air national guard military discrimination complaint system

1. AIR NATIONAL GUARD MILITARY DISCRIMINATION COMPLAINT SYSTEM

3. ELEMENTS OF A COMPLAINT INDIVIDUAL COMPLAINING ACTION/ISSUE THAT HARMED THE COMPLAINANT BASIS OF DISCRIMINATION DATE OF ALLEGED INCIDENT RESPONSIBLE MANAGEMENT OFFICIAL

4. PROTECTED BASES Race/Color: Includes every race and color Sex (Gender): Includes both genders National Origin Religion Sexual Harassment - 2 Types Hostile Work Environment �Quid Pro Quo� Reprisal: For prior MEO activity

5. ISSUES An event, personnel action, condition or decision that caused a person to believe discrimination occurred. Examples: Assignment of Duties Awards Training Harassment (General & Sexual) Promotion

6. FILING EO COMPLAINTS In writing to - EO/MEO STAFF COMMANDER NEXT HIGHER COMMANDER ANY HIGHER COMMANDER

7. REPRISAL ADVISEMENT AND ELECTION FORM OFFERS PROTECTION UNDER THE MILITARY WHISTLEBLOWERS PROTECTION ACT IF THE COMPLAINANT SO ELECTS

8. REPRISAL PREVENTION PLAN INITIATED BY THE COMMANDER WHEN A FORMAL COMPLAINT OF DISCRIMINATION IS FILED

9. TIME LINES DESIGNED TO STREAMLINE THE PROCESSING TIME EXPEDITE THE PROCESS TO THE BENEFIT OF BOTH THE COMPLAINANT AND CHAIN OF COMMAND THE GOAL IS TO REACH A FINAL DECISION NO LATER THAN ONE YEAR AFTER INITIAL FILING

10. INFORMAL COMPLAINT Verbally raising an issue that is based on discrimination. The chain of command is responsible to act on issues raised verbally concerning alleged discrimination.

11. INFORMAL COMPLAINTSTIME LIMITS A Complaint must be filed within 180 calendar days from the date of the alleged discrimination or the date that the individual became aware or reasonable should have become aware of the discriminatory event or action.

12. INFORMAL COMPLAINTSTIME LIMITS When a commander receives an informal complaint all required actions will be completed within 30 calendar days or through the next drill period. After this period, the complaint can be withdrawn by the complainant or become formal The only appeal of an informal complaint is to formally file a complaint.

13. FORMAL COMPLAINT Filing a written allegation of discrimination with the chain of command.

14. FORMAL COMPLAINTS If the formal complaint is the result of an election by the complainant to file a formal complaint after unsuccessful resolution of an informal complaint, it will be filed one level above the command level where the informal complain was processed. Complainant will check and initial �Formal Box� on NGB Form 333

15. FORMAL COMPLAINTS Lowest Command Level Will complete all required actions within 60 calendar days after receipt Procedural review to determine acceptance, dismissal, or referral

16. FORMAL COMPLAINTS Lowest Command Level Complete an inquiry or investigation Complete an SJA legal review Attempt resolution and take corrective action as appropriate

17. COMPLAINT PROCESS An Inquiry is conducted first By Commander or an assigned individual ** MEO personnel are in a advisory capacity only Problem not rectified ? - - Investigation initiated Conducted by disinterested officer appointed by Commander **

18. COMPLAINT PROCESSINVESTIGATIONS When required, based on delegation of appointing authority If unresolved at the Adjutant General level Conducted by disinterested officer appointed by TAG Typically, no MEO/EO/EEO/JA personnel

19. FORMAL COMPLAINTS If settled or withdrawn, forward the case file to the SEEM for disposition Annotate on NGB Form 333 Include all related documents - Complaint Legal Review Settlement Agreement Appointment of IO and his/her report Any corrective action taken

20. FORMAL COMPLAINTSAG LEVEL If the complaint reaches the AG level - The Adjutant General has 90 days to complete the following: review for legal and administrative compliance attempt resolution order an investigation if needed provide a redacted copy of the report of investigation (ROI) to complainant when closed

21. FORMAL COMPLAINTSAG LEVEL The Adjutant General Will: Annotate resolution (if applicable) Annotate withdrawal Request a Final Agency Decision from the NGB if needed

22. FORMAL COMPLAINTSFull-Time AGR Time Limits Must file within 180 days of incident(s) The full-time supervisory chain will process the complaint on behalf and in coordination with the commander 14 days to inquire and attempt resolution at each command level Process repeated until it reaches the Adjutant General Level.

23. FORMAL COMPLAINTSFull-Time AGR Time Limits If unresolved, the complainant will be provided a copy of the inquiry and may rebut the inquiry within 14 days of receipt Process repeated until it reaches the Adjutant General Level.

24. COMPLAINT PROCESSNGB LEVEL NGB Final Agency Decision will be - No discrimination No Discrimination W/Corrective or Remedial Action Discrimination (in part or in whole) Corrective/Remedial Action Required No Further Reviews

25. DISMISSAL CRITERIA FAILURE TO STATE OF CLAIM OF DISCRIMINATION THE COMPLAINT OR ISSUE IS MOOT