POSH & SAPR Supervisor Training

How Can you Help?

- Support the victim. - Listen without judgment. - Safely intervene when you see inappropriate behavior. - Above all, treat all people with dignity and respect at all times Otherwise, you can help include referring the victim services, such as SARC, chaplain, or the Employee Assistance Program, refraining from gossip, setting the tone and leading by example

Statistics

38% of victims of sexual violence, experience, work or school problems which can include significant problems with the boss, coworker or peer. According to the rape abuse and incest national network rain 12% of rapes occur, while the victim is working Reports of workplace violence, including rape, and sexual assault, are higher for government employees.

Sexual Harrassment

A form of gender discrimination that usually occurs in a work setting, and involves unwelcome sexual advances, request for sexual favors, and another verbal or physical behavior of a sexual nature.

DoD Definition of Consent

A freely given agreement to the conduct issue by a competent person consent may be communicated verbally or through clear nonverbal conduct like cues and gestures. Consent must be mutual active and ongoing. It must be given every time and continue throughout the sexual activity, sleeping, unconscious, heavily intoxicated, incapacitated, or otherwise incompetent person cannot give consent, a person cannot obtain consent through use of force, threats, coercion or abuse of authority.

Question 7: Which of the following are true concerning consent? Select all that apply.

A. Consent is defined as word or act indicating freely given agreement to the sexual conduct. B. Consent must be given every time.

Question 6: which of the following resources does the sock provide for victims of sexual assault? Select all that apply.

A. Immediate crisis intervention C. Offer appropriate referrals to victims D. Explain available reporting options

Sexual Assault Response Coordinator (SARC)

An advocate for the victim. They provide information options and help victims navigate their own path to recovery. The primary point of contact for victim care they will keep the victim confidential unless it has already been reported through other channels and notify leadership and law-enforcement desired. - Will provide crisis response and intervention - Help the victim with safety and provide victims with information, resources, referrals and support. - Be an advocate for the victim until services are no longer needed. - Accompany a victim for medical care, forensic exam, law-enforcement, interviews, and throughout the criminal justice process the criminal justice process. - May not as provide mental health counseling, or give legal advice.

Sexual Harrassment Complaints

An employee can report an incident of sexual harassment to an immediate supervisor or manager human resources a chaplain the OIG or the EEO office. If sexual harassment is being reported, the supervisor initiates a management investigation. If sexual assault is being reported, stop and call your SARC or the SAPR hotline.

Lack of Consent

An expression of lack of consent, words, or conduct means there is no consent, Lack of verbal or physical resistance or submission, resulting from the use of force threat of force, or placing another person in fear does not constitute consent, A current, or previous dating, social or sexual relationship by itself, shall not constitute consent A sleeping, unconscious or incompetent person cannot consent.

Question 9: nine in this scenario, who should the supervisor call first?

B. SAPR hotline

Question 4: Supervisors will initiate a management investigation for

B. Sexual harassment

Continuum of Harm

Connects a broad range of deeply rooted beliefs, attitudes, and behaviors that lead to sexual violence. Healthy Environment: DLA climate of dignity and respect. Sexual Harassment: Gender, focus jokes, sexual comments and vulgar pictures, seductive behavior, and inappropriate advances, threats, blackmail, and sexual bribery. Sexual Assault: Sexual touching, pinching and groping, physical force, sexual fondling, forcible, sodomy, and rape.

Question 2: Which of the following are not examples of sexual assault?

C. Request sexual favors from a subordinate and exchange for time off

Question 8a: Is this sexual harassment, sexual assault or both

C. both (sexual harassment and sexual assault)

Question 5: five sexual harassment can be reported by

D. All of the Above (a victim, the victim supervisor, a third party)

Question 10: what are Drew's options?

D. All of the above (Speak with a SARC and EEO counselor, Request a no contact order, and/or Decline participation)

Question 3: A coworker persistently, asking another coworker for a date is considered?

D. B and C (sexual assault and sexual harassment)

Question 1: If an employee discloses a sexual assault, what do you do?

D. You call the SAPR hotline and have the employee talk to a SARC

Military Reporting Options - 2 Types

DOD Restricted Report and DOD Unrestricted Report. DOD restricted report is available to active duty, National Guard, Reservists and adult dependents of service members. This report is confidential. The victim has access to full SAPR services, including SARCS, victim advocates, military medical, counseling, and legal services. Law enforcement will not be notified without command involvement there are limitations when addressing safety concerns. The DOD unrestricted report is available to active duty national guard, reserve adult dependence, and OCONUS DoD civilian employees and contractors. This report is sensitive and need to know and carries with law-enforcement investigation and command involvement has access to SARCS, victim advocates, military medical counseling, and legal services.

Three Basic Intervention Techniques

Direct, Delegate, and Distract. Direct - To command or give orders a direct approach does not have to be aggressive or confrontational. You could directly approach the person who is being inappropriate or the potential target. You could also intervene by interrupting the situation in some way, if you think a direct intervention might not be safe, consider using one of the other techniques. Delegate - Means asking someone else to intervene. Asking or telling someone else to intervene or monitor the situation is a great way to intervene discreetly without a confrontation. Delegating may involved asking someone who has more power or authority to change the situation, if possible continue to observe and make sure the person you delegated to, is doing their job. Distract - Means to draw away or divert someone's attention. This technique is usually more effective when used on the aggressor because it can give the target a chance to exit the situation. It could also be used to start a conversation with the target, and then use the direct approach to address the safety concern.

Examples of Sexual Harassment

Discussing sexual activities, unnecessary, touching, commenting on physical attributes, displaying sexually suggestive pictures, using demeaning or inappropriate terms, using sexually explicit or unseemly gestures, using crude and offensive language, granting job favors to those who participate in consensual sexual activity and ostracizing workers of one gender by workers of the opposite gender

Reporting Timeline

Employees are encouraged to contact the EEO office no later than 45 calendar days from the date of the alleged discriminatory action.

Tangible Employment Action

Formally known as quid pro quo, this type can only occur when someone has the power to control the victims job and by doing so inflict monetary injury victims are often given ultimatums to submit to sexual advances or face firing, demotion, or non-consideration for promotions training, or other job related functions, demands may be in the form of overt or covert intimidation.

Title VII - Civil Rights Act of 1964

Includes actions of unwelcome, sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature.

Effects of Sexual Assalt

Low employee morale - can cause a decline an employee job performance, a loss and productivity, and an increase in absenteeism and use of sick leave. Lack of trust in leadership and peers - can lead to higher employee turnover, reduced engagement with customers and brand damage. Other impacts - include workers compensation claims increase security, and lawsuit, litigation costs.

MCIO

Military criminal, investigative organization. There are 3 MCIOs: - Navy and Marine Corps: Naval Criminal Investigative Services. - Army: Criminal Investigation Command. - Air Force: Office of Special Investigations. The MCO's are military law enforcement agencies with the authority to investigate, felony level crimes they may have expanded jurisdiction over DoD civilians, working, and OCONUS.

Third Party Sexual Harassment

Occurs when anyone is affected by the offensive behavior. Evaluation of the incident is based on the victims perspective, and a reasonable person standard.

Harrassment vs Assault

Sexual harassment is a form of workplace discrimination. It is investigated by EEO and or the office of Inspector General (OIG) or by management. Sexual harassment is inappropriate jokes, comments, leering, catcalls, wolf whistles, showing or sending photos request for sexual favors or tangible employment actions. It may also be physical. Sexual assault is a crime. It is investigated only by military or civilian law enforcement. Sexual assault is intentional. It is done without consent. It is physical sexual contact that includes, but it's not limited to the breasts, but genital areas, upper or inner thighs, both inside or outside the clothing .

Supervisor Role

Supervisors are to set a good example the tone and monitor the work environment. Supervisors will welcome concerns from employees. Communicate the policy, discuss disciplinary actions, and options, available to employees and take prompt action when sexual harassment is brought to their attention. Lastly, supervisors are always required to conduct a management investigation with cases of sexual harassment.

DoD Definition of Sexual Harrassment

The intentional sexual contact characterized by use of force threats, intimidation abuse of authority, or the victim does not, or cannot consent in other words, physical contact of a sexual nature without consent only the victim can determine whether she is a victim of sexual assault unwanted physical contact that might not be sexual and nature to some people could be sexually offensive to others. Likewise, there could be sexual language or conduct that makes a non-sexual sexually offensive to an individual is not the role of a supervisor or SAPR personnel to investigate the facts or decide whether an ordinary reasonable person would feel sexually victimized.

Hostile Work Environment

This type occurs when a supervisor, coworker, or someone else with whom the victim comes in contact within the workplace creates an abusive environment. The abusive environment is created by subjecting a person to offensive unwanted and unsolicited comments, and or behavior of a sexual nature that interferes with the employees work performance Trivial, isolated incidents, do not generally create a hostile work environment. A single utterance, joke or act does not always rise to the level of actionable harassment under the law.

Types of Sexual Harassment

Two types: Tangible Employment Action (quid pro quo) and Hostile Work Environment