Appendix J – Examples of Best Practice from International Contexts

Introduction and Methodology

As indicated in the body of the Report, the Review examined a range of international defence academies identified as bearing the greatest similarity to ADFA in terms of size, structure, or the wider contexts within which they functioned.[505]

The Review conducted a broad ranging scan of Government and Defence Force inquiries, reports and evaluations; as well as an extensive catalogue of articles from peer reviewed journals and other literature. In addition, the Review submitted questions to the nominated institutions and received detailed responses from each.[506]

Clearly the treatment of women in defence academies is a broad subject and the confines of this Report prevent an exhaustive analysis. Instead, the Review chose to elect examples of best practice that are available to cadets or trainees within the environments that were examined.

Limitations

Before these are listed, however, it is important to note that each operates within a unique historical setting. Consequently, while all defence services are at similar stages along the broad ‘gender integration journey’, as suggested in the Report, the specifics of policies and programs available are influenced by the background against which they have been developed.

As an example, the United States (US) Defence Forces are obviously the subject of significant national focus, given their size and deployment in so many contemporary fields of active combat. In contrast, there is far less national emphasis on defence in the Netherlands and New Zealand, with personnel more likely to be involved in peacekeeping and crisis management operations.[507]

Specific events also influence the focus of policy. Accordingly, a series of sexual assault scandals, including at the US Air Force Academy (USAFA), propelled the development of a comprehensive prevention and response infrastructure in the US;[508] while policy in the United Kingdom tends to have greater emphasis on prevention of bullying, partly in response to what were perceived as bullying-related deaths of several young trainees in the UK in the 1990s.[509] In contrast, the Canadian Forces (CF) give particular attention to ethical leadership, again arguably in response to several very public failures of ethical conduct by actively deployed CF personnel.[510]

A great many programs and initiatives were noted by the Review that are not immediately relevant to the defence academy environment. Certainly, the majority of international work on gender integration seems to have occurred outside these settings, with the arguable exception of the US. What follows, however, are examples of both broad policy and pragmatic initiatives – some very specific to the Academy setting, others service wide processes which cadets are expected to employ – which, if emulated in the Australian environment, may help to contribute to a strong future for ADFA.

Greater Representation of Women

‘Bring Me Men’ (US Air Force Academy)[511]

The number of women graduating from military academies is a particularly valuable driver of wider gender integration. This is because Academy graduates are trained for leadership positions and are therefore more immediately able to influence organisational culture.[512]A critical mass of women in training institutions, therefore, can contribute to inclusive defence services overall. A critical mass is widely regarded as 30% and, while no Academy examined was quite at this point, the Royal Military College (RMC), Kingston, was significantly close, with nearly 28% of the 2010/2011 enrolment female. The US Air Force Academy followed with 22%, and the US Naval Academy 20%, although RMC Kingston is most directly comparable to the Australian context, being tri-Service. Clearly, then, traditional creeds like ‘Bring Me Men’, the recently discarded US Air Force Academy one noted above, are beginning to lose their application.

While female Academy graduates can set an example and shape organisational culture, women in leadership at the Academy can obviously propel similar change. In its scan of international institutions, the Review observed the value of women occupying senior roles, such as the US Naval Academy Commandant 2006-8 and current Brigade Commander; as well as the current RMC Kingston Director of Cadets, a former member of the first group of female cadets to enrol at RMC Kingston in 1980 and a veteran of service in the Balkans and Afghanistan.[513]

Strong statements and examples set by leadership

‘[A] powerful and direct influence on organizational culture comes from within the officer corps, who turn values into action, bring coherence out of confusion, set the example, and articulate the viewpoint of the military institution.’[514]

Whether female or male, ‘buy-in’ from leadership has been observed to be the single biggest contributor to shaping inclusive Defence services.[515]While acknowledging that words must be supported by action, strong statements by Defence leadership can set the tone for a cadet’s service experience, helping a cadet to position equity as a core service value, rather than as an optional extra. There are numerous examples of unequivocal commitments from leadership across the defence services examined, including the nomination of high ranking generals as ‘Gender Champions’ in the Dutch Defence Forces to advocate for the integration of women – an initiative which this Review would describe as best practice.

However, specific to the training context, the Review noted that clear directions from Academy leadership can help lay early and positive foundations in cadet attitudes.

For example, the messages provided to cadets at RMC Kingston make clear that diversity and ethics are valued. The RMC Mission is described as being ‘to produce officers with the ethical, mental, physical and linguistic capabilities required to lead with distinction in the Canadian Forces’. 

RMC Kingston outlines the desired goals and responsibilities for cadets, including a very clear identity as an officer to which cadets are to aspire. In addition to identifying other important leadership qualities and responsibilities, RMC Kingston states that, ‘as representatives of all that is best in Canadian society’, a cadet must aim to be an officer who must:

Conduct yourself with honour, honesty and integrity in all of your activities. Base your decisions on solid moral and ethical values. Allow no discrimination, ill treatment or cruelty, and welcome the strength that diversity brings...[516]

Just as importantly, the example set by immediate supervisors and those closer to cadets in the chain of command can shape the culture of a squadron – sending the message to potential perpetrators that discrimination or harassment will not be tolerated, for example, and to prospective complainants that they will be taken seriously.[517]

Broader policy and directives need to recognise this role, by putting a direct responsibility on leaders to ensure that all in their command understand relevant policy and their link to operational effectiveness.[518] Equally, continuity of staffing arrangements have been described as crucial in order to retain organisational knowledge and experience.[519]

Clear Policies and Effective Training

Unsurprisingly, policies and processes that are easily understood and accessed by cadets are essential to best practice. Each defence service examined had comprehensive policies in relation to equal opportunity, discrimination, bullying, harassment, and sexual assault, albeit with varying emphases. It is not useful, therefore, to replicate all these policies here. However, the Review observed that the presence of the following characteristics were more likely to render a policy or program effective – particularly in terms of application to potentially vulnerable trainees.

Clarity of rights and responsibilities

As observed in the body of the Report, policies such as the Department of National Defence’s (DND) Harassment Prevention and Resolution Guidelines and Harassment Advisor Reference Manual clearly outline not only the process that a complainant ought to follow when considering or lodging a complaint, but also the rights and responsibilities of all involved – from the complainant and respondent; to the Anti-Harassment Advisers and those in positions of command. It also contains templates to guide personnel who may be unsure about how to start.

Similarly, the United Kingdom’s Joint Service Publication 913 – Tri Service Policy on Domestic Abuse and Sexual Violence steps out very clear processes, including the role of commanders, urging command to recognise that each case needs to be treated individually in terms of the involvement of service and civilian agencies.[520]

Meanwhile, the New Zealand Defence Force’s (NZDF) Guide on Mediation and Investigation sets out an eight step process for requesting a mediation or investigation of a discrimination, harassment or bullying complaint, complete with templates for complainant and respondent letters.[521]

Accessibility

Policies must also be easily understood and explained in accessible language which helps cadets frame concepts and contextualise their own experience.

Cadets in the UK, for example, are provided with a range of publications which help make the link between equity and operational effectiveness. The UK booklet Basically Fair – Respect for Others in the British Army explains that:

The Army relies on teamwork to perform difficult and often dangerous tasks. Teamwork is based on trust and respect for others and wearing an Army uniform must guarantee that you are treated fairly and with dignity and respect. The Army sees diversity as a key factor in the maintenance of operational effectiveness.[522]

It also succinctly outlines the responsibility of all to intervene in the face of negative behaviour with the catchphrase ‘See it. Hear it. Stop it’. The by-line of the UK’s Defence Confidential Support Line, meanwhile, is ‘No names. No comebacks’.[523]

Additionally, the UK’s Royal Navy produce a booklet, Equality, Diversity & You – Combating Bullying and Harassment in the Naval Service which is supplied to every member of the Royal Navy, including midshipmen at the Naval Academy, explains equity with typical real life examples of bullying and discrimination.[524]

In the US, meanwhile, the Department of Defence (DOD) Sexual Assault Prevention and Response (SAPR) Office runs concerted awareness campaigns, the 2010 theme of which was ‘Hurts One, Affects All’, designed to emphasise the impact of sexual assault on unit cohesion to all defence personnel. The Department of Defence believes that campaigns such as this have contributed to a drop in reports of sexual assault filed in 2010.[525]

Supportive responses

Another vital aspect of best practice is policies which are backed up by appropriate responses and support. A best practice example of immediate support accessible to all personnel, including trainees, are the 24 hour, seven day per week confidential hotline available to members of the UK, CF and Netherlands armed forces. In the Netherlands these confidential counsellors help with reporting punishable behaviour, or register complaints anonymously for statistical purposes.[526]

Extensions of this external form of support are the partnerships increasingly being forged between defence services and community support agencies, such as the CF National Investigation Service partnerships with civilian policing agencies[527] and list of referrals to community supports provided to UK cadets upon commencement of training.[528]

Meanwhile, the UK, US and Canada all provide a form of sexual assault response team and advocacy for victims which can be accessed by trainees – a point of continuous contact with the victim throughout the complaint and/or recovery process, as well as specialist sexual assault investigators.[529]

In Canada, a significant amount of work has been invested in the response of the military criminal justice system to sexual assault, with the Victims Assistance Program and ‘Victims Choice Package’ provided by the CF National Investigation Service unit being identified as best practice in an Australian study of international responses to sexual assault in the military.[530]

A great deal of work has also been invested in response in the US, through the DOD’s Sexual Assault Response Co-ordinators, available to all personnel. Particular to the US Air Force Academy, Academy Response teams provide a victim with immediate trained assistance and ensure that action is taken by command.[531]

The US environment further distinguishes itself, however, by making different reporting options available to victims of sexual assault. Assessed by the DOD Annual Report on Sexual Assault in the Military, 2010, as a ‘critical addition’ to the SAPR program which has been increasing reports and changing organisational culture, restricted reporting allows victims to report an incident confidentially, accessing medical and counselling support (including forensic examination) without disclosing names or initiating an investigation.[532] Restricted reporting provides command with information about rates of sexual assault and the chance to effect environmental change. Victims can later elect to convert to an Unrestricted Report, at which point the matter is referred for formal investigation, with details of the incident reportable to command and law enforcement.[533]

Flexibility

Flexibility, or choice such as that described in restricted and unrestricted reporting, is another hallmark of best practice policy, giving complainants different options to redress wrongdoing or seek assistance.

While a significant amount of the literature examined by the Review noted that it was essential to ensure ownership by the chain of command, commentators nevertheless observe the value of alternative routes being made available to help complainants resolve disputes or find support.[534]

One route of dispute resolution traditionally considered as ‘alternative’, mediation and other forms of conciliation are increasingly being offered in the defence context, with a growing emphasis on resolving disputes or complaints at the lowest level possible. Built into mainstream policy, these forms of resolution are, in a way, no longer ‘alternative’, with trainees in the Canadian and New Zealand context, in particular, encouraged to use them. In fact, the Canadian Forces Harassment Adviser Reference Manual identifies what it calls a new and greater emphasis on prevention and early resolution, including what is labelled ‘self-help’, being an attempt by the complainant to resolve the matter her or himself as the first port of call for all parties.[535]

Where self-help has been unsuccessful, parties are directed to seek Supervisor Intervention (with the assistance of a Harassment Adviser), followed by mediation. Personal development programs for those in leadership positions include training on conflict management and ADR, although supervisors are not permitted to mediate disputes involving those immediately under their command.[536]

An additional route available to all personnel and described very clearly in the Service Complaints Booklet provided to all UK cadets is to lodge a complaint with the Service Complaints Commissioner. Established following the concerns about the treatment of trainees noted earlier in this paper, the Commissioner can receive complaints from personnel and/or their families about harassment, discrimination, bullying or other forms of unfavourable treatment. It should be noted, however, that the emphasis of the Service Complaints Booklet remains the chain of command. [537]

Training

Ultimately, of course, no policy or process is going to be useful unless cadets and staff alike are aware of it and confident about employing it. From its scan of international materials, it is clear to the Review that comprehensive and, most importantly, effective training is perhaps the most crucial element of successful policy and programs.

All academies examined provided training to cadets on equity and diversity, as well as sexual harassment and assault, to varying extents, as discussed below.[538]

An initial observation to make, however, is that best practice demands that training be recognised as an exercise with flow on effects and, certainly, a number of defence services provide ‘Train the Trainer’ courses in equity and diversity, with the UK Chief of the General Staff’s Directive on Equality and Diversity noting the importance of Officer Cadets being trained so that they are eventually able to deliver equality and diversity training to their own troops.[539]

Another element of best practice training is where defence services are prepared to engage external specialist support, and a number of international defence forces examined purchase specialist training from civilian organisations.[540]

Most importantly, training must be embedded in mainstream curriculum; be ongoing, rather than isolated; and use effective methodology. US Navy programs, in particular, have been evaluated as especially effective in changing attitudes, raising awareness and debunking myths about sexual assault and midshipmen at the US Naval Academy receive Sexual Harassment Assault Prevention Education over four years which occurs in intensive peer group based settings and emphasises the value of bystander intervention.[541] Similarly, the US Air Force Academy (USAFA) has more recently begun to emphasise the role of bystanders intervening when they see circumstances involving potential harassment or assault.[542]

The Report also observes that training is far more likely to be effective when it is conducted in small, interactive groups, rather than large lectures.[543]In fact, some commentators observe that equity and diversity training can, in fact, backfire when not targeted appropriately to the audience, instead producing a ‘rebound effect’ of increasing rape-supportive attitudes.[544]

Certainly, the US Military Academy at West Point has advised the Review that, when their cadet Equity training is conducted in small, facilitated discussions the response is ‘overwhelmingly positive’. When conducted by Power Point slides or in a more formal format, however, the response is ‘neutral to negative’. Training at West Point again focuses on encouraging intervention when something looks ‘wrong’.[545]

Although the Review is not aware of any external evaluations or assessments of recent training at West Point, the Review is informed that West Point’s ‘Respect Program’ has been gaining momentum in the past two years, with a ‘Respect Creed’ (‘A cadet will treat others and themselves with dignity and worth and expect the same from those around them’) giving a contextual base for cadets as they are taught ‘Courageous Communication’ and the ‘appropriate way of relating to their fellow cadets and other members of the community’. This program is led by company level leadership and is embedded over the four year cadet experience.[546]

Meanwhile, the Review was also informed that, during Academic Year 2011/2012, the fourth class cadets, will receive a class titled ‘Digital Decorum’, its major theme being that electronic forms of media (blogs, Facebook, Twitter, etc) are a reflection of one’s current and future leadership capability, maturity and each new digital entry not only represents oneself, but the United States Military Academy and United States Army.[547]

Accountability

In addition to effective training, of course, policies and practices need to be evidence based and regularly assessed to determine whether they are being successful.

In the UK, for example, regular independent assessments have been conducted of training institutions since 2004, initially by the Adult Learning Inspectorate and, since 2007, by the Office for Standards in Education, Children’s Services and Skills (‘Ofsted’). These reports assess the welfare of trainees and recruits and were commissioned by the Ministry of Defence upon recommendation by the Deepcut Review.[548]

Although UK active defence personnel are surveyed regarding sexual assault and harassment[549] the Review was advised that UK training institutions do not administer the Sexual Experience Questionnaire, or equivalent to cadets.[550]

In Canada, a sample of final year cadets was included in a Personal Harassment Survey in 1998. Of the training forces that responded, 28% of women and 16% of men had experienced harassment.[551]

RMC Kingston cadets were surveyed comprehensively more recently, although only partial results were able to be provided to the Review by RMC at this point, for the 2008-09 year. Cadets were surveyed regarding how much of a problem they thought personal harassment, bullying, hazing, abuse of authority, sexual harassment and sexual misconduct to be at the Academy, as well as their knowledge of DND/CF Policy.

Although this method is not directly comparable to the 1998 survey, abuse of authority and personal harassment were perceived as the biggest problem, and only 6% had taken formal action against the person who victimised them. Of those who did not take formal action, 48% said that this was because they thought they could take care of it themselves; 23% believed that nothing would be done; 22% that they would not be taken seriously; and 21.5% thought it would make their situation unpleasant. The majority said that they were aware of the DND/CF Harassment policy although were only ‘slightly’ or ‘moderately’ knowledgeable. More than half could say that they had received SHARP training, but didn’t know whether RMC had a Harassment Adviser or not.

As has been noted above, the US DOD’s Sexual Assault Prevention and Response Office distinguishes itself by conducting congressionally-mandated biennial reviews of academy policies and regulations. Additionally, SAPRO enlists the support of the Defence Manpower and Data Center to conduct either focus groups or a survey (alternating every year) on gender relations at the academies. Initially limited to sexual assault, the survey has expanded to include sexual harassment and wider questions on gender relations. The results are provided to academy leadership for analysis.[552] The US Military Academy Inspector General also inspects the SAPR program.

Practical Approaches to Cultural Change

Cohesion has been used to exclude, rather than include individuals seen as outsiders....’[553]

While clear policy and strong examples from leadership are vital, the majority of the literature and reports examined by the Review shared the view that, without change to the unique sub-culture of defence academies, comprehensive policies would continue to have limited effect.[554] Similarly, commentators note that a superfluity of policy can be counterproductive.[555]

Much of the necessary change would centre on mitigating the hypermasculine culture characteristic of all defence settings yet, as discussed in the Review’s Report, is often exacerbated in the Academy environment.[556]

Equally, measures which moderate the negative effects of a ‘closed ranks’ mentality and adversative training methods are also essential. In other words, change is needed to ‘make the culture serve legitimate ends’[557] and the following are examples of some simple initiatives which attempt to address this aim.

In the UK, the Royal Military Academy at Sandhurst (RMAS) runs several all-female platoons with complete rank structure. While it has been assumed that the success of gender integration lies in combining genders, literature examined by the Review argues the benefits of women existing in a strong and tangible ‘cohort’, rather than in the social isolation that often accompanies their disbursement throughout the ranks in the absence of critical mass.[558] Similarly, RMAS has several female working groups, chaired by a senior female officer, that meet regularly and strengthen peer support while, in the United States, the Naval Academy implements formal mentoring arrangements as well as supporting informal women’s networks.

Further, in contrast to some of the more longstanding conventions in defence academies, no formal cadet hierarchy exists at RMAS for disciplinary purposes, while Seniors at the British Royal Naval College act as ‘Sea Parents’ to the junior trainees, with an emphasis on welfare and duty of care.[559] A ‘buddy checking’ system also operates at USAFA, while at RMC Kingston, a Peer Assistance Group is available, although the Review was advised it is not highly utilised.[560]

In pragmatic terms, the Review was interested to learn that, at USAFA, all cadets change squadrons after freshmen year to redistribute any unhealthy cliques. At West Point, cadets do not have the same roommate for two consecutive semesters and most year groups experience a “scramble” of the entire class; changing their companies of assignment.

Finally, casting the scan more widely, cadet squadrons in US state academies have participated in broader equity and anti-violence initiatives, such as a campus wide White Ribbon Campaign,[561] while UK Army cadets are provided with regular newsletters on Equality and Diversity, including updates on Proud2Serve, the UK defence services’ gay, lesbian, bisexual and transgender support network.[562]

Observations and Conclusion

‘You can call [the warrior culture] BS but until someone comes up with a better way to get terrified 18-year-olds to stand up in front of machine guns...I’m sticking with it’.[563]

Simple initiatives such as those described above – combined with strong and ethical leadership; policies that are clear, accessible, flexible and responsive; effective training and accountability measures – may certainly help build a confident future for ADFA and influence cultural change. As already observed, however, cultural change is often the most difficult frontier to traverse.

In continuing echo of the issues under consideration by this Review, an internal brief provided to this Review, by Dr Alan Okros of the RMC Kingston recommends developing a greater understanding of the cultural factors at play in the cadet corps. The first factor he identifies is the male orientation that can lead to inappropriate behaviours; the second a focus on normative compliance and the signals not to question or speak up; and the third a clear power structure where seniors are authorised to exercise significant influence over subordinates.[564]

Okros notes that these factors are amplified in the RMC setting, where the constrained living environment means that young, inexperienced female cadets face pressures on a 24/7 basis. He then argues that this scenario is further complicated by a fluid approach to regulations, with some rules followed to the letter, while others are acknowledged as ‘falling in the bend or break categories’. Other factors which Okros nominates as being at play include the policy never to ‘blade your buddy’; as well as the military hierarchy that demands that officers balance the role of evaluator/supervisor/disciplinarian with also serving as a mentor/advisor/confidant and means that the chain of command is not always equipped to deal with matters beyond the day to day.

Finally, Okros recommends the most useful approach as being through working to change the informal cadet culture, rather than the imposition of more formal policy. He recommends:

  • ensuring cadets are provided consistent signals that men and women are equal
  • ensure cadets are provided with a consistent message about what they are to become
  • educate senior cadets about their influence over junior cadets and emphasise the need for senior male cadets to avoid fraternisation with junior female cadets
  • cadet wing staff be given formal training relevant to student experiences, including knowledge of relevant CF policies; interviewing and counselling skills; education and awareness training on how to detect and respond to a range of issues from anxiety, risky sexual behaviour, abuse of alcohol, homesickness, eating disorders, stress, etc
  • develop a cadet support system to provide information and support around those issues that sit on the periphery of the CF experience normally, but are integral to student life
  • RMC work more closely with external care providers to signal to cadets that, should they not be ready to use the formal CF channels to address personal issues, they can seek assistance elsewhere rather than attempting to deal with issues on their own.

Some of these recommendations seem to be being reflected in the contemporary RMC climate, such as the efforts to define the aspirations and ambitions of an officer cadet in the CF, as discussed above. The Review notes, however, that the same trends in recommendations appeared throughout the literature reviewed, suggesting that all defence academies continue to grapple with similar challenges, despite their varying historical and political contexts.

Certainly, as noted in the body of the Report, Academy settings have been found on occasion to be even more resistant to gender integration than the wider defence force, sometimes increasing negative attitudes towards women.[565] Commentators have noted that this can be the result of the reverence for the ‘elite’ nature and history of the organisation; or of the views of staff posted there who may have had limited experience in mixed gender environments.[566]

Across the international settings scanned, women have been noted to adapt to the male oriented environment, normalising hostile behaviour or ‘performing gender’ to negotiate the mixed messages they receive.[567] Conversely, women have been observed to be the subject of ‘equal’ treatment in unconstructive ways.[568]

Clearly, then, the culture of defence academies is a complex phenomenon. All of the best practice themes identified above, however, can contribute to positive change. A greater number of women in defence services, and particularly in leadership positions, can influence culture, just as clear policies, accessible language and effective training can start to gradually impact on attitudes, as well as on external behaviour. The Review’s study of international contexts suggests that all of these elements need to be brought to bear when shaping a strong and positive environment for women at defence training institutions.

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[505] These were the Royal Military College, Canada; the Netherlands Defence Academy; and single service national academies in New Zealand, the United Kingdom and United States.

[506] The Netherlands Defence Academy provided a response outside of the Review’s timeframe, meaning that it was unable to consider it fully. The Review understands that this was, in part, a result of the break in the Academic year.

[507] As such, the Netherlands engages female personnel as ‘gender advisers’ in international crisis settings to help units relate effectively with women in local populations.

[508] The DOD Sexual Assault Prevention and Response Office is the ‘single desk’ responsible for dealing with sexual assault across the US defence forces, which has long been perceived as a significant problem. Meanwhile, widespread media attention and a 2003 report indicating that nearly 19% of female US Air Force Academy cadets had experienced sexual assault or attempted sexual assault during their time at the Academy prompted detailed investigation, with the US Congress ordering the creation of a separate DOD Task Force on Sexual Harassment and Violence at the Military Academies and requiring the Secretary of the DOD to submit an bi-annual report regarding sexual misconduct at the Military Academies. Department of Defense Inspector General Report on the United States Air Force Academy Sexual Assault Survey (2003) cited in TK Fowler, J Bunting III, MJ Nardotti Jr., AM Carpenter, JW Ripley, Final Report of the Panel to Review Sexual Misconduct Allegations at the United States Air Force Academy(2003), p 52. At www.defense.gov/news/Sep2003/d20030922usafareport.pdf (viewed 3 July 2011).

[509] N Blake, The Deepcut Review: A review of the circumstances surrounding the deaths of four soldiers at Princess Royal Barracks, Deepcut, between 1995 and 2002 (29 March 2006).

[510] The Defence Ethics Program provided at the Canadian Forces Leadership Institute emphasises that the principles and values of the Canadian Forces include respect for the dignity of all persons and overtly assumes certain values to be fundamentally Canadian, including respect for theCanadian Charter of Rights and Freedoms. It also refers to the ‘societal trust’ in the Canadian Forces that must not be disappointed.

[511] Motto of the United States Air Force Academy until 2003.

[512] JL Pershing, ‘Why Women Don’t Report Sexual Harassment: A Case Study of an Elite Military Institution’ (2003) 21(4) Gender Issues 3, p 25. See also KA Scott, Universal or gender-specific? Exploring military leadership from a subordinate perspective, Technical Report, DRDC Toronto TR 2003-121, (2003), at http://pubs.drdc.gc.ca/PDFS/unc57/p521079.pdf (viewed 6 June 2011).

[513] The subject of female leadership within defence forces is a broad subject beyond the scope of this paper. However, it is worth noting that much of the international literature scanned explored performance and perceptions of leadership qualities in female cadets, with female cadets often coming out ahead of male cadets in performance indicators, particularly in respect of personality ‘hardiness’ and self-assurance, as well as academic performance. Despite this, perceptions of female and male leaders differed, with junior male officers assumed to be just as qualified as senior male officers, but junior female officers perceived to be underqualified. S Gibson, ‘Perceptions of US Military Leadership: Are All Leaders Created Equally?’ (2005) 24(2) Equal Opportunities International 1. See also MJM Kelley, Gender Differences and Leadership, Research Report (April 1997). Atwww.au.af.mil/au/awc/awcgate/awc/97-104.pdf (viewed 22 June 2011); MJ Morgan, ‘Women in a Man’s World: Gender Differences in Leadership at the Military Academy’ (2004) 34(12) Journal of Applied Social Psychology 2482; P Bartone, S Snook & T Tremble Jr, ‘Cognitive and Personality Predictors of Leader Performance in West Point Cadets’ (2002) 14(4) Military Psychology 321; and GL Watkins and MC Bourg, ‘The Effects of Gender on Cadet Selection for Leadership Positions at the United States Military Academy’ (1997) 15 Minerva: Quarterly Report 63.

[514] P Cawkill, A Rogers, S Knight and L Spear, Women in Ground Close Combat Roles: The Experiences of other Nations and a Review of the Academic Literature, Ministry of Defence (29 September 2009), p 37. At www.mod.uk/NR/rdonlyres/7A18C2A3-C25B-4FA1-B8CB-49204A109105/0/women_combat_experiences_literature.pdf (viewed 23 August 2011).

[515] In fact, the Report of the Defence Task Force on Sexual Assault in the Military Services in the US found that the ‘key factor amongst best practice initiatives is consistently engaged leadership’. USA Department of Defense, Report of the Defense Task Force on Sexual Assault in the Military Services, (2009), p 88. At www.quantico.usmc.mil/download.aspx?Path=./Uploads/Files/SAPR_DTFSAMS_Report_Dec_09.pdf (viewed 21 June 2011).

[516] See Royal Military College of Canada, Your Goal: An Officer in the Canadian Armed Forces, www.rmcc.forces.gc.ca/mil/goal-objectif-eng.asp(viewed 20 July 2011).

[517] A UK Equal Opportunity Commission/Ministry of Defence report notes that leaders have a responsibility to set the right tone; S Rutherford, R Schneider and A Walmsley, ‘Quantitative and Qualitative Research into Sexual Harassment in the Armed Forces’ (2006). Atwww.mod.uk/NR/rdonlyres/538E55EE-9CA4-4177-9A0B-6853A431B283/0/20060522SRReport.pdf (viewed 3 July 2011), p 19. See also M Murdoch, JB Pryor, JM Griffin, DC Ripley & GD Gackstetter, ‘Local Social Norms and Military Sexual Stressors: Do Senior Officers’ Norms Matter?’ (2009) 174(10) Military Medicine 1100. See also E Wingrove-Haugland, ‘How Can Male Leaders Promote Sexual Equality in Military Academies?’ (1997) 15Minerva: Quarterly Report 47.

[518] The experience at United States Air Force Academy demonstrates the importance of ensuring that commanders understand their obligation to act on reports immediately, and not to delegate responsibility. Office of the Inspector General of the Department of Defense, Evaluation of Sexual Assault, Reprisal & Related Leadership Challenges at the United States Air Force Academy, Report No. IPO2004C003, (2004). Atwww.defense.gov/news/Dec2004/d20041207igsummary.pdf (viewed 16 June 2011). See also DM Hollywood, ‘Creating a True Army of One: Four Proposals to Combat Sexual Harassment in Today’s Army’ (2007) 30 Harvard Journal of Law and Gender 151, p 174, which explains that command can often see sexual harassment as their own failure, so may not take action.

[519] The Deepcut Review identified ‘staff churn’ as a particular problem – both in terms of loss of corporate knowledge, and in terms of staff accountability: N Blake, note 5. See also TK Fowler, note 4, p 52.

[520] United Kingdom Ministry of Defence, Joint Service Publication 913 – Tri-Service Policy on Domestic Abuse and Sexual Violence, pp 15-16, provided to the Review by the United Kingdom Ministry of Defence, p 15-16. See also United Kingdom Ministry of Defence, Joint Service Publication – 763 MOD Bullying and Harassment Complaints Procedures,www.mod.uk/DefenceInternet/AboutDefence/CorporatePublications/PersonnelPublications/EqualityandDiversity/EqualityAndDiversityPolicy/Jsp763TheModBullyingAndHarassmentComplaintsProcedures.htm(viewed 21 July 2011).

[521] New Zealand Ministry of Defence, NZDF Guide – Mediation & Investigation. Provided to the Review by the NZDF.

[522] United Kingdom Ministry of Defence, Basically Fair – Respect for Others in the British Army, AC 64325, Edition 4 (October 2008). Provided to the Review by RMAS.

[523] United Kingdom Ministry of Defence, as above.

[524] United Kingdom Royal Navy, ‘Equality, Diversity & You – Combating Bullying and Harassment in the Naval Service’. Atwww.royalnavy.mod.uk/upload/pdf/Equality_Diversity_and_You_Booklet_Revised-U.pdf (viewed 5 September 2011).

[525] US Department of Defense, Department of Defense Annual Report on Sexual Assault in the Military, Fiscal Year 2010 (2011). Atwww.sapr.mil/media/pdf/reports/DoD_Fiscal_Year_2010_Annual_Report_on_Sexual_Assault_in_the_Military.pdf (viewed 23 August 2011).

[526] E van den Heuvel and M Meijer, Gender Force in the Netherlands Armed Forces (Paper presented at the RTO Human Factors and Medicine Panel (HFM) Symposium, Antalya, Turkey, 13-15 October 2008), p 2. At www.docstoc.com/docs/75589982/Gender-Force-in-the-Netherlands-Armed-Forces (viewed 23 August 2011). The US DOD is in the process of establishing a similar hotline and developing a comprehensive advertisement campaign to establish awareness. United States Department of Defense, note 21.

[527] A Ballard, Report on Sexual Assault Prevention and Intervention in a Military Environment (2009), p 35. Atwww.churchilltrust.com.au/fellows/detail/3315/angela+ballard (viewed 7 July 2011). See also Canadian Forces, Canadian Forces Provost Marshal Annual Report (2000). At dsp-psd.pwgsc.gc.ca/Collection/D3-13-2000E.pdf (viewed 7 June 2011).

[528] See United Kingdom Ministry of Defence, note 18; and United Kingdom Ministry of Defence, Chief of the General Staff’s Equality and Diversity Directive for the Army, Army Code 64340, April 2008, viewed at www.mod.uk/documents/general/CGS_ED_Directive-April_08.pdf on 3 July 2011 and provided to the Review by RMAS, above.

[529] Angela Ballard identifies the specialist training required of investigation teams (minimum requirement of 50% of active investigators in each detachment has qualified training conducted by external policing agencies) and specialist training required of investigation teams (minimum requirement of 50% of active investigators in each detachment has qualified training conducted by external policing agencies) as examples of best practice. A Ballard, note 23, p 55. She also identifies the UK’s Offender Case Management programs which determine whether ongoing employment/mental health treatment or other supports are appropriate.

[530] Ballard also notes the Military Family Resource Centre (MFRC) social worker who works with police and hospital staff as part of provincial Sexual Assault Response Teams as well as the use of Sexual Assault Nurse Examiners (SANE) to ensure the chain of custody of evidence is preserved when law enforcement agencies are not involved). The report recommended the ADF adopt a similar multiagency response. A Ballard, note 23, p 55.

[531] The Report of the Panel to Review Sexual Misconduct Allegations at the Air Force Academy noted this reform as both productive and impressive. TK Fowler, note 4, p 52.

[532] US Department of Defense, note 21.

[533] It is important to distinguish between the perceived success of this mechanism and confidential reporting available at the USAFA during the 1990s which, rather than encouraging reports, tended to mask offence rates and absolve command of responsibility. See TK Fowler, note 4, p 52. See also Office of the Inspector General of the Department of Defense, note 14.

[534] Angela Ballard, in particular, notes the value of multi-agency support, in which defence partners with external or civilian agencies to provide the most comprehensive response. A Ballard, note 23, pp 34-5.

[535] Information regarding ADR mechanisms is also accessible via the Canadian Force/DND homepage, see www.cmp-cpm.forces.gc.ca/adr-marc/index-eng-asp, (viewed 18 June 2011).

[536] If ADR has not been successful (or is inappropriate), a trained Harassment Investigator conducts a formal investigation, making recommendations to the Responsible Officer. The RO then makes a decision, informing the parties via a Letter of Administrative Closure in respect of the action that is to be taken.

[537] United Kingdom Ministry of Defence, Redress of Individual Grievance: Service Complaints (2010) at http://www.mod.uk/NR/rdonlyres/88E9A07C-9864-43FF-AF62-C8AFA6A01BB4/0/jsp831_v22.pdf (viewed 23 August 2011).

[538] This training varied from introductory sessions, such as the Standards for Harassment and Racism Prevention (SHARP) training provided to Canadian cadets within the first days of enlistment/ appointment through to regular sessions over the course of four years, as discussed below. Content also varied, with UK cadet training including drug and alcohol education, and training at West Point including use of social media.

[539] The UK MoD Senior Officer Diversity and Equity Awareness program has been identified as particularly impressive. G Scoppio, ‘Diversity Best Practices in Military Organizations in Canada’ (2009) 9(3) Canadian Military Journal 27. See also E van den Heuvel and M Meijer, note 22, regarding training for instructors in the Dutch services which emphasises training environment, as well as content.

[540] The UK Armed Services and CF purchase civilian training in sexual assault and second staff to specialist civilian organisations to develop expertise. See A Ballard, note 23, pp 34-37, 54.

[541] A Ballard, note 23, pp 29, 56, recognises US Navy programs as particularly effective, as did the USA Department of Defense, note 11. See also TJ Rau, LL Merill, SK McWhorter, VA Stander, CJ Thomsen, CW Dyslin, MM Rabenhorst and JS Milner, ‘Evaluation of A Sexual Assault Education/Prevention Program for Male US Navy Personnel’ (2010) 175(6) Military Medicine 429.

[542] The US Department of Defense, note 21, pp 30-41. Atwww.sapr.mil/media/pdf/reports/DoD_Fiscal_Year_2010_Annual_Report_on_Sexual_Assault_in_the_Military.pdf (viewed 23 August 2011) lists a range of best practice training initiatives in the wider services – the common characteristics being that they are ongoing and embedded in mainstream training; that bystander intervention is a focus; as is the responsibility of command; and that specialist training is made available to sexual assault investigators.

[543] Office of the Inspector General of the Department of Defense, note 14, p 8. In contrast, note the ‘Skill Builders’ in the Army JROTC, Cadet Reference (2nd ed) US Army Cadet Command, p 60. At www.dimondjrotc.org/cadet_reference.pdf (viewed 23 June 2011).

[544] MN Schmid, ‘Comment: Combating a Different Enemy – Proposals to Change the Culture of Sexual Assault in the Military’ (2010) 55(2) Villanova Law Review 495. See also DM Hollywood, note 14, p 164.

[545] US Military Academy West Point, ‘Response to Questions for International Benchmarking – US Military Academy West Point’, p 1. Provided to the Review by MAJGEN M Crane, 11 August 2011.

[546] US Military Academy West Point, above, pp 1-3.

[547] Cadets are requested to submit electronic evaluations of the training and the Review is advised that numbers of evaluations received are mixed, usually dependent on the training topic. Meanwhile, in the most recent DOD Gender Relations Survey of the Military Academies conducted in March 2010, over 90% of cadets acknowledge receiving sexual assault and sexual harassment prevention training. See US Department of Defense,Report on Sexual Harassment and Violence at the Military Service Academies: Academic Program Year 2009-2010 (2010) p 6. Atwww.sapr.mil/media/pdf/reports/FINAL_APY_09-10_MSA_Report.pdf (viewed 18 July 2011).

[548] Office for Standards in Education, Children’s Services and Skills, Welfare and Duty of Care in Armed Forces Initial Training, Ofsted’s Report to the Minister for Defence Personnel, Welfare & Veterans, 2009-10. Atwww.ofsted.gov.uk/content/download/11493/135158/file/Welfare%20and%20duty%20of%20care%20in%20Armed%20Forces%20initial%20training.pdf(viewed 21 July 2011), in which significant improvements are noted since assessment started in 2004.

[549] See S Rutherford, note 13.

[550] Royal Military Academy Sandhurst, ‘Response to Questions for International Benchmarking – Royal Military Academy Sandhurst’, 17 June 2011, p 4, provided to the Review by MAJGEN M Crane on 20 July 2011; Royal Air Force Cranwell, ‘Response to Questions for International Benchmarking – Royal Air Force Cranwell’, 17 June 2011, p 5, provided to the Review; Britannia Royal Naval College, ‘Response to Questions for International benchmarking – Britannia Royal Naval College’, p 4, provided to the Review by MAJGEN M Crane on 19 July 2011.

[551] NJ Holden and K Davis, ‘Harassment in the Military: Cross-National Comparisons’, in F Pinch, A Macintyre, P Browne & A Okros (eds),Challenge and Change in the Military: Gender and Diversity Issues (2004), pp 108-109. Athttp://post.queensu.ca/~leuprech/docs/Gender_Diversity_reprint.pdf (viewed 2 June 2011).

[552] The 2005 survey found similar levels of sexual assault across the academies, with less than half of trainees prepared to report. Nearly all were aware of policy but had no confidence in the process. See P Cook, A Jones, R Lipari, A Lancaster, Service Academy 2005 Sexual Harassment and Assault Survey, Defense Manpower Data Center, DMDC Report No 2005-018 (2005), p v. At http://www.airforce-magazine.com/SiteCollectionDocuments/TheDocumentFile/Personnel%20Issues/AcademySurvey2005.pdf (viewed 23 August 2011). The data from 2010, in contrast, suggests that this confidence is gradually increasing. Department of Defense, note 43, p 7.

[553] R Harris, Sexism, Sexual Harassment and Sexual Assault: Comparing Data from 2002 and 2006 DEOMI Directorate of Research, Internal Report No. 06-08. At www.deomi.org/EOEEOResources/documents/SSHSA_Comparing_Data_from_2002_and_2006_Harris_000.pdf (viewed 4 July 2011).

[554] See MN Schmid, note 40.

[555] In an internal brief ‘Issues Related to Reporting of Sexual Assault’ dated 18 March 2008 to the RMC Commandant by Dr Alan Okros, a Member of Faculty at RMC, provided to this Review, Dr Okros notes that cadets become complacent and confused over too many trivial rules and regulations and that awareness raising and changes to cadet culture are likely to have a more enduring impact than any formal policy reform, p 6-8. Provided to the Review by Dr Okros via ADFA. While Jana Pershing notes that policies can be enforced differently where different cadets are concerned. JL Pershing ‘Gender Disparities in Enforcing the Honor Concept at the US Naval Academy’ (2001) 27:3 Armed Forces & Society, 419 at p 429.

[556] C Kirke, Addressing Constructions of ‘Bullying’ in the British Army: A Framework for Analysis, Shrivenham Papers No. 4, Defence Academy of the United Kingdom (August 2007). At www.da.mod.uk/colleges/arag/documents-listings/Shrivenham%20Paper%204.pdf (viewed 7 July 2011) discusses the way in which intense training environments compound the impact of negative behaviours.

[557] MN Schmid, note 40, p 497.

[558] JL Pershing, note 8, p 3. Pershing notes that one of the most vital steps in addressing all aspects of gender integration is to address women’s social isolation, using measures which encourage connections and trust between female cadets. Accordingly, she suggests placing female cadets/midshipmen in larger groups, rather than spreading them thinly through the cadet corps. See also JL Pershing, note 51; and JM Silva, ‘A New Generation of Women? How Female ROTC Cadets Negotiate the Tension between Masculine Military Culture and Traditional Femininity’ (2008) 87(2)Social Forces 937.

[559] ‘Suicide and Vulnerability’ Returns are also required upon reports of incidents in UK academies.

[560] MAJ J Belanger, Verbal briefing to the Review, 1 July 2011.

[561] Virginia Polytechnic Institute and State University, Military Affairs Annual Report 2009-10, p 9. Atwww.vtcc.vt.edu/Documents/AR%202010_final.doc (viewed 8 July 2011).

[562] United Kingdom Ministry of Defence, Equality and Diversity in the British Army Newsletter (Autumn 2008), provided to the Review by RMAS.

[563] Marine infantryman quoted in MI Spak & AM McCart, ‘Effect of Military Culture on Responding to Sexual Harassment: The Warrior Mystique’ (2004) 83 Nebraska Law Review 79, p 81.

[564] In JL Callahan, ‘Manifestations of Power and Control: Training as the Catalyst for Scandal at the United States Air Force Academy’ (2009) 15(10) Violence Against Women 1149, the author suggests that loss of control from start of Basic Cadet Training results in attempt to regain control, with women’s bodies the site for this battle. This manifests in men as sexual aggression and in women, she argues, as eating disorders.

[565] As noted in the body of this Report, a survey of cadets at the Netherlands Defence Academy, for example, found that support for the full integration of women into the armed forces dropped significantly among male cadets from first to fourth year, while attitudes of female cadets remained roughly the same. R Moelker and J Bolch, Hidden Women: Women in the Netherlands Armed Forces, Publications of the Faculty of Military Science, No. 2008/01, Netherlands Defence Academy (2008). At hbo-kennisbank.uvt.nl/cgi/nda/show.cgi?fid=1721 (viewed 15 July 2011). MH Carroll & MD Clark ‘Men’s Acquaintance Rape Scripts: A Comparison Between a Regional University and a Military Academy’, (2006) 55 Sex Roles 469; VM Basham, ‘Harnessing Social Diversity in the British Armed Forces: The Limitations of ‘Management’ Approaches’ (2009) 47(4) Commonwealth & Comparative Politics 411, p 425 in which the prevalence of ‘young dinosaurs’ – young men who hold just as conservative or even more conservative attitudes than senior officers – is noted as an ongoing problem.

[566] See MJ Drake, ‘Ambivalence at the Academies: Attitudes Towards Women in the Military at the Federal Service Academies’ (2006) 27 Social Thought & Research 43. At kuscholarworks.ku.edu/dspace/bitstream/1808/5209/1/STARV27A3.pdf (viewed 23 August 2011); S Kurpius & A Lucart, ‘Military and Civilian Undergraduates: Attitudes Toward Women, Masculinity and Authoritarianism,’ (2000), 43(3-4) Sex Roles, p 255; and L Larwood, ‘Attitudes of Male & Female Cadets Towards Military Sex Integration’ (1980) 6(3) Sex Roles, p 381.

[567] J Firestone & R Harris, Exploring Missing Values on Responses to Experienced and Labelled Event as Harassment in 2004 Reserves Data,DEOMI Research Directorate, Internal Report Number 13-08 (2008). Atwww.deomi.org/EOEEOResources/documents/Exploring_Missing_Values_on_Responses_Firestone.pdf (viewed 4 July 2011); LF Fitzgerald, VJ Magley, F Drasgow, CR Waldo, ‘Measuring Sexual Harassment in the Military: The Sexual Experiences Questionnaire (SEQ-DoD)’ (1999) 11(3)Military Psychology 243.

[568] JL Pershing, ‘Men and Women’s Experiences with Hazing in a Male-Dominated Elite Military Institution’ (2006) 8(4) Men and Masculinities 470. Junior female cadets have been found to experience hazing equally, which means their status as ‘plebes’ overrides their gender status.