Command-Directed Investigations (CDIs) and Sexual Harassment: What You Should Know
Gonzalez & Waddington, Attorneys at Law defend service members facing Command-Directed Investigations (CDIs) and sexual harassment allegations. CDIs are one of the most common tools commanders use to investigate misconduct short of launching a full-blown law enforcement inquiry. While administrative in nature, CDI findings can lead to Letters of Reprimand, adverse evaluations, separation boards, or even UCMJ charges. This guide explains what CDIs are, how they work, and what you should do if you’re under investigation.
What Is a Command-Directed Investigation?
- Definition: An internal inquiry ordered by a commander to gather facts about alleged misconduct, such as sexual harassment, fraternization, or inappropriate comments.
- Authority: Commanders may appoint investigating officers (IOs) who conduct interviews, review evidence, and provide findings/recommendations.
- Scope: Typically limited to administrative fact-finding; however, evidence can be referred to law enforcement or JAG for potential UCMJ action.
- Outcome: The commander—not the IO—decides final action (reprimand, NJP, separation, or no action).
CDIs and Sexual Harassment Allegations
- Common triggers: Inappropriate jokes, comments, DMs, or complaints of unwelcome conduct.
- Overlap with EO: Harassment allegations may also trigger an EO complaint in parallel.
- Evidence considered: Statements from the complainant and witnesses, emails/texts, and unit climate surveys.
- Standards applied: Findings are based on a preponderance of the evidence—much lower than criminal “beyond a reasonable doubt.”
The CDI Process Step by Step
- Appointment: Commander assigns an investigating officer (IO).
- Interviews: IO interviews the complainant, accused, and witnesses.
- Evidence collection: Review of texts, DMs, emails, or workplace messages.
- Report: IO submits findings and recommendations to the commander.
- Command decision: Commander decides whether to take no action, issue counseling, impose NJP, or initiate separation.
Why CDIs Are Risky for the Accused
- No due process rights: You don’t get the same rights as in a court-martial (no cross-examination, discovery, or evidentiary rules).
- Statements can be used later: Anything you say can be handed to JAG or investigators if the case escalates.
- Bias: IOs are often inexperienced or influenced by command climate pressures.
- Career impact: Even “substantiated” administrative findings can appear in OMPF, derailing promotions or leading to separation boards.
Defense Strategies During a CDI
- Get counsel immediately: Don’t give statements without first consulting a civilian defense lawyer.
- Preserve digital evidence: Save texts, chats, and emails in their native format with metadata.
- Witness statements: Identify peers who can confirm context, mutual joking, or lack of harassment.
- Challenge findings: If the IO report is biased, incomplete, or ignores exculpatory evidence, submit a formal rebuttal.
- Preempt escalation: Aggressively counter allegations before they morph into Article 15s or court-martials.
Mistakes to Avoid if You’re the Subject of a CDI
- Assuming “it’s just administrative” and not hiring counsel.
- Talking freely to the IO without legal advice—your words can be twisted or taken out of context.
- Deleting texts, DMs, or emails—looks like obstruction.
- Contacting the complainant directly—seen as intimidation or retaliation.
- Failing to submit a rebuttal to the final report—leaving damaging findings unchallenged.
Video: Command-Directed Investigations & Harassment Allegations
Fight Back Early—CDI Results Can End Careers
A CDI may look minor, but “substantiated” findings can derail a career. Our team prepares comprehensive rebuttals, challenges biased IO findings, and protects service members from escalation into UCMJ charges. Don’t wait until it’s too late.
Gonzalez & Waddington — ucmjdefense.com — 1-800-921-8607
FAQs: Command-Directed Investigations (CDIs)
Is a CDI the same as an EO complaint?
No. An EO complaint is handled through EO channels. A CDI is a commander’s fact-finding tool, but the same incident may trigger both.
Do I have the right to remain silent in a CDI?
Yes. You cannot be forced to incriminate yourself, and your statements can later be used in UCMJ proceedings.
Can a CDI lead to a court-martial?
Yes. If evidence suggests criminal misconduct, it can be referred to law enforcement or JAG for prosecution.
Do I get to see the CDI report?
Usually yes, but you may only see the final findings. Always request a copy and submit a rebuttal.
Can I appeal CDI findings?
You can submit rebuttals and appeals through administrative channels, especially if findings are unfair or unsupported.
