322.1345(1)(1) The sexual advance, demand, request, or conduct of a sexual nature satisfies any of the following conditions: 322.1345(1)(a)(a) It would, under the circumstances, cause a reasonable person to believe, and at least one person did believe, that submission to or rejection of such an advance, demand, request, or conduct would be made, either explicitly or implicitly, a term or condition of that person’s job, pay, career, benefits, or entitlements or would be used as a basis for decisions affecting that person’s job, pay, career, benefits, or entitlements. 322.1345(1)(b)(b) It was so severe, repetitive, or pervasive that a reasonable person would perceive, and at least one person did perceive, an intimidating, hostile, or offensive working environment. 322.1345(2)(2) The sexual advance, demand, request, or conduct of a sexual nature was to the prejudice of good order and discipline in the state military forces or of a nature to bring discredit upon the state military forces, or both. 322.1345 HistoryHistory: 2023 a. 47. MISCELLANEOUS PROVISIONS
322.135322.135 Article 135 — Courts of inquiry. 322.135(1)(1) Courts of inquiry to investigate any matter of concern to the state military forces may be convened by any person authorized to convene a general court-martial, whether or not the persons involved have requested an inquiry. 322.135(2)(2) A court of inquiry consists of 3 or more commissioned officers. For each court of inquiry, the convening authority shall also appoint counsel for the court. 322.135(3)(3) Any person whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses, and to introduce evidence. 322.135(4)(4) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court. 322.135(5)(5) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties. 322.135(6)(6) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial. 322.135(7)(7) Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority. 322.135(8)(8) Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel. 322.135 HistoryHistory: 2007 a. 200; 2009 a. 179. 322.136322.136 Article 136 — Authority to administer oaths and to act as notary. 322.136(1)(1) The following persons may administer oaths for the purposes of military administration, including military justice: 322.136(1)(c)(c) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants. 322.136(1)(e)(e) All other persons designated by regulations of the armed forces of the United States or by statute. 322.136(2)(2) The following persons may administer oaths necessary in the performance of their duties: 322.136(2)(a)(a) The president, military judge, and trial counsel for all general and special courts-martial. 322.136(2)(b)(b) The president and the counsel for the court of any court of inquiry. 322.136(2)(d)(d) All persons detailed to conduct an investigation.