ACN 085/18 AUG 2018 SEXUAL HARASSMENT IS UNLAWFUL AND HEREBY PROHIBITED

united states coast guard

 

 

ALCOAST COMMANDANT NOTICE                            CANCEL DATE 26 AUG 2019


R 271447 AUG 18
FM COMDT COGARD WASHINGTON DC//CCG//
TO ALCOAST
UNCLAS //N01600//
ACN 085/18
SUBJ:  SEXUAL HARASSMENT IS UNLAWFUL AND HEREBY PROHIBITED
A. Discipline and Conduct, COMDTINST M1600.2 (series)
B. Coast Guard Civil Rights Manual, COMDTINST M5350.4 (series)
1. Sexual Harassment has no place in the Coast Guard. Existing policies in REFs (A) and (B)
have long stated that our service does not tolerate Sexual Harassment. We can do more. This ACN
issues a general order, binding on every military member of the Coast Guard, explicitly prohibiting
Sexual Harassment. I direct all Coast Guard members to read the order detailed below. I direct all
unit commanders to discuss the details and implications of this order with unit personnel.
2. Definition: Sexual Harassment is defined as unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature when:
   a. Submission to such conduct is made either implicitly or explicitly a term or condition
of employment;
   b. Submission to or rejection of such conduct is used as a basis for employment decisions; or
   c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work
performance or creating an intimidating, hostile, or offensive working environment.
   d. This definition also encompasses unwelcome display or communication of sexually offensive
materials.
3. Policy: Sexual Harassment is prohibited. All Coast Guard personnel, military and civilian,
will be provided a work environment free from Sexual Harassment. Off-duty or non-duty behaviors
that affect the military workplace may also be considered to be Sexual Harassment.
4. Order: The prohibition of Sexual Harassment is a punitive general regulation, applicable to
all personnel subject to the Uniform Code of Military Justice, 10 U.S.C. §§ 801– 946 (as amended),
without further implementation. A violation of this prohibition is punishable in accordance with
the Uniform Code of Military Justice, 10 U.S.C. §§ 801 – 946 (as amended), specifically under
Article 92(1) (violation of or failure to obey a lawful general order or regulation).
5. Commands shall ensure wide dissemination of this ACN. This order is intended as an additional
tool for Commanders to address Sexual Harassment. The existing procedures in REF (B) are a means
for addressing allegations of Sexual Harassment throughout the Coast Guard workforce. The complaint
processes in REF (B), as well as other tools, including those that already exist in the UCMJ,
should continue to be used in appropriate situations.
6. These changes will be incorporated into the next update of REF (A), which will be released
within the next year.
7. Points of Contact:
   a. Office of Military Justice, COMDT (CG-LMJ) HQS-DG-LST-CG-LMJ@uscg.mil or
   b. Civil Rights Directorate, (888) 992-7387
8. Released by Admiral Karl L. Schultz, Commandant.
9. Internet release is authorized.