R 191846Z DEC 24 MARADMIN 622/24 MSGID/GENADMIN/CMC WASHINGTON DC MRA MP// SUBJ/1 JANUARY 2025 SEXUAL HARASSMENT UPDATES REGARDING  INVESTIGATIVE OFFICERS, MANDATORY INITIATION OF ADMINISTRATIVE SEPARATION FOR ALL SUBSTANTIATED SEXUAL HARASSMENT COMPLAINTS,  AND IMPLEMENTATION OF THE BEHAVIORAL INTERVENTION AND  PROFESSIONAL RESET PROGRAM// REF/A/MSGID: DOC/SECDEF SEXUAL HARASSMENT MEMO DTD 22 SEP 21// REF/B/MSGID: DOC/TITLE 10 U. S. C. 1561// REF/C/MSGID: DOC/MCO 5354.1G// REF/D/MSGID: DOC/DODI 1020.03// REF/E/MSGID: DOC/IRC-SAM FINAL REPORT// REF/F/MSGID: DOC/DODI 5503.03// NARR/ REF A IS THE SECDEF SEXUAL HARASSMENT MEMO IMPLEMENTING IRC  RECOMMENDATIONS.  REF B IS THE COMPLAINTS OF SEXUAL HARASSMENT 10  U. S. C. 1561.  REF C IS THE MCO 5354.1G, “PROHIBITED ACTIVITIES  AND CONDUCT PREVENTION AND RESPONSE POLICY”.  REF D IS THE DOD  HARASSMENT PREVENTION AND RESPONSE IN THE ARMED FORCES.  REF E IS THE INDEPENDENT REVIEW COMMISSION ON SEXUAL ASSAULT WITHIN THE  MILITARY (IRC-SAM) FINAL REPORT.  REF F IS THE INITIATION OF  INVESTIGATIONS BY DEFENSE CRIMINAL INVESTIGATIVE ORGANIZATIONS.// POC/J. K. MORALES/GS13/MRA/MPE/TEL: 703-784-6160/   [email protected]// POC/G. BENAVIDES/MGYSGT/MRA/MPE/TEL:703-784-0581/ EMAIL: [email protected]// POC/A. EVANS/LTCOL/JAD/JMJ/TEL: 703-693-9005/   [email protected]// POC/J. OCKERT/MAJ/JAD/JMJ/TEL:703-693-9299/ EMAIL: [email protected]// GENTEXT/REMARKS/1. This Marine Administrative Message (MARADMIN)  announces critical updates to formal sexual harassment (SH)  complaints regarding Investigating Officers (IO), mandatory initiation of administrative separation for all formal  substantiated SH complaints, and the implementation of the  Behavioral Intervention and Professional Reset Program (BIPR).   2. Background. Per policy change on Sexual Harassment within the Military, reference (a) now requires independent, trained  investigators for all formal SH complaints and mandatory initiation  of involuntary separation processing for all formal substantiated SH  complaints. The Department of the Navy’s (DON) goal is to reform how  allegations of SH are investigated and how the DON holds offenders  accountable, including revising the administrative separation  process for substantiated SH complaints committed by Sailors and  Marines.   a.  Pursuant to reference (b), “The term ‘sexual harassment’ means  conduct that constitutes the offense of SH as punishable under  [Article 134] pursuant to the regulations prescribed by the  Secretary of Defense.” To be considered SH under Article 134, a  complaint must include an accusation that the accused knowingly made sexual advances, demands, or requests for sexual favors, or knowingly engaged in other conduct of a sexual nature, and that  such conduct was unwelcome.   b.  Pursuant to reference (c), Marines and Sailors filing a  complaint of SH are afforded the right to file an anonymous,  informal, formal, or confidential report of SH with their servicing Equal Opportunity Advisor (EOA).  3.  The United States Marine Corps remains committed to ensuring all IOs receive proper training.  All independent investigators of SH,  other than Naval Criminal Investigative Service (NCIS)  investigators, will consult with the appointing authority’s  cognizant Staff Judge Advocate (SJA) prior to conducting, and  upon completion of, an investigation involving an  allegation of SH.   4. Per reference (c), as of 1 January 2025, SH complaints may be  disclosed to the commander, a supervisor, the Office of the Marine Corps Inspector General, or NCIS and shall be forwarded to the  servicing EOA for official processing of a formal SH complaint.   Once a formal complaint is received, the commander, commanding  officer, or officer-in-charge, who receives a formal SH complaint  shall, within 72-hours, forward such complaint to the next  higher-level commander (NHLC) that is in the grade of O-6 or above,  in the chain of command.  If the NHLC is not authorized to convene a  general court-martial, the commander who received the formal SH  complaint shall, within 72 hours of receiving the complaint, notify the next superior officer in the chain of command who is authorized  to convene a general court-martial by providing a copy of the  complaint or a detailed description of the allegation, as well as  the name and contact information of the NHLC to whom the complaint  was forwarded for investigation. a.  The NHLC shall, within 72 hours of receipt of the complaint,  forward the complaint to their servicing NCIS office for processing.   The authority to forward formal SH complaints to NCIS for assignment  of an SH investigator may not be delegated below the O-6 level.  b.  Upon receipt of a completed investigation where the most recent  offense was alleged to have occurred before 1 January 2025, the NHLC who referred the complaint to NCIS will take administrative or  disciplinary action. c.  Upon receipt of a completed investigation where the most recent  offense was alleged to have occurred on or after 1 January 2025,  with the assistance of a servicing SJA, the NHLC who forwarded the complaint to NCIS will determine whether the allegation is  substantiated or unsubstantiated by a preponderance of the evidence.   d.1.  Commanders will consult with their SJA prior to determining if the allegation is substantiated or unsubstantiated. d.2.  If the  commander determines that the formal SH complaint has been  substantiated by a preponderance of the evidence, the commander will  immediately forward the complaint to the servicing Office of Special  Trial Counsel (OSTC) as a covered offense.  Commanders may not act  on a substantiated formal complaint that meets the elements of SH,  unless deferred back to the commander by the OSTC.  The NHLC’s  substantiation is not binding on the OSTC during its deliberative  process. e.  If the commander determines that the formal SH complaint has not  been substantiated by a preponderance of the evidence, the commander  will consult with the cognizant SJA.  f.  Per reference (d), to the extent practicable, the NHLC must  provide their General Courts-Martial Convening Authority a final  report within 20 days of the commencement of the investigation or an  interim update every 14 days until the investigation is completed.  5. BIPR Program. In alignment with reference (e), the DON will  implement the BIPR Program and issue additional guidance via an  upcoming All Navy (ALNAV) message and MARADMIN.  The BIPR Program  offers Service members a second opportunity for positive career  development by educating them on the impact of their behavior on  others.  It encourages accountability, provides tools for  behavioral improvement, and fosters essential life skills,  including healthy relationships, effective communication, and the  ability to recognize and set boundaries. a.  BIPR is not authorized for cases that include: a.1.  Quid pro quo. a.2.  Rank differential of two or more grades of the subject over  complainant. a.3.  A victim who is in a subordinate position (technical or  supervisory) to the subject. a.4.  Unwanted physical contact of a sexual nature which, if charged  as a violation of the UCMJ, could result in a punitive discharge.  a.5.  The subject has a prior substantiated SH or discriminatory  behavior case. b.  If the subject does not complete the BIPR Program  satisfactorily, the commander must initiate involuntary  administrative separation processing. c.  If the subject completes the BIPR Program satisfactorily, the  subject will no longer be processed for separation based solely on  the substantiated incident of SH. 6.  Additional guidance will be provided pending the updates to  reference (b), reference (d) and reference (f). 7.   The ALNAV for SH investigations and DON BIPR policy can be  found at https://www.manpower.marines.mil/Plans-and-Policies/ Manpower-Plans-and-Policy/Culture-and-Inclusion-MPE/Military-Equal -Opportunity once published.// 8.  Release authorized by Brigadier General David R. Everly,  Director, Manpower Plans and Policy Division, Manpower and  Reserve Affairs.//