Page:DoD Instruction 1020.04.pdf/10

DoDI 1020.04, June 30, 2020 4.2. HARASSMENT THAT DETRACTS FROM AN EFFICIENT WORKPLACE.

DoD Components will identify venues to process allegations of harassment that do not involve an EEO complaint or criminal allegations but do detract from an efficient workplace. These processes may include both formal and informal procedures.

4.3. EEO COMPLAINTS OF UNLAWFUL DISCRIMINATORY HARASSMENT.

Allegations of unlawful discriminatory harassment may be reported to a DoD EEO office, in accordance with DoDD 1440.1 and Part 1614 of Title 29, Code of Federal Regulations. Individuals reporting unlawful discriminatory harassment must be informed that, in order to pursue this avenue of redress, they must make a report within the statutory 45-day time limit. This process does not permit third-party harassment allegations, and limits the stage at which anonymous allegations may be made. This process does not address behaviors that are not unlawful discriminatory harassment.

4.4. HARASSMENT ALLEGATIONS OF A CRIMINAL NATURE.

a. 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 agency. The DoD Component’s process to respond to harassment allegations may occur collaterally only if it does not hinder the criminal investigation.

b. The appropriate Military Criminal Investigative Organization or the Pentagon Force Protection Agency will immediately notify the Department of Justice, in accordance with DoDI 5525.07, of criminal allegations involving perpetrators who are not subject to Chapter 47, Title 10, U.S.C. (also known and referred to in this issuance as “the Uniform Code of Military Justice”) when the alleged crime occurred on a military installation or the Pentagon Reservation.

c. Reports and disclosures of sexual assault by DoD civilian employees who are adult military dependents, members of the Reserve Component, or stationed outside the continental United States are covered by DoDD 6495.02, which contains the policy for eligibility for Restricted (confidential) and Unrestricted reporting and Sexual Assault Prevention and Response services. For other civilian employees, please refer to DoDI 1438.06.

4.5. SEXUAL HARASSMENT ALLEGATIONS MADE TO A COMMANDING OFFICER OR OFFICER IN CHARGE.

A sexual harassment complaint made by a subordinate DoD civilian employee to a commanding officer or officer in charge of a unit, vessel, facility, or area of the Army, Navy, Air Force, Marine Corps, or Space Force will be processed in accordance with the timelines and requirements identified in Section 1561 of Title 10, U.S.C. This process does not supplant the process identified in Paragraph 4.3. Rh