ALCOAST 487/24 - DEC 2024 REGULATIONS REGARDING SUBSTANTIATION OF SEXUAL HARASSMENT COMPLAINTS UNDER ARTICLE 134, UNIFORM CODE OF MILITARY JUSTICE

R 311453Z DEC 24   MID120001674463U
FM COMDT COGARD WASHINGTON DC
TO ALCOAST
BT
UNCLAS
ALCOAST 487/24
SSIC 5800
SUBJ: REGULATIONS REGARDING SUBSTANTIATION OF SEXUAL HARASSMENT
COMPLAINTS UNDER ARTICLE 134, UNIFORM CODE OF MILITARY JUSTICE
A. Article 1(17), Uniform Code of Military Justice (effective
January 1, 2025)
B. Harassing Behavior Prevention, Response, and Accountability,
COMDTINST 5350.6 (series)
C. Paragraph 107a of the Manual for Courts-Martial [Article 134
Sexual Harassment]
D. Military Justice Manual, COMDTINST 5810.1H
E. Rule for Courts-Martial 301
1. Under REF (A), effective January 1, 2025, special trial counsel
assigned to the Office of the Chief Prosecutor (OCP) have exclusive
authority to refer any charge or specification alleging a
"standalone offense of sexual harassment punishable under [Article
134, UCMJ] in each instance in which a formal complaint is made and
such formal complaint is substantiated in accordance with
regulations prescribed by the Secretary concerned." This ALCOAST
prescribes regulations to implement REF (A).
2. "Formal complaint" refers to a report of sexual harassment
investigated pursuant to REF (B) or as part of a Coast Guard
Investigative Service (CGIS) investigation.
3. A formal complaint is "substantiated" when a convening authority
concludes, in writing, that sexual harassment as defined in REF (C)
has occurred and any appeal or a request for consideration has been
denied or no appeal or request for reconsideration under REF (B) is
made within the specified time limit.
4. A substantiated formal complaint shall be considered a report of
a covered offense under REF (E). The staff judge advocate for the
convening authority shall promptly forward the report of the
substantiated complaint to a special trial counsel assigned to the
Office of the Chief Prosecutor. Commanding officers will not take
administrative action under REF (B) unless the special trial
counsel defers action.
5. Nothing in this ALCOAST limits a staff judge advocate or CGIS
from engaging or notifying OCP prior to a sexual harassment formal
complaint being substantiated.
6. Additional guidance will be promulgated in the next update of
REF (C) and REF (D), which will be released within the next year.
7. This message will be cancelled on 1 JAN 2026.
8. My point of contact on this policy is the Office of Military
Justice, CAPT Anita Scott (anita.scott@uscg.mil).
9. RDML R.E. Batson, Judge Advocate General and Chief Counsel
(CG-094), sends.
10. Internet release is authorized.