Gonzalez & Waddington, Attorneys at Law represent service members worldwide facing allegations of inappropriate comments, gestures, or conduct in the workplace. In the military, even a single off-color remark or joke can trigger an EO complaint, command investigation, Article 15/NJP, or administrative separation. This guide explains the process, potential outcomes, and how to protect your rights if you’re accused.

The First Step: Receiving the Allegation

• EO Complaint: A fellow service member files a complaint with the Equal Opportunity office, leading to an administrative inquiry.
• Command-Directed Investigation (CDI): Your commander orders an investigation into workplace conduct.
• OSI/CID/NCIS/CGIS Referral: If conduct is alleged to cross into UCMJ offenses, law enforcement agents may investigate.
• No-contact orders: Command may issue restrictions separating you from the complainant during the investigation.

The Investigation Process

1. Notice: You are informed you are the subject of an EO complaint or CDI.
2. Interviews: Witnesses and the accuser are interviewed. You may be asked for a statement—don’t speak without counsel.
3. Evidence collection: Investigators review emails, texts, group chat logs, and workplace messages.
4. Report: The investigating officer or EO rep submits findings to the command.
5. Command action: Outcomes can range from counseling to reprimands, NJP, or referral to a court-martial.

Possible Consequences

• Counseling/Training: Often imposed for less severe findings.
• Letter of Reprimand (LOR/GOMOR): Filed locally or permanently; can derail promotions.
• Article 15/NJP: Reduction in rank, forfeitures, restrictions, or extra duty.
• Administrative Separation Board: May be initiated for repeated or “serious” inappropriate conduct.
• Court-Martial: Rare, but possible if conduct crosses into Article 92, 93, 117, 134, or 120c UCMJ territory.

Defense Strategies

• Context: Show the environment (unit banter, joking culture, no intent to harass).
• Boundary compliance: Prove you stopped immediately when told conduct was unwelcome.
• Bias/motive: Demonstrate that the complaint was retaliatory, exaggerated, or motivated by personal disputes.
• Digital forensics: Demand full message threads, not cherry-picked screenshots.
• Witness testimony: Colleagues can confirm whether comments were misinterpreted or mutual.
• Performance history: Use awards, evaluations, and letters to show good character and professionalism.

Mistakes to Avoid

• Talking to investigators or EO without a lawyer present.
• Apologizing in writing—admissions can be used as evidence.
• Deleting texts or emails, which can be seen as destroying evidence.
• Contacting the accuser, which can be considered retaliation or intimidation.
• Assuming “it’s just EO”—administrative actions can still end your career.

Defense Framework for Workplace Misconduct Allegations

1. Identify context: Was this mutual joking, or an isolated statement?
2. Show boundaries: Did conduct stop once a boundary was set?
3. Present bias/motive: Does the accuser have a reason to exaggerate?
4. Provide digital completeness: Produce full chat logs with context.
5. Highlight professionalism: Use evaluations and awards to show integrity.

Video: What to Expect if Accused of Inappropriate Conduct

Protect Your Career From False or Exaggerated Allegations

Even minor “inappropriate comments” can derail a military career if not handled correctly. Our firm uses digital forensics, witness evidence, and trial-tested strategies to protect our clients from unfair punishment and separation.

Gonzalez & Waddington — ucmjdefense.com — 1-800-921-8607

FAQs: Accused of Inappropriate Comments or Conduct