good order and discipline, or of a nature to bring discredit on the Navy are prohibited. Prejudice to good order and discipline or discredit to the Navy may result from, but are not limited to circumstances which:
1. Call into question a senior's objectivity;
2. Result in actual or apparent preferential treatment;
3. Undermine the authority of a senior; or
4. Compromise the chain of command.

Detailed definitions can be found in OPNAVINST 5354.1H, the Navy Harassment Prevention and Military Equal Opportunity Program Manual.

If you believe you or a coworker has been a victim of one these, you are encouraged to report the suspected incident to your Chief, Command Managed Equal Opportunity Program Manager, Command Climate Specialist or the Inspector General’s office.

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