(1) Conduct that:

      (a) Involves unwelcome sexual advances, requests for sexual favors, and deliberate or repeated offensive comments or gestures of a sexual nature when:

          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; or

          3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creates an intimidating, hostile, or offensive environment; and

     (b) Is so severe or pervasive that a reasonable person would perceive, and the victim does perceive, the environment as hostile or offensive.

(2) Any use or condonation, by any person in a supervisory or command position, of any form of sexual behavior to control, influence, or affect the career, pay, or job of a member of the Armed Forces.

(3) Any deliberate or repeated unwelcome verbal comments or gestures of a sexual nature by any member of the Armed Forces or civilian employee of the Department of Defense.

       b. There is no requirement for concrete psychological harm to the complainant for behavior to constitute sexual harassment. Behavior is sufficient to constitute sexual harassment if it is so severe or pervasive that a reasonable person would perceive, and the complainant does perceive, the environment as hostile or offensive.

        c. Sexual harassment can occur through electronic communications, including social media, other forms of communication, and in person.

Soldiers, cadets, and Family members aged 18 and over may file a sexual harassment complaint with the BDE SARC. Complaints from DA Civilian personnel (to include those against Soldiers) reporting sexual harassment will be handled in accordance with the procedures contained in AR 690 – 600, AR 690 – 12, or as described in separate DoD and DA policy, or as provided for in any applicable collective bargaining agreement.

There are three complaint processing types—

(1) Anonymous complaints, made from an unknown or unidentified source, when referred to the subject’s BDE commander for evaluation.

(2) Informally, when the complainant and/or the full-time brigade SARC address resolution at the lowest level.

(3) Formally, when the BDE commander initiates an investigation, disposition and the resolution is addressed at the command level.

Sexual Assault is a crime.   Sexual Assault is intentional sexual contact characterized by the use of force, threats, intimidation, or abuse of authority or when the victim does not or cannot consent. The term includes a broad category of sexual offenses consisting of the following UCMJ offenses: rape, sexual assault, aggravated sexual contact, abusive sexual contact, or attempts to commit these acts.

Consent  A freely given agreement to the conduct at issue by a competent person. An expression of lack of consent through words or conduct means there is no consent. Lack of verbal or physical resistance or submission resulting from the use of force, threat of force, or placing another person in fear does not constitute consent”.  A current or previous dating or social or sexual relationship by itself, or the manner of dress of the person involved with the accused in the conduct at issue, shall not constitute consent. A sleeping, unconscious, or incompetent person cannot consent.