POLICY GOVERNING INVESTIGATION AND HANDLING OF FORMAL SEXUAL HARASSMENT COMPLAINTS STARTING JANUARY 1, 2025, UNDER 10 U.S.C. 1561

[Tony]

CLASSIFICATION: UNCLASSIFIED// 
ROUTINE 
R 101454Z JAN 25 MID320000729648U 
FM SECNAV WASHINGTON DC 
TO ALNAV 
INFO SECNAV WASHINGTON DC 
CNO WASHINGTON DC 
CMC WASHINGTON DC 
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ALNAV 001/25
MSGID/GENADMIN/SECNAV WASHINGTON DC/-/JAN//
SUBJ/POLICY GOVERNING INVESTIGATION AND HANDLING OF FORMAL SEXUAL HARASSMENT 
COMPLAINTS STARTING JANUARY 1, 2025, UNDER 10 U.S.C. 1561//
REF/A/10 U.S.C. 1561// 
REF/B/DODI 1020.03, HARASSMENT PREVENTION AND RESPONSE IN THE ARMED FORCES// 
REF/C/DOC/SECNAVINST 5300.26E, DEPARTMENT OF THE NAVY POLICY ON SEXUAL 
HARASSMENT, 28MAY20// 
REF/D/DOC/SECNAVINST 12735.1 DEPARTMENT OF NAVY CIVILIAN HARASSMENT 
PREVENTION AND RESPONSE PROGRAM// 
REF/E/SEC. 541 AND 546 PUBLIC LAW 117-263 (FY23 NATIONAL DEFENSE 
AUTHORIZATION ACT)// 
REF/F/10 U.S.C. 824a//
NARR/REF A REQUIRES INDEPENDENT INVESTIGATIONS OF SEXUAL HARASSMENT 
COMPLAINTS.   
REF B IS THE DOD POLICY REGARDING SEXUAL HARASSMENT. 
REF C IS THE SECNAVINST SETTING FORTH SEXUAL HARASSMENT POLICY.   
REF D ESTABLISHES THE CIVILIAN HARASSMENT PREVENTION AND RESPONSE PROGRAM.  
REF E ADDS FORMAL, SUBSTANTIATED COMPLAINTS OF SEXUAL HARASSMENT AS COVERED 
OFFENSES AS OF 1 JANUARY 2025.   
REF F DESIGNATES THE OFFICE OF SPECIAL TRIAL COUNSEL AS HAVING CERTAIN 
AUTHORITY OVER COVERED OFFENSES.//  
 
POC/MS.  ANDREA VERDINO/DON OFR/LOC:  WASH DC/TEL: (703) 697-8830//
RMKS/1.  As your Secretary, I am proud of the continued progress we have made 
toward ensuring a safe and inclusive work environment for all personnel that 
embodies our core values of Honor, Courage, and Commitment.  A positive and 
respectful culture is a catalyst for readiness and sets the conditions 
necessary to ensure we are fully prepared to meet the global challenges of 
the future.  Leaders at all levels must model appropriate behavior and 
epitomize our high standards of dignity and respect for all.

2.  This ALNAV implements the requirements contained in reference (a), 
establishing how formal complaints of sexual harassment will be processed 
effective 1 January 2025 and effective 1 January 2025, cancels ALNAV 024/22.
3.  A formal complaint of sexual harassment received by a Commander, 
Commanding Officer, Officer-in-Charge, or the civilian equivalent 
(collectively referred to as commander in this ALNAV) made against a Service 
member will be processed, in accordance with paragraphs 3.a. through 3.m. of 
this ALNAV.
    a.  To the extent practicable, forward a copy of the formal complaint of 
sexual harassment to the next higher-level commander (in the grade of O-6) in 
the chain of command of the alleged offender within 72 hours of receipt of 
the complaint.  If the next higher-level commander is not authorized to 
convene a general court- martial, the alleged offender's commander must 
assure notification is also made to the next higher-level commander who is 
authorized to convene a general court-martial by forwarding the complaint, 
with a detailed description of the facts and circumstances.  Navy Command 
Climate Specialists (CCS) and Marine Corps Equal Opportunity Advisors (EOA) 
must document the notification of the next higher- level commander in the 
Misconduct Report Incident Tracking (MRIT) system.
    b.  Commanders are responsible for ensuring all personnel involved in an 
incident of sexual harassment are advised of victim support resources 
available.
    c.  To the extent practicable the next higher-level commander must refer 
the complaint to their servicing Naval Criminal Investigative Services (NCIS) 
office within 72 hours after receipt of the complaint.
    d.  Upon receipt of a formal sexual harassment complaint, NCIS must 
review the complaint for the elements of sexual harassment, prior to 
assigning the complaint to an NCIS investigator.  If the allegations included 
in the complaint do not contain a minimum factual basis or sufficient details 
supporting the elements of sexual harassment, NCIS will return the complaint 
to the referring commander.  Once returned, the complaint will no longer be 
considered a formal sexual harassment complaint, and the command can take 
appropriate action not limited by this ALNAV.
    e.  NCIS will provide the completed report of investigation to the next 
higher-level commander who referred the complaint to NCIS.
    f.  Upon receipt of a completed investigation and in consultation with 
their servicing judge advocate, the next higher- level commander will 
determine whether the allegation is substantiated or unsubstantiated, by a 
preponderance of evidence.
    g.  If the formal complaint is unsubstantiated the next-higher level 
commander will close the complaint.  A decision to unsubstantiate a formal 
complaint of sexual harassment does not preclude the next higher-level 
commander from returning the matter to the commander who received the 
complaint for action on other alleged misconduct.
    h.  If the formal complaint is substantiated and the incident (or, in a 
case involving a series of incidents, the most recent
incident) occurred on or prior to 1 January 2025, the next higher- level 
commander who referred the complaint to NCIS will take administrative or 
disciplinary action.
    i.  If the formal complaint is substantiated and the incident (or, in a 
case involving a series of incidents, the most recent
incident) occurred after 1 January 2025, the next higher-level commander must 
forward the complaint to the servicing Office of Special Trial Counsel (OSTC) 
for consideration as a covered offense.
Commanders must not take disciplinary action or initiate the administrative 
separation process, regarding a substantiated formal complaint unless or 
until the OSTC defers the offense back to the commander.
    j.  If OSTC exercises authority and defers the substantiated offense back 
to the commander, the commander must initiate the involuntary separation 
process for the alleged offender.
    k.  The next higher-level commander must advise the complainant and the 
alleged offender of their decision regarding the complaint and make them 
aware of their right to appeal the decision as defined in reference (c).  A 
complainant and alleged offender are precluded from appealing the 
administrative finding until such time as the special trial counsel defers 
the offense in accordance with Rule for Courts-Martial 306A or 401A.  If the 
special trial counsel decides to prefer charges, the administrative 
substantiated finding is final for all parties, and neither party has the 
option to appeal the administrative finding.  Parties maintain the right to 
appeal an unsubstantiated finding in accordance with reference (c).
   l.  All sexual harassment complaints that are reported directly to NCIS 
will be considered a formal complaint.
        (1) To the extent practicable, NCIS will notify the commander of the 
complainant and alleged offender within 72 hours of receipt of the report.
        (2) NCIS must follow the procedures outlined in paragraphs 3.d. and 
3.e. of this ALNAV.
        (3) The alleged offender's commander is responsible for notifying the 
next higher-level commander as defined in paragraph 3.a.
        (4) The alleged offender's commander is responsible for fulfilling 
all service policy formal complaint administrative requirements.
        (5) The complainant's commander is responsible for ensuring the 
complainant is updated on the status of the complaint.
        (6) NCIS will provide the completed report of investigation to the 
next-higher level commander of the alleged offender, or if the next-higher 
level commander has not been identified, the offender's commander will 
receive the report and will forward the report to the next higher-level 
commander.
    m.  Substantiation decisions, formal adjudication determinations and 
results, and/or administrative actions must be reported back to the servicing 
NCIS office for documentation in the appropriate NCIS databases.
4.  In accordance with reference (e), OSTC exercises exclusive authority to 
determine whether a reported offense constitutes a covered offense and has 
exclusive authority to dispose of those offenses.  This revised process is 
required by reference (e), as formal substantiated complaints of sexual 
harassment become covered offenses under the exclusive authority of the OSTC 
effective 1 January 2025.
5.  If a commander receives a formal complaint of sexual harassment with a 
civilian alleged offender, the commander must forward the complaint to the 
next higher commander as outlined in paragraph 3.a. 
Presently, the next higher-level command, not NCIS, will investigate the 
complaint and must appoint an independent investigator.  These complaints 
will be processed in accordance with Service policy.
6.  Additional procedures and obligations for addressing complaints of sexual 
harassment made by civilian employees are found in enclosure (4) of both 
reference(c) and (d).
7.  These important changes regarding the response to formal complaints of 
sexual harassment require knowledgeable leaders familiar with the above 
processes.  Unit leaders and Military Equal Opportunity personnel (CCSs and 
EOAs) are directed to receive training on this revised process from their 
servicing Staff Judge Advocate, or, in the absence of an assigned Staff Judge 
Advocate, the supporting legal office prior to 1 January 2025, or as soon 
thereafter as practicable.  Standardized training will be provided to all 
staff judge advocates and supporting legal offices.
Questions about training should be brought to the servicing Staff Judge 
Advocate or supporting legal office.
8.  I want to reiterate that DON policy, as reflected in reference (c), 
encourages early intervention at the lowest appropriate level before harmful 
behavior escalates.  All DON personnel who witness sexual harassment are 
encouraged to intervene and address offensive and unacceptable behavior the 
first time it occurs.  The informal resolution procedures developed by the 
Services, as directed in enclosure (6) of reference (c), can help to correct 
such offensive and unacceptable behaviors before they escalate and create a 
hostile work environment.  I expect leaders at all levels to engage in early 
intervention, to immediately correct inappropriate behavior, to take all 
reasonable measures to avoid escalation, and to protect our teammates.  Early 
intervention through the DON's informal resolution processes will improve 
command climates and command performance.

9.  The DON remains committed to the principle of keeping faith with all who 
serve.  Sexual harassment and other harmful behaviors constitute a betrayal 
of our responsibility to our teammates and our Nation.

10.  Released by the Honorable Carlos Del Toro, Secretary of the Navy.//

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