How the Marine Corps Handles Sexual Harassment Cases

Sexual harassment in the U.S. Marine Corps is no longer treated solely as a command climate or Equal Opportunity issue, but as serious misconduct. Recent changes in federal law, Department of Defense policy, and Marine Corps guidance have transformed sexual harassment into a criminal offense under the Uniform Code of Military Justice (UCMJ), with reduced command discretion and increased oversight.

Sexual Harassment Under Military Law

Sexual harassment is punishable under Article 134 of the UCMJ. The offense includes unwelcome sexual advances, requests for sexual favors, or other sexual conduct when that behavior, including when it:

• Affects career or employment decisions
• Interferes with a Marine’s performance of duties
• Creates a hostile or offensive working environment

There is no requirement to prove psychological injury. The legal standard focuses on whether a reasonable person would view the conduct as hostile or abusive.

At the Department of Defense level, sexual harassment policy is governed by DoDI 1020.03. The Marine Corps implements this policy primarily through Marine Corps Order (MCO) 5354.1, which addresses prohibited activities and conduct, Equal Opportunity responsibilities, and complaint-handling procedures.

How Sexual Harassment Is Reported in the Marine Corps

Marines may report sexual harassment through several avenues:

• Anonymous complaints
• Informal complaints raised through the chain of command
• Formal complaints, submitted in writing to commanders or Equal Opportunity Advisors (EOAs)

Investigation Process

When a complaint is received, Equal Opportunity Advisors (EOAs) conduct intake interviews to determine whether the allegations meet the required elements of sexual harassment under Marine Corps policy.

If the allegation involves potential criminal conduct under Article 134, the complaint must be referred for investigation by the Naval Criminal Investigative Service (NCIS).

NCIS investigations may include:

• Interviews of the complainant, the accused, and witnesses
• Review of electronic communications, texts, emails, and social media
• Collection of other relevant evidence

If NCIS determines the allegation lacks sufficient factual detail, the complaint may be returned to the command for appropriate administrative handling. If the allegation is substantiated, the investigation proceeds for legal and command review.

Prosecutorial Authority and the Office of Special Trial Counsel (OSTC)

The National Defense Authorization Act for Fiscal Year 2023 fundamentally changed how certain offenses are handled in the military justice system. Under this framework, sexual harassment under Article 134 is now designated as a covered offense.

For qualifying cases:

• Charging decisions are made by the Office of Special Trial Counsel (OSTC), not the local commander
• Commanders may not independently pursue court-martial or nonjudicial punishment unless OSTC declines prosecution or refers the matter back for administrative action

Marine Corps implementation of these changes is addressed in MARADMIN 622/24, which provides guidance on OSTC authority and covered offenses.

Administrative Separation for Sexual Harassment

Even when a sexual harassment case does not result in a court-martial, substantiated misconduct can still trigger administrative separation.

Administrative separation for sexual harassment is governed by MCO 1900.16 (MARCORSEPMAN). Sexual harassment may qualify as misconduct warranting separation, either as a serious offense or as part of a broader pattern of misconduct.

When OSTC refers a substantiated sexual harassment case back to the command, current policy generally requires commanders to initiate administrative separation processing rather than resolve the matter informally. This requirement reflects Congressional and DoD intent to ensure consistent accountability across the force.

Due Process Protections for Marines

Although separation processing may be mandatory in certain cases, discharge is not automatic. Marines retain key procedural rights, including:

• Written notice of the basis for separation
• The right to consult with military defense counsel or civilian counsel at their own expense
• The opportunity to submit written rebuttal matters
• An administrative separation board, when required by years of service or potential characterization

The characterization of service—Honorable, General (Under Honorable Conditions), or Other Than Honorable—depends on the specific facts of the case and applicable regulations.

Final Thoughts

The Marine Corps’ approach to sexual harassment reflects a significant shift away from informal, command-driven resolution toward a system emphasizing criminal accountability, independent prosecutorial decision-making, and mandatory administrative consequences.

Sexual harassment allegations can now trigger:

• NCIS investigations
• OSTC prosecutorial review
• Involuntary administrative separation processing

If you are accused of sexual harassment, you should consult with an experienced military attorney