3-8
discipline, readiness, and military effectiveness. CMEO
aids in achieving these goals.
Sexual Harassment
Sexual harassment is a type of sex discrimination.
Like all discrimination, it is prohibited. It violates the
standards of honesty, integrity, and impartiality required
of all DON personnel. All Navy personnel have a
responsibility to maintain a working environment free of
sexual harassment. Additionally, off-duty behaviors that
affect the military workplace may be considered to be
sexual harassment.
SECNAVINST
5300.26C
defines
sexual
harassment as follows: A form of sex discrimination
that involves 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
explicitly or implicitly a term or condition of a persons
job, pay, or career; or,
b. Submission to or rejection of such conduct by a
person is used as a basis for career or employment
decisions affecting that person; or,
c. Such conduct has the purpose or effect of
unreasonably interfering with an individuals work
performance or creates an intimidating, hostile, or
offensive working environment.
Leaders must set the example in treating all people
with dignity and respect. Sexual harassment in any form
must not be ignored or condoned. Individuals who
believe they have been sexually harassed should be
encouraged to address their concerns or objections.
Additionally, the recipients of sexual harassment must
be assured that they also subsequently will not be the
victims of reprisal or retaliation. Leaders and
supervisors must foster a positive climate and take
appropriate corrective action when conduct is disruptive,
provoking, discriminatory, or otherwise unprofessional.
All DON personnel, military and civilian, are
accountable for their actions and are responsible for
treating others with dignity and respect.
Fraternization
The Navy historically has relied upon custom and
tradition to define the bounds of acceptable personal
relationships among its members. The Navy always
encourages proper social interaction among officer and
enlisted
members.
Unduly
familiar
personal
relationships between officer and enlisted members
traditionally have been contrary to naval custom. Such
relationships undermine the respect for authority that is
essential to the Navys ability to accomplish its military
mission. Naval custom prevents personnel from using a
senior grade or position to show (or give the impression
of showing) favoritism or preferential treatment or for
personal gain. It also helps prevent officers from
becoming involved in other actions that undermine good
order, discipline, authority, or unit morale. In a like
manner, custom requires that junior personnel recognize
and respect the authority inherent in a seniors grade,
rank, or position.
Fraternization is the traditional term used to
identify personal relationships that cross the usual
bounds of acceptable senior-subordinate relationships.
Although its common application applies to the officer-
enlisted relationship, fraternization also includes
improper relationships between senior and junior officer
members and between senior and junior enlisted
personnel.
Fraternization is punishable as an offense under the
UCMJ when it is prejudicial to good order and discipline
or brings discredit to the naval service. This manual
cannot cite every act that may be prejudicial to good
order and discipline or is service discrediting; the
circumstances often have more to do with making the act
criminal than the act itself. However, dating,
cohabitation, or sexual intimacy between officers and
enlisted members is clearly inappropriate. A private
business partnership between officers and enlisted
persons also is inappropriate. Likewise, such conduct
between officers and between enlisted members in which
a senior-subordinate supervisory relationship exists is
equally inappropriate. Conduct that is fraternization is
not excused by a later marriage between the offending
parties.
The responsibility for preventing inappropriate
relationships rests primarily on the senior member. The
Navy expects the senior party to control and prevent the
development of inappropriate senior-subordinate
relationships. However, since the Navys fraternization
policy applies to both members, both are accountable for
their own conduct.