SHARP

8 Rights of Victim

right to be reasonably protected from the accused
right to reasonable, accurate, and timely notice
right not to be excluded from any public proceedings
right to be reasonably heard
reasonable right to confer with government's attorney
right to full and ti

Right to be reasonably protected from the accused

when victims have concerns about their safety and identify these concerns, a variety of approaches can be developed to promote safety (in military commanders can issue MPO military protective order)

Right to reasonable, accurate, and timely notice

notification- is a key to enforcement issue, must be situation-specific, must be given in a reasonable and timely manner, should be early, often, and accurate

Right to not be excluded from any public proceedings

present during criminal justice proceedings, right to be present may differ dramatically depending on the proceeding to which it applies, some state statutes have been passed to allow the crime victim the right to designate a representative if the victim

right to be reasonably heard

provides that victims have a voice at critical hearings related to their case, allows victims to express their concerns about the status of their offenders

reasonable right to confer with government's attorney

the right to confer with an attorney begins once a criminal proceeding has started, victims are able to confer with the government's attorney about proceedings "after charging

right to full and timely restitution as provided in law

restitution is the oldest victim right, real impact of crime is on the people who suffer physically, emotionally, and financially, crime costs, all states have passed restitution laws

right to proceedings free from unreasonable delay

this means that the court is required to consider any adverse impact a delay may have on the well-being of the victim when considering a motion for a delay or continuance

right to be treated with fairness and with respect for the victim's dignity and privacy

asserts that victims will be treated with sensitivity during all phases of justice processes and by all agents of justice system

UCMJ

the bedrock of military justice

AR 600-20 Chapter 7-8

military, EO

690-600

civilian, EEO

I.A.M.

Intervine, Act, Motivate

Campaign Phases

Phase I-Committed Army Leadership
Phase II-Armywide Conviction
Phase III-Achieve Cultural Change
Phase IV-Sustainment, Refinement, and Sharing

SHARP Functional Areas

Program Management, Prevention, Response, Training (SARC can do all, VA can't do program management)

Active listening

helps you connect with victims and enables you to appropriately assess victims' needs

Active Listening Techniques

Engaging, focusing, thinking, questioning, clarifying, paraphrasing, using "I

I" statements

help defuse the situation

Prevention

the action of stopping something from happening or arising

Intervention

the action of coming in or between something by way of hindrance or modification

Prevention Steps

Step 1: Know and follow rules
Step 2: Reduce Threats
Step 3: Promote Awareness
Step 4: Influence behavior

E-8 sees E-7 doing something wrong and the E-8 says I would never do that and you should never do that... this is an example of what prevention step?

Influence behavior

Non-verbal communication

remain silent
make sympathetic sounds
nod your head appropriately
sit at an angel
smile
appear relaxed
be interested in what the victim is saying

Non-verbal behaviors

posture
body orientation
facial expressions
gestures
clothing
personal boundaries
tone and inflection
physical appearance

Remain silent

this allows for the victim to formulate their thoughts

I" statements

makes them less defensive

What are "I" statements used for

to make them less defensive

Boundaries

provide professional information only
separate appropriate vs inappropriate behavior
do not promote a false sense of security
ease into the boundaries
discuss that you are an advocate and a coordinator
help a victim with all the resources that could help

Do not build hopes up

false sense of security, do not promise what will happen say the process will go through the commander and they will deal with it

Don't tell personal business such as my friend or my brother had this happen to them and this was the outcome

provide professional information only

Ethical Responsibility

practice ethical behavior, maintaing appropriate limits on the relationship, do not lose professional focus

Conflict of interest

be aware of any conflicts that could prevent you form providing appropriate and sufficient support and care to the victims (remember story about SARC and CID agent)
If you know of two cases and they are with people who know each other there is a possibili

continuum of behaviors

sexual innuendo leads to sexual harassment leads to sexual assault

Complaints of harassment or discrimination based on sexual orientation will be referred to the

EO

Sexual Harassment

form of gender discrimination that invokes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature between the same or opposite genders

3 Categories of sexual harassment

verbal
non-verbal
physical contact

2 Types of sexual harassment

quid pro quo
hostile environment

intent vs impact

inappropriate behavior is determined by the person who perceives the behavior as such rather than by the alleged harasser
impact is reviewed and evaluated form the complainant's perspective

reasonable person standard

how would a reasonable person under similar circumstances react to or be affected by such behavior

Types of misperceptions of social norms

pluralistic ignorance
false uniqueness
false consensus

pluralistic ignorance

individuals may privately disdain but publicly support a norm or disbelief
act counter to their own beliefs to fit in, engaging in unhealthy behaviors that they mistakenly think are the norm (follow the crowd)
recognize that conforming with the norm is at

false uniqueness

assume that the difference between their attitudes and those of others is greater than it actually is (loner or goody-two-shoes mentality)

false consensus

ten to be the loudest and most aggressive in the group (ring leader)
believe that others think or behave like them when in fact they do not
use this false assumption to deny that their behaviors are negative

Ways to implement informal

direct approach
indirect approach
third party assistance
chain of command

Ways to implement formal

file a formal complaint with DA form 7279

Coping mechanisms

denial
rationalization
avoidance
adaptation

Confidentiality

I can't guarantee confidentiality, only lawyer and chaplain can

Explain approaches to resolve the sexual harassment complaint

the complainant, not you, decides what is best approach and next steps to resolve the complaint

Communication styles

aggressive
passive aggressive
passive
assertive

behavior centered feedback non-evaluative

contains three elements "I feel" "When" and "Because

Formal complaint entails

filed in writing, requires specific actions, subject to timelines, requires documentation (da form 7279), may be filed with alternate agencies

Agencies for filing formal sexual harassment complaints

higher echelon command, provost marshal, inspector general, medical agency personnel, housing referral office, staff judge advocate, chaplain

If I go to a higher echelon w/out talking to my command first because I'm giving them the opportunity to function on my behalf

go to a higher echelon if you do not feel that you can trust your command

If doing intake, what form do you use

DA form 7279

complainant files complaint

within 60 days

brigade or higher commander notifies general court martial convening authority

3 days

commander investigates and makes decision

14 days, can request additional 30 days

complainant and/or subject appeal

7 days

commander reacts to appeal

14 days, can request additional 30 days

general court martial convening authority final decision authority

no time frame given

SARC/SHARP Specialist follow-up assessment

30-45 days

5 intervention techniques for dealing with sexual harassment

- Direct approach
- indirect approach
- 3rd party assistance
- Chain of Command
- File a Formal Complaint

A complaint is unsubstantiated if what?

there is no preponderance of evidence.

A complaint is substantiated if what?

there is a preponderance of evidence.

The Direct Approach is what?

Face to Face approach.

What is the Army's vision?

To eliminate sexual harassment.

How many assistance programs were created in 1972?

3