Inspector General Issues DSN 655-3897 Comm. (703) 805-3897 IG Issues U.S. Army Inspector General School 2 IG Issues ELOs 1. Describe the Army's policy on relationships between Soldiers of different rank, to include social, family, business and personal relationships. 2. Describe the basis for discharge under the Army Homosexual Conduct Policy. 3. Identify who may initiate, and what constitutes grounds for, a fact-finding inquiry into allegations of homosexual conduct. 4. Identify who (what level of the Army) must approve initiating a substantial investigation into whether a Soldier stated that he or she was homosexual or bi-sexual for the purpose of avoiding or terminating military service. Advance Sheets, pages 20 - 21ELO IG Issues U.S. Army Inspector General School 3 IG Issues ELOs 5. Describe an IG's actions upon receiving an allegation of sexual harassment or sexual assault. 6. Identify what office can work a complaint involving sexual harassment or sexual assault. 7. Describe the Army's policy on Combating Trafficking in Persons (CTIP). 8. Describe an IG's actions upon receiving an allegation or an issue involving trafficking in persons. IG Issues U.S. Army Inspector General School 4 IG Issues - Why? • Highly sensitive in nature • Commander's responsibility -- primarily • IGs often receive IGARs relating to these topics • IGs must know how to react expeditiously and properly when faced with these issues • Immediate IG knowledge strengthens IG credibility and gives complainants assurance that the IG can help • IGs cannot afford to be surprised by these issues Improper Relationships / Fraternization AR 600-20, Army Command Policy, paras. 4-14 through 4-16 IG Issues U.S. Army Inspector General School 6 Fraternization ELO • Describe the Army’s policy on relationships between Soldiers of different rank, to include – Social Relationship – Family Relationship – Business Relationship – Personal Relationship ELO 1 IG Issues U.S. Army Inspector General School 7 Applicability • This policy applies to relationships between: – Army personnel (including military technicians in USAR and ARNG) – Army and other military services personnel – Different gender and same gender AR 600-20, para. 4-14a IG Issues U.S. Army Inspector General School 8 Prohibited Relationships • Between Soldiers of different rank if they: – Compromise the chain of command – Cause partiality or unfairness – Improper use of rank for personal gain – Are exploitative or coercive in nature – Create an adverse impact on discipline, authority, morale, or mission accomplishment • If they appear to violate any of these standards, they may also be prohibited AR 600-20, para. 4-14b ELO 1 IG Issues U.S. Army Inspector General School 9 • Between officers and enlisted personnel – Borrowing or lending money – Commercial solicitation • Exceptions – Landlord / tenant relationships – One-time transactions (such as sale of an automobile or house) – For ARNG / USAR only, business relationships which exist due to their civilian occupation or employment AR 600-20, para. 4-14c(1) Prohibited Relationships: Business IG Issues U.S. Army Inspector General School 10 AR 600-20, para. 4-14c(2) Prohibited Relationships: Personal • Between officers and enlisted personnel, to include Military Technicians in the USAR and ARNG – Dating – Shared living accommodations (other than those directed by operational requirements) – Intimate or sexual relationship • Exceptions – Marriages – If change in status of one military member, they have one year to terminate the relationship or get married IG Issues U.S. Army Inspector General School 11 Personal Relationships: Accountability • Senior person (by rank) is generally in the best position to terminate or limit the relationship • Both members may be held accountable AR 600-20, para. 4-14e IG Issues U.S. Army Inspector General School 12 Social & Family Relationships • Associations between officer and enlisted that are not prohibited: – Community organizations – Religious activities – Athletic teams and events – Unit-based social functions – Family gatherings AR 600-20, para. 4-14d IG Issues U.S. Army Inspector General School 13 Social & Family Relationships: What If . . . • The installation golf course hosts a weekly golf “scramble.” As part of this activity, participants pay a $10 fee, and the winning team keeps one half of the money. The participants are randomly assigned to foursomes. As a result, officers are in the same foursome with enlisted Soldiers. • Is the “scramble” in this form allowable? IG Issues U.S. Army Inspector General School 14 Social & Family Relationships: Answer • Army policy allows associations between officers and enlisted Soldiers that occur in the context of athletic and community events. IG Issues U.S. Army Inspector General School 15 Gambling • Gambling between officers and enlisted personnel is prohibited. • There are no exceptions. AR 600-20, para. 4-14c(3) IG Issues U.S. Army Inspector General School 16 Other Prohibited Relationships AR 600-20, para. 4-15 • Permanent-party personnel and IET trainees -- not required by missions • Permanent-party personnel assigned to U.S. Recruiting Command and • Potential Prospects • Applicants • Future Soldier Training Program (Delayed- Entry Program and Delayed-Training Program) -- if not required by missions IG Issues U.S. Army Inspector General School 17 Army Fraternization Policy References and Training • AR 600-20, Army Command Policy, paras 4-14 to 4-16 • Article 92, UCMJ • Initial and annual awareness training IG Issues U.S. Army Inspector General School 18 Bottom Line • Army’s goal: Maintain a combat-ready force. • Army’s standards: Relationships that harm unit cohesion are unacceptable. • Army policy: Commanders are the key players in enforcing the standards. U. S. Army Homosexual Conduct Policy AR 600-20, Army Command Policy, para. 4-19 IG Issues U.S. Army Inspector General School 20 Homosexual Conduct Policy ELOs • Describe the basis for discharge under the Army Homosexual Conduct Policy. • Identify who may initiate, and what constitutes grounds for, a fact-finding inquiry into allegations of homosexual conduct. • Identify who (what level of the Army) must approve initiating a substantial investigation into whether a Soldier stated that he or she was homosexual or bi-sexual for the purpose of avoiding or terminating military service. IG Issues U.S. Army Inspector General School 21 The Law A member of the Armed Forces shall be processed for separation if one of the following findings is made: – The member has stated that he or she is homosexual or bisexual, or words to that effect – The member has engaged in, attempted to engage in, or solicited another to engage in homosexual act(s) – The member has married or attempted to marry a person known to be of the same biological sex AR 600-20, para. 4-19 ELO 2 IG Issues U.S. Army Inspector General School 22 Limits on Inquiries Applicants for enlistment will not be asked … – Their sexual orientation – If they have engaged in homosexual conduct AR 600-20, para. 4-19b IG Issues U.S. Army Inspector General School 23 Homosexual Conduct Fact-Finding Inquiries • Only the commander is authorized to initiate fact- finding inquiries • May designate someone else to conduct • Must have credible information from a reliable person who states he or she: – Stated that he or she is homosexual or bisexual, or words to that effect – Engaged in, attempted to engage in, or solicited another to engage in homosexual act(s) – Married or attempted to marry a person known to be of the same biological sex AR 600-20, para. 4- 19d ELO 3 IG Issues U.S. Army Inspector General School 24 Not Credible Information • Rumors, suspicions, or capricious claims, • Others’ opinions • Going to a homosexual bar • Reading homosexual publications • Associating with known homosexuals • Marching in homosexual rights rallies in civilian clothes • Reports by a Soldier of being harassed on the basis of perceived sexual orientation – Commanders will take appropriate action to protect the safety of the individual who reported threats or harassment – All members will be treated with dignity and respect and will be afforded a safe and secure environment in which to live and work IG Issues U.S. Army Inspector General School 25 If Soldier Makes a Homosexual Statement • Automatic discharge is not required if it is determined that the Soldier made the statement for the purpose of avoiding or terminating military service. • The Soldier’s commander may initiate an inquiry to determine whether that member should be discharged. IG Issues U.S. Army Inspector General School 26 If Soldier Makes a Homosexual Statement But the Commander Thinks the Soldier is Lying Commander can question:   Soldier  Soldier’s immediate supervisory   chain of command  Individuals Soldier suggests  Going outside this  group is  considered a  SUBSTANTIAL  INVESTIGATION Requires approval  at the Army Secretariat  Level AR 600-20, para. 4-19e ELO 4 IG Issues U.S. Army Inspector General School 27 Homosexual Conduct State Laws versus Army Policy • Some states allows same-sex civil unions or marriages: New Jersey, New Hampshire, California, Vermont, Connecticut, Massachusetts, Iowa • Regardless of local laws, any attempt by a Soldier to solemnize a relationship as a civil union or marriage with someone of the same sex is a basis for discharge IG Issues U.S. Army Inspector General School 28 With Whom Can a Soldier Talk Confidentially? • Legal Assistance Attorney • Chaplain • IG – it depends: – Policy question: Teach and Train – Allegation: Refer to commander – Questions: Local SJA or DAIG Legal Most Soldiers do not know this information! IG Issues U.S. Army Inspector General School 29 Homosexual Conduct Policy References and Training • AR 600-20, Army Command Policy, para 4-19 • DoDDs 1332.14 and 1332.30 • 10 USC 654 • Article 137, UCMJ • http://www.armyg1.army.mil/hr/command/default.asp – Power Point Slide show on Homosexual Conduct Policy Training – SecArmy / CSA Message on Homosexual Policy (10 Jan 2000) – More • Initial and annual awareness training IG Issues U.S. Army Inspector General School 30 The Bottom Line C Y A all our ttorney Sexual Misconduct in the Army AR 600-20, Army Command Policy, Chapters 7, 8 Apps. D, F, G, H, I, J, K IG Issues U.S. Army Inspector General School 32 Sexual Misconduct ELO • Describe an IG’s actions upon receiving an allegation of sexual harassment or sexual assault. • Identify what office can work a complaint involving sexual harassment or sexual assault. IG Issues U.S. Army Inspector General School 33 What is Sexual Harassment? Sexual Harassment is a form of gender discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature -- sometimes as a term or condition of a person’s job, pay, or career. AR 600-20, para. 7-4 IG Issues U.S. Army Inspector General School 34 Forms of Sexual Harassment • Verbal – Whistling, Jody calls, jokes with sexual connotations, request for sexual favors • Non-verbal – Leering, ogling of another, gestures • Printed material – Pictures, cartoons, magazines, coffee cups, figurines, calendars • Physical – Touching, kissing, pinching, blocking passage way, patting AR 600-20, para. 7-5 IG Issues U.S. Army Inspector General School 35 The Impact of Sexual Harassment • Interferes with the person’s work performance • Creates a hostile environment • Introduces a high degree of fear and anxiety into the workplace BOTTOM LINE: Soldiers or civilians who fend off offensive and repeated sexual attacks do not perform quality work. IG Issues U.S. Army Inspector General School 36 Who Works Sexual Harassment Complaints? • IGs must: – Receive the IGAR, DA Form 1559, open in IGARs – Address the complaint – Look at the larger picture – Look at the issues that impact: • Unit cohesion and mission effectiveness • Acceptable standards of equality and fair play • IGs -- it depends: – AR 20-1, para 4-4h – Local command policy – Either IG or Equal Opportunity Advisor may work ELO 5 ELO 6 IG Issues U.S. Army Inspector General School 37 Army SHARP Program Sexual Harassment / Assault Response & Prevention References and Training • AR 600-20, Chapter 7 • AR 20-1, para 1-4 • UCMJ, Art 93 • Initial and semi-annual POSH training • http://www.sexualassault.army.mil/pos h.cfm IG Issues U.S. Army Inspector General School 38 IG Issues U.S. Army Inspector General School 39 IG Issues U.S. Army Inspector General School 40 IG Issues U.S. Army Inspector General School 41 What is Sexual Assault? Sexual Assault is defined as intentional sexual contact, characterized by use of force, threats, intimidation, abuse of authority, or when the victim does not or cannot consent. Sexual assault includes rape, forcible sodomy (oral or anal sex), and other unwanted sexual contact that is aggravated, abusive, or wrongful (to include unwanted and inappropriate sexual contact), or attempts to commit these acts. DoDD 6495.01, Change 1 IG Issues U.S. Army Inspector General School 42 Sexual Assault Unawareness and Improper Procedures DAIG Inspection completed on 26 May 04 found: • High number of cases either unreported or reported informally • Training in prevention of sexual harassment is conducted but not effective concerning sexual assault • Soldiers not aware of reporting procedures and / or protocols outside of immediate chain of command • Designated Equal Opportunity Representative support systems were not well advertised IG Issues U.S. Army Inspector General School 43 Sexual Assault Report and Care • DoD Confidentiality Policy offers two reporting options: – Unrestricted Reporting • Receive medical treatment and counseling • Official investigation – Restricted Reporting • Receive medical treatment and counseling • Confidentially disclose the crime to specifically identified individuals (Sexual Assault Response Coordinator, Victims Advocate, Healthcare Personnel, Chaplain) • No official investigation • DoD Report on Sexual Assault in the Military (FY07): 705 restricted reports; 102 victims later changed to unrestricted AR 600-20, Appendix H IG Issues U.S. Army Inspector General School 44 Sexual Assault Restricted Reporting Eligibility • Who may make a restricted report – Active Duty – Reserve (performing Federal duty) – National Guard (Under Title 10) • Who may not make a restricted report: – Dependents – DoD civilians – Retired members of any component – National Guard Soldiers (Under Title 32) IG Issues U.S. Army Inspector General School 45 The IG’s Role in Sexual Assault IGARs • Document the case, DA Form 1559 and enter in IGARS • Take care of the victim -- contact SARC -- but IG must report sexual assault • Local IGAR by complainant is usually referred to local CID for investigation • DAIG controls Army-level referrals (SECARMY, Chief of Staff, etc.) as Office of Record (treat like a Congressional inquiry) ELO 5 ELO 6 IG Issues U.S. Army Inspector General School 46 Sexual Assault Prevention and Response (SAPR) References and Training • DoDD 6495.01, DoDI 6495.02 (incorporating Change 1) • AR 600-20, Chapter 8 • AR 20-1, para 1-4 • UCMJ, Art 120 • Professional Military Education (IET, WLC (PLDC), WOBC, CCC, BNCOC, SMC, etc.) • Initial and annual awareness training • Pre-deployment and post-deployment training • Sexual Assault Risks, Prevention, and Response added to all Holiday Safety Briefings • http://www.sexualassault.army.mil Combating Trafficking in Persons DoDI 2200.01, Combating Trafficking in Persons Army Policy, Combating Trafficking in Persons IG Issues U.S. Army Inspector General School 48 Combating Trafficking in Persons ELOs • Describe the Army's policy concerning Combating Trafficking in Persons. • Describe the IG's actions upon receiving an allegation or an issue involving trafficking in persons. IG Issues U.S. Army Inspector General School 49 Trafficking: As Defined by the Trafficking Victims Protection Act of 2000 • Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age; or • The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. IG Issues U.S. Army Inspector General School 50 Trafficking in Persons (TIP) or Human Trafficking • Forms – Sex tourism, prostitution, includes children – Forced labor, domestic servitude, child soldiers • Methods of Coercion – Fraudulent ads for employment (maid, nannies, modeling) – Promises of travel – Threats, intimidation, or violence • Thriving Business – Poverty, demand for cheap labor, high profits -- low risks – Political and economic instability, official corruption – Disasters (Tsunami December 2004) – 600,000 to 800,000 people trafficked annually across national borders -- more within own countries IG Issues U.S. Army Inspector General School 51 The Face of Forced Labor “My name is Jorge… I was abducted and taken to a sugar cane plantation in Brazil where I work as a slave. I am one of millions of forced laborers in the world today.” Forced Child Labor in United Arab Emirates Slovakia Prevention and Protection Campaign IG Issues U.S. Army Inspector General School 52 FOR OFFICIAL USE ONLY LAW ENFORCEMENT SENSITIVE 12 Feb 10 EXECUTIVE SUMMARY [U] ALLEGATIONS OF HUMAN TRAFFICKING AND SEXUAL ABUSE OF THIRD COUNTRY NATIONALS BY AAFES SUB-CONTRACTORS – IRAQ [USACIDC]: Self-initiated. On 12 Feb 10, CID was notified by DoDIG of allegations of human trafficking and sexual assault involving third country national females brought onto US military bases in Iraq under false pretenses by AAFES sub- contractors. Preliminary information indicates the women were recruited from their home nations with promises of well-paying beautician jobs in Dubai, but were instead forced to surrender their passports, transported against their will to Iraq, and told they could only leave by paying a termination fee of $1,100. The women were allegedly moved several times against their will within Iraq, including being forced to work at FOB Sykes, Tal Afar (near Mosul) and LSA Anaconda. They were reportedly subjected to poor living and work conditions, and sexually assaulted by unknown individuals, to include civilian contractor supervisors. Reportedly, a telephone complaint to the Army sexual assault abuse hotline at FOB Sykes received a response that services were not available for civilian on civilian allegations. It is also alleged that a follow-on complaint to an AAFES hotline received a similar response. The allegations are coming to the Defense Department from State Department leadership who were recently queried by Ms. Sarah Stillman, a reporter for www.truthdig.com, who reportedly spent time in Iraq interviewing third country national women and is believed to be writing an article on the allegations for publication in the Washington Post (perhaps this weekend). It is believed she will report that she has interviewed hundreds of women and will report that many of them underwent similar abuse. Trafficking in Persons (TIP) or Human Trafficking IG Issues U.S. Army Inspector General School 53 US Army Private, 3 Others Indicted on Sex Trafficking & Drug Charges MARYLAND - 9/30/2009 A federal grand jury has indicted a Millersville, Maryland man and three conspirators from Ohio on charges of running a sex trafficking business from an apartment in Millersville, announced United States Attorney for the District of Maryland Rod J. Rosenstein. The indictment was returned on September 24, 2009 and unsealed today upon the arrest of the defendants. The indictment calls for the forfeiture of all property used in the commission of the crimes, including financial proceeds and a 2006 Chrysler 300 registered in Ohio. United States v. Carreto (New York). Seven defendants entered guilty pleas for violating 18 U.S.C. § 1591 by operating a trafficking ring that smuggled young Mexican women and girls into the United States illegally and, through sexual and physical assaults and threats to harm their families in Mexico, forced the victims into prostitution in Queens and Brooklyn. Two lead defendants were sentenced to 50 years in prison and a third was sentenced to 25 years in prison. A fourth defendant was sentenced to 80 months in prison. The final and seventh defendant pled guilty in July 2008 after being extradited to the United States from Mexico, and awaits sentencing. 7 4 x Trafficking in Persons (TIP) or Human Trafficking IG Issues U.S. Army Inspector General School 54 United States v. Djoumessi (Michigan). Two defendants were convicted of involuntary servitude for holding a 14-year-old Cameroonian girl as a domestic servant in their Michigan home by using a scheme of violence, threats, and sexual assault. One defendant was sentenced to 218 months imprisonment and the other was sentenced to 60 months imprisonment. The defendants were ordered to pay the victim $100,000 in restitution. In 2008 the Sixth Circuit published an opinion affirming the convictions and sentences. United States v. Farrell (South Carolina). On February 22, 2008 two hotel owners were convicted in South Dakota for peonage, document servitude, and visa fraud for using threats of legal coercion and other threats to compel Filipino workers into service in the defendants' hotels. The lead defendant was sentenced to 50 months imprisonment, the second defendant was sentenced to 36 months, and they were fined $15,000. United States v. Jones (Georgia). Defendant Jones was charged in Atlanta, Georgia, with multiple counts of sex trafficking, sex trafficking of a minor, peonage, Mann Act violations and extortionate collection of credit, for recruiting and forcing young women to engage in prostitution in the Atlanta area. Defendant Jones lured the U.S. citizen victims into signing fraudulent modeling contracts, and then used physical and sexual abuse, threats of force, and extortion to compel the young women into prostitution. On January 24, 2008, defendant Jones pled guilty on the eve of trial and was sentenced to fifteen years in prison and offered to pay restitution in the amount of $60,600 to six victims. Trafficking in Persons (TIP) or Human Trafficking IG Issues U.S. Army Inspector General School 55 IG Issues U.S. Army Inspector General School 56 Army Policy • Opposes any and all activities associated with human trafficking • Vigorously enforces laws against those who traffic or facilitate trafficking • Applies worldwide – on or off duty – on or off military reservation • Requires immediate mandatory awareness training • Requires commanders to develop a program that includes an assessment of TIP and related issues and awareness training No leader will turn a blind eye to this issue! ELO 7 IG Issues U.S. Army Inspector General School 57 The IG’s Role • The IG's actions upon receiving an allegation or an issue involving trafficking in persons: – Refer the matter to one or more of the following: • The chain of command • CID • Local law enforcement TIP is inherently criminal and not appropriate for IG action! ELO 8 IG Issues U.S. Army Inspector General School 58 Combating Trafficking in Persons (CTIP) References and Training • U.S. Laws and Action – Military Extraterritorial Jurisdiction Act of 2000 – The Trafficking Victims Protection Act of 2000 (P.L. 106-386) – Trafficking Victims Protection Reauthorization Act of 2003 (H.R. 2620) – DoDI 2200.01, Combating Trafficking in Persons (CTIP) • State Department http://www.state.gov/g/tip/ • Commanders must ensure that units understand and recognize indicators of TIP • Mandatory awareness training: http://projects.aadlcolab.org/tip • US Army CTIP http://combat-trafficking.army.mil/ Complaints Involving Suicide The Assistance and Investigations Guide, Part One, Section 3-9 IG Issues U.S. Army Inspector General School 60 Complaints Involving Suicide • During the conduct of a case, an IG may face a situation where a complainant expresses suicidal thoughts or those of another Soldier • A potential conflict exists between IG confidentiality and taking action to protect an individual by releasing information to third parties IG Issues U.S. Army Inspector General School 61 The IG’s Role • Never place IG confidentiality over an individual's safety • Take action to assist (Chaplain) • If the individual declines the IG's assistance and time permits, contact DAIG's Legal Advisor for a sanity check • Contact the chain of command or medical personnel on an FOUO basis • Listen! Questions? Improper Relationships / Fraternization Policy Homosexual Conduct Policy Sexual Misconduct (harassment and assault) Combating Trafficking in Persons IG Issues U.S. Army Inspector General School 63 • IG Issues U.S. Army Inspector General School 64 IG Issues U.S. Army Inspector General School 65