Page:United States Statutes at Large Volume 111 Part 2.djvu/681

 PUBLIC LAW 105-85—NOV. 18, 1997 111 STAT. 1761 Department of Defense shall carry out an investigation of the matter in accordance with this section. "(b) COMMENCEMENT OF INVESTIGATION. — To the extent practicable, a commanding officer or officer in charge receiving such a complaint shall, within 72 hours after receipt of the complaint— "(1) forward the complaint or a detailed description of the allegation to the next superior officer in the chain of command who is authorized to convene a general court-martial; "(2) commence, or cause the commencement of, an investigation of the complaint; and "(3) advise the complainant of the commencement of the investigation. "(c) DURATION OF INVESTIGATION. —TO the extent practicable, a commanding officer or officer in charge receiving such a complaint shall ensure that the investigation of the complaint is completed not later than 14 days after the date on which the investigation is commenced. "(d) REPORT ON INVESTIGATION. —To the extent practicable, a commanding officer or officer in charge receiving such a complaint shall— "(1) submit a final report on the results of the investigation, including any action taken as a result of the investigation, to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced; or "(2) submit a report on the progress made in completing the investigation to the next superior officer referred to in subsection (b)(1) within 20 days after the date on which the investigation is commenced and every 14 days thereafter until the investigation is completed and, upon completion of the investigation, then submit a final report on the results of the investigation, including any action taken as a result of the investigation, to that next superior officer. "(e) SEXUAL HARASSMENT DEFINED. — In this section, the term 'sexual harassment' means any of the following: "(1) Conduct (constituting a form of sex discrimination) that— "(A) involves unwelcome sexual advances, requests for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature when— "(i) submission to such conduct is made either explicitly or implicitly a term or condition of a person's job, pay, or career; "(ii) submission to or rejection of such conduct by a person is used as a basis for career or emplo3ment decisions affecting that person; or "(iii) 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 work 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

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