Sexual Assault & Sexual Misconduct in the CF

[Blackadder1916]

Where do you see in the DAOD that you have retroactively report your relationship history?

How about here?

​

Disclosure of Personal Relationships​

4.5 If a personal relationship develops in a prohibited circumstance, or CAF members who have an ongoing or former personal relationship are placed in prohibited circumstances, the CAF members involved must disclose the personal relationship to the CoC

Undisclosed Prohibited Personal Relationships​

5.3 When the CoC becomes aware of the existence of undisclosed ongoing or former personal relationship in prohibited circumstances, in addition to the steps outlined in paragraph 5.2 above, the CoC will initiate a disciplinary or an administrative investigation and, if necessary, address the failure to disclose the personal relationship as a conduct deficiency

 

[SeaKingTacco]

How about here?

​

Disclosure of Personal Relationships​

4.5 If a personal relationship develops in a prohibited circumstance, or CAF members who have an ongoing or former personal relationship are placed in prohibited circumstances, the CAF members involved must disclose the personal relationship to the CoC

Undisclosed Prohibited Personal Relationships​

5.3 When the CoC becomes aware of the existence of undisclosed ongoing or former personal relationship in prohibited circumstances, in addition to the steps outlined in paragraph 5.2 above, the CoC will initiate a disciplinary or an administrative investigation and, if necessary, address the failure to disclose the personal relationship as a conduct deficiency

Thank-you! I missed that section.

I wonder what the statute of limitations is?

 

[McG]

It means you need to disclose if you suddenly find yourself as the supervisor of your ex. You don’t have to report every past relationship relationship if there is no relevant circumstance today.

 

[dapaterson]

Good thing we don't have people locked up together in a university for four years, with same rank but positional authority, in their late teens / early 20s. That would make for chaos.

 

[Furniture]

It means you need to disclose if you suddenly find yourself as the supervisor of your ex. You don’t have to report every past relationship relationship if there is no relevant circumstance today.

Unless an Ex decides to say that you exerted an undue influence from a different unit/position/rank... Then, according to policy, you need to prove you didn't negatively impact their career. They just need to make an accusation, and by policy you are guilty until you prove yourself innocent.

 

[OldSolduer]

Unless an Ex decides to say that you exerted an undue influence from a different unit/position/rank... Then, according to policy, you need to prove you didn't negatively impact their career. They just need to make an accusation, and by policy you are guilty until you prove yourself innocent.

That last sentence rings very true. Unfortunately

 

[Furniture]

That last sentence rings very true. Unfortunately

100%, because it's written into the DAOD.

Undisclosed Prohibited Personal Relationships​

5.3 When the CoC becomes aware of the existence of undisclosed ongoing or former personal relationship in prohibited circumstances, in addition to the steps outlined in paragraph 5.2 above, the CoC will initiate a disciplinary or an administrative investigation and, if necessary, address the failure to disclose the personal relationship as a conduct deficiency in accordance with Military Justice at the Unit Level, DAOD 5019-2, Administrative Review, and DAOD 5019-4, Remedial Measures. A DND employee who acts as a manager or a supervisor of a CAF member who is made aware of such a relationship must inform the CAF member’s CoC.

5.4 In personal relationships which involves a power imbalance, a rebuttable presumption will apply that the relationship was not consensual. The onus is on the individual with the higher rank, authority, or influence to demonstrate that the relationship was consensual and did not result in any real or perceived disadvantage to the party with lesser power or authority. Such cases must be addressed and may be treated as a conduct deficiency of a sexual nature in accordance with DAOD 9005-1, Sexual Misconduct Response.

5.5 Before initiating any administrative or disciplinary action for conduct that breaches this DAOD, the CoC is encouraged to consult with the local representative of the Judge Advocate General (JAG).

I suspect the intentions were good, but this flies in the face of how we are expected to operate in every other situation. Imagine if we conducted any other investigation on the assumption that the person is guilty unless they can prove their innocence...

 

[daftandbarmy]

100%, because it's written into the DAOD.



I suspect the intentions were good, but this flies in the face of how we are expected to operate in every other situation. Imagine if we conducted any other investigation on the assumption that the person is guilty unless they can prove their innocence...

I remember something about that 'inquisitorial' continental system

 

[YZT580]

100%, because it's written into the DAOD.



I suspect the intentions were good, but this flies in the face of how we are expected to operate in every other situation. Imagine if we conducted any other investigation on the assumption that the person is guilty unless they can prove their innocence...

isn't that concept based on french law? curious

 

[Furniture]

isn't that concept based on french law? curious

I have no idea, but if so, I am even more proud of my UK heritage...

 

[Blackadder1916]

isn't that concept based on french law? curious

No. In France one is presumed innocent until proved guilty. The popular misconception to the opposite is that the trial system is different, being an inquisitive (investigative) process (vice the adversarial nature of common law jurisdictions) with the judge being a trier (and investigator) of facts rather than primarily an neutral arbiter of the law.

 

[Kilted]

How about here?

​

Disclosure of Personal Relationships​

4.5 If a personal relationship develops in a prohibited circumstance, or CAF members who have an ongoing or former personal relationship are placed in prohibited circumstances, the CAF members involved must disclose the personal relationship to the CoC

Undisclosed Prohibited Personal Relationships​

5.3 When the CoC becomes aware of the existence of undisclosed ongoing or former personal relationship in prohibited circumstances, in addition to the steps outlined in paragraph 5.2 above, the CoC will initiate a disciplinary or an administrative investigation and, if necessary, address the failure to disclose the personal relationship as a conduct deficiency

What are prohibited circumstances?

 

[Kilted]

Our rules on these matters are very relaxed compared to some militaries. We don't even have a prohibition against mixed NCM/Officer relationships.

When I was serving with the Brits, I had to sign off on any loan that my troops applied for...and for officers, wives were mentioned in the PER.....

 

[Booter]

What are prohibited circumstances?

CAF members are permitted to form personal relationships, except in the following prohibited circumstances:

1. A personal relationship between a senior and subordinate or personnel of the same rank in the same direct chain of command (CoC) if there is a difference in positional authority;
2. A personal relationship between an instructor or an evaluator and a student or candidate;
3. A personal relationship between a support provider (chaplain, medical officer, social worker, etc.) and a member to whom they are providing support;
4. A personal relationship in which one party is directly involved in any aspect of the compensation and benefits, career management, honours and awards, or the assignment of tasks for the other party;
5. A personal relationship in which one party is the primary advisor to another, based on their specialist function, particularly in the context of those members who provide professional advice and guidance to the CoC; or
6. Any personal relationship characterized by a power imbalance that compromises impartial decision-making and influences outcomes for the other party.

Note – Personal relationships that involve or are expected to involve any of the functions listed above must be reported to the CoC. A DND employee who acts as a manager or a supervisor of a CAF member who is made aware of such a relationship must inform the CAF member’s CoC.

 

[OldSolduer]

CAF members are permitted to form personal relationships, except in the following prohibited circumstances:

1. A personal relationship between a senior and subordinate or personnel of the same rank in the same direct chain of command (CoC) if there is a difference in positional authority;
2. A personal relationship between an instructor or an evaluator and a student or candidate;
3. A personal relationship between a support provider (chaplain, medical officer, social worker, etc.) and a member to whom they are providing support;
4. A personal relationship in which one party is directly involved in any aspect of the compensation and benefits, career management, honours and awards, or the assignment of tasks for the other party;
5. A personal relationship in which one party is the primary advisor to another, based on their specialist function, particularly in the context of those members who provide professional advice and guidance to the CoC; or
6. Any personal relationship characterized by a power imbalance that compromises impartial decision-making and influences outcomes for the other party.

Note – Personal relationships that involve or are expected to involve any of the functions listed above must be reported to the CoC. A DND employee who acts as a manager or a supervisor of a CAF member who is made aware of such a relationship must inform the CAF member’s CoC.

This is a pretty good explanation. Thanks

 

[McG]

Unless an Ex decides to say that you exerted an undue influence from a different unit/position/rank... Then, according to policy, you need to prove you didn't negatively impact their career. They just need to make an accusation, and by policy you are guilty until you prove yourself innocent.

The text is clear on the requirements being triggered when the prohibited circumstance is in the present.

So, again, you don’t have to go retroactively reporting all your past relationships. You do have to report a past relationship if and when prohibited circumstances exist in the present relationship. That’s likely because some people become caustic assholes to every ex, and this reporting protects against an abusive power imbalance linked to any past relationships.