{"id":41,"date":"2026-07-22T02:52:03","date_gmt":"2026-07-22T02:52:03","guid":{"rendered":"https:\/\/fedlaws.org\/?p=41"},"modified":"2026-07-22T02:52:03","modified_gmt":"2026-07-22T02:52:03","slug":"10-usc-1561-sexual-harassment-complaints-and-investigations","status":"publish","type":"post","link":"https:\/\/fedlaws.org\/?p=41","title":{"rendered":"10 USC 1561: Sexual Harassment Complaints and Investigations"},"content":{"rendered":"

When a service member files a formal sexual harassment complaint, 10 U.S.C. 1561<\/strong> forces the command to act on a clock: the complaint must be forwarded to an independent investigator within 72 hours, the investigation must finish within 14 days, and a final report must reach the next general court-martial convening authority within 20 days. The statute takes the decision away from the accused person’s immediate unit and puts it in the hands of an outside investigator and a superior commander. Since 2022, the same conduct is also a criminal offense under the Uniform Code of Military Justice, so a substantiated complaint can lead to court-martial rather than a quiet counseling session.<\/p>\n

Who Is Covered<\/h2>\n

The procedures apply to active-duty members of the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard operating under the Department of Defense. Reserve and National Guard members serving on federal Title 10 orders are covered on the same terms.1<\/a><\/sup>Office of the Law Revision Counsel. 10 USC 1561 – Complaints of Sexual Harassment: Independent Investigation<\/a><\/span><\/p>\n

Guard members on Title 32 (state) orders are outside this federal process and rely on state military code and adjutant general policies. Your orders will say which status you are in, and the distinction controls whether the statute’s timelines apply. Civilian DoD employees use separate Equal Employment Opportunity channels, though their conduct toward a service member can still be the subject of a military complaint.<\/p>\n

Filing a Formal Complaint<\/h2>\n

Complaints come in two flavors. An informal complaint moves through the chain of command or a military equal opportunity professional and is usually resolved at the lowest level through mediation, counseling, or corrective training. It does not trigger the statutory investigation.<\/p>\n

A formal complaint does. You can submit one to your commanding officer, another officer in the chain, or your branch’s equal opportunity office. If the person you are accusing is in your direct chain, take it higher or to an equal opportunity representative instead. Each branch has its own form: the Army uses DA Form 7746, the Navy uses NAVPERS 5354\/2.2<\/a><\/sup>Army Resilience Directorate. Directorate of Prevention, Resilience and Readiness: Forms<\/a><\/span><\/p>\n

There is no strict statute of limitations for filing, but delay weakens evidence and memory. A verbal report starts the clock informally; putting the complaint in writing creates a record and locks in the statutory timelines.<\/p>\n

A separate framework governs sexual assault, not harassment. The DoD Sexual Assault Prevention and Response program offers restricted and unrestricted reporting options for assault cases.3<\/a><\/sup>eCFR. 32 CFR 103.6 – Reporting Options and Sexual Assault Reporting Procedures<\/a><\/span> Those confidential options do not apply to standalone harassment complaints under 10 U.S.C. 1561; a formal harassment complaint always notifies the chain of command. If you are unsure whether the conduct qualifies as harassment, assault, or both, a Sexual Assault Response Coordinator or a legal assistance attorney can help you sort it out before you commit to a path.<\/p>\n

The Statutory Timelines<\/h2>\n

The hard deadlines are the reason this statute matters. Each one is qualified by “to the extent practicable,” which allows for genuine logistical obstacles but does not excuse routine delay.<\/p>\n