ACN 007/21 - JAN 2021 A CADRE OF TRAINED INVESTIGATORS BEING FORMED

R 212041Z JAN 21
FM COMDT COGARD WASHINGTON DC
TO ALCOAST COMDT NOTICE

UNCLAS
ACN 007/21
SSIC 5250
SUBJ:  A CADRE OF TRAINED INVESTIGATORS BEING FORMED
A. Administrative Investigations Manual, COMDTINST M5830.1 (series)
B. U.S. Coast Guard Civil Rights Manual, COMDTINST M5350.4 (series)
1. This notice is to set forth guidance for establishing
a pool of eligible, ready, trained, and neutral investigating
officers (I/Os) to conduct Anti-Harassment and Hate Incident
(AHHI) investigations in accordance with REF (A). A
pool of trained investigators will aid convening authorities
in the selection of impartial investigating officers, external
to the command unit under investigation, and unconnected
professionally or personally to the command or the reporting
party. It is presumed that a trained and ready pool of
investigators facilitate and streamline the conduct of
investigations. AHHI I/O is a collateral duty function,
and chosen personnel will perform investigations service-wide.
2. The AHHI I/O cadre or pool is being constituted via a
prescribed method. Command Officers/Officers in Charge
(CO/OICs) with a workforce of 150 or more positions must
appoint personnel to AHHI I/O pool by the following formula:
appoint one I/O for every 150 members in the workforce.
CO/OIC is defined as unit Commanders, Commanding Officers,
Officers-In-Charge, Deputy/Assistant Commandants, Directors,
and Chiefs of Headquarters staff elements.
3. While REF (A) limits convening authority for investigations
to CO/OICs, REF (B) allows division chiefs, department heads,
and official supervisors and managers with the authority, to
make I/O appointments in accordance with Paragraph 2. Commands
will additionally ensure that all appointees ready themselves
to conduct AHHI investigations for the entire service, foremost
by completing DHS and Coast Guard Anti-Harassment Investigator
Training located on the Coast Guard Learning Management System
at https://elearning.uscg.mil/, course code 100326. This module
provides in-depth guidance on the roles and responsibilities of
an I/O and links to a host of guidance and doctrine.
4. CO/OICs of the requisite size units are required to appoint
I/Os NLT 28 February 2021, and to then forward the following
for each: name, rank, OPFAC, unit, location, training completion
date, date assigned, rotation date, and the nominating official.
The information should be sent to the POC in Paragraph 9, and will
be captured and published at: https://cglink.uscg.mil/9d9ce1a6,
a resource portal site, to aid convening authorities in finding
AHHI I/Os. This site also provides AHHI investigative tools
and resources.
5. To support an AHHI I/O pool that reflects the Coast Guard
workforce, appointments must include civilian employees, GS-12
and above; senior enlisted members, E-7 and above; and officers
O-3 and above. When nominating AHHI I/Os to the pool, CO/OICs
are required to consider factors such as maturity, temperament,
current assignments, workload, education, past experience as an
investigating officer, writing skills, demonstrated ability to
exercise discretion and maintain confidentiality, and the ability
to apply analytical and critical thinking skills. Employees in
lower grade levels than established above who express a desire
to be nominated to the pool can participate with CO/OIC approval;
however, CO/OICs must fill the nomination pool quota identified
in Paragraph 2 first with the grade requirements outlined above.
The workload of one AHHI I/O may be estimated at two to three
investigations per year. AHHI I/Os are not required to travel
to perform investigator duties as typically data collection
occurs by phone, email and collaborative electronic sharing
platforms. AHHI I/Os must ensure that all electronic documents
are secured with passwords and conversations are protected at
all times. CO/OICs appointing personnel to serve as investigating
officers are encouraged to recognize this collateral duty
function. 
6. CO/OICs may use I/Os who are not in the pool so long as
they meet the criteria specified in the training, have
completed the training, and have no substantive professional
or personal associations to the location and matter being
investigated, such that a reasonable person with knowledge
of the facts and circumstances would not question the I/O’s
impartiality. The goal of the pool of trained investigators
is to ensure that convening authorities have access to
qualified investigators, thereby promoting prompt and effective
response to reports of harassment. The overall goal is timely,
thorough investigations conducted by qualified and unbiased
individuals. CO/OICs shall also adhere to the rank and grade
requirement established in REF (A), Chapter 3.B.3.a.,
when appointing an individual to serve as an investigator.
7. This guidance will be incorporated into the next revision
of REF (B). Additionally, for more information about AHHI,
go to https://www.uscg.mil/Resources/Civil-Rights/AHHI/.
8. This message will be cancelled on 15 JAN 2022.
9. The POC to whom names should be submitted is: Mr. Eriz Gonzales,
email Eriz.S.Gonzales@uscg.mil. Direct any questions regarding the
policy or REF (B) to Ms. Francine Blyther, Assistant Civil Rights
Director at 202-372-4520.
10. Released by Dr. Terri A. Dickerson, Civil Rights Director
(CG-00H).
11. Internet release is authorized.