DEPARTMENT OF THE NAVYOFFI CE OF T H E SECRETARY
1000 N AVY PENTAGONW A SH I NGTO N DC 20350·1000

SECNAVINST 5300.26E
ASN (M&RA)

SECNAV INSTRUCTION 5300.26E

2 8 MAY 2020

From:

Secretary of the Navy

Subj:

DEPARTMENT OF THE NAVY POLICY ON SEXUAL HARASSMENT

Encl:

(1)
(2)
(3)
(4)

References
Definitions
Responsibilities
Harassment Response Procedures for Commanders andSupervisors of DON Civilians(5) Range of Behaviors which Constitute Sexual Harassment(6) Informal Resolution Procedures for Military Members

1. Purpose . To provide a comprehensive Department of the Navy
(DON) policy for all military and civilian personnel on theidentification, prevention, and elimination of sexual harassment
and to establish regulations to enforce policy in accordancewith the references (a) through (q). This instruction is acomplete revision of enclosures (1) through (6) and must be
reviewed in its entirety.
2.

Cancellation.

SECNAVINST 5300.26D.

3.

Definitions.

See enclosure (2).

4. Applicability. This instruction applies to all DON
personnel, specifically: active-duty military personnel, both
Regular and Reserve; DON civilians including non-appropriatedfund employees; cadets and midshipmen of the Naval Academy andof the Naval Reserve Officer Training Corps; and Reserve
personnel when performing active or inactive duty for training,or engaging in any activity directly related to the performanceof a Department of Defense (DoD) reserve duty or function.
5.

Policya. The Navy-Marine Corps team must be composed of an
optimally integrated group of men and women who are able to work
together to accomplish the mission. Each member of the team is

SECNAVINST 5300.26E

entitled to be treated fairly, with dignity and respect, andmust be allowed to work in an environment free of sexual
harassment. Additionally, each member is expected to abide by
the DON Core Values of Honor, Courage, and Commitment.
Sailors,
Marines, and Civilians who model the Core Values do not engage
in negative behaviors such as sexual harassment as explained in
enclosure (5), and do not condone those behaviors in others.
b. The DON is committed to a culture of dignity andrespect, where sexual harassment is never tolerated, victims
have access to comprehensive support, and offenders are held
appropriately accountable.
Sailors, Marines, and Civilians, atevery level o_f leadership, are personally responsible fordemonstrating professional and ethical behavior in all settings,
and at all times - while on duty, at home, and online.
c.
The DON is committed to maintaining a work environment
free from sexual harassment.
In support of this commitment, it
is DON policy that:(1) Sexual harassment is unacceptable conduct and will
not be tolerated.
Off-duty or non-duty behaviors, including
those by Reserve component members that affect the workplace may
also be considered to be sexual harassment.
(2) DON leaders are responsible for setting andenforcing an environment that is non-permissive to thesedestructive and demoralizing behaviors. All DON personnel,
military and civilian, will be provided a work environment freeof sexual harassment.
(3) DON personnel called upon to conduct or review
ihvestigations into alleged incidents of sexual harassment mustreceive training in DON policy on sexual harassment andinvestigative methods and processes.
(4) All DON personnel, military and civilian, who
believe they have been sexually harassed must be provided theopportunity to seek resolution and redress.
Commanders andthose in supervisory positions will ensure that reports ofsexual harassme~t can be made in a command climate that does nottolerate acts of retaliation or intimidation. All DON personnel
will be made aware of the avenues of resolution and redress thatare available.

2

SECNAVINST 530D.26E(S} All reported incidents of sexual harassment must be
investigated, resolved at the lowest appropriate level, and willmeet the requirements of reference (a} where applicable.
The
nature of the investigation will depend upon the particular
facts and circumstances and may consist of an informal inquiry
where that action is sufficient to resolve factual issues. All
incidents must be resolved promptly and with sensitivity.
Confidentiality will be maintained to the maximum extent
possible.
Feedback will be provided to all affected individuals
consistent with the requirements of references (b) and (c), andother pertinent laws, regulations, and negotiated agreements.
For military members, both the complainant and the subject(s) ofa sexual harassment complaint may appeal administrative
findings.
(6) Counseling support or referral services will be madeavailable for all DON personnel alleging incidents of sexual
harassment.
d. The rules in subparagraph Sd{l) are regulatory orders
and apply to all DON personnel individually and without further
implementation. A violation of these provisions by military
personnel may be punishable per the Uniform Code of Military
Justice {UCMJ), and may be a basis for disciplinary action withrespect to civilians. The prohibitions in subparagraph Sd{l)apply to all conduct which occurs in or affects a DoD working
environment, or otherwise meets the definition of sexual
harassment, as defined in enclosure (2).
(1) DON personnel, military or civilian, will notintentionally or recklessly:(a) Engage in conduct that constitutes sexual
harassment, as defined in enclosure (2).
(b) Retaliate against a person who provides
information on an incident of alleged sexual harassment,
obstruct an investigation of sexual harassment, or act toprevent a victim or witness from reporting sexual harassment.
(c} Make a false accusation of sexual ha.rassment ..

3

SECNAVINST 5300.26E{d} While in a supervisory or command position,
condone or ignore sexual harassment or allegations of sexual
harassment.
(2) The appropriate action to resolve a substantiatedincident of sexual harassment will depend upon the circumstances
surrounding that incident.
Incidents of sexual harassment covera wide range of behaviors, from verbal comments to physicalacts, and can be subtle or overt. Likewise, the full range ofadministrative and disciplinary actions is available to address
sexual harassment.
In the case of military personnel, theseinclude informal counseling, comments in fitness reports andevaluations, administrative separation, and punitive measures
under the UCMJ.
In the case of civilians, the range ofpenalties includes informal counseling and disciplinary action,
including removal from the Federal Service.
(3) Military personnel of the Navy and Marine Corps must
be processed for administrative separation on the first
substantiated incident of sexual harassment involving any of thefollowing circumstances (for the purposes of this subparagraph,
an incident is substantiated if there has been a court-martial
conviction or if the Commanding Officer determines that sexual
harassment has occurred):(a) Action, threats, or attempts to influenceanother 1 s career or job in exchange for sexual favors.
(b) Rewards in exchange for sexual favors.
(c) Physical contact of a sexual nature which, if
charged as a violation of the UCMJ, could result in punitive
discharge.
(4) Commanders are not precluded from initiating
administrative separation proceedings for reasons set forth in
the appropriate service regulations for individuals whose
conduct warrants separation not covered in subparagraph 5e (3).
6.

Responsibilities.

See enclosure (3).

4

SECNAVINST 5300.26E

2 B MAY 2020
7.

Records Management

a. Records created as a result of this instruction,
regardless of format or media, must be maintained anddispositioned according to the records disposition schedules
found on the Directives and Records Management Division (DRMD)
portal page:https : //portal.secnav . navy . mil/orgs/DUSNM/DONAA/DRM/Site
Pages/Home . aspxb.
For questions concerning the management of records
related to this instruction or the records dispositionschedules, please contact your local Records Manager or the DRMD
program office.
8.
Information Management Control. The reporting requirements
contained in enclosure (3), paragraph 3g and enclosure (4),paragraph 2g are exempt from information collection control, perreference (q), Part IV, paragraph 7n.

GREGORY J. SLAVONIC
Assistant Secretary of the Navy
(Manpower and Reserve Affairs)
Performing the Duties of theUnder Secretary of the NavyDistribution:
Electronic only, via Navy Directives Web site
https://www . secnav . navy.mil/doni/

5

SECNAVINST 5300.26E

REFERENCES(a) 10 u.s.c. § 1561(b) 5 u.s.c. § 552(c) 5 U.S.C. § 552a(d) DoD Instruction 1020.03 of 8 February 2018(e} DoD Retaliation Prevention and Response Strategy
Implementation Plan of January 2017(f) 29 C.F.R. § 1614(g) SECNAVINST 5370.7D(h) SECNAVINST 1752.IC(i) Title VII of the Civil Rights Act of 1964, as amended 42
U.S.C.

(j)
(k)
(1)
(m)
(n)
(o)
(p)
(g)

2000e

DoD Directive 1350.2 of 18 August 1995
DoD Directive 1440.1 of 21 May 1987
SECNAVINST 5800.12B
DoD Directive 7050.06 of 17 April 2015
SECNAV M-5210.1
DoD Instruction 5015.02 of 2 February 2015
DoD Instruction 6400.07 of 11 Novemb.er 2013
SECNAV M-5214.1

Enclosure (1)SECNAVINST 5300.26E

DEFINITIONS

1. Covered Employee.
Pursuant to reference (a), a civilian
employee who is an aggrieved person directly supervised by a
Commanding Officer or Officer-in-Charge of a unit, vessel,
facility or area of the Army, Navy, Air Force, or Marine Corps.
A complaint from a covered employee implicates reference (a)regardless of whether the covered employee initiates a complaint
pursuant to reference (f).
2.
Fact Finder. A military meinber or civilian employee
assigned by a proper authority to investigate and establish theveracity of allegations by a civilian employee of hostile work

environment, harassment, or sexual harassment.
3. Harassment.
Behavior that is unwelcome or offensive to areasonable person, whether oral, written, or physical, thatcreates an intimidating, hostile, or offensive environment.
Harassment can occur through electronic communications,
including social media, other forms of communication, and inperson. Harassment may include: offensive jokes; epithets;
ridicule or mockery; insults or put-downs; displays of offensive
objects or imagery; stereotyping; intimidating acts; veiled
threats of violence; threatening or provoking remarks; racial orother slurs; derogatory remarks about a person's accent; -ordisplays of racially offensive S}!!Tlbols. Activities or actions
undertaken for a proper military or governmental purpose, suchas combat survival training, are not considered harassment.
4. Management Official. A military member or civilian employeewith authority to initiate and oversee an inquiry required toaddress allegations by a civilian employee of hostile work
environment, harassment, or sexual harassment.
5. Reasonable Person Standard. An objective test used todetermine if behavior meets the legal test for harassment.
The
test requires a hypothetical exposure of a reasonable person to
the same set of facts and circumstances as reported in thecomplaint.
The reasonable person standard does not rely upon
subjective or stereotyped notions of acceptable behavior withinthat particular work environment.
6. Retaliation. Retaliation encompasses illegal,
impermissible, or hostile actions taken by a Service Member's­
chain of command, peers, or coworkers as a result of making or
being suspected of making a protected communication, or
reporting or being suspected of reporting a criminal offense.

Enclosure ( 2}

SECNAVINST 5300.26E

Retaliation can occur in several ways, including reprisal,
ostracism, or maltreatment.
For additional definitions on thefull range of retaliatory behaviors, see references (d), (e),and (g) .

7.
Sexual Assault.
Pursuant to reference (h), intentional
sexual contact characterized by the use of force, threats,
intimidation or abuse of authority, or when the victim does notor cannot consent. As used in this instruction, the term
includes a broad category of sexual offenses consisting of thefollowing specific UCMJ offenses:
rape; sexual assault;
aggravated sexual contact; abusive sexual contact; or attempts
to commit these offenses.
8.
Sexual Harassment.
Sexual harassment is conduct that meetsthe conditions of either paragraph Sa .or Sb below:a.
Harassment on the basis of sex is a violation of Section
703 of reference (i) which piovides Equal Employment Opportunity(EEO) for civilian applicants and employees.
Pursuant toreferences (a) and (k), unwelcome sexual advances, requests forsexual favors, and other verbal or physical conduct of a sexual
nature constitute sexual harassment when:(1) Submission to such conduct is made either explicitly
or implicitly a term or condition of an individual's employment.
(2) Submission to or rejection of such conduct by anindividual is used as the basis for employment decisions
affecting such individual.
{3) Such conduct has the purpose or effect of
unreasonably interfering with an individual's work performanceor creating an intimidating, hostile, or offensive working
environment.
b.
For all military members and covered employees, sexual
harassment means any of the following:{l) Conduct that:{a) Involves unwelcome sexual advances, requests forsexual favors, and deliberate or repeated offensive comments or
gestures of a sexual nature when:2

Enclosure (2)SECNAVINST 5300.26E

1.

Submission to such conduct is made either

explicitly or implicitly a term or condition of a person's job,pay, or career.
2.

Submission to or rejection of such conduct

by a person is used as a basis for career or employment

decisions affecting that person.
3.
Such conduct has the purpose or effect of
unreasonably interfering with an individual's work performanceor creates an intimidating, hostile, or offensive working
environment.
(b) Is so severe or pervasive that a reasonable
person would perceive, and the victim does perceive, theenvironment as hostile or offensive.
(2) Any use or condonation, by any person in asupervisory or command position, of any form of sexual behavior
to control, influence, or affect the career, pay, or job of amember of the armed forces or a civilian employee of the DoD.
(3) Any deliberate or repeated unwelcome verbal comment
or gesture of a sexual nature by any member of the armed forces
or civilian employee of the DoD.
9. Work Environment.
The workplace or any other place that iswork-connected, as well as the conditions or atmosphere underwhich people are required to work. Examples of work environment
include, but are not limited to: an office; an entire officebuilding; a DoD base or installation; DoD ships, aircraft orvehicles; anywhere when engaged in official DON business; aswell as command-sponsored social, recreational, and sporting
events, regardless of location.

3

Enclosure (2)SECNAVINST 5300.26E

Responsibilities
1.
The Assistant Secretary of the Navy (Manpower and Reserve
Affairs (ASN (M&RA)) will,a.
Establish a civilian sexual harassment prevention andresponse program that meets the requirements of reference (k).
b.
Provide oversight of Navy and Marine Corps sexual
harassment prevention and response programs.
{l) Review annual reports submitted as required byparagraphs 2a, 2b, and 3c of this enclosure.

(2) Monitor prevalence as measured in available survey
data (e.g. Workplace and Gender Relations Surveys).
(3) Review and take appropriate action in response toannual command climate reports submitted as required byparagraph 3g of this enclosure.
2.

The Naval Inspector General will:a.
Provide a summary of hotline allegations involving
sexual harassment for the previous fiscal year by 15 December
annually to the ASN (M&RA}. The summary must include total
number of sexual harassment reports; race, sex, and ranks of thecomplainant{S) and alleged offender(s); number of substantiatedor unsubstantiated reports; and if substantiated, theadministrative or disciplinary action that resulted.
b.
Provide a summary of allegations· against Flag andGeneral Officers and Senior Executive Service (SES) officials
relating to sexual harassment for the previous fiscal year by 15
December annually to ASN (M&RA) . The summary must inc.lude thetotal number of sexual harassment reports; race, sex, and ranksof the complainant(s) and alleged offender(s); number ofsubstantiated or unsubstantiated reports; and if substantiated,
the administrative or disciplinary action that resulted.
The
Naval Inspector General is normally the investigative authority
for all sexual harassment reports against Flag Officers and someSES officials in accordance with reference (1).
c.
Include specific assessments of sexual harassment
prevention and response programs in all command inspections andarea visits, and ensure that subordinate inspector generals

Enclosure (3)SECNAVINST 5300.26E

include sexual harassment program prevention and response
assessments in their own unit-level inspection programs.
3. The Chief of Naval Operations and Commandant of the Marine
Corps will:a. Establish military sexual harassment prevention andresponse programs that meet the requirements of references (d}and (j).
These programs must ensure that:{1) Service Members and Civilians are treated with
dignity and respect.
(2) Leaders at all levels are held appropriately
accountable for fostering a climate of inclusion within theirorganizations that supports diversity, is free from sexual
harassment, and does not tolerate retaliation for reporting
sexual harassment allegations.
(3) Formal and informal resolution procedures are
established.
(4) Sexual harassment complaints are investigated in an
impartial and timely manner and that all reports ofinvestigation of formally resolved complaints are reviewed forlegal sufficiency. References (a) and (d) includes timelines
for initiating and completing an investigation for complaints
submitted by military members and covered employees. A
complaint that alleges facts that, if true, would not constitutesexual harassment, need not be investigated using sexual
harassment procedures. However, where the facts alleged, if
true, would constitute unlawful harassment under anotherprotected basis, that matter must be investigated underprocedures established for investigations under those otherprotected bases, which may include the harassment procedures
outlined in enclosure (4) for some civilians. Claims that are
identical to claims previously filed and resolved may bedismissed as duplicative.
(5) Complainants receive access to available victim
services and support, and are afforded an opportunity to provide
input regarding disposition.
(6) Complainants receive ongoing timely information
regarding the status of their complaints, commencement of theinvestigation, and notice of disposition.

2

Enclosure (3)SECNAVINST 5300.26Eb.

Oversee Military Service programs, which will include:{1) Information regarding how to identify sexual
harassment.
(2) Information regarding how to identify sexual assault
under Article 1'20 of the UCMJ and sexual assault reporting
procedures.
(3) Information regarding reporting options, procedures,
and applicable timelines to submit sexual harassment complaints,

including complaints submitted anonymously, and complaints
involving a Service Member's commander or supervisor, to theappropriate commander or supervisor, the Inspector General's
office, Military Equal Opportunity (MEO) office, or staff
designated by the Military Service to receive harassment
complaints.
(4) Procedures for commanders and supervisors toreceive, respond to, investigate, and resolve sexual harassment
complaints, including those made in Joint Service environments
consistent with paragraph 4.5 of reference (d).
Theseprocedures will include forms for the documentation of each stepin the formal complaint process, including pre-decision updates
and post-decision follow-ups with the complainant consistent
with reference (c) and implementing DoD guidance.
Complaint
forms and reporting systems should clearly identify the duty
status involved in Reserve component cases.
Service Members
should be encouraged to file complaints promptly, normallywithin 60 days of the incident.
(5) Training and education requirements for commanders,
supervisors, Service Members, and any other appropriate
personnel (e.g., chaplains, judge advocates, investigating
officers, inspectors general, MEO personnel, and staff
designated by the Service to receive complaints).
In addition
to requirements in Section 6 of reference (d), training will
include, at a minimum, training modules and materials provided
by Defense Equal Opportunity Management Institute (DEOMI).
Service developed training plans for such personnel will be
submitted to DEOMI for review before implementation.
(6) All DON personnel, military and civilian, must be
educated and trained upon accession (within 90 days to theextent possible) and periodically thereafter (including
throughout professional military education systems) in the areasof identification, prevention, resolution, and elimination of3

Enclosure (3)SECNAVINST 5300.26E

sexual harassment.
The frequency of periodic training will be
no less than every two years.
Periodic training will include

the application of pertinent, anonymous reporting as well as
informal and formal resolution procedures.
(7) Criteria for the appeal of administrative findingsof formally resolved complaints of sexual harassment.
The solemechanism for appealing the disposition of an informally
resolved complaint will be to file a complaint using the formal
resolution process. Appeal procedures will be per reference( j) .
(8) Information on the policies and procedures forfiling a complaint of reprisal under reference (m) and thepolicies and procedures for filing complaints of other types ofretaliation, such as maltreatment and ostracism.
(9) Mechanisms to collect, track, assess, and analyze
data and information related to sexual harassment complaints per
Section 7 of reference (d).
{10) Mechanisms to maintain data regarding sexual
harassment complaints in a manner that will ensure adequate
tracking of complaints from or against Service Members assigned,
detailed, or otherwise working in a DoD Component, other thanthe parent Military Service, consistent with Service specificrecord retention policies and procedures, references (n) and(o) .

(11) Requirements to prominently post and publicize
information regarding DON and Service sexual harassment
prevention and response policies and programs, including
information regarding how to identify sexual harassment.
c. Respond to the DoD Office of Diversity, Equity andInclusion (ODEI) data calls, via the ASN (M&RA), per Section 7of reference (d), including data and reports to support annual
Congressional and DoD fiscal year reports. Data and reports on
sexual harassment will be submitted to the ASN (M&RA) by 15
January of each year, in support of 31 January requirement toprovide DON data to ODEI.
d. Ensure that a minimum of one 24-hour toll-free or local
hotline (or advice line) provides information on sexual
harassment policies and procedures covered within this issuance,
including how and where t,o file complaints, and the behaviors
that constitute sexual harassment.
Service Members should also

4

Enclosure (3)SECNAVINST 5300.26E

be made aware of other resources such as Military One Source andinformation about the DoD-wide hotline for Sexual Assault at
https://www.safehelpline.org.
e.
Ensure appropriate administrative or disciplinary action
is taken against Service Members in cases involving
substantiated sexual harassment complaints.

f.
Mandate that substantiated complaints are annotated on
fitness reports or performance evaluations for those DON
personnel, military or civilian, against whom a complaint issubstantiated.
g.
Verify that commanders conduct climate assessments andtake appropriate action as required.
Provide an annual report(fiscal year basis} to the ASN (M&RA) on the compliance rate forcompleting command climate assessments.
Include the number ofcommand climate assessments conducted compared to the number
required, trend data with regards to sexual harassment related
questions (subject to and consistent with any restrictions the
DoD Office of People Analytics places on the aggregation ofcommand climate data), and a narrative report of any action's
taken in response to revelation of poor command climates via theassessments.
h. Assist and support sexual harassment complainants perreferences {j), {k), and {p).
Complainants should be provided
adequate protection ~nd care, and be informed about available
support resources, including:{1) Military and civilian emergency medical and support
services.
{2) Public and private programs that are available toprovide counseling, treatment, and other support.
(3) Organizations and entities on- and off-base thatprovide victim and witness services and support.
4.

Leaders at_ all levels will:a.
Clearly communicate that sexual harassment will not betolerated.
b.
Demonstrate through actions and words that a hostilework environment will not be tolerated.

5

Enclosure (3)SECNAVINST 5300.26E

c.
Discourage and actively intervene if they observe any
sexist behaviors, including sexual jokes, gestures, etc. in theworkplace.
d.
Encourage Service Members and Civilians to report all
instances of sexual harassment.
5.

Service Members and Civilians will:a.

Treat others with dignity and respect.

b.

Promote a positive command climate.

c.

Report acts of sexual harassment.

d.

Be accountable for their actions and behavior.

6

Enclosure(3)

SECNAVINST 5300.26E

HARASSMENT RESPONSE PROCEDURES FOR COMMANDERS AND SUPERVISORS OF
DON CIVILIANS
1.

Backgrounda.
Sound leadership must be the cornerstone of the effort
to eliminate sexual harassment.
It is not the intent of this
instruction to impair commanders and supervisor~ in theirability to take appropriate actions to carry out leadership
responsibilities. They must set the example in treating all
people with dignity and respect, and fostering a climate free of
sexual harassment.
Such a climate is essential to maintain highmorale, discipline, and readiness.
Commanders and supervisors
are responsible for, and must be committed to, preventing sexual
harassment in their commands and work environments.
They must
not ignore or condone sexual harassment in any form, and theymust take whatever action is required to ensure that a recipientof sexual harassment is not subsequently also the victim ofretaliation. Retaliation, as further described in enclosure(2), is prohibited under this instruction whether the command,alleged perpetrator, or peers of the complainant originated it.
These responsibilities regarding sexual harassment are part ofthe broader responsibility of commanders and supervisors tofoster a positive climate and take appropriate corrective action
when conduct is disruptive, provoking, discriminatory, orotherwise unprofessional.
b.
Unwelcome verbal or physical conduct that is based on
race, color, religion, sex {including sexual harassment,
pregnancy, sexual orientation and gender identity), national
origin, age (40 or older), disability (mental or physical),genetic information, or retaliation (based on opposition todiscrimination or participation in the discrimination complaint
process) can result in a form of harassment that amounts toemployment discrimination and violates Title VII of the Civil
Rights Act of 1964 and/or other applicable laws.
c.
The DON strives to prevent and correc~ unlawful
harassment. These procedures describe the responsibilities ofcommanders and those in supervisory positions who areaccountable for promoting, supporting, and enforcing anti­
harassment policies and programs for civilian employees.
Supervisors must recognize harassing conduct and take immediate
and appropriate action if they observe harassment, receive areport or complaint of harassment, or otherwise have knowledgeof an allegation of harassment.
All feasible steps to prevent

Enclosure (4)SECNAVINST 5300.26E

harassing conduct must be taken as early as possible, before it
becomes pervasive or severe.
d.

Although petty slights and annoyances in and ofthemselves will not constitute unlawful harassment, commanders
and those in supervisory positions must be aware that claims of
Hostile Work Environment (HWE) are viewed based on the totalityof the circumstances rather than piecemeal.
In isolation, an
offhand comment may not constitute unlawful harassment, but may
if it is severe, or if those same acts are repeated and go
unaddressed.
Supervisors will contact EEO, Human Resources(HR), and/or legal officials if there is any doubt concerning

any behavior.
e.
These procedures are separate and apart from anycollective bargaining agreement or statutory complaint processthat also covers harassment, such as the EEO complaint process
in accordance with reference (f).
2.

Proceduresa.
Allegations of HWE, including sexual harassment andother unlawful harassment, received by commanders, those insupervisory positions, HR, or EEO must be appropriately
investigated at the lowest appropriate level.
b.
Supervisors should immediately document in writing all
harassment observed or reported to include:
specific nature of
the inc-ident, date and place of the incident, names of allparties involved, and all other pertinent facts.
c.
Supervisors will contact EEO officials, HR, and/or legal
upon receiving a report of HWE, including sexual harassment andother unlawful harassment.
If the supervisor is uncertain if
the allegations rise to the level that should be reported, thesupervisor must report the incident.
d.
Confidentiality will be maintained to the greatest
extent possible in accordance with reference (f).
e.
Civilian employees should be advised of their right topursue the matter through the federal EEO complaint process bycontacting an EEO counselor.
f.
If a covered employee makes a sexual harassment
allegation covered by reference (a), then that process must be
utilized. An EEO Counselor is the point of contact for covered

2

Enclosure (4)SECNAVINST 5300.26E

employees who report an allegation of sexual harassment.
The
EEO Counselor upon receipt of an allegation and after
consultation with the Deputy Director, EEO (DDEEO), or Director,
EEO in the absence of a DDEEO, and the command's legal counselmust make a determination if the employee meets the definitionof a covered employee.
Whether or not an employee meets thedefinition of covered employee, the EEO office/counselor must
advise the employee of their right to utilize the federal sector
EEO complaint process, in addition to the process underreference (a) .
g.

For employees covered by reference (a), all allegationsof HWE, sexual harassment, and other unlawful harassment must bereport-ed by the EEO, HR, and/or legal officials within 72 hours
of receipt to command leadership.
At least One of the following
must be informed:
Commander, Vice Commander, Chief of Staff,
Commanding Officer, or Executive Director.
This will occur nomatter the level at which the inquiry is occurring.
(1) Subject Matter Experts, such as the Labor and
Employee Relations {LER) division and the Command's LegalCounsel, can help determine whether a preliminary inquiry is
required or if a more in-depth management inquiry is required.
If it is determined that an inquiry with a Fact Finder isrequired, the management official will assign a Fact Finder in
consultation with the LER division and the Command's LegalCounsel.
{2) If an inquiry is deemed necessary, it should beinitiated, and conclude with a written report. All inquiries
should be completed within 45 business days of being initiated.
The Fact Finder is responsible for regularly updating themanagement official on progress and any obstacles encountered.
If an inquiry or completion of the written report is going to bedelayed, the Fact Finder is responsible for promptly notifying
the management official of the delay, the reasons for the delay,
and the revised anticipated completion date.
If an extension isneeded, a request must be made to the Commanding Officer or
Senior Supervisory Civilian.
{3) It may be necessary to take intermediate measures
before completing the inquiry to ensure that further harassment
does not occur.
The individual who brought the allegations
forward should not be involuntarily transferred or otherwiseburdened, because such measures could constitute unlawful
retaliation.
Examples of intermediate measures include making
scheduling changes to avoid contact between the parties;

3

Enclosure (4J

SECNAVINST 5300.26E

transferring the alleged harasser; or placing the allegedharasser on administrative leave pending the conclusion of theinvestigation.
{4) The Fact Finder must objectively gather and consider
the relevant facts.
The alleged harasser must not havesupervisory authority over the Fact Finder and must not have any
direct or indirect control over the investigation.
The commandmust ensure that there are no conflicts of interest between theFact Finder and the subject of the inquiry. All reasonable

efforts should be made to ensure the inquiry is performed in an
objective and unbiased manner.

The Fact Finder should receive

training in the skills that are required for interviewing
witnesses and evaluating credibility.
h. The LER division, Command's Legal Counsel, and EEO will
provide advice and guidance to the command regarding whether theoutcome of the inquiry supports the allegations. The LER
division and Command's Legal Counsel will also provide advice
and guidance on corrective actions, if necessary.

i.

Individuals who report harassment will be provided
timely information and notice of disposition in accordance withreference (c) requirements and other pertinent laws,
regulations, and negotiated agreements.
j.
Ensure employees who may be facing a personal or
workplace concern are aware of the Navy Civilian Employee
Assistance Program, DONCEAP, 1-844-DONCEAP (l-844-366-2327)

4

Enclosure (4)SECNAVINST 5300.26E

RANGE OF BEHAVIORS WHICH CONSTITUTE SEXUAL HARASSMENT
1.

Introduction.

This enclosure explains and illustrates

behaviors that may constitute sexual haras-sment by describing inlayperson 1 s terms what sexual harassment is and how it occurs
in, or impacts, the work environment.

It is intended to be used

as a guide for developing training programs and to assist
military members and civilian employees in distinguishing
between acceptable and unacceptable behavior.
DON policy andprohibitions governing sexual harassment are contained in thebasic instruction and enclosure (3).
2. Description.
Sexual harassment is verbal or physicalconduct that is unwelcome, sexual in nature, and affects theterms or conditions of employment and/or has the purpose oreffect of unreasonably interfering with the employee's work
performance and/or creating an intimidating, hostile, or
offensive work environment. A wide range of behaviors can meetthese criteria, and therefore, constitute sexual harassment.
Itcan, at times, be difficult to determine whether or not abehavior constitutes sexu_al harassment.
This enclosure isprovided to assist in this process.
The policy established bythis instruction is not intended to prevent the types of
behavior whidh are appropriate in normal work settings and which
contribute to camaraderie.
3. Discussion.
For a person's verbal or physical conduct to beconsidered sexual harassment, it must meet three criteria:
itmust be unwelcome, sexual in nature, and impact the work
environment.
a.
Unwelcome behavior is behavior that a person does not
solicit or participate in and which that person considers
undesirable or offensive. Not everyone has the same perceptionof 11 undesirable or offensive." Use of a 11 reasonable person
standard, 11 defined in enclosure (2) provides a common sense
totality of the circumstances approach in determining which
behaviors might be considered sexual harassment.
Ih thisregard, behavior which the recipient reasonably finds unwelcome
should be stopped.
b. Behavior which is sexual in nature is fairly easy todetermine. Telling sexually explicit jokes, displaying sexuallysuggestive pictures, and talking about sex are obviously 11 sexualin nature. 11 Some people would consider other behaviors, such'as
touching, to be sexual in some cases but not in others.
Assessing the totality of the circumstances will normally be

Enclosure (5)SECNAVINST 5300.26E

enough to determine whether or not a certain behavior is sexualin nature. Other non-verbal behaviors such as ogling, staring,and gestures can be sexual in nature.
c.
For sexual harassment to occur, unwelcome sexual
behavior must be related to the work environment:{1) When recipients are offered or denied something thatis work-related in return for submitting to or rejecting
unwelcome sexual behavior, they have been subjected to a type ofsexual harassment known as "quid pro quo, 11 or

11this for that. 11

Examples include:
getting or losing a job, a promotion or
demotion, a good or bad performance evaluation, etc.
If anywork-related decisions are made based on the submission to or
rejection of the unwelcome sexual behavior, sexual harassment
has occurred.
Normally, this is from a senior to a junior,because the senior person has something to offer.
(2) When the unwelcome sexual behavior of one or more
persons unreasonably interferes with another person's work
performance, sexual harassment has occurred.
If the behavior
produces a work atmosphere which is offensive, intimidating, or
hostile to another person, whether or not work performance isaffected, a type of sexual harassment called nhostileenvironment 11 has occurred. This behavior does not need to occur
in the normal workspaces to meet the hostile environment
criteria. Unwelcome sexual behaviors off base, outside theworkplace, or online can create a hostile work environment for
the victim.
Similarly, the offender does not need to work
directly with the victim to create a hostile work environment or
direct the conduct directly at the victim.
The following are
examples of behavior that could create a hostile environment:(a) Using sexually explicit or sexually offensive
language.
{b) Displaying sexually-oriented images, posters, or
calendars.
(c) Touching someone in a suggestive manner.
(d) Giving someone unwelcome letters, cards, or
gifts of a personal nature, particularly when these items havesexual overtones.
(e) Unwanted or uninvited pressure for dates.

2

Enclosure (5)SECNAVINST 5300.26E(f) Sharing intimate images or details of a sexual
nature (to include sexual rumors) about a person with that
person's co-workers or prospective co-workers.

3

Enclosure (5)SECNAVINST 53D0.26E

GUIDANCE ON INFORMAL RESOLUTION PROCEDURES FOR MILITARY SERVICEMEMBERS

1.

References (d) and (j) require both formal and informal

resolution procedures be available options for military Service
Members.
The purpose and intent of an informal resolution
procedure is to put in place an effective system to resolve
complaints of sexual harassment at the lowest appropriate level.
References {d) and (j) provide wide latitude regarding informal
resolution processes.
In developing the informal resolution
component of the military Service sexual harassment programs,
the Services will adhere to the additional guidance in thisenclosure.
2.

The informal resolution system will:a.
Emphasize the individual accountability of therecipient, accused, co-workers, and the chain of command.
b.
Clarify the roles for co-workers and the chain ofcommand.
c.

Teach interpersonal communications skills.

d.
Incorporate the concepts of a retaliation freeenvironment, timely resolution, and appropriate feedback andfollow-up.
3.
Individuals who believe they have been sexually harassed
will be encouraged to address their concerns or objections
regarding the incident directly with the person demonstrating
the harassing behavior via the informal resolution procedures;
however, informal resolution is not required.
This informal
resolution may be facilitated by a member of the chain ofcommand or an equal opportunity professional with responsibility
for the command (e.g. Navy Command Manage_d Equal Opportunity
program manager, Command Climate Specialist, or Equal
Opportunity Advisor or Marine Corps Equal Opportunity
Representative).
a.
Persons who are subjected to or observe objectionablebehavior should file a formal complaint with the chain ofcommand if:(1) The objectionable behavior does not stop.
(2) The situation is not resolved.

Enclosure (6)SECNAVINST 5300.26E(3) Addressing the objectionable behavior directly withthe person concerned is not reasonable under the circumstances.
(4) Quid pro quo sexual harassment is involved.

(5) The behavior is clearly criminal in nature.
b.
If the person demonstrating the objectionable behavior
is a direct superior in the chain of command, or the chain ofcommand condones the conduct or ignores a report, individuals
who have been subjected to or who observe objectionable behavior

are encouraged to promptly communicate the incident throughother available means, such as the inspector general or sexual
harassment hotline (or advice line).

2

Enclosure (6)