Frequently Asked Questions Regarding Navy Command Managed Equal Opportunity Investigations

What is a CMEO?

A CMEO (Command Managed Equal Opportunity) investigation in the Navy refers to an inquiry initiated to address complaints related to discrimination, harassment, or unfair treatment based on race, color, religion, sex, national origin, or sexual orientation. It can also address incidents of bullying, hazing, and other behaviors that go against Navy Equal Opportunity (EO) policies.

The goal of a CMEO investigation is to ensure a fair, impartial, and thorough review of allegations and to maintain a healthy command climate. These investigations are typically conducted by personnel assigned to the CMEO program, often at the command level, and the findings are reported to the commanding officer. Corrective actions may be implemented based on the investigation’s outcome to address and resolve the issues.

What order governs the CMEO process?

The CMEO (Command Managed Equal Opportunity) process in the Navy is governed by OPNAVINST 5354.1H. This is the instruction from the Office of the Chief of Naval Operations that outlines the policies, procedures, and responsibilities for Equal Opportunity (EO) within the Navy.

OPNAVINST 5354.1H details the standards for handling complaints of discrimination and harassment, the CMEO program’s implementation, and the procedures for conducting investigations to ensure compliance with Navy EO policies.

What are common allegations under OPNAVINST 5354.1H?

Common allegations under OPNAVINST 5354.1H, which governs the Navy’s Command Managed Equal Opportunity (CMEO) program, typically involve issues related to equal opportunity violations, discrimination, and harassment. The most common allegations include:

1. Discrimination: Based on race, color, religion, sex (including pregnancy), sexual orientation, gender identity, national origin, or any other protected characteristic.
2. Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that creates a hostile work environment.
3. Hostile Work Environment: Situations where inappropriate conduct is pervasive enough to interfere with a service member’s ability to perform their duties effectively.
4. Retaliation: Actions taken against a person for filing a complaint or participating in the CMEO process.
5. Bullying and Hazing: Abusive conduct that degrades, humiliates, or injures another service member, either physically or psychologically.
6. Disparaging Remarks: Language or behavior that reflects negatively on someone due to their protected status.

These complaints are typically investigated at the command level under CMEO procedures to ensure they are addressed promptly and fairly.

What is the standard of proof necessary to substantiate a complaint under OPNAVINST 5354.1H?

Under OPNAVINST 5354.1H, the standard of proof required to substantiate a complaint related to discrimination, harassment, or other allegations under the Command Managed Equal Opportunity (CMEO) program is the “preponderance of the evidence” standard.

This means that the evidence must show that it is more likely than not (i.e., greater than 50% likelihood) that the alleged misconduct occurred. In other words, the investigating officer must determine that the evidence suggests that the allegations are more probable to be true than false for the complaint to be substantiated.

What are the appeal options for Sailors under OPNAVINST 5354.1H?

Under OPNAVINST 5354.1H, if a service member disagrees with the outcome of a CMEO (Command Managed Equal Opportunity) investigation, they have several appeal options:

1. Initial Appeal: The first appeal option, submitted within 30 days by the appellant, is to route an appeal package, with enclosures, to the commanding officer at least two organizational levels above the level at which the appellant is assigned.  The appellate authority has 60 calendar days of receipt to decide on the appeal.
2. Further Appeal: If the service member is dissatisfied with first appellate decision, the Secretary of the Navy, or his or her designee, will be the next review authority.  The final appeal to SECNAV must be requested within 30 days.

What must an appeal be based on?

An appeal of a substantiated CMEO complaint may be submitted on any legal or equitable grounds based upon a perception that:

• existing DoD or DoN regulations were incorrectly applied in the particular case;
• that facts were ignored or weighed incorrectly; or
• on any other good faith basis.

When should a Sailor hire an attorney to help with a CMEO investigation?

A sailor might consider hiring an attorney to assist with a CMEO investigation under several circumstances:

1. Complexity of the Case: If the allegations are complex or involve significant legal or procedural issues, an attorney can help navigate the intricacies of the investigation and ensure that the sailor’s rights are protected.
2. Potential for Serious Consequences: If the outcome of the investigation could have serious repercussions for the sailor’s career, such as disciplinary action or adverse administrative decisions, legal representation can provide crucial guidance.
3. Retaliation Concerns: If the sailor fears retaliation or adverse actions as a result of participating in the investigation, an attorney can offer protection and ensure that proper procedures are followed.
4. Involvement in Multiple Complaints: If the sailor is involved in multiple complaints or has multiple parties involved in the investigation, an attorney can help manage the complexities and coordinate the defense strategy.
5. Need for Expert Guidance: If the sailor is unfamiliar with the CMEO process or feels overwhelmed by the procedural aspects, an attorney can provide expert advice and support throughout the investigation.
6. Disagreement with the Findings: If the sailor disagrees with the findings or outcome of the investigation and is considering an appeal or further action, an attorney can help prepare and present the case effectively.
7. Legal Rights and Protections: An attorney can help ensure that the sailor’s legal rights are upheld throughout the investigation process and advise on any potential violations of those rights.

Hiring an attorney can provide valuable support and ensure that the sailor’s case is handled properly, especially in situations where legal implications are significant.

The attorneys at the Military Law Center have over 40 years of combined military justice experience.  If you or a family member has been investigated for a CMEO complaint, contact our office today at 760-536-9038 for a free case consultation to create a plan of attack.