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Sexual Harassment Added as “Covered Offense” Under the Authority of the Office of Special Trial Counsel

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WASHINGTON – Secretary of the Navy, Carlos Del Toro issued ALNAV 001/25 on Jan. 10, 2025, updating the policy governing the investigation of formal sexual harassment complaints. As of Jan. 26, 2022, sexual harassment has been a separate offense under Article 134 of the Uniform Code of Military Justice. In the fiscal year 2023 NDAA, Congress added formal, substantiated complaints of Article 134 sexual harassment to the existing list of covered offenses which must be referred to the Office of Special Trial Counsel (OSTC) for review.

Through the ALNAV, new reporting and investigation processes have been implemented.

“The Navy takes care of its Warfighters, and that includes protecting their legal rights,” said Rear Adm. Jonathan Stephens, Lead Special Trial Counsel. “This latest change continues to enhance trust in the military justice system and supports fairness for all.”

In recent years, the Navy has answered the call for meaningful change within its military justice practice and processes, and it has deliberately and comprehensively implemented the most significant reforms to the system in more than 70 years.

These reforms included the establishment of the Navy’s OSTC in 2023, a worldwide prosecution organization which reports directly to the Secretary of the Navy. As mandated in the fiscal year 2022 NDAA, all covered offenses, which include homicide and interpersonal violence offenses, must be screened by a Special Trial Counsel, who are independent, specialized, and expert. This contrasts with non-covered offenses over which military commanders still exercise decision-making authority with advice from military prosecutors.

The addition of sexual harassment as a covered offense is essential to maintaining good order and discipline and warfighter readiness.

“The Department of the Navy remains committed to the principle of keeping faith with all who serve,” Secretary Del Toro wrote in the ALNAV. “Sexual harassment and other harmful behaviors constitute a betrayal of our responsibility to our teammates and our Nation.”

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    1. 0

      Sexual Harassment Added as “Covered Offense” Under the Authority of the Office of Special Trial Counsel

      WASHINGTON – Secretary of the Navy, Carlos Del Toro issued ALNAV 001/25 on Jan. 10, 2025, updating the policy governing the investigation of formal sexual harassment complaints. As of Jan. 26, 2022, sexual harassment has been a separate offense under Article 134 of the Uniform Code of Military Justice. In the fiscal year 2023 NDAA, Congress added formal, substantiated complaints of Article 134 sexual harassment to the existing list of covered offenses which must be referred to the Office of Special Trial Counsel (OSTC) for review. Through the ALNAV, new reporting and investigation processes have been implemented. “The Navy takes care of its Warfighters, and that includes protecting their legal rights,” said Rear Adm. Jonathan Stephens, Lead Special Trial Counsel. “This latest change continues to enhance trust in the military justice system and supports fairness for all.” In recent years, the Navy has answered the call for meaningful change within its military justice practice and processes, and it has deliberately and comprehensively implemented the most significant reforms to the system in more than 70 years. These reforms included the establishment of the Navy’s OSTC in 2023, a worldwide prosecution organization which reports directly to the Secretary of the Navy. As mandated in the fiscal year 2022 NDAA, all covered offenses, which include homicide and interpersonal violence offenses, must be screened by a Special Trial Counsel, who are independent, specialized, and expert. This contrasts with non-covered offenses over which military commanders still exercise decision-making authority with advice from military prosecutors. The addition of sexual harassment as a covered offense is essential to maintaining good order and discipline and warfighter readiness. “The Department of the Navy remains committed to the principle of keeping faith with all who serve,” Secretary Del Toro wrote in the ALNAV. “Sexual harassment and other harmful behaviors constitute a betrayal of our responsibility to our teammates and our Nation.”
      Tony in Navy Policy, Guidelines and Official Statements
    2. 0

      UPDATED POLICY GOVERNING THE INITIAL REVIEW OF PRETRIAL CONFINEMENT

      CLASSIFICATION: UNCLASSIFIED// ROUTINE R 162001Z JAN 25 MID180001552659U FM SECNAV WASHINGTON DC TO ALNAV INFO SECNAV WASHINGTON DC CNO WASHINGTON DC CMC WASHINGTON DC BT UNCLAS ALNAV 012/25 MSGID/GENADMIN/SECNAV WASHINGTON DC/-/JAN// SUBJ/UPDATED POLICY GOVERNING THE INITIAL REVIEW OF PRETRIAL CONFINEMENT// REF/A/DOC/MCM/15SEP23// REF/B/DOC/JAGINST 5800.7G CH-2/01DEC23// NARR/REF A IS THE MANUAL FOR COURTS-MARTIAL. REF B IS JAGINST 5800.7G CH-2 MANUAL OF THE JUDGE ADVOCATE GENERAL// RMKS/1. This message updates the personnel authorized to act as initial review officers for the purposes of Rule for Courts-Martial (R.C.M.) 305(j)(2) of reference (a). 2. Effective immediately, the following policy applies: a. Unless impracticable, the Chief Judge of the Navy and Marine Corps Trial Judiciary, or their designee, will designate a military judge or magistrate to act as the initial review officer for purposes of R.C.M. 305(j)(2). The military judge or magistrate determines the location of the R.C.M. 305(j) review. Such assignment may be conducted via remote means at the discretion of the designated military judge or magistrate. The military judge or magistrate will consider input on operational impact, if any, from the confinee's commanding officer prior to determining the status of the hearing. b. If designation of a military judge or magistrate is impracticable, a General Court-Martial Convening Authority (GCMCA) will designate a judge advocate, normally of the grade of O-4 or higher, qualified and certified under Article 27b, Uniform Code of Military Justice (UCMJ), to act as the initial review officer for purposes of R.C.M. 305(j)(2). For hearings conducted on installations with a military confinement facility, the GCMCA exercising jurisdiction over the confinement facility will assign the initial review officers to specific cases. For hearings conducted on installations without a military confinement facility, the GCMCA of the confinee's parent command or regional commander (if applicable) will assign the initial review officer. c. The initial review officer must follow the procedures outlined in R.C.M. 305(j)(2)(A), to include permitting the victim to be reasonably heard. The initial review officer will forward a copy of the documents considered and memorandum prepared under R.C.M. 305(j)(2)(D) in each case to the confinee's brig file and to the commander that ordered the Service Member into confinement. d. The officers designated as initial review officers must be neutral and detached judge advocates qualified and certified under Article 27b, UCMJ, and selected for their maturity and experience. Service as a staff judge advocate is not disqualifying as long as that officer is neutral and detached from the chain of command of the officer ordering pretrial confinement. Nothing in this rule prohibits the use of an initial review officer designated by one GCMCA from reviewing the confinement of a Service Member of another command or service. 4. I direct the Judge Advocate General of the Navy to update reference (b) to reflect this policy change. Until then, this ALNAV controls. 5. The Department of the Navy remains committed to the principle of keeping faith with all who serve. 6. Released by the Honorable Carlos Del Toro, Secretary of the Navy.// BT #0001 NNNN CLASSIFICATION: UNCLASSIFIED//
      Tony in Navy Policy, Guidelines and Official Statements
    3. 0

      Sen. Tammy Duckworth is a Combat Veteran. She Came Prepared to Question Hegseth

      Pete Hegseth, President-elect Donald Trump’s nominee for secretary of defense, appeared before the Senate Armed Services Committee this week for a high-stakes and at many times contentious confirmation hearing. Many Democrats focused on Hegseth’s personal controversies and past allegations of misconduct, which he vigorously denied, or his past comments opposing women serving in combat, which he backtracked on.
      Tony in News, Scuttlebutt Forum | Navy Policy
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