An Army Staff Sergeant faced allegations of sexual harassment following a complaint from a subordinate Soldier, who reported feeling uncomfortable after he commented on her choice of attire, specifically booty shorts worn to off-duty functions. The command responded by placing a FLAG on the Staff Sergeant and initiating an AR 15-6 investigation into the matter.
To navigate the investigation, the Staff Sergeant retained the help of Tim Bilecki, a defense attorney specializing in Article 134 UCMJ sexual harassment cases. The defense’s approach included interviewing the complainant and several Soldiers present at the time of the remarked incident. It was determined that while the comments were made, they did not constitute sexual harassment or create a hostile workplace under the formal definitions of these terms. Efforts were made to clarify the legal definitions of sexual harassment and hostile workplace environments to the investigating officer, steering away from subjective interpretations.
The investigation concluded with the AR 15-6 report deeming the allegations unsubstantiated. Although the report contained cautionary advice for the Staff Sergeant to be mindful of his language, it resulted in no adverse administrative actions against him, acknowledging the lack of evidence to support the sexual harassment claim.
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