View Full Version : Sexual harassment in the workplace question
SSgtAllen3381
04-30-2008, 10:53 AM
A Cpl called me yesterday to tell me that a Lcpl was tired of a Sgt going around telling people that he slept with her (Lcpl doing the accusing).
I've talked to the Sgt and he's stated emphatically that it's not true and "she approached me and I turned her down".
So, if she is lying about said allegations, what can be done to her? What can be done to him? I have never had to deal with this before; Infantry Battalions don't have female/male relationship problems.
TIA.
Proud Mom
04-30-2008, 02:06 PM
If I were you I'd contact the legal office and get the policies for this.
I work civilian. As being management before I retired we would have to take a written and oral statement from each person. We would try to back up incidents on camera and we would ask for any witness names during the alleged confrontations to question them. Then we would call our legal hotline.
Sexual allegations have to handled carefully.
I know...no help..just a different persepctive...call Legal Office on base and get a checklist guideline policy to follow.
SSgtAllen3381
04-30-2008, 02:08 PM
Proud Mom, you indeed helped and another set of eyes is always a good thing.
Thank you
THELADYKT
04-30-2008, 02:15 PM
Lets start with: 1) going to the first sergeant/command chief 2) going to EEO office to make complaint.
If 1 fails, and 2 has to get involved. The person could be charged under UCMJ with:
891. ART. 91. INSUBORDINATE CONDUCT TOWARD WARRANT OFFICER, NONCOMMISSIONED OFFICER, OR PETTY OFFICER
Any warrant officer or enlisted member who--
(2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer, or petty officer; or
(3) treats with contempt or is disrespectful in language or deportment toward a warrant officer, noncommissioned officer, or petty officer while that officer is in the execution of his office;
shall be punished as a court-martial may direct.
892. ART. 92. FAILURE TO OBEY ORDER OR REGULATION : If she's been told to stop already
917. ART. 117. PROVOKING SPEECHES OR GESTURES
Any person subject to this chapter who uses provoking or reproachful words or gestures towards any other person subject to this chapter shall be punished as a court-martial may direct.
and maybe
934. ART. 134. GENERAL ARTICLE
Though not specifically mentioned in this chapter, all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces, and crimes and offenses not capital, of which persons subject to this chapter may be guilty, shall be taken cognizance of by a general, special or summary court-martial, according to the nature and degree of the offense, and shall be punished at the discretion of that court.
ringjamesa
04-30-2008, 03:26 PM
Ok, just to make sure I have this straight; Person A (Cpl)called you and said that person B(Lcpl) was tired of person C (Sgt) talking smack? Person C denied talking smack. Did you talk to person B? If person B doesn't have a complaint, there is nothing that needs to be done except to tell person A to mind their own business. It seems to me that you are only getting the allegations second hand. If person B came to you and said they were tired of person C talking smack then you would be obligated to do something. That doesn't seem to be the case. As it stands now, you don't even know if person B has a complaint. You have a classic case of he said she said about him. It seems to me that you are jumping to the conclusion that she either has a valid complaint or is lying. Without speaking to her directly you don't know if either one is true. Maybe person A just felt like stirring the pot a little and creating a little excitement in the unit. i would try to get to the bottom of the situation before accusing anyone of anything.
SSgtAllen3381
05-01-2008, 09:34 AM
Ring, I'm not jumping to conclusions and I don't appreciate you assuming I did.
Thanks for your insightful input.
ringjamesa
05-01-2008, 01:40 PM
SSgt Allen, I didn't jump to conclusions. That is why I reiterated my perception of what you said and based my answer off of what I thought you were saying. If I was incorrect in my interpretation, then my answer would of course be flawed. Sorry if I offended you.
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