TABLE OF CONTENTS TAB |: Letter of Appointment TAB II: DA Form 1574, Report of Proceedings by Investigating Officer TAB Ill: Privacy Act Statements TAB IV: AR 15-6 Investigation Extension Requests / Approvals TAB V: Chronological List of Investigating Officer Actions TAB VI: Exhibits (A - Z/ 1-7)DEPARTMENT OF THE ARMY HEADQUARTERS, St SIGNAL COMMAND Unit 29800, Bex 90 ‘APO AE 09008 S: 25 April 2014 NETC-SEC 25 March 2014 SUBJECT: Appointment as Investigative Officer 1, You are hereby appointed as an investigative officer pursuant to conduct an informal investigation regarding allegations against Mr. outlined in paragraph 2 2, Your investigation will focus on, and specifically address, the following allegations and circumstances: a. Did Mr, as make unwelcome remarks of a sexual nature to a subordinate employee in violation of AR 600-20 (Army Command Policy), Chapter 7 Prevention of Sexual Harassment), Paragraph 7-3 (Policy)? ». Did Mr. [EE 2s fail to treat subordinates with dignity, respect, faimess, and consistency in violation of AR 600-100 (Army Leadership), Chapter 2 (Responsibilities), Paragraph 2-1k.? : 3. Your duties as an investigative officer will take priority over all other duties. You will make -’ specific findings and recommendations on the allegations and circumstances. Statements from all witnesses should be reduced to writing and sworn using DA Form 2823. If you come to suspect any person of committing criminal conduct during the course of your investigation, you ‘aust advise that person of his/her Article 31 or Fifth Amendment rights, as appropriate, Document rights waivers by witnesses on DA Form 3881 9s needed. You will also maintain a vwrritten chronology of your actions regarding this investigation, 4. Prior to beginning your investigation, you will contact CPT [AMA Administrative Law Attomey, Military & Civil Law Division, USAREUR, OIA, at DSN 337-40 CP will serve as your legal advisor throughout the course of your investigation. 5. Submit your findings and recommendations on DA Form 1574 (Report of Proceedings by an Investigating Officer/Board of Officers) to your legal advisor no later than Friday, 25 April 2014, Extension requests should be submitted in writing (email message sufficient) through your legal advisor. Submit your inquiry in the following order: a, DA Form 1574 with findings and recommendations; b, Memorandum of appointment as Enclosure 1;NETC-SEC SUBJECT: Appointment as Investigative Officer e. a e £ An executive summary of the facts as Enclosure 2; ‘Your chronology as Enclosure 3; Index of exhibits as Enclosure 4; and, All exhibits labeled in successive order (A, B, C, etc.). 5. If during the investigation you determine that an officer senior in grade to you has or may have engaged in misconduct or that eny other factors exist that could raise the appearance of a conflict of interest, report this fact immediately to your legal advisor. If you discover evidence of criminal misconduct during the course of your investigation, immediately notify your legal advisor before proceeding further. Colonel, SC CommandingREPORT OF PROCEEDINGS BY INVESTIGATING OFFICERIBOARD OF OFFICERS Forute oft fon, see AR 15-5; tho proponent agency fe OTIAG, TE MORE SPACE Is REQUIRED IN FILLING OUT ANY PORTION OF THIS FORM, ATTACH ADDITIONAL SHEETS ‘SECTION |. APPOINTMENT ‘Appointed by Mitchell L. Kilgo, Colonel, Commander, Sth Signal Command appointing authori) on __25 March 2014 attach intosue 1: Lettorat appointment or summary of ara appointment data) (See para 3-15, AR 158) ‘oie “SECTION I SESSIONS ‘The (vestigation) Poa) commenced at Clay Kassemne, Germany i720 cer Pras) Tne on 25 March 2014 {if formal board met for more than one session, check here |]. Indicate ta an inclosure the time each session began and | ‘onded, th placa Bels0ne present and absent, and explanation of absences, if any.) The flowing persons (members respondents, counsel) were present: (Aer each name, indicate capacity, @.9., President, Recorder, Member, Legal Advisor) ‘The folowing persons (members, respondents, counsel) wars absent: (Inludo bie explanation of each absence) (Soo paras 5-2 and 8-84, AR 15-6.) ‘The (investigating oficer (bosrd) finished getheringihearing evidence at. 1600 CET. on 23 May 2014 Tie ‘Paley ‘and completed fnsings and recommendations at 1530 CET on 27 May 2014 Tine) ‘SECTION Il CHECKLIST FOR PROCEEDINGS “A COMPLETE IN ALL CASES T inciosures (pars 3-15, AR 18-6) ‘Are ne folowing neosed and numbered consecutively with Roman numerals: (Atlached in err listed) The jtior of sppaintment ora surmaryof oral appoirimant dala? ‘ooy of noice 1 respondent, Way?(Sae ite, bafow) ‘Other correspondence wih respondent or counsel any? ‘Aloe writen conmbrications 1 or rom the appointing author? Privacy Act Statoments(Coriicate, statement provided oral)? ‘Explanation by he investigating offer o boerd of any unusual delays, cificles, regularities, or other problems ‘countered (e.g, absence of material witnessos)? 1. Informations t sessions of formal board not included on page of Wis report? ‘a Any other sirificant papers (other than evidence) relating to administrative aspect ofthe lnvenigalion or boa? FOOTNOTES: i] Explain al negative answers on an alachod sheet 2 Use afte WA cotn contests represenatn ial the cicamatnco deserted in th questo ina ccc hisivesigaton DA FORM 1674, MAR 963 EDITION OF NOV 77 1S OBSOLETE, Fame ae Rare Acta aa Racy 0Babe pare 16 ARTOO [YES [NOW NAg] '@. Ave all items offered (whether or not received) or considered a8 evidence individually numbered or lettered as ‘extibts and atached otis report? 3 isan index of ail exits offered to or considered by tavecigatng offee or board alachad before the fs exhib? ©: Has te testimonylatatement of each witness been recorded verbatim or Boon edged ta wile fom and alached ae an exit? Are copes dssciplons, o depictions (Vsubslated er rel or Gocaronary vGaTCe) popery eueTicaled ahd {he eet of te bina evesone ndated? aE neat COPE, 1 Are descriptions or dlagrems included of locations vaied bythe nveslgating oir or board (para 360 ARTS? ‘Is ach writen stipulation altached as an exhibit and is e85h oral stipulation ene reduced o wing and made an exhibitor recorded in a verbatim rcard? {, Wofcial noice of any matter was taken Over the objecion ofa respondent or counsel ls a statement he aller of which official notce was taken attached as an exhibit (para 3-160, AR 15-6)? OOO Re «4 OD &| Xe eeoogo Was a quorum present when ihe board voted on findings and recommendations (paras 47 andS2b, AR 1&8)? ‘COMPLETE ONLY FOR FORMAL BOARD PROCEEDINGS (Chapter, AR 15-6) ‘Ate inal session, di the recorder reed, or determine tat ail parespants had read, ie eller of appoitinent. (para 6.38, AR IEB)P ‘Was a quorum present at every session of te board (pare 5-2b, AR 15-5)? Was each absence of any member propery excused (para 52a, AR 156)? Were members, witnesses, reporter, and interpreter sworn, Wrequked (para 3, AR T6@)? any members wha voted on findings or recommendations were not present when the beard receved some evidence, does the inclosure describe how tey familiarized themseives with thal evdence (para &-2d, A 15-6)? ‘COMPLETE ONLY IF RESPONDENT WAS DESIGNATED (Section i Chapler 6, AR 15-6) ‘Notice to respondents (para 5, AR 15-6] 3: Ts the method end date of delivery fo the respondent indicated on eaoh lair of notification? oqocg oO 3, Was the date f delivery at lest five working days porto he Wt session of he board? Oo ‘e. Does each letter of notification indicale — ty (G)__the date, hour and place of he fet session of he board concerning Thal respondent? or (@)__ the mater o’be invesignad, including specic allegations gains the respondant. any? o (3) _ the respondent rights with gard io counsel? Ce (@) the name and address of each witness expected to be caled by te recorder? (8) the respondent's rights tobe present, present evidence, and call witnesses? {&_Wins the respondent provided a copy ofall unlasafed documents inthe case fie? 9, Wthere were relevant classified materials, wer the responden! and his counsel glen acseas and an opportunity Io examine them? 7 Hany respondent was designated after the proceedings began (or afhortisa was absent during part ofthe proceedings): 3. Was he propery noted (oara 55 AR 15.6)? '._Was record of proceedings and evidence received in his absence made availabe for examination by mand Na counsel bund ae a Counsel (para 55, AR 15<) {3 Wias each respondent epreseried by counsel? Name and business address of counsel {ifcounsel isa lawyer, check hore [J7 'b_Wias respondent's coursel presenta al oper sessions ofthe Board reating fo hal respondent? © Hilary counsel was requested but nol made avalablo, is @ copy (or lforl.@ summary) ofthe request ane the ‘clon taken on included in the repent (pera $6, AR 15-6)? 2 the respondent challenged fe legal avior or ary volng member Tor lack of impartially (para 57, AR 156) ‘2 Was the challenge propery denied and bythe appropriate offs? '5Did each member successtily challenged cease to participate inthe proceedings? @ Was te respondent given an opporunityt0_(para 5-8, AR 15.) ‘3, Be prosent wit his counsel at all open sessions af the board which deal wit any mall which concerns Wal respondent? 'b. Examine and obee o the introduction of real and documentary evisence, including writen staemeris? ‘_Otject to the lestony of witnesses and cross-examine wilnesses other than his own?” <. Call winesses and etherwise intaduce evidence? 2. Testy as wines? Wake or have his counsel make a final statement or argument (para 59 AR 186)? % I requested, oid the recorder assist he respondent in obtaining evidence in possession of he Government and in arranging fr the presence of witnesses ara 5-00, AR 15-6)? oOyoja 7% ‘Are a ofthe respondents requests and objections which were devied indlealed inthe report of proceedings en an inclosure or exhibit toIt_(oara 5.17, AR 16-6)? ojo oa FOOTNOTES: 1 Explan a negative answers on ar aRaahed sheet 21 Yao of ne WA column consttes a posivereprasniaton thatthe cumstances described nthe question cl not occu in this vestigation Paige 2074 pages, OA Form 1574, Mar 7068SECTION IV-FINDINGS (pare 3-70, AR TS) [7he (investigating officer) (board) , having carefully considered the evidence, finds: ‘SEE ATTACHED FINDINGS (Pages 1-6) ‘SECTION - RECOMMENDATIONS (bara 3.17, AR 15.) In view ofthe above findings, the(investigating officer) @oard) recommends: SEE ATTACHED RECOMMENDATIONS (Page 7) Faga So pages DA Foti OPA Mar THRE ror)= ‘SECTION VI- AUTHENTICATION [pare 377, AR 755) ~ [THIS REPORT OF PROCEEDINGS IS COMPLETE AND ACCURATE. (Ifany voting momber or the recorder fis fo sign hare or Section Vil Jbolow, inaicate the reason inthe space where his signature should appear.) Ree 77 (investigating Ofer (Presiden) ‘Wember - TWerbary ~ 2 (ware - ere ‘SECTION Vil- MINORITY REPORT pura 315, AR 156) To the extent indicated in Inclosure the undersigned do(es) not concur in the findings and recommendations ofthe boars (in the inclosur, identity by number each finding and/or recommendation in vitich the dissenting member(s) do(es) not concur. State the reasons for cisagreement. Additiona/substitute findings andlor recommendations may be included in the inlosure) ware Wanber SECTION VA |The findings and recommendations of the, ‘ACTION BY APPOINTING AUTHORITY para 23, AR 756) Page 4074 pages, DA Form 1674, Mar 108s Simmy L Hall, 3 WORT eoe, Se CommandingDA Form 1574, Section IV, Findings. 1. This investigation concems the facts and circumstanc ing allegations of misconduct by Mr. {RMR the 5" signal Commer all The findings of this informal investigation are broken down into two categories: general findings and ‘specific findings. | will first address the general findings and then close the report with the specific findings. The specific findings will address the same two issues as outlined in the appointment letter received on 25 March 2014. The specific allegations are shown below: a. Allegation #1: Did Mr. [IR 2s the ARBRE make unwelcome remarks of a sexual nature to a subordinate employee in violation of AR 600-20 (Army command Policy), Chapter 7 (Prevention of Sexual Harassment), Paragraph 7-3 (Policy)? b. Allegation #2: Did Mr. (RIIRIIEIIE as the (RINNE fail to treat subordinates with dignity, respect, faimess, and consistency in violation of AR 600-100 (Army Leadership), Chapter 2 (Responsibilities), Paragraph 2-1k.? 2. During the course of this investigation 26 interviews were conducted. The 26 interviews included four (4) follow-up interviews, two with Ms. Elena Yingst and one each with M a: Mr. (RGIS One of the interviews with Ms. Elena Yingst was required to be completed via e-mail with one of the follow-up interviews via telephone due to her being on temporary duty in the United States. All other interviews were done face-to-face. Of the 22 personnel from the 5" Signal Command interviewed: 13 or 59% were male; nine (9) or 41% were female; five (5) or 23% were military personnel; and 17 or 77% were Civilian employees. 3. IAW paragraph 2.a. of the AR 15-6 Appointment Orders located in Tab |, the Investigating Officer is to apply AR 600-20 (Army command Policy), Chapter 7 (Prevention of Sexual Harassment), Paragraph 7-3 (Policy) to determine if Mr. aaa violated policy by making unwelcome remarks of a sexual nature to a subordin employee. Based on the “Applicability” paragraph on page 1, AR 600-20 does not apply to Civilian employees and states that AR 690-600 (Civilian Personnel Equal Employment Opportunity Discrimination Complaints) ‘contains similar terms that are applicable to Department of Defense civilians’. (see exhibit 4) AR 690-600, page 152 provides the definition of sexual harassment as: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: c. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. (see exhibit 5) Also, page 15 of AR 690-600, paragraph 3-11.b. identifies the applicability of Section 1561, 10 US Code for cases of sexual harassment. For the purpose of the investigation, Section 1561, 10 US Code, paragraph (e)(1)(B) will be followed and states: “Conduct(constituting a form of sex discrimination) that ~ (B) is so severe or pervasive that a reasonable person would perceive, the work environment as hostile or offensive’, (see exhibit 6) 4, GENERAL FINDINGS: a. Out of 19 G-3 Military and Civilian personnel interviewed: (1) 13 or 68% stated there was a high level of stress due to the increase in mission and the decrease and/or freeze in force size and budget. (2) Seven (7) or 39% believed the working climate in the G3 is hostile and/or toxic. b. O/A 3 DEC 2013, an Inspector General (IG) Sensing Session was conducted for the 5" Signal Command's GS13 level personnel and above and was attended by Mr. BO and Ms. (see exhibits A, K, L, and R) During the IG Sensing Session, Ms. commented on oF he questions asked by the facilitator and before she could explain her answer, Mi “called out” and et front of the audience. The same type of occt ¢ happened to Mr. (aaa which, those interviewed stated, no one else came forward with information. (see exhibits A, L, and R) Based on the interviews, having the primary ‘Staff deputies at the |G Sensing Session defeated the intent in allowing subordinates to express their concerns freely. c. Itwas observed during the investigation there is some confusion at both the employee and supervisory level of the role of the unit SHARP representative in handling incidents of sexual harassment between civilian employees. According to statements from Ms. Elena Yingst, when confronted with possible incident of sexual harassment occurring in FEB 14, she went to her supervisor, Mr. NEEM) who recommended > Signal Command SHARP representative. (see exhibits T and S) Ms. Geil 5" Signal Command SHARP Program Specialist, confirmed Ms. Yingst's visit to discuss several incidents in which Mi PAGNEIGs': harassed Ms. Yingst. Ms. Iso confirmed there is confusion on the role of the SHARP representative !ards to civilian employee on civilian employee incidents of sexual harassment. Ms. f@llwent on to explain in her statement SHARP representatives can only investigate intifénts of sexual harassment involving military personnel, civilian on military, or military on civilian. The Equal Employment Opportunity has the responsibility of investigating incidents of civilian employee on civilian employee. (see exhibit V)5. SPECIFIC FINDINGS: a. Allegation #1: Did Mr. [RRR as the FAIRER make unwelcome remarks of a sexual nature to a subordinate employee in violation of AR 600-20 (Army command Policy), Chapter 7 (Prevention of Sexual Harassment), Paragraph 7-3 (Policy)? Findings: Substantiated Based on the definitions outlined above in paragraph 3, there is sufficient evidence that (1) Mr. did make unwelcome remarks of a sexual nature to Ms. Elena Yingst; (2) the pattern of behavior of Mr. towards Ms. Yingst created “an intimidating, hostile, or offensive work environt ‘and (3) 1 =r was so severe or pervasive that Ms. Yingst, “a reasonable person’, perceive, the work environment as hostile or offensive. incidents where she claimed Mr! made unwelcome remarks of a sexual nature between MAY/JUL 2009 and FEB 2014 (see exhibits R, S, and X) Four incidents occurred without any witnesses and one occurred with a witness. Although there were four incidents that occurred without any witnesses, five of the personnel interviewed by the Investigating Officer, admitted to Ms. Yingst telling them of the incidents after they xhibits F, |, P, T, and U) Ms. Yingst also reported the incidents to Ms. "Signal Command SHARP rept 12 and Ms the current 5" Signal Command (see exhibits V and W) Finally, Ms. Yingst reported two of the incidents to the chain of command. The first resulted in the RIE onscting Mr: Jand the second resulted in the initiation of the current investigation. (See exhibit U) A brief synopsis of the incidents is as follows: According to statements i: by Ms. Yingst, there were five separate (1) Between MAY and JUL 2009 at Funari Barracks located in Mannheim, Germany, Ms. Yingst, as the Lead COR for the OPMAS-E contract, had to brief Jweekly, On one occasion while Ms. Yingst briefed Mr. at 0700, Mr. something to the effect of “I have a body part that is g} ig”. After, made a comment not understanding what Mr, was referring to, Mr. aa: back in his chair and Ms. Yingst realized Mr. aking reference to h an erection. (see exhibits R and X) Accord! Ms. Yingst, she was “embarrassed and felt shame" and told Mr. I no longer would do early briefings, that | was not comfortable or safe". jough there were no witnesses, according to the statement provided by Ms. Ms. Yingst had told her of the incident four years ago after the incident originally occurred. (see exhibit F). During Mr. interview, when asked about the incident he stated: “| have no recollection of sut tatement to. anyone”. (see exhibit Z) (2) On or around JUN 2011, shortly after the headquarters moved to Wiesbaden Amy Airfield, during a unit cookout / organizational function , Mr. ame up to Ms.Yingst and pointed towards a coke bottle (old fashion type) and asked Ms Yingst something to the effect of "if | (Ms. Yingst) could take that”. According to Ms. Yingst, she thought Mr. ssking her to pick-up the bottle off the ground. But, Ms. Yingst stated th. caveats his statement with by saying something to the effect: ‘my cock is short arid thick like that bottle, could you take it?” According to Ms Yingst, there were no witnesses to this event but, according to the statement provided by Ms, MIMIMESIIG) iis. Yingst had told her of the incident. (see exhibits F, R and X) Also, Ms, Yingst notified, then, MSG AMIRI the unit SHARP Representative. that Mr, imal sexually harassed her on several occasions. When now Ms. was askéd ring the interview, if based off "your experience as the SHARP repr fe, do you believe Ms. Yingst allegations against Mr. re credible?” Ms. 3? “yes’. (see exhibit W) Ms, [went on to'state: “in my experience it takes a lot for a victim to come forward. By doing so now it indicates to me how serious this is to Ms. Yingst and the impact it has had on her’. (see exhibit W) During Mr. interview, when asked about the incident he stated: “I have no recollection’ ever happening’, (see exhibit Z) In 2012 or 2013, an incident occurred which was witnessed by i During a conversation in vicinity of Me MMR ce, vs, a la comment using the word DOIM (Director of Inforr ll versus NEC. When Ms. Yingst said DOIM in the form of a question, Mr. Jreplied to Ms. Yingst something to the effect of ‘Do who. Do me, Do you?”. (see ibit A and R) Although, according to exhibit A, Ms.| jwas not offended by the comment, Ms. Yingst stated in her interview, Mr. lid not show respect ‘to her nor |’, (see exhibit R) During Mr. interview; Whién asked about the incident he stated: “| have no recollection iy of this ever happening”. (see exhibit Z) (4) O/A April 2013, the week after Easter, when Ms. Yingst walked up to the G3 and section, Mr. as Ms. Yingst and stated he had something for her, Mr. Jwent back to his Office and retrieved a green colored egg and stated to M: st, “Here, you need to get laid, | mean look what the chicken laid...” and a walked off laughing. (see exhibit R) Thete were no witnesses but Ms. Yingst later reported the incident to Mr. supervisor thelfll (see exhibits S and U) According to during Mr. ounseling for hi¥/annual close-out evaluation, she told Mr. there had beely Sdme complaints by female employees of inappropriate remarks yy him. According to uaa Mr. jooked surprised but concurred with the counselin; it U) During’ interview, he confirmed being verbally counselled oy al? regards to cormplaints by female employees of inappropriate remarks made by him during his evaluation counselling and concurring with the annual. a3 ation report. Also, when questioned about the incident during the interview, Mr. |stated: “I have no recollection of any of this happening’. (see exhibit Z) (5) In FEB 2014, Ms. Yingst had been working on a project requiring her to stay late in order to coordinate with organizations in CONUS. Although previoush authorized, Ms. Yingst’s overtime request kept being disapproved by Mr. When 4Ingst went to 1 find out how she could get her overtime authorized, Mr. ‘motioned to his sofa and said (something to the effect of) lay down’. (see exhibit Although no one witnessed the incident, Ms. Yingst notified the unit SHARP Representative, Ms, Jwho recommended she report the incident to EEO Office or the chain of command. (see exhibit V) Ms. Yingst also informed several other personnel to include her supervisor, Mr. who recommended she report the incident to the unit SHARP Representative. (see exhibits |, P, S, and T) Ms. Yingst notified she had already talked to the SHARP representative so he reported the incident t (see exhibits T and U) jotified the 5” Signal Command's Deputy Commander and, upon return, the Commander. (see exhibit U) During Mr. interview, when asked about the incident he stated; "I have no recollection of ing like this”. (see exhibit Z) ‘According to the interview with Mr. MIRE vis. Yingst's supervisor, Ms. Yingst was reluctant to file any reports before now due to not wanting to expose her, then, school aged children and not wanting for her husband to become aware of the details of her allegations against Mr. (see exhibit T) Also, according to Ms. Yingst's statements, she did not file cial report at the EEO Office about the earlier incidents because (1) Ms. Yingst believed Mr. el a lot of power and authority; (2) “Speaking out against him definitely would haVé caused more negativity than | was already experiencing”, and (3) based on previous observations of the treatment received by other personnel who filed complaints, Ms. Yingst did not believe the sexual harassment program worked, (see exhibits R and S) After the incidents listed above in paragraphs 5.a.(2) and 5.a.(5), Ms. Yingst obit the unit's SHARP representatives, ee ut, as stated above, was reluctant to file an official report with the EEO Office. (see exhibits R, S, V, and W) Finally, Ms. Yingst reported fed above in paragraphs 5.a.(4) and 5.a.(5) to the chain of command, Mr. land AN ces uing in the current AR 15-6 investigation. (see exhibits R, S, T, and U) Inthe interview conducted with Mr. Son 22 AY 2014, Mt stated: “No, | have no idea” when ask if he was “aware of any reason why an employee or employees would fabricate the above alle (see exhibit Z) vr al goon to state later in the interview: "Mrs. Yingst & [are personal friends! Ii’that way both seem to be working together and pushing each others agenda’. (see exhibit Z) But, according to Ms. uu: ‘APR 2014 interview, she has only worked for the G-3 for four years and the incidents between Mr. Jend Ms. Yinast listed above in paras 5.a(1) and 5.a.(2) occurred prior to or just after Ms. yegan working in the G-3, Also, in M interview, when asked if she was "aware of any incidents in which Mr. made unwelcome remarks of a sexual nature to another employee or you?", she stated: “None that | would consider offensive but there was a possible incident involving Ms. Elena Yingst’, referring to the incident outlined in para 5.a.(3) above. (see exhibit A) Finally, based on Ms. Yingst's last two Civilian Evaluation Reports shown in exhibit 2, where Ms. Yingst received the highest rating from both her Rater and Senior Rater, she has no grounds for seeking retribution against the G-3 for poor performance ratings. Also, RUE sicternent found in exhibit U that ‘it is atrue statement that Mrs. Yingst is a marginal PM compared to her peers" is not reflective of the evaluation reports. (see exhibits U and 2) Based on the above information derived from interviews conducted with 22 different military and civilian personnel from both inside and outside of the 5" Signal Command's G-3 section to include with past and present SHARP Rep tives, there is sufficient evidence to demonstrate the allegations against Mr. re credible. b. Allegation #2: Did Mr. [INGE as the [IRIE tail to treat subordinates with dignity, respect, faimess, and consistency in violation of AR 600-100 (Army Leadership), Chapter 2 (Responsibilities), Paragraph 2-1k.? Findings: Substantiated. Based on the findings listed in paragraph 5.a. above, Mr. MlIlllfailed to treat Ms. Yingst, his subordinate, with dignity and respect in violation of AR 600-100 (Army Leadership), Chapter 2 (Responsibilities), Paragraph 2-1k. Also, based on multiple statements, Mr. failed to treat Ms. a dignity and respect on multiple occasions to include the IG 9 ssion as listed above in paragraph 4.b. (General Findings), and the 3 APR 14 Change Advisory Board (CAB) in violation of AR 600-100 (Army Leadership), Chapter 2 (Responsibilities), Paragraph 2-1k. (see exhibits A, Q, L, and R) But, on 4 APR 14, once Ms. omplained to Mi her direct supervisor, that the comments made by at the CAB meetin ‘unwarranted, unprofessional to her and ting based on the complaint was held between Ms, derogatory”, = al Mr, During the meeting, Ms. {IIIEHiscussec ral of the Incidents where sf felt she was not treated with dignity and respect. According to Ms. aa and ie stents, ve apologize, and stated he would direct aif communication through her supe! ind it would not happen again. (see exhibits J, Q. and Z) mpletion of the meeting between a Ms. nd Mr. I aa jorted the incident and the results meeting to the| (see exhibit Hy Currently, no further incidents of Ir. disrespect towards Ms, by Mr. have been reported to the Investigating Officer since the 4 APR 14 meeting.DA Form 1574, Section V, Recommendations With respect to the aforementioned issues, the following recommendations are made: 1. Para 4.a.: Schedule a command climate survey to determine: (1) how the stress. ‘caused by the reduction in resources and the increased workload is impacting the unit; and (2) validate if the work climate within the different staff sections is hostile and/or toxic. 2. Para 4.b.: Schedule and hold separate sensing sessions for supervisors and employees. By holding separate sensing sessions: (1) employees will feel more comfortable discussing the units working climate or discuss workplace issues without having to worry about retribution; and (2) supervisors can discuss policy and/or management or higher level issues, (Para 3. Para 4.c.: Have the SHARP and EEO Representatives conduct training and/or have the EEO Representative conduct Civilian only employee and supervisory training in order to educate the Soldiers and Civilian employees and leaders on the correct processes and channels to report sexual misconduct. 4. Para 5.a. and 5.b.: The command takes disciplinary measures against Mi r violating: (1) provisions outlined in both AR 690-600, page 152 and paragraph (6) (1 (B), Section 1561, 10 US Code; and (2) AR 600-100, Chapter 2, paragraph 2-1kConsolidated List of Privacy Act Statements Description Privacy Ae Staton os Privacy Act Statement of Mr. Privacy Act Statement of Mr. aa Privacy Act Statement of MSG (AMAA Privacy Act Statement of MAJ Ai Privacy Act Statement of Ms. A Privacy Act Statement of Sc i Privacy Act Statement of Ms. [ii Privacy Act Statement of Ms. A Privacy Act Statement of Mr. AAG Privacy Act Statement of LTC [i Privacy Act Statement of Mr. ai Privacy Act Statement of Mr. Aa Privacy Act Statement of Mr. aii Privacy Act Statement of Mr AAAI Privacy Act Statement of Ms, [AA Privacy Act Statement of Ms. Elena Yingst Privacy Act Statement of Mr. [Aa Privacy Act Statement o Pa Privacy Act Statement of Ms. Privacy Ac statment of te Privacy Act Statement of Mi