MCO 5354.1G Prohibited Activities and Conduct Prevention and Response Policy Changes to Appeal Standard and Dismissal Authority

1. This Marine Administrative Message (MARADMIN)
updates the appeals standard for formal complaints of prohibited
discrimination, harassment (including hazing, and bullying), and
clarifies commanders' authority for dismissing complaints that,
even if true, would not meet those definitions.
2. Background. Ref (a) provides a broad basis for appeal of
findings in cases of prohibited discrimination complaints; this
MARADMIN distinguishes the basis for appeal of findings in cases
of harassment, hazing, and bullying complaints. Moreover, this
MARADMIN updates ref (b) in alignment with all references and
advances the Secretary of Defense's initiative to restore good
order and discipline by affirming commanders' discretion to dismiss
complaints that do not allege conduct rising to the level of
harassment, hazing, or bullying.
3. Effective the date of this MARADMIN, ref (b) Chapter 6, Para 12,
is amended to read as follows:

Appeal of Administrative Findings. Either party may appeal the CA's
administrative findings to the Appeal Authority. The Appeal
Authority shall be the Reviewing GCMCA, except in cases where the
Reviewing GCMCA is an ASCA who also served as the investigation CA;
in such cases, the Appeal Authority is the DC M&RA. Such an appeal
is not automatic and must be submitted in writing. Written appeals
of the administrative findings must be submitted within 30 days of
notification of the findings, in order to facilitate routing of the
appeal along with the case files for review by the Reviewing GCMCA.

3.a. Basis for Appeal
3.a.(1). Appeal of Administrative Findings Related to Prohibited
Discrimination. Consistent with ref (c), either party may appeal
the CA's administrative findings on the following bases: any legal
or equitable grounds based upon a good faith belief that existing
DOD or DON regulations were incorrectly applied in the particular
case; that facts were ignored or weighed incorrectly; or on any
other good faith basis.
3.a.(2). Appeal of Administrative Findings Related to Harassment,
Bullying, and Hazing.  Either party may appeal the CA's
administrative findings on the basis that (1) the CA's
administrative findings were clearly erroneous, and/or (2) that
existing DOD, DON, or USMC regulations were incorrectly applied in
the particular case (e.g., applied wrong burden of proof).
3.b. The individual making the appeal bears the burden of proving
the basis for the appeal.
3.c. Dissatisfaction with the complaint disposition does not
constitute a valid basis for appeal.
3.d. Collateral misconduct not contained in Chapter 3 of this
Order that is discovered and substantiated during the course of
the investigation will not be part of the PAC appeal process.
4. Effective the date of this MARADMIN, Chapter 6, Para 3i of
ref (b) is amended to read as follows:

The commander with jurisdiction over the subject of the complaint
may dismiss a complaint at any time (i.e., whether before, during,
or after an investigation). Commanders shall annotate the
justification for dismissal in the appropriate block of the
NAVMC 11512 and/or NAVMC 11513.

5. Additional questions should be directed to the POC.
6. Release authorized by Brigadier General Lauren S. Edwards,
Director, Manpower Plans and Policy Division, Manpower and
Reserve Affairs.