1 / 21

EO COMPLAINT PROCEDURES

EO COMPLAINT PROCEDURES. OVERVIEW. 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. TYPES OF EO COMPLAINTS. TYPES OF EO COMPLAINTS.

roth-pittman
Download Presentation

EO COMPLAINT PROCEDURES

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. EO COMPLAINT PROCEDURES

  2. OVERVIEW 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

  3. TYPES OF EO COMPLAINTS TYPES OF EO COMPLAINTS • INFORMAL • FORMAL

  4. INFORMAL COMPLAINTS INFORMAL COMPLAINTS • Are not in writing • Resolved at lowest level possible • No requirement for chain of command intervention • May use assistance of others

  5. 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

  6. FORMAL COMPLAINTS IF BEHAVIOR PERSISTS.. • 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

  7. DECISIONS TO FILE A FORMAL COMPLAINT DECISION FACTORS • 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

  8. A HIGHER ECHELON COMMAND EQUAL OPPORTUNITY ADVISOR INSPECTOR GENERAL HOUSING REFERRAL OFFICE STAFF JUDGE ADVOCATE PROVOST MARSHAL MEDICAL AGENCY PERSONNEL CHAPLAIN ALTERNATIVE AGENCIES ALTERNATIVE AGENCIES

  9. COMMANDER / ALTERNATIVE AGENCYRESPONSIBILITIES COMMANDER/ALTERNATIVE AGENCY RESPONSIBILITIES • Ensure information is complete • Ensure individual is sworn to complaint • Clarify basis of complaint • Identify additional information

  10. COMMANDER / ALTERNATIVE AGENCYRESPONSIBILITIES COMMANDER/ALTERNATIVE AGENCY RESPONSIBILITIES • 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

  11. ELEMENTS OF INQUIRY/INVESTIGATION 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

  12. ACTIONS OF THE COMMANDER ACTIONS TO RESOLVE A COMPLAINT • Unsubstantiated • Substantiated

  13. 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)

  14. 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)

  15. 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

  16. 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

  17. FORMS OF REPRISAL • THREATENING • INTIMIDATION • HARASSMENT

  18. REPORTING INCIDENTS OF REPRISAL 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

  19. EQUAL OPPORTUNITY / SEXUAL HARRASSMENT COMPLAINT PROCESS 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 VICTIM • 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. III Corps Hot Line # 287-6242 **CALL THE EQUAL OPPORTUNITY HOT LINE AT YOUR INSTALLATION TO CLARIFY WHETHER AN INCIDENT OR BEHAVIOR QUALIFIES AS SEXUAL HARASSMENT OR DISCRIMINATION. 3 DAYS COMPLAINTS 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. IF BEHAVIOR PERSISTS 14 DAYS CHAIN OF COMMAND EQUAL OPPORTUNITY ADVISOR INSPECTOR GENERAL HOUSING REFFERRAL OFFICE JUDGE ADVOCATE GENERAL MILITARY POLICE OR CRIMINAL INVESTIGATOR CHAPLAIN MEDICAL AGENCY 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. 7 DAYS 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. 30-45 DAYS EQUAL OPPORTUNITY ADVISOR WILL CONDUCT A FOLLOW-UP ASSESSMENT OF ALL FORMAL EO COMPLAINTS, BOTH FOR SUBSTANTIATED AND UNSUBSTANTIATED 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.

  20. GOAL GOAL Resolve at lowest level within the chain of command

  21. SUMMARY 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

More Related