EO COMPLAINT PROCEDURES
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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.

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EO COMPLAINT PROCEDURES

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Eo complaint procedures

EO COMPLAINT PROCEDURES


Overview

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

TYPES OF EO COMPLAINTS

  • INFORMAL

  • FORMAL


Informal complaints

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


Informal complaints1

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


Eo complaint procedures

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


Eo complaint procedures

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


Eo complaint procedures

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


Commander alternative agency responsibilities

COMMANDER / ALTERNATIVE AGENCYRESPONSIBILITIES

COMMANDER/ALTERNATIVE AGENCY RESPONSIBILITIES

  • Ensure information is complete

  • Ensure individual is sworn to complaint

  • Clarify basis of complaint

  • Identify additional information


Commander alternative agency responsibilities1

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


Elements of inquiry investigation

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


Actions to resolve a complaint

ACTIONS OF THE COMMANDER

ACTIONS TO RESOLVE A COMPLAINT

  • Unsubstantiated

  • Substantiated


Unsubstantiated

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)


Substantiated

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)


Appeals process

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


Reprisal

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


Forms of reprisal

FORMS OF REPRISAL

  • THREATENING

  • INTIMIDATION

  • HARASSMENT


Reporting incidents of reprisal

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


Eo complaint procedures

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.


Eo complaint procedures

GOAL

GOAL

Resolve at lowest

level within the

chain of command


Overview1

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


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