MCO 5354.1F
20 APR 2021
3-7 Enclosure (2)
17. Accepted Complaints. Commanders may direct either informal
Conflict Management or formal Complaint Resolution. The commander
shall assess the complaint and direct the appropriate complaint
resolution process in accordance with this Order. A
Complaint Assessment Tool is provided to assist commanders in
determining the appropriate resolution process for accepted
complaints. See Chapters 4 and 5, respectively, for each resolution
process.
18. PAC Complaint Assessment Tool. Commanders should use
their education and experience to determine if an alleged violation of
this Order has occurred and whether verbal counseling, training, or
other informal corrective measures would be adequate to appropriately
address the PAC violation. Commanders will consider the totality of
the circumstances and the evidence available to them in making this
determination. The below assessment questions are provided to assist
commanders in determining the appropriate resolution process from the
Complaints are
analyzed on a case by case basis.
a. Commanders should consider the following factors when
determining how to direct complaint resolution:
(1) Whether there is credible evidence of the alleged
prohibited conduct
(2) Whether the conduct was verbal or physical or both;
(3) Whether it was an isolated incident or a pattern of
behavior;
(4) The period of time the conduct occurred;
(5) Whether the subject targeted the recipient;
(6) Whether the recipient participate in the conduct;
(7) Whether the recipient themselves committed prohibited
conduct;
(8) Whether the conduct was hostile and patently offensive;
(9) Whether the subject was a co-worker or supervisor;
(10) Whether other personnel joined in perpetrating the
prohibited activity; and
(11) Whether the conduct was directed at more than one
individual.
MCO 5354.1F
20 APR 2021
3-8 Enclosure (2)
b. If a commander needs more information, the accepted complaint
should be processed using the formal Complaint Resolution process in
Chapter 5 of this Order.
19. Cross-Over Complaints. Commanders may receive reports of alleged
PAC involving both Service members and non-Service members, for
example DOD civilian employees. In such cases, this Order is
applicable to those Service members over whom the commander exercises
appropriate authority. Only an aggrieved Service member will be
considered a complainant and able to seek administrative redress under
this Order and its implementing process (See Appendix C). Commanders
may determine the appropriate actions to investigate complaints of
alleged PAC committed by assigned Service members against a non-
Service member in consultation with their CJA/SJA in accordance with
their appropriate authorities. DOD civilians, and all other non-
Service members shall pursue any complaints in accordance with
separate issuances regarding applicable Equal Employment Opportunity
(EEO) regulations for appropriate redress. For example, if a civilian
employee files a PAC complaint of sexual harassment against a Service
member, the civilian complaint does not fall under the purview of this
Order and will be referred to the EEO office. This Order does not
provide for redress of the civilian employee. However, the commander
shall take appropriate actions to investigate and resolve allegations
with respect to the assigned Service member to maintain good order and
discipline within their command.
Note 7: As a best practice, commanders should ensure appointed IO address questions 1
-
11
within their report of investigation to help ensure the commander has the information necessary
to make an informed complaint resolution decision.
