Bullying
Bullying Definition
Bullying is a form of harassment that includes acts of aggression by a military member or civilian employee with a nexus to military service, with the intent of harming a service member either physically or psychologically, without a proper military or other governmental purpose.
What Bullying Involves
Bullying Involves
Bullying may involve:
- Singling out of an individual from his or her coworkers, or unit, for ridicule because they are considered different or weak
- An imbalance of power between the aggressor and the victim
Channels and Settings
Bullying Channels
Bullying can be conducted through:
- Electronic devices or communications
- Other means including social media
- In person
Consent Doesn't Excuse
Bullying Consent Irrelevant
Service members may be responsible for an act of bullying even if there was actual or implied consent from the victim and regardless of the grade or rank, status, or service of the victim.
Universal Prohibition
Bullying Always Prohibited
Bullying is prohibited in all circumstances and environments, including off-duty or "unofficial" unit functions and settings.
Proper Purpose Exception
Bullying Proper Purpose Exception
Bullying does NOT include:
- Properly directed command or organizational activities that serve a proper military or other governmental purpose
- Requisite training activities required to prepare for these activities, such as command-authorized physical training
Hazing
Hazing Definition
Hazing is a form of harassment that includes conduct through which military members or civilian employees, without a proper military or other governmental purpose but with a nexus to military service, physically or psychologically injure or create a risk of physical or psychological injury to service members for the purpose of:
- Initiation into
- Admission into
- Affiliation with
- Change in status or position within
- A condition for continued membership
…in any military or Department of Defense civilian organization.
Channels and Consent
Hazing Channels
Hazing can be conducted through electronic devices, social media, or in person. Service members may be responsible for an act of hazing even if there was actual or implied consent from the victim.
Universal Prohibition
Hazing Always Prohibited
Hazing is prohibited in all circumstances and environments including off-duty or "unofficial" unit functions and settings.
Proper Purpose Exception
Hazing Proper Purpose Exception
Hazing does NOT include properly directed command or organizational activities that serve a proper military or other governmental purpose, or the requisite training activities required to prepare for these activities, such as:
- Administrative corrective measures
- Extra military instruction
- Command-authorized physical training
Retaliation — Article 132 UCMJ
Retaliation Definition
Retaliation is taking or threatening to take an adverse personnel action against a person, OR wrongfully withholding or threatening to withhold a favorable personnel action with respect to a person, as a result of that person:
- Reporting a criminal offense
- Making a protected communication
- Planning to do either
Protected Communication
Protected Communication Definition
A protected communication is a communication made to:
- A Member of Congress
- An Inspector General
- Certain other authorities
…when the communication discloses evidence of a violation of law or regulation, including:
- Sexual harassment
- Unlawful discrimination
Other Protected Disclosures
Other Protected Disclosures
A protected communication may also relate to:
- Gross mismanagement
- Fraud, waste, and abuse
- Substantial danger to public health and safety
Article 132 UCMJ
Retaliation = Article 132 UCMJ
Retaliation is prohibited by Article 132, UCMJ.